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R24-050 1 RESOLUTION NO. R24-050 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN THE MURAL ARTIST AGREEMENT 5 BETWEEN THE CITY OF BOYNTON BEACH AND EDUARDO 6 MENDIETA; AND PROVIDING AN EFFECTIVE DATE. 7 WHEREAS, the City issued a Call to Artists for artists to create a visual art mural for 8 Unity Project ("Artwork") at Sara Sims Park South Racquetball Wall, 209 NE 9th Ave., 9 Boynton Beach, FL 33435 (the"Project"); and 10 WHEREAS, Eduardo Mendieta ("Artist") responded to the Call to Artists and was 11 selected by the City's Art Advisory Board to create Artwork for the Project in conformance 12 with the Project criteria set forth in the Call to Artists; and 13 WHEREAS, the City and Artist desire to execute an agreement establishing the rights 14 and responsibilities of the parties with respect to the Artwork, including installation, 15 maintenance, and ownership 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff,deems it to be in the best interests of the City residents to approve and 18 authorize the City Manager to sign the Mural Artist Agreement between the City of Boynton 19 Beach and Eduardo Mendieta. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, does 25 hereby approve and authorize the City Manager to sign the Mural Artist Agreement between 26 the City of Boynton Beach and Eduardo Mendieta. A copy of the Agreement is attached hereto 27 and incorporated herein as Exhibit"A." 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-050 Agenda_Item_1320-2023_Mendieta_Mural_Agreement(1).Docx 30 PASSED AND ADOPTED this 5th day of March 2024. 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor-Ty Penserga 35 36 Vice Mayor-Thomas Turkin ✓ 37 38 Commissioner-Angela Cruz 39 40 Commissioner-Woodrow L. Hay ✓ 41 42 Commissioner-Aimee Kelley 43 44 VOTE 6 - 45 46 ATT T: 47 48 Ae &4iI �/ I 49 50 Maylee e sus, MPA, C r' ?I'serga- 51 City Cl- k /ayor 52 53 •,' 'ROVED AS TO FORM: 54 (Corporate Seal) 55 =0F BOYNTC 56 )4‘414 r6 57 i (V• SEAetc;\71. Shawna G. Lamb •58 ; ' pF •z NcoCity Attorney ORATED: • 4, •• 19?0 1, ,,‘" /('40RID\ S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-050 Agenda_Item_1320-2023_Mendieta_Mural_Agreement(1).Docx �• 4 • MURAL ARTIST AGREEMENT Contract No. This Agreement is made by and between the City of Boynton Beach, Florida, a Florida municipal corporation,with a physical address of 100 East Ocean Avenue,Boynton Beach,Florida 33435 and a mailing address of P.O. Box 310, Boynton Beach, Florida 33425 (the "City") and Eduardo Mendieta, with an address of 719 Hunter Street, West Palm Beach, FL 33405 (the "Artist"). WITNESSETH WHEREAS,the City issued a Call to Artists for artists to create a visual art mural for the Unity Project("Artwork")at Sara Sims Park South Racquetball Wall,209 NE 9th Ave., Boynton Beach,FL 33435 (the"Project"); and • WHEREAS, the Artist responded to the Call to Artists and was selected by the City's Art Advisory Board("AAB")to create Artwork for the Project in conformance with the Project criteria set forth in the Call to Artists; and WHEREAS,the City and Artist desire to execute an agreement establishing the rights and responsibilities of the parties with respect to the Artwork, including installation,maintenance,and ownership. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of as such covenants and conditions,the City and Artist do hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated into this Agreement as if fully set forth herein. 2. Representatives. a. The Artist's Representative for this Agreement shall be the Artist. b. The City's Representative and Project Manager shall be Kelly Armstead. Any work performed by the Artist without proper authorization from the City is performed at the Artist's risk and the City shall have no obligation to compensate the Artist for such work. 3. Scope of Services. 3.1 Services.The Artist shall perform or provide all services and furnish all supplies,materials and equipment necessary for the design, and installation of the Artwork approved by the Art Mendieta Mural Artist Agreement 2.26.24(SRW) 1 P a Advisory Board ("AAB") and the City Commission. Artist shall comply with the City's Mural Guidelines, AAB Guidelines, requirements of the Call to Artist, and any other applicable laws, codes, rules, regulations, or ordinances of any federal, state, county, municipal, or other governmental entity applicable to Artist's services.Upon completion of the Project,the Artist shall present the Artwork and all other required documentation, including the Final Release, to the City's Representative for approval and acceptance ("Final Acceptance"). The Artist's services shall not be considered complete until Final Acceptance by the City's Representative. 3.2 Permanent Nature and Right to Repair. The City and Artist recognize that the Artwork is intended to last approximately ten (10) years. Notwithstanding, Artist grants City the right, at City's sole discretion to make minor"touch up"repairs in any section of the Artwork that may be prematurely damaged, faded, or dissolved, without notice to Artist. The City agrees that it will provide the Artist with reasonable notice prior to painting or deaccessioning the Artwork.The City agrees that it will not damage or materially alter,modify,or change the Artwork without the prior written approval of the Artist.The City shall notify the Artist in writing of any proposed alteration before making any such alteration and give the Artist a reasonable time to submit a proposal to perform the work. If the Artist fails to respond, does not object, or if the cost of repair cannot be mutually agreed upon, the City shall make a reasonable effort to maintain the integrity of the Artwork. 3.3 Materials. The Artist shall determine the artistic expression, materials, texture, color, specific location, and method of fabrication of the Artwork,provided that the Artwork shall: a. Have an anticipated long-term life span and minimal maintenance requirements; b. Not conflict with any code or regulatory requirements for public buildings or land;and c. Meet all the elements listed in the criteria set forth in the Call to Artist. 3.4 Installation.The Artist shall contract with,hire or retain,all persons and services necessary to complete the installation of the Artwork. 3.5 Review of Design, Equipment, and Materials. The Artist shall prepare or cause to be prepared,all plans,specifications,drawings or other graphic materials as required and shall submit same to the City. The City will review and/or inspect the materials and equipment to ensure that the Artwork and installation will comply with the Florida Building Code,wind loading,foundation requirements, and electrical, lighting requirements, if any. 3.6 Permits. The Artist shall work with the Project Manger to research and obtain any necessary permits required by the City for the installation of the Artwork. 3.7 Project Updates. The Artist shall update the Project Manager every one (1) week through the preparation and installation phases of the Project via electronic email, as necessary to ensure proper and timely installation of the Artwork. 3.8 Site Inspections. Prior to the installation of the Artwork, the Artist shall meet with the City's Project Manager and shall visit and inspect the Project site. Artist shall assist City with identifying conditions that affect the following: Mendieta Mural Artist Agreement 2.26.24(SRW) 2 a. Transportation,access, disposal,handling and storage of materials; b. Equipment and facilities needed for the installation of the Artwork and lighting; and c. other matters which can in any way affect the performance or cost of this Agreement. At the inspection of the Project site,the Artist shall report to the City on issues concerning the condition of the sites which could affect the installation of the Artist.Following the inspection, the Artist shall promptly inform or confirm with the City's Project Manager, in writing, of any pertinent corrective/remedial work to be performed to the Project site. The failure of the Artist to identify any described condition shall not relieve the Artist of responsibility for properly estimating either the difficulties or costs of successfully and timely creating and installing the Artwork. 3.9 Safety Compliance. The Artist shall adhere to the safety requirements outlined in Occupation Safety and Health Administration (OSHA) https://www.osha.gov/while working on site. 3.10 Final Documents. Upon installation of the Artwork,the Artist shall deliver photographs of the completed Artwork, and any relevant literature on paint materials, names of products and manufacturers, names of paint colors, and other documents relevant to the Artwork to the City's Project Manager. Digital photographs shall be colored jpegs and include the name of the Artist, title of the Artwork,and location, medium,and dimension of the Artwork. 3.11 Special Events.The Artist may attend any"Ribbon Cutting"or"Grand Opening"events coordinated by the City. The City will provide the Artist with two(2)weeks advance notice of any such scheduled event. 3.12 Maintenance Plan. The Artist shall develop and deliver a maintenance plan manual to the City. 3.13 Signage. Artist shall design and install a plaque or informational sign that provides information related to the historical significance of the Artwork and goals of the project. All signage shall be approved by the City prior to installation. 4. Compensation. 4.1 Artist Fee. The City shall pay the Artist a fixed artist fee of Five Thousand Dollars ($5,000.00)and a stipend of One Thousand Dollars($1,000.00)for all materials,services,permits, travel,food,insurance,and other incidental expenses incurred by the Artist under this Agreement. 4.2 Reimbursable Expenses. In addition to the Artist Fee described in Section 4.1, City will reimburse Artist for the actual cost of UV and anti-graffiti protective sealant, up to an amount not to exceed Two Thousand Dollars ($2,000.00). Artist must submit invoices and proof of payment for any reimbursable expenses. 