AGREEMENT FOR COMMISSION OF PUBLIC ARTWORK (3)AGREEMENT FOR COMMISSION OF PUBLXC ARTWORK
THIS AGREEMENT for carnmission of public artwork made and entered into this 11th day of July. 2011
by and between Stephanie Huerta (hereafter called the "Artist") whose address is 2901 Corte del Pozo
Santa Fe, NM 87505 and the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State
of Florida, located at 112 South Osceola Avenue Clearwater FL 33756 (hereatter called the "City")
(each individually referred to herein as "Party" or collectively as the "Parties").
WITNESSETH:
WHEREAS, the CITY has implemented the Clearwater Public Art and Design Program (hereafter called
the "Program") pursuant to ORDINANCE NO. '7489-p5 as amended, in ORDINANCE NO. 8026-09, by
allocating not less than one percent (1%) of the total constructian budget of eligible capital improvement
projects for the purchase and installation of on-site public artwork; and
WHEREAS, authority lies with the City to make payments for the acquisition, design execution,
fabrication, transportation, and installation of Artwork, including payments for the support of an artist
selection process, design execution, fabrication, transportation and installation of Artwork; and
WHEREAS, the City's Paul Owens Training �'acility at Carpenter Complex is an eligible capital
improvement project subject to Program requirements; and
WHEREAS, the Artist was selected by the City through an open Call to Artists process adopted by the
City to commission the Artwork as further described in Exhibit A; and
WHEREAS, the Artist is a recognized artist whose work and reputation make the Artist uniquely
qualified to create the Artwork; and
WHEREAS, the Artist wishes to create a unique Artwork valued at $30,OU0.00 to be installed in a public
space in proximity to the Faul Owens Training Facility at Carpenter Complex located at or near 651 Old
Coachman Road, Clearwater, FL 33765 (hereafter called the "Site"); and
WHEREAS, the Artist and City wish to undertake the obligations expressed herein;
NOW, THEREFORE, in consideration of the above-stated premises and for gaod and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, subject to the
conditions hereinafter set forth, the parties agree as follows:
ARTICLE 1: SCOPE OF SERVICES
1.1 Recitals
The foregoing recitals are incorporated into and made a part of this Agreement for Commission of Public
Artwork, and the Parties acknowledge and agree that such recitals are true and conect.
1�2 Artist's Obligations
a. The Artist shall perform all services and furnish all supplies, materials and equiprnent as
necessary for the design and fabrication of the Artwork at the Artist's studio in accordance with
the specified schedule further described in Exhibit S. Services shall be performed in a
professional manner and in strict compliance with all terrns and conditions in this Agreement.
b. The Artist shall determine the artistic expression, design, dimensions and materials of the
ARwork, subject to review and acceptance by the City as set forth in this Agreement. To ensure
that the Artwork as installed shall not interfere with the intended use of the Site, underground
utilities, pedestrian and other traffic flow, parking, and safety devices and procedures at the Site,
the Artist's proposal shall be reviewed and approved by the City, other applicable city
departments including, but not limited to: Building, Engineering, Marine & Aviation, Parks &
Recreation, Public Works, Risk Management, T'raffic Engineering and others, where appropriate,
to ensure cornpliance with these objectives.
c. The Artist shall prepare the design concept and the corresponding budget described in Section 1.4
and Exhibit C of this Agreement. The design concept shall include a description of all materials
and products utilized in the Artwork and the required routine care and upkeep involved.
d. The Artist shall prepare structural drawings detailing the Artwork and its integration and relation
to the Site. As determined by the City, the Artist shall provide to the City a certi�cation from a
qualified, licensed engineer that the Artwork will be of adequate structural integrity (including
foundation loads, wind loads, and potential live loads) to ensure the safety and welfare of the City
and its officers, employees, agents, servants, autd the general public. Such drawings will coniirm
to all applicable federal, state, and local laws and regulations.
e. The Artist shall attend public information meetings with the general public, attend design and
construction coordination meetings with the City, general contractor, architect and ather parties,
as appropriate, to comrnunicate about the Artwork and ensure appropriate integration and/or
installatian oithe Artwork.
£ The Artist shall complete the fabrication of the Artwork by the scheduled installation date as
provided in Section 1.5 and Exhibit B of this Agreement.
g. The Artist shall secure any and all required licenses, permits and similar legal authorizations at
the Artist's expense as rnay be necessary for the installation and maintenance of the Artwork at
the Site.
h. The Artist shall arrange the transportatian and installation of the Artwork in consultation with the
City. If the Artist does not install the Artwork himself or herself, the Artist shall supervise and
approve of the installation.
i. The Artist shall pravide the required insurance in amounts and limits specified in Article 6 and
Exhibit D.
j. The Artist shall provide a list of all subcontractors along with a copy of the Agreement between
the artist and each subcontractor.
k. The Artist shall provide a tnaintenance manual with a description of all materials and products
utilized in the Artwork and the required care and upkeep involved further described in Exhibit E.
l. The Artist represents that the Artwork is made of durable material and will withstand the usual
weather and climate in the area;
rn. The Artist shall provide photagraphic documentation of the Artwark.
n. The Artist shall provide the City with a written candition report of the Artwork after installation.
o. The Artist shall be available with reasonable advance notice for meetings, ceremonies and the
like, as necessary.
1_3 Cit _'y_s Obligations
a. The City shall perforrn all obligations in compliance with all terms and conditions in this
Agreement.
b. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of
existing designs, drawings, reports, list of required permits, and other existing relevant data, if
any, which is needed by the Artist in order to perform the Artist Obligations described in this
Agreement.
c. The City shall be responsible for compliance with all applicable laws and regulatians, including
but not limited to zoning or environmental regulations, and shall explain any lirr►itations imposed
by such laws and/or regulations to the Artist.
d. The City shall prepare the Site in accordance with the specifications detained in the approved
design concept in Section 1.4 and Exhibit A of this Agreement. The City shall be responsible for
all expenses, labor and equipment to prepare the Site for the timely transportation and installation
of the Artwork. The City shall complete the Site preparations by the scheduled installation date
as provided in Section 1.4 and Exhibit B of this Agreement, or shall contact the Artist in writing
infarming him or her of any delays.
The City shall provide and install a plaque on or near the Artwork containing a credit to the Artist
and a copyright notice substantially in the follawing form: Copyright c.0 Stephanie Huerta [date of
completion].
f. The City shall not use the Artist's name or misuse of the Artwork which would reflect discredit
on the Artist's reputation as an artist or which would violate the spirit of the Artwork, should such
use or misuse be within the City's detection or contral.
g. The City shall be responsible for leading the Artist through the required review process. The City
shall be responsible for organizing and scheduling meetings with review �ntities such as the City
Council, Building Permit Review Committee and other applicable City departments, and for
providing the Artist written instructions far the materials required at such meetings.
h. The City shall routinely clean, care for, and maintain the Artwork after installation and final
acceptance of the Artwork and will abide by the recommendations described and included in
Exhibit E, the Mainteaance Manual.
