Acceptance Agreement with Jessica Campbell (Tim Buckley) for Display of Artwork in Initial Point GalleryACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 7th day of January, 2014
"Effective Date"), by and between the City of Meridian, a municipal corporation organized under the
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laws of the State of Idaho ("City"), and Jessica Campbell, an individual person ("Agent ). (City and
Agent may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall and to
that end the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking
ro osals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of
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Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho (Initial Point
Gallery");
WHEREAS, in response to the Call to Artists, artist Tim Buckley did submit a proposal,
comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in
Initial Point Gallery;
WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed
the res onses to the Call to Artists, selected Tim Buckley's work for display based on the Proposal,
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which work is now owned or controlled by Agent, and recommended to the Meridian City Council that
such artwork, as depicted in the Proposal, be displayed in Initial Point Gallery;
WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted
such recommendation and directed the Commission to establish a display of Agent's artwork in Initial
Point Gallery; and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public
business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic
ex ression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place
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where citizens, employees, and visitors of diverse ages and perspectives feel welcome and
comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Agent shall personally deliver to Initial Point Gallery, on January 3, 2014, at 9:00 a.m., or at such
time and date as is mutually agreed-upon by the Agent and the Gallery Curator, artwork which
shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Agent
shall be responsible for hanging such artwork on January 3, 2014 at the direction of the Gallery
Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2014 to
Januar 31, 2014, in accordance with the terms of this Agreement; and shall be responsible for
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removal of such artwork on January 3 1, 2014, at 9:00 a.m., or at such time and date as is mutually
agreed upon by the Agent and the Gallery Curator.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 1
II. C011~IPENSATION AND SALE OF ARTt'~'ORK.
A. No cons nsation. Agent shell display t1~e artwork in initial Paint Gallery of the ple~~sure c>f
the I~ICridlall Ctty CUUIICII. City shall not provide carr~pensot~o~~ to Agent for serv~c,~es, work,
andlor any activity undertaken pursuant to or related to this A~reeil~ent.
[~. Sale o~ artwork. Arent nay, at the direction of and in the ~Y~anner established by the Gallery
Cur~~~tor, assively Utter the artwork on display in Initial Paint Gallery for sale. No piyre shall
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be ciis Ala ed alp or tie prc~xin~ote to atYy piece an display i~Y Initial Paint Gallery. City pei~o~~nel
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shall nut. facilitate in any way the sale at Agent's work; any tr<<~nsactlon related to tlae sale of ,
art~~~ork shell be handled solely by Agent. A~,ent acknowledges the C'ommission's request that
A ~etlt valuntatit ~ donate to the Can~rYlissic~~~ twenty percent ~L~f~ ~) ut pro~•eeds t`rt~~n~t a~~y
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nrtwcn•k sold due to its display in i~~iti~~l Paint. Gallery. Upon the sale of ~i plec~e of ~~rtwork on
dis la in Initial Paint Gallery, Agent 1Y~oy rerilave sorb ortv~tork i`rc~rn the Gallery, prav~ded
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that A~e~nt replaces the removed piece with another piece of artwork within twenty-t+our ~~'4;~
hours of such ret~~oval. Agent shell coordinate the removal, replacement, and/or substitution of
o~~ and oll artwork with the Gallery Cu~~ator prior to such activity.
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l ll.'Ci~~t~: of ~'EI~~~c)I~I~i~NC~:.
Agent shall provide services describerd in this Agrzement in ~~ timely ~t~anner, as described herein.
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Agent arknowled~;es and agrees that tune is six~rtly at the essence with respe~'t to this A~;ree~~tie~tt,
and that tl~e failure to timely ertarn~~ al~y of tl~e obli~r~rtiarls he~~eundershall constitute o default of
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this Agreement.
I~'.1NSTALLATION.
~. Coot'dination with Curator. Prior to tl~e instollotian, re~~~t~vai, ~•eplarettlent, and/or
substitutiolt of the display in initial P{~i~~t Gallery «r airy portion or co~~iportent thereof, A~,rnt
shall coordinate any and all such activity with the~Gallery Curator.
~. Inspection of di~pia~'. Prior to ar after instal lotion, the Gallery Curator and/or the City ~t~oy
inspect andl~x• review the artwork proposed try Agent tar display in Iniiial Paint Gallery to
ensure ro~~~~plianre with oll criteria set. forth in the Col! to Artists ottarhed hereto 0.4 ~:~{7il~~t A,
and the Application and Acknowledgemej~ts Form attached hereto in ~"~•~~it~rt ~3, :~s well ~~s to
ensure that such artwork ma be s;~t`ely and appropriately displayed in initial Point Galley. If
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the Gallery CuiN.atar or tl~e City concludes that. the display or any portion car cantpunent thereof
does not ~neet the criteria set forth in ~.i~l7rllit,S A ~~ttd ~3, does not ret~ect ~trt~~ra~-k as described
ar~cl cie icted in the Proposal set forth in ,~chif~it f3, ar c~u~nat be sofely and/ar appropriately
p ~ ~ r
displ~~yed in in~ti,~l Point Gallery the (~aller~~ Curator or the C'lty nay require the immediate
removal of such ~utwo~•k t*rom Initi~~l Point Ciallrry. Further, the Gallery C'ultltor or the City
rnav re uire tl~e i~~nrtlediate removal of such artwork frt~ro Ir~itiol Paint Gallery where sorb
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removal serves the best interest of the City.
Ac~cr~r"~~t'~: At,k~.~ tii~N i'
1NITIr~. ~OINTGr11.L~RY h~1~'L.~Y ~'A~~
~. DISPLAY:
' final artwork. A teat warrants th~it filly al7d all artwork proviclecl by A~el~t for display in
A. trig ~
Initial Poirit Gallery shall be, and is, ori~~inal ~rork coilcei~1ecl and crated by Agent.
oto ra hs of artwork. City inay photograph the artworl; displ~tyod in Iluhal Point gallery,
B. Ph ~ ~ ~ Where
as Cit rt~la desire for purposes of advertisiil~, il~arketill~, and public intornlatloll.
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racticable and to file extent of Guy's autllr~rity, A~ellt shall be ackllt~wletl~,ed on a;ICli such
P
hoto~~ra !~ to be file creator of the oi~~illal subject thereof, provided filet photo~,raphic
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re reductions of art~vorl; shall not be identified ,ts or 1'eprosonted to be the finished artwork.
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C. use of A ent's name. A~ellt hereby conveys to City perrllissioil to use Acent's ilallle for
ur ores of ~Idvertisin~r, inarketill~, and public inforl~latic~il, without violation of Agent's 1-i~;hts
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of rivac f or all other i~irllts A~,ellt may possess under tills A~reerr~lellt, provided that City
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shall not use A tint's l0 0, i#"any, for any purpose without the express, written permission of
A~~ilt.
l). [Dse of t~i is name. Gity hereby conveys to Agent pei-i~llssion to use City's llairle for purposes
of advertisiil~;, marketing, and public illfoi-illation, without violation of City's rl~hts of ~?rlvacy
or an other 1'1 hts City may possess under this A~reelnent, provided that. A~ont shall not use
~.~ ,y • ~ ~ •' 's ~xecutivo
~.ity s lode toi any purpose without the oxpiess, l~vlitteil permission of the Mayor
Assistant.
H:. kemoval o~ at~twork by t~it~z. City shall have the right to 1-ernove A~,ent's artwork frol~l public
display at any time ~l~nd t"or ~~ny re~~son. ~-uch removal may be ten~por,~ry or pern~~~nent in
nature. Where such alt~vork is or is intended to be removed from public display far loner than
tc~rt~°-eight ~~~}hours, City shall notify A~~ut in the irianlier srt t`ortll he!•eln. V~'ttile it iti
intended that A~~ent's artwork will be displayetl irl Initial Point Gallery for the peric}d set ftartll
llereill, tills perit~tl inlay be shortened by City for ally reast~il, witht~ut notice to the Agent.
F. Retno~al of artwork b~~r Agent Agent shell coordin~lte ~~vith the Gallery C~ul;~tor the removt~l,
replac`el~leilty atlt~loC subsiltutloll o~ ally gild all ai'iwork pl`lol' tU such activity, wh~ihCl• suC'll
at~tivity is llec~essary flue to file sale of a piece or for ally t?thee' reasc~ll.