4.3 Payment.Upon final design approval from the City Commission,the Artist shall submit an invoice for Three Thousand Five-Hundred Dollars($3,500.00),which represents 50%of the Artist Fee and the stipend for supplies, plus any eligible Reimbursable Expenses incurred to date. The remaining Artist Fee totaling Two Thousand Five-Hundred Dollars($2,500.00),plus any eligible Mendieta Mural Artist Agreement 2.26.24(SRW) 3 Reimbursable Expenses will be paid upon completion of the Artwork and final approval and inspection from the Project Manager, which shall constitute full compensation for all services performed and materials furnished by Artist under this Agreement. Upon Project completion, Artist shall submit an invoice for all reimbursable expenses incurred,with appropriate backup.The City shall review all invoices for approval and shall pay all approved and proper invoices within 45 days, in accordance with the Section 218.70, Florida Statutes, Florida Local Government Prompt Payment Act. 5. Conduct of Work. 5.1 Time of Performance. Services by the Artist and the Artist's subcontractors in connection with the Artwork shall commence upon Artist's receipt of a fully-executed original of this Agreement. The Artwork/Project shall be completed by no later than April 26, 2024. Reasonable extensions may be granted by the City in the event that conditions beyond the Artist's control, or Acts of God, render compliance with the Schedule impossible. The City shall be the sole judge of what conditions are beyond the Artist's control. 5.2 Oversight. The Artist shall be at the Project site during installation of the Artwork to observe and coordinate installation in accordance with the Artist's design intent. 5.3 Inspection. The City shall have the right to review the progress of the Artwork during the installation thereof and to receive progress reports from the Artist. A final inspection by the City shall be made within 10 days of the completion of the Project.City shall provide Artist with written notice of acceptance or detailed reasons for non-acceptance. 5.4 Cooperation with Others. City and its contractors and subcontractors may be working at the Project site during the performance of this Agreement. Artist shall fully cooperate with the City and any such contractors to avoid any delay or hindrance of their work. 5.5 Delay Damages. In no event shall the City be liable to the Artist for delay damages. Apart from extension of time, no payment of claim for damages shall be made to the Artist as compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable. 5.6 Responsibility for Work Security. The Artist shall coordinate with the City to schedule the timing(s)of the installation.Further,the Artist shall conduct operations under this Agreement in a manner to avoid risk of loss, theft or damage by vandalism, sabotage or other means to the Artwork,while under Artist's control. 6. Warranties. 6.1 Warranty of Title.The Artist warrants that the Artwork in this Agreement shall be the result of the artistic effort of the Artist and that,unless otherwise stipulated,the Artwork shall be a unique editioniArone. 6.2 Risk of Loss. The Artist shall bear the full risk of loss of, or damage to, the Artwork until all services have been completed and the Artwork is accepted by the City. Mendieta Mural Artist Agreement 2.26.24(SRW) 4 7. Assignment and Subcontracting. A material element of this Agreement is the personal skill, judgment and creativity of the Artist. Therefore, the Artist shall not assign, transfer or subcontract the creative and/or artistic portions of the Artwork to another party without the express prior written approval of the City. 8. Rights Regarding Artll ork. 8.1 Copyright. It is understood and agreed that the Artist shall at all times retain ownership to all copyright. 8.2 Right of Ownership. Title to the completed physical Artwork shall vest in the City. Upon receipt of final payment, Artist shall transfer all rights of ownership in the Artwork to City. Artist specifically waives and releases all rights, including all rights of attribution, integrity,replication, distribution, or reproduction, which Artist may have in the Artwork as provided by 17 U.S.C. §§106A and 113(d). The Artist acknowledges and affirms that pursuant to 17 U.S.C. §106A(e), such waiver and release shall be effective as to any and all uses foreseeable and unforeseeable for which such Artwork might be subject. The Artist reserves all other copyrights under 17 U.S.C. §101, et seq. Artist waives and assigns to City all other rights in the Artwork. Artist represents to City that the Artist alone is possessed of the rights transferred or waived above and that Artist is lawfully entitled to transfer or waive all such rights. Upon Final Acceptance, the Artist shall grant to City a perpetual license to all copyrights and the rights to display photographs,representations and use of the graphic images of the Artwork for the benefit of City such as marketing or promotional materials. Advertising and promotional use shall be defined as the worldwide placement of the graphic image in advertisement/creative /design featuring the Artwork in any media, including,but not limited to,PowerPoint,billboards, print publications, websites, social media, marketing collaterals, and annual and interim reports. 8.3 Attribution. Notwithstanding the foregoing, the City agrees to attribute the Artwork to Artist in any materials published by or licensed by the City referencing said work, and at the installation site. All reproductions by the City shall contain a credit to the Artist as follows: Eduardo Mendieta, Unity Project Muralist, 2024. Similarly, Artist shall acknowledge City as follows: City of Boynton Beach Public Art Collection, in all of Artist's reproductions of images of the Artwork. 8.4 The Artist expressly waives Artist's Visual Artists Rights Act(VARA)rights as to removal or destruction of the Artwork. 8.5 During the performance of this Agreement and prior to the completion of the Project, the Artist specifically grants to the City the right to make presentations of the Artwork in progress and/or to photograph or otherwise reproduce faithful images of the Artwork in progress for presentational purposes. Presentation(s) of the Artwork in progress to City officials/employees and/or the public may be conducted by the City' 1presentative or his/her designee without specific approval of the Artist. 8.6 This section shall survive expiration or termination of this Agreement. Mendieta Mural Artist Agreement 2.26.24(SRW) 5 9. Insurance. 9.1 Artist shall obtain and keep in force at all times during the term of this Agreement,a policy or policies of public liability and property damage insurance, protecting the City, its commissioners, officers, employees, and agents against any and all liability due to death, injury, or damage to property arising out of, or any way incidental to the creation and installation of the Artwork. Artist agrees to provide the policy or policies in comprehensive form in an amount of not less than One Million Dollar ($1,000,000.00) combined single limit, per occurrence, bodily injury, including death and property damage with an aggregate limit of no less than Two Million Dollars ($2,000,000). The insurance policy shall also contain broad form contractual coverage applicable to this Agreement and shall specifically include the indemnification clause contained in this Agreement, with minimum limits not less than that required for bodily injury and property damage. 9.2 Additional Insured.Artist must provide that the"City of Boynton Beach, its commissioners, officers, employees, and agents" are listed as additional insureds on all required policies. A certificate of insurance evidencing compliance with the requirements of this section shall be submitted to City not less than five(5)calendar days prior to the commencement of Artist's work under this Agreement. 10. Term and Termination. 10.1 Length of Term and Commencement Date. This Agreement shall take effect upon execution by both parties ("Commencement Date") and remain in effect until such time that the Artwork is removed, unless terminated earlier, as provided herein. 10.2 Termination for Cause. This Agreement may be terminated by either party should the other party fail to perform its obligations and such failure continues for more than thirty(30)days after written notice from the other party specifying wherein the party has failed to perform. 10.3 Termination for Convenience. The City may terminate this agreement without cause upon ten (10)days written notice to Artist. 10.4 Procedure upon Termination. If this Agreement is terminated for cause by either party, the Artist shall be entitled to payment only for that portion of the Artwork that is completed at the time of notice of termination. The percentage of completion shall be determined by the City's Project Manager, in their sole discretion. Additionally, if this Agreement is terminated for cause by the City,payment to Artist shall be reduced by the amount equal to any additional costs incurred by the City as a result of the termination. If this Agreement is terminated for convenience by the City,the Artist shall be entitled to payment for that portion of the Artwork that is completed at the time of termination. 11. Miscellaneous 11.1 Publicity and News Releases. The Artist shall not, during the term of this Agreement, disseminate publicity or news releases or submit for awards regarding the Artwork without prior Mendieta Mural Artist Agreement 2.26.24(SRW) 6 written approval from the City's Public Affairs Director and Project Manager. In accordance with Section 8.3, all reproduction by the City shall contain a credit to the Artist. 11.2 Pledge of Credit. The Artist shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien or any form of indebtedness. The Artist further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 11.3 Federal and State Taxes. The Artist shall not be exempt from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the City, nor is the Artist authorized to use the City's Tax Exemption Number in securing such materials. The Artist shall be responsible for payment of all federal, state, and local taxes and fees incurred in connection with this Agreement. 