AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK (5)h
AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
THIS AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK
made and entered into this 27th day of August, 2009 by and between Jack Howard Potter
(hereafter called the "ARTIST") whose address is 235 East 87th Street Apt 5B. New
York, NY 10128 and the CITY OF CLEARWATER, FLORIDA, a municipal corporation
of the State of Florida, located at 112 South Osceola Avenue, Clearwater, FL 33756
(hereafter called the "CITY").
WITNESSETH:
WHEREAS, the ARTIST is the sole owner and creator of the items of ARTWORK that
are valued and described more fully in EXHIBIT "A" attached hereto and made a part
hereof, which items are hereinafter referred to collectively as "ARTWORK"; and
WHEREAS, the CITY wishes to display the ARTWORK temporarily along Cleveland
Street between East Avenue and Osceola Avenue in Clearwater, Florida; and
WHEREAS, the ARTIST wishes to temporarily loan for such exhibition, the
ARTWORK to the CITY for placement on certain public property along Cleveland Street
for a period of one year.
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties, it is hereby agreed by and between the
parties as follows:
1. RECITALS
1.1 The foregoing recitals are incorporated into and made a part of this
AGREEMENT FOR LOAN AND TEMPORARY DISPLAY OF
ARTWORK, and the parties acknowledge and agree that such recitals are
true and correct.
2. TERM
2.1 The ARTIST hereby agrees to loan and temporarily display the ARTWORK
described in EXHIBIT "A" to the CITY for outdoor placement along
Cleveland Street in Clearwater, FL, 33756 for a period of twelve (12) months
upon the terms herein provided. The period of installation and display shall
start on August 27, 2009, unless mutually agreed upon by both parties. The
period of display and subsequent de-installation shall end no later than
September 30, 2010 unless mutually agreed upon by both parties.
3. ARTIST RESPONSIBILITIES
3.1 The ARTIST, using the ARTIST'S own or hired personnel and equipment is
fully responsible for the costs and handling involved in the delivery of the
ARTWORK to, and the pickup of the ARTWORK from, the placement site
along Cleveland Street. The ARTIST will agree to ARTWORK installation
and removal dates with the CITY that will be during regular business hours
unless specifically agreed to by the CITY. In addition, the ARTIST is
responsible for the oversight of the installation and the de-installation of the
ARTWORK by the CITY or the CITY'S agents. The ARTIST will provide
the CITY with a condition report of the ARTWORK after installation and de-
installation, confirming proper installation and de-installation and other
details as may be reasonably warranted.
3.2 The ARTIST will prepare structural drawings detailing the ARTWORK and
its integration to the concrete base. As determined by the CITY, the ARTIST
will provide to the CITY certification from a qualified, licensed engineer that
the ARTWORK will be of adequate structural integrity to sustain wind
speeds of 130 miles-per-hour occurring in three-second gusts or for a period
of time greater than four hours. The ARTWORK and the recommended
installation/de-installation process shall comply with, and the ARTIST in
performing under this AGREEMENT shall comply with all city, county, state
and federal regulations, laws, and ordinances.
3.3 Once approved by the CITY, the ARTIST will modify the ARTWORK, if
necessary, with any required hardware to attach the ARTWORK to the base.
3.4 The ARTIST represents that the ARTWORK is made of durable material and
will withstand the usual weather and climate in the area. The ARTIST
assumes all responsibility and risk for any deterioration or weathering caused
to the ARTWORK.
3.5 The ARTIST will provide a description of all materials utilized in the
ARTWORK and the routine care, if any, required during the loan agreement.
3.6 During the installation and de-installation periods as appropriate, the ARTIST
will be available for presentations, interviews, and ceremonies at the CITY'S
request.
3.7 The ARTIST will provide required insurance in the amounts and limits
specified in Section 8 INSURANCE.
3.8 The ARTIST represents that the ARTWORK does not utilize any protected
patent, trademark, or copyright and hereby indemnifies the CITY for any
claims related thereto.
