Agenda 08-08-19 Agenda for Art Commission Meeting
Thursday, August 8, 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. July 11, 2019
V. INFORMATIONAL ITEMS FROM THE BOARD
VI. ANNOUNCEMENTS/REPORTS
A. July 12, 9:30 - 11 am, Water, You & I Art Camp tour
B. Tues., July 23 and 30, 10 - 11 :30am Kapok Park community sessions
C. August 13, 7pm movie screening of "The Peanut Butter Falcon", Cinemark Boynton
VII. PROJECT UPDATES/APPROVALS
A. Art in Public Places web site update w/Town Square
VIII. INTL KINETIC ART EXHIBIT AND SYMPOSIUM REVIEW
A. NONE
IX. NEW BUSINESS
A. AiPP booth and Board attend Sept. 21, 6-9pm BBAD Summer Bash
B. Board Chair, Courtlandt McGuire participate in City Hall/Library lobby art selection panel
C. Artwork in repair
• Opus Seaturtle
• Neighborhood Vibes Mural MLK Blvd in Sarah Sims Park
• Oyer Park Murals - Gulfstream and Ode to Boynton
D. Sarah Sims Park
• Relocate Butterfly Mandela from Heritage Park
• Relocate Mangrove Canopy to Amphitheater
X. UNFINISHED BUSINESS
A. Avenue of the Arts
• Oct. 10 & 11 install dates
• Nov. 15 opening reception date
XI. FUTURE BUSINESS
• Discussion of Boynton Beach galley tour and/or map.
• Sept. 12 - Kapok Park pathways inscription
• Oct. 10 - City hall Lobby Art 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
I. NEW BUSINESS
A.
B. Board Chair, Courtlandt McGuire participate in City Hall/Library lobby art
selection panel (see attached call to artists)
C. Artwork in repair
• Opus Seaturtle at Varga Studio Micheal Varga with Rick Beau Lieu
Prep work on Sea Turtle (includes body work and mold sealant): $500.00
Rubber mold processing/plaster mold shell and material cost: $4,400.00
Athena stone casting (Stone mixture) and finishing (includes stone
coloring):$3,000.00
Total Cost: $7,900.00
(Approximate time upon completion between 4 - 6 weeks
• Neighborhood Vibes Mural MLK Blvd in Sarah Sims Park $3,570
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Oyer Park Murals
• Gulfstream $820
• Ode to Boynton $1,310
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• Relocate Butterfly Mandela from Heritage Park
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City of Boynton Beach
Community Redevelopment Agency
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Art in Public Places
Mangrove a .[lvy
George Gadson & Beth. Ravitz
Fort Lauderdale
2011
Mangroves are one of Florida's true natives and thrive in the salty
environment of the state's numerous waterways. Underlying routs
of these tropical plants are depicted here,made from powder coated
steel and aluminum,with the colorful "mangrove canopy"backdrop
designed using hand-cut, stained Mass and glazed porcelain.This
distinctive public art feature adds to the dramatic element of the
Ocean Avenue Amphitheater.
Enriching our Community through Public Art
www.boyntonbeacharts.org
II. UNFINISHED BUSINESS
A. Avenue of the Arts (see following page for map with art sites)
• Oct. 10 & 11 install dates
• Nov. 15 opening reception date
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CALL TO EMERGING ARTISTS - REQUEST FOR QUALIFICATIONS
Town Square Public Art Project for City Hall/Library lobby
Two large modern styled artworks commissioned to depict the following subjects:
1 . One artwork that reflects the sub-tropic location of Boynton Beach.
2. One artwork that reflects the City's diversity.
PROJECT BUDGET: $3,000.00 (artist fee for each artwork commission) (2 artworks
totaling $6,000)
Conceptual proposal - $500.00 each finalists
Proposed project budget material, shipment and installation cost- $2,500.00
PUBLISH CALL: Wednesday, July 24, 2019
DEADLINE:
RFQ - Wednesday, August 7, 2019, at 12 noon
Artists shortlisted's proposals - Thursday, September 5, 2019, 4 pm
Each artist award commission noticed - September 19, 2019
Completion - February 2020
ELIGIBILITY: Emerging Local Public Artists Applicants only
LOCATION: City Hall/Library building will be located at 100 E. Ocean Ave., Boynton
Beach, FL 33425.
OPPORTUNITY:
To create a public artwork for the City of Boynton Beach's new City Hall/Library
building lobby walls located in the new Town Square project:
• Artist will submit past artworks that best demonstrate artistic style and
technique to meet the following of one or both artwork criteria:
1 . One artwork that reflects the sub-tropic location of Boynton Beach.
2. One artwork that reflects the City's diversity.
Artworks should NOT be realistic with recognizable images but rather a
suggestive modern depiction that depicts and emulates the above criteria.
For instance for the Boynton sub-tropic location depiction no distinguishable
fish, sunsets, ocean scenes, recognizable area landscapes BUT rather the
feeling of those elements depicted in textures, colors, shapes, etc.
SUBMISSION SCHEDULE AND DESCRIPTION
• This opportunity is offered to the artists that have applied to the Emerging Local
Artists Public Art program only.
• For the Wednesday, August 7, 2019, at 12-noon deadline artists are to email ONE
PDF digital document (no larger than a 2 mg file) for each opportunity that contains
the following information:
I . Identify which opportunity the submission is for, label each PDF as either
SUB-TROPIC or DIVERSITY.
2. Artists can submit to BOTH or just ONE opportunity. But a proposal with the
specific information is required for each opportunity that you are applying
for.
3. The first page of 7 total digital page proposal document, list proposal
opportunity topic, artists name, artists contact info (address, phone(s),
email, website, and social media links) plus 2-3 sentences as to why you
have interest in this opportunity.
4. Up to 3 past full-color artwork images (or black & white if that's your style).
Each artwork images to fill an 8" x 1 1 " size page.
5. Each full-page artwork image to follow with one page that details the
following information:
a) Title of artwork
b) Brief description of artwork meaning
c) Artwork dimensions
d) Artwork materials
e) Brief description of artwork style and technique
f) Artwork value (price point
6. Email proposal OR deliver a jump drive or CD to the contact provided
below.
IF PROPOSAL IS NOT IN THE CORRECT DIGITAL FILE AS DESCRIBED ABOVE IT WILL NOT
BE ACCEPTED.
By Thursday, September 5, 2019, 4 pm
Once artists are shortlisted, each artist will receive a $500 stipend to create an 8'' x
12'' full-color concept. The concept should be a draft depiction of the 8' x 12'
artwork that will be commissioned. The concept should include a description of art
the artists' style, artwork technique, and artwork meaning.
By Thursday, September 19, 2019
• Once the artist(s) is selected for the two artwork commissions, an
artist agreement is required to be signed by the City.
2 total artworks will be created on an 8' x 12' x 2"d gallery wrapped 12oz
tripled primed canvas purchased by the City and delivered to the artists' studio.
Artwork will be installed in the main lobby above each staircase on North and
South elevator walls with primary visibility.
The final selected artist(s) WILL NOT be responsible for the canvas material
cost. The canvas will be delivered to the artist's studio, and upon completion,
the artwork will be delivered to City Hall for installation. These costs will be
funded by the City of Boynton Beach.
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 77,702 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 has convenient connectivity to 3 major international airports and
seaports.
5. From Maine where 1-95 begins to South Miami where it ends, Boynton Beach is
the closet point to the beach. Boynton Beach is also the closest direct access
to the Gulfstream waterway in all of North America (at Oceanfront Park) and
is where the City's tagline, "America's Gateway to the Gulfstream" comes
from.