1_4 Desi�n
a. Concept/Schematic
The Artist shall visit, examine, research and consider the Site and surrounding area. If
necessary, the Artist shall also be available to consult with representatives of the
community and consider their input and concerns.
ii. The Artist was selected pursuant to a competition organized for the procurement of an
artist to design and fabric an Artwork suitable for the current project. Within thirty (30)
days of the execution of this Agreement, the Artist shall subnait to the City the design
concept (hereafter called the "Design") in the form of detailed drawings, models, and
other supporting documents as necessary as are required to present a meaningful
representation of the Artwork.
iii. The Design will include: a description of the method by which the Artwork is to be
fabricated and installed; a description of any operational, maintenance and conservation
requirerr►ents for the Artwork; a description of the placement of the Artwork at the Site
and any site preparations that the City may be required to furnish, including, but not
limited to, any changes or modificatians to any utility system, above ar below ground, or
structure of the Site as necessary.
iv. The Design must provide sufficient detail to allow for the City to assure compliance with
applicable local, state or federal laws, ordinance and/or regulations.
v. The Artist shall attach to the Design a detailed budget for the design, fabrication and
installation of tha Artwork, including costs for Site preparation, as described in Section
1.4 of this Agreement and in Exhibit C.
b. Approval
Within thirty (30) days after the Artist submits the Design, the City shall notify the Artist
whether it approves or disapproves of the Design. The City shall have discretion in
approving outright or with conditions, or rejecting the Design. The City shall notify the
Artist of any revisions to the Design as are necessary for the Artwork to comply with any
applicabla laws, ordinances and/or regulations and other reasons including, but not
limited to, ensuring the physical integrity of the Artwork ar its installatian at the Site. If
agreed up�n by bath parties, such revisions will become a part of the accepted Design.
ii. Cf the City disapproves of the Design, the City will submit to the Artist in writing the
reasons for such disapproval. In such event, the Artist will submit a Revised Design
within thirty (30) days after the City has notified the Artist of its disapproval. The Artist
will not be paid an additional fee for the Revised Design.
c. Redesign
The Revised Design will reflect changes made ta address the City's stated reasons for
disapproval, as well as any adjustments in the budget or schedule that may b� necessary.
The City shall notify the Artist in writing whether it approves or disapproves of the
Revised Design within sixty (60) days after the Artist submits the Revised Design.
ii. If the Artist refuses to revise the Design pursuant to Section 1.4, or if the Artist fails to
adequately revise the Design in the judgrnent of the City, this Agreement shall terminate
and the parties shall be under no further obligation to each other as of the date of such
termination. The effective date af termination shall be the date the City submits its
written disapproval of the Revised Design to the Artist. The City shall submit to the
Artist a written termination notice with the disapproval. Th� termination notice shall
advise the Artist that this Agreement has been terminated pursuant to this Article. The
termination notice shall notify the Artist that the Artist is entitled to retain the
compensation paid prior to the termination date, and that the parties are under na further
obligation to each other. The termination notice shall conform that the Artist shall retain
ownership of all Designs, Revised Designs and renderings thereof submitted as part of
the terms of this Agreement.
d. Final/Construction Documents
The Artist shall prepare structural drawings detailing every physical feature of the
construction of the Artwork and its integratipn with the Site. These drawings shall
indicate any risks involved in the construction, integration, and maintenance of the
Artwork, as well as any third party subcontractors needed to work on the project.
ii. The Artist shall present such drawings to a qualified engineer, licensed by the state and
paid by the Artist, for certi�cation that the Artwork will be of adequate structural
integrity and the Artist shall pravide the City with such certification.
iii. Where appropriate, the Artist shall present the Design to a qualified conservator, who
will make recommendations on the maintenance of the Artwork, and the Artist shall
provide a written copy of the conservator's recommendations to the City.
iv. The Artist shall present to the City recommendations on the scheduled maintenance of
the Artwork to be atta.chad to this Agreement as Exhibit E, the Maintenance Manual.
1.5 Bud et Pa ment Schedule Canstruction Schedule and Pro ess Re orts
a. Budget
The Artist shall prepare a budget, which shall include all goods, services and materials,
with such costs itemized, including, but not limited to costs for: materials and applicable
sales tax; off-site fabrication costs; Artist's time invested in coordination, fabrication and
supervision of installatian; fees for required licenses, permits and similar legal
authorizations; fees for the labor of assistants; itemized general contractor and
subcontractor fees, if applicable; insurance; Artist's travel; transportation of the Artwork
to the Site; itemized installation costs; any applicable local, state or federal taxes; and a
ten-percent (10%) contingency to cover any unforeseen costs that may arise. This Budget
will be attached to this Agreement as Exhibit C.
ii. Calculation of the Budget will take inta consideration the passible inflation of service and
material costs between tha date of execution of this Agreement and the anticipated
completion date.
iii. The Artist shall keep a log of the ArtisYs project hours and shall retain all original
receipts pertaining directly to the project.
iv. If the Artist incurs costs in excess of the amount listed in the Budget, the Artist shall pay
such excess fronn the Artist's own funds unless the Artist previously obtained approval
for such costs from the City, or if such costs were the result of actions or inaction oF the
City.
b. Schedule
'I'he Artist shall notiiy the City af the tentative Schedule for the fabrication and
installation of the artwork, attached to this Agreernent as Exhibit B. This will include a
schedule for the submission of progress reports and inspections, and for the payment of
Budget installments, if any. The Schedule may be amended by written agreement of both
parties.
1.6 Fabrication
a. The Artist shall fabricate and install, or supervise the installation, of the Artwork in substantial
conformity with the Design. The Artist may not deviate from the approved Design without
written approval of the City.
The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork such
as the application of protective or anti-UV or anti-graffiti coatings, if applicable, unless the City
disapproves.
c. The City shall have the right to review the Artwork at reasonable times during the fabrication
thereof upon reasonable notice.
d. if the City, upon review of the Artwork, determines the Artwork does not conform to the Design
or Revised Design, the City reserves the right to notify the Artist in writing of the deficiencies
and that the City intends to withhold the next budget installment as projected in Exhibit B.
e. The Artist will promptly cure the City's objections and will notify the City in writing of
cornpletion af the cure. The City shall promptly review the Artworlc, and upon approval shall
release the next budget installment. If the Artist disputes the City's determination that the
Artwork daes not conform, the Artist shall promptly submit reasons in writing to the City within
thirty (30) days ofthe City's priar notification to the contrary. The City shall make reasonable
efforts to resolve the dispute with the Artist in good faith. Hawever, final determination as to
whether the Artist has complied with the terms af this Agreement shall remain with the City.
The Artist shall natify the City in writing when the fabrication of the Artwork has been
completed, and that the Artwork is ready for delivery and installation at the Site, if the artwork
was fabricated off-site.
g. The City shall inspect photographic documentation of the completed Artwork within thirty (30)
days after receiving notification pursuant to Section 1.6(fl, to determine that the Artwork
conforms to the Design or Revised Design and to give final approval of the Artwork. The City
sha11 not unreasonably withhold final approval of the fabricated artwork. In the event that the
City does withhold final approval, the City shall submit the reasons for such disapproval in
writing within fifteen (15) days of examining the fabricated artwork. "I'he Artist shall then have
sixty (b0) days from the date of the City's notice of the disapproval to make the necessary
adjustments to the fabricated Artwork in accordance with such writing. The Artist shall not be
penalized for any delay in the delivery and installation of the Artwork to the Site unless the Artist
has willfully and substantially deviated from the Design without the prior approval of the City.