4. CITY RESPONSIBILITIES
4.1 The CITY will determine a location for the exhibition of the ARTWORK on
Cleveland Street and will provide any information and relevant data, if any,
which is needed by the ARTIST in order to perform under this
AGREEMENT.
4.2 The CITY will prepare the site and construct a concrete base on which the
ARTWORK will be attached in accordance with the specifications detailed in
the approved structural drawings provided by the ARTIST.
4.3 Under supervision of the ARTIST, the CITY or the CITY'S agents will
install and de-install the artwork from its site on Cleveland Street.
4.4 The CITY will be responsible for compliance with all applicable laws and
regulations and will provide required permits for the installation and de-
installation process.
4.5 The CITY will provide and install an identification plaque next to the
ARTWORK, prepared and designed by the CITY containing a credit to the
ARTIST.
4.6 The CITY will pay the ARTIST a $4,000.00 Exhibition Fee as consideration
for the services and performance hereunder, including but not limited to, the
loan, delivery, installation and de-installation supervision, and removal of the
ARTWORK. The Exhibition Fee will be paid as follows: $3,500.00 upon
delivery and installation of the ARTWORK, as accepted by the CITY, and
500.00 upon de-installation and removal of the ARTWORK, as more
particularly defined in Section 5.
5. HONORARIUM AMOUNT AND SCHEDULE OF COMPENSATION:
5.1 HONORARIUM AMOUNT: The total honorarium amount awarded to the
ARTIST is Four Thousand Dollars (4 000.00) for all services under this
AGREEMENT, including, but not limited to, transportation of ARTWORK to
and from the display site, certification of ARTWORK by a licensed structural
engineer, ARTIST'S supervision of artwork installation and de-installation,
ARTIST'S presence at publicity and public information sessions, and any other
performances and services required under this AGREEMENT.
a. No charges shall be incurred under this AGREEMENT nor shall any
payments become due to the ARTIST until all reports and services, or
both, required under this AGREEMENT are received from the
ARTIST and approved by the CITY as being in accordance with this
AGREEMENT. The final payment of the honorarium is due and
payable when the ARTWORK is fully removed from the display site
and a final invoice is submitted by the ARTIST.
b. In no event shall the CITY be liable for interest or late charges for any
late payments.
5.2 SCHEDULE OF COMPENSATION: The CITY agrees to make payments to
the ARTIST according to the schedule and conditions set forth below:
a. Initial dispersal payment: $3,500.00
ARTIST requirements for payment: Transportation of the ARTWORK,
and supervision of the installation of ARTWORK to the display site for
the duration of the period of display; ARTIST'S appearance at all pre-
arranged publicity and information sessions as requested by the CITY.
b. Final dis ersal payment: 500.00
ARTIST requirements for payment: Supervision of de-installation of, and
removal transportation of the ARTWORK from the display site following
the period of display, and appearance at all pre-arranged publicity and
information sessions as requested by the CITY.
6. DISPLAY OF ARTWORK, BARRIER AND SIGNAGE:
6.1 DISPLAY OF ARTWORK: During the period of the CITY'S display of the
ARTWORK pursuant hereto, the CITY shall make the ARTWORK available
for viewing by the public without charge at such location along Cleveland
Street as the CITY deems appropriate. The CITY shall not charge any
admission fee or similar fee as a condition of viewing the ARTWORK.
6.2 BARRIER AND SIGNAGE:
a. At all times while the ARTWORK is on display the CITY may install
such physical barrier as the CITY, in its sole discretion from time to time,
deems appropriate in an attempt to prevent unauthorized persons from
touching the ARTWORK; provided, however, that the CITY does not
warrant or guarantee in any manner that unauthorized touching of the
ARTWORK will not occur. Additionally, the CITY may post signage as
the CITY, in its sole discretion determines to be appropriate, indicating
that touching the ARTWORK is prohibited.
b. At times while the ARTWORK is on display pursuant to the terms hereof,
the CITY will post an identification plaque next to the ARTWORK,
prepared and designed by the CITY, identifying the ARTIST and title of
the ARTWORK.
7. RISK OF LOSS
7.1 The ARTIST shall bear all risk of loss or damage to the ARTWORK
including, but not limited to, theft, vandalism or any other act by a third
party, and damage caused by acts of god, war, or natural conditions/disasters
including, but not limited to, floods, hurricanes, tornadoes, lightning, and any
loss occurring during the storage, transportation, delivery, installation, de-
installation, and removal of the artwork, regardless of where such loss occurs.
8. INSURANCE:
8.1 RE-QUIRED INSURANCE: The ARTIST shall place and maintain for the
periods prior to, during, and after the installation, de-installation, and removal
of the ARTWORK, and pay the cost thereof, the following insurance policies:
a. Worker's Compensation and Employer's Liability Insurance: If the
ARTIST has employees, the ARTIST shall procure and maintain statutory
Worker's Compensation Insurance and Employer's Liability Insurance
with limits of no less than $300,000 per occurrence for the jurisdiction
where the work is being performed and provide a waiver of subrogation
against the CITY. If the ARTIST has no employees as defined by Florida
Statues and Regulations the ARTIST shall submit a letter stating it is
exempt from this requirement, said letter to be incorporated into and
become a part of this Agreement.
b. General Liability Insurance: The ARTIST shall procure and maintain
General Liability Insurance, with limits of not less than. $1,000,000 for
per occurrence, Combined Single Limit for Bodily Injury and Property
Damage, including Contractual Liability, Personal Injury, Products and
Completed Operations. The ARTIST shall obtain, such insurance prior to
transporting or installing the ARTWORK at the display site.
8.2 CERTIFICATES OF INSURANCE: The ARTIST shall, at the CITY'S
request, provide certificates of insurance evidencing Worker's Compensation,
Employer's Liability, General Liability, and Automobile Liability prior to the
installation of the ARTWORK. If any insurance policy is due to expire
during the period of installation, the ARTIST shall provide a certificate of
renewal evidencing the required insurance coverage to the CITY not less than
fifteen (15) days prior to the expiration date.
9. INDEMNIFICATION AND NOTICE:
9.1 INDEMNIFICATION: The ARTIST agrees to indemnify and hold free and
harmless, assume legal liability for and defend the CITY and its officers,
employees, agents, and servants, whether they are current or former, from and
against all actions, claims, liabilities, assertions of liability, losses, costs, and
expenses, in law or in equity, including but not limited to attorneys' fees at
trial and appellate levels, reasonable investigative and discovery costs, court
costs, or claims for bodily injury or death of persons and for loss or damage
to property, except as provided for herein, of every kind and nature
whatsoever, which in any manner directly or indirectly may arise or be
alleged to have arisen, from the installation, de-installation, or display of the
ARTWORK or as a result of the duties and obligations as required by this
AGREEMENT or that which has resulted or alleged to have resulted from the
negligent acts or omissions or other wrongful conduct of, or the infringement
of any copyright by, the ARTIST and/or its subcontractors, employees, and
agents in connection with the ARTIST'S performance pursuant to this
AGREEMENT.
a. This indemnification shall survive the termination or expiration of this
AGREEMENT.
9.2 NOTICE: Each party shall immediately notify the other of any written claim
regarding any matter resulting from or relating to the party's obligations
under this AGREEMENT. Each party shall cooperate with the other in the
defense or investigation of any such claim arising out of or relating to the
performance of this AGREEMENT.
10. WARRANTIES OF TITLE, QUALITY, AND CONDITION:
10.1: WARRANTY OF TITLE: The ARTIST represents and warrants that:
a. The ARTWORK is solely the result of the artistic effort of the ARTIST;
b. The ARTWORK is unique and original and does not infringe upon any
copyright;
c. The ARTWORK is free and clear of any liens from any source
whatsoever.