6. The City has 29 public parks encompassing 180 acres of green space.
7. The median household income is $47,943. The median home price is $235,000.
City of Boynton Beach www.boynton-beach.org
ARTIST SELECTION SCHEDULE
Publish Call Wednesday, July 24, 2019
RFQ deadline Wednesday, August 7, 2019, at 12 noon
Selection panel Monday, August 12 - 21 , 2019
Selection notification Thursday, August 22, 2019
Finalists proposal deadline Tuesday, September 10, 2019, 4 pm
Finalists selection notification Thursday, September 19, 2019
Artists agreement Thursday, September 25, 2019
Project begins Friday, October 3, 2019,
Completion February 27, 2020
Installation March/April TBD
Celebration Date TBD
*Schedule subject to change.
ARTIST SELECTION PROCESS
• A special selection panel will review artists who bring a 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 will be comprised of members with various
backgrounds in public art, City/Library staff, planning, and construction.
• Based on the criteria listed below the panel will select artists to create concepts
for the project. The panel reserved the right to make no selection from the
submitted applications.
• Once an artist(s) is selected, an artist agreement is signed with the City of
Boynton Beach, then the project can commence; see sample link below. The
artist and public art concepts will be reviewed by the Arts Commission for
approval. The project will be coordinated with the City Public Art Manager and
Town Square planning and construction teams.
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 goals of the project.
Strong verbal, written, digital 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 working with a team
of professionals, and show strengths in the ability to complete the project on time.
SUBMIT QUALIFICATION INFORMATION BY WEDNESDAY, AUGUST 7, 2019 AT 12 NOON
TO:
Debby Coles-Dobay, Public Art Manager
City of Boynton Beach Public Art
3301 Quantum Blvd., Suite 101 , Boynton Beach, FL 33426 (561 ) 742-6026
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EXAMPLE ARTIST AGREEMENT
Once finalists are chosen to commission
artwork, agreement will be processed.
ARTIST AGREEMENT
THIS AGREEMENT, dated the day of ' 2019, 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
1.1. RECITALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this
reference.
ARTICLE 2
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 public art project proposal.
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 manpower 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 person,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,
ARTICLE 4
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.
ARTICLE 5
COMPENSATION
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 SCOPE OF WORK AND ADDITIONAL WORK
6. "CITY" or ARTIST may request changes that would increase, decrease or otherwise modify the Scope
of Services 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 hereto,with the same formality and with equal dignity
herewith prior to any deviation from the term or scope of this Agreement, 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.
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 effective 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" 's 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 Scrutinized Companies. By execution of this Agreement, in accordance with the requirements of F.S.
287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,
not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the
provision of goods or services with any scrutinized company referred to above. Submitting a false
certification shall be deemed a material breach of contract.The City shall provide notice, in writing,to
Contractor of the City's determination concerning the false certification. Contractor shall have five (5)
days from receipt of notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, Contractor shall have ninety(90)days following receipt of
the notice to respond in writing and demonstrate that the determination of false certification was made
in error. If Contractor does not demonstrate that the City's determination of false certification was
made in error then the City shall have the right to terminate the contract and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
7.4. Assignments.
7.4.1.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.
7.4.2. 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.
7.5. 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.
7.6. 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 remaining 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:
City of Boynton Beach: Lori LaVerriere, City Manager
City of Boynton Beach
3301 Quantum Blvd., Suite#101,
Boynton Beach, FL 33426
561-742-6000
Copy To: Debby Coles-Dobay
Public Art Manager
City of Boynton Beach
3301 Quantum Blvd., Suite#101,
Boynton Beach, FL 33426
(561) 742 6026
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 original, and all of which together shall constitute one and the same instrument.
7.15 Usage Rights After final acceptance of the artwork by"CITY",the following ARTIST' rights shall be
guaranteed:
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
Judith Pyle, City Clerk Lori LaVerriere, City Manager
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 . 2019,
by and City Clerk and City Manager, respectively.
Notary Public, State of Florida
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.
(ARTIST FILL OUT THIS PAGE AND HAVE NOTARIZED)
ARTIST CONTACT INFORMATION
Name
Company
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 12019,
by
Individual who signed Is:
Personally Known, No ID Produced OR
Identification Produced
Notary Public(Signature)
Country or State of
Printed,Typed or Stamped Name of
Notary Public Exactly as Commissioned