The Artist shall then be held responsible for any expenses incurred in correcting such deviation.
h. The City shall promptly notify the Artist of any delays impacting installation of the Artwork.
Any additional storage fees incurred as a result of such delays are the responsibility of the City.
The Artist shall be required to inspect the Site prior to the transportation and installation of the
Artwork and shall notify the City af any adverse Site conditions that will impact the installatian
of the Artwork which are in need of correction.
1_7 Changes to Desi�n
a. Prior to the execution of any change in the approved Design, the Artist shall present all proposed
changes in writing to the City for further review and approval. The Artist must provide a detailed
description of any significant changes to the artistic expression, design, dimensions and materials
of the Artwork that is not permitted by nor in substantial conformity with the already approved
design. Such notice will also include a detailed description of any additional costs that rnay be
incurred or changes in the budget. A significant change is any change which materially affects
installation, scheduling, site preparation or maintenance of the Artwork or the concept of the
Artwork as represented in the Design.
If the City approves the changes, the City shall prornptly notify the Artist in writing. The City
will also make the required presentations to the appropriate approval bodies including, but not
limited to: City Council, the Public Art & Design Board, and the appropriate city departments
including Engineering, Environmental, Planning and Public Works.
c. If the City Disproves of the changes, the City shall promptly notify the Artist in writing and the
Artist shall cantinue to fabricate the Artwork in substantial conformity with the Design.
d. The Artist's fee shall be equitably adjusted for any increase or decrease in the Artist's cost of, or
time required for, performance of any services under this Agreement as a result of revisions
made, requested by the City, in writing, to the Design under Section 1.7(a). Any claim of the
Artist for adjustrnent under this paragraph must be asserted in writing within thirty (30) days of
the date af the revision by the Artist.
l .8 Installation
a. Upon the City's final approval of the fabricated Artwork, as being in conformity with the Design,
the Artist shall deliver and install, or supervise the installation, of the completed Artwork to the
Site in accordance with the schedule provided for in Section 1.5(b) and Exhibit B. Transportation
fees shall be paid by the Artist.
b. The Artist will coardinate closely with the City tp ascertain that the Site is prepared to receive the
Artwork. The Artist must notify the City of any adverse conditions at the Site that would affect
or impede the installation of the Artwock, The Artist is responsible for the timely installation of
the Artwork. 7'he Artist will confer and coordinate with the City to ensure the timely
coordination with the City's constructian team. The Artist may nat install the Artwork until
authorized to do so by the City.
c. The Artist shall be present to install, or supervise the installation of, the Artwork.
d. Upon written acceptance of the installation, the Artwork shall be deemed to be in the custody of
the City far purposes of this Agreement.
e. Within �fteen (15) days after installation ofthe Artwork, the Artist shall furnish the City with the
following photographs of the Artwork as installed:
A set of three (3) digital, 300 dpi, ]PG or TIFF files, of the Artwork, one taken from each
of three different viewpoints, provided to the City on a CD-Rom or other memory device.
Photographs must be labeled with Che narne of the Artwork, the date upon which the
photograph was taken, and the viewpoint from which the photograph was taken. The
Artist shall also furnish the City with a full written narrative description of the Artwork.
f. Upon installation of the Artwork, the Artist shall provide the City with written instructions for the
appropriate maintenance and preservation of the Artwork along with product data sheets for any
material or finish used, attached as Exhibit E. The Artwork must be durable, taking into
consideration that th� Site is an unsecured public space that may be exposed to elements such as
weather, temperature variation, and considerable movement of people and equipment. The Artist
must ensure that all rnaintenance requirements will be reasonable in terms of time and expense.
The City is responsible for the proper care and maintenance af the Artwork.
1_9 Anbroval and Acceptance
a. The Artist shall notify the City in writing when all services as required of both parties by this
Agreement prior to this paragraph have been campleted in substantial conformity with the
Design.
b. The City shall promptly notify the Artist of its final acceptance of the artwork within fifteen (15)
days after the Artist submitted written notice pursuant to Section 1.9(a) above. The effective date
of final acceptance shall be the date the City submits written notice to the Artist of its final
acceptance of the Artwork. The fnal acceptance shall be understood to mean that the City
acknowledges completion of the Artwork in substantial conformity with the Design, and that the
City con�rms that all services as required of bath parties by this Agreement prior to this
paragraph have been campleted. Title ta the Artwork passes upon final acceptance and final
payment.
c. lf the City disputes that the services have been performed, the City shall notify the Artist in
writing of those services the Artist has failed to parform within fifteen (15) days after the Artist
submitted written notice pursuant to Section 1.9(a) above. The Artist shall promptly perform
those services indicated by the City.
d. If the Artist disputes the City's determination that not all services have been performed, the Artist
shall submit reasans in writing to the City within fifteen (15) days of the City's prior notifcation
to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in
good faith. However, final determination as to whether all services have been performed shall
remain with the City.
Upon the resolution of any disputes that arise under paragraphs (c) and (d) of this section the City
shall notify the Artist of its final acceptance of the Artwark pursuant to pazagraph (b).
f. After final acceptance of the Artwork, the Artist shall be available at such time(s) as may be
mutually agreed upan by the City and the Artist to attend any public meetings and community
outreach functians, as well as any inauguration or presentation ceremonies relating to the
dedication af the Artwork.
i. During such public presentations by the Artist, the Artist shall acknowledge the City's
role in funding the artwork.
The City shall be solely responsible for coordinating public information materials and
activities related to public presentations.
ARTICLE 2: TAXES
Any state or federal sales, use of excise taxes, or similar charges relating to the services and rnaterials
under this Agreement shall be paid by the Artist in a timely fashian. The City shall report payments made
to the Artist annually to the Internal Revenue I7epartment in a 1099 statement.
ARTICLE 3: TERM OF AGREEMENT
a. Duration
This Agreement shall be effective on the date that this contract has been signed by both parties,
and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until
final acceptance by the City under Section 1.8(b), or subrnission of final payment to the Artist by
the City under Exhibit B, whichever is later. Extension of time of performance hereunder may be
granted upon request af ane party and the consent of the other thereto, which consent shall not be
unreasonably withheld. Such extensian shall be in writing, signed by both parties, and attached to
the schedule under Section 1.5(b)(i), attached as Exhibit B.
b. Force Majeure
The City shall grant to the Artist a reasonable extension of time in the event that conditions
beyond the Artist's control render timely performance of the Artist's services impossible or
unduly burdensome. All such performance obligations shall be suspended for the duration of the
condition. Both parties shall take all reasonable steps during the existence of the condition to
assure performance of their contractual obligations whsn the condition no longer exists. Failure
to fulfill contractual obligations due to conditions beyond either party's reasonable control will
not be considered a breach of contract, provided that such obligations shall be suspended only far
the duration of such conditions.
