ARTIST SELECTION PROCESS

The selection process is managed by the City of Pompano Beach. The City Commission will have final approval of the selected artist and design. Final purchase approval is contingent upon inspection ensuring long-term conservation of the artwork. Once the artist is selected and Agreement has been fully executed, the artist will have six months to fabricate and install the artwork.

              Other Selection Issues:

a.       Florida “Sunshine Laws”: All meetings of the Public Art 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 Committee Contacts: Artist applicants should not contact Public Art Committee members between the release of the Call to Artists and the completion of the selection process. Contact the City of Pompano Beach for all questions and information.

PERMITS

It shall be the artist’s responsibility, where applicable, to obtain all necessary permits prior to fabrication and installation. The artist will ensure that the design will be code compliant and can stand up to South Florida weather conditions and wind load requirements.

INSURANCE

CONTRACTOR shall not commence services under the terms of this Agreement until certification or proof of insurance detailing terms and provisions has been received and approved in writing by the CITY’s Risk Manager.  If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Department at (954) 786-4098.  If the contract has already been awarded, please direct any queries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract. 

              CONTRACTOR is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the CITY as an additional insured on all such coverage. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida.  The policies shall be written on forms acceptable to the City’s Risk Manager, meet a minimum financial A.M. Best and Company rating of no less than Excellent, and be part of the Florida Insurance Guarantee Association Act.  No changes are to be made to these specifications without prior written approval of the City’s Risk Manager.

Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements.  CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally.

Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY’s review or acceptance of insurance maintained by CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by CONTRACTOR under this Agreement.

              Throughout the term of this Agreement, CONTRACTOR and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements. 

A.          Worker’s Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees) or the state in which the work is to be performed or of the state in which Contractor is obligated to pay compensation to employees engaged in the performance of the work.  Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment.

B.          Liability Insurance.

(1)         Naming the City of Pompano Beach as an additional insured as City’s interests may appear, on General Liability Insurance only, relative to claims which arise from Contractor’s negligent acts or omissions in connection with Contractor’s performance under this Agreement.

(2)         Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits. 

Type of Insurance                                                                          Limits of Liability

GENERAL LIABILITY:                                     Minimum $1,000,000 Per Occurrence and   

                                                                       $2,000,000 Per Aggregate

* Policy to be written on a claims incurred basis

XX       comprehensive form                         bodily injury and property damage

XX       premises - operations                        bodily injury and property damage

__       explosion & collapse

           hazard                                                

__       underground hazard                         

XX       products/completed                          bodily injury and property damage combined

           operations hazard                             

XX       contractual insurance                        bodily injury and property damage combined

XX       broad form property damage           bodily injury and property damage combined

XX       independent contractors’                 personal injury

XX       personal injury

__       sexual abuse/molestation                 Minimum $1,000,000 Per Occurrence and Aggregate

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AUTOMOBILE LIABILITY:                             Minimum $1,000,000 Per Occurrence and Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined.

XX       comprehensive form                        

__       owned                                                

__       hired                                                   

__       non-owned                                        

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REAL & PERSONAL PROPERTY

__       comprehensive form                         Agent must show proof they have this coverage.

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EXCESS LIABILITY                                                                                Per Occurrence                                                    Aggregate                                                                                      

__       other than umbrella                          bodily injury and            $1,000,000                                         $1,000,000

                                                                       property damage combined                                                      

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PROFESSIONAL LIABILITY                                                                               Per Occurrence                                                    Aggregate

XX       * Policy to be written on a claims made basis            $1,000,000                                         $1,000,000

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(3)         If Professional Liability insurance is required, Contractor agrees the indemnification and hold harmless provisions of Section 12 of the Agreement shall survive the termination or expiration of the Agreement for a period of three (3) years unless terminated sooner by the applicable statute of limitations.

              C.          Employer’s Liability.  CONTRACTOR and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate.

D.          Policies:  Whenever, under the provisions of this Agreement, insurance is required of the CONTRACTOR, the CONTRACTOR shall promptly provide the following:

(1)         Certificates of Insurance evidencing the required coverage;

(2)         Names and addresses of companies providing coverage;

(3)         Effective and expiration dates of policies; and

(4)         A provision in all policies affording CITY thirty (30) days written notice by a carrier of any cancellation or material change in any policy.

              E.           Insurance Cancellation or Modification.  Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the CITY.

              F.           Waiver of Subrogation.  CONTRACTOR hereby waives any and all right of subrogation against the CITY, its officers, employees and agents for each required policy.  When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis.