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HomeMy WebLinkAboutR-85-0726OR RESOLUTION NO. A RESOLUTION APPROVING THE RECOMMENDATION OF THE CITY MANAGER AND THE ARTS IN PUBLIC PLACES COMMITTEE TO ENGAGE MICHAEL Al" tWOLK TO CREATE ORIGINAL, FUNCTIONAL ART + EXCLUSIVELY FOR THE CURTIS PARK: ELDERLY MEALS FACILITY, LOCATED AT 2251 N. W. NORTH RIVER DRIVE; AUTHORIZING THE CITY MANAGER TO EXECUTL AN AGREEMENT WITH TIII; ARTIST IN SUBSTANTIALLY THE FORM ATTACHED HERETO FOR AN i010UN`L' NOT TO EXCEED $19, 500; ALLOCATING FUNDS THEREFOR FROM THE FEDERAL JOBS BILL, PRIVATE „EC:TOR DONATIONS AND ANY UNUSED BALANCE OF THE COMMUNITY DEVELOPMENT C:ONTINGLNT FUNDS AND/OR FEDERAL JOBS BILL FUNDS THAT WERE APPROPRIATEL FCGR THE; CONSTRUCTION 01' THE CURTIS PARK ELDERLY MEALS FACILITY; FURTHER AUTHORIZING THE ACCEPTANCE OF CASH DONATIONS FROM THE PRIVATE SECTOR TO PARTIALLY DEFRAY THE COSTS 01' THE ART PROJECT AND AUTHORIZING AND DIRECTING THE DIRECTOR OF THE DEPARTMENT QF COMMUNITY DEVELOPMENT TO APPROPRIATELY ACKi]OWLEDGE ALL SUCH DONATIONS. WHEREAS, the Arts in Public Places Committee, in accordance with Section 18-6 through 18-10 of the City Code, submitted a report to the City Manager for his approval, wherein the Committee recommended that the artist, Michael Wolk, be commissioned to create original, functional artwork for the Curtis Park Elderly Meals Facility, located at 2251 N.W. North River Drive; and WHEREAS, the City Manager has approved said report and has submitted it to the City Commission for discussion; and WHEREAS, the cost of the proposed artwork exceeds the amount allocated to comply with the Arts in Public Places requirement stipulated in Section 18-6 of the City Code; and WHEREAS, the private sector has indicated a desire to make cash donations to partially defray the cost of the proposed artwork3 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The selection by the City Manager of artist, Michael Wolk, to create original, functional sculpture for the Curtis Park Elderly Meals Facility, 2251 N.W. North River Drive, is hereby approved. CITYACO IMVMISSION ! t1 L IS ? [' INK Section 2+ The City Manager is hereby authorized to execute an agreement in substantially the form attached hereto commissioning said Artist for artistic services not to exceed y1l $19,500; provided, however, that the City's obligation under said agreement shall not exceed the amount already appropriated for said project. Section 3. The acceptance of donations from the private sector is hereby approved to partially defray the cost of said artwork. Section 4. The Director of the Department of Community Development is hereby authorized and directed to appropriately acknowledge all donations. Section 5. The City Manager is hereby authorized to expend an amount not to exceed $7,000, which has been set aside from the Curtis Park Elderly Meals Facility project, and/or Federal Jobs Bill funds to cover the cost of the said agreement in conformance with Section 18-6 of the City Code. Section 6. The City Manager is hereby authorized to expend cash donations made to the City for this project. j Section 7. The City Manager is hereby authorized to ! utilize an amount not to exceed $3,000 from any unused Community Development Contingent or Federal Jobs Bill funds from the construction budget of the Curtis Park Elderly Meals Facility. PASSED AND ADOPTED this 18 day of July 1985. Maurice A. Ferre MAYOR ATTEST: RA H G. ONGIE, CITY CroERK PREPARED AND APPROVED BY: APPXTNE D A TO FORM AND CORS ROBERT F. CLARF LUCIA A. POUGHERTY DEPUTY CHIEF CITY ATTORNEY CITY ATTORNEY WPM :4 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM 48 6. ; e Honorable Mayor and L`:embers GA'c _ _ 1 1 FILE «t the City Commission SUB.ECT Artwork for Curtis Park Elderly .•Teals Facility FROM 1 REFERENCES RESOLUTION (This item Sergio Pereir City v'sanager has a companion E:rergency / ENCL0SURF_'S Ordnance) It is recommended that the City Commission approve the recommendation of the City Manager and the Arts in Public Places Corimittee to engage Michael Wolk, artist, to create original functional artwork for the Curtis Park Elderly Drive, a.^.'a authorize t'.E' 1ty :`lanaCcr t0 e C U t agree.-ment in substantially : e hereto for an aMc: un t not r_lJ .. ed S 13. I -VIA . c+r. the design, supervision and fabrication of t:.e artwork; further authorizing the City %ianager to accept cash donations from the private sector to partially defray the cost of this froject and establishing a Special Revenue Account to receive and expend these contributions on an emergency basis so that the artwork may be installed by the building's completion in late September. { In conformance with Section 18-6 through 18-10 of the City of Miami +` Code, the Arts in Public Places Conanittee followed procedures leading to a report recommending that local artist, Michael Wolk, be engaged to create original artwork exclusively for the Curtis Park Elderly Meals Facility located at 2251 N.W. North River Drive. The facility is currently under construction and is estimated to be completed in September, 1985. Mr. Wolk, a graduate of Pratt Institute, proposes to fabricate a "larger than life" concrete living room suite for the 3300 square foot entry plaza of the building. The artwork would also be functional and could seat approximately 30 people. i A report on the Committee's actions leading to the recommendation �! is attached. The City, in compliance with Section 18-6 of the City Code, has set aside $7,000 for artwork from the Federal Jobs Bill funds, which were allocated for this project. The cost cf fabricating, the art work alone is $16,500. 