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R07-037 " 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 07- 027 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS AND DOCUMENTS NECESSARY TO SUBMIT AN APPLICATION FOR PALM BEACH COUNTY PUBLIC ART IMPROVES OUR COMMUNITY MATCHING GRANT; PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County's Public Art Committee recognizes the crucial role 13 that governments and artists play in enhancing the aesthetic qualities of society; and 14 WHEREAS, The "Public Art Improves Our Community" matching grant program 15 supports collaborative projects between artists and communities and aims to be a catalyst for 16 private and governmental support of public art on publicly owned property throughout Palm 17 Beach County; and 18 WHEREAS, the Palm Beach County "Public Art Improves Our Community" 19 matching grant is awarding up to $100,000.00 on a reimbursement basis. The contract for the 20 Public Art project for the Carolyn Sims Center at Wilson Park is $60,000.00. The matching 21 grant will reimburse )/2 or $30,000.00 of the fees allocated to this project. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 24 Section 1: The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2: That the City Manager is hereby authorized to sign and submit the 28 grant application for this project, including any documents necessary for the submittal of the 29 application. S:\CA\RESO\Grants\Art Improves Community Grant.doc If Section 3: That the City of Boynton Beach assures a dollar-for-dollar match for the 2 amount of the grant awarded, and that such funds will be available and unencumbered at the 3 time of the grant award. I I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4: This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this -----3..- day of April, 2007. CITY OF BOYNTON BEACH, FLORIDA ~ ,,_.~" ATTEST: S:\CA \RESO\Grants\Art Improves Community Grant.doc CITY CLERK'S OFFICE MEMORANDUM TO: Debbie Coles-Do bay Art Administrator FROM: Janet M. Prainito City Clerk DATE: AprilS, 2007 RE: R07-037 - Palm Beach County - "Public Art Improves Our Community" Matching Grant Program Description & Application Attached is the partially executed original agreement and Matching Grant Program Application. Once the agreement has been fully executed and you have completed the original grant application, please forward the original agreement to me for Central File and forward the grant application for Mayor Taylor's signature. I will then return to you the original grant application and a copy of the agreement along with a copy of the Resolution. If you have any questions, please contact me. ct: 'th. (}~~ achments Copy: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2007\Debbie Coles-Dobay - Public Art Improves our Community - R07-037 - 04-05-07.doc Palm Beach County "Public Art Improves Our Community" Matching Grant Application City of Boynton Beach Art in Public Places Enriching our community through Public Art! 100 E. Boynton beach Blvd. Boynton Beach 33425 Call (561) 742-6026 Debby Coles-Dobay, Public Art Administrator colesdobayd @ci.boynton-beach.fl.us www.boyntonbeacharts.org PROGRAM OVERVIEW The City of Boynton Beach values Diversity, Integrity, Stewardship and Creativity. The Art in Public Places program is committed to "Enriching our Community through Public Art". The first Public Art pro- ject that the Art in Public Places program is producing for our city is the Carolyn Sims Public Art Memo- rial. This project celebrates Carolyn Sims' contribution to her community and her service to the quality of life in Boynton Beach. ABOUT CAROLYN SIMS Carolyn Sims was an icon to the City of Boynton Beach. During her 41 year employment as Recreation Manager, Carolyn managed the daily activities of the Wilson Center and had a hugh impact on the youth that came there. "She was about helping the community and giving back to both young and old." said Guam Sims, Carolyn's son, who is the prinCipal of Boynton's Galaxy Elementary. "She didn't cater to only African Americans, but whites and hispanics too. She catered to all people, and that's our fam- ily. We don't see color. We see people." Carolyn Sims died in 2002, and the City of Boynton Beach has maintained her legacy by naming the new Community Center at Wilson Park after her. The Caro- lyn Sims Community Center is under construction and when completed will provide the community with a two story 14,000 square-foot recreation center located at 211 N.W. 13th Ave, Boynton Beach. This center is located in a City park in the Heart of Boynton Beach area. This center is a focal point of the City's revitalization project. The Carolyn Sims Public Art Memorial will grace the front entrance of the Community Center for visitors to reflect on Carolyn's legacy. PROGRAM DESCRIPTION The Carolyn Sims Public Art Memorial celebrates Carolyn Sims contribution to community spirit. This Public Art project is designed to engage the public in the process. The public will collaborate with the artist to gain ownership of the project, participate in its creation and become educated on "How Art is made". Art in Public Places has enlisted the Arts Commission, the Sims family, the public artist, the City's Recreation and Parks department and many other City departments for the programming of the Carolyn Sims Public Art Memorial. The programming of the Carolyn Sims Public Art Memorial Project will accomplish the following: o To educate the public and the City on the Public Art process and "How Art is made". o To involve the community which in turn will endorse the project. o To market and advertise the redevelopment of the Carolyn Sims Community Center at Wilson Park through the Public Art component. o To attract visitors and the community to the Carolyn Sims Community Center. o To generate positive press for the City of Boynton Beach. o To notify the community on the Carolyn Sims Community Center build progress. o To engage the community, City programs and public schools. o Facilitate and host workshops that the community can attend to learn about the program. FIELD TRIPS & WORKSHOPS The Carolyn Sims Public Art Memorial program is offers field trips to the artists studio to learn "How the Art is made". This educational component for the program is available through many of the City pro- grams and facilities that the public atends. Workshops are scheduled for the public to attend to participate in the Public Art process by naming and contributing to the dedication statement for the Public Art Memorial plaque. The workshops will en- courage the public to participate in the celebration of the Public Art project and the build of the Commu- nity Center at Wilson Park. PROJECT DESCRIPTION Carolyn Sims Memorial Concept Based on the detailed information provided to the artist about Carolyn Sims, her contributions to her city and community service. The celebration of her life in the community and her family inspired the artist to create a Public Art memorial project that captures this spirit. The working name for this Public Art Memorial is "The Spirit of Florida". The Public Art Memorial sculpture concept represents the uplifting diversity of ethnicity and ages of people in our community. The spirit of this Public Art Memorial is depicted by showing the arms and hands of a man, woman, teen & child (representing black, asian, hispanic and white skin types) coming from a gold sun base which gives life to all living things, surrounded by Florida's flora and fauna. The hands are reaching upward to conure parrots, found throughout our community. The bronze Public Art Memorial, measuring 3' high by 4' wide, will be mounted on a raised hexagon pedestal base 4' wide by 4' high faced with granite. A 2' wide instep will be around the bottom to prevent the Public from walking into the bronze sculptures sun rays. A bronze plaque, attached to the sculpture base, will detail the memorial's significance. It will feature it's name and a dedication statement or poem. Lighting will come from above with some uplighting in or around the base to illuminate the art. In addition, the artist will create a bronze bust of Carolyn Sims 22" high by 17" wide from head to shoulders that will sit on a 3.5' high granite rectangle base for placement in the lobby along with a plaque that summarizes her accom- plishments. The location for the Public Art Memorial is outside the front entrance to the new