10.2 WARRANTY OF QUALITY AND CONDITION: The ARTIST represents
that all work has been and will be performed in accordance with professional
"workmanlike" standards and free from defective or inferior materials and
workmanship (including any defects consisting of "inherent vice" or qualities
that cause or accelerate deterioration of the ARTWORK) for the duration of
the display or one (1) calendar year, whichever is longer.
a. The ARTIST represents and warrants that the ARTWORK and the
materials used are not currently known to be harmful to public health
and safety;
b. The ARTIST represents and warrants that reasonable maintenance of
the ARTWORK will not require procedures substantially in excess of
those described in the maintenance recommendations submitted to the
CITY by the ARTIST;
c. If within the period of the display the CITY observes any breach of
warranty described in this Section 10.2 that is curable by the ARTIST,
the ARTIST shall, at the request of the CITY, cure the breach
promptly, satisfactorily, and consistent with professional conservation
standards, at no expense to the CITY. The ARTIST shall have the
right to first refusal to make or supervise such repairs or restorations.
Should the ARTIST be unavailable or unwilling to cure the breach
consistent with professional conservation standards the CITY may
terminate this AGREEMENT. The CITY shall give notice to the
ARTIST of any such breach with reasonable promptness.
d. If within the period of display the CITY observes a breach of warranty
described in this Section 10.2 that is not curable by the ARTIST, the
ARTIST is responsible for reimbursing the CITY for damages,
expenses, and loss incurred by the CITY as a result of the breach and
shall remove the ARTWORK immediately if directed by the CITY,
should the CITY in its sole discretion deem said removal to be in the
best interest of the health, safety, and welfare of the citizens of
Clearwater.
11. MAINTENANCE AND REPAIRS:
11.1 As a condition to final approval of the CITY, the ARTIST shall provide the
CITY with a parts list and written description of the regular cleaning and
maintenance needs of the ARTWORK. Routine cleaning and maintenance of
the ARTWORK shall be the responsibility of the CITY. The ARTIST shall
be available for consultation on maintenance and repair throughout the period
of display.
11.2 The ARTIST represents and warrants that general routine cleaning of the
ARTWORK and any associated working parts will maintain the ARTWORK
within an acceptable standard of public display.
11.3 The ARTIST represents that foreseeable exposure to the elements and
general wear and tear will cause the ARTWORK to experience only minor
repairable damages and will not cause the ARTWORK to fall below an
acceptable standard of public display.
11.4 With general routine cleaning, and within the context of foreseeable
exposure to the elements and general wear and tear, the ARTWORK will not
experience irreparable conditions that do not fall within an acceptable
standard of public display, including. mold, rust, fracturing, staining,
chipping, tearing, abrading, and peeling.
11.5 The CITY recognizes and agrees that it will not intentionally alter, modify or
change the artwork.
12. TITLE AND COPYRIGHT:
12.1 TITLE AND COPYRIGHT: The CITY recognizes that the title to the
ARTWORK shall remain with the ARTIST, its successors or assigns. At no
time shall title pass to the CITY as a result of this AGREEMENT. The
ARTWORK shall remain the sole property of the ARTIST, its successors or
assigns, including, but not limited to, copyrights under the Copyright Act of
1976, 17 U.S.C. §§ 101 et. Seq.; as amended, or any and all rights provided
for by the Visual Artists' Rights Act of 1990 (Section 106A of the United
States Copyright Act; as amended) unless otherwise granted by the ARTIST
to any other party. All future decisions regarding the use and continued
ownership of such property will be within the sole and unconditional
discretion of the ARTIST, its successors or assigns.
