Acceptance Agreement with Idaho Watercolor Society 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 .a\ day of 2014,
("Effective Date"), by and between the City of Meridian, a municipal corporation organized r the
laws of the State of Idaho ("City"), and Naomi Elton ("Organizer"), on behalf of Idaho Watercolor
Society, Southwest Region ("Organization"), a nonprofit corporation organzied under the laws of the
State of Idaho.
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
proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of 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, Organizer 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 responses to the Call to Artists, selected Organization's work for display based on the Proposal, and
recommended to the Meridian City Council that Organization's 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 work with Organization to establish a display of
Organization'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
expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place
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.
Organizer shall personally deliver to Initial Point Gallery, on October 3, 2014, at 9:00 a.m., or at
such time and date as is mutually agreed-upon by the Organization and the Gallery Curator, artwork
which shall substantially conform to the description of such artwork set forth in Exhibit B hereto.
Organizer shall be responsible for hanging such artwork on October 3, 2014 at the direction of the
Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 3, 2014
to October 31, 2014, in accordance with the terms of this Agreement; and shall be responsible for
removal of such artwork on October 31, 2014, at 9:00 a.m., or at such time and date as is mutually
agreed upon by the Organizer and the Gallery Curator.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 1
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery
at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer
or Organization for services, work, and/or any activity undertaken pursuant to or related to this
Agreement.
B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner
established by the Gallery Curator, passively offer the artwork on display in Initial Point
Gallery for sale. No price shall be displayed on or be proximate to any piece on display in
Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any
transaction related to the sale of artwork shall be handled solely by Organizer or Organization.
Organizer acknowledges the Commission's request that Organization voluntarily donate to the
Commission twenty percent (20%) of proceeds from any artwork sold due to its display in
Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery,
Organizer may remove such artwork from the Gallery, provided that Organizer replaces the
removed piece with another piece of artwork within twenty-four (24) hours of such removal.
Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork
with the Gallery Curator prior to such activity.
III. TIME OF PERFORMANCE.
Organizer shall coordinate and/or provide the services described in this Agreement in a timely
manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence
with respect to this Agreement, and that the failure to timely perform any of the obligations
hereunder shall constitute a default of this Agreement.
IST. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Organizer shall coordinate any and all such activity with the Gallery Curator.
B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may
inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to
ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A,
and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to
ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If
the Gallery Curator or the City concludes that the display or any portion or component thereof
does not meet the criteria set forth in Exhibits,4 and B, does not reflect artwork as described
and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately
displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate
removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City
may require the immediate removal of such artwork from Initial Point Gallery where such
removal serves the best interest of the City.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 2
V. DISPLAY.
A. Original artwork. Organizer and Organization warrants that all artwork provided for display
in Initial Point Gallery shall be, and is, original work conceived and created by members of
Organization.
B. Photographs of artwork. City may photograph the artwork, displayed in Initial Point Gallery,
as City may desire for purposes of advertising, marketing, and public information. Where
practicable and to the extent of City's authority, the artist shall be acknowledged on each such
photograph to be the creator of the original subject thereof, provided that photographic
reproductions of artwork shall not be identified as or represented to be the finished artwork.
C. Use of names. Organizer hereby conveys to City permission to use Organization's and its
members' names for purposes of advertising, marketing, and public information, without
violation of Organization's or its members' rights of privacy or any other rights Organization or
its members may possess under this Agreement, provided that City shall not use Organization's
logo(s), if any, for any purpose without the express, written permission of Organizer.
D. Use of City's name. City hereby conveys to Organization permission to use City's name for
purposes of advertising, marketing, and public information, without violation of City's rights of
privacy or any other rights City may possess under this Agreement, provided that neither
Organizer nor its members shall use City's logo for any purpose without the express, written
permission of the Mayor's Executive Assistant.
E. Removal of artwork by City. City shall have the right to remove artwork from public display
at any time and for any reason. Such removal may be temporary or permanent in nature.
Where such artwork, is or is intended to be removed from public display for longer than forty-
eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended
that Organization's artwork will be displayed in Initial Point Gallery for the period set forth
herein, this period may be shortened by City for any reason without notice.
F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator
the removal, replacement, and/or substitution of any and all artwork prior to such activity,
whether such activity is necessary due to the sale of a piece or for any other reason.
G. Simultaneous display. City may elect to display the work of more than one artist or
organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and
arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery
Curator.