ARTICLE 4: RISK OF LOSS
The Artist shall bear the risk of loss or damage to the Artwark until the City's final acceptance of
the Artwork under Section 1.9(b). These risks include, but are not limited to: theft; vandalism or
any act by a third party; damage caused by acts oF god, war or natural conditions/disasters; and
any loss occurring during the fabrication, storage, transportation, delivery and installation
regardless of where such loss occurs until the City's final acceptance of the Artwork. The Artist
shall take such measures as are reasonably necessary to protect the Artwork from loss or damage.
The City shall bear the risk of loss or damage to the Artwork prior to final acceptance only if,
during such time, the partially ar wholly completed Artwork is in the custody, contral or
supervision of the City or its agent(s) for the purposes of transporting, storing, installing or
performing other services to the artwork.
ARTICLE 5: ARTIST'S REPRESENTATIONS AND WARRANTIES
5.1 Warranties of Title
The Artist represents and warrants that, and hereby fully indemnifies the City for any infringements or
claims related to the following:
a. The Artwork is solely the result of the artistic effart of the Artist.
b. Except as otherwise disclosed in writing to the City, the Ar�work is unique and original and does
not infringe upon any copyright or the rights of any person.
c. The Artwork (or any duplicate thereo fl has not been accepted for sale elsewhere.
d. The Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the
Artwork or any element thereof or any copyright related thereta which may affect qr impair the
rights granted pursuant to this Agreement.
e. The Artwork is free and clear of any liens from any source whatsoever.
f. All Artwork created or performed by the Artist under this Agreement, whether created by the
Artist alone or in collaboration with athers, shall be whnlly original with the Artist and shall not
infringe upon or violate the rights o�any third party.
g. The Artist has the full power to enter into and perform this Agreement and to make the grax►t of
rights contained in this Agreement.
h. All services performed hereunder shall be performed in accordance with all applicable laws,
regulations, ordinances, etc. and with all necessary care, skill and diligence.
i. These representations and warranties sha11 survive the termination or other extinction of this
Agreement.
5�2 Warranties of Quality and Conditian
a. The Artist represents and warrants that all work will be performed in accordance with
professional "workmanlike" standards and free fram defective or inferior materials and
workmanship (including any defects consisting of "inherent vice," or qualities that cause or
accelerate deterioration of the Artwork for one (1) year aRer the date of final acceptance by the
City under Section 1.9(b).
b. The Artist represents and warrants that the Artwork and the matecials used are not currently
known ta be harmful to public health and safety.
c. The Artist represents and warrants that reasonable maintenance of the Artwork will not require
procedures substantially in excess af those described in the maintenance and preservation
recommendations submitted by the Artist pursuant to Section 1.8( fl.
d. If within one (l ) year the City observes any breach of warranty described in this Section 5.2 that
is curable by the Artist, the Artist shall, at the reyuest of the City, cure the breach prornptly,
satisfactorily and consistent with professional canservatian standards, at no expense to the City.
The City shall give notice to the Artist of such breach with reasonable promptness.
e. If after one (1) year the City observes any breach of warranty described in this Section S.2 that is
curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations
at a reasonable fee during the Artist's lifetime. The Artist shall have the right of first refusal to
make or supervise repairs or restorations. Shauld the Artist be unavailable or unwilling to accept
reasonable compensation under the industry standard, the City may seek the services of a
qualified restorative conservator and maintenance expert.
If within one (1) year the City observes a breach of warranty described in this Section 5.2 that is
not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses
and loss incurred by th� City as a result of the breach. Howev�r, if the Artist disclosed the risk of
this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a
breach for purposes of this Section 5.2 of this Agreement.
g. Acceptable Standard of Display
The Artist represents and warrants that:
General routine cleaning and repair of the Artwork and any associated working
parts and/or equipment will maintain the Artwork within an acceptable standard
of public display.
ii. Foreseeable exposuxe 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.
iii. With general routine cleaning and repair, and within the context of foreseeable
exposure to the elemettts 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.
iv. To the extent the Artwork incorporates products covered by a manufacturer's
warranty, the Artist shall provide copies of such warranties to the City. The
foregoing warranties are conditional and shall be voided by the failure of the City
to maintain the Artwork in accordance with the Artist's specifications and the
applicable canservation standards. If the City fails to maintain the Artwork in
good condition, the Artist, in addition to other rights or remedies the Artist may
have in equity or at law, shall have the right to disown the Artwork as the Artist's
creation and request that all credits be removed from the Artwark and
reproductions thereof until the Artwork's condition is satisfactorily repaired.
ARTICLE 6: INSURANCE
6�1 General
a. The Artist acknowledges that until final acceptance of the Artwork by the City under Section
1.8(b), any injury to property or persons caused by the Artist's Artwork or any damage to, theft
of, vandalism to, or acts of God affecting the Artist's Artwork are the sole responsibility of the
Artist, including, but not limited to, any loss occurring during the creation, storage, transportation
or delivery of the Artist's Artwork, regardless of where such loss occurs.
b. Terms for the procurement and duration of insurance as well as required insurance policies are
provided and described in Exhibit D.
c. The Artist shall, prior to the execution of this Agreement, provide certificates of insurance
evidencing Worker's Compensation, Employer's Liability, General Liability and Automobile
Liability insurance. 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 caverage to the City
not less than fifteen (15) days prior to the expiration date.
b.2 Indemnification
a. The Artist shall indemnify and hold free and harmless, assume legal liability for and defend the
City and its af�cers, employees, agents and servants, whether they are current or former, from
and against a11 actions, claims, liabilities, assertions of liability, losses, costs and expenses, in law
or in equity, including, but not limited to: attorney's fees at trial and appellate levels; reasonable
investigative and discavery costs; court costs; claims for bodily injury or death of persons and for
loss or damage to property, expect as provided herein, of every kind and nature whatsoever,
which in any manner directly or indirectly may arise or be alleged to have arisen from the
fabrication, transportation and/or installation of the Artwork as a result of the dutias and
obligations as required by this Agreement or that which has resulted or alleged to have resulted
from the negligent acts or omissions or ather wrongful conduct of, or the infringement o#' any
copyright by the Artist and/or their subcontractors, employees and agents in connectian with the
Artist's performance pursuant to this Agreement.
b. To the extent of Florida Statute 768.23, the City shall indemnify the Artist, Artist's
subcontractors, agents or emplayees from any claims brought arising out of a negligent breach of
this Agreement or any negligent occurrence which occurs pursuant to the perforrnance oithis
Agreement by the City, its respective officers, agents, and employees. Natwithstanding the
above, this provision shall nat be deemed a waiver of the doctrine of sovereign immunity or the
limits of Flarida Statute 7G8.28, and shall no way be construed as consent to be sued by third
parties.
Each party shall irnmediately notify the other of any written claim regarding any such matter
resulting from or relating to.the party's obligatians under this Agreement. Each party shall
cooperate, assist and consult with the other in the defense or investigation of any such claim
arising out of or relating to the performance of this Agreement.
d. This indemnification shall survive the termination or expiration of this Agreement.
e. Notwithstanding, any provision of this Agreement to the contrary, no party shall recover from a
party to this Agreement in an action, of whatever nature, in contract or tort, any consequential or
incidental damages, lost profits, or any type of expectancy damages.