Carolyn Sims Community Center at Wilson Park. The Carolyn Sims Memorial will be accessible to all that visit and frequent this facility. The bronze bust will be placed in the lobby of the Carolyn Sims Community Center with a plaque that summarizes Carolyn's contribution to her City service and community. The artists proposal includes a 16" scaled three dimensional painted Maquette of the Carolyn Sims Public Art Memorial project. Its working name is called "the Spirit of Florida". The Maquette will be used for the following: . For use in presentations to educate and promote to the community, City, Sims family and visitors about the Carolyn Sims Memorial Public Art project. . For use in workshops to encourage community participation to name the project and write a dedi- cation for the Public Art Memorial plaque. . For use in reproduction for fundraising, promotion and merchandising opportunities. . For use in advertising and marketing for the Carolyn Sims Community Center at Wilson Park and Carolyn Sims Memorial Public Art materials. . To include Carolyn Sims' family in the public art process. The artist will work closely with the Sims family to create a bronze bust of Carolyn Sims. He will gather images from the family and establish how they wish Carolyn to be por- trayed in the bronze likeness. The Sims family will contribute comments on the progress of the bust. We will work closely with the Sims family to establish the copy for the bronze plaque that commemorates the bust. PROGRAM GOALS AND CRITERIA The concept and the programming accomplishes the goals and criteria for this program by capturing the "Spirit of Carolyn Sims community service and contribution to the quality of life in Boynton Beach". This Public Art Memorial will celebrate her legacy and is a project that will educate the public and the City (staff and officials) about "How Public Art is made" and to participate in the Public Art process. It also serves to inform the public on the build process for the Community Center at Wilson Park and look forward to the Public Art Memorial as a symbol of progress for the City and their community. 2 The Public Art Administrator will coordinate the Public Art Memorial and bust build process with the art- ist, Frank Varga and integrate his involvement the workshops, field trips and celebration of the program. The Public Art Administrator is responsible to monitor and maintain the project through the build proc- ess with the project contractors, City planners and project directors. The Public Art Administrator will communicate, coordinate, market and promote the Public Art Memorial and build process, workshops and field trips to the public, press, City staff and Arts Commission advisory board. PROJECT TIMELlNE March 2007 - January 2008 - Conduct tours of scheduled groups to artist studio to demonstrate the process of the Public Art Memorial project. Public will be able to "Learn how Art is made" Workshops are scheduled for the public to attend to participate in the Public Art process, name and prepare a dedication for the Public Art Memorial and par- ticipate in the celebration of the Public Art project and the build progress of the Commu- nity Center at Wilson Park. The Carolyn Sims Public Art Memorial build, workshops, field trips and celebration will be filmed and documented. The final documentary will be used for educational purposes in City programs, on display at the Carolyn Sims Com- munity Center and marketed through City media and promoted to public television and area schools. July 2007 - Palm Beach County provides notice to proceed. Begin Carolyn Sims Memo- rial Public Art project and Carolyn Sims bust. August 2007 - Clay models made and ready for approval Sept 2007 - Rubber molds produced Sept - Dec. 2007 - Foundry cast bronzes Sept - Dec 2007 - Plaques produced Dec 2007 - Public Art installed December 2007 - Installation complete ready for inspection January 2008 - Grand Opening unveiling celebration and ribbon cutting 3 ORGANIZATIONAL TEAM CITY COMMISSION Policy makers for the City of Boynton Beach KURT BRESSNER City Manager Manages City Business Uaison to City Commission REGENA SCOTT Neighborhood Services WILFRED HAWKINS Assistant City Manager Manages City Departments WAYNE SEGAL Media & Publications FRANTZ LAFONTANT City PlannerlProject Manager PRESS DEBBY COLES-DOBAY Public Art Administrator Manages Art in Public Places Program for the City of Boynton Beach WALLY MAJORS Recreation & Parks Director for the City of Boynton Beach CITY MARKETING web site BBTV Brochure distribution FRANK VARGA Public Artist SENIOR CENTER - Steve Lulkin LIBRARY - Karen Abramson ART CENTER - Virginia Shea HESTER CENTER - Mary DeGraffenreidt SCHOOLHOUSE CHILDREN'S MUSEUM - Michael Hall All City program directors CITY RESIDENTS AND CITY PROGRAMS ORGANIZATIONAL CHART TEAM SERVICES PROCESS City Commission approves project and applying for PBC Grant City Manager facilitates this process. Assistant City Manager oversees the Public Art Administrator position and AIPP program Public Art Administrator coordinates executes and administrators the AIPP program to: .Recreation & Parks Department and City program directors. Recreation & Parks Director manages the Carolyn Sims Community center project build. City program directors facilitate the Carolyn Sims Public Art Memorial project in their spe- cific programs that are open to the public. .City Media & Publications director executes PA project promotion to the public. .City Neighborhood Services promotes program to City neighborhoods and associations .Coordinate with artist for project build with City project managers .Market program to Public through City TV, Newsletter, web site a direct brochure distribution .Promote program to press for print and broadcast publication .Coordinate artist studio visits and workshop participation with public, artist and City programs 4 RESUME Frank Varga 296 NE 6th Avenue, Delray Beach, FL 33483 Phone: 561 -704-1199 Fax: 561 -374-8596 E-mail: varaastudios@earthlink.net Official Web Page: www.varaa-art.com Summary of qualifications Education Professional memberships Languages 1 951 - Present - Varga Sculpturing Studios - Grosse Pointe, MI and Delray Beach, FL Thanks to the formal European sculpting education mostly by Italian masters and ap- prenticeship since 1951 under his father the internationally famous Professor Ferenc Varga of the University of Budapest, Frank Varga was trained by the masters to produce sculptures from a wide variety of materials; marble, bronze, terra cotta, aluminum, etc. This ability to work with such a diverse range of materials provides flexibility when choosing the correct medium to fit the setting and the subject. As a result, Frank Varga has been successful and prolific. Over 1 00 major public commissions have been completed in the United States, Canada and Europe for a city or other government agency. Included are public monuments to commemorate major events and honor public figures past and present including one commissioned by the White House to honor President John F. Kennedy. During this same period over 50 major ecclesiastical sculptures were also commissioned and com- pleted for various religious entities including the Vatican commissioning a life size bronze bust of Pope John Paul for the Vatican Museum. The major public and ecclesias- tical works were life size or larger, up to Monumental in dimension, and usually made of cast bronze. During this same time period a multitude of life size personal works and private commissions were also sculpted along with over 1 00 smaller pieces. 1960 - 1964 Accademia di Arte di Firenze - Florence, Italy Degree earned: Doccumento di Arte 1980 BA Degree in Fine Arts from Honolulu University National Sculpture Society; The International Register of Profiles - International Bio- graphical Center - Cambridge, England, 1976; Academia Italia delle Arte dell Lavoro Sol- somaggiore, T erme, Italy German, French, Flemish, Italian and English 5 Awards Received AWARDS: Scholarship - Academy of Fine Arts, Florence, Italy Accademia Medallo di Oro demia Italia delle Arte del Lavoro, Artistic Sculptural Achieve- ments, Italian Fine Arts Council. Registered nell albo d'Oro dell' Accademia. Salsomaggiore Terme oddi 1-12-1980. First Place, 14' sculpture St. Steohen of Hunaarv. memorial in St. Louis, MO First Place, 5' sculpture of Youna Women, on display in Wyandotte, MI First Place, The Hurricane, 14' cast bronze Memorial for Victims of the 1928 Hurricane in Belle Glade, FL. National Competition. HUD - National Community Art Competition, selected for their publication showing artists of emerging and established significance. First Place, General Macomb. 20' cast bronze, placed in front of Macomb County Court Building, Mt. Clemens, MI. Authorized by the Michigan legislature (legislature Senate con- current Resolution #488). Tribute to honor Alexander Macomb for the bicentennial. Adopted by the House of Representatives 1976. First Place, Immiarants. 20' cast bronze, Bremerhaven, Germany First Place, Soirit of the World, 16' bronze, Art in Public Places, Oceana Club, Miami, FL EXHIBITIONS and MUSEUMS: Gallerie de Arte Galleria Vannucci Racz Gallery Masters Gallery Arcade Gallery Esterhazy Gallery Generous Critic Delany Gallery Gallerie de J. Bousquet Museum of Fine Arts Grosse Pointe Gallery Museum of Academy of Fine Arts New England Fine Art Institute Sal Magundi Club of Arts Museum of Fine Arts Museum of Art Vatican Museum White House Heritage Museum Pistoria, Italy Florence, Italy Detroit, MI Toronto, Canada Toronto, Canada Palm Beach, FL Grosse Pointe, MI Ft. Lauderdale, FL Palm Beach, FL Los Angeles, CA Grosse Pointe, MI Florence, Italy Boston, MA New York, NY Chicago, IL Sioux Falls, SO Rome, Italy Washington, DC New Brunswick, NJ 6 Frank Varga Varga Sculpturing Studio 296 NE 6th Avenue, Delray Beach, FL 33483 561 704-1199 vargastudios@bellsouth.net St. Agnes Church, Naples, FL Podium, Altar Candle Holders \ \" Andrea Clark Brown Architects DIGITAL IMAGE #1 380 8th St. South, Naples, FL Telephone: 239-263-3898 Contact: David Poorman Prank Varga was contacted by Architect on project who had collaborated with him on many other projects. Pranks experience working with marble and his association with his studio work in Italy awarded, him this project. Prank met with St. Agnes officials to discuss the project scope. The project was to portray the elements as "Old World and Earthy" Pranks concepts captured this by using white marble from Carara Italy from the original quarry that Michaelango's "Piata" came from. Prank combined this Old world feel with a modem technique similar to the unfinished works of Michaelango. The esthetics of this technique where to leave images unfinished so that the viewer can imagine what is emerging from the marble. This was to create an inspirational effect. The first part of the project was the outdoor "Stations of the Cross". "Stations of the Cross" are 15 carved pieces that weigh 300 lbs each. Each station tells the story of Christ on his way to his crucifiction. "Madonna" adorns the end of the "Stations of the Cross". Continued collaboration on the project moved forward to include several interior locations for additional artwork. Prank created statues of the Blessed Mother, the Altar. presider chair, lectern and candle holders carved from the marble from Carara Italy. 7 St. Agnes, Life size sculptor St. Agnes, Madonna - 9' tall ~'; h DIGITAL IMAGE #2 ST. Agn~s Baptismal Font Sid~e view 18' long 8 St. Agnes, View of Stations fo the Cross A large 10' Christ is suspended 30' high in front of the stained glass above the baptismal font. The Baptismal font which is 52,000 lbs of carved Carara marble features a bronze font which water overflows back into the recycling interior elements. Above the Baptismal font a athena cast stone image of St. Agnes is suspended on stone work above a metal branch feature. The project took two years to complete at a cost of $300,000.00 DIGITAL IMAGE #7 9 #2 - The Barefoot Mailman, Hypoloxo, FL OIGITAllMAGE #8 Town of Hypoluxo, FL 7580 S. Federal Highway, Hypoluxo, Fl. 33462-6034 Telephone 561-582-0155 Kenneth Schultz, Mayor This 10 foot sculpture is a cast bronze detailed figure of the Barefoot Mailman commissioned in 2004 for the town of Hypoloxo, FL. The Florida railway line gave Hypoloxo the property to designate it as a wildlife sanctuary. The town wanted to emulated and celebrate their city logo icon, the Barefoot Mailman. Frank researched and collaborated with the town on how to depict the Barefoot mailman. He turned their logo into a 3-D statue memorial. Frank used historical photographs of the Barefoot Mailman that lived in Hypoloxo who died at the Hillsboro Inlet for his bronze sculpture statue. The cost was $100,000.00. 10 #3 - Saint Paul's Church, Boca Raton, FL St. Pauls, Boca 0\ er lifsize images DIGITAL IMAGE #9 Saint Paul's Church Boca Raton, FL Telephone: 561-395-0433 Contact: Pastor Glick "Come to Me" is cast stone life size bas relief commissioned in 200 1. It is created from forged stone. This piece is a memorial sculpture that was donated by a family that depicts their children. One of the children died in a tragic auto accident. All the family's children are shown with Christ. Frank worked closely with the family and the Pastor. The cost for this artwork is $25,000.00 11 #4 - Reverend Beneby, Nassau, Bahamas DIGITAL IMAGE #10 Nassau, Grand Bahama Island Reverend Beneby Helen Beneby 242-361-4753 Life sized cast bronze of "Reverend Beneby" commissioned in 2003. Reverend Beneby was an influential Baptist minister in the Bahamas who did charity work for the Bahamians. When he passed away the family commissioned this bronze sculpture. Frank worked with the family on the likeness of this life sized bronze bust. Reverend Beneby's portrait is placed granite base on property near the Baptist Church in Nassau Bahamas. 12 #2)2003 Father Solanus Casey St. Bonaventure Monastery 1740 MD. Elliott Ave., Detroit, MI48207 (313) 579-2100 x139 Father Leo Ofmcap Office of the Vice Postulator This life sized, lifelike cast bronze sculpture of Father Solan us is a favorite pilgrimage for people nationwide. Father Solanus will be the next American Saint. The statue is located in front of the St. Bonaventure Monastery. It took 6 months at a cost of $ 40,000.00 DIGITAL IMAGE #12 PUBLIC ART PROJECTS #1) 2001 Good Shepherd St. Vincent Ferrer Church 840 George Bush Blvd., Delray Beach, FL 33483 (561) 276-4320 Pastor Shean The Good Shepherd is a main feature sculpture that sits outside the entrance of the St. Vincent Ferrer gymnasium. It watches over the children when they are in the gymnasium. It took 4 months at a cost of $ 20,000.00. 13 #3)2004 Barefoot Mailman 7580 S. Federal Highway, Hypoluxo, FL 33462 (561) 582-0155 Kenneth Schultz, Mayor Frank researched and collaborated with the town on how to depict the Barefoot mailman, their logo into a 3-D, statue memorial. It is located in the wildlife sanctuary on Hypoloxo Road. It took 6 months at a cost of $ 100,000.00 "~':' ~i .t #4)2006 Madonna St. Agnes Church, Naples, FL Andrea Clark Brown Architects David Poorman (239) 263-3898 This 9 foot carved Carara Italian white marble was commissioned for the St. Agnes Church, Naples, FL. It is located in the entryway at the end of the Station of the Crosses Sculptures. Once the marble was delivered to the us from Italy the artwork took 4 months to complete at a cost of $ 75,000.00 14 DIGITAL IMAGE #14 CONCEPTUAL DRAWING & MAQUETTE \\ ~--- "---,-... Spirit of Florida / i' '''1 DIGITAL IMAGE #15 The spirit of the Carolyn Sims Public Art Memorial is depicted by showing the arms and hands of a man, woman, teen & child (representing black, asian, hispanic and white skin types) coming from a gold sun base which gives life to all living things, surrounded by Florida's flora and fauna. The hands are reaching upward to conure parrots, found throughout our community. The proposed title of the piece is the "Spirit of Florida". 15 Image of Carolyn Sims from which the lifelike bust will be created. DIGITAL IMAGE #16 12" wide x 17" deep cast bronze maquette of Carolyn Sims Public Art Memorial DIGITAL IMAGE #17 The bronze Carolyn Sims Public Art Memorial will be individually casted and then assembled to create the image above. The bronze will be patined black, green, gold and brown to provide detail to the elements within the bronze sculpture. The Public Art memorial is designed to measure 3' high by 4' wide, and is to be mounted on a raised hexagon pedestal base 4' wide by 4' high made from concrete faced with DIGITAL IMAGE #18 granite. A 2' wide instep will be constructed around the base to prevent the Public from walking into the bronze sculptures protruding sun rays. A bronze plaque, attached to the sculpture base, will detail the memorial's significance. It will feature it's name and a dedication statement or poem. Lighting will come from above courtyard lighting with additional uplighting in or around the base to illuminate the art. The Art in Public Places will coordinate and maintain the Carolyn Sims Public Art Memorial. Funds are available in the program to accomplish this and will be done by the City staff. 