85-7'26 . In order to partially defray the cost of this project, the following individuals and/or businesses have indicated their intent to donate cash for this project for a total of $9,750e Monty Trainer Tony and Linda Estevez (Projects advisors Corp.) International Medical Center Camilo Padreda Ricardo Badia Art Martinez Ute Wuertze, Cote d'Azur Sport Armando Alejandre $2►500 2,000 1,500 1,000 1,000 1►000 500 250 ;de will continue to solicit cash coc:tributions to cover the remaining $2,750 for the artist fee for the design and supervision of the fabrication and installation of the artwcr;:. If there is a balance of funds remaining in the project's construction budget, it is recommended that an amount not to exceed $2,750 be allocated to pay the artist's fees. The artist understands and the agreement stipulates that the artist's fee shall only be paid it funds remain in the construction budget or if private sector donations are made to the City for this project. In order that the artwork be ready for the September completion of the facility, it is important that an emergency ordinance be passed establishing a revenue fund to receive and expend $9,750 in cash donations from the private sector made for this project. Names of all donors will be placed on a plaque at the facility and will be recognized during the building's dedication in late September. tip*-- •. 0 The Honorable Mayor and Members of the City Commission In order to partially defray the cost of this project, the following individuals and/or businesses have indicated their intent to donate cash for this project for a total of $9,750e Monty Trainer $2,500 Tony and Linda Estevez 2,000 (Projects Advisors Corp.) International Medical Center 1,500 Camilo Padreda 11000 Ricardo Badia 1,000 Art Martinez 11000 Ute Wuertze, Cote d'Azur Sport 500 Armando Alejandre 250 e will continue to solicit cash contributions to cover the remaining $2,750 for the artist :.ee for the 'resign and supervision of the fabrication and installation of ti:e artwork. If there is a balance of funds remaining in the project's construction budget, it is recommended that an amount not to exceed $2,750 be allocated to pay the artist's fees. The artist understands and the agreement stipulates that the artist's fee shall only be paid if funds remain in the construction budget or if private sector donations are made to the City for this project. In order that the artwork be ready for the September completion of s the facility, it is important that an emergency ordinance be passed establishing a revenue fund to receive and expend $9,750 in cash donations from the private sector made for this project. tdames of all donors will be placed on a plaque at the facility and will be recognized during the building's dedication in late September. INTER -OFFICE MEMORANDUM To. Sergio Pereira DATE July 3, 1985 PILE. City "Manager SUBJECT Report on Selection of an Artist for the Curtis Park Elderly FROM REFERENCES Xeal s Facility Cathy Leff, Staff Liaison Art in Public Places Committee ENCLOSURES. Funds in the amount of $7,000 have been set aside for the Arts in Public Places Program from the Federal Jobs Bill, a U.S. Department of Housing and Urban Development grant, for the acquisition of art for the Curtis Park Elderly deals Facility, 2251 N.W. North River Drive, to comL ly with Section 18-6 of the City Code. Federal Jobs Bill funils a :3 ComnunitY Contingent Funds are being to cover :he ccs: Df _')n3 ructi_:c tne :aciiitv. lliOr anC? 'Nlth S?C`10 , 13_9 =(1? City CC<2e, a rUQrt must be submitted to the City Commission for (15iscussion at a regular Commission meeting on the action proposed to be taken by the City :tanager in the selection and commissioning of an artist prior to the expenditure of funds appropriated for the acquisition of art for a project. The following is a report of the action taken by the Arts in Public Places Committee with respect to this project. In July, 198Y, the Arts in Public Places C:onunittee began preliminary discussions on proposed artwork for the Curtis Park Elderly Meals Facility. After numerous meetings with the user, the project architects, and the Departments of Community Development and Public tigorks, a concept was submitted by the staff coordinator to the Arts ir. Public Places Committee to