Agenda 02-14-19 Agenda for Art Commission Meeting
Thursday, February 14, 2019, 6:30 - 8:30 pm
at the Fire Station #2 Training Room
2615 West Woolbright Road, Boynton Beach, FL 33436
AGENDA:
I. CALL TO ORDER
II. ROLL CALL OF MEMBERS
III. AGENDA APPROVAL
IV. APPROVE MEETING MINUTES
A. December 13 minutes
B. January 10 minutes
V. INFORMATIONAL ITEMS FROM THE BOARD
VI. ANNOUNCEMENTS/REPORTS
A. NONE
VII. PROJECT UPDATES/APPROVALS
A. King's Learning Center Mural review
B. New Fire Station Local Emerging artists public art RFQ selection
VIII. INTL KINETIC ART EXHIBIT AND SYMPOSIUM REVIEW
A. Kinetic Art Event review
• Jan. 16-20 Kinetic Art booth at Art Palm Beach
• Opening Reception
• Outdoor, Indoor Art Experiences
• Attendance
• Volunteers
• Artists
• Artists Reception
• Event logistics
• Visitors Experience
IX. NEW BUSINESS
A. NONE
X. UNFINISHED BUSINESS
A. NONE
XI. FUTURE BUSINESS
• Old High School/Kapok Tree Courtyard and Gardens concept presentation
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARYAIDS AND SERVICES WHERE NECESSARYTO AFFORD AN INDIVIDUAL WITH A DISABILITY
AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,OR ACTIVITY CONDUCTED BY THE CITY
PLEASE CONTACT THE CITY CLERK'OFFICE, (561)742-6060 OR(TTY)1-800-955-8771,AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION RE-
GARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY
CLERK.
THE BOARD(COMMITTEE)MAY ONLY CONDUCT PUBLIC BUSINESS AFTER A QUORUM HAS BEEN ESTABLISHED. IF NO QUORUM IS ESTAB-
LISHED WITHIN TWENTY MINUTES OF THE NOTICED START TIME OF THE MEETING THE CITY CLERK OR HER DESIGNEE WILL SO NOTE THE FAIL-
URE TO ESTABLISH A QUORUM AND THE MEETING SHALL BE CONCLUDED. BOARD MEMBERS MAY NOT PARTICIPATE FURTHER EVEN WHEN PUR-
PORTEDLY ACTING IN AN INFORMAL CAPACITY.
Page 1 of 1
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The City of Boynton Beach,
CITY MANAGERS OFFICE
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Public Art Manages
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100 E. Boynton Beach Blvd. Permit#.� p
ai R t . Box 310 m
Boynton Beach, FL 3342 -
phone (561) 742-6026 tax (561) 742-6089
e mail oleo oba @bbfl u
www.BovntonBeachArts.org
PUblic Art Mural Form
Building Owner Name C W . Ua
Building owner's permission t have rural ire t ll d on pr p r y
bui irtg own r's igrt tur here)
(if building€wn r is not accessible to sign document, a separate document can be emailed and attached to applicabon)
Building location (physical address)
Business Name®
Business Address
Business Phone. t. d b it
u i Person _. t . tk
hrt _ Email
Mural project manager contact nam ��.
Phone_ LISA�,!A BS- _ Emailq� � � � rnou
Arai descriDtion fs ° relevance t the riot, business, c r r unit and Boynton Beach
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Mural concept image (attach concept sketch or image)
Mural l bo�onauildinr p ( i u l image of building or prope itis rural location sparked is
preferred
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Mural i i n; _ height ®length Width - a total square feet
Mural, materials p f paint or fila, protective uv coating or uv resistance. graffiti prevention, coating)
Murk Artist Mqmp
Address-ac-0 / am — , *
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TRU Designers INVOICE
INVOICE: M012819-KLC
206 Sparrow Drive#1 DATE: 01/28/2019
Royal Palm Beach, FL 33411
(561) 445-5985
TO: King's Learning Center FOR: Exterior Wall Mural
101 NE 5h Ave.
Boynton Beach, FL 33435
(561) 727-9934
ATTN; Octavia Bell
DESCRIPTION AMOUNT
..........