16 MATERIALS LIST Carolyn Sims Public Art Memorial "Spirit of Florida"(working name) Size: Thigh x 6'wide total size Sculpture: 3' h x 4"w Base: 4'h x 4'wide hexagon with a 2'w instep around base bottom totaling 6'w Material: Cast bronze sculpture patined a variety of colors (black, bronze, green, brown) Base: Blue Granite (.75" thick) over cement base structure 2' permitter of cement or matching walkway material Carolyn Sims bust/relief Size: Lifelike bust of Carolyn Sims 5' total size Bust: 22"h x 17"w head to shoulders Pedestal: 15"square 38"high Material: Cast Bronze for the bust with granite (color TBD) (.75" thick) over concrete base Additional elements Lighting: Provided on site from above Engraved plaque for both memorial and bust Bronze size 10" x 12" with name and dates in .75" letters and dedication in .25" lettering. Approximately 60-70 words. Maquette production - Provide costs to reproduce small size version of Carolyn Sims Me- morial (costs to produce each bronze is additional) Total proposal estimate at $ 60,000.00 includes: 1. Concept 2. Maquette production for Carolyn Sims Memorial artwork 3. Digital image of Maquette 4. Merchandising. rights for Maquette use 5. Workshop presentation time 6. Studio tour time 7. Time for filming and documentation 8. Full size clay model for both Memorial and bust 9. Bronze casting both Memorial and bust 10. Production of plaques 11. Base construction for sculptures 12. Coordination with city project manager for lighting 13. Granite and installation for sculpture bases 14. Structural engineering or material testing, permit fees, insurance to cover the scope of the project. 15. Installation of sculptures 16. Time to attend Grand Opening and unveiling events. 17. Maintenance recommendation and continued maintenance availability (city will be responsible for long term maintenance costs) 17 CAROLYN SIMS COMMUNITY CENTER AT WILSON PARK DIGITAL IMAGE #19 \ ~~ ':":,.J L1JI' The Carolyn Sims Community Center at Wilson Park will provide the citizens of Boynton Beach a safe and entertaining variety of activities and events that promote family unity and community uplift though social and instructional programs. City of Boynton Beach Art in Public Places Enriching our community through Public Art! 100 E. Boynton beach Blvd. Boynton Beach 33425 Call (561) 742-6026 Debby CoJes-Dobay, Public Art Administrator colesdobayd@ci.boynton-beach.fl.us www.boyntonbeacharts.org 18 DATE: AprilS, 2007 -lUv1 - L\ C\ \ ).,R5 CITY CLERK'S OFFICE ~~ _ ~+':;.0 - ./~. MEMORANDUM "Q\_\'v~ 7\~ ~ '1(l~>( ~\j ~~;~"~f~\,;\ ~ ~ l>- 0\ (Y"'".x r-J~ ~ . ,,-('0\. \ (!" ~ \\'~ __ \ ^~ ,~ (J,( ~, -J h 0\. '. J- . .\ '{tf-,.>>U ~ L .-rJ- xr ~ ~I &Cj rJ'- ()i')~, (J" I -{' ~ ~ \{' uS''\; ~\' R07-037 - Palm Beach County - "Public Art Improves Our Community" Matching Grant Program Description & Application TO: Debbie Coles-Do bay Art Administrator FROM: Janet M. Prainito City Clerk RE: Attached is the partially executed original agreement and Matching Grant Program Application. Once the agreement has been fully executed and you have completed the original grant application, please forward the original agreement to me for Central File and forward the grant application for Mayor Taylor's signature. I will then return to you the original grant application and a copy of the agreement along with a copy of the Resolution. If you have any questions, please contact me. C!:t: 'th. (}~ ~ achments ~ \'\ t5 '~ ,---- (" (,VV'-. ;u(\ -b - .. ..fr -~A J ~...,.. 6{lYr~ SI~ ~c.l~0l~L0\) ~. ~(;:v- , ~\ V 1 1X{)oY\ c(,L. ,,-DJ' . ~,e,l \a.L & if' \ If ('../' r \ 0 vr ~-p::: ~- .XV' ~.~ n0-1 . 0 ....9-' . 0-<; \ (, ''-f~ (X\ ().. "V ' :-\V '4 'v\ \,~ ~~ .~( \ (p .~ \AI- J\~ ~0- \('V \ ~~ ~ Copy: Central File S:\CC\WP\AFTER COMMI55ION\Departmental Transmittals\2007\Debbie Coles-Dobay - Public Art Improves our Community - R07-037 - 04-05-07.doc EXHIBIT A R07-037 Program Description Palm Beach County's Public Art Committee recognizes the crucial role that governments and artists play in enhancing the aesthetic qualities of society. The "public Art Improves Our Community" matching grant program supports collaborative projects between artists and communities and aims to be a catalyst for private and governmental support of public art on publicly owned property throughout Palm Beach County. The Palm Beach County Board of County Commissioners, through its Public Art Committee, is issuing a request for proposals to municipality / artist(s) teams to design, fabricate and install public art that complements public buildings, parks and/or plazas; creates a sense of place; enhances community identity and improves the design quality of public infrastructure in outdoor locations. The County's Public Art Committee recognizes the crucial role that governments and artists play in enhancing the aesthetic qualities of society. This grant program supports collaborative projects between artists and communities and aims to be a catalyst for private and governmental support of public art on publicly owned property throughout Palm Beach County. Qualified Applicants Municipality located within Palm Beach County, in partnership with an artist(s). ApDlication Deadline To be considered for grant funds, applicants must submit the attached application, along with submittal materials to Palm Beach County Art in Public Places, 3200 Belvedere Road, Bldg. 1169, West Palm Beach, FL 33406 by April 27, 2007 at 5:00 p.m. Applications must be mailed or delivered; applications submitted by facsimile transmission will not be accepted. Eligible Expenses Funds from this grant may only be applied toward the actual costs incurred for the public art project. No part of this grant shall be used for project administration/overhead or for costs associated with the preparation, submission or presentation of the funding application. Proposed project budgets should cover all costs associated with the project including the artist's design fee, other consulting fees such as structural engineering or material testing, permit fees, insurance to cover the scope of the project, materials, models, fabrication, transportation, shipping, installation, travel to and from site, per diem expenses, project documentation, land acquisition/leasing costs and a contingency to cover unexpected expenses. Certificates of insurance must be provided to verify required levels of General Liability, Auto and Worker's Compensation Insurance outlined in the Grant Agreement. Funds cannot be awarded retrospectively. Projects must be timetabled to start after the "Notice to Proceed" is issued by Palm Beach County. Cash Match Requirement Grants are available to municipalities, which will act as the fiscal agent, in partnership with artists. Palm Beach County will award up to $100,000 in matching public art grants on a reimbursement basis. Applicants must apply for a $10,000 minimum award. Applicants must demonstrate a one hundred (100%) cash match. Proposals must be approved by the municipality and matching funds must be appropriated. Matching funds may be provided to municipality through private underwriting. The municipalities of Belle Glade, Pahokee, and South Bay only have to demonstrate a 75% cash match. .PublicArt Improves Our Community" Matching Grant page 1 of6 ProQram Goals · To make public art a more visible part of our community. · To increase public awareness of, and participation in the creation of public art in our community. · To foster collaboration between municipalities and artists. · To broaden the understanding of how the arts can benefit a community. · To develop artistic venues which attract both residents and tourists. · To mentor municipalities in public art project development and administration. Minimum Criteria 1. Proposed pUblic art project must be submitted by a qualified Applicant. 2. Project must be located on property owned by the Applicant or on property that the Applicant has secured through perpetual easement and allows for this use. The Applicant will be required to submit proof of ownership with the Grant Application. 