G. ~irnultaneous clisplay~. t:'ity li~ay elect to display the work of more than ono A~ont er
Ur~~nization in Initial Point Gallery at all}~ till~e, at the City's sole discrotien. The manner and
arr'dn~~ertlent of the display(s) in Initial Point Ganei'y shall be deteiitlilled by the Gallery
Curator.
~'l. i~t~~;n~[~t~~it;~-~•ic~N, W~w~~ ~~rs I~st~~~c:r..
A. lnc~emni~ication. A~~ent shall, and hereby does, inden~lllify, save, acid hold harl~iless ille City
and all and all of" it<~ em to ties, a~;ellts, volunteers, and/or elected t~t`t+lCials t'rul~~ any anti all
y py
losses, clair~ls, alld ~ud~ttjetlts for datllages ar injury tt~ pel-soll:- or property, and firor~ll ally allrl
all losses and expenses caused ar incurred by Agent er A~ont's servants, ~Ihonts, employees,
guests, and/or invitees.
Ac~ckl~l~~~NC~ At~k~:ti~tl/Nr
INITIAL ~iNTGAi.LERY ~)IS~'L~-Y ~'At'~
$. ~Vu~ve~r. Agent shall, and hereby does, wai~te any and all clarllis and recourse agalrist ~'it}r.
including fire r-iglrt of colrtribution for loss and darrrage tca persons or property arisitrg franc,
~~rowinrr out c~~f, ar in any way carirlected ~~ritlr or inc~iderrt to Ageut's pe>~'c~r~rrarrce of this
A~reerrrer~t, whether such loss cx• clar~rage bray be attributable to known or urrl;rrown conditions,
except for- liability arising out of file tortious conduct of City or its officers, agents ar
employees.
C. insurance agent's responsihuit~J. Cif}~ shall Trot. provide insurance to cover lass, theft, or
danla~;e cif trrtwtn-k displayed itr Initial Paint Gallery or to cover arty activity uriclertakerl by
Agent in the furtherance of Artists' rights ar obligations described herein. Insurance ot` the
art~~~ork; of the Agent's person, property, or interests; arid~or of the Agent's employees or
a+~ents sh~rll be fire sole respolrsbility cif Agerrt. Agent shall obtain all necessary insur~ulce as
rna~1 be rewired irl order to protect Agerit's insurable interests for its rights acrd obli~;atiuns
described within this A~reerrlerit, including, but riot lir~ritecl to, liability insul~anc.•e, automobile
lrrsilr~rilCe, worker's corilpensatiorl insurance, and/or insur~ince of the artwork to be displayed in
initial Point Gallery. Agent shall dear any and all asks of, and aetu.~l, loss of, theft of, and/or
c1~u~~ra~;e to the artwork prepared for, tr~rrrsported to, transported frorrl, rrstallecl car hunk; i r~,
and/or displayed irr Initial Ptririt Gallery.
III. T~:K~ttN~~~toN.
A. Termination for cause. it City cleterr~tlirres that. Agent has tailed to corrrply with arry terrtl or
ccrridition c~~f this A~,re~errlerit, violated ~rrry of the cuWerrarits, a~;reer~lerits, andlor stipul~rtians cif
this Agr•eernerrt, falsified an}~~~ record or docunlerit required to be prepared urider this
A~-reerr~ent, err~a~ed in fraud, dishonesty, ar any other act of misconduct in the pert'orrnarice of
~, ~..~
this Agreernerit; or if either Party willfully or negligently defaults rn, or fails to fulfill,. its
rrrater~al obligations under this Agreerrrerrt; file other Party shall have the ri~lrt to ter~runate fire
A~Treen~lerrt l} ~ ~~iwin~~ written notice t~~ file det~aultirrg party of its intent. to terrrrinate, and shall
~ ~~
specify fire graurrds fcrr• terrrlination. The defaulting party shall have twenty-four (?~} hours
after recei t ot` such notice to Dore the default. If the default is not cured within such period,
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this Agreement shall be ter~rlinated upon rll,riling of written notice of such terrnin:ition by fire
terr~rirratirrg party.