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do,
indemnify, save, and hold harmless the City and any and all of its employees, agents,
volunteers, and/or elected officials from any and all losses, claims, and judgments for damages
or injury to persons or property, and from any and all losses and expenses caused or incurred by
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 3
Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents,
employees, guests, and/or business invitees.
B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and
recourse against City, including the right of contribution for loss and damage to persons or
property arising from, growing out of, or in any way connected with or incident to Organizer's
or Organization's performance of this Agreement, whether such loss or damage may be
attributable to known or unknown conditions, except for liability arising out of the tortious
conduct of City or its officers, agents or employees.
C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss,
theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken
by Organization or its members in the furtherance of the respective rights or obligations
described herein. Insurance of the artwork; of the Organization's or its members' persons,
property, or interests; and/or of the Organization's or its members' employees or agents shall be
the sole responsibility of Organization. Organization or its members shall obtain all necessary
insurance as may be required in order to protect those parties' insurable interests for their rights
and obligations described within this Agreement, including, but not limited to, liability
insurance, automobile insurance, worker's compensation insurance, and/or insurance of the
artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of,
and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to,
transported from, installed or hung in, and/or displayed in Initial Point Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Organizer, Organization, or its members have
failed to comply with any term or condition of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, falsified any record or document required to
be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct
in the performance of this Agreement; or if any Party willfully or negligently defaults in, or fails
to fulfill, its material obligations under this Agreement; the other Party shall have the right to
terminate the Agreement by giving written notice to the defaulting party of intent to terminate,
and shall specify the grounds for termination. The defaulting party shall have twenty-four (24)
hours after receipt of such notice to cure the default. If the default is not cured within such
period, this Agreement shall be terminated upon mailing of written notice of such termination
by the terminating party.
B. Termination without cause. City may immediately terminate this Agreement for any reason at
any time without prior notice to Organizer, Organization, or its members.
C. Termination due to death or incapacity. This Agreement shall automatically terminate upon
the death or incapacity of Organizer.
D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be
construed as a waiver of a breach of the same or any other provision hereof.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 4
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and
Organization's members are independent parties and not employees, agents, joint venturers, or
partners of City. Nothing in this Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between Organizer, Organization, or its
members and City or between Organizer, Organization, or its members and any official, agent,
or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor
Organization's members are employees of City. Organizer, Organization, and Organization's
members shall retain the right to perform services for others during the term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and
Organization's members shall comply with any and all applicable federal, state, and local laws.
C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement,
neither Organizer nor Organization shall discriminate against any person as to race, creed,
religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory
disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the Parties.
This Agreement supersedes any and all statements, promises, or inducements made by either
party, or agents of either party, whether oral or written, and whether previous to the execution
hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged,
modified or altered except upon written agreement signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of
Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction
to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected.
H. Successors and assigns. Organization shall not subcontract or assign any of Organization's
obligations under this Agreement that require or that may require their artistic talent or
expertise. Organization may subcontract or assign obligations that do not require artistic talent
or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal
representatives, heirs, executors, and administrators.
ACCEPTANCE AGREEMENT
INITIAL POINT GALLERY DISPLAY PAGE 5
I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated
in this Agreement, shall be in writing and shall be deemed communicated upon mailing by
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Or anizer:
Gallery Curator:
Ci
Naomi Elton
Dwight Williams
Emily Kane
Idaho Watercolor Society,
Southwest Region
Meridian Arts Commission
Deputy City Attorney
2906 W. Val Vista
33 E. Broadway Ave.
33 E. Broadway Ave.
Meridian ID 83642
Meridian, Idaho 83642
Meridian, Idaho 83642
208-855-0308
208 887-6473
208) 898-5506
eltoncnak@yahoo.com
dwi ht5332 com
ekane meridiani .or
Any party may change its respective address for the purpose of this paragraph by giving written
notice of such change in the manner herein provided.
J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein,
Organizer is duly authorized to act as the representative and agent of Organization and of each
and all of its members. Organizer further warrants that Organizer is authorized to bind
Organization and its members and principals to the obligations set forth herein, and to accept
the liabilities as established herein on behalf of Organization and its members and principals.
K. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this Agreement
by the persons referenced below prior to such ratification or approval shall not be construed as
proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ak day
of 6Lnya1_, 2014.
