Item 8DAGENDA ITEM # 8D
MARCH 24, 2008
CITY COMNIISSION MEETING
STAFF REPORT
AGENDA ITEM: Authorization for the Mayor to Sign an Agreement with the Atlantic
Beach Public Arts Commission, Inc to take over Responsibility for
Agreements with the City of Jacksonville and Artist for Purchase of
Sculpture
SUBMITTED BY: Jim Hanson, City Manager
DATE: March 17, 2008
BACKGROUND: Recently, the City Commission approved the expenditure of city funds for
purchase of a statue to be located at the Five Points Intersection. This
project is presently underway based upon two agreements by the Atlantic
Beach Public Arts Commission, Inc. (Arts Commission). These include an
agreement with the City of Jacksonville to provide funding for $50,000 and
an another with the artist to purchase and deliver the sculpture. City staff, in
discussions with the City Attorney, the Jacksonville General Council's
Office, and the Arts Commission, has concluded that the best way to
complete the project is for the City of Atlantic Beach to take over most of the
remaining responsibilities of the Arts Commission for this project. The one
remaining responsibility of the Arts Commission will be to raise the
remaining funds needed for installation of the statue once it is delivered to
Atlantic Beach.
To accomplish this transfer of responsibilities requires that two agreements
be signed. The first is an amendment to the previous agreement between the
Arts Commission and the City of Jacksonville to remove several provisions
that will not longer be applicable, such as payment of taxes. This agreement
is not to be signed by Atlantic Beach, but merely becomes an attachment to
the second agreement. This second agreement is an "Assignment of
Agreements" between Atlantic Beach and the Arts Commission. This
agreement has been prepared by our City Attorney and is ready for the
Mayor's execution.
BUDGET: The total estimated cost for the purchase and installation of the sculpture is
$115,000. The City of Jacksonville has already paid $50,000. The City of
Atlantic Beach has agreed to put in $45,000. The remaining $20,000 is to be
raised by the Atlantic Arts Commission.
RECOMMENDATION: Authorize Mayor Meserve to execute the assignment of agreements on
behalf of the City of Atlantic Beach.
ATTACHMENT: 1) Assignment of Agreements
AGENDA ITEM # 8D
MARCH 24, 2008
PREPARED BY:
Alan C. Jensen, Esquire
P.O. BoY 50457
Jacksonville Beach, FL 32240
ASSIGNMENT OF AGREEMENTS
THIS INDENTURE made and entered into this day of , 2008, by
and between ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC., a Florida not-for-
profit corporation, ,Atlantic Beach, Florida 32233 (hereinafter
"Assignor"), and CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole
Road, Atlantic Beach, Florida 32233 (hereinafter "Assignee").
In consideration of the sum of Ten and 00/100 Dollars ($10.00), and other good and
valuable consideration paid by Assignee, the ,receipt and sufficiency of which are hereby
acknowledged, Assignor has granted, :assigned and transferred to Assignee all of its right, title and
1
interest in and to that certain A~reament Between City of Jacksonville and Atlantic Beach Public
Arts Commission. Inc., dated March _, 2008, a copy of which is attached hereto as Exhibit "A",
and that certain Agreement, dated May 2, 2007, between Kristen Visbal and Atlantic Beach Public
Arts Commission, Inc., a copy of which is attached hereto as Exhibit "B".
Assignor covenants that it is the lawful and sole owner of the interests assigned hereunder,
that the interests assigned are free from all encumbrances, and that Assignor has performed all
duties and obligations required of it under the terms and conditions of the Agreements.
Assignee accepts the assignment of the Agreements attached hereto and agrees to perform
all obligations to be performed by Assignor under the Agreements according to the terms and
conditions stated therein, except that Assignor retains the responsibility for raising all additional
funds necessary to pay the Project Costs as referenced in Exhibit "A" attached hereto.
AGENDA ITEM # 8D
MARCH 24, 2008
IN WITNESS WHEREOF, the parties have set their hands and seals on the date first
above written.
SIGNED AND SEALED IN OUR PRESENCE:
Witness print name:
Wifiess print name:
Witness print name:
Witness print name:
ATLANTIC BEACH PUBLIC ARTS
COMMISSION, INC.