3. Applicant must fund at least fifty percent (50%) of the total project cost. 4. The project should be developed as a place-specific installation which responds to the characteristics of the particular location, such as the history, physical environment and diversity of the people within the community. 5. The project should have a clear benefit to and involvement of the community. 6. The project should support artistic excellence, be of high quality and created by qualified artistes). 7. The proposed public art must be sited in a location that is physically accessible to all people. 8. Applicant must be able to provide continuous monitoring and maintenance of Project, during and after installation. Qualification Materials The following qualification materials shall be submitted along with the completed Grant Application. 1. Describe in detail the proposed public art Project, including how the Project addresses the goals and criteria and how the Project will be monitored and maintained by the Applicant. (Limit 2 pages) 2. Provide a proposed Project schedule from "Notice to Proceed" through "Ribbon Cutting." Total Project timeline not to exceed 18 months. 3. Organizational Chart of Team - Briefly describe the services the team members will provide. 4. Resumes - A current resume for artistes). ,..,. 5. References - Provide three verifiable references for the artistes) from projects of a similar scale completed in the last eight years. Please include name, address, telephone number and e-mail address for each reference. 6. Up to a total of 10 images representing at least two different public art projects by the artistes) in the past six years. Only submit images of projects that have been realized. Images of proposals, models or computer generated images will not be reviewed. Submit slides QB digital images in the following formats: SLIDES: Slides must be presented in a 9" x 11" plastic slide sheet. Each slide must be labeled with artist's name, numbered according to the annotated image list (see #7), and marked with indication of top and front. DIGITAL IMAGES: Images should be sent on virus-free PC-compatible CD-ROM in .jpg file format. Each file should be named with artist surname and image number to correspond with the annotated image list (see #7). Maximum image size is four inches by five inches and 96 dpi. 7. An annotated image list identifying slides/digital images by number, artist name, title of work/project, location of project, major materials used, dimensions, project timeline (from contract to completion), budget, name of commissioning agency, Project Manager's name and phone number, and commissioning agency's goals for the project. 8. Concept Drawings: Up to four drawings to define proposal and design concepts. Please submit drawings on 8 ~" x 11" paper. If drawings are in color, please supply 15 color copies of each, otherwise drawings will be reproduced in black and white for panel review. 9. Material List: A list of proposed materials to be used to design, fabricate and install the Project. "Public Art Improves Our Community" Matching Grant page 2 of6 Judging Criteria POINTS CRITERIA 25 Artistic merit of proposed design and quality of materials. Artist(s) qualifications. 25 Meets program goals and criteria. Ability to complete the project. 20 Benefit to and involvement of the community; design reflects community characteristics. 10 ....ocation is highly visible to the public and is accessible to people with disabilities. 5 Ability to provide long-term maintenance of the public art project. 5 Project includes a public outreach/education component. Application Processing & Awarding Applications will be reviewed by Palm Beach County Art in Public Places staff for general compliance with grant criteria to determine eligibility. The Public Art Committee will constitute the selection committee and will meet to determine the final grant awards based on the judging criteria listed above. Projects will be funded by order of ranking until all available funding is encumbered. The Public Art Committee's grant award recommendations will be submitted to the Board of County Commissioners for approval. Grant agreements will be mailed to successful applicants for the appropriate signature and should be returned to the County Art in Public Places Administrator. NOTE: Applicants are advised that from the date of release of this Grant Application until award of the grant funds, no contact with County personnel related to this Grant Application or Selection Committee members is permitted, except as authorized by the Art in Public Places Administrator anellor in conjunction with scheduled Applicant activities. Any such unauthorized contact shall not be used as a basis for responding to this Grant Application, and may result in the disqualification of the Applicant's submittal. Applicants are further advised that the "Palm Beach County Lobbyist Registration Ordinance," Ordinance 03-018, as amended by Ordinance 03-055, prohibits an Applicant or anyone representing the Applicant from communicating with any Commissioner or Commissioner's staff, or any employee authorized to act on behalf of the Commission, regarding its application, i.e. a "Cone of Silence." The "Cone of Silence" is in effect from the date/time of the deadline for submission of the application and terminates at the time the Board of County Commissioners awards the grant funding or otherwise takes action which ends the solicitation process. Submittal Checklist The following qualification materials shall be submitted along with the completed Grant Application. See "Qualification Materials" section above for detailed description of each item listed below. 1. Project description. 2. Proposed Project schedule. 3. Organizational chart of team 4. Resumes. - 5. References. 6. Images of past projects. 7. An annotated image list. 8. Concept drawings of proposed Project. 9. Materiallist. 10. Proof of property Municipal ownership / control for proposed Project location. 11. Proof of matching funds. (Must submit within 30 days of recommended grant award. Proof includes appropriation approved by municipality or by agreement for private funding/donation. If unable, the grant may be reassigned to another applicant.) Estimated Award Timeline July 31,2006 Grant announced .PublicArt Improves Our Community" Matching Grant page 3 of6 August, September, October 2006 April 27, 2007 - 5:00 p.m. May 17, 2007 July 2007 Public Art 101 Workshops (non-mandatory, schedule below) Deadline - Grant Application submittals Finalists selected and notified July 2007 Recommendation submitted to Board of County Commissioners for approval Contract Execution and "Notice to Proceed" Grant Aoreement Applicants selected for funding must enter into a grant agreement with the Board of County Commissioners, the form of the sample contract is available for review prior to submittal of grant. Grant funds may only be used to reimburse expenses that occur after execution of the grant agreement. The Project needs to be completely developed, permitted as appropriate, and completed within 18 months of grant award. "Public Art Improves Our Community" Matching Grant page 4 of6 "Public Art Improves Our Community" Matching Grant Application ADMINISTRATIVE INFORMATION Project TItle: Carolyn Sims Public Art Memorial Contact Person: Debby Coles-Dobay Contact TItle: Public Art Administrator Contact Agency: City of Boynton Beach. Art in Public Places Program Artist(s) Name: Frank Varga Contact Mailing Address: 100 E. Boynton Beach Blvd. City: Boynton Beach Zip: 33425 Contact Phone: (561) 742-6026 Contact E-mail: colesdobavd@ci.boynton-beach.fl.us PROJECT INFORMATION 1. Amount of Grant Request: $ 30 000 00 Total Project Cost: $ 60 000.000 Amount of Matching Funds: $30 000 00 2. Describe the specific source of the matching funds: Carolyn Sims Community Center at Wilson Park Community Improvement Project budget 3. Funding source for long-term Project maintenance: Art in Public Places Program 4. Proposed Project location: 311 N.W. 13th Avenue. Boynton Beach. FL 33435 (please enclose photos of location) Describe Project location, nearest cross streets, facility type and property use. Wilson Park is located in the Heart of Boynton just west of Seacrest Blvd between Boynton Beach Blvd. and Gateway Blvd. The 5.4 acres of Wilson Park is surrounded by the C-16 canal, N. W. 3rd Street, N.W. 12th Ave., and N.W. 1st Street. Carolyn Sims (2 story, 13,800 sq. ft) Community Center is located on the S.E comer of the park surrounded by the community pool, playgrounds, basketball courts, picnic areas with pavilions and multi-purpose fields. The Carolyn Sims Community Center will hosts programs and activities for the community. The Carolyn Sims Public Art Memorial will be installed at the front entrance to the Community Center. 