12.2 REPRODUCTION RIGHTS:
a. The ARTIST grants to the CITY and its assigns an irrevocable license to
make two-dimensional reproductions of the ARTWORK for non-
commercial purposes, including, but not limited to, reproduction used in
brochures, media publicity, and exhibition catalogues or other similar
publications provided that these rights are exercised in a tasteful and
professional mariner.
b. All reproductions by the CITY shall contain a credit to the ARTIST and a
copyright notice in substantially the following form: Copyright
[ARTIST'S name, date of publication], if the ARTIST advises that the
ARTWORK is in fact copyrighted. Should the ARTIST not hold a
copyright on the ARTWORK, the ARTIST may, at the ARTIST'S own
expense, cause to be registered with the United States Register of
Copyrights, a copyright in the ARTWORK in the ARTIST'S name.
c. If the CITY wishes to make a reproduction of the ARTWORK for
commercial purposes, the parties shall execute a separate agreement to
address the terms of the license granted by the ARTIST and the royalty
the ARTIST shall receive.
d. The CITY is not responsible for any third party infringement of an
ARTIST'S copyright and is not responsible for protecting the intellectual
property rights of the ARTIST.
e. The ARTIST shall not, during the performance of this AGREEMENT,
disseminate publicity or news releases regarding the ARTWORK without
prior written approval of the CITY.
13. DEFAULT AND TERMINATION:
13.1 DEFAULT: Failure or refusal of the ARTIST to perform or do any act herein
required shall constitute a default. In the event of a default, in addition to any
other remedy available to the CITY, the CITY upon thirty (30) days written
notice may terminate this contract. Such termination does not waive any
other legal remedies available to the CITY.
13.2 TERMINATION:
a. Either party may terminate this AGREEMENT where performance is
rendered impossible or impractical for reasons beyond such party's
reasonable control such as, but not limited to, acts of nature; war or
warlike operations; governmental regulation or control; public
emergency; or strike or other labor disturbance. Notice of termination of
this AGREEMENT shall be given to the non-terminating party in writing
not less than thirty (30) days prior to the effective date of termination.
b. The CITY may terminate this agreement without cause upon thirty (30)
days written notice to the ARTIST. The CITY shall pay the ARTIST for
services performed consistent with the SCHEDULE OF
COMPENSATION set forth in Section 5.2 of this AGREEMENT.
c. If either party to this agreement shall willfully or negligently fail to fulfill
in a timely and proper manner, or otherwise violate any of the covenants,
agreements or stipulations material to this AGREEMENT, the other party
shall thereupon have the right to terminate this AGREEMENT by giving
written notice to the defaulting party of its intent to terminate, specifying
the grounds for termination. The defaulting party shall have thirty (30)
days after the effective date of the notice to cure the default. If it is not
cured by that time, this AGREEMENT shall terminate.
14. MISCELLANEOUS:
14.1ENTIRETY OF AGREEMENT: This writing embodies the entire agreement
and understanding between the parties hereto, and there are no other
agreements and understandings, oral or written, with reference to the subject
matter hereof that are not merged herein and superseded hereby. No
alteration, change, or modification of the terms of the AGREEMENT shall be
valid unless made in writing and signed by both parties hereto.
14.2 CAPTIONS: The captions of each paragraph and headings hereof are added
as a matter of convenience and shall be construed to be of no affect in the
construction of any provision or provisions hereof.
14.3 NOTICES: Any notices regarding this AGREEMENT given by either party
to the other must be in writing and shall be deemed to have been given,
delivered or made, as the cause may be (1) when delivered by personal
delivery, or (ii) five (5) business days after having been deposited in the U.S.
Mail, certified or registered, return receipt requested, with sufficient postage
affixed and prepaid or (iii) one (1) business day after having been deposited
with an expedited overnight courier service (such as by way of example but
not limited to: U.S. Express Mail, Federal Express, or UPS), addressed to the
party to whom notice is intended to be given at the address set forth below:
If to the CITY: City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
If to the ARTIST: Jack Howard Potter
235 East 87th Street, Apt 5B
New York, NY 10128
Any parry may change the address to which its notices are to be sent by giving the
other party written notice of any changes in the manner provided herein, but
notice of change of address if effective only upon actual receipt.
14.4 CITY'S AUTHORITY: The CITY warrants that it has all required authority
to enter into this AGREEMENT FOR LOAN AND TEMPORARY
DISPLAY OF ARTWORK and to be bound by the terms hereof.
14.5 ARTIST'S AUTHORITY: The ARTIST warrants that it has obtained all
necessary authority through official action of its officers and directors, if
necessary, to enter into this AGREEMENT FOR LOAN AND
TEMPORARY DISPLAY OF ARTWORK and to be bound by the terms
hereof.
14.6 SURVIVING COVENANTS: The covenants and obligations set forth in this
AGREEMENT shall survive the delivery, installation, and removal of the
ARTWORK, unless otherwise provided for herein, and shall be binding upon
the parties, its heirs, legatees, executors, administrators, assigns, transferees,
and all its successors in interest.
14.7 INTERPRETATION: This AGREEMENT shall be interpreted under and in
accordance with the laws of the State of Florida.
14.8 CONSTRUCTION OF AGREEMENT: This AGREEMENT shall not be
construed more strictly against one party than against another merely by
virtue of the fact that it may have been prepared by one of the parties, it being
acknowledged that both the ARTIST and the CITY have substantially and
materially contributed to the preparation thereof.
14.9 SEVERABILITY: If any provision of this AGREEMENT is contrary to,
prohibited by, or deemed invalid by applicable laws or regulations of any
jurisdiction in which it is sought to be enforced, then such provision shall be
deemed inapplicable and omitted, but such omissions shall not invalidate the
remaining provisions of this AGREEMENT.
14.10 FURTHER ASSURANCES: The parties shall promptly execute all
documents reasonably required and take such other steps in addition to the
execution of this AGREEMENT to effectuate the intent and purpose of this
AGREEMENT.
IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT
FOR LOAN AND TEMPORARY DISPLAY OF ARTWORK to be executed
on the date first above written.
CITY OF CLEARWATER, FLORIDA
By
William B. Horne II
City Manager
App ved as to form:
Laura Maho4y
Assistant City Attorney
Attest: F ,
? 'f
Cy is E. Goudea OF THE 1
City Clerk
Jack ow Pott
Bve
Jack Howard Potter, ARTIST
Witness:
7G GIGLIO GROUP, INC.
STRUCTURAL ENGINEERING CONSULTING SERVICES
DATE:
AUGUST 25, 2009
JOB NAME:
"GOING GREEN"
SUBJECT:
STRUCTURAL REVIEW OF SCULPTURE &
CONNECTION OF SCULPTURE TO CONCRETE BASE
SCULPTOR:
JACK HOWARD-POTTER
235 EAST 87TH ST. APT. 5B
NEW YORK, NY 10128
ATTENTION TO:
CHRISTOPHER HUBBARD
PARKS AND RECREATION DEPARTMENT
100 SOUTH MYRTLE AVENUE
CLEARWATER, FL 33756
O, P.E.
063822
AUG 4 ,? ?nag
1329 South "N" Street • Lake Worth, FL 33460 • C.A. # 27526
Office: (561) 582-1733 9 gigliogroup@bellsouth.net • Fax: (561) 582-1788
a ,
?G GIGLIG GROUP, INC.
STRUCTURAL ENGINEERING CONSULTING SERVICES
jlb Name- C;o np rreerl
Subject: Structural Revzew aid Connection to B.,)$e
GOING GREEN
Date: August 25, 2009
Page: 1 of 2
E
63,622
AVG 2 5: eon
1329 South "N" Street . Lake Worth, FL 33460 • C.A. # 27526
Office: (561) 582-1733 a gigliogroup@bellsouth.net • Fax: (561) 582-17$8
?G GIGLIO GROUP, INC.
