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ART AWARD AGREEMENTART AWARD AGREEMENT This Art Award Agreement is made and entered into this day of July 2024, by and between the City of Clearwater "City", property owner of record of 300 Cleveland St. Clearwater, FL 33756 including all structures on that property and Taylor Smith a private artist "Artist", and collectively as the "Parties". 1. Purchase and Acceptance. a. Within fifteen (15) days of the execution of this Agreement, the Artist shall submit to the City the design concept ("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 (Exhibit A). b. Within fifteen (15) 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, 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 applicable laws, ordinances, and/or regulations and other reasons including, but not limited to, ensuring the physical integrity of the Artwork or its installation at the Site. If agreed upon by both Parties, such revisions will become part of the accepted Design. c. Upon approval of the Design, the Artist hereby conveys by sale the Artwork, and its legal title, to the City, and the City hereby accepts the Artwork under the terms, qualifications, and conditions as set forth in this Agreement. The Artist certifies that the Artwork is a unique work of art created by the Artist and is not subject to third party claims of royalties, or copyright or trademark infringement. The Artist intends by this sale to relinquish all rights with respect to such Artwork. d. The City of Clearwater agrees to the Artwork purchase price of $21,200.00 (twenty-one thousand two hundred dollars). e. The schedule of payment shall be as follows: At the commencement of this Agreement, the Artist shall invoice the City for $10,600.00 for the purchase of supplies and materials. Upon completion of the inside mural, the artist shall invoice the City for a second payment of $3,000. At the completion of all Artwork including the outside north facing wall of the Dockmasters Office and public restroom, the Artist shall invoice the City for the remaining $7,600.00 and include finished photos. f. The Artist shall notify the City in writing when all services as required by this Agreement, have been completed in substantial conformity with the Design. 1 g. The City shall promptly notify the Artist of its final acceptance of the Artwork within fifteen (15) days after the Artist submitted written notice under Section 1(f). 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 final acceptance shall be understood to mean that the City acknowledges completion of the Artwork in substantial conformity with the Design, and that the City confirms that all services as required of both Parties by this Agreement prior to this paragraph have been completed. Title to the Artwork passes upon final acceptance and final payment. 2. Agreement Period. This Agreement shall commence on the date above written, and all Artwork must be completed and fully installed by December 30, 2024. 3. Removal or Relocation. All Artwork shall be installed no later than December 30, 2024, and maintained on the property until December 30, 2029, by the City. The Artwork shall not be altered, modified, relocated, or removed for a period of five (5) years from date of completion. After this time, and pursuant to 17 U.S.C. §106(e)(1), the Artist specifically waives any protections afforded to the Artist under 17 U.S.C. §106A(a)(3) with respect to the Artwork and the uses of the Artwork as described in this agreement. Artist also specifically acknowledges that removal of the Artwork from the property may subject the Artwork to destruction, distortion, mutilation, or modification. In addition, in the event there is a condition or accident that occurs outside the reasonable control of the City, such as an act of God, resulting in damage or destruction of the Artwork, then the Artwork may be removed or replaced. At any time after the execution of this Agreement, the City may request that the Artwork be removed from the site due to hardship, and the Artist and the City will consider that request in good faith. 4. Installation Requirements. a. The Artist shall be solely responsible for all labor, travel, and materials costs associated with building, transporting, and installing the Artwork. b. The Artist shall install the Artwork subject to the following performance standards: i. The Artist shall submit a design for approval from the City prior to installation; and, ii. The Artist shall install a UV / topcoat cover over the finished artwork that protects the work from sun damage for a minimum of five (5) years. c. The Artist shall coordinate all Artwork installation requirements with the City's appointed artist liaison in order to ensure that there is cooperation and cohesiveness in the incorporation of the Artwork into the building, as so that there shall be the least amount of interference between the Artist and the City. d. The Artwork shall be installed in conformance with all applicable Building Regulations and Community Development Codes in the City of Clearwater and must be able to withstand Florida sub -tropical weather conditions. Artists are responsible to ensure a safe environment while their work is in progress and shall have, prior to the commencement of work under this agreement at all time during said work, all required licenses and permits whether federal, state, County, or City. e. The risk of loss and damage during construction and installation shall be borne solely by the Artist. 2 f. If the installation costs of the Artwork (mural only) significantly increase or decrease during the term of this agreement, upon written documentation of the same, the cost of the Artwork or the Artist's fee may increase or decrease accordingly, upon written approval by the City. 5. Insurance. The Artist agrees to maintain in force a liability insurance policy in an amount acceptable to the City which will insure and indemnify the City from any suits, claims, or actions brought by any person or persons and from any and all costs of litigation brought against the Artist, and the City for such injuries to persons or damage to property occurring during the agreement or thereafter that results from performance by the Artist of the obligations set forth in this agreement. The City shall be included as "additional insureds" on such policy. (Exhibit B) 6. Maintenance. The City agrees to maintain the completed Artwork to keep its original design and color palette, and clean and free of any distortions or defects resulting from normal wear and weather exposure for five (5) years from date of completion. The maintenance schedule shall be annual. The City will maintain the Artwork on the property in the manner contemplated by this Paragraph. 7. Records. The Artist shall keep such records as are necessary to document the performance of the agreement and give access to these records at the request of the City. 8. Notice. Notice, when required herein, shall be deemed properly given and complete when provided by personal delivery, or upon five (5) days after mailing U.S. first class mail, postage prepaid to the following addresses, or to any other updated address which may have been provided in writing from one party to the other: Artist: Taylor Smith 5705 Post Oak Blvd. Apt 209 Wesley Chapel, FL 33544 City: City of Clearwater Attn: Amber Brice 600 Cleveland St, Suite 600 Clearwater, FL 33755 Each party shall ensure that the other party is properly notified in writing of any revisions or updates to these addresses. 9. Termination for Breach. The City may immediately terminate this agreement for any breach of the terms herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants contained herein shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the City from declaring a forfeiture for any succeeding breach of the same conditions or of any other conditions. 10. Indemnification. Subject to Florida Statutes Section 768.28, the Artist agrees to indemnify, defend and hold harmless the City and any of its directors, officers, employees, agents, assigns from and against any and all claims, losses, demands and expenses, including but not limited to, attorney's fees and cost of litigation, on account of bodily injury, including death, or property damage arising out of or in any way connected to the construction, installation and Artist's maintenance of the Artwork, if any, as required under this Agreement. Nothing contained herein is intended to serve as a waiver by the City of its 3 sovereign immunity, to extend the liability of the City beyond the limits set forth in Section 768.28, Florida Statutes, or be construed as consent by the City to the sued by third parties. 11. Entire Agreement. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the City and the Artist. 12. Consent to Jurisdiction. This agreement, its performance, and all disputes arising hereunder shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Pinellas County. The Parties have caused this Agreement to be signed in its corporate/legal name by its authorized representatives or persons authorized to execute this Agreement on the date and years first above written. PROPERTY OWNER City of Clearwater Lit Daniel Slau: r r Assistant City Manager Date D 4 ACCR �® ��CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/01/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. 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). PRODUCER Next First Insurance Agency, Inc. PO Box 60787 Palo Alto, CA 94306 CONTACT NAME: PHONE (855) 222-5919 FAX (A/C. No. Ext): (A/C, No): E-MAIL ADDRESS: support@nextinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: State National Insurance Company, Inc. 12831 INSURED Taylor Smith Dreamweaver 5705 Post Oak Blvd Wesley Chapel, FL 33544 INSURER B : NXTL4P4J3V-01-GL INSURER C 11/17/2024 INSURER D : $1,000,000.00 INSURER E : $100,000.00 INSURER F : COVERAGES CERTIFICATE NUMBER: 952488959 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDYYY) POLICY EXP/Y (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X NXTL4P4J3V-01-GL 11/17/2023 11/17/2024 EACH OCCURRENCE $1,000,000.00 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000.00 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000.00 PERSONAL &ADV INJURY $1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 GE X 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000.00 $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Certificate Holder is City of Clearwater. This Certificate Holder is an Additional Insured on the General Liability policy per the Additional Insured Automatic Status Endorsement. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CELLATION City of Clearwater Cultural Affairs PO Box 4748 Clearwater, FL 33758 I LIVE CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ❑ ❑ 0 114• it-' ., 9 r -'r '{ .:. �'`''', �{ 423.1. �.ir r c'7f'c.r ''' . : 77A f i1 .. AUTHORIZED REPRESENTATIVE & cap— Click or scan to view ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Coachman Park Dockmaster's Office Mural Proposal Taylor Smith l Dreamweaver dreamweavin. murals (&,gmail. com www. we avindreams. c orn City of Clearwater Arts & Cultural Affairs Coachman Park - Dockmaster's Building www.myclearwater.com Project Description Exterior wall mural on Dockmaster's Building in Coachman Park + interior office mural along soffit. Dimensions - 1,500 sqft total (interior + exterior walls) Project Commencement Dates July 29th, 2024 interior portion Sept. 2024 exterior portion Budget ($15/sqft mural rate): $21,200 Includes artist fees, project materials, equipment rental, lodging, documentation + UV protective clear coat. Dockmaster's Building Mural Designs: Features sea turtle, corals, oyster and clam shells + colorful reef fish. Lively, immersive, and vibrant - this mural celebrates creativity and imagination and highlights the beauty of our south Florida waters. Interior Wall Mural: 7/22/24, 9:59 AM Mail - Brice, Amber - Outlook https://outlook.office365.com/mail/inbox/id/AAQkAGExOGJjNWNkLTcyNWMtNDY2Yy1 iZTUzLTBhYjAwNzcxMTc4ZgAQAEYw73n4cWIFhVsLIX315bk%... 1/1