By:_
ItS
CITY OF ATLANTIC BEACH, FLORIDA
By:
James R. Hanson, City Manager
Attest:
Donna Bussey, City Clerk
AGENDA ITEM # 8D
MARCH 24, 2008
AGREEMENT
BETWEEN
CITY OF JACKSONVILLE
AND
ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC.
THIS AGREEMENT (KAgreement"), by and between the CITY OF
JACKSONVILLE, a municipal corporation and political subdivision of the State of Florida
("COJ") and the ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC., a Florida not-
for-profit corporation ("ABPAC"), is made and entered into this day of
2008, and is retroactive to October 1, 2007. '
WITNESSETH:
WHEREAS, COJ has made funds available to ABPAC to provide funding for a portion
of the costs to: (i) purchase a sculpture entitled In Search of Atlantis by Kristen Visbal (the
"Sculpture"); (ii) prepaze the site for installation of the Sculpture; and (iii) install the Sculpture
(collectively the "Project Costs"), all as more particularly described in Exhibit A hereto, such
Sculpture to be located on the western end of the 300 block of Plaza. Drive in Frailer Pazk, at the
five way stop, across the street from the Fire Department and City Hall, Atlantic Beach, Florida
32233, which property is owned by the City of Atlantic Beach and dedicated for public use
("Premises"); and
WHEREAS, funds in the amount of $50,000.00 have been provided by COJ in
accordance with § 106.315, Ordinance Code of City of Jacksonville ("Ordinance Code"), a copy
of which is attached hereto and made a part hereof as Exhibit B (the "COJ Appropriation"), and
have been paid to Kristen Visbal by ABPAC; and
WHEREAS, the City of Atlantic Beach has agreed to provide funds in the amount of
$45,00.00 to the Project Costs and ABPAC has assumed the responsibility for raising all
additional funds necessary to pay the balance of the Project Costs, which is in excess of $15,000;
now therefore
IN CONSIDERATION of the mutual promises contained herein and for other good and
sufficient consideration, the parties agree that:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by
this reference, are incorporated herein and made a part hereof.
2. Effective Date. This Agreement was made and entered into this day of
is retroactive to October 1, 2007, and shall continue in full force and effect
until installation of the Sculpture is complete, unless terminated earlier as provided in this
Agreement.
Page 1 of 8
AGENDA ITEM # 8D
MARCH 24, 2008
3. Assistance with Purchasing Sculpture. COJ has provided $50,000, the full
amount of the COJ Appropriation, to ABPAC with the understanding that COJ will not have any
obligation to maintain, repair, or support the Sculpture during construction or at any time
thereafter, and that COJ will have no ownership interest in the Scuplture whatsoever.
4. ABPAC Compliance. ABPAC shall comply with all federal, state, and local
laws, rules, regulations, and ordinances in connection with the acquisition and installation of the
Sculpture. ABPAC shall also comply with bond covenants and restrictions of COJ, as more
specifically set forth in Section 9 of this Agreement, with respect to ABPAC's receipt of the COJ
Appropriation under this Agreement.
5. COJ Representative. Pursuant to § 106.315(a)(2)(i), Ordinance Code, COJ's
Department of Recreation and Community Services shall be responsible for overseeing,
administering,., and implementing this Agreement. The contact person in the Department of
Recreation and Community Services is Vanessa Price.
6. Accounting/Report. ABPAC shall provide the Department of Recreation and
Community Services and the Council Auditor with a full accounting/report. Such
accounting/report shall be in a form approved by the Council Auditor and shall include, but not
be limited to, copies of all invoices and checks. Such accountinglreport shall be submitted
within thirty (30) days after the day and year first above written and shall continue at thirty (30)
day intervals until this Agreement expires or otherwise terminates. The parties agree that the
COJ Appropriation shall be applied to the cost of the acquisition and installation of the
Sculpture, which Project Costs are in excess of $115,000.00. Notwithstanding anything to the
contrary in this Agreement, at any time during the term of this Agreement and for a period of
two (2) years thereafter, the Council Auditor shall have the right to audit ABPAC's records with
respect to all matters related to this Agreement.
7. Maximum Indebtedness. COJ shall be indebted under this Agreement to the
maximum amount of $50,000.00, which sum has already been paid to ABPAC.
