ART AWARD AGREEMENT (5) ARTAWARD A(;RFVNMFN1'
J'his Art Avard A,Treernenl i,;mmdv and c,jjrerr-(j int(Y this I I th da,% of -,Vigist 202W by-.in(] belwc-en
the Cits of ("Icallvater I'Vit-,),propertv owrker of'record of the Clear%ater Main LibrarN localed F?l 100 N
Oweola Ave.Cleat-w;sTe!., H 13"S5, and Marian Tagliarino("Artist",-)a private artier.
Purchase and A�:(e ance.
a, 'I he Artist lkerebconve\, by sale the Arivoirls, air(,] its legal title,to the Uit;, arid the City Beds-by
A.AcA
cepts tire rIVVork under the lcrnis;,qualifications,arid conditions,as set forth in this A.r,cereCTIt.
o
lie Artisl certifi(,that the :%riwork is a unique work of art created by the Artist anti is riW
t( tjard party claims ofrovalfies,or copyright or tradernark iriffingernent,'The Artist intends by Ellis
sale to relinqUish all rights(with the exception ot'copyright61)with respect to such Artwork.
b,, Within mo t 1\wceks of receiving the Library's curated digital archival phoicks,historical materials,
and approved word list and a copy of the completed Art Award Agreement, Artist will ernad two
(2) digital conipositicrn mockup,; showing the proposed layout and photo arrangenlent of file
Artwork. 1-he Library will review and provide feedback and or approval within two t2) busiriess
days.
c. Fhe City of Clearwater agrees to the Artwork purchase price of 52,600.00.
d, 'I'lie schedule of pay ment shall be as follow'S:`I'lie Artist shall provide one(WFIFF file and one(1)
J11,G of, tile completed Art\Nrork within three weeks of the approval of the inc)ckups b' the
Library. 'I'lie Artist "ill be paid in full upon the delivery of the flFF file, JPG file, and original
physical collage to the(Acarwater.Main Library. Fees associated with defivm of file shall be paid
by the Artist. Photographs rriust be identified with the name of the Artwork and are date upon which
tire: photograph was taken. Within three"eeks of the approval of the rnockLlps by 'lie Library, the
Artist shall deli%er the phNsical original Artwork to the City.
2, A_grtLL
!IjAgr Period.'I'his Agreement:Miall continence on the data above written,and the completed digital
files of the artwork must be delivered within three weeks of the approval of the mockLIPS b-V ffie Libniry'-
MajuleriaTice. Fhe City agrees to mairitain are completed Artwork to keep its original design and color
palette, and clean and free ofar* distortions or-defects resulthlp�frorn normal wear arid -weather exposure
nk! three a 3 )'cars froril date ot,(,,ojjjpleti(_)rj. 11he City will maintain the Artwork on the property in the
Mariller C011telliplated ley this llak,agraph,
Kecord,, I jw Artist `hall klc,ep such records Lis are necessar,, to document the Pei the
agrecToerit and gl c acce,,;to thr"se records at the reque-A of!lie( :W,
.1
., ot:cl-_ NI
ot cc, elicr, required herein, shall be derated properly at d colriplete Mien prowidcd wys
persaa (i q�I pw Eqy, gar dal ter, s a i ng t I.S, first c I ass it iai 1, po,aage pre=paid t, rids= lo. sing
ad, or Io arty o1i let i jpda,od a(h it c-,; Vd I I iC I 1 11 WO have". bect 1 pl-0'l ided r 11 k,t t I I e i I oin orle pat it tea t!Ic
Marian T'agllarino)
4-0 1 st Street NF.,Apt n230
Saint Petersburg [,T 33703
Cit-,: Clear%kaley Main lAbrar%
Attn: Jennifer Obermaier
100 N Osceola Avenue
Ocarwater, H, 13' 55
Fach party shall ensure that the other pail-, is properly notified in writing of any revisions or updates to
these addresses.
6.'I ennination for Brei ach.The City may immediately terminate this agreement for any,breach of the ternis
herein. Such Termination shall take place immediately upon receipt of written notice of said termination.
Ani, waiver of anv breach ofcoveriants,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 conditioms or of any other conditions.
7. indemnification. Subject to Florida Statutes Section 768.28,the Artist agrees to indemnify,defend and
hold harmless tire City and any of its directors, officers, employees, agents, assigns from and against any
and all claims, 14..-)sses, dernands and expenses, including but riot limited to, attorney's fees and cost of
litigation, or accourit of any copyright, trademark or other intellectual property claim related to the
purchased art- Nothing contained herein is intended to serve as a waiver by the City of its sovereign
immunity,to extend the liability ofthe Cit-, beyond the limits set forth in Section 768.29, Florida Statutes,
or be construed as consent by the City to the sued lty third parties.
8, FrItire Age 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 Cqv and the Arlist,
9. Cottsent to Jurisdiction. This agreement, its performance, and all disputes arising hereunder shall be
governed by the larks of the State of Florida, and both parties agree that the proper venue for any actions
shall be in Pinella,,..,, Count, .
(sig�narures on joliou ing page I
flie parlic�hercto have exectacd this agreement to have effect as of the dav sawed year first written above,
A R,I,IS,rl,:
4/011
Marian'I Date
CITY 01- CLEARWAIER:
O�UAAm 8/11/2026
Jen,ifer(, mier Date
(�,rp,-Im
Librt, Director
Approved as to form:
Senior Assistant City Attornei,