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HomeMy WebLinkAboutR-2025-150 Color by Sky LLC Artist Agreement - Mural at Veteran's ParkRESOLUTION NO. 2025-150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 811-140, OF THE LAND DEVELOPMENT CODE, THE CITY OF DANIA BEACH APPROVES THE ACCEPTANCE OF A DONATION BY THE DANIA BEACH IMPROVEMENT COMMITTEE, INC., A FLORIDA NON-PROFIT, WHICH DONATION IS TO PAY FOR HALF THE COST OF THE PROPOSED MURAL; FURTHER, THE CITY COMMISSION WAIVES COMPETITIVE PROCUREMENT OF THE MURAL; AND APPROVES THE MURAL DESIGN WHICH IS DEDICATED TO HONORING VETERANS, TO BE LOCATED AT THE CITY’S PROPOSED “VETERAN PARK”, AT 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 26, 2022, the City Commission approved Ordinance 2022-016, which amended the City’s Public Art Program to include review of all murals visible to the public, whether on public property, private property, publicly funded, or otherwise; and WHEREAS, Section 811-140 of the City’s Land Development Code, entitled “Mural Guidelines” provides that the City of Dania Beach recognizes that a superior and diverse aesthetic character of the City's built environment is vital to the quality of the life of its residents, and to the economic success of its businesses; and WHEREAS, the City of Dania Beach Public Art Program is intended to encourage a stimulating cultural environment that reflects and enhances the City's heritage, diversity, and character through public artworks integrated in the architecture, infrastructure, and landscape; and WHEREAS, the City of Dania Beach is requesting to install a public art mural on the south wall of City Hall, legal description is provided in Exhibit A; and WHEREAS, the Dania Beach Improvement Committee, Inc., A Florida nonprofit corporation, is seeking to donate to the City a monetary value of Two Thousand and Nine Hundred Dollars ($2,900.00) toward the mural cost and the Committee is also seeking to purchase six (6) service plaques, valued at Five Thousand Five Hundred and Sixty-Eight Dollars ($5,568.00) for a total contribution of Eight Thousand Four Hundred and Sixty-Eight Dollars ($8,468.00); and 2 RESOLUTION #2025-150 WHEREAS, the City Commission authorizes acceptance of the donations, which shall be provided to the City for the specific purpose of installing the plaques and the partial payment to fund a portion of the mural ($2,900.00); and WHEREAS, the Dania Beach Improvement Committee, Inc. contacted the City with the request and due to their contribution requested to use an artist not on the City’s Call to Artist list, however, the artist has been used by the City in the past to paint the bridge located at North. Federal Highway; and WHEREAS, due to the contribution and desire to install the Veteran’s mural, the City is requesting to waive competitive bidding as allowed in the City’s Public Art Ordinance, consistent with the City’s Procurement Policy for arts and entertainment; and WHEREAS, murals are to be reviewed first by the Public Art Advisory Board, which met on September 8, 2025, and recommended approved the proposed mural along with Six Thousand Dollars ($6,000) in support from the City’s Public Art Fund, Account; and WHEREAS, the City’s mural guidelines are designed to assure that murals within Dania Beach enhance the appearance of the area without confusing drivers and/or pedestrians or causing any other negative impact on public safety or welfare; and WHEREAS, the proposed mural theme for this property is a connection through the United States Armed Services which depicts the American flag and all six branches of the Armed Services, which are depicted in the Agreement, which is attached as Exhibit B and is incorporated in the Resolution by this reference; and WHEREAS, this mural will provide a wonderful photo opportunity for both visitors and residents of the City of Dania Beach to honor Veterans who served defending our Country; and WHEREAS, all publicly viewed murals must be: (1) visually accessible to the public; (2) made of materials that ensure mural longevity and durability; (3) be painted on a surface and structure that is stable and ready for painting; (4) meet standards of artistic quality and suitability for the neighborhood; (5) that the property owner and artist have a plan for painting the mural that ensures the safety of painters and the public, and that does not impede public access. If the safety plan submitted is not being adhered to, and the City has identified a safety risk to either the artist and/or the public, the City has the right to stop work until such time that safety issues or concerns are addressed by the artist; (6) that the artist use an approved graffiti/UV coating on the finished mural that provides resistance to vandalism and weather; and (7) that the 3 RESOLUTION #2025-150 business/property owner provide a copy of a signed agreement in which the business/property owner commits to keep the mural unchanged and in good condition for a minimum of five (5) years for permanent murals; and WHEREAS, the Public Art Advisory Board and the City Administration are recommending approval of the mural. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That pursuant to Chapter 28 “Land Development Regulations,” at Section 811-140, the City Commission approves the mural which is depicted within Exhibit “B.” Section 3. That the City Commission accepts the donation being made by the Dania Improvement Committee, Inc., which donation shall be accepted prior to contracting with the artist, Color by Sky, LLC.E Section 4. That the City shall enter into an Agreement with the artist, Color by Sky LLC, for the mural design, which Agreement is attached as Exhibit “B” and is incorporated by this reference. Section 5. That the City waive competitive procurement and utilize the artist services of Color by Sky LLC. Section 6. That payment for the mural will be paid from the City’s Public Art Fund, Account:115-15-01-515-31-10. Section 7. That the approvals granted by this Resolution are subject to the Applicant’s compliance with the following conditions: A. That the artist uses an approved graffiti/UV coating on the finished mural that provides resistance to vandalism and weather; B. Execute the artist agreement with the City, providing copyright ownership to the City, and providing required insurance. Section 8. All resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 4 RESOLUTION #2025-150 Section 9. That this Resolution shall become effective 10 days after passage and adoption. PASSED AND ADOPTED on September 25, 2025. Motion by Commissioner Ryan, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 5 RESOLUTION #2025-150 EXHIBIT “A” LEGAL DESCRIPTION DANIA BEACH CITY CENTER 179-137B, PARCEL B. 1 PROFESSIONAL SERVICE AGREEMENT FOR THE COMPLETION AND INSTALLATION OF A MURAL BETWEEN THE CITY OF DANIA BEACH AND COLOR BY SKY LLC This Mural Creation Agreement (“Agreement”) is made on this __ day of September, 2025, between the CITY OF DANIA BEACH (the “City of Dania Beach”), and Color by Sky, LLC, Inc., a Florida Limited Liability Company (“ARTIST”). In consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: 1. Artist Engagement and Mural Location. The City of Dania Beach hereby engages ARTIST to curate one (1) mural (“Mural”) to be displayed at the following location: (a) Veteran’s Park, 100 W. Dania Beach Boulevard, Dania Beach FL (“Location”). (b) The Mural shall be 55’ long x 14’ high, at hedge height. 2. Artist Selection and Engagement. The City of Dania Beach has approved ARTIST for the creation and installation of the Mural. 3. Scope of Services. ARTIST will paint a mural on the wall located at Veterans Park at Dania Beach City Hall identified by the address in Section 1. (a). ARTIST agrees to provide one (1) painted mural with dimensions be 55’ long x 14’ high, at hedge height , in close conformance with the design depicted on Exhibit ‘A’ which is attached hereto and made a part hereof (“MURAL”). The Mural includes an American Flag, six metal plaques (one for each branch of the US Armed Forces, and the name of the park. 4. Commencement of Mural Installation. Once the City of Dania Beach approves a final mockup for the Location, ARTIST shall use commercially reasonable efforts to cause the Artist to commence mural installation at such Location within thirty (30) days, subject to the Artist’s availability. 5. Fees. In consideration for providing the services described in this Agreement, the City of Dania Beach shall pay ARTIST a total of Eight Thousand Nine Hundred Dollars ($8,900.00) as set forth below (“Mural Fees”): (a) A Deposit in the amount of Four Thousand Four Hundred Fifty Dollars ($4,450.00) to be paid upon the execution of this Agreement. (b) A final payment of Four Thousand Four Hundred Fifty Dollars ($4,450.00) when the Mural is completed. Mural Fees will be applied to costs associated with the following: (i) artwork and design; (ii) mural design; (iii) professional quality paint and other Mural supplies, including application of anti-graffiti UV coating if outside mural; (iv) service plaques (fabricated & installed) (v) rental fees for lift rental and scaffolding, if needed; rental of a POD to store supplies with the City of Dania Beach allowing the ARTIST to park on site and (vi) all compensation to the Artist to paint the Mural, unless additional fees are due as a result of revisions. 2 Mural Fees do not include (i) wall preparation, e.g., filling cracks, scraping peeling paint, priming the wall before mural execution with exterior paint, or other surface preparation necessary prior to the painting of the Mural; (ii) removal or relocation of any electrical wires or other obstructions, if necessary; and (iii) additional permitting costs, if any required by the city. The City of Dania Beach is responsible for the cost of the items set forth in this paragraph. 6. Permitting. In the event any permitting is required for the Murals, the City of Dania Beach shall be responsible for obtaining same, provided ARTIST shall assist the City of Dania Beach as necessary. Any costs or fees incurred in connection with said permitting (the “Permitting Fees”) shall be the responsibility of the City of Dania Beach. 7. Representations and Permission of the City of Dania Beach. The City of Dania Beach represents and warrants that (i) the City of Dania Beach is authorized to grant ARTIST and the ARTIST permission to enter the premises at and surrounding the Location where the Mural is to be located; (ii) the City of Dania Beach is authorized to grant ARTIST and the Artist all necessary permissions to install and paint the Mural at the Location; and (iii) the City of Dania Beach holds or will obtain all governmental licenses, sign permits, and other permits or permissions that are necessary to allow the Artist to paint the Mural at the Location. ARTIST and the Artist are hereby granted permission to enter the premises at the Location and to paint the Mural. In the event any permits are required for the Mural, the City of Dania Beach will pay for any permit fees or application fees as set forth hereinabove. 8. Representations and Warranties of the City of Dania Beach and ARTIST. Each party represents and warrants to the other party that: (a) It is duly organized, existing and in good standing as under the laws of its State of formation, the execution, delivery and performance of this Agreement are within such party’s powers, and have been duly authorized by all necessary action; this Agreement is the legal, valid and binding obligation of such party, enforceable against such in accordance with its terms except to the extent that enforcement may hereafter be limited by bankruptcy, insolvency, reorganizations, moratorium or other similar laws affecting enforcement of creditors’ rights generally and by general equity principles; and this Agreement is not in conflict with the terms of such party’s articles of incorporation, articles of organization, bylaws, operating agreement or other governing documents, or of any material indenture, agreement or undertaking to which such party is bound. (b) Unless otherwise set forth herein, no approval or other action by, or notice to or filing with, any third party or any governmental authority is required in connection with the transactions contemplated hereby. (c) The performance of this agreement by such party will not violate any order of any court or governmental body having competent jurisdiction or any law or regulation that applies to such party. 9. Notice. Any notice to be given by any of the parties hereto may be effected either by personal delivery in writing, Federal Express or any other nationally recognized overnight carrier or by mail, certified or registered and postage prepaid, with return receipt requested, and addressed: 3 ARTIST: Skyler Nador, Owner Color by Sky LLC 1600 N. Yale Drive Hollywood, Florida 33021 CITY: Eve A. Boutsis City Attorney 100 W Dania Beach Blvd, Dania Beach, FL 33004 Eleanor Norena, Director Community Development Department 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Notice shall be deemed to be given (a) if personally delivered, when delivered, and (b) if by Federal Express or similar delivery service, one business day after delivery to such carrier (or when delivered if next day delivery is not requested). Each party, by similar written notice given five days in advance to the other parties in the aforesaid manner, may change the address to which notice may be sent. 10. Materials and Equipment. ARTIST will supply all materials and equipment needed to paint the MURAL in accordance with the provisions of this Agreement. ARTIST shall use only OSHA compliant scaffolds while painting the MURAL. 11. Termination. A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by the City upon written notice to ARTIST upon ten (10) day’s written notice. B. If ARTIST fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice. C. Upon termination with or without cause, all finished and unfinished documents, project data and reports shall, at the option of the City, become its sole property and shall, at ARTIST’s expense, be delivered to the City or to any party it may so designate. D. In the event termination is without cause, ARTIST shall be entitled to any compensation owing it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that ARTIST shall be entitled to compensation for work in progress at the time of termination. 4 12. Intellectual Property. A. City’s Sole and Exclusive Ownership Rights. ARTIST shall not retain ownership of or any right, title or interest in any of the MURAL, including but not limited to any of the designs, drawings, paintings, sketches, models, fabrications, audiovisual materials, computer graphics, renderings, writings, or any other media prepared or provided by ARTIST in the performance of this Agreement. The Parties agree that the MURAL prepared or provided by ARTIST in the performance of this Agreement and all such rights, title and interest in or to the MURAL belong to and are being sold and assigned in their entirety to City for whatever use it desires, and that City, and its successors and assigns, does and shall at all times own, solely and exclusively, complete and unencumbered, all rights, title and interest in and to all of the MURAL worldwide, any modifications thereto and any derivative works based thereon. Nothing contained herein shall be deemed to constitute a mere license or franchise in the City and its successors and assigns. The Parties further agree that City, and its successors and assigns, will be free to use, modify, distribute, sell, license or otherwise exploit all such MURAL and any modifications to or derivative works based thereon without any restrictions or limitations or any obligations or payments to ARTIST. The City hereby authorizes ARTIST to make, and to authorize the making of, limited photograph and video reproductions of the MURAL for educational and self-promotional purposes. For purposes of this Agreement, the following are deemed to be photograph and video reproductions for educational and self- promotional purposes: slides, film strips, and video episodes not intended for a mass audience and used solely for educational programs that are hosted by ARTIST in print media, on ARTIST’s website and social media sites, and on ARTIST’s computers and on any other electronic media, as long as such reproduction is provided to others at no cost. On any and all such reproductions, ARTIST shall place a copyright notice in the form and manner provided by City to protect the copyrights in the MURAL under the United States copyright law. In addition, all reproductions shall contain the following credit line unless otherwise requested to the contrary in writing by City: “Commissioned by the City of Dania Beach.” Under no circumstances shall ARTIST use or make any photograph or video reproductions of the MURAL for commercial purposes and any photograph or video reproductions used or made by ARTIST shall not compete with any City endeavor to sell or promote reproductions of the Works. City has sole discretion to determine whether a photograph or video reproduction is utilized for educational and self-promotional purposes or whether the reproduction competes with City’s endeavors to sell or promote its reproductions. If the City determines that the photograph or video reproduction does not meet the terms of this section, the City shall provide written notice to ARTIST and ARTIST shall immediately cease and desist the use of the reproduction. 5 B. Transfer of Rights of Reproduction. ARTIST hereby transfers to City, and its successors and assigns, all rights of reproduction, governed by federal copyright law, including, but not limited to, the right to reproduce the MURAL in any manner whatsoever for commercial and non-commercial purposes. Hereinafter, ARTIST shall not acquire or claim any rights in or to the MURAL, any uses, reproductions or derivatives thereof or any proceeds therefrom. C. Waiver of Moral Rights. ARTIST hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), and any other local, state, federal or international laws that convey rights of the same nature or any other type of moral right protecting the integrity of works of art. ARTIST acknowledges and agrees that City and its successors and assigns, in their sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the MURAL. D. Originality of Works. ARTIST represents and warrants that (i) the Works prepared or provided by ARTIST in the performance of this Agreement are and will be original; (ii) at the time of transfer hereunder, ARTIST is the sole owner of the MURAL and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) ARTIST is and will be the sole creator of the MURAL; (iv) ARTIST has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein; (v) ARTIST is not under any obligation to transfer or sell any of the MURAL to any third party; (vi) all MURAL has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the MURAL does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against ARTIST (or, insofar as ARTIST is aware, against any entity from which ARTIST has obtained any rights). E. Patent, Copyright and Trademark Infringement. ARTIST shall defend any action or proceeding brought against City or its successors and assigns based on any claim that the MURAL prepared or provided by ARTIST in the performance of this Agreement, or any portion thereof, or the use of the MURAL, or any part thereof, constitutes infringement on any United States patent, copyright or trademark, now or hereafter issued. City or its successors and assigns shall give prompt written notice to ARTIST of any such claim or proceeding and will reasonably provide authority, information and assistance in the defense of the same. ARTIST shall indemnify and hold harmless City and its successors and assigns from and against all liabilities in any such action or proceeding. ARTIST shall keep City and its successors and assigns informed of all new developments in the defense of such actions or proceedings. 6 13. Mural Warranty. ARTIST shall guarantee the MURAL to be free from faults of material and workmanship for a period of one (1) year after installation and final acceptance by the City. ARTIST shall deliver the MURAL to the City free and clear of any liens from any source whatever. These guarantees shall apply only to those aspects of the MURAL which is entirely that of ARTIST or persons responsible to ARTIST, as installed, and shall not apply to materials or workmanship of projects in which the ARTIST’s work is integrated or combined, or to materials purchased, acquired, or installed by a person or entity not responsible to ARTIST. ARTIST shall faithfully perform the services required under this Agreement in accordance with standards of care, skill, training, diligence and judgment provided by highly competent professionals who perform work of a similar nature to the MURAL described in this Agreement. 