ORGANIZER:
C4,, � �
Naomi Elton
CITY OF
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ACCEPTANCE AGREEMENT
PAGE 6
INITIAL POINT GALLERY DISPLAY
Exhl"blot x
Meridian, Commission
Call for Artists: 2014INItIAL POINT GALLERY
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. Setectees must fill all or half of the gallery. Three-
dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork wilt be
displayed which: cannot be safety 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 wilt 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 Ft Acknowledgements form;
® Biography of the artist 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 artist'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;
o 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 Hatt.
RESOURCES PROVIDED UPON SELECTION:
The City of Meridian will provide selected artists/organizations with the following resources:
® Volunteers to assist artist/organization with installing and removing each piece of artwork;
® Track system for hanging 2D art and four enclosed pedestals for 3D art;
® Space for artist 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 e-mail: mac@meridiancity.org
Mvf IdICItICCliY1Ci11SSIC►11
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APPLICANT CONTACT INFORMATION
Check one: ❑ 1 am submitting this application as an individual. ����� 1,�%ate r�o� �Dc. V�,� ���
❑'I am submitting this application for this organization: Vy
❑ 1 am subm'tting this application for an informal group:
Applicant: c) vo. i_ Vq
Applicant E-mail: t ce_(g�(ry7
Mailing Address: CeZ-
Physical Address: Ga,mle-
Applicant Phone: Day: Evening: Cell:
APPLICATION OVERVIEW:
Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork.
ISI/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. W l ll t Ls C
❑ I/we propose to fill these diT''lay cases with 3D artwork: Cg (,11f' C9W V1 FCS V1 C' � � 50
❑ 24"Wx24"Dx42"H X24"Wx24"Dx36"H ❑ 24"Wx24"Dx30"H ❑ 24"Wx24"Dx24"H
Number of 2D pieces: f r -(Dm 6 i`1 to CtU Average size of 2D pieces:
Number of 3D pieces: Average size of 3D pieces;
APPLICATION MATERIALS: eAce �i o V) needed
❑ Completed, signed Application Et Acknowledgements Form. (Informal groups: each artist mu§t sign separate form.) I- 9
❑ Biography of artist or informational statement regarding organization, no longer than one 8%i x 11" page; jCiV3e-
❑ A letter of intent, describing: q fiC3QC-
a. Artist/Organization/Group's vision for and/or theme of the proposed display;
b. Number, dimensions, prices, and medium or media utilized in the works to be displayed;
c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or
d. Any atypical issues or challenges regarding hanging or display of the works proposed for display.
❑ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of
300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's
last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or
non-compliant CDs and/or images will not be considered. Images will not be accepted via a -mail.
❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable.
DISPLAY INFORMATION:
Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork
will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the
back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1/a") for insertion
of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the
distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires,
eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with
different dimensions (fig. 3), for displaying three-dimensional artwork.
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FIG. 2. BACK OF FRAME
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FIG. 3. 3D ART DISPLAY CASES
ACKNOWLEDGMENTS:
I, I dao M j E [-ft"! , hereby acknowledge the following stipulations and agree that if this proposal is
selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as
well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance
'All
between myself and the City of Meridian. I specifically acknowledge that:
'U(I ex A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance
INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the
particular works displayed.
�� I B.
If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will
INITIAL
exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but
cannot and will not assume liability for any loss or damage.
C.
Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the
I (TIAL
artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork
displayed in Initial Point Gallery.
D.
While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an
INITIAL
informational table, board, or handout as provided or allowed by the City of Meridian, no piece
displayed in Initial Point Gallery may have a visible price tag.
(C� E.
While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month
INITIAL
period, this period may be shortened by the City of Meridian for any reason, without notice to the
artist or organization.
F.
The City may display the work of more than one artist or organization in Initial Point Gallery at any
INITIAL
time, at the City's sole discretion.
'/r' G.
Artwork submitted for display in Initial Point Gallery must be original works conceived and created
I (TIAL
by the artist (or by artist members of the organization) submitting this application.
H.
IIAL
Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The
that
City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure
City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel
welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards
described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be
displayed in Initial Point Gallery.
I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and
conditions.
Print
Signature:
� , name:
Date:
To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required
materials and fee, via U.S. mail, to:
Meridian Arts Commission
Attn: Initial Point Gallery
33 East Broadway Avenue
Meridian ID 83642
Thank you for your interest!
Meridian Commission
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Membership Chairperson Sondra Anderson
Idaho Watercolor Society
6090 N. Royal Park Ave.
Boise, Idaho 53713
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