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Home My WebLink AboutR-21-0250City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Resolution: R-21-0250 File Number: 9149 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/24/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO CHAPTER 62/ ARTICLE XVI/SECTION 62-658 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), APPROVING A PUBLIC ART PROPOSAL TITLED "SKY CANOPY" ("ART") BY AMERICAN ARTIST GAIL SIMPSON OF ACTUAL SIZE ARTWORKS ON A PARCEL ZONED "CS", CIVIC SPACE TRANSECT ZONE, LOCATED AT APPROXIMATELY 2304 NW 14 STREET, MIAMI, FLORIDA, ALSO KNOWN AS THE CITY OF MIAMI'S ("CITY") PBA FERN ISLE PARK ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO CONTRACTS ASSOCIATED WITH THE COMMISSIONING AND INSTALLATION OF THE ART, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; MAKING FINDINGS AND REQUIREMENTS; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY'S ART IN PUBLIC PLACES BOARD, THE CITY'S PLANNING DEPARTMENT, AND OTHER DESIGNATED CITY OFFICIALS AND DEPARTMENTS IN ORDER TO PROVIDE INITIAL AUTHORIZATIONS, TO UPDATE THE RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION WITH THE INSTALLATION OF THE ART AT THE PROPERTY, AND FOR ANY OTHER GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH. WHEREAS, on January 12, 2017, pursuant to Ordinance Nos. 13656 and 13657, the City Commission enacted Phase I of the Art in Public Places Program requiring all applicable Government Development Projects to allocate one and a half percent (1.5%) of Project Costs toward the acquisition, commissioning, and selection of public art; and WHEREAS, the City of Miami ("City") will expand and make park enhancements to the City's PBA Fern Isle Park ("Property"), which are subject to public art requirements pursuant to Article 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the public art fee associated with the improvements and expansion of the Property were deposited into the Public Art Fund in accordance with Article 11, Section 11.7 of the Miami 21 Code; and WHEREAS, on April 15, 2019, the Art in Public Places Board ("Board"), pursuant to Resolution No. AIPP-R-19-008, attached and incorporated as part of Composite Exhibit "A", approved with conditions the expenditure of up to Sixty -Four Thousand Dollars ($64,000.00) ("Original Funding") to be used for design services, commissioning, acquisition, and installation of public art for the Property; and City of Miami Page 1 of 3 File ID: 9149 (Revision:) Printed On: 71712021 File ID: 9149 Enactment Number: R-21-0250 WHEREAS, as part of the approval, the City's Public Art Division, on June 6, 2019, conducted a Call to Artists in accordance with Section 62-658 of the Code of the City of Miami, Florida, as amended ("City Code"), requesting qualifications from professional artists and/or artist teams to create integrated artworks for the Property; and WHEREAS, on March 24, 2019, the Call to Artists closed and the Public Art Division received fifty-four (54) respondents from artists interested in competing for the final public art commission for the Property; and WHEREAS, on July 15, 2020, the Board adopted Resolution No. AIPP-R-19-017, attached and incorporated as part of Composite Exhibit "A", which shortlisted three (3) artists (Alex Yanes, Falon Mihalic, and Gail Simpson) and one (1) alternate artist (Pete Goldlust); and WHEREAS, the City entered into contracts with the shortlisted artists for design proposals as part of the original Call to Artists; and WHEREAS, subsequently, Planning staff, after consulting with the design team and the project manager, found that the improvements planned as part of the expansion of the Property from an eight (8) acre park to a fourteen (14) acre park would benefit from additional public art funding in the amount of Sixty -Four Thousand Dollars ($64,000.00) ("Additional Funding") for the integration and placement of additional public art, for a total allocation of One Hundred Twenty -Eight Thousand Dollars ($128,000.00) ("Total Funding"); and WHEREAS, upon staff identifying additional funding, the Board adopted Resolution No. AIPP-R-20-017 allocating the Additional Funding along with the Original Funding for additional public art at the Property; and WHEREAS, on March 15, 2021, the Board adopted Resolution No. AIPP-R-21-006, also attached and incorporated as part of Composite Exhibit "A", reviewed the proposal from the shortlisted artists; and WHEREAS, the Board found the proposed public art installation as proposed by Actual Size Artworks, titled "Sky Canopy" ("Art"), a description of which is attached and incorporated as Exhibit "B", to be in accordance with the intent and criteria of Section 62-658 of the City Code; and WHEREAS, the Board and the City find the proposed Art by Gail Simpson of Actual Size Artworks to be non -intrusive in nature and compatible with its environmental surroundings; and WHEREAS, it is in the best interests of the City for the City Commission to ratify, approve, and confirm certain actions related to the commissioning and installation of the Art, the Total Funding, and the installation thereof at the Property as set forth in the Board's Resolution No. AIPP-R-21-006, attached and incorporated as part of Composite Exhibit "A", by the Board, the City's Planning Department, and other certain designated City officials and Departments which continue to accept additional funding and to take necessary actions to update the City's relevant financial controls and computer systems for the commissioning and installation of the Art, Total Funding, the installation thereof, and for any other grants and other funding sources in progress in connection herewith; and WHEREAS, the Art shall be maintained by the City's Planning Department's Public Art Division; City of Miami Page 2 of 3 File ID: 9149 (Revision:) Printed on: 71712021 File ID: 9149 Enactment Number: R-21-0250 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby approves the Art by American Artist Gail Simpson of Actual Size Artworks, a description of which is attached and incorporated as Exhibit "B", in accordance with Section 62-658 of the City Code, in a parcel zoned "CS", Civic Space Transect Zone, located at the Property. Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including but not limited to contracts for the commissioning and installation of the Art, all in forms acceptable to the City Attorney. Section 4. The artwork shall be installed substantially in accordance with the conceptual plans titled "Sky Canopy" as prepared by Gail Simpson of Actual Size Artworks consisting of eleven (11) pages, attached and incorporated as Exhibit "B". Section 5. The Applicant shall comply with all applicable requirements as part of the building permitting process for the installation of the Art. Section 6. The Art shall be maintained by the City's Planning Department's Public Art Division. Section 7. The City Commission hereby ratifies, approves, and confirms certain actions related to the commissioning and installation of the Art, the Total Funding, and the installation thereof at the Property as set forth in the Board's Resolution No. AIPP-R-21-006, attached and incorporated as part of Composite Exhibit "A", by the Board, the City's Planning Department, and other certain designated City officials and Departments which continue to accept additional funding and to take necessary actions to update the City's relevant financial controls and computer systems for the commissioning and installation of the Art, Total Funding, the installation thereof, and for any other grants and other funding sources in progress in connection herewith. Section 8. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: r i ria i endez, City Httor iey 6115/2021 ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 3 of 3 File ID: 9149 (Revision:) Printed on: 71712021