ARTICLE 7: UWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
7.1 Title
Title to the Artwork shall pass to the City upon the City's written final acceptance and payment for the
Artwork pursuant to �xhibit F. The Artist shall provide tha City with a Trans%r oi Title in substantially
the form attached hereto as Exhibit F.
7.2 Ownershi of Dacuments
One set of presentation materials prepared and submitted under this Agreement shall be retained by the
City for possible exhibition and to hald for permanent safekeeping.
7�3 Copyright Ownership
The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. § 101 et seq., as the sole author of
the Artwork for the duration ofthe copyright.
7_4 Reproduction Ri�hts
a. In view of the intention that the final Artwork shall be unique, the Artist shall not make any
additional exact duplicate three-dimensional reproductions of the final Artwork, nor s}aall the
Artist grant permission to others to do so except with the written permission of the City.
However, nothing shall prevent the Artist from creating future Artworks in the ARist's manner
and style of artistic expression.
b. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional
reproductions of the Artwork for non-commercial purpases, including, but not limited to,
reproductions used in brochures, rnedia publicity, and exhibition catalogues or other similar
publications provided that these rights are exercised in a tasteful and professional manner.
c. All reproductions by the City shall contain a credit ta the Artist and a copyright notice in
substantially the following form: Copyright � Stephanie Huerta [date of completion].
d. The Artist shall use the Artist's best efforts in any public showing or resume use of reproductions
to give acknowledgment to the City in substantially the following form: "an original artwork
commissioned by the City of Clearwater's Public Art & Design Program."
e. The Artist shall, at the Artist's expense, cause to be registered with the United States Register of
Copyrights, a copyright of the Artwork in the Artist's name.
f. If the City wishes to make reproductions of the Artwork for commercial purposes, including, but
not limited to, tee shirts, post cards and posters, the parties shall execute a separate agreement ta
address the terms of the license granted by the Artist and the royalty the Artist shall receive.
g. Third Party Infringement
The City is not responsible for any third party infringement of Artist's copyright and is not
responsible for protecting the intellectual property rights of the Artist.
ARTICLE 8: ARTIST'S RIGHTS
8_1 General
a. The Artist retains all rights under state and federal laws including § 106A of the Copyright Act of
1976.
b. The City agrees that it will not intentionally alter, modify, change, destroy or damage the Ariwork
without first obtaining permission from the artist.
c. If any alteration or damage to the Artwork occurs, the artist shall have the right to disclaim
authorship of the Artwork in addition to any remedies the Artist may have in law or equity under
this contract. Upon written request, the City shall remave the identifcation plaque and all
attributive references to the Artist at its own expense within fourteen (14) days of receipt of the
notice. No provision of this Agreement shall obligate the City to alter or remove any such
attributive reference printed or published prior to the City's receipt of such notice. The Artist
may take such other action as the Artist may choose in order to disavow the Artwork.
8.2 Alterations of Site or Removal of Artwork
a. The City shall notify the Artist in writing upon the adoption of a plan or alteration of the Site
which would entail removal or relocation of the Artwork which might result in the Artwork being
destroyed, distarted or modified. 7'he Artist shall be granted the right of consultation regarding
the removal or relocation of the Artwork. If the Artwork cannot be successfully removed or
relocated as determined by the City, the Artist may disavow the Artwork or have the Artwork
returned to the Artist at the Artist's expense.
b. The Artwork may be removed or relocated or destroyed by the City should the Artist and the City
not reach mutual agresment on the removal or relvcation of the Artwork after a period not ta
exceed ninety (90) days after written notice to the Artist. During the ninety (90) day period, the
parties shall engage in good faith negotiations concerning the Artwark's removal or relocation.
c. In the event of changes in building codes or zoning laws or regulations that cause the Artwork to
be in conflict with such cades, laws or regulations, the City may authorize the removal or
relocation of the Artwork without the ArtisYs prior permission. In the alternative, the City may
commission the Artist by a separate agreement to make any necessary changes to the Artwork to
render it in conformity with such codes, laws or regulations.
d. If the City reasonably determines that the Artwork presents imminent harm or hazard to the
public, other than as a result of the City's failure to maintain the Artwork as required under this
Agreement, the City may authorize the removal of the Artwork without the prior approval af the
Artist.
�I'his clause is intended to replace and substitute for the rights of the Artist under the Visual
Artists' Rights Act of 1990 to the extent that any portion of this Agreernent is in direct conflict
with those rights. The parties acknowledge that this Agreement supersedes that law to the extent
that this Agreement is in direct conflict therewith.
ARTICLE 9: PERMANENT RECORD
The City shall rnaintain on permanent file a record of this Agreement and of the location and dispositian
of the Artwork.
ARTICLE 10: ARTIST AS AN INDEPENDENT CONTRACTOR
The Artist agrees to create and/or perform all Artwork under this Agreement as an independent contractor
and not as an agent or employee of the City. The Artist acknowledges and agrees that the Artist shall not
hold himself or herself out as an authorized agent of the City with the power to bind in any manner. The
Artist shall provide the City with the Artist's Tax Identification Number and any proof of such number as
requested by the City.
ARTICLE 11: NONDISCRIMINATION
The Artist shall not discriminate, in any way, against any person on the basis of race, sex, color, age,
religion, sexual orientation, disability, ethnicity or national origin, in connection with or related to the
performance of this Agreement.
ARTICLE 12: ASSIGNMENT OF ARTWORK
The Artwork and services required of the Artist are personal and shall not be assigned, sublet or
transferred. Any attempt by the Artist to assign this Agreement or any rights, duties or obligations arising
hereunder shall be void and of no effect unless prior written consent is given by the City. The City shall
have the right to assign or transfer any and all of the City's rights and obligations under this Agreemer►t,
subject to the Artist's consent, if ownership af the Site is transferred; if the Artist refuses to give consent,
this Agreement shall terminate.
ARTICLE 13: DE�'AULT AND TERMINATION
a. 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.
b. Either party may tern�inate this Agreement without recourse by the ather where performance is
rendered impossible or irapractical for reasons beyond such pariy's reasonable control such as,
but not limited to: acts of nature; war or warlike operations; invasion by extraterrestrial entity or
entities; superior governmental regulation or control, public emergency ar 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.
c. The City may terminate this Agreement without cause upon thirty (30) days written notice to the
Artist. The City shall pay the Artist far services performed and commitments rnade prior to the
date of termination, cansistent with the schedule of payments set forth in Exhibit B of this
Agreement. The Artist shall have the right to an equitable adjustment in the fee for services
performed and expenses incurred beyand those for which the Artist has been campensated to date
under Exhibit B with allawance for lost opportunities, unless the parties come to a settlement
otherwise.
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 thereupan have the right to terminate this Agreement by giving
written notice ta 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 Agreeraent shall terminate.