14. Artist shall not commence work under this Agreement until he/she has obtained all insurance required under this paragraph and such insurance has been approved by the Risk Manager of the City, nor shall the Artist allow any subcontractor to commence work on his/her subcontract until all similar such insurance required of the subcontractor bas been obtained and approved. REQUIRED INSURANCE Commercial General Liability Limits of Liability (Minimum) • Bodily Injury & Property Damage Liability o Each Occurrence $1,000,000 o Policy Aggregate $2,000,000 o Personal & Advertising Injury $1,000,000 o Products & Completed Operations $1,000,000 • Endorsements required – Include in body of COI and/or Description of Operations o “The City of Dania beach, Florida” added as named “Additional Insured” Business Automobile Liability • Limits of Liability (Minimum) o Bodily Injury and Property Damage o Combined Single Limit $300,000 o Any Auto/Owned Autos or Scheduled Autos o Including Hired and Non-Owned Autos o Any One Accident • Workers’ Compensation/Employers’ Liability • Workers’ Compensation Limits Statutory – State of Florida Employers Liability Limits • $100,000 for bodily injury caused by an accident, each accident • $100,000 for bodily injury caused by disease, each employee • $500,00 for bodily injury caused by disease, policy limit 7 Confirmation of exemption to the laws of the State of Florida or Exemption Form is required for businesses exempt from obtaining Worker's Compensation coverage. Subcontractors' Compliance. It 1s the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate Insurance Carrier Requirement: The Company must be rated no less than “A-“ as to management, and no less than “Class VII” as to financial strength by the latest edition of Best Insurance Guide published by best Company or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management Companies authorized to do business in the State of Forida with the following qualifications shall issue all insurance policies required above. Companies authorized to do business m the State of Florida with the following qualifications shall issue all insurance policies as required above. Verification of Coverage: Proof of the required insurance must be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of insurance within 5 days of notification of award. All certificates (end any required documents) must be received and approved by Human Resources before any work commences to perm.it Vendor time to remedy any deficiencies. 15. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto including their affiliates, successors and assigns. 16. Course of Dealing. No course of dealing between the parties shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any default. Any such changes or waivers must be in writing. 17. Amendments. This Agreement may be modified or amended only by an instrument in writing executed by the parties. 18. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Florida, without regard to its conflict of law provisions and the venue for any suit or proceeding hereunder shall be a court of competent jurisdiction located in Broward County, Florida. By execution and delivery of this Agreement, each party hereby (a) accepts the jurisdiction of the aforesaid courts; (b) waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the venue set forth above; and (c) further waives any claim that any such action brought in any such court has been brought in an inconvenient forum. 19. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future law, statute, regulation or ordinance, and if the rights or obligations of any party under this Agreement will not be materially and adversely affected thereby, (i) such provision will be fully severable, (ii) this Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, (iii) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, 8 and (iv) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any counterpart signature page delivered by facsimile transmission and/or electronic mail shall be deemed to be and have the same force and effect as an originally executed signature page. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURES ON THE FOLLOWING PAGES 9 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and year first above written. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM: EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER 10 WITNESSES: ARTIS: Color by Sky, LLC Signature Signature PRINT Name PRINT Name Title Signature Dated: ___________________, 2025 PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or by ☐ online notarization, on 2025, by Skyler Nador, as Owner of Color By Sky, LLC, a Florida Limited Liability Company, on behalf of the Company. She is personally known to me or has produced as identification. My Commission Expires Notary Public, State of Florida Print Name 11 EXHIBIT “A” MURAL RENDERING  Mural size: 55'L x 14'H at hedge height Six Armed Services granted permission to use their military emblem, for this project only and will be displayed in the proper order.