~. Termination without cause. City r~ray ir~rrnediately terrrirnate this A~-reenlent fc~r arly reason
at any tulle without prior notice to Agent.
t~. 'Cernlination upon death or incapacit~r of Agent. This Agreer~rent slral~l autcrrrratirally
terminate up~rn the death or incapacity of Agerit.
D. Non-~~-aiver. A waiver o#` Duly breach or default of any provision of this Agreerllent shall not. be
construed as a waiver of ~r breach of the same or any other proti~ision hereof`.
A~"C~;IYI"ANCk, Ac;KEk Ntr~N~l'
1N1T1AL. ~1NTG~LL~RY 1~15~'LAY ~'Af~E
VIII. GENERAL PROVISIONS.
. kelatianshi of ~ai'ties. It is the e,~cpress ilrtelltiall of~ Parties that Agent. iS irn lildepentlent
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part 1 a11c1 nc~)t an elrr loyee, agent, joint r~~ntur~r, or partner cft+ City. NUtlllrl~; ill t111S A~,reelr~el~t
E ~ ~
s11~r11 be inter rend or construed as creating or establislling the relatiollship at' employer and
p
ovee between A ent and C~it ar b~tr~e~n Agent ~~ncl iiny af'tici4~1, ~~~~11t, or employes at'
empl , ~ y. ~ ti ~ 11 retain the
Cit . Bc)th aches acknowledge tllat Agelrt is not an enlplc)yee of Clty. A~,e11t .11a
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1~~-ht to pel•#orrrl services for others duli11g the terlrl ot'tllis Agl•eenlent.
B, Com fiance ~tirlth la~t~. Througllotrt the course of this Agreement., Agent shall co111p1y with any
{rnd all applicable fedetV.rl, state, ~rntl lacirl lir~~1s.
(~. Non-i~)iscrin~ination. In t;ulfilling car exercising; any right or obligatic)n under t11is Agreel~~rent,
A~'ellt shall 11ot dlsen1~1111irte irgallrst airy person as tt) t~~rce, creed, l~lig~ic)n, sex, age, National
origin, sexuill orientation or any physical, nlent~rl, or sensory disability.
i~~. entire a eernent. This Ag;reenrent constitutes the entire understanding between the Fatales.
' .
This A~rreerrlerrt supersedes a11y arlcl all statelrrents, pl-onllses, or lrrduce1~1e11ts nracie by either
irrt , or a rents of either party, ~vllether oral or wr~tterr, a11c1 whether previous to tyre execution
p y ~
hereof` or contemporaneous herewith. The te1~11s ot` this Agreement may not be enlarged,
rnadified or Altered except upon written agreement signed by both parties her•eta.
h:. A reernent governed blip ldabo law'. Tire laws cat the. State of Idaho shall ~;overlr the validity,
irate retatic)n, pel~'orltrirnce acid erlforcenierlt of tilts Ag;reenlerlt. Venue shall ire in the courts of
Ad~r 'aunty, Idaho.
~', Cumulative t'ig~ts and rentedie~. All 1'tglrts acid remedies herein errurrler~rted shall be
cumulative anti nc)rre shall exclude fury other right or rer~redy allowed I7-y law. Likewise, the
exel~ise of iurY rel~red ~ rovided l'or Ilerein c)r allowed bylaw shall not be to fire exclusit)ll of
J
any other remedy.
G. 4everability. It any provision ot+ this Agreement is round by a court of colr1pete1lt ,lunsdlCtlorl
to be ille gal, irr~irlici, or ulrerrtorceabie, tale ren~rainder of` this Agn~eelrlent shall not be aft'ected.
H. Succ~essor~ anti assiglts. Ag~11t shall not subcarltl~4rct or assign anal ot} Agent's obligations
under this A~reenle~lt that require or that rt~ay require Agent's artistic talent or expertise. Agent
• +
rrlay sub~:ontl~art or a~-si4:11 C)flli~;~ltl(1n~ thin d~ rl{~t 1'e1~u11~C A~~nt ti ~lrtl:~h~ t~l~ilt c>r exp~rtls~.