If the Artist defaults far cause other than death or incapacitation, the Artist shall return to the City
all funds provided by the City in excess of expenses already incurred. The Artist shall provide an
acc�unting of such. All finished and unfinished drawings, sketches, photographs and other
Artwqrk products prepared and submitted or prepared for submission by the Artist under this
Agreement shall be retained by the Artist. The City shall retain the right to have the Artwork
campleted, fabricated, executed, delivered and installed, however the Artist shall retain the
copyright in the Artwork and all rights under Article 7 and Article 8.
f. If the City defaults, the City shall promptly compensate the Artist for all services performed by
the Artist prior to termination. The City shall pay the Artist for services per�'ormed and
commitments made prior to the date of termination, consistent with the schedule of payments set
forth in Exhibit B. The Artist shall have the right to an quitable adjustment in the fee for services
performed and expenses incurred beyond those for which the Artist has been compensated to date
with reasunable allowance for lost opportunities. The Artist shall retain possession and title to
any studies, drawings, designs, maquettes and rnodels already prepared and submitted or prepared
for submission to the City by the Artist under this Agreement prior to the date of termination.
g. Upon notice of termination, the Artist and the Artist's subcontractors shall cease all services
affected.
ARTICLE 14: DEATH OR INCAPACITY
If the Artist becomes unable to complete this Agreement due to death or incapacitation, such death or
incapacity will not be deemed a breach of this Agreement or a default on the part of the Artist for the
purpose of Article 14. However, nothing in this Article shall obligate the City to accept the Artwork.
a. In the event of incapacity, the Artist shall assign the Artist's obligations and services under this
contract to another artist provided that the City, in the City's sole discretion, approves of the new
artist. Alternatively, the City may elect to terminate this Agreement. The Artist shall retain all
rights under Article 7 and Article 8. The Artwork and any reproductions thereof shall contain a
credit to the Artist and a copyright notice in substantially the following form: Copyright �
Stephanie Huerta [date of completion].
b. In the event of the Artist's death, this Agreement shall terminate the effective date of death. The
Artist's heirs shall retain all rights under Article G and Article 7. The Artist's executor shall
deliver to the City the Artwork in whatever form or degree of completion it may be at the time.
Title to the Artwor� shall then transfer to the City. However, the Artwork shall not be
represented to be the cpmpleted Artwork of the Artist unless the City is otherwise directed to do
so by the Artist's estate.
ARTICLE 15: NOTICES AND DOCUMENTS
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 when: (1) delivered by personal
delivery; or (2) five (5) business days after having been deposited in the U.S. mail, certified or registered,
return receipt requested, with suffici�nt postage affixed and prepaid; or (3) one (1) business day after
having been deposited with an expedited overnight courier service, such 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:
For the City: City Manager
City of Clearwater
112 South Osceola Avenue
Clearwater, FL 33756
For the Artist: Stephanie Huerta
2901 Corte del Pozo
Santa Fe, NM 87505
ARTICLE 16: WAIVER
The Parties agree that a waiver of any breach of violation of any term or condition of this Agreement shall
not be deemed to be a waiver of any other term or condition contained herein or a waiver of any
subsequent breach or violation of the same or any other term of condition.
ARTICLE 17: AUDIT
The City shall maintain records of all documents, notices, checks and other records required or produced
under this Agreement or related thereto. The Artist agrees to the maintenance of such records for archival
purposes. Such records shall be made available %r inspection or audit, at any time during regular
business hours, upon written request by the City. Copies of such documents shall be provided to the City
for inspection when it is practical to do so. Access to such records and documents shall also be granted to
any party authorized by the Artist, the Artist's representatives, or the Artist's successors-in-interest. The
City will comply with any open records law applicable to these records.
ARTICLE 18: CONFLICT OF INTEREST
The Artist and City shall avoid all conflicts of interest or appearance of conflicts af interest in the
performance of this Agreement.
ARTICLE 19: MEDIAT�ON
a. If, during the creation of the Artwork, its installation and subsequent existence, either party
breaches this Agreement, each party agrees to submit to mediation upon the request of the other
provided that the breach is not cured with a reasonable time under Article 13 paragraph c.
b. If an ambiguity arises regarding this Agreement upon which the parties cannot agree or a dispute
arises as to the cornpletion of a provision, the parties shall submit ta rnediation.
c. Each party agrees ta be responsible for its own attorney's fees except as otherwise provided by
law.
ARTICLE 20: AMENDMENTS
No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing
and signed by both parties hereto.
ARTICLE 21: CONFLICTS OF LAW
If any terrn, covenant, condition or provision of this Agreement, or the application thereof to any person
or circumstance, shall be held by a court af competent jurisdiction, azbitration panel or mediation
procedure to be in conflict with the laws, rules, and/or regulations of the United States or the State of
Florida, invalid, void, or unenforceable, the remainder of the terms covenants, conditions or provisions of
this Agreement, or the application th�ceaf to any person or circumstance, shall remain in full forc� and
effect and shall in no way be affected, impaired or invalidated thereby to the extent the rernainder of the
terms, covenants, conditions or provisions of this Agreement are capable of execution.
ARTICLE 22: CHOICE OF LAW
This contract shall be governed by the laws of the State of Florida. Any proceeding related hereto shall
be brpught and heard in Pinellas County, Florida.
ARTICLE 23: ENTIRE AGREEMENT
This Agreement, including the exhibits, comprises all of the covenants, promises, agreements and
conditions betwesn the parties. No verbal agreements or conversations between the parties prior to the
execution of this Agreement shall affect ar modify any of the terms or obligations.
ARTICLE 24: SURVIVING COVENANTS
The covenants and obligations set forth in this Agreement shall survive the design, fabrication,
transportation and installation 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.
ARTICLE 25: INTEPRETATION
This Agreement shall be interpreted under and in accordance with the laws of the State af Florida.
ARTICLE 2b: CONSTRUCT�ON OF AGREEMENT
This Agreement shall not be construed more strictly against one party than 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 thereaf.
ARTICLE 27: SEVERASILITY
If any provision of this Agreement is contrary to, prohibited by, or deerned invalid by applicable laws or
regulations of any j urisdiction 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 af this
Agreement.
ARTICLE 28: FURTHER ASSLiRANCES
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.
1N W ITNESS THEREOF, the parties hereto have caused this Agreement for Commission of Public
Artwork to be executed an the date �rst above written.
Approved as to Form:
Laura Mahony
Assistant City Attorney
Witness:
��
C1TY OF C1aEARWATER, FLQRIDA
: �/ � � � ' � '
William B. Horne II
City Manager
Attest:
Rose�narie Call
City Clerk
Artist:
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Stephanie Huerta
CITY 4F CLEAt�WATER
Pav �� C) W F N S T RAI N I N G FAC i L I TY
A�T CA1�PE h1TE R�QM ['LEX RFC�_
STEPHA.NIE HUERTA
SCU Ll'TQ R
Ju�E 1, �011
CITY C]F CL.�ARWA7�ER
f Al1L CIWENS TRAINING FACIL_I'TY
AT CARI'ENTER CC7M1'LEX RFCZ
S"T�I'HANIE HU�RTA � SGIJLI'�TOR
f R�f'C75AL
After much thought and consideration on how [ wanted to honor Puul
Owens with this memorial. I felt the most appropriate way is a classic
bronze bust on a granite base. A bronxe plaque with some of Paul Qwens'
biography will be attached to the front of the granite.