Custom Airbrush & General Painting
Exterior Wall Mural: (West Wall) $1,585.00
' Mural Size; Tx 101
**Price includes all material**
50 %payment due upon acceptance and remainder dUe UPOD
completion
TOTAL_ $1,585.00
Make all checks payable to TRU Designers
If you have any questions concerning this invoice, contact: (561)445-5985
trudesigners&gmail.com
Thank you for your business!
THE KING'S LEARNING CENTER 10288
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CALL TO ARTISTS - REQUEST FOR QUALIFICATIONS
Town Square Public Art Project for Fire Rescue
"A public art project for the new City of Boynton Beach Town Square Fire & Rescue Station facility
that reflects the department's beliefs: Preserve the Department's Culture and Pride while building
strong community relationships.
PROJECT BUDGET: $7,000.00 (artists fee)
Conceptual proposal - $500.00 each for two finalists
Proposed project budget material and installation cost - $10,000.00
PUBLISH CALL: Monday, November 27
DEADLINE: RFQ - Thursday,January10, 2019 at 3prn
Finalist's proposal - Thursday, March 14, 2019 6:30 - 8:30pm
Completion -January 2020
ELIGIBILITY: Emerging Local Public Artists Applicants
LOCATION: New facility will be located at 201 NE 1st St Boynton Beach, FL 33435.
OPPORTUNITY:
To create a unique public art project for the City of Boynton Beach's new Fire & Rescue facility locat-
ed in the renovated Town Square:
• Art that reflects the Fire Department's Culture and Pride while building strong community
relationships.
Artist will create high resolution artwork that will be reproduced on window film that the City will
have installed on the Fire Station lobby windows.
• Window location on new building are at the main lobby south facing entrance and east of main
lobby entrance.
Total window size is 12' w x 12'h with three 4" wide with mullions that divide the glass panels.
• Artist will be required to attend one to two sessions (dates to be determined) with Fire
Department staff to research the information that will contribute to the artist's artwork concepts.
• For the Thursday,January 10, 2019 RFQ deadline artists are to provide a written document that
describes the following:
Why do you think you are the artist for this project.
What would your approach be to fulfill the project goals?
What medium would you use to deliver the final artwork?
• All submissions will be reviewed by the Arts Commission and Fire Department selection
committee to select 2 artists from the 17 Emerging Local artists applicants to create an artwork
concept.
Each selected artist will receive $500 to create a rough proposal artwork concept.
• A finalist will be selected to further develop the artwork concept.
• The final artwork will be completed as a high resolution digital file for production on window
film and installed on the Fire Station lobby windows.
The final selected artist WILL NOT be responsible for the window film costs and installation.
The final selected artist WJU be guided to manage the process through to completion,
installation and celebration of the project.
Page 1 of 14
FIRE & RESCUE DEPARTMENT COMMUNITY OUTREACH
BBFR believes in the power of community engagement. The department participates in many com-
munity activities and charitable events throughout the year:
Community Engagement Examples
• Blood Pressure Screening at all five of our Fire Stations and at special events
• Smoke Detectors
• Child Safety Seat education and installation
• College Tuition Scholarship Fund offering 2 annual scholarships to deserving students in
the Benevolent Association's name.
• Annual Charity Golf Tournament - proceeds benefit the juvenile Diabetes Research Founda-
tion as well as our Scholarship Fund
• Annual Charity Restaurant Take Over - proceeds benefit the American Heart Association
• Fishing Tournament & Chili Competition - proceeds benefit the NFL Alumni "Caring for Kids"
• MDA "Fill the Boot" Campaign - proceeds benefit the Muscular Dystrophy Associatio
Public Education:
• Sparky the Fire Dog Program (in conjunction with the NFPA to educate kids in fire safety)
• Public education materials such as brochures and videos
• CPR Training
• Training courses and equipment not funded by the City of Boynton Beach
Awards
• The American Heart Association's "Heart Ready Award" named Boynton Beach the first ever "heart
ready" city in the southeastern region of the state. The "Heart Ready Awards" recognize
community partners who have provided leadership and commitment to saving lives through
continued and significant contributions to advancing the "Chain of Survival."
• Employs an enhanced 9-1-1 emergency medical dispatch system designed to lower "time to
defibrillation." All Fire Rescue staff personnel carry an AED (Automated External Defibrillator),
plus, through the department's CPR and AED training/tracking programs, additional AED's have
been placed throughout the city.
• Residential Fire Safety Institute Boynton Fire Rescue qualified for this award because it recorded
zero fire deaths in structures 6 of the last 7 years.
FIRE & RESCUE DEPARTMENT LEADERSHIP & INNOVATION
Boynton Beach is a vibrant, diverse, and progressive city with the usual challenges of a growing
community and has identified its primary short and long-range initiative. BBFR has the ability to
respond to all types of emergencies, even those that are considered to be out of the ordinary. "Out
of the ordinary" refers to calls that require specialized equipment and training. Included in this
category are Elevated Rescue, Confined Space Rescue, Trench Rescue, Heavy Extrication and Building
Collapse. Collectively, this is called Technical Rescue and BBFR has a Technical Rescue Team of 21
Page 2 of 14
personnel that is capable of responding to these types of emergency calls. The department has a
special heavy rescue vehicle that carries the various tools/equipment necessary to use with these
types of responses. In addition to the above, the department can also respond to radiation
emergencies and we have recently upgraded our equipment in this area to meet the growing threat
of domestic and foreign terrorism. At this time, the BBFR Technical Rescue Team is undergoing
additional training in order to be able to respond as an Urban Search and Rescue Team. This is an
initiative put together by our government to also aid in the effective response to terrorism.
* In addition to the Special Operations Team BBFR has a Dive Rescue Team. This 13 member team
was established in October of 2003 after realizing the amount of water related emergencies to
which our department was responding.
* 2011 - Introduced Minimally Interrupted Compression Resuscitation (MICR) & the Lucas 2
Automated Compression Device by Physio-Control. Also, we introduced the medication Ketamine
into our violent patient protocol
BACKGROUND:
This public art opportunity is in concert with the the City of Boynton Beach's Town Square
redevelopment plan.
The City's Public Art Manager will monitor the public art project, assist with the Arts Commission's
concept/artist approval process, timeline, budget allocation, final inspection and Arts Commission
project completion approval.
The new Boynton Beach Fire & Rescue Department Facility, one of S total. The new Boynton Beach
Fire Station No. I is designed to serve the growing community of Boynton Beach and meet the
changing guidelines and standards for fire fighter response and safety concerns. Located at the
intersection of Northeast First Ave. and Northeast First Street, Station No. 1 is part of the downtown
re-development plan. Conceptually, the building, along with the addition of the DES (District Energy
Services) program, serves as a catalyst to invigorate new energy and public safety through the image
of the Boynton Beach re-development plan while contributing to the urban fabric of its downtown
location.
PROJECT FACTS:
1. Diagrammatically, the 14,000 square foot "L" shaped station is a two story complex, with appa-
ratus bays and support along the north, station living quarters along the south west and the
6,200 sf attached District Energy Services along the south east..
2. A colonnade with windows along the pedestrian walk on NE 1st Ave greets the public and leads
to the main entrance at the southwest corner. Airlocks and a "walk through" decontamination
room allow for the separation of contaminants and clean living areas where the 2-story building
meets the 1-story apparatus bays.
3. The living quarters, kitchen, dining and day room are all located on the second level. Windows
running along the south exterior wall bring light into the space and help define the colonnade
from the exterior.
4. A second-floor balcony allows firefighters to have a space to relax in an outdoor environment.
Page 3 of 14
CITY FACTS
1. The City's vision is to be a welcoming and progressive coastal community that celebrates
culture, innovation, and business development.
2. Boynton Beach, Florida, is a dynamic, culturally diverse coastal community covering 16.5 square
miles in the center of Palm Beach County.
3. The City is home to 73,992 and is a part of the Miami-Dade, Broward, and Palm Beach
metropolitan area, which has a total population of 6 million.