All. of the tertrrs, provisions., covenants acid conditions otT this Agreetrlent shall llrure to ilre
benefit cat, acid shall be birrdirrg upc)ll, eirrh party affil their succ.~essul•s, assigns, legal
representatives, heirs, executor's, and ~rd1111nistl'atars.
1. Notice. Any and all nr)tice required to be provided by the Forties hereto, unless otherwise started
in this A«reenlent, shall be in wltitirri,; offal shall be c~eerrled colrrlrrunicated upon lrrailillg by
iJnited States l~~ail, addressed as t'ollows:
A~~c~:rY1~~~NCk Aok~:~i~r, r
1NrTrAL ~INTCia1.LERY I.~lS1'LAY ~~~'~~
Agent:
r~~~
Jessica Campbell
X831 Regan Avenue
B~~ise, ID 8:70?
?U8-10 ~-8581
.jessicampbellC~~me~.com
(.~ ~~l lerv C"u> 4~tor.
Dwi~,ht~Villiar~rs
l~ier~idian Arts Cor~~r~~issiorl
.~a E~. Broadway Ave.
Meridian Ill ~ ~~~?
l?08} 887-6~7 i
dwi~;l~t5 i2~~q.c:orn
.
-.:ltv=
F~r~ily Kane
Deputy City Attarr~ey
~~ F,. Bru~~dway A~~e.
Nler~dian lD 8:~t~~?
(~'~~~ 8t)8-5506
ekane~n~ rr~er~clianc~ity.ur~,
Arry party r~tay cl~ar~~;e its respective aciclress t'c~r tl~e purpose ~~f this par~~~n~apli by ~ivir~~, written
notice of such ch~ul~e irZ the m.rn»er herein provided.
J, +~ity t~ouncil approval re~uire~. Tl~e validity of this A~,reerz~ent shall be expressly
conclitior~erl upon City Council action approvir~~ tl~e A~reerY~erit. F.xecutiurr ok' this A~reer~~iertt
by the persons ret'erer~ced below prii~r to such ratit'ication ~~r approval shall ncrt be cc~t~strtreci as
pram' at' validity in the absence of Meridian City t'ouncil approval.
tN wITN~4ti wH~~C~I,~ tlrr parties hereto Dave executed this A~rerr~rent on this ~ day
of ,. ~i~?~T ~o.nv v~ a~ r
A~~~;NT:
essica Car~tpbell
CITY ~F 1~IERIDIAN:
BY:
Tammy d erdY M • r
;-~~ x
~~ ,~~~
Attest ~
~~
Javicee H roan, Cit ClerJ ~ ~~~~ ~-=°~ ~ ;~: .,
~ti
~ tip ~~
''r <:''
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~f ~~e iR~-1`~`''~
A~'Ct~rrr"AN('~. AGIt~tl~~tEN T
1NrT1AL ~aINTGal.L1~RY l~rs~L~-Y ~'~~~ ~
Exhibit A
Meridian ~ Commission
Cafl for Artists: 2014 INITIAL POINT GALLERY SERIES
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional
artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial
Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open
to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two-
dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists
voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery.
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang,
original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three-
dimensionalworks may be of any medium, but must fit within the four supplied display cases. No artwork will be
displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance,
handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be
displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into
an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply
biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial
Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following
materials and information to MAC in order to be considered for selection.
• Completed, signed Application & Acknowledgements form;
• Biography of the Agent or informational statement regarding organization;
• Letter of intent;
• Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image
must be of a different Agent's work); and
• $35 gallery maintenance fee (nonrefundable).
Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited
assistance producing digital images may be available upon request. Materials submitted will not be returned.
DEADLINE:
All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013.
SELECTION PROCESS:
The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter
sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered:
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
RESOURCES PROVIDED UPON SELECTION:
The City of Meridian will provide selected artists/organizations with the following resources:
• Volunteers to assist Agent/organization with installing and removing each piece of artwork;
• Track system for hanging 2D art and four enclosed pedestals for 3D art;
• Space for Agent information and/or an information board; and
• Publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: By mail: Meridian Arts Commission
Attn: 2014 Initial Point Gallery Series
33 East Broadway Avenue
Meridian ID 83642
By a-mail: macCmeridiancity.orQ
Exhibit B
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