On the five foot wide wa116ehind the sculpture, there will be a three
or four foot bronze bas relief, possibly depicting the Phillies Liberty Bell
logo or more of Mr. Owens' history with thc PhilHes. This relief is open for
discussion, ideas and creative imagery.
Bronze has proven itself to be timeless in it's longevity and beauty. It
is a weather durable arid low maintenance materiaL Granite as well.
The simplest way for me to explain my concept is, "A classy man deserves a
classy mernorial." This piece will be accessible to th� public and crCale
gr�at photo opportunities. The addition afthe bronze relief for the wall will
bring together the memorial bust with the architecture, creating a flow of art
and design.
The proposed location for the bust would sit approximatcly six fcct in
front of the five foot wide wall where the bas relief wi Il be. This gives the
viewer the ability to walk around the ariwork and enjoy it's 3 dimensional
aspects. An option for landscaping would be to create another garden bed
around th� ba� of the sculpture to blend it with the existing planters. This
would l�e another way to marry the existing architecture and landscape to the
memorial. The finished product would seem as if it was designed into the
original plans ar�d creat� a beautifial environment for players and fans while
honoring the legacy of Paul Owens.
The photos ofthe clay bust represent my 3-D sketch f�r this pmject.
I did it this way to give you a feel of the classical qualities this type of
memorial has to of�er. The scale, the shape and the 3 dimensianal aspect.
1'r•r,�rra.�c�l, fac��,*c' ? r� f "?
The image of Paul 4wcns that I chose represents him at a younger age
in his long successful career. I chore it becau.ge it's a strong, vibrant im�ge
of him. The work being `in progress', leaves us the option of selecting
anvther photo of a different time period in his career if you chaose.
The fac# that so much of the initial work is done, creates a schedule
that makes it possible to k�ep your original installation dedication date of
December 201 l. I would need one more month to sculpt in the final details
and characteristics to bnng the sculpture to completion, during which time
the committcc, or someone who knew him well, is invitcd to fly to my Santa
Fe studio and critique the w�rk. Thi� can al� he accompHshed via vid�n
presentation. The foundry has committed to have the piece cast and ready
for delivery by the end of November 2011 for a December dedication
ceremony.
Thank you for the opportunity to participate in this project and [ look
%rward to working with you in the near future.
Stcphanie Huerta
Pau� Owens Memoria� �ust
Work i n Progr-ess by
StePhanie Huer-ta
Pau� Uwens Memoria� �ust
Work in Pro�ress 6y
Stephanie Huert�
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Materials Required to Care for �utdoor Bronze
Scu Iptures
•Wax - I recommend R�naissan�ce Wax or Trewax Brand Paste Wax for bronze
sculptures. Trewax� can be found at most hardware or auto stores.
Renaissance� can be ord�r�d from The Compleat 5culptor, www.sculpt.com.
•Brushes - Soft round bristle brushes, 1-2 inches for smalt srulpture, 2-3 inches
for lar�er bronze xulptures. Can use flat brushes also. Can b� synthetic or
natural bristle brushes. Brushes should be new and free from any dirt vr oil.
Chip brushes recommended.
•Buffing cloths - Clean cotton rags ta polish bronxe sculptures. Cloth baby
diapers work well for this or the back of a clean cotton t-shirt (cut out the
seams). Make sure to us� a low lint eloth to keep the bronze sculpture clean.
•Ne��er use solvents such as xylene or turp�ntine to clean bronzes, they will
strip the wax coatin� off and dama�e the patina on the bronze.
•Never use car waxes that m9ght have abrasiv�s in them. Use a wax
recammended for bronz�.
�Never use household detengents to clean 6ronzes. If water alone daes nat
work, use non-ionic or neutral deter�ent (available at most janitorial supply
stores) to remov� pollutants from the bronze. Make wre to mix the detergent
as r�cammended on the label in a non-metallic bucket. Make sure to rinse well.
Re�ommended Nlaintenan�e for Qutcbor Bronze Stulptures
-For outdaor bronzes twike a year is recommended. Humid or atidic areas
require three or four times a year.
TIMELiI�IE
� ]UIV E 1 ST MEETI I�IG
M ] U LY 22"" C LAY TO F O U N D l�Y
� NaVEMBER 2U11 BRONZE READYTD
BE SHiPPED T� CLEARWATER
� DECEMBER 2011 INSTALLATIQN,
DEDiCATiON CEREMONY
BUDGET
� DESIGN AIVD SCULPTING .......................8004
� BRONZE RELIEF FOR WALL & BR�NZE
DED[CATiOi� PLAQ_UE ..............................3000
-� FQUIVDRY CQST'S FOR BUST...APPROX. 1U,U00
� GRANIT'E BASE .......................................�000
� CRATING AND SHIPPING ..................EST. soo
� Ih1STALLATI4N .................................EST.1000
-� T�,vEL ...................................................1000
� T'O� LS & MATE RIALS . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .1 U00
� UNFOR�SE�N ..........................................3400
JUNE 1, 2011
JUNE 16, 2011
EXMIBIT B
SCHEDULE
Public Art 5election Panel convenes to select site-specific project artist
Public Art and Design Board review and approve cancept of praject artist
AUGUST 4, 2011 City Council review and approve concept of project artist
AUGUST 5, 2011
AUGUST G, 2011
AUGUST 12, 2011
Contract executed by praject artist and City of Clearwater
*Dispersal of first payment - $7,500.00*
*Dispersal of second payment - $7,500.00*
SEPT�MBER 1, 2011 Artist completes clay portrait for Paul Owens bust
SEPTEMBER 3, 2Q11 ArtiSt ships completed po�trait to Shidoni Foundry
SEP7EMBER 4, 2b11 *Dlspersal of third payment -$7,500.00*
DECEMBER 7.5, 2011 Shidoni Foundry completes bronze portrait
JANUARY 2, 2012 Completed bronze and pedestal 5hipped to installation site
JANUARY 11, 2012 Artwork, pedestal and other amenities installed
JANUAIiY 15, 2012 *Dispersal of fourth and final payment -$7,500.00*
EXWIBIT C .
BUDGET
Design and sculpting $8,000.00
Bronze relief far wall $1,500.00
Bronze dedication plaque $1,500.00
Foundry costs to create bronze bust $10,000.0�
Granite base $2,000.00
Crating and shipping $1,000.00
Installation $1,000.00
Travel $1,000.00
TaolS and Materials $1,000.00
Contingency (10% of project costs) $3,000.00
Total . $30,0OO.�a
EXHIBIT D
INSURANCE
The Artist shall place and maintain for the periods prior to, during, and after the creation, fabrication,
shipment and installation of the Artwork, and pay the tost thereof, the following insurance policies:
War Ca on a rr�
If the Artist has �mpbyees, the ,�r�l�t sk}�11 prpture and m�aintain statutory W�rla�r�s Compensation
Insurance and Employer's Llabjl9ty,;�asua��� with limits of na less than $500,000 p�er occurrence
far the jurisdiction wher� the wc�rk is 1�1�t� p��rmed'and pravide a waiver af sul�rogation against
the City. If the Artist has nv �rr�pl�y�es,e�s de�rned� by �lorida Statutes and Regulat�or�s, the Artist
sha�l submit a letter sta�ing �Chat �y ar�e �xerr�pt fran this requirement. 5aid I�tter is to be
incprparated into and b�came p���,di t�i� P�reement.
General Liability _I_nsurance:
The Artist shall procure and maintain General Liability insurance, with limits of not less than
$1,000,000 per occurrence, Combined 5ingle Limit for Bodily Injury and Property Damage,
including Contrattual Liability, Personal Injury, Projects and Completed Operations. The Artist shall
obtain such insurance prior ta transporting and installing the Artwork at the Site and name the City
as additionally insured on the policy.
:. , � . - � .�. � .�� �_. -
The Artist sha41 purchas� and mai�M��ir� �;+tcam+abile Liability Insuranc� with limits qf $500,�00
including cover�e for pw�n�d, nt��v�ipi�! a�+�d �ir�d uehicles as appiicable. 5uch �o+�era�e shall
� - , .; , ,.
r�main in force far tMose �im��;iwt;�ir�ir��t ��h�l� i� us�ed for transpnrtation, instal�atic►n,
modifi�ation, repair or,r�m�ava�c�F��� �r+1''�'►nr,p►'k,
�.
Certificates of Insurante�
ihe Artist shall, prior to the execution of this Agreement, provide tertificates of insurance
evidencing Worke�'s Compensation, Employe�'s Liability, General Liability and Automobile Liability
prior to the installation of the Artwark at the Site. If any insurante palicy is due to expire during
the period of installation, the Artist shall provide a tertificate of renewal evidenting the required
insurance coverage ta the City not less than fifteen (15) days prior to the expiration datF.
A`,� °� CERTIFICATE OF LIABILITY INSURANCE oBTEia`°zoii
THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CpNFERS NO RIGHTS UF'ON TWE CERTIFICATE MbLDER. TNIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NpT CONSTITUTE A CON'fRACT BETWEEN TME ISSUING INSURERISI, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HpLDER.
IMPORTANT: If the certificate holder is an A�DITIONALINSURED, the policylies) must be endorsed. If SUBROGATIONIS WAIVEb, subject to
the terms and conditions of the palicy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsementls).
PRODUCfR
NAME:
POULTON ASSOCIA'I'ES INC/PHS 1p�ONNo Ex��: (866) 467-8730 aic,Nol: �877) 90S-04S
470148 P:(866)467-8730 F:($77)905-0457 .
PO BOX 3� O 1�J RODECER
SAN ANTONIO TX 78265
INSURERI51 AFFqRDING COVERAGE NAIC #
INSUREP
STEPHANIE HUERTA S'I'EPH.ANIE HIIERTA
STUDIOS
2901 CORTE DEL POZO
SANTA FE NM 87505
irusuReRn: Sentinel Ina Co LTD
IN5UHER B :
INSURER C :
INSUHER p :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVI510N NUMBER:
7HIS IS TO CERTIFY THAT THE PPI.IGIES OF INSURANCE LISTED B6LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIpD
INPICATE�. NOTWITHSTANDING ANY REaUIREMENT, TERM OR CONDITION OF ANY GQNTRAGT OR QTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUE� OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI� CLAIMS.
/NSR TYPE OF /NSURANCE ���' EFF POLlCY EXP L/M!T$
LTR R WVD POL/GY M/MBER (MM�A/YYYYI /MM/PO/YYYYI
GENERAL 1/A8lLlTY EACH OCCURRENCE S 1 O � O O O Q
COMMERCIAL GENERAL LIABILITY PREMISES (Ee occurrence) � 1 r O O O� O O O
A CLAIMS-MADE � OCCUR MED EXP (Any one person) $ 1 O� O O�
X G�neral Liab 1� J� r7$M PKJ��O 08/04/2D11 08�04�2012 PERSONALB�ADVINJURY $ l� 0��� 0��
GENERAL AGGREGATE $ 2� O O O� O Q O
'L AGGR LIMIT PP S PER: PRODUCTS - COMP/OP AGG 9 2 r O O O� O O O
� PRq- � �OC $
POLICY u
AUTOMOB/L£ LlABlL/7Y COMBINED SINGLE LIMIT g
IEa accident)
ANV AUTO BODILY INJURV (Per person) S
ALL OWNE� AUTOS B0411.v INJURY (par accidentl $
SCHEDl1LED AUTOS
PROPERTY DAMAGE S
HIREb AUTOS (Per accident)
NON-OWNE� AUTOS . g
$
UMBREIlA LIAB OCCUR EACH OCCURRENCE 8
EXCE55 LlAB CLAIMS-MADE AGGREGATE S
�EDUCTIBLE S
RETENTION S S
WORXERS COMPENSATION WC STATU- OTH-
ANO EMfKpYERS' 1/AB1L/TY y� N T RY LIMIT EF
ANY PROPRIETpR/PARTNER/EXECUTIVE❑ N�A E.L. EACH ACCIpENT &
OFFIC ER/MEM 6ER EXCLUDE07
lMandarory in NHl E.L. DISEASE - EA EMPLOYE 8
If yes, describe under
UESCRIPTION OF OPERATIONS helow E.L. DISEASE - POLICY LIMIT S
PESCRMTI'ON OF OP£RA7pN$ / LOGATpN$ / VE/NCLES lAttech ACORD 101, Add�ond Remaik3 SchYnbk, i/ moi6 9pBCB i3 Nqui6dl
Those usual to the Tnsured's Operations.Certificate Holder i.s an Additional
Insured per the Business Liability Coverage Farm SS0008 attached to this
policy.
CERTIFICATE HOLDER CANCELLATIQN
SHOULD ANY QF THE ABOVE DESCRIBED POLICIES BE CANCELLED
CltY df Cl��.r'W8t@x' BEFORE THE EXPIRATION ❑ATE THEREpF, NOTICE WILL BE
Parks and Rec . Department DELIVEREp IN ACCORDANCE WITH THE POLICY PROVI510NS.
� O O S MYRTLE AVE AUTMDRl7£D pfPRESfN7'AT/VF t
CLEARWAT�R, FL 33756 ��it-�_ ��,[�
� 1988-2009 ACORD CORF'ORAiION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and Ipgo are registered marks qf ACORD
WAIVER
From: Stephanie Huerta
2901 Corte Del Pozo
Santa Fe, NM 87505
To: City of Clearwater
Parks & Recreation Department
100 S. Myrtle Av�nue
Clearwater, FL 3375f-5520
Attention: Christopher Hubbard, MA
Date: August 2, 2011
Let it be known that I am the sole installer and no individuals or employees
are assisting me in the installation ofthe Paul Owens Memorial Project.
r �
Stephanie Huerta, Artist
August 2, 2011
S. l� F I' l� A N I�: H U E R T A--� l� t N[_. n R"I' I S-T.
?`)Ol CORTE DEI, f'O7_(7 - SnN'�I�A F;r, NFW Mf;Xlt:(7 87505
�05-577-�3i27 f-� S�T�CI'HAN1FHl.)ERTAc�i'En1�I-I-ILINK.N�=�f1-
www.stephaniehuerta.com