4. The City is has convenient connectivity to 3 major international airports and seaports.
5. The City has 29 public parks encompassing 180 acres of green space.
6. The median household income is $47,943. The median home price is $235,000.
RESEARCH INFORMATION:
City of Boynton Beach www.boynton-beach.oW
Boynton Beach FR https://www.bbfrd.oxgj-
ARTIST SELECTION SCHEDULE
Publish Call Monday, November 27
RFQ deadline Thursday,January10, 2019 at 3pm
Selection panel Thursday, February 14, 2019 6:30-8:30pm
Selection notification Monday, February 18, 2019
Finalists sessions Tuesday, February 19 - Thursday, February 28, 2019
Finalists proposal presentations Thursday, March 14, 2019 6:30 - 8:30prn
and Arts Commission approval
Finalists selection notification Monday, March 18, 2019
Artists agreement Friday, April 5, 2019
Project begins Monday, April 15, 2019
Installation Date TBD
Completion January 29, 2020
Celebration Date TBD
* Schedule subject to change.
ARTIST SELECTION PROCESS
A special selection panel/Arts Commission will review artists who bring high level of conceptual ability
to reach the best and most creative solutions to the project.
The artists will be selected through a Request for Qualification call to artists process. The selection
panel/Arts Commission will be comprised of twelve members with backgrounds in public art, fire and
rescue staff, fire and rescue facility planning and construction.
Based on the criteria listed below the panel will select two artists to create concepts for the project.
The panel reserved the right to make no selection from the submitted applications or final interviews.
Once artist is selected an artist agreement is signed with the City of Boynton Beach the project can com-
mence. (see sample attached) The artist and public art concepts will be reviewed by the Arts Commission for
approval. Project will be coordinate with the City Public Art Manager and Town Square planning and construc-
tion team.
Page 4 of 14
SELECTION CRITERIA
Artistic Excellence and strong conceptual skills: It is important that the artist is able to create a well-
constructed concept that meets the projects goals.
Strong verbal, written and graphic communication skills: Good people and communication skills are
required to be able to translate the projects purpose, stakeholder communication and artistic concept to a
sound and workable project plan.
Previous experience: The artist should demonstrate experience with working with a team of professionals
and show strengths in the ability to complete the project on time.
SUBMIT QUALIFICATION INFORMATION BY THURSDAY, JANUARY 10, 2019 3 P.M.T TO:
Debby Coles-Dobay, Public Art Manager
City of Boynton each Public Art
3301 Quantum Blvd., Suite 101, Boynton each, FL 33426
(561) 742-6026 colesdobayd@bbfl.us
Page 5 of 14
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Page 6 of 14
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ARTIST AGREEMENT
THIS AGREEMENT, dated the day of 2018, is by and between:
City of Boynton Beach, a municipal corporation, organized and operating pursuant to the laws of
the State of Florida, with a business address of 3301 Quantum Blvd., Suite 101, Boynton Beach FL
33426,hereinafter referred to as"CITY",
and
with an address of
in hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as
the "Parties."
WITNESSETH:
In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth,
"CITY" and ARTIST as follows:
WHEREAS, public art is a work of art, generally created by a public ARTIST exhibiting the highest quality of
skill and aesthetic principals and includes all forms of the visual arts conceived in any medium, material or combination
hereof, including but not limited to paintings, sculptures, stained glass, mosaics,murals, and ARTIST designed functional,
architectural, landscaped,and landform elements as described in the Public Art Ordinance 07-002; and
WHEREAS, "CITY" desires to obtain professional services from ARTIST for the creation of public artwork;
and
WHEREAS, ARTIST possesses the specific skills, talent, expertise, experience and knowledge to provide
"CITY" with the artwork in a professional and artistic manner; and
WHEREAS, ARTIST has stated an interest in working on the creation of public artwork for the PUBLIC ART
PROJECT; and
WHEREAS, "CITY" desires to commission the ARTIST to create public artwork for initial display at the PUBLIC
ART PROJECT,LOCATION,Boynton Beach,Florida(the"Site")on the terms and conditions set forth in this agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and
other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the
Parties hereto as follows:
ARTICLE
1.1. RECITALS: Each"whereas"clause set forth above is true and correct and herein incorporated by this reference.
ARTICLE
SERVICES AND RESPONSIBILITIES
2.1. ARTIST hereby agrees to create the public artwork described in proposal attached hereto as Exhibit A(the"Public
Art Project"), or other services which may otherwise be required, as further enumerated in the Scope of Services set forth
in Article 3 herein below.
2.2. The public artwork shall be installed by the "CITY" in the location at the site as designated by the approved pub-
lic art project proposal.
Page 8 of 14
2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this
agreement.
2.4. ARTIST hereby represents to "CITY", with full knowledge that "CITY" is relying upon these representations
when entering into this agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and man-
power to perform the services to be provided by ARTIST pursuant to the terms of this agreement.
2.5. ARTIST represents and warrants that all work performed pursuant to this agreement, including but not limited to
the public artwork, is an original creation and does not infringe upon or violate any copyrights or other rights of any per-
son, firm or organization. ARTIST does hereby indemnify and hold"CITY"harmless from and against any and all claims
and liabilities that may arise as a result of any breach of the foregoing representation and warranty.
2.6. "CITY"recognizes that authors of visual art have certain rights pursuant to the Federal Visual ARTIST Rights Act
of 1990,known as"VARA". "CITY"will not intentionally distort,mutilate and/or modify the public artwork in a manner
that would be prejudicial to ARTIST's honor or reputation.
2.7. "CITY"is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the public artwork, in
any non-commercial,non-profit manner"CITY"sees fit. Incidental appearance of the public artwork in photographs or in
depictions of the store front where the public art is located shall not violate the prohibition set forth in this paragraph.
2.8. "CITY" agrees to give the ARTIST full acknowledgement and credit as the creator of the public artwork, with the
placement of a plaque or similar object on and/or near the public artwork.
2.9. The value of the public artwork is established when the price of the art is commissioned.
2.10. "CITY" agrees to provide the ARTIST reasonable access to the site to prepare the public artwork for managing
the installation. ARTIST may not obstruct access to the entrance to the project and ARTIST shall be responsible for
securing the installation site to protect the public from any hazards that may arise during preparation of the site or
installation of the public artwork.
2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the
ARTIST in performing services under this agreement without the prior written approval of"CITY" .
ARTICLE 3
SCOPE OF SERVICES
ARTIST shall perform the following services in accordance with this Agreement with"CITY"as follows:
3.1. All work performed under this Agreement shall be done in a professional manner.
3.2. The public artwork shall be produced to "CITY"'s satisfaction and in conformity with the appropriate moral and
ethical standards for the community in which the Site is located. The quality of the completed public art is a matter of
prime importance and shall meet all applicable industry standards. "CITY" shall have the right to approve and/or reject
the public artwork or any portion thereof. The display, of the public artwork shall be subject to the sole discretion of
"CITY".
3.3 The ARTIST shall perform and provide services as set forth in the Proposal for PUBLIC ART PROJECT dated
, a copy of which is attached hereto as Exhibit"A".
3.4 ARTIST is required to coordinate with project management team to prepare, install and complete the public art
project. "CITY" is not responsible for negotiating, coordinating or managing the public art project timeline. Public Art
Manager will monitor the project and from time to time document the public art projects process. The Project is estimate
to begin with an estimated completion date of
Page 9of14
ARTICLE
TERM AND TERMINATION
4.1, This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of
the ARTIST's work and services described in Articles 2 and 3 hereof.
4.2. All documents, plans, work products, materials, equipment and tools belonging to "CITY" will be furnished to
"CITY" upon completion and/or termination of the agreement,whichever occurs first.
4.3 "CITY"'s rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the public artwork
for non-commercial non-profit purposes or if for commercial purposes if incidental to photographs or renderings of the
site shall survive the termination of this agreement.
COMPENSATIONARTICLE 5
5.1. "CITY" shall provide compensation and/or payments to the ARTIST as set forth in the Proposal for the PUBLIC
ART PROJECT dated a copy of which is attached hereto as Exhibit"A".
5.2 Title to the public artwork passes to "CITY" of Boynton Beach upon payment of the compensation.
ARTICLE 6
CHANGES TO SCOPEAND ADDITIONAL
6. "CITY" or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Ser-
vices to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions
of the Code of Ordinances of Boynton Beach and must be contained in a written amendment, executed by the Parties here-
to, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agree-
ment, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any additional
work or change from attached Exhibit A which has not been described in a separate written Agreement executed by the
Parties hereto.
ARTICLE 7
MISCELLANEOUS
7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability
insurance shall be maintained by ARTIST during the life of this Agreement to comply with statutory limits for all employees,
and in the case any work is sublet,the ARTIST shall require the sub-contractors similarly to provide Worker's Compensation
Insurance at the same levels required by the ARTIST for all the subcontractor's employees unless such employees are
covered by the protection afforded by the ARTIST.
A. ARTIST shall secure and maintain in force, throughout the duration of this Agreement, comprehensive general and
automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $2,000,000 aggregate for
personal injury; $1,000,000 per occurrence, $2,000,000 aggregate for property damage; and, professional liability
insurance in the amount of$1,000,000(all professional contract services).
B. The general liability and vehicular liability policies shall name "CITY" and "CITY" of Boynton Beach as an
additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days
prior written notice to"CITY" .
C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance in
amounts not less than the statutory limits.
D. ARTIST shall furnish "CITY" with a certificate of insurance evidencing all required insurance coverage prior to the
start of any work for"CITY". Said insurance companies must be authorized to do business in the State of Florida and
"CITY"will not accept any company that has a rating less than B+in accordance with A.M.Best's Key Rating Guide,
latest edition.
Page 10 of 14
E. If ARTIST claims to be exempt from this requirement,ARTIST shall provide "CITY" proof of such exemption along
with a written request for "CITY" to exempt ARTIST, written on ARTIST's letterhead which exemption shall not be ef-
fective until signed by"CITY".
7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not"CITY"
is employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage
and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act,
the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment
Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying
out ARTIST' activities and responsibilities hereunder provided, further that administrative procedures applicable to
services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with
"CITY", State, or United States policies, rules or regulations relating to the use of ARTIST'S funds provided for herein.
The ARTIST agrees that it is a separate and independent enterprise from "CITY", that it had full opportunity to find other
business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to
perform the work. This Agreement shall not be construed as creating any joint employment relationship between the
ARTIST and "CITY" and "CITY" will not be liable for any obligation incurred by ARTIST, including but not limited to
unpaid minimum wages and/or overtime premiums.
7.3. Assignments.
7.3.1. This Agreement or any interest herein, shall not be assigned, transferred or otherwise encumbered, under
any circumstances, by ARTIST without the prior written consent of"CITY". However, this Agreement shall run
to"CITY" and its successors and assigns.
7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed
to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of this provision, "CITY" shall have the right to terminate this Agreement
without liability at its discretion, to deduct from the contract price, or otherwise recover from ARTIST the full amount of
such fee, commission,percentage,gift or consideration.
7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by
certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remain-
ing party, at the places last specified in writing, and that places for giving of notice shall remain such until they shall have
been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and
"CITY" designate the following as the respective places for giving of notice:
Page 11 of 14
City of Boynton Beach: Lori LaVerriere, City Manager
City of Boynton Beach
3301 Quantum Blvd., Suite 41,
Boynton Beach, FL 33426
561-742-6000
Copy To: Debby Coles-Dobay
Public Art Manager
City of Boynton Beach
100 E.Boynton Beach Blvd.
Boynton Beach,FL 33425
(561) 742 6026
(562) 742 6089
ARTIST:
Telephone No.
Website Social Media
7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or
she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind
and obligate such party with respect to all provisions contained in this Agreement.
7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law.
7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm
Beach County, Florida.
7.10. Attorney's Fees.In the event that either party brings suit for enforcement of this Agreement, each party shall bear
its own attorney's fees and costs.
7.11. Extent of Agreement. This Agreement represents the entire and integrated Agreement between "CITY" and the
ARTIST and supersedes all prior negotiations, representations or Agreements, either written or oral.
7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate
against any firm, employee or applicant for employment or any other firm or individual in providing services because of
sex, age, race,color, religion, ancestry or national origin.
7.13. Waiver.Any failure by either party to require strict compliance with any provision of this contract shall not be
construed as a waiver of such provision, and the waiving party may subsequently require strict compliance at any time,
notwithstanding any prior failure to do so.
7.14. Counterparts.This Agreement may be executed in multiple counterparts, each of which shall be deemed an orig-
inal, and all of which together shall constitute one and the same instrument.
Page 12 of 14
7.15 Usage Rights After final acceptance of the artwork by "CITY", the following ARTIST'rights shall be guar-
anteed:
Maintenance of public artworks shall be the responsibility of "CITY" or developer or property
association and not the ARTIST. The responsible party shall make reasonable efforts to maintain the
artwork in good repair. The responsible party shall attempt to consult the ARTIST and collaborator
on major repairs.
The artwork shall not be altered, modified, removed or relocated from a site integral to the concept
for the work without first consulting with the ARTIST and collaborator, if reasonably possible. If a
work, nevertheless, has been significantly altered, the ARTIST and collaborator shall have the right
to disclaim authorship.
Copyright of the artwork shall belong to the creator(s), but "CITY" or developer or property
association shall be granted the right to make two-dimensional reproductions for non-commercial
purposes.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under
each signature.
ATTEST: CITY OF Boynton Beach, FLORIDA
Lori LaVerriere, City Manager
Judith Pyle, City Clerk
APPROVED AS TO FORM:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me, the undersigned notary public in and for the State of
Florida, on this the day of 5 2018, by and
City Clerk and City Manager,respectively.
Notary Public, State of Florida
Notary Public
Seal of Office
Printed,Typed or Stamped Name of
Notary Public Exactly as Commissioned
Individuals Who Signed Are:
Personally Known,No Identification Produced
REMAINDER OF THIS PAGE LEFT BLANK.
ARTIST SIGNATURE PAGE FOLLOWS.
Page 13 of 14
(ARTIST FILLA )
ARTIST
Name
Co pang
Address
Studio
Cell
Email
Web site
Social Media
Signature
Country
State of
County
The foregoing instrument was acknowledged before me, the undersigned notary public in and for the Country or
State of , on this the day of , 2018, by
Individual who signed Is:
_Personally Known,No ID Produced OR
Identification Produced
Notary Public (Signature)
Country or State of
Notary Public
Seal of Office
Printed, Typed or Stamped Name of
Notary Public Exactly as Commissioned
Page 14 of 14
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KINETIC ART EVENT SURVEY
Thank you all for your participation and commitment to the 2019international Kinetic Art
Exhibit . In efforts to evaluation the event, please take a moment to respond
to the survey below. First, please review the brief about the promotion,advertising and
marketing for the event. A detailed report will be forthcoming.
admedWhim
October- February in Art Hivell s distribution Art Basel and Art Palm
pad casts;Art&Culture (1/4 page); Boca 11fe/Pairn Beach/Juplter 2/3 B Boynton
Gazette (full page) Culture listings, l banners; Palm
Beach Post digital; Palm Beach Illustrated (1/2 page);International Sculpture Center
Conference r r i , Ricki Report digital
--
95 digital billboard, street banners and signs throughout the City with
concentration in Downtown B distributedcolor Save-the-Date cards; and
distributed 7500,4 color printed programs.
October® continuing i stories);Art Palm Beach; Boca
Palm Beach Post(several) plus digital;Sun Sentinel (several) plus digital;Art&Culture;
National PR Newswire; Broadway World; interviews); Around
Program; PBS-Special tourism b-avel teature;WFEZ Easy 93.1; 1 Heart Radio Palm Beach
Perspective.
Art in is Places, City and RecreationTwitter accounts and the , City
Instagram. Reposted and retweeted by Arts Commission board, artists,volunteers,Art&
Culture r i , public and the press.
November® Contin uing at Art Palm16-20, throught st (international
programsartwork tour APP on Google Play and Apple Store);Augmented Reality, (artists customized
it APP on Google Play and Apple Store); Iii iCulinary
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room to krrAme. A4avbe have a set ernall request that we as board members can to arlisis e t
we Ike- Pirderest,kmfagram.T ® eta to find contact ko,and forward
yoLn request to them.
kr regards to e®How was it&cleternarledformat Ike we had TW Next event needs tri
aham� a controlledentrance far counftl. Appenwerices were a ba more,but uncinie to accurately determloe
!i Uwe dxxAd have been some type of foodf water idea to
r the attendees,not W
crealiveCofe/Secret Gordon.but too far from event, Maybe have a volunteer tent wiha
id
c3 thmight. Re-- VIP check` e. have 1 L4 t t- 13
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kinelic artists. OrPut on*neA to aftists an Fst that get tote
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