a.       Florida “Sunshine Laws”: All meetings of the Public Art Advisory Committee are open to the public, are publicly advertised and are documented through written minutes.

b.       Conflicts of Interest: Artists with immediate family or business partners on the selection committee are not eligible to apply. A selection committee member may choose to withdraw from discussion and voting for any apparent conflict of interest.

c.       Public Art Advisory Committee Contacts: Artist applicants should not contact Public Art Advisory Committee members between releasing the Call to Artists and completing the selection process. All questions or requests for additional information will be directed to the Town of Davie staff.

Sample Agreement for Selected Artists

LETTER OF UNDERSTANDING FOR ARTWORK TO THE TOWN OF DAVIE

 Pursuant to Open Call to Artists for the Utility Box Art Wrap Project, ("Project") issued  by the Town of Davie ("Town"),____________________________(name of artist) submitted the design(s) attached hereto and made a part hereof as Exhibit 1 (the "Artwork").

As set forth in this Letter of Understanding (“LOU”), I hereby grant the Town reproduction rights in and to the Artwork which I understand and agree will be publicly displayed on utility boxes at a location or locations of the Town’s choice and further agree as follows:

1.         I warrant that as the creator and owner of the Artwork, I possess all copyrights and custody of the original work and therefore have not copied, reproduced in any way, or otherwise infringed upon anyone else's intellectual property rights.

2.         I hereby consent and give permission to the Town to incorporate the Artwork onto the Town’s utility boxes so that it can be viewed by the public. I hereby waive any rights in the Artwork granted by 17 U.S.C. Section 106 A, the “Visual Arts Rights Act of 1990.” If there is a conflict or inconsistency between any provision contained in this LOU and any provision of domestic or international law, including without limitation the European Union law, I understand and agree that the provisions of this LOU shall control and shall constitute my waiver of any rights in the Artwork set out in or otherwise granted by laws of other jurisdictions addressing my rights in the Artwork. I also understand and agree that said integration and use of the Artwork may subject it to future removal or other modification.

3.         I understand and agree that even though I will retain the copyright and other intellectual property rights relating to the Artwork, I am granting the Town, unlimited, perpetual, and irrevocable right to use or reproduce the Artwork in any non- commercial manner or media whatsoever, including without limitation to prepare derivative works based upon the Artwork, and to distribute copies of the Artwork. Further, I agree that the Town has no duty or obligation to install, display, preserve, replace, repair or restore the Artwork whether or not the Artwork is damaged or destroyed by any event or occurrence. I agree that the Town in its sole discretion may remove, replace, destroy or dispose of the Artwork at any time and without notice to me.

4.         The Town is subject to the "Public Records Law" embodied in Chapter 119 of the Florida Statutes. I understand and acknowledge that the Artwork will become a public record and that the Town may be required to produce a copy of the Artwork without my consent if the Town receives a public records request relating to the Artwork.

5.         I acknowledge that the Town of Davie requested that the design of the Artwork be unique to the Town and although this is a non-exclusive license, I agree not to grant reproduction rights to Broward, Miami-Dade or Palm Beach County or any other municipality in Broward, Miami-Dade or Palm Beach County to reproduce the same design or use the Artwork in or on traffic control boxes or utility boxes.

6.         I agree to communicate and cooperate with the Town’s Designated Representative, Jeff Pohlman, Parks, Recreation and Cultural Arts Director, who the Town has designated to serve as its representative for the Project and who can be reached via phone at (954) 797-1163 or email at jpohlman@davie-fl.gov.

7.         I agree to submit the Artwork in digital format to the Town and that the image must be a minimum of 360 DPI at full scale. However, if the Artwork does not maintain acceptable quality when digitally enhanced, I understand it may be necessary to template the image and I agree to timely cooperate with the Town’s Designated Representative so that any image quality issues are resolved within 15 days from the Town’s issuance of written notice of the problem. If the image quality issues are not resolved within the foregoing 15-day period, then I understand and agree the Town has the right to reject the Artwork and be released from any obligation to compensate me as provided in the following paragraph.

8.         I agree to accept two hundred dollars ($200) per selected design from the Town of Davie for provision of the Artwork, however, I understand and agree that the Artwork shall not be deemed complete, and the aforesaid compensation shall not be due and payable until after the Artwork is submitted to the Town in the template and resolution requested to the Town’s satisfaction.

9.         I hereby agree to release, indemnify, and hold harmless the Town, its elected officials, officers, agents, and employees, from any and all liability, including, but not limited to, claims which arise from any misrepresentation or omission herein, negligence, copyright or statutory violations, or for any loss or damage that otherwise arises from my participation in the Project.

10.       I understand and agree that the parties’ agreement set forth in this LOU, and any claim or dispute relating to or arising out of my participation in the Project shall be governed by and construed in accordance with the laws of the State of Florida and I hereby submit to the exclusive jurisdiction of the United States District Court for the Southern District of Florida and the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida I hereby waive the right to a trial by jury with respect to any action or claim arising out of any dispute in connection with the Project or this LOU.

11. Once executed, this LOU shall become effective upon the Town’s approval and adoption of the Program and shall continue for the duration of the Program unless terminated earlier by the Town. Notwithstanding, I understand that the Town may unilaterally terminate this LOU at any time without cause, for any reason or no reason and without notice to me.

The statements made herein, are accurate and true and are made in good faith. As an applicant for the Town of Davie Utility Box Art Wrap Program, I have read and understand the terms and conditions set forth in the Open Call to Artists and in this LOU, and I agree to abide by them. I am authorized to make these representations and agreements and I have the authority to sign this document.

By:                                                                 

            Town of Davie

            Print Name
 

By:                                                                 

            Signature of Artist

            Print Name of Artist

Address:                                                         

Phone:                                                            

E-mail:                                                                        

Date: