HomeMy WebLinkAboutReso 2007-1084
RESOLUTION NO. 2007- I/)~'-'-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT
WITH REIN TRlEFELDT IN SUBST ANTlALL Y THE SAME FORM
FOR THE DESIGN, CONSTRUCTION, DELIVERY AND
INSTALLATION OF A SCULPTURE ENTITLED "BLUE ADMIRAL
BUTTERFLY, THE CATERPILLAR'S DREAM" AT THE GWEN
MARGOLIS PARK, IN AN AMOUNT NOT TO EXCEED FIFTY FIVE
THOUSAND DOLLARS ($55,000.00), ATTACHED HERETO AS
EXHIBIT "A"; AUTHORIZING THE MA YOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission has continually expressed its desire to create a visually
distinctive, yet attractive and pleasing urban environment; and
WHEREAS, in accordance with its Art in Public Places Ordinance, the City desires to install
a monumental sculpture at the Sunny Isles Beach Gwen Margolis Park; and
WHEREAS, the placement of certain artwork throughout the City enhances the image of the
City and further makes it a desirable community in which to live, vacation, and do business; and
WHEREAS. Rein Triefeldt, an experienced artist (the ARTIST), has expressed the ability
and desire to create an original sculpture entitled "Blue Admiral Butterf1y, the Caterpillar's Dream"
(to be located at the Sunny Isles Beach Gwen Margolis Park), which represents the concept of
conserving nature and the environment; and
WHEREAS, the City Commission wish to enter into an agreement with the ARTIST for the
design, construction, delivery and installation of said sculpture, in an amount not to exceed Fifty Five
Thousand Dollars ($55.000.00) and attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The Agreement with Rein Triefeldt for the design,
construction, delivery and installation of a monumental sculpture at the Gwen Margolis Park, in an
amount not to exceed Fifty Five Thousand Dollars ($55,000.00), attached hereto as Exhibit "A", be,
and the same, is hereby approved in substantially the same form.
Section 2.
Authority of Mavor. The Mayor is hereby authorized to execute said Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Approving Agllll with Rein Tricfddl ]
] 01'2
Section 4
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 19th day of April, 2007.
A TrEST:
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~, CMC, City Clerk
APPROVED AS TO FORM
AND LEG SU 'F C "NCY:
Moved by:
~. -~
:w\:;v
Seconded by:
Vote: 4,6-1
Mayor Edelcup ~(Yes)
Vice Mayor Thaler V(Yes)
Commissioner Brezin V(Yes)
Commissioner GoodmanAb~y es)
Commissioner Iglesias --tL:.(Yes)
(No)
_(No)
_(No)
_(No)
(No)
Approving ^gml with Rein Tricfcldt 1
201'2
AGREEMENT BETWEEN CITY OF SUNNY ISLES BEACH AND
REIN TRIEFELDT, LLC AKA REIN TRIEFELDT
FOR COMMISSIONED ARTWORK
CONTRACT NO. C0607-044
This is an Agreement, is made and entered into this 11 <\)l day of M Cl ~ ,2007
by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a political s\ division of the
state of Florida, located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, hereinafter
referred to as "CITY," and REIN TRIEFELDT, LLC, aka Rein Triefeldt, a New Jersey based
corporation located at I I IS Hamilton A venue, Trenton, New Jersey 08629, hereinafter refeITed to as
"ARTIST."
WHEREAS, in accordance with its Art in Public Places Ordinance, the City desires to install
a monumental sculpture at the Sunny Isles Beach Gwen Margolis Park, hereafter referred to as the
"Site"; and
WHEREAS, the ARTIST has expressed the ability and desire to create an original sculpture
entitled "Blue Admiral Butterfly, the Caterpillar's Dream" and install same at to be located at the
Sunny Isles Beach Gwen Margolis Park, whieh represents the concept of conserving nature and the
environment; and
WHEREAS, both parties wish to enter into an agreement for the design, construction,
delivery and installation of said Work.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants
and payments hereinafter set forth, CITY and ARTIST agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
The definitions and identifications set forth below are assumed to be true and correct and are
agreed upon by the parties.
1.1 Agrecmcnt. This document, and other terms and conditions which are included in the
exhibits and documents that are expressly incorporated by reference.
1.2 Artist. The individual or business entity selected to perform services pursuant to this
Agreement.
C0607-044 Butterfly Artist Agreement
SlB
Ci(l' of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160-
(305) 947-0606 phone (305) 949-3113 Fax
1.3 City. The City of Sunny Isles Beach, Florida. Unless othcrwise provided in the Agrcement,
where certain approvals and submissions are required from the CITY in this Agreement,
those shall be required by the Mayor and City Commission of the CITY of Sunny Isles
Beach, Florida or the City Manager.
1.4 City Manager. Shall mean the Chief Administrative Officer of the CITY.
1.5 Contract Administrator. The City Manager or a dcsignee of the City Manager, whose
primary responsibilities arc to coordinate and communicate with ARTIST and to manage and
supervise execution and completion of the Scope of Services and the terms and conditions of
this Agreement, as set forth herein.
1.6 City Attol'l1ey. The chief legal counsel for CITY who directs and supervises the Office of
the City Attorney.
1.7 Notice to Proceed. A written Notice to Proceed for the Project issued by the Contract
Administrator.
1.8 Project. That certain unique and original work of art to be situated in a location designated
by the CITY at the Sunny Isles Beach Town Center Park. May also be referred to as
sculpture from time to time.
1.9 Work Any work(s) required by ARTIST under this Agreement to successfully complete the
Project.