11.4 Notices. All communications relating to the day-to-day activities shall be exchanged between the Artist and the City's Representative. Any notices, reports, or other written communications required of the Artist by this Agreement shall be considered delivered when posted to the City or delivered in person to the City Manager. Any notices, reports, or other communications required of the City by this Agreement shall be considered delivered three (3) days after the notice is posted or the day the notice is posted to the Artist at the last address left on file with the City, or delivered in person to Artist. Until changed by notice in writing, all notices required under the terms of this Agreement shall be sent to the following: To the Artist: Eduardo Mendieta 719 Hunter Street West Palm Beach, FL 33405 Email: emcfl73Agmail.com To the City: City of Boynton Beach Attn: City Manager P.O. Box 310 Boynton Beach, FL 33425 The Artist shall notify the City of changes of address,telephone or fax numbers and failure to do so,if such failure prevents the City from locating the Artist,shall be deemed a waiver by the Artist of those provisions of this Agreement that require the express approval of the Artist. 11.5 Severability. If any term of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 11.6 Indemnification. The Artist warrants that the design of the Artwork does not infringe upon any other person or entity's copyright or rights or artistic property, nor, to the Artist's knowledge, do they violate the rights or privacy of any person or entity. The Artist agrees to Mendieta Mural Artist Agreement 2.26.24(SRW) 7 indemnify the City against any final judgment for damages in any lawsuit, court settlement, or other agreed settlement with any other party based on actual breach of the Artist's warranties or representations in this section. The Artist hereby agrees to defend and indemnify the City, its officers, employees, and agents, and hold it harmless from and against all claims and damages arising out of any act,omission,or any wrongful or negligent act of the Artist,damage to property or the environment, or bodily injury arising out of or incident or in connection with the Artist's performance under this Agreement, to the extent caused by Artist's negligence, recklessness or intentional wrongful misconduct.This indemnification shall continue indefinitely,and survive the cancellation,termination,expiration, lapse,or suspension of this Agreement. 11.7 Governing Law; Venue; Litigation. This Agreement shall be construed and interpreted, and the rights of the parties determined,in accordance with Florida law.The Artist and City Submit to the jurisdiction of Florida courts and the federal courts located in Florida.The parties agree that proper venue for any suit concerning this Agreement shall be in exclusively in Palm Beach County, Florida, or the Federal Southern District of Florida. Artist agrees to waive all defenses to any suit filed in Florida based on improper venue or forum nonconveniens. To ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION,EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 11.8 Public Records. Artist shall comply with the applicable provisions of Chapter 119, Florida Statutes. Specifically,Contractor shall: a. Keep and maintain public records required by the City in order to perform the services; b. Upon request from the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Artist does not transfer the records to the City; and d. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Artist, or keep and maintain public records required by the City to perform the service. If the Artist transfers all public records to the City upon completion of the contract, the Artist shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Artist keeps and maintains public records upon completion of the contract, the Artist shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the City,upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. e. The failure of Artist to comply with the provisions set forth in the Agreement shall constitute a default and breach of the Agreement, for which, the City may terminate the Mendieta Mural Artist Agreement 2.26.24(SRW) 8 Agreement. Failure to comply with said statutory requirements may subject Artist to penalties under section 119.10, Florida Statutes, as amended. IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CITY CLERK,WHO IS THE CITY'S CUSTODIAN OF PUBLIC RECORDS,AT CITY CLERK,P.O.BOX 310, BOYNTON BEACH,FLORIDA,33425,561-742-6061,CITYCLERKna,BBFL.US. 11.9 No Solicitation. The Artist represents and certifies that Artist has not employed or retained any person employed by the City to solicit or secure this Agreement and has not offered to pay, paid or agreed to pay any person employed by the City, or City official, any fee, commission, percentage, brokerage fee or gift of any kind contingent upon or resulting from the award of this Agreement. 11.10 Public Entity Crimes Act.In accordance with Fla.Stat.Sec.287.134,Artist certifies that Artist, its affiliates, suppliers, subcontractors and contractors who will perform under this Agreement have not been placed on the Convicted Vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date of this Agreement and that execution of the Agreement will not violate the statute. Violation of this section may result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from City's competitive procurement activities. 11.11 Scrutinized Companies Lists. Pursuant to Fla. Stat. Sec. 287.135, Artist represents that Artist is not on the Scrutinized Companies that Boycott Israel List, maintained by the State of Florida, and is not engaged in a boycott of Israel. 11.12 Verification of Employment Eligibility. Artist represents that Artist and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095,Florida Statutes,and that entry into this Agreement will not violate that statute. If Artist violates this section, City may immediately terminate this Agreement for cause and Artist shall be liable for all costs incurred by City due to the termination. 11.13 Independent Contractor. The Artist is an independent contractor and nothing in this Agreement shall be construed to constitute the Artist as an employee, agent, or representative of the City. The Artist shall not be supervised by an employee or agent of the City. 11.14 Examination of Books and Records. The Artist and City shall maintain books and records as are necessary to account fully and completely for this Agreement. Such books and records shall be maintained for at least three (3) years following the end of the Agreement. The Artist and City shall have the right to examine said records for any purpose reasonably related to the Agreement. 11.15 Force Majeure. Due to the very nature of unforeseen and unavoidable fire, explosion, theft,lightning,windstorm,earthquake,floods,storms,riots,civil commotion,malicious mischief, Mendieta Mural Artist Agreement 2.26.24(SRW) 9 acts of God, or any unforeseeable event (a "Force Majeure Event") that are beyond the parties reasonable control,whether or not the same is herein specified,a party to this Agreement shall not be held responsible for or liable to the other for any unavoidable loss,damage or delay caused by same. Should a Force Majeure Event occur,the parties shall use their best efforts to overcome and mitigate any and all resulting losses, damages or delays and to resume as soon as reasonably possible the normal pursuit and schedule of the Services. 11.16 No Waiver of Sovereign Immunity. Nothing in the Agreement shall be construed to affect in any way the City's rights, privileges, and immunities, including the monetary limitations of liability,as set forth in section 768.28,Florida Statutes and nothing herein shall be construed as a waiver by the City of its sovereign immunity protections. 11.17 Entirety of Agreement. This Agreement and the Exhibits attached hereto, constitute all agreements, conditions, and understandings between the parties hereto concerning the subject matter of this Agreement. All representations,either oral or written, shall be deemed merged into this Agreement.No alteration,change,or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto. IN WITNESS WHEREOF,this Agreement has been fully executed on behalf of the parties hereto by its duly authorized representatives,as of the date last set forth below. ARTIST CITY OF BOYNTON BEACH By: _*( 2:6____ By: .41M10� aniel Dugger, II�anager Name: Eduardo Mendieta Date: 3/1 /24 Attest. A, I. iv City Cl;rk 0 F gOYNT�‘‘ o•��RPCRg � Date: ►"` Q(� r , `j , 2024. rF SEAT INC L '2i oRPpRATED: : CITY ATTORNEY'S OFFICE i • 1920 : �' Approve ff.'. • form and legality By: 4rp Mendieta Mural Artist Agreement 2.26.24(SRW) 10 qf ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYVY) kiii,.------ 03/07/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 'CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on :his certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laura Saldia B•Safe Insurance (9/cNo-EId� (561)471-0100 LINS�), (561)697-2966 4'72 A Okeechobee Blvd. E-MAIL Laurabsafeins@gmail.com INSURERj]AFFORDING COVERAGE NAIC N lAest Palm Beach FL 33417 INSURERA: Granada Insurance _ 16870 INSURED INSURER 8: EDUARDO MENDIETA,LLC INSURERC: _ 719 Hunter Street INSURER D: INSURER E: WEST PALM BEACH FL 33405- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WSn WVD POLICY NUMBER (MMIDDYYYI (MM/DO/YYYY)I /YLIMITS X(COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I DAMAGE TO RENTED , CLAIMS-MADE I X OCCUR PREMISESI {Ed occurrence) $ 100,000 .J MED EXP(Any one Demon) $ 5,000 A I Y N ; 0185FL00195498-0 03/04/2024 03/04/2025 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO• JEC7 LOC PRODUCTS-_COMP/OP AGG $ 2,000,000 OTHER � $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT r$ LEa accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per acddenl) - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION PER I 1 - AND EMPLOYERS'LIABILITY Y/N STATI fTE (OTHER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED') N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under --_- --- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DBCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) C ty of Boynton Beach,its commissioners,officers,employees,and agents" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach AUTHORIZED REPRESENTATIVE 100 E Ocean Ave BORIS JOFRE Boynton Beach FL 33435 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD