PSTA ART PROJECT AT CLEARWATER MULTIMODAL CENTER MEMORANDUM OF UNDERSTANDING PSTA ART PROJECT AT CLEARWATER MULTIMODAL CENTER
MEMORANDUM OF UNDERSTANDING
Tl, is Memorandum of Understanding (Agreement) is entered into on this 2-9— day
of, , 2024, by and between the PINELLAS SUNCOAST TRANSIT
AUTHO ;I , an independent special district ("PSTA"), with its principal place of business
located at 3201 Scherer Drive North, St. Petersburg, FL 33716, and the CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida with its principal
place of business located at 600 Cleveland Street, Suite 600, Clearwater, Florida 33756 (the
"City of Clearwater") (collectively referred to as the "Parties").
WHEREAS, PSTA and the City of Clearwater entered into an Exchange Agreement,
pursuant to which the City conveyed the property at 701 Court Street, Clearwater, Florida to
PSTA for the purpose of constructing a new, multimodal transit center ("PSTA's Multimodal
Transit Center"); and
WHEREAS,Clearwater Development Code Section 3-2405,provides for public art and
design allocations for private construction projects and development, encourages all projects
and developments to allocate not less than one percent of the aggregate job value up to the sum
of$200,000 per project for the provision of public art; and
WHEREAS,PSTA and the City of Clearwater wish to collaborate on the process
of selecting a piece of public art to be on display at the new PSTA's Multimodal
Transit Center; and
WHEREAS,the City of Clearwater has an established process in place to initiate a call
to artists using the subscription service CaFE Platform and to evaluate submissions by a diverse
panel of stakeholders; and
NOW, THEREFORE, the Parties for and in receipt of the mutual promises and
consideration described herein, hereby mutually agree that:
1. RECITALS. The above recitals are true and correct and, together with all
exhibits, are incorporated herein by reference.
2. The City of Clearwater agrees to do the following:
A. The City of Clearwater agrees to put out a"call to artists" using the City of
Clearwater subscription to"CaFE"for a piece of public art for display at
PSTA's Multimodal Transit Center.
B. The City of Clearwater will pay the associated costs with putting out a
"call to artists"on the"CaFE" platform with the understanding that PSTA
will reimburse the City of Clearwater for these expenses within forty-five
(45)-days. The estimated expense for placing the"call to artists"is $500
based on receiving 275 entries. Both parties agree the expense will not
[A02-00334 /283486/11 Pagel of 4
exceed$750 for each call to artist and that neither party agrees to pay any
amount over and above$750 for the call to artists.
C. The City of Clearwater Arts and Cultural Affairs Manager will establish a
"blind"review panel to review artist submissions,whose submissions will
be anonymous. Unless the Parties waive a requirement in writing,the
composition of the panel must be approved by PSTA,but at a minimum
will include the following:
1. City of Clearwater Arts and Culture Affairs Manager;
11. At least one representative from the City of Clearwater Art and
Design Board;
iii. At least one representative from the Clearwater Arts Alliance
Board; and,
iv. One or more representatives from PSTA at the discretion of
PSTA.
D. The review panel will make a recommendation(s)for an artist(s)and art.
The ultimate decision on the artist and art selected will be solely the
decision of PSTA.
E. The City of Clearwater agrees to provide the assistance of its staff in
procurement and selection of the artist and art "in-kind"(without
compensation)to support this agreement.
F. The City shall promptly review any applications for applicable permits that
are necessary for the public art at PSTA's Multimodal Transit Center and
issue said permits and orders in compliance with all applicable City codes,
rules and regulations,at no charge to PSTA.The Parties recognize that
PSTA is exempt from such charges pursuant to Section 7,Chapter 2000-
424,Laws of Florida.
3. PSTA agrees to do the following:
A. PSTA agrees to provide the City of Clearwater any information necessary
for the City of Clearwater to place the"call to artists."
B. The PSTA agrees to reimburse the City of Clearwater the costs associated
with placing the"call to artists"on"CaFE" through the City of Clearwater
subscription as provided in Paragraph 4 below. The estimated cost
associated with the"call to artists"is$500. It is agreed the cost will not
exceed$750 and that PSTA is responsible for this cost up to $750.
C. PSTA agrees to participate in a"blind"review panel(the artists will be
anonymous) coordinated by the City of Clearwater Arts and Culture
Affairs Manager. PSTA must approve the composition of the review
panel. The review panel will include representation of the City of
[A02-00334 /283486/11 Page 2 of 4
Clearwater Arts and Cultural Affairs Manager, a representative from the
Clearwater Public Art and Design Board, a representative from the
Clearwater Arts Alliance,and representatives from PSTA as determined
by PSTA.
D. The panel will make recommendations, but PSTA will make the final
selection,if any.
E. If PSTA selects an artist and art work,PSTA will be responsible for
negotiating with the selected artist and managing the contract and process
for purchasing and commissioning the art. PSTA will be responsible for
making all commission payments and fees paid to the selected artist.
4. PAYMENT. City of Clearwater will send an invoice to PSTA at the completion
of the call to artists. PSTA shall remit payment within forty-five (45)-calendar
days.
5. TERM;EFFECTIVE DATE. This Agreement shall take effect on the first date
above written and shall terminate at the completion of the installation of the
art work selected by PSTA.
6, REPRESENTATIONS AND WARRANTIES. The Parties represent and
warrant that they are authorized to enter into this Agreement without the
consent or joinder of any other person or entity and that the individuals
cxecuting this Agreement have full power and authority to bind their respective
parties hereto.
7. ELECTRONIC SIGNATURES; COUNTERPARTS. This Agreement may be
executed by electronic signature technology and such electronic signature shall
act as the Parties' legal signatures on this Agreement and shall be treated in all
respects as an original handwritten signature. This Agreement may be executed
in one or more counterparts,any one of which need not contain the signatures of
more than one party,but all such counterparts taken together will constitute one
and the same instrument.
8. TERMINATION: Either party may terminate this Agreement by providing the
other party 15 days' written notice.
[A02-00334 /283486/11 Page 3 of 4
IN WITNESS WHERE OF, the Parties have caused this Agreement to be executed
as of the date first above written.
PINELLAS SUNCOAST TRANSIT AUTHORITY
—Zf C1 dt—
By:
Brad Miller, Chief Executive Officer
Attest:
ecu lviwssi an
App r vcd a t -Form:
r
Alan S. Zimmet',Esq. General Counsel
CITY OF CLEARWATER,FLORIDA
By:
Jen or P r1•ier,City Manager
Attest: Approval as to Form:
e
C/
Rosemarie Call, MPA, CMC David Margolis, Esq.
City Clerk - City Attorney
[A02-00334 /283486/11 Page 4 of 4