ARTICLE 2
SCOPE OF SERVICES
2.1 ARTIST shall perform all Work identified in this Agreement and Attachment "A" for the
engineering design, permitting, fabrication, transportation, and installation of the Project.
2.2 ARTIST acknowledges that the project will be located at the Sunny Isles Beach Gwen
Margolis Park. The ARTIST shall use the following design and materials when constructing
the sculpture: Blue Admiral Butterfly - Bronze with Stainless Steel Wings, 36 to 38 inches
Body, with 9 feet wing span, 45 x 68 inches wing, using durable bronze and stainless steel to
avoid erosion and rust, as more fully described in the Artist's proposal entitled "Butterfly
Proposal" attached and incorporated hereto as "Attachment A." ARTIST shall also provide
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C0607 -044 Butterfly Artist Agreement
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City of SuulIY Isles Beach
18070 Collins Avenue, Sunny Isles Beach, I'lorida 33160
(305) 947-0606 phone (305) 949-3113 Pax
and deliver and securely mount the sculpture to a stone bolder at the Site, which shall serve
as the pedestal for the sculpture, provided by ARTIST, at the Site.
2.3 ARTIST shall provide monthly progress reports and/or deliverables in a manner acceptable
to the Contract Administrator.
2.4 Prior to installation of the Project, the ARTIST shall furnish the Contract Administrator with
professional photographic documentation showing the completed Work. Photographs shall
include the following:
I. Two (2) identical sets of twelve 35mm color slides illustrating various aspects of the
artwork within the site.
2. Two 4x5 color transparencies.
3. Pour 8xl0 black and white photographs.
Slides and photographs shall be of acceptable professional quality as determined by the
Contract Administrator.
In addition to the photographic documentation referenced above, ARTIST shall also provide
Contract Administrator with any and all sketches, drawings, construction documents (if
applicable), and as-built plans (if applicable) showing the completed Work. If requested,
Artist may provide high resolution digital pictures.
2.5 Upon completion of the Project, ARTIST shall provide Contract Administrator with a
detailed written schedule and instructions for the routine care, maintenance, and preservation
specific to the Project, as set forth in Exhibit C, Cataloguing I'orm. attached and made a part
hereof.
2.6 ARTIST shall be responsible for the quality and timely completion of the Project. The
ARTIST shall be responsible for designing the artwork so that it can be constructed without
exceeding the approved overall budget.
2.7 ARTIST agrees that all Work shall comply with all applicable Federal. State, Miami-Dade
County, and CITY of Sunny Isles Beach laws, ordinances, codes and regulations. ARTIST,
through the City, shall be responsible for obtaining any required approvals and permits for
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C0607-044 Butterfly Artist Agreement
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City of SUIIIIY Isles Beach -
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
the Project, although ARTIST shall not be required to pay fees charged by the CITY for such
approvals and permits.
2.8 The ARTIST shall not make any public information release in connection with the Project
and/or the Work performed pursuant to this Agreement without the prior written permission
of the Contract Administrator.
2.9 The ARTIST shall take all necessary steps to coordinate the Work with any ongoing work of
the CITY, or any third party under the direction and control of the CITY, on or near the Site.
2.10 While ARTIST is solely responsible for the execution, fabrication, transportation, inspection
and/or installation of the Project, the following provisions shall apply:
a. The Contract Administrator shall notify ARTIST of the CITY'S, or any other
contractor's under the direction and c:mtrol of the CITY, construction schedules in and
around the area where the Work is to be performed or installed, if they are known by
the CITY. The ARTIST shall perform the Work in a manner and time so as not to
cause interference with any of the operations of the CITY or such third party
contractor. In the event of contlict between the schedules of a third party contractor,
CITY, and ARTIST, the contlict will be resolved by the Contract Administrator, and
the Contract Administrator's decision and resolution as to same shall be binding upon
ARTIST.
b. CITY may provide engineering expertise for the stone bolder upon which the sculpture
will be installed. However. ARTIST shall be solely responsible for conducting any
and all inspections of the Site for purposes of ascertaining the condition of same and
for the proper execution of the Work, and completion and installation of the Project.
ARTIST agrees to install a concrete pier post foundation that will appear as on the
ground with plantings surrounding it.
c. When working on the Site. ARTIST shall perform such periodic clean up as may be
reasonably requested by the Contract Administrator. Upon completion, ARTIST shall
remove his equipment, excess materials, and waste promptly from the Site, as directed
by Contract Administrator.
2.11 ARTIST shall bear all transportation and storage costs resulting from the construction,
delivery and installation of the Project.
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C0607 -044 Buttertly Artist Agreement
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- City of SlIuuy Isles Beaeft
18070 Collins A venue, Sunny Isles Beach, Florida 33 I 60
(305) 947-0606 phone (305) 949-3113 Fax
2.12 Title to the Project shall pass to thc CITY following the Contract Administrator's inspection
of the Work and, if the Work is approved, upon Contractor's issuance of written final
acceptance of the complete installed Project. In furtherance of the foregoing, it is understood
that any risk of loss or damage to the Work and/or the Project shall be the sole responsibility
and liability of ARTIST until such time as the Contract Administrator has issued a final
written acceptance of the Project.
2.13 Upon Contract Administrator's written linal acceptance of the complete installed Project, all
documents related to the conception, proposal, fabrication, and installation of the Project,
including "as built" documents, shall be turned over to the Contract Administrator and
become the property of CITY. ARTIST understands and agrees. that CITY shall be free to
exhibit and/or reproduce these documents as a record of ARTIST'S conception of the Work.
ARTICLE 3
TERM and TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the date it is flIlly executed by both parties.
Thereafter, ARTIST shall diligently execute the Work and shall deliver the completed
sculpture within thirty-two (32) weeks fl'om the date of execution, as more fully described in
Attachment A.
3.2 Time shall be deemed to be of the essence In performing the duties, obligations and
responsibilities required by this Agreement.
3.3 The CITY, through the Contract Administrator, may grant a reasonable extension of time to
the ARTIST in the event that there is a delay on the part of the CITY in performing its
obligations or in completing the underlying CITY capital project resulting in a delay of the
Site being made available to ARTIST [or proceeding with the Work, or if conditions beyond
the ARTIST'S control render timely performance of the ARTIST'S services impossible or
unexpectedly burdensome. All requests for extensions o[time must be submitted in writing
to the Contract Administrator by the ARTIST as soon as the delay or conditions become
known and their impact is evaluated, and shall not be effective unless approved in writing by
the Contract Administrator.
3.4 Either party is excused from performance and shall not be liable for any delay in delivery or
for non-delivery, in whole or in part, caused by the occurrence ofa force majeure event such
as hurricane, fire, civil disobedience, riots. rebellions. explosion. flood, storm, Acts of God,
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C0607-044 Butterfly Artist Agreement
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City of SUIlIlY Isles Beadl
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
and similar occurrences. Failure to fulfill contractual obligations due to force majeures set
forth in the preceding sentence will not be considered a breach of contract, provided that such
obligations shall be suspended only for the duration of such condition.
ARTICLE 4
COMPENSA TION
4.1 CITY agrees to pay ARTIST, in the manner specified in Section 4.4 and Attachment B,
"Compensation and Schedule of Payments", the total amount of Fifty Five Thousand Dollars
($55,000.00) for Work actually performed, completed and accepted pursuant to this
Agreement, which amount shall be the sum total accepted by ARTIST as full compensation
for the Project. No amount shall be paid to ARTIST for reimbursable expenses.
4.2 ARTIST may submit invoices for compensation no more often than on a monthly basis, but
only after the Work for which the invoices are submitted has been completed. An original
invoice plus one copy is due within fifteen (15) days of the end of the month, except the final
invoice which must be received no later than sixty (60) days after completion of all Work by
ARTIST. Invoices shall designate the nature of the services performed and/or the expenses
incurred. A written progress report shall accompany each invoice, describing the Work
completed during that period.
4.3 CITY shall pay ARTIST for Work satisfactorily performed and accepted by the Contract
Administrator, within thirty (30) calendar days of receipt of ARTIST'S proper statement. To
be deemed proper, all invoices must comply with the requirements set forth in this
Agreement and must be submitted on the form and pursuant to instructions prescribed by
Contract Administrator.
4.4 Notwithstanding any provision of this Agreement to the contrary, CITY may, at the sole
discretion of the Contract Administrator, withhold, in whole or in part, a portion of any or all
payment due under the Agreement, to the extent necessary to protect itself from loss on
account of inadequate or defective work which has not been accepted by Contract
Administrator, and has not been remedied or resolved in a manner satisfllctory to Contract
Administrator.
4.5 Payment shall be made to ARTIST at the business address provided by the ARTIST.
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C0607-044 Butterfly Artist Agreement
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Cily of SIIIlIlY Isles Beach
-18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Any change to the Scope of Services must be accomplished by a written amendment,
executed by the parties in accordance with Section 12.16.
5.2 The ARTIST shall, whenever required during the term of this Agreement, present to Contract
Administrator, in writing, drawing or other appropriate media, for further review and
approval, any significant changes in the scope, design, color, size, material, utility and
support requirements, texture, or location of the Site or of the Project. A significant change
is any change that affects the size, quality, installation, scheduling, Site preparation or
maintenance of the Project. or the concept of the Project as represented in the original
approved design.
ARTICLE 6
ARTIST'S WARRANTIES
6.1 The ARTIST warrants that (a) the Project being commissioncd is thc original product of the
ARTIST'S own creative efforts; and (b) unless otherwise stipulated, the Project is original, or
in other words, an edition of one (1).
6.2 The ARTIST warrants that reasonable maintenance of the Project will not require any
extraordinary procedures, just washing and waxing annually, or twice a year, using
recognized standards of conservation; or the cxpenditure of substantial funds by the CITY
and that ARTIST shall deliver the Project to the CITY ti'ee and clear of any liens from any
source whatsoever.
6.3 The ARTIST warrants that he shall faithfully perform the Work in accordance with standards
of care, skill, training, diligence and judgment provided by highly competent professionals
who perform work of a similar nature.
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C0607 -044 Butterfly Artist Agreement
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City of SIIIIIIY Isles Beach
-18070 Collins Avenue, Sunny Isles-Beach, Plorida 33160
(305) 947-0606 phone (305) 949-3 113 Fax
ARTICLE 7
WIND RESISTANCE
7 It is understood that the specific location of the project is the Gwen Margolis Park and its
permanent public installation is integral to this Agreement. The ARTIST agrees that the
project shall be constructed to meet the wind resistance requirements set forth in the Plorida
Building Code.
ARTICLE 8
COPYRIGHTS
8.1 Neither the whole nor any p0l1ion of the Project shall be the subject of any application for
copyright or patent by or on behalf of the ARTIST without the prior written consent of the
CITY. Ifsuch consent is given, and notwithstanding such rights, ARTIST hereby grants to
CITY a non-exclusive, perpetual, irrcvocable. and royalty free license to reproduce, make,
print and/or publish photographic, filmcd or vidcotaped reproduce, make, print and/or
publish photographic, filmed or videotaped reproductions and other two-dimensional
likenesses of the Project and/or the proposals for the Project for such purposes as determined
solely by the CITY in its reasonable discretion. In this connection, it is understood that public
promotional and advertising uses are without limitation. It is also understood that either of
the parties to this Agrcement may also permit photographic, filmed, videotaped or other
reproductions of the Project to appear as editorial matter in newspapers, magazines,
periodicals, books, motion picture films and/or videotaped films. In connection with any
such reproduction and publication by any party, that party shall arrange for appropriate credit
identifying the name of thc ARTIST as the Project's creator, the title of the Project, the
materials, dimensions, and the location thereof.
8.2 ARTIST agrees that all Work performed under this Agreement shall comply with all
applicable patent, trademark and copyright laws. rules, regulations and codes. The ARTIST
fUl1her agrees that the Work will not utilize any protected patent, trademark or copyright
unless ARTIST has obtained proper permission and all releases and other necessary
documents.
8.3 If the ARTIST uses any protected material, process or procedure, the ARTIST shall disclose
such patent, trademark or copyright in the cJnstruction drawings and technical specifications.
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C0607-044 Butterfly Artist Agreement
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City of SUI/I/Y Isles Beach
-18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ARTICLE 9
TERMINATION
9.1 This Agreement may be terminatcd for causc or without cause by the CITY, through the
Contract Administrator, upon thirty (30) days prior written notice to the ARTIST.
9.2 Termination of this Agreement for "causc" shall include failure to continuously perform the
Work in a timely manner calculated to mect or accomplish the objcctives of the CITY as set
forth in this Agreement, a breach of the provisions of this Agreement (notwithstanding
whether any such breach was previously waived or cured), or any othcr reason necessary to
protect thc health, safety, or welfare of the gcneral public.
9.3 Notice of termination shall bc provided in accordance with the NOTICES section of this
Agrcement except that noticc oftcrmination which Contract Administrator decms necessary
to protect the public health, safety. or welfare may bc by verbal notice which shall be
promptly confirmcd in writing in accordance with the NOTICES section of this Agreemcnt.
9.4 The death or permanent incapacity of the ARTIST shall automatically terminate this
Agreemcnt. Neither the ARTIST nor the ARTIST's estate shall have any further right to
perform hercunder. The CITY shall have the right to secure the Work, in its original state at
the time of ARTIST's death or incapacity, and shall have the right to complete same,
provided that credit will be accorded to the ARTIST or his estate for his portion of the Work.
ARTIST's estate shall be compensated for any unpaid amounts.
ARTIC,E 10
MISCELLANEOUS
10.1 AUDIT RIGHT AND RETENTION OF RECORDS
CITY shall have the right to audit the books, rccords, and accounts of ARTIST that are
related to this Project. ARTIST shall kccp such books, rccords, and accounts as may bc
nccessary in order to record complcte and correct cntries rclated to thc Project.
ARTIST shall prcscrve and makc available, at reasonablc timcs for examination and audit by
CITY, all financial records, supporting documents, statistical records, and any other
documcnts pcrtinent to this Agreemcnt for the required retention period of the Florida Public
Records Act (Chapter 119, Fla. Stat.), if applicablc, or, if the Florida Public Records Act is
not applicable, for a minimum period ofthrec (3) years after termination of this Agreement.
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C0607-044 Butterfly Artist Agrcement
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City of Suuuy Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
If any audit has bcen initiatcd and audit findings have not been rcsolved at the end of thc
retention period or three (3) years, whichever is longer, thc books, rccords, and accounts shall
be retained until resolution of the audit findings. If the Florida Public Records Act is
determincd by CITY to be applicable to ARTIST'S records, ARTIST shall comply with all
requirements thereof; howcver, no confidentiality or non-disclosure requirement of either
federal or state law shall bc violated by CITY or ARTIST.
10.2 NONDlSCRIMlNA TION, EOUAL EMPLOYMENT OPPORTUNITY, and AMERICANS
WITH DlSAI3ILITIES ACT
ARTIST shall not unlawfully discriminate against any person in its operations and activities
or in its use or expenditure of funds in fulfilling its obligations under this Agreement.
ARTIST shall affirmativcly comply with all applicable provisions of thc Americans with
Disabilities Act (ADA) in the course ofpl"Jviding any services funded by CITY, including
Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all
applicable regulations, guidelines, and standards. In addition, ARTIST shall take affirmative
steps to ensure nondiscrimination in employment against disabled persons. Such actions
shall include, but not be limited to, the following: employment, upgrading, dcmotion,
transfer, recruitment or recruitment advertising. layoff, termination, rates of pay, other forms
ofcompcnsation, tcrms and conditions ofcmployment, training (including apprenticeship),
and accessibility.
ARTIST'S decisions regarding thc delivcry of services undcr this Agreemcnt shall be made
without regard to or consideration of race, age, religion, color, gendcr, sexual orientation,
national origin, marital status, physical or mcntal disability, political affiliation, or any other
factor which cannot bc lawfully used as a basis for service dclivery.
ARTIST shall not engagc in or commit any discriminatory practice in violation ofthc Miami
Beach Human Rights Ordinance in performing any scrvices pursuant to this Agreement.
10.3 PUBLIC ENTITY CRIMES ACT
ARTIST reprcsents that the exccution of this Agreement will not violatc the Public Entity
Crimes Act (Fla. Stat. 9287.133), which essentially providcs that a person or affiliate who is
a contractor, consultant or other provider and who has been placed on the convicted vendor
list following a conviction for a Public Entity Crimc may not submit a bid on a contract to
provide any goods or services to CITY, may not submit a bid on a contract with CITY for the
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C0607-044 Butterfly Artist Agreement
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City of SIIIII1Y Isles Beach
18070 Collins A venue, Sunny Isles Beach, Florida 33] 60
(305) 947-0606 phone (305) 949-31]3 Fax
construction or repair ofa public building or public work, may not submit bids on leases of
real property to CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with CITY, and may not transact any business
with CITY in excess of the threshold amount provided in Section 287.0] 7, Florida Statutes,
for category two purchases for a period of 36 months from the date of bcing placed on the
convicted vendor list. Violation of this section shall result in termination of this Agrcement
and recovery of all monies paid hcreto, and may result in debarmcnt fi'om CITY'S
competitive procurement activities.
In addition to the foregoing, ARTIST further reprcsents that there has been no determination,
based on an audit, that it committed an act defined by Section 287. ] 33, Florida Statutes, as a
public entity crime and that it has not been formally charged with committing an act defined
as a public entity crim~ rcgardless of the amount of money involved or whether ARTIST has
been placed on the convicted vendor list.
10.4 INDEPENDENT CONTRACTOR
ART]ST is an indepcndent contractor under this Agrecment. Services provided by ARTIST
pursuant to this Agreement shall be subject to the supervision of ARTIST. In providing such
services, neither ARTIST nor its agents s'lall act as olTIcers, employees, or agents of the
CITY. This Agreemcnt shall not constitute or make the parties a partnership orjoint venture,
and furthermore, this Agreement does not constitute a work for hire arrangement or
agreement.
10.5 THIRD PARTY BENEF1CIAR]ES
Neither ART]ST nor CITY intends to directly or substantially benefit a third party by this
Agreement. Therefore, the parties agree that there arc no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of them
based upon this Agreement. The parties expressly acknowledge that it is not their intent to
create any rights or obligations in any third person or entity under this Agreement.
10.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing, sent
by certified United States Mail, postage prepaid, return receipt requested. or by hand-deIivelY
with a request for a written receipt of acknowledgment of delivery, addrcssed to the party for
whom it is intended at the place last specified. Thc place for giving notice shall remain the
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C0607-044 Butterfly Artist Agreement
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City of SUIlIlY Isles Beach-
-18070 Collins A venue, Sunny Isles Beach, rIorida 33160
(305) 947-0606 phone (305) 949-3113 Fax
same as set forth herein until changed in writing in the manner provided in this section. For
the present, the parties designatc the following:
FOR CITY:
A. John Szerlag, City Manager
City of Sunny Isles Beach
18070 Collins A venue
Sunny Isles Bcach, FL 33160
with copies to:
Hans Ottinot, City Attorncy
City of Sunny Isles Beach
18070 Collins A venuc
Sunny Isles Beach, 1'1. 33160
FOR ARTIST:
REIN TRIEFELDT, LLC
Attn. Rein Tricfcldt
I lIS Hamilton A venuc
Trenton, New Jersey 08629
10.7 ASSIGNMENT AND PERFORMANCE
ARTIST shall not assign, transfer, or encumber all or any portion of this Agrcemcnt.
ARTIST reprcsents that all pcrsons delivering the scrviccs required by this Agrecment have
thc knowledgc and skills, eithcr by training, expcrience, education, or a combination thcreoC
to adequately and competently perform the duties, obligations, and serviccs set forth in the
Scope of Services and to provide and perform such services for the agreed compensation.
ARTIST shall perform its duties, obligations. and services under this Agreement in a skillful
and respectablc manner. The quality of ARTIST'S performance and all interim and final
product(s) provided to or on behalf of CITY shall be comparable to the best local and
national standards.
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C0607 -044 Butterfly Artist Agreement
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City of SIIIIIIY Isles Beadl
18070 Collins A venue, Sunny Isles Beach, Florida -33160-
(305) 947-0606 phone (305) 949-3113 Fax
10.8 CONFLICTS
Neither ARTIST nor its employees shall have or hold any continuing or ti'equently recurring
cmployment or contractual relationship that is substantially antagonistic or incompatible with
ARTIST'S loyal and conscientious exercise of judgment related to its performance under this
Agreement.
ARTIST agrees that none of its officers or employees shall, during the term of this
Agreement, serve as an expert witness against CITY in any legal or administrative
proceeding in which he or she is not a party, unless compelled by court process. Further,
ARTIST agrees that such persons shall not give sworn testimony or issue a report or writing,
as an expression of his or her expert opinion, which is adverse or prejudicial to the interests
of CITY in connection with any such pending or threatcned legal or administrative
proceeding. The limitations of this section shall not preclude ARTIST or any other persons
Hum representing themselves in any action or in any administrative or legal proceeding.
10.9 CONTINGENCY FEE
ARTIST warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for ARTIST, to solicit or sccure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual or finn, 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 a breach or violation of this provision, The CITY shall have the right to
terminate this Agreement without liability at its discretion, or to deduct from the Agrcement
price or otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
10.10 WAIVER OF BREACH
The failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A waiver of any breach ofa provision of this
Agrcement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
13
C0607-044 Butterfly Artist Agreement
, J ':',',
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City of Suuuy Isles Beacll-
18070 Collins A venue,-Sunny Isles Bcach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
10.11 COMPLIANCE WITH LAWS
ARTIST and CITY shall comply with all federal, state, and local laws, codcs, ordinances,
rules, and regulations in performing its duties, rcsponsibilities, and obligations related to this
Agreement.