STRUCTURAL ENGINEERING CONSULTING SERVICES
Job Narne: Going Green Date: August 2.5; 2009
Subject: Structural Review and Connection to Base Page: 2 of 2
"GOING GREEN" NOTES:
1. -3/4' DIAMETER "RED HEAD" WITH 6" EMBED; (4) TOTAL
2. LARGE PLATE - 42"X42" X'/2" THICK STEEL PLATE, A36
3. PIPE TO LARGE PLATE CONNECTION - 3/16" ALL-AROUND FILLET WELD
4. STEEL PIPE - 18" DIAMETER, %" THICK, 18" LONG STANDARD STEEL PIPE
5. 3/" DIAMETER A307 THRU BOLTS
6. SMALL PLATE -18"X24" X 3/8"THICK, A36
7. PIPE TO SMALL PLATE CONNECTION- g/" DIAMETER A307 BOLTS WELDED TO PIPE; SMALL PLATE=
BOLTED TO BOLTS
8. STEEL BAR - 3/8" HOT-ROLLED STEEL ROD
9. BAR TO PATE WELD -- 3/16" ALL-AROUND GROOVE WELD
10. GLOBE STEEL PLATE -LIGHT GAUGE MALLEABLE STEEL WELDED TO BAR WITH 1/8" GROOVE WELD
11. BAR-TO-BAR WELD - 3/16" ALL-AROUND GROOVE WELD
12. CONCRETE FOUNDATION- BY OTHERS, 6'X9'X6" THICK REINFORCED CONCRETE,
GENERAL STRUCTURAL NOTES
LOADS
1. WIND LOADS AS PER;
a. FLORIDA BUILDING CODE 2007 EDITION (2009 AMENDMENTS), FOR A 120 MPH WIND
SPEED, EXPOSURE C AND 0.87 IMPORTANCE FACTOR.
2. DEAD LOAD - N.A
3. LIVE LOAD - N,A.
THE PROJECT WAS DESIGNED IN ACCORDANCE WITH THE:
1. FLORIDA BUILDING CODE, 2007 EDITION (2009 AMENDMENTS).
2. AISC STEEL CONSTRUCTION MANUAL, LATEST EDITION -
3. ASCE 7-02/LATEST EDITION.
?rJt1Ft ? l0, PE.
F? P ?. etc S 83822
1329 South "N" Street . Lake Worth, FL 33460 a C.A. # 27526 AUG 2 94 ZQng
Office: (561) 582-1733 9 gigliogroup@bellsouth.net 9 Fax: (561) 582-1788
Jack Howard Potter
235 Fast 671h Street, Apt. 5B
New York, NY 10128
(516) 410-7759
steelstatue(&msn.com
August 27, 2009
To.
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
To Whom it May Concern:
As the sole employee involved in my participation in Sculpture360; Season 11,1 have
elected to not carry workers compensation insurance for myself during the installation
and removal of my piece entitled "Going Green" as part of the exhibition in
Clearwater, Florida.
Should you need additional information please do not hesitate to contact me.
Si a ei ? :1
y r V,d
ack?loward otter
Client- 27300
POTTJAC
ACORUM CERTIFICATE OF LIABILITY INSURANCE 08/28/2009 Y'
PRODUCER
1856
Gook, Hall & Hyde Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
40 Marcus Drive, 3rd Floor
Melville, NY 11747 INSURERS AFFORDING COVERAGE NAIL 9
INSURED INSURER A: Hartford Fire Insurance Company 19682
Jack Howard Potter INSURER B:
SteelStatue Inc
INSURER C:
235 East 87th St. Apt. 5B INSURER D:
New York, NY 10128 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR ADD'
S
TYPE OF INSURANCE
POLICY NUMBER EFFECT
PDAM OLICY MMpfY NYYYI. E
DALT?EE I MD jYYYYj EXPIRATION
LIMITS
A GENERAL LIABILITY 12SBMRK3698 06113/2009 06113/2010 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000
CLAIMS MADE 51 OCCUR MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
GENERAL AGGREGATE s2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000
POLICY PE 1 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
$
ANY AUTO (Es accident)
ALL OWNED AUTOS BODILY INJURY
(Per Person) $
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident) $
NON-OWNED AUTOS
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
S
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
TORY LIMITS ER
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
EXCLUDED?
%FFI
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tory
( rn E.L. DISEASE - EA EMPLOYEE S
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN
E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
,E NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ATNE
ACORD 25 (2009/01) 1 of 2 #SI908901M183688 ® 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD NCI
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORN 25 (2009/01) 2 of 2 #S190890/M783688