8. Indemnification. ABPAC shall hold harmless, indemnify and defend COJ, its
officers, employees and elected officials against any claim, action, loss, damage, injury, liability,
cost and expense, of whatever kind or nature (including, but not by way of limitation, attorneys
fees, expert witness fees and court costs) arising out of injury (whether mental or corporeal) to
persons, including death, or damage to property, arising out of or incidental to any negligent act
or omission of ABPAC in its performance under this Agreement.
9. ABPAC Operations. ABPAC shall, at no additional cost or expense to COJ,
operate and maintain the Premises as a public museum and such Premises shall be open and
available to all residents and visitors to Jacksonville, with no discrimination on the basis of race,
creed, color, sex, religion, national origin, marital status, age, disability or residence. Provided
however, in the event that ABPAC ceases to operate in the foregoing manner, then COJ shall
give notice of such default and if ABPAC does not cure such default then, and in such event,
COJ shall be entitled to pursue any and all remedies in law or equity.
Page2of8
AGENDA ITEM # 8D
MARCH 24, 2008
10. ABPAC Responsibilities. ABPAC, or its designated successors or assigns, shall
be solely responsible for all maintenance and repairs to the Sculpture at no additional cost to COJ
including, but not limited to:
(a) ABPAC shall maintain and keep the Sculpture in good repair and shall
provide all required maintenance and repair of whatsoever kind or nature.
(b) ABPAC, without limiting its liability hereunder, agrees to procure, keep
and maintain adequate insurance types in coverage amounts as required by COJ's Risk
Management Division. During the installation of the Sculpture, ABPAC will require any
contractor to cazry and maintain all risk builders' risk insurance equal to the replacement cost
value of the Sculpture which at no time will be less than the amount stated in Section 9 of this
Agreement, naming COJ as an additional insured. Upon installation of the Sculpture, ABPAC
will maintain all risk property insurance at replacement cost value, which at no time will be less
than the contribution as defined in Section 7 of this Agreement.
11. Non-Waiver. The waiver, by either party, of any breach of this Agreement, by
the other party, shall not be construed as a waiver of any subsequent breach of duty or covenant
imposed by this Agreement.
12. Right of Entry. COJ, at reasonable times, has the right to enter into and upon the
portion of the Premises for the purposes of viewing the same and of verifying compliance by
ABPAC of its obligations under this Agreement.
13. ABPAC Default. If ABPAC shall neglect or fail to perform or observe any
requirement or violate any provision of this Agreement and such default shall continue for a
period of thirty (30) days after written notice thereof is given by COJ to ABPAC, then COJ may,
immediately, or at any time thereafter, and without further notice or demand, terminate this
Agreement. Upon such termination, COJ may pursue any and all remedies in law or equity.
14. Notices. All notices permitted or required under this Agreement shall be by
certified mail return receipt requested, by hand delivery with a signed acknowledgement of
receipt, or by facsimile transmission with a transmission acknowledgement indicating the
transmission was completed:
As to COJ:
City of Jacksonville
Department of Recreation and
Community Services
851 North Mazket Street
Jacksonville, Florida 32202
Attn:
As to ABPAC:
Atlantic Beach Public Arts Commission, Inc.
1970 Mipaula Court
Atlantic Beach, Florida 32233
Attn: Paul Parsons
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AGENDA ITEM # 8D
MARCN 24, 2008
15. Actions of Mayor and Corporation Secretary. 'The Mayor and Corporation
Secretary shall have the authority to terminate this Agreement under any circumstances in which
COJ has a legal right to terminate this Agreement in accordance with the provisions hereof.
16. Construction of Agreement Terms. The parties agree that they have had
meaningful discussion and/or negotiations of the provisions, terms and conditions contained in
this Agreement. Therefore, doubtful or ambiguous provisions, if any, contained in this
Agreement, shall not be construed against the party who physically prepazed this Agreement.
17. Entire Agreement. This Agreement represents the entire agreement by and
between the parties concerning the receipt and expenditures of the funds specified herein. No
agreement, statement, representation, course of action or course of statement, representation, or
conduct by either of the parties hereto, or by their authorized representatives, shall be binding if
it is not in writing and contained in this Agreement. This Agreement may be amended by written
instrument signed by the parties or their lawfully authorized representatives.
18. Severability. If any section, paragraph, sentence or other part of this Agreement
is declazed to be unenforceable or unlawful by a court of competent jurisdiction, then, in such
event, such section, paragraph, sentence or other part shall be severed from this Agreement and
shall not affect other terms and conditions herein.
