Authorize $125,000 public art installation at Pinecrest Gardens

RESOLUTION NO. 2023- A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE MYTH MAKERS FOR PUBLIC ART INSTALLATION PROJECT AT PINECREST GARDENS; PROVIDING FOR AN EFFECTIVE DATE.

BE IT RESOLVED BY THE VILLAGE COUNCIL OF PINECREST, FLORIDA, AS FOLLOWS: Section 1. That the Village Council hereby authorizes the Village Manager to enter into the attached agreement with The Myth Makers, for the outdoor art exhibition project at Pinecrest Gardens. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of April, 2023. Joseph M. Corradino, Mayor Attest: ____________________________ Priscilla Torres, CMC Village Clerk Approved as to Form and Legal Sufficiency: ____________________________ Mitchell Bierman Village Attorney Motion by: Second by: Vote: DATE: April 3, 2023 TO: Yocelyn Galiano, ICMA-CM, LEED GA, Village Manager FROM: Cristina Blanco, Pinecrest Gardens Director RE: 2023 Outdoor Art Exhibition I hereby respectfully request the approval to move forward with the 2023 outdoor installation in the attached resolution applying the planned budgeted funds in the amount of $125,000 for the 5 months Washed Ashore outdoor exhibition toward the Myth Makers outdoor exhibition consisting of six 14’ to 26’ foot avian avatars for six months beginning November 2023 and ending May 2024. The difference in balance will be will be requested in the FY23-23 budget, estimated to be $35,000 to cover the cost of ground preparation, gravel materials for anchoring the art and marketing expenses. ARTIST IN RESIDENCE & EXHIBITION CONTRACT At The Pinecrest Gardens This AGREEMENT made this day of April XX, 2023, between The Pinecrest Gardens/Village of Pinecrest (hereinafter referred to as “GARDEN”) and THE MYTH MAKERS: DONNA DODSON AND ANDY MOERLEIN (hereinafter referred to as “ARTIST”) (collectively “Parties”). IT IS MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: The GARDEN hereby engages the ARTIST and the ARTIST hereby agrees to design, execute, and loan, six temporary monumental sculptures from bamboo and mixed media that constitute the exhibition (hereinafter referred to as “EXHIBITION”) at 11000 SW 57th Ave, Pinecrest, FL 33156 DATES OF ENGAGEMENT: Installation of the EXHIBITION will take place November 13-17, 2023. The EXHIBITION will be on loan through May 17, 2024 and removed after that at a mutually agreed upon date and time unless the GARDEN makes a purchase of one or more sculptures from the EXHIBITION. CONTRACT AMOUNT: $125,000, which includes the Artist’s honorarium, design, and fabrication of a monumental temporary site-specific sculpture installation. PAYMENT SCHEDULE: $60,000 due at signing of contract $65,000 due upon completion of the installation, approx. Nov 17, 2023. THE ARTISTS WILL PARTICIPATE AS FOLLOWS: ARTIST to be present for fabrication and installation of the artwork during the hours GARDEN is open to the public. This also includes that ARTIST participates in public programming (in as far as is reasonable and possible alongside the production schedule) that includes, at GARDEN discretion: Exhibition walk-through and artist talk on opening day; Saturday, November 18,, or another agreed-upon date. Interviews with local TV/radio/print media, as potentially scheduled by GARDEN marketing department. GARDEN WILL PROVIDE THE FOLLOWING AT NO COST TO THE ARTISTS: Housing during the residency period. approximately November 12-19, 2023. Support and labor during the installation, including but not limited to site preparation, gravel ballast to secure the works, a loan of ladders and tools. Scaffold rental as determined by the artists. All permits and approvals as required for display location. GARDEN will produce signage for EXHIBITION. ARTIST shall provide a title and artist statement to GARDEN. GARDEN will design all collateral, exhibition materials, and marketing, with approval from ARTIST. The EXHIBITION is a GARDEN project and therefore must align with GARDEN standards, guidelines, priorities, mission, and brand. GARDEN must provide final approval to any EXHIBITION component that presents a safety risk to visitors, staff, or the facility, or that deviates substantially from the EXHIBITION components agreed upon in the planning process. PROMOTION GARDEN will promote EXHIBITION and programs through a number of communications endeavors, including presence on GARDEN’S website, social media, email blasts, and press releases to local media. GARDEN will host an Artist's Reception/Grand Opening event and purchase a full-page ad designed by the GARDEN and approved by the ARTIST announcing the installation in APGA Magazine and other related art destination publications. Date to be determined. INSURANCE GARDEN will ensure EXHIBITION under its standard Insurance Policy, which contains the usual and customary exclusions. ARTIST will list insurance values with pricing information. EXHIBITION shall be condition reported and insured for physical loss. ARTIST has provided a Certificate of Liability Coverage naming GARDEN. DOCUMENTATION, COPYRIGHT, OWNERSHIP ARTIST agrees to permit GARDEN a nonexclusive, nontransferable license to use, reproduce, display, publish, modify, display, document, and publish EXHIBITION and its installation for archival, promotional, educational, and such other purposes as GARDEN shall determine. Such photographs and any copyright therein shall be the property of GARDEN. ARTIST shall receive from GARDEN at no cost digital files representing installation documentation and final view images. RELATIONSHIP OF ARTIST AND GARDEN ARTIST, in fabrication and installation of the work and services included in this Agreement, shall act as and be an independent contractor and not an agent or employee of GARDEN. ARTIST agrees to defend, indemnify and hold harmless GARDEN and its agents, employees, volunteers, and trustees from any and all claims and liabilities arising directly or indirectly out of ARTIST or his/her assistant(s)’ or agent(s)’ activities hereunder. ARTIST WAIVER OF LIABILITY: Once the Work is installed in its display location, GARDEN will attempt to reasonably maintain, but not guarantee, the work in accordance with the Artist’s reasonable written instructions. TERMINATION: This Agreement may be terminated: a. GARDEN shall have the sole right to terminate this Contract in the event of funding issues or due to a condition or event that occurs beyond the reasonable control of GARDEN. b. By either party upon breach by the other party of a material provision of this Agreement which breach remains uncured for more than ten (10) days following receipt of written or electronic notice thereof from the non-breaching party; or, for a breach which cannot be cured within ten (10) days, for an additional period, reasonable in length, to allow the breaching party to effect a cure, provided that said party diligently pursues such cure, but in no event more than thirty (30) days following receipt of initial written or electronic notice from the non-breaching party. c. By either party upon the insolvency of the other party, or upon the filing of a voluntary petition in bankruptcy by the other party or to have the other party declared a bankrupt, or upon the appointment of a receiver or trustee for the other party, or upon the execution by the other party of an assignment for the benefit of creditors. d. Upon termination by GARDEN, Artist shall be entitled to payment for work completed until the date of the termination notice to the Artist. THE SIGNATURES BELOW CONFIRM THAT THE PARTIES HAVE READ AND APPROVE EACH PROVISION SET FORTH ABOVE. PINECREST GARDENS/VILLAGE OF PINECREST By:_________________________________ Name: Yocelyn Galiano Title: Village Manager Date: ________________, 2023 ARTIST By:_________________________________ Authorized Signature Name: Donna Dodson By:_________________________________ Authorized Signature Name: Andy Moerlein Date: ________________, 2023 The Myth Makers proposal for Pinecrest Gardens The Myth Makers propose to install a series of our monumental Avian Avatars at the Pinecrest Gardens at several locations throughout the garden. The total number of our bamboo and mixed media sculptures in this site specific installation will be 6. Please see details below. Note the numbers correspond to our numbers on the attached map. 1. At the Entrance to the Garden on SW 111St/Killian Dr, a 15’ tall Scarlet Macaw^ welcoming visitors to the garden and celebrating the history of the Parrot Jungle. 2. Next to the Main Entry Building, a 30’ tall Sandhill Crane* drawing visitors to the entrance like a beacon, towering over the trees in the parking lot, inviting guest to explore and contemplate the conservation efforts to preserve this threatened species. 3. Just past the Main entry, a 10’ tall Cockatoo^ riding a bicycle in the small garden that greets visitors. The sculpture celebrates Pinky, one of the garden’s historic attractions. 4. In the Banyan Grove, a 25’ tall Eastern Screech Owl* that invites visitor to enter and rest upon a bench inside. This exhibit connects with the large interpretive exhibit on the trial past the Meadow Garden. 5. Opposite the Banyan Grove, and the Meadow Garden, a 20’ tall Peacock* that invites children to run through its 20 ft long tail in a maze of winding pathways. Since Peacocks hold forth in the garden, we think our interpretation of these majestic birds will invite awe and wonder in all ages. 6. Next to the Inspiration Center, a 15’ tall Painted Bunting^, drawing attention to unique bird life in Florida. The French name of the Painted Bunting, nonpareil, means “without equal,” a reference to the bird’s dazzling plumage. ^ Denotes the creation of a new sculpture for the Pinecrest Gardens *Denotes a loan of an existing sculpture for the Pinecrest Gardens 1. Scarlet Macaw @ entrance on SW 111St/Killian Dr 2. Sandhill Crane outside Main Entry Building 3. Cockatoo located just past the entrance near Peace Bird 4. Owl @ Banyan Tree 5. Peacock opposite Meadow Garden 6. Painted Bunting @ Inspiration Center