10.12 SEVERANCE
In the event this Agreement or a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY
or ARTIST elects to terminate this Agreement. The election to terminate this Agreement
based upon this provision shall be made within seven (7) days after the finding by the court
becomes final.
10.13 JOINT PREPARATION
The parties hereto acknowledge that they havc sought and received whatever competent
advice and counsel as was necessary for thcmto form a full and complcte understanding of
all rights and obligations herein and that the preparation of this Agreement has bcen ajoint
effort of the parties, thc language has been ~greed to by parties to express their mutual intent
and thc resulting document shall not, solely as a mattcr of judicial construction, be construed
more severely against one of the partics than the other.
10.14 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision
of any exhibit attached hereto, any document or events refcrred to hcrein. or any document
incorporated into this Agrecment by refercnce and a term, statement, requiremcnt, or
provision of this Agreemcnt, the term, statement, rcquirement, or provision contained in
Articles I through 13 of this Agreement shall prevail and be given effect.
10.15 APPLICABLE LA W AND VENUE
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Venue for litigation concerning this Agrecment shall be in
Miami Dade County, Florida. BY ENTERING INTO THIS AGREEMENT, ARTIST AND
CITY EXPRESSLY WAIVE ANY RIGHTS THEY MA Y I-lAVE TO A TRIALBY JURY
OF ANY CIVIL LITIGA TION RELATED TO, OR ARISING OUT OF, THIS
14
C0607-044 Butterfly Artist Agrecment
, III
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- City-of Sunny Isles Beacl1_ _ _18070 Collins A venue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-31 13 Fax
AGREEMENT.
10.16 ATTORNEY'S FEES
If this matter is placed in thc hands of an attorney for collection, or in the event suit or action
is instituted to enforce any of the terms or conditions of this agreement, the losing party shall
pay to the prevailing party, in such suit or action in both trial court and appellate court,
together with rcasonablc attorney's fees for the anticipated cost of collection andjudgment
enforcement.
10. I 7 AMENDMENTS
No modification, amendment, or alteration in thc terms or conditions contained herein shall
be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by the City Commission.
10.18 PRIOR AGREEMENTS
This document incorporates and includes all prior negotIatIons, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understandings concerning
the subject matter of this Agreement that are not contained in this document. Accordingly,
the parties agree that no deviation li'om the terms hereof shall be predicated upon any prior
representations or agrecments, whethcr oral or written. 1t 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 in accordance with Section 10.16 above.
10.19 MULTIPLE ORIGINALS
This Agreement may be fully exccuted in duplicate (2) copies by all partics, each of which,
bearing original signaturcs, shall have the force and effect of an original document.
15
C0607 -044 Butterfly Artist Agreement
\ ~ f
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City of SUI/I/Y Isles Bellcl1- - -18070 Collins Avenue, Sunny Isles Beach,-Florida 33160
(305) 947-0606 phone (305) 949-31 13 Fax
10.20 INSURANCE
ARTIST shall maintain, at its sole cost and expense, the following types of insurance
coverage at all times throughout the term of this Agreement or until final acceptance of the
Project by the Contract Administrator, whichever is later, only if ARTIST exercises the
option provided for in section 7.3:
a. Comprehensive General Liability in the mllllmum amount of Three Hundred
Thousand ($300,000) dollars per occurrence bodily injury, death, property damage,
and personal injury. This policy must also contain coverage for premises operations,
products and contractual liability.
b. Contractors must submit proof of Workers' Compensation and Employer's Liability
in the form of a Certificate of Insurance. All other State regulations apply.
c. Automobile insurance is required in the amount of Three Hundred Thousand
($300,000) dollars if ARTIST will be parking vehicles on public property, which is
not a designated public parking space, to unload materials/supplies.
The CITY of Sunny Isles Beach must be namcd as an additional insured and policyholder on
all insurance certificates issued. All insurance policies must be issued by companies that arc
authorized to do business in the State of Florida, and have a rating ofB+VI or better in the
current edition of Best's Key Rating Guide.
The policies of insurance referred to above shall not be subject to cancellation or changing
coverage except upon at least thirty (30) days prior written notice to the ClTY, and then only
subject to the prior written approval of the Contract Administrator. Prior to the
Commencement Date of this Agreement, ARTIST shall provide Contract Administrator with
a Certificate ofInsurance for each such policy. ALL POLICIES SHALL NAME THE CITY
OF SUNNY ISLES BEACH, rLORIDA AS AN ADDITIONAL NAMED INSURED. All
such policies shall be obtained from companies authorized to do business in the State of
Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the CITY'S
Risk Manager, and any replacement or substitute company shall also be subject to the
approval of the CITY'S Risk Manager. Should ARTIST fail to obtain, maintain or renew the
policies of insurance referred to above, in the required amounts, the CITY may, at its sole
discretion, obtain such insurance, and any SlllllS expended by CITY in obtaining said
insurance, shall be repaid by ARTIST to CITY. plus ten percent (10%) of the amount of
premiums paid to compensate CITY for its administrative costs. If ARTIST fails to repay
CITY'S expenditures within fifteen (15) days of demand, the total sum owed shall accrue
interest at the rate of twelve percent (12%) until paid, and such failure shall be deemed an
16
C0607-044 Butterfly Artist Agreement
") N r ~
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City of SIII/IIY Isles Beacl1
18070 Collins Avenue, Sunny Isles Beach, Florida 33 I 60
(305) 947-0606 phone (305) 949-3113 Fax
event of default hereunder.
Notwithstanding thc insurancc rcquircmcnts in this subscction 10.19, ARTIST shall bc
solcly rcsponsiblc for thc safc kccping and prcscl'Vation of an)' and all Work, and ofthc
Projcct, and shall bc solcl)' rcsponsiblc and liablc for an)' risk of loss or damagc to any
and all Work, and/or to thc Projcct, up to thc CITY'S final writtcn acccptancc of thc
Project. In thc cvcnt that all or any pOl.tion of thc Work, or the Project, is lost, stolcn,
damagcd, 01' destroycd (whcthcr in whole 01' in part) prior to thc CITY'S final writtcn
acccptancc of thc Pmject, ARTIST shall bc solcly rcsponsiblc for undcrtaking such
correctivc mcasurcs as shall bc dccmcd rcasonably ncccssary by thc CITY, to rcpair,
I'Cplacc, rcdo, and/or ,'cstorc any and all lost, stolcn, damagcd, and/or dcstroycd (as thc
casc ma)' bc) portions of thc Work, or of thc Pmjcct, and such mcasurcs shall bc
undcrtakcn in accordancc with mcans and mcthods, as wcll as a complction schcdulc,
as shall bc appmvcd by thc Contract Administrator, such approval not to bc
unrcasonablc withhcld. Furthcr, such mcasurcs shall bc undcrtakcn at ARTIST'S solc
cost and cxpcnsc, at no additional cost, and/or liability to thc CITY,
10.21 INDEMNIFICATION
ARTIST agrees to indemnifY and hold harmless thc CITY OF SUNNY ISLES BEACH and its
officers, employees and agents, from and against any and all actions, claims, liabilities. losses,
and expenscs, including, but not limited to, attorneys' fees, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or be
alleged to have arisen fl-OI11 the negligent acts, errors, omissions or other negligent conduct of
the ARTIST, its employees, agents, sub-consultants, or any other person or cntity acting under
ARTIST'S control, in connection with the ARTIST'S performance of the Work pursuant to this
Agreement; and to that extent, the ARTIST shall pay all such claims and losses and shall pay
all such costs and judgments which may issue from any lawsuit arising from such claims and
losses, and shall pay all costs and attorneys' fecs expendcd by thc CITY in the dcfense of such
claims and losses, including appeals. The parties agree that one percent (1 %) of the total
compensation to the ARTIST for pcrformance of the Work under this Agrcement is the specific
consideration from the CITY to the ARTIST for the ARTIST'S Indemnity Agreement.
The ARTIST'S obligation under this Subsection shall not include the obligation to indcmnify
the CITY OF SUNNY ISLES BEACH and its officers, employees and agents, fi'om and against
any actions or claims which arise or are allebed to have ariscn from negligent acts or omissions
or other negligent conduct of the CITY and its officers, employees and agents. Thc parties each
agree to give the other party prompt notice of any claim coming to its knowledge that in any
17
C0607-044 Butterfly Artist Agreement
.. /' n
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Cit)' of SIIIIII)' Isles Beach
-18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Ill.
way directly or indirectly affects the other party.
To the extent pennitted by law, the City agrees to indemnify and hold harmless the ARTIST
from liabilities that may arise during or after the installation of the work if such liabilities are
not due to the negligence of the ARTIST.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: CITY of Sunny Isles Beach, Florida, signing by
and through its Mayor, authorized to execute same by the City Commission, and
ARTIST, duly authorized to execute same.
'jI 'NESSES:
l-IN' Jc~Q lJo
Pl" It: <)l1SIC/lll e'_ L. gfH~NQS.
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Print: B',8C-<\l"l. W=<.\~
ATTEST:
CITY OF SUNNY ISLES BEACH
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Jane Hines, CMC, City Clerk
1Wir)~
APPROVED AS TO FORM AND LEGAL
SUMENC "
18
C0607-044 Butterfly Artist Agreement
REIN TRIEFELDT
1115 HAMILTON AVENUE' TRENTON' NEW JERSEY' 08629. TEL 609 656 2380 . FAX 609 656 2381 . REIN@TRIEFELDT.COM'WYIIW.TRIEFELOT.COM
THE CITY OF SUNNY ISLES BEACH, FLORIDA
GWEN MARGOLIS PARK
Butterfly Proposal
Preliminary concepts
Blue Admiral Butterflv
The Caterpillar's Dream
Conserving nature and the environment have been powerful causes in my work. Thc Blue
Admiral Buttcrfly is representative of that causc. The concept places thc Butterfly at rest on
a stone bolder. Plantings surrounding the bolder provide a deterrent to persons wishing to
maneuver on to the sculpture.
Project logistics and fulfillment
Ideally, I find it bcst to work closely with my clients in thc initial concept and design phase
of a sculpturc project. There are always options and alternative to discuss.
1 bring with me an experienced team, familiar with the cngincering, fabricating, transporting
and installing largc museum quality artworks. I undcrstand that The City of Sunny Isles
Bcach, Florida requires fulfillmcnt ofthc public art project on a timely basis with artworks
appropriately in stall cd and displayed while creating minimal disruption to work schcdules
and business environments.
Special attention will be paid to addrcss issues of wear and tcar by childrcn interacting
with the sculpture. Particularly, usc of durable bronze and stainless stcel matcrials with round
edges.
Generally, sculptures requiring very little maintenancc once installed.
An annual wash and wax is sufficient.
Attachment "A"
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REIN TRIEFELDT
THE CITY OF SUNNY ISLES BEACH, FLORIDA
GWEN MARGOLIS PARK
Butterflv Proposal
Fulfillment
Blue Admiral13utterflv - Bronzc with Stainless Steel Wings
36 to 38 in. Body, with 9 n. wing span, 45 x 68 in. wing.
The benefit to this approach is 33.3% incrcase in scale for added visibility, corrosion resistant
stainless steel wings, adding strength and durability to resist fowl wcather. Increased cost
22%. Again the butterfly body is modeled spccifically for this project, with rubber molding
and cast using lost wax method of ceramic shell bronze casting. Includes modeling through
finished patinaed silicone bronze butterfly body. Butterfly wings are fabricated in corrosion
resistant stainless steel wings and treated with a base coat clear coat Dupont automotive
coating, with an optical hue shifting pigmcnt allowing the wings to shin color subtly with
changes in position or light. Mounting the butterfly to a landscape boldcr, delivery to the site
and installation with all silicon bronze and stainlcss steel hardware. Site preparation,
landscape plantings and lighting supplied by the City of Sunny Islcs Bcach, FL.
$ 55,000. -
Timeline
based 011 A1ay 2007 slart
Week
Estimate
Phase
1-8
May 21-July 8, 2007
Modeling Butterfly in plastilinc clay
8 - 20
July 9-Scpt. 23,2007
Rubber mold of clay, wax pattern casting, wax
pattern chasing, sprue wax pattern, ceramic shell
molding, bronze casting, de-vesting & de-gating
br.
20 - 28
Scpt. 24-Nov. 11,2007
Bronze chasing & finishing, Fabrication, watcr
jet cut bl wings, fabricate bl legs, blantenna
28 - 34
Nov. 12-Dcc. 16,2007
Wing Painting, critical stage, paint booth
available after Sept. 12
Attachmcnt "A" \ \'
34 - 36
36 - 60
60 - 72
72 - 84
Dcc. 17-Dcc. 30, 2007
Dcc. 31-,Junc 8, 2008
Junc 9-Aug. 24, 2008
Aug. 25-Noy. 10,2008
Finish curing time
2008 Studio - reservc time
June, 2008 prcpare subterranean mounting,
stone & sculpture for shipping
Installation window, Sept. 2008 through Nov.
2008 with 60 day advanced notice, Artist site
visit, give site preparation directions for City
works, installation will take a day or two.
Attachmcnt "A"
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COMPENSATION AND SCHEDULE OF PA YMENTS
ARTIST will be paid the specified installment, upon submitting invoice and documentation
substantiating satisfactory complction of each phase of Work and upon the CITY's acceptance of
said portion of the Work as detailed in the installment invoice. CITY shall pay ARTIST the total
sum of FIFTY FIVE THOUSAND Dollars ($55,000.00) for Work that shall include all costs
associated with design development and fabrication of the artwork, materials, labor by sub-
consultants and subcontractors, delivery and installation.
Payment to ARTIST shall be made for Work satisfactorily completed according to the following
schedule:
1. Sixteen Thousand Five Hundred Dollars ($16,500.00), which is approximately 30% of
the fixed fee, to be paid upon execution of this Agreement.
2. Thirteen Thousand Seven Hundred and Fifty Dollars ($13,750.00), which is
approximately 25% of the fixed fee, to be paid upon submission to and acceptance by
the Contract Administrator of all conceptual design deliverables as written in the scope
of work and obtaining approval of the artwork conceptual design proposal from thc City
Commission.
3. Thirteen Thousand Seven Hundred and Fifty Dollars ($13,750.00), which is
approximately 25% of thc fixcd fec, to be paid upon submission to and approval by the
Contract Administrator of photographic documcntation demonstrating that thc artwork
is 100% fabricated. At Contract Administrator's sole option, Contract Administrator
may deem that a physical inspection of the artwork is warranted prior to acceptance and
payment, and ARTIST shall make the artwork available to Contract Administrator.
4. Eleven Thousand Dollars ($11,000.00), which is approximately 20% of the fixed fee, to
bc paid upon delivery, installation, and acceptance of the artwork.
UNFORESEEN COSTS: For purposes of this Section, unforeseen costs shall not include expenses that
the Contract Administrator reasonably determines should have been contemplated by ARTIST when
developing the Project budget, including the original design and relatcd artwork budget.
Attachment "13"
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City Commission
Norman S. Edelcup
Mayor
Lewis J. Thaler
Vice Mayor
Roslyn Brezin
Commissioner
Gerry Goodman
Commissioner
Danny Iglesias
Commissioner
A. John Szerlag
City Manager
Hans Ottinot
City Attorney
Jane A. Hines
City Clerk
May 21, 2007
Rein Triefeldt
Rein Triefeldt, LLC
1115 Hamilton Avenue
Trenton, New Jersey 08629
Re:
Commissioned Artwork Agreement No. C0607-044
Dear Mr. Triefeldt:
At its regular meeting of April 19, 2007, the City Commission adopted
Resolution No. 2007-1084, which approved a Commissioned Artwork
Agreement with your company. Enclosed are a copy of the approving resolution
and an executed, original agreement for your files.
Thank you.
Very truly yours,
~~~
Priscilla Walker, CMC
Deputy City Clerk
Enclosures
cc: Susan Simpson, Cultural & Human Services Department
Anice Paul, Administrative Assistant to Finance Director
Shaun S, Gelvez, Contracts Coordinator
Rein Triedfeldt (Butterfly Artist) Exec Agrmt Trans Ltr