5. Estimated Project Start Date: July 2007 Estimated Project Completion Date: January 2008 xz "Public Art Improves Our Community" Matching Grant page 5 of6 Proiect Budget Provide a proposed budget indicating how grant funds will be utilized and where the matching funds will be allocated. CATEGORY OF EXPENDITURE AMOUNT MATCHING FUNDS Design (maximum 10% of Project budget) $ 3,000.00 $ 3,000.00 Fabrication $ 22,750.00 $ 22,750.00 Installation $ 2.750.00 $ 2,750.00 Other $ 1,500.00 $ 1,500.00 TOTAL REQUESTED $ 30,000.00 $ 30.000.00 TOTAL GRANT AGREEMENT $ 30,000.00 $ 30,000.00 "Public Art Improves Our Community" Matching Grant page 6 of6 ATTEST: Name (Type or Print) .PublicArt Improves Our Community" Matching Grant Name (Type or Print) CITY AITORNEY page 6 of6 Vl....... 8 c 00).....3 CC::r- "0"0-1 .....::J -. -. fl) -'::r- ::r- 0) ::J ::J 0 ::+'-. . lO lO "0 -. 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E;Q~~;.~ O""""Q.,~"""" = ::=-~e ~ ~ ~ c:: 1'01. ~ Q ~ ~ ;:: g ......;:: ~;::~ =~ ~ ~ I'OI.~ ~ ~ ('";) ~~ ;:: 0 ~ ;::- tw. ~ ~~ """" · cE' '" ~ i"Io c:::J"I ~~ ~~~ -{.,...... .0 f"Oio c:: ~. ~ ~ ~~'J'J. f"Oio S tw. o S ., CI) .... . ~ ...... ~~ ""- ~ ~ ~ q ~ f"Oio ~!'W. 't1 5' ~ c2" ~'Q ~ ~ ~~ ~s::~~g= ;::: !'W. ~ "- c.::: ~~ \iJ;:: · ~ ~ f"IIto :...... ""i Q ~ ~;:: ~ o~ CI) ~ ~ ~~ f"OioS- ~ ~S~ ~S~ ~=~ ~;:::ce- o !'W.;::: ;:::cE"~ ~ ~ !'W. ~ ~ S ""i ;::: CI) ~..... ~ ""i ~09.. "'i ..... c- o '. ... . ~ z. '.. .... . -< '$>\ ')0 ~~>:t '1CH m >< :J: - m - ..... m EXHIBIT C The City of Boynton Beach MEMORANDUM Public Art Administrator TO: Wilfred Hawkins, Assistant City Manager FROM: Debby Coles-Dobay, Public Art Administrator DATE: October 26, 2006 SUBJECT: Carolyn Sims PA & Carolyn Sims COmmunity Center at Wilson Park project At the Tuesday, October 25th Arts Commission meeting we had a great meeting on the Carolyn Sims Memorial project. We reviewed the information regarding the project criteria and how we can meet the Palm Beach County grant requirements. The Sims family and Wally Majors was present as well as the artist chosen for the project, Frank Varga. The communication and discussion rewarded posi- tive results. The family, the artist, Arts Commission and Rec & Parks are all anxious to move forward with the project. The Carolyn Sims Public Art program plans are to: · Reach out to involve the community, public schools and city programs. Facilitate and host workshops that the community can attend to learn about the program. The artist, Frank Varga, will explain the concept for the Carolyn Sims Memorial and how the art will be made. The attendees can provide feedback on the memorial and exchange information about Carolyn Sims. Encourage community fundraising efforts and explore a Carolyn Sims scholarship. · Include the community In the public art process. Encourage participation in the project through the naming of the Carolyn Sims Memorial. Cur- rent working title is "The Spirit of Florida". Have participants submit a poem or dedication that can be inscribed on the memorial's bronze plaque. . Include the family In the public art process. The artist will work closely with the Sims family to create a bronze bust or relief of Carolyn Sims. He will gather images from the family and establish how they wish Carolyn to be por- trayed in the bronze likeness. The Sims family will comment on the progress of the bust (or re- lief) The Public Art Administrator will work closely with the Sims family to establish the copy for the bronze plaque that commemorates the bust (or relief). . Educate children and adults about how public art is made. Distribute to the schools, churches and city programs to offers trips to the artists studio to learn about how the art is made. The Sims family will assist to develop and distribute the curriculum to the schools and churches. Rec & Park dept will assist to distribute the curriculum to the City programs. . Document the process. Film the public art process including the workshops, the studio visits, artist at work, the com- munity participation and interviews with community on Carolyn Sims. Documentary can be used as an education tool in schools and City facilities. Documentary can be displayed at the Carolyn Sims Community Center at Wilson Park on a continual basis. Documentary can be used for PR purposes and for BBTV television programming. . Provide communication to the community on the progress of the Carolyn Sims Community Center at Wilson Park. Facilitate city communications of the Carolyn Sims Community Center build progress through the community participation of the Carolyn Sims Public Art process. · Provide positive support from the community. Sims family will assist to facilitate the communication of the Carolyn Sims project and its pro- gress between the community, the Arts Commission and PA administrator. Rec & parks will assist to facilitate the communication of the Carolyn Sims project and its pro- gress between the city programs, the Arts Commission and PA administrator. PA Administrator will facilitate the communication of the Carolyn Sims project and its progress between the city staff, CRA staff, City boards, and City Commission. . Collaborate the Carolyn Sims Public Art Project with other City departments and advisory boards. The Arts Commission and PA administrator will communicate and encourage collaboration with other City departments and advisory boards such as the Education & Youth Advisory board, Rec & Park staff and advisory board, building and engineering, media & public communica- tions and CRA staff and advisory board. · Educate the City, community and developers on how a successful Public Art project can contribute to economic development, civic pride, community awareness and celebrate a city's heritage. CC: Wally Majors Arts Commission Frank Varga Sims family EXHIBIT 0 AGREEMENT TIDS AGREEMENT, dated the -La-- day of between: Ar~'\~ I , 2007, is by and CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY", and Frank Varga dba VARGA SCULPTURING STUDIO, with an address of 296 N.E. 6TH Avenue, Delray Beach, Florida 33483 hereinafter referred to as "ARTIST." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, prormses, covenants and payments hereinafter set forth, CITY and ARTIST agree as follows: WHEREAS, a sculpture is a work of art, generally created by carving, modeling, casting or shaping materials, such as metals, into a three-dimensional figure; and WHEREAS, CITY desires to obtain professional services from an artist for the creation of a sculpture for the Carolyn Sims Public Art Memorial; and WHEREAS, ARTIST possesses specific skills, talent, expertise, experience and knowledge to provide the CITY with the sculpture in a professional and artistic manner; and WHEREAS, ARTIST has stated an interest in working on the creation of a Sculpture for the CITY; and WHEREAS, the CITY desires to commission the ARTIST to create Sculpture; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: ARTICLE 1 1.1. RECITALS: Each "whereas" clause set forth above IS true and correct and herein incorporated by this reference. Page lof8 Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga.doc ARTICLE 2 SERVICES AND RESPONSmILITIES 2.l. ARTIST hereby agrees to create a Sculpture, or other services which may otherwise be required, as further enumerated in the Scope of Services set forth in Article 3 herein below. 2.2. The sculpture shall be located at such location within the CITY as designated by the CITY. 2.3. ARTIST shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 2.4. ARTIST hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with ARTIST, that ARTIST has the professional expertise, talent, experience and manpower to perform the services to be provided by ARTIST pursuant to the terms of this Agreement. 2.5. ARTIST certifies, to his knowledge, that all work performed pursuant to this agreement, including but not limited to the Sculpture, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, fIrm or organization. 