19. Section/Paragraph Headings. All section/paragraph headings herein are
provided for convenience only and shall not be used in the interpretation or construction of the
Agreement.
20. Exhibits. All exhibits which aze attached hereto are incorporated into this
Agreement as if fully set forth herein.
21. Governing Law/Venue. This Agreement shall be governed by the law of the
State of Florida. Venue for litigation of this Agreement shall be in a court of competent
jurisdiction in Jacksonville, Duval County, Florida.
22. Survival of Provisions. The provisions of Sections 6, 8, 9, 10 and 12 shall
survive the termination of this Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties, by and through their lawfully authorized
representatives have executed this Agreement on the day and year first above written.
Page 4 of 8
AGENDA ITEM # 8D
MARCH 24, 2008
ATTEST:
By:
Neill W. McArthur, Jr.
Corporation Secretary
ATTEST:
Signature
Type/Print Name
Title
CITY OF JACKSONVILLE
By:
John Peyton, Mayor
ATLANTIC BEACH PUBLIC ARTS
COMMISSION, INC.
By:
Signature
Type/Print Name
Title
In compliance with the Charter of the City of Jacksonville, I do hereby certify that there
is an unexpended, unencumbered, and unimpounded balance in the appropriation sufficient to
cover the foregoing Agreement, and provision has been made for the payment of the monies
provided therein to be paid.
Director of Finance
Form Approved:
Office of General Counsel
By:
James R. McCain, Jr., Assistant General Counsel
G:\Gov't OperationsUMCain\Contr~ts\CAB.Arts.ABPAC.doc
Page 5 of 8
AGENDA ITEM # 8D
MARCH 24, 2008
EXHIBIT A
TO
AGREEMENT
BETWEEN
CITY OF JACKSONVILLE
AND
ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC.
Exhibit A consists of two (2) pages attached hereto. Page one is that certain letter dated January
16, 2007 from Tracie Parsons to the Honorable Arthur Graham, which describes the project that
is the subject of the Agreement. Page two is a drawing of the sculpture In Search of Atlantis by
Kristen Visbal.
Page 6 of 8
AGENDA ITEM # 8D
MARCH 24, 2008
EXHIBIT B
TO
AGREEMENT
BETWEEN
CITY OF JACKSONVILLE
AND
ATLANTIC BEACH PUBLIC ARTS COMMISSION, INC.
Section 106.315, Ordinance Code of the City of Jacksonville:
Sec. 106.315. District Council expenditures.
City funds ("funds"), which may from time to time be appropriated to District Council accounts
for various projects ("project(s)" defined herein to be any operating or capital expenditure of city
funds"), shall be governed by this Code Section's requirements for the expenditure of said funds.
Furthermore, all balances remaining in district accounts (which includes the 1988 Bond
Accounts, the Renaissance Bonds, the Ft. George Funds, the Saratoga Funds and Renaissance
Park Maintenance Funds) as of October 1,2000, may also be expended in accordance with the
guidelines in this Section. The balances in the District Bond Accounts, as shown in Exhibit A,
shall be utilized for recreation or public works capital outlay and shall be available to the
appropriate district for the next ten fiscal years. The ordinance appropriating funds to District
Council accounts shall define the project (i.e. operating or capital) and specify the permitted
use(s) of the funds (e.g. recreational and/or other uses) and shall specify theterm of the
appropriation. Upon the expiration of the term, unexpended or unencumbered funds shall lapse
into the Special Council Reserve Account. Except for projects undertaken by the city, all
expenditures of funds shall be restricted to an organization ("organization" defined herein to be a
legal entity making a contribution, whether monetary or otherwise, to the project) whose project
is both open to the public and located upon public property ("public property" defined herein to
include property leased to the city). In addition, uses of the funds shall be subject to the
following requirements:
(a) District Council funds of $100,000 or less shall be expended in accordance with the
following procedures:
(1) The District Council Member shall prepare a letter which provides funds to an organization
or city department in an amount certain and describes the purpose of the project and the public
benefits of the project and the contributions of the organization. A copy of the letter shall be
delivered to the Mayor.
(2) Based upon the letter, the Mayor is directed to process the request as follows:
(i) Assign the project to the appropriate city department for project oversight and/or
implementation;
(ii) Prepare and process the appropriate budget and/or accounting and purchasing entries; and
(iii) If the project is to be performed by an organization the Mayor shall prepare and execute a
contract for the project requiring the organization to:
1. Complete the project in a time certain;
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AGENDA ITEM # 8D
MARCH 24, 2008
2. Provide project accounting/reporting back to the oversight department and council auditor's
office;
3. Comply with all applicable bond covenants/restrictions, ordinances, laws and regulations;
4. Return unused funds to the District Council Fund;
5. Provide for release of city funds to the organization on a draw for work done or cost
reimbursement basis; and
6. Such other contract provisions as may be deemed appropriate or necessary by the Mayor.
(b) District council expenditures up to $100,000 shall be exempt from compliance with Chapter
122, Part 6 (Capital Improvement Program).
(c) District Council expenditures in excess of $100,000 shall, in addition to complying with the
requirements of subsection (a) of this Section, require the District Council Member to obtain
City Council approval as evidenced by an ordinance appropriating the District Council Funds to
a specific project.
3Ord. 1999-786-E, § 1.3(g); Ord. 2000-1065-E, § 1; Ord. 2000-1211-E, § 1; Ord. 2006-185-E, §
Page 8 of 8
AGENDA ITEM # 8D
MARCH 24, 2008
! ~ ~
Agreement
Date: May 2, 2007
Client: City Of Atlantic Beach, Florida
Address: 800 Seminole Road • Atlantic Beach• Florida • 32233-5445
Project Description: In Search Of Atlantis Bronze Life Size rendition of a young
girl riding the back of a full size (48" shell) green sea turtle skimming over a
giant, larger than life, clump of turtle grass.
Modeling of miniature for digital enlargement and 20 resin casts of the
maquette mounted on bonded marble bases, painted, sealed and packed in
individual boxes. These boxes will be palletized for delivery. Approximate
measurements of maquette- 15"H X 11 W X 8"D.
Projected Dimensions Of Proposed Monument: 8'H X 6'W X 5-6'D
Edition Size: 1 /One Of A Kind • Artist retains the right to reproduce 10 castings of
the green turtle on either a different clump of grass or on elkhorn coral modeled to
compliment the turtle.
Patina: French Brown with green in the crevices or a hot green patina, both
compatible with the salt air. To be determined at a later date.
Work to be performed under this agreement by Kristen Visbal or agent/ foundry:
Maquette Mold and Cast And Enlargement Mold and Cast
Partial Digital Enlargement (Grass To Be Built Direct)
Resin Casts and Finish Of Maquette
Modeling Wax Cast Ceramic Shell
Digital Enlargement Wax Chase Metal Chasing
Rubber Mold Gating Patina
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AGENDA ITEM # 8D
MARCH 24, 2008
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It is understood that the City Of Atlantic Beach will provide a stable surface on which
to install the work; concrete and/ or granite or some other suitable material. For
example, granite, flagstone or brick veneer over concrete.
Additional Expenses Mav Include
1. Stone Base: Absolute Black Granite Polished Round
48" Diameter x 18" High $ 6,000 (light gray is less expensive)
2. Delivery of Stone And Finished Bronze Casting
3. Installation: We need a crane and a good outdoor industrial epoxy
and this could be handled by the city. Southern Monument of
Jacksonville would be willing to install for you if you wish.
3. Lighting
4. Concrete Base to rest stone and/or sculpture on
5. Landscaping
6. Shipping Of Maquette Resins
The artist will perform all services under this agreement in accordance with all
applicable laws, ordinances, codes and regulations. The City Of Atlantic Beach agrees
that they will notify the artist of such laws and ordinances and will acquire any
approvals and permits required by state and local law for the work of art.
Delivery Date: The estimated delivery date of this project is March/ April 2008. It is
understood that this is an approximate delivery date and that delivery may not actually
occur on this date and will depend on the completion date of the clay model as well as
the production schedule of the foundry. It is likely to arrive earlier as well and the City
will be notified well in advance of delivery.
Cost and
Payment Schedule: The cost of the work to be performed pursuant to this
agreement is $98,150, tax inclusive. This total includes $3,000 to model the maquette,
$4,900 for 20 resin casts of the maquette, and $90, 250 for the modeling, molding and
casting of the enlarged sculpture.
• $10,000 of these costs are due upon the signing of this agreement
• $29,385 on approval of the clay maquette and commencement of enlargement
• $29,385 is due upon completion of the enlarged model
• $10,000 is due upon approval of the finished bronze
• $19,380 is due at delivery
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AGENDA ITEM # 8D
MARCH 24, 2008
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Changes in Design or Materials• After this agreement has been signed by all
parties, any changes in design or materials desired by the client will be considered by
the artist. If the artist agrees to make such changes, there may be an additional charge
and the changes will be the subject of a written amendment to this contract. It is
understood, however that The City Of Atlantic Beach will have the opportunity to
make subtle changes at the maquette stage of the clay model and that the artist, Kristen
Visbat will do everything in her power to provide the The City Of Atlantic Beach with the
best possible product and shall take all reasonable steps to coordinate the artist's work
with the work of The City Of Atlantic Beach or of a third party on the project (installation
agent/ architect).
Progress Reports: Once commencement of the work has begun, the artist,
Kristen Visbat, will provide the City Of Atlantic Beach with monthly progress reports
in a verbal or written format.
Documentation And Approval• Photographs of the clay model maquette and enlarged
clay model will be provided to the The City Of Atlantic Beach or, an agent from The City
Of Atlantic Beach may elect to approve the work in person. In addition, the artist,
Kristen Visbat will provide the City Of Atlantic Beach with professional photographic
documentation in the form of at least three photographs from three angles of the work
and an image disc.
Mold Ownership• The mold for In Search Of Atlantis will be destroyed after the
completion and installation of the bronze except for the mold of the green sea turtle. If
the City wishes, these molds can be delivered along with the sculpture.
Kristen Visbat reserves the right to mold ownership for the maquette which will be
offered as a limited edition bronze of 50 castings as well as the enlarged green sea
turtle which will be retained to create a new work, limited edition of 9 with one Artist
Proof.
Guarantee of Workmanship• Kristen Visbat guarantees workmanship on this project up
to one year from the date of delivery.
Exhibition. Publishing and Promotion• The artist, Kristen Visbat, reserves the right to
exhibit and use photographs of the maquette and enlarged versions of
In Search Of Atlantis in promotional pieces, articles, or advertising.
Copyright: The artist, Kristen Visbat, retains the right to the copyright and the design
will be formally registered. However, the artist grants the City Of Atlantic Beach
license to graphically depict the work in any non-commercial manner or media
whatsoever to promote the City or the City's cultural programs.
Credit: The City Of Atlantic Beach will install a plaque identifying the artist, title of work
and the date installecT within 12 feet of the work or within a distance agreed upon by
both parties.
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AGENDA ITEM # 8D
MARCH 24, 2008
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Insurance: During the term of this Agreement, The City Of Atlantic Beach will be
listed as additionally insured under the Artist's Business Insurance held by Hartford
Insurance Company of San Antonio, Texas. The City Of Atlantic Beach will be
provided with a Certificate Of Insurance once the agreement has been signed.
Certificate Of Insurance will outline $1,000,000 Liability.
In The Event Of Death Or Permanent Incapacity Of The Artist• The City Of Atlantic
Beach shall pay the artist's estate or the artist the compensation payable for any
services rendered prior to such termination not heretofore paid reduced by the amount
of additional costs incurred by City Of Atlantic Beach by reason of such an event.
Installation and Dedication Ceremony Kristen Visbal agrees to be present at
installation of /n Search Of Atlantis, if requested, and will attend and speak at the
dedication ceremony.
The Agreement: This agreement constitutes the entire agreement between the
parties and supersedes all prior understandings, agreements, or contracts, whether
written or oral. It is agreed and understood that any representation, promise,
condition, inducement or warranty, expressed or implied not included in writing in this
agreement shall not be binding upon any party or qualification except as
specifically modified in writing. The terms and conditions of this contract shall
govern, not withstanding, any inconsistent or additional terms and conditions in any
purchase, order, or other document submitted by the client or person responsible for
payment.
Signature constitutes agreement to be bound by the terms of this agreement:
~~• Date: l ~ ~7
`~ __ ,..
Date:` l ~ v
Tracy Par~.cf~is Chairman, Atlantic Beach Public Art Committee
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