2.6. The CITY recognizes the ARTIST's rights pursuant to the Federal Visual Artist Rights Act of 1990, known as "V ARA". The CITY will not intentionally distort and/or modify the sculpture, where the modifIcation or distortion would prejudice the ARTIST's honor or reputation. 2.7. The CITY is entitled to exhibit, publish, broadcast, advertise and otherwise use the likeness of the sculpture, in any manner the CITY sees fIt. The CITY agrees not to sell the sculpture to a third- party for monetary gain. The CITY may transfer ownership of the sculpture to another governmental entity or to a not for profit corporation. 2.8. The CITY agrees to give the ARTIST full acknowledgement and credit as the creator of the sculpture, with the placement of a plaque or similar object on and/or near the sculpture. 2.9. The value of the sculpture is established when the price of the art is commissioned. 2.10. The CITY agrees to provide the ARTIST access to CITY property, as a work site to prepare the sculpture for installation. 2.11. ARTIST may not hire or utilize the services of any sub-contractor, employee or other individual to assist the ARTIST in performing services under this agreement without the prior written approval of the CITY. 2.12 ARTIST warranties the fmal product against all defects in workmanship and materials for a period of one year. Page 2 of8 Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga.doc ARTICLE 3 SCOPE OF SERVICES ARTIST shall perform the following services in accordance with this Agreement with CITY as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2. The sculpture shall be produced to the CITY's satisfaction and in conformity with the appropriate moral and ethical standards for the community in which the CITY is located. The quality of the completed materials is a matter of prime importance and shall meet all applicable industry standards. The CITY shall have the right to approve and/or reject the sculpture or any portion thereof. The display, of the sculpture shall be subject to the sole discretion of the CITY. 3.3 The ARTIST shall perform and provide services as set forth in the Proposal for the Carolyn Sims Public Art Memorial dated December 8, 2006, a copy of which is attached hereto as Exhibit "A". ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall take effect as of the date of execution as shown herein below and shall end upon completion of the ARTIST's work and services described in Articles 2 and 3 hereof. 4.2. All documents, plans, work products, materials, equipment and tools belonging to the CITY will be furnished to the CITY upon completion and/or termination of the Agreement, whichever occurs fIrst. 4.3 The CITY's rights to exhibit, publish, broadcast, advertise and otherwise use of the likeness of the sculpture shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. The CITY shall provide compensation and/or payments to the ARTIST as set forth in the Proposal for the Carolyn Sims Public Art Memorial dated December 8, 2006, a copy of which is attached hereto as Exhibit "A". Page 3 of 8 Macintosh HD:Users:dcd:Desktop:Artist Agreernent- Varga. doc ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CITY or ARTIST may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the Code of Ordinances of the CITY and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will ARTIST be compensated for any work which has not been described in a separate written agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Worker's Compensation Insurance, property damage, liability insurance and vehicular liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the ARTIST shall require the sub-Contractors similarly to provide Worker's Compensation Insurance for all the latter's employees unless such employees are covered by the protection afforded by the ARTIST. A. ARTIST shall secure and maintain in force, throughout the duration of this contract, comprehensive general and automobile liability insurance with a minimum coverage of $1,000,000 per occurrence; $1,000,000 aggregate for personal injury; $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1 ,000,000 (all professional contract services). B. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. C. ARTIST shall secure and maintain in force throughout the duration of this contract workers' compensation insurance to statutory limits. D. ARTIST shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. E. Reference Insurance Advisory Form for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If ARTIST claims to be exempt from this requirement, ARTIST shall provide CITY proof of such exemption along with a written request for CITY to exempt ARTIST, written on ARTIST's letterhead. Page 4 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement- Varga_doc 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the ARTIST is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The ARTIST shall retain sole and absolute discretion in the judgment of the manner and means of carrying out ARTIST's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of ARTIST, which policies of ARTIST shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of ARTIST's funds provided for herein. The ARTIST agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to fmd other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the ARTIST and the CITY and the CITY will not be liable for any obligation incurred by ARTIST, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by ARTIST without the prior written consent of CITY. However, this Agreement shall run to the CITY and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. No Contingent Fees. ARTIST warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for ARTIST any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 7.5. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the ARTIST and the CITY designate the following as the respective places for giving of notice: CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No. (561) 742-6010 Page 50f8 Macintosh HD:Users:dcd:Desktop:Artist Agreement-Varga.doc Facsimile No. (561) 742-6011 James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 ~kV~ , V:iV~C~ ~(0 ( o-h_tllMsStktliv q f\--:: (.,0 t- tJnre tJe,i v~ ~~U-c"!41, k 33 Cf 13 Telephone No. $VI .;t 7.f'. 7)-:t1 r~: u sV/70l.{-1( 'teet! 7.6. Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. Copy To: ARTIST: 7.7. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.8. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 7.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.10. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.11. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the ARTIST and supersedes all prior negotiations, representations or agreements, either written or oral. 7.12. Equal Employment Opportunity. In the performance of this Agreement, the ARTIST shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.13. Waiver. Any failure by ARTIST to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and ARTIST may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Page 6 of8 Macintosh HD:Users:dcd:Desktop:Artist Agreement- Varga_doc 7.15 Usage Rights After final acceptance of the artwork by the CITY, the following artists' rights shall be guaranteed: · Maintenance of public artworks shall be the responsibility of the CITY or developer or property association and not the ARTIS T. The responsible party shall make reasonable efforts to maintain the artwork in good repair. The responsible party shall attempt to consult the ARTIST on major repairs. · The artwork shall not be altered, modified, removed or relocated from a site integral to the concept for the work without first consulting with the ARTIS T, if reasonably possible. If a work, nevertheless, has been significantly altered, the ARTIST shall have the right to disclaim authorship. · Copyright of the artwork shall belong to the creator( s), but the CITY or developer or property association shall be granted the right to make two-dimensional reproductions for non-commercial purposes. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. WIlNE. sS. Ei;; / ". , ~f~ WU.;r (fi4: 4t~ . / Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga.doc CITY CITY OF BOYNTON BEACH, FLORIDA: BY: ~141 SSNER, CITY MANAGER ARTIST BY: Print Name: Title: Page 70f8 STATE OF FLORIDA ~ : ss: COUNTYOF ~ 6PtIc:h: BEFORE ME, an officer dilly uthorized by law to administer oaths and take personally appeared . as e ~ -- of who is personally own . to me or who has produced ~ as identfPcation, and acknowledged executing the foregoing Agreement as the proper official of i I {;.)A)/V _ ~~ ~or the use and purposes mentioned therein and that the instrument is the act and deed V bf _ _~' -'------ /J1f1L1HIr IN WITNESS OF THE FOREGOING, I have &et my hand and official seal at in the State and County aforesaid on this /1 day of tAr I2tL ,2007. (Si~ ~tale of Florida) ",111'1, e h i ~,~~~y.;y.!'~~~ .:>tep an e D. Kahn f:<Jt.:~ ~Commission #DD432264 ~~~.....-#,fExpires: MAY 22,2009 '" OF ~ \,'" "'/11I"\ WWW.AARONNOTARY.com (Print, Type or Stamp Commission Name of Notary Public) Page 8 of8 Macintosh HD: Users:dcd:Desktop:Artist Agreement- V arga.doc Varaa ScufPturina Studio 2% NE 6TH AVENUE DELRAY BEACH, FL 33483 561-278-7549 GROSSE POINTE MICHIGAN 313-884-4456 Date: December 8, 2006 To: Debby Coles-Dobay Public Art Administrator City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 PROPOSAL FOR: The Carolyn Sims Public Art Memorial In response to the Request for Proposal for the Carolyn Sims Memorial located at the newly renovated Carolyn Sims Center at Wilson Park. I have prepared a proposal for the Public Art project. Artists Qualifications I am an established Artist and have delivered many Public Art Commissions. My qualifications awarded me this project and I am now prepared to submit this proposal to complete the necessary steps to create and construct this Public Art Memorial Project. Carolyn Sims Memorial Concept Based on the detailed information provided to me about Carolyn Sims, her contributions to her city and community service. The celebration of her life in the community and her family inspired me to create a Public Art memorial project that captures this spirit. The working name fro this memorial is ''The Spirit of Rorida". The memorial sculpture concept depicts this spirit by showing hands (man, woman, teen & child) coming from gold sun base surrounded by Horida fauna reaching up to conure parrots raised up on pedestal base for placement in front of Carolyn Sims Center at Wilson Park. A plaque on sculpture base will detail the memorial's significance. In addition, I will create a bronze bust or relief of Carolyn Sims for placement in the lobby along with a plaque that summarizes her accomplishments. The location for the Public Art Memorial is outside the front entrance to the new Carolyn Sims Center at Wilson Park. The Carolyn Sims Memorial will be accessible to all that visit and frequent this facility. The bronze relief or bust will be placed in the lobby of the Wilson Community Center with a plaque that summarizes her contribution to the City service and community. This proposal will provide a 12" scaled three dimensional painted Maquette of the Carolyn Sims Memorial project called "the Spirit of Horida". The Maquette can be used for the following: . For use in presentations to educate and promote the community, city, Sims family and visitors on the Carolyn Sims Memorial Public Art project. For use in workshops to encourage community participation to rename the project. To use in reproduction for fundraising, promotion and merchandising opportunities. To use in advertising and marketing for the Carolyn Sims Center at Wilson Park and Carolyn Sims Memorial Public Art materials. . . . Additional elements Lighting: Provided on site from above Engraved plaque for both memorial and bust Bronze size 10" x 12" with name and dates in .75" letters and dedication in .25" lettering. Approximately 60-70 words. Maquette production - Provide costs to reproduce small size version of Carolyn Sims Memorial )costs to produce each bronze is additional) Total proposal estimate at $ 60,000.00 includes: 1. Concept 2. Maquette production for Carolyn Sims Memorial artwork 3. Digital image of Maquette 4. Merchandising rights for Maquette use 5. Workshop presentation time 6. Studio tour time 7. TIme for filming and documentation 8. Full size clay model for both Memorial and bust 9. Bronze casting both Memorial and bust/relief 10. Production of plaques 11. Base construction for sculptures 12. Coordination with city project manager for lighting 13. Granite and installation for sculpture bases 12. Structural engineering or material testing, permit fees, insurance to cover the scope of the project. 13. Installation of sculptures 14. Time to attend Grand Opening and unveiling events. 15. Maintenance recommendation and continued maintenance availability (City os responsible for long term maintenance costs) Terms Maquette and delivery $ 500.00 July 2007 (PBC Grant award)$ 30,000.00 August 2007 ( Cast pieces back from foundry) $ 25,500.00 December 2007 (upon Completion and installation) $ 4,500.00 Timeline: December 2006 - Complete the Maquette. February - August 2007 - Present at a total of four workshops for presentation of Carolyn Sims Memorial Public Art project. Communicate with Carolyn Sims on concepts for Carolyn Sims bronze or relief likeness. July - Notice from City to proceed based on Palm Beach County grant notice to proceed, Begin Carolyn Sims Memorial Public Art project and Carolyn Sims bust. August 2007 - Clay models made and ready for approval September 2007 - Rubber molds produced September - December 2007 - Foundry cast bronzes September - December 2007 - Plaques produced Community Participation Part of the Carolyn Sims Memorial Public Art Project is to include and engage the Community in the - project. As a Public Artist, I am prepared to participate and facilitate the education, creations and promotion of the Carolyn Sims Memorial Project with the community. Along with the City of Boynton Beach's Public Art Administrator and Recreation and Parks department I propose the following to facilitate the community participation: • Explain the concept of the sculpture and describe the actual process in the creation of the Spirit of Florida at workshops arranged by the city. This will include making of clay models, rubber molds, wax positives and subsequent bronze sculptures using the lost wax casting process. The workshops will be for organized groups from the community and city churches, schools and other interested groups. • Work closely with the Sims family in the creation of a bronze bust or relief of Carolyn Sims. The work will be created from pictures /images provided by the Sims family and the family will have the opportunity to review and suggest changes to the final sculpture. Family input will be a key factor in the creation of an approved likeness of Carolyn Sims. • Provide a lecture style tour(s) of my art studio to describe to groups the method in which the art is created. The tour(s) will be coordinated with the appropriate direction of city for organized groups. • Work closely with the Public Art Administrator and Rec and Parks in the filming of the workshops and studio visits and of the sculpture in progress. Films /videos of the creation of the sculpture may also be a useful tool for education in school art classes and enlightening the people of the community in the arts. • Provide information and scheduling on the sculpting process to the Public Art Administrator and Parks & Recreation Department as necessary to assist with this project. • The project will be completed within the approved budget. Specs and Costs Contract proposal for the accepted design concept for the Carolyn Sims Memorial Public Art Project for placement at the Carolyn Sims Center at Wilson Park. Carolyn Sims Memorial "Spirit of Florida" Size: 7'high x 6'wide total size Sculpture: 3' h x 4 "w Base: 4'h x 4'wide hexagon or octagon with a 2'w instep around base bottom totaling 6' Material: Cast bronze sculpture with patined a variety of colors. Base: Blue Granite (.75" thick) over cement base structure 2' permitter of cement or matching walkway material Carolyn Sims bust/relief Size: Lifelike bust of Carolyn Sims 5' total size Bust: 22 "h x 17 "w head to shoulders Pedestal: 15 "square 38 "high Material: Cast Bronze for the bust with granite (color TBD) (.75" thick) over concrete base April.: December 2007 (except May 31 - June 30 artist out of Country) - Conduct tours of scheduled groups to my studio to demonstrate the process of the memorial project. Provide access to studio to film and documentary -sews. Availability for presentations and workshops scheduled by City. December 2007 - Installation complete ready for inspection. January 2008 - Present at Grand Opening unveiling celebrations.