consider using the art funds for functional sculpture for the building's entry plaza. On December 4, 1984, Michael Wolk, a Pratt Institute graduate and a local artist known for his unique furniture design, was invited to appear before the Committee to discuss the possibility of using the art funds to design furniture for the plaza area. At that meeting, the Committee expressed their concern as to whether furniture would be an art form and requested that Mr. Wolk meet with the architects, visit the user agency, and come back to the Committee with a concept for artwork. WW On March 6, 1985, Michael Wolk returned to the Arts in Public Places Committee and presented a maquette of his proposed artwork for the entry plaza. This consisted of a series of living room furniture that would be larger than life and cast in concrete. Furthermore, the artwork would be functional. The Committee unanimously approved the proposal subject to sufficient funds being made available. The user and architects also supported the proposed artwork. The artist agreed project since the the furniture. to assist the City to raise funds for this $7,000 would not cover the cost of fabricating City staff ha%%e contacted nsmerous People any interest in making donations towards 1 Sc, 5C.0 has een committed frcrr, .'r.e private ► 1Sb.► to fabricate, this artwork, which will cosy �1�,50� .Lgn and excluding the artist �f the artworkees- Irwithout atist is , fee nif funds g to s are not supervise all aspects available. The Arts in Public Places Committee recommends that you approve this report and submit it as part of your agenda package on this As of Jule sector for to deter- -mine if there was this project. 85- ! 2(; 6.1 U pROptSSIONAL SERVICES AOREtMW This Agreement entered into this day of 1984, by and between the City of :•liami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY", and Michael Fiolk, an individual, hereinafter referred to as "ARTIST" WITNESSETH: WHEREAS, the City desires to Commission an artist to provide certain work of art in connection with the Curtis Park Elderly Meals Facility, 2251 N.W• North River Drive, Miami, Florida; and WHEREAS, the ARTIST, having examined the scope of services required hereunder and having expressed his desire and willingness to provide such services, and having presented h_s qualifications to the CITY in support of his expressed desires; and WHEREAS, the City of Miami Arts in Public Places Committee has recommended the ARTIST for said project. NOW, THEREFORE, in consideration of the mutual covenants and f obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: TERM: from July 18, The term of this Agreement shall. be 1985 i through October l• 1985, Department of Community Development (hereinafter the "DEPARTMENT") will act on behalf of the CITY in the fiscal controls, programmatic monitoring, and modification of this Agreement, except as otherwise provided by this Agreement- III. SCOPE OF SERVICES: ARTIST will (1) Design and create an original work of art exclusively for the City of Miami Curtis Park Elderly deals Facility, entry plaza, 2251 N.:v. N.ortn Ri',rer Drive, to consist of cast, concretes living room furniture, substantially in accordance with the proposed maguette accepted by the 3 Arts in Public Places Committee and the City Manager; and (2) Supervise and be responsible for all aspects of the work including design, execution, transport and installation; and ( (3) Ensure the artwork shall be designed to withstand hurricane force winds; has a protective seal to prevent �' from being permanently absorbed into the i graf_itti ' concrete; ensure the artwork is designed to properly drain water and is protected against mildew.* i (¢) Provide and pay for al materials, labor, and related i services in connection with this Agreement. I ' 85--726_ . (5) Provide and pay for the tYarisport of the artwork to the Curtis Park Meals Facility site, (6) Proceed with all diligence to carry out the artwork upon receipt of notice to proceed from the Director of the DEPARTMENT so that the artwork can be installed by September 20, 1985. (7) Perform all required artistic services as hereinafter set forth and in general accordance with the, instruction of the CITY. (8) Agree not to reproduce the artwork and will ensure that all mold are destroyed once the artwork has been installed. IV. COMPENSATION: A. CITY shall pay CONSJLTIPUNT, as ' maximum compensation::.for.,,the J services required pursuant to Paragraph II hereof, $19,500. B. Such compensation shall be paid on the following bases: $16,500 payment for fabrication of the artwork; $8,250 to be paid upon execution of the agreement; $8,250 upon completion of the artwork and transport to the site for final installation. $3,000 artist fee for the design and supervision of the t fabrication and installation of the artwork Shall be paid i only in the event that there is a balance of unused funds fin the construction budget of the Curtis Park Elderly Meals Facility, #B3209, or if additional private sector i sands are raised and donated to the CITY for this purpose. -3- audit the tithe pertaining to D, The City will not alter, move or change the without the written consent of the ARTIST. V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of Federal, State and Local Governments. Y. V I . GENERAL CONDITIONS: A. All noticas or other communications which shall or may be ^ursuant to t,Iis Agreement shall be in writing and given shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, i whichever is earlier. h l CITY OF MIAMI ARTIST P.O. Box 330708 Michael Wolk 7 33133 4265 Braganza Street } Miami, Florida Miami, Florida • 33133 g, Title and paragraph headings are for convenient reference and are not a part of this Agreement. wow B5- 726 . w th the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall iule. b. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the -remaining terms and provisions of this t Agreement shall remain unmodified and in full force and F } effect. i t i 1 t } y i VII. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULT.P4T agrees that all documents maintained and 85--72� between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. S.- Should any provisions, paragraphs, sentences► words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise uenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in zither event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. VI I. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and 85Z6 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this agreement shall rule. D, No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E: Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a" court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of paragraphs, sentences, words Miami, such provisions, or phases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then _same shall be deemed severable, and in either event, the -remaining terms and provisions of this Agreement shall remain unmodified and in full force and j effect. VII. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to paragraph II hereof and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and 85-726 . and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all time remain the property Of CITY and shall not be used by CONSULTANT for purposes whatsoever without the written consent of CITY VIII. NONDELEGABILITY: That the obli_ations undertaken by CONSULTaN; pursuant to this agreement shall not be delegated to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. IX. AUDIT RIGHTS: CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. X. AWARD OF AGREEMENT:� ' This Agreement shall be construed and enforced according to, the laws of the State of Florida. XI. 85-'72� W CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and en.Lorced according to the laws of the State of Florida. XII, SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their heirs, executors, lecial representatives, successors, and assigns. XIII. INDEMNIFICATION: CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may ;rise out of CONSULT.:?_N' S activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XIV. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONSULTANT 8S-726__. W Arty tudh interests on the part dt CONSULTANT or its employees, must to CITY. be disclosed ih wtitiHg B, CONSULTANT is aware of the conflict of interest laws 6i the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11,1) and the State of Florida, and acrees that it shall fully comply in all respects with the terms of said laws. XV. INDEPENDENT CONTRACTOR: CONSULTANT and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified.or unclassified employees; further he/she shall.not-be deemed entitled to the Florida Workers' Compensation benefits as ! an employee p of CITY. XVI. ' TERMINATION OF CONTRACT: 1' CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services perfofmed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay CONSULTANT an amount in excess of " the total sum provided by this agreement. 1 t i It is hereby uhdeLntood by and between CITY and CormtTANT that any payment tirade in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT ;s not in default under the terms of this Agreement. If CONSULTANT is in default, then CITY shall in no way be obligated and shall not Pay "OPPP- CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, other compensation paid to CONSULTANT by CIiY while CONSULTANT or in default of the provisions herein contained, shall be was forthwith returned to CITY. XXI. AMENDMENTS: d= -g on either No amendments to this?,�reement shall be bin -•. party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties• hereto. have caused this instrument to be executed by the respective officials thereunto B duly authorized, this the day and year first above written. CITY OF MTALmI, a municipal Corporation of the State of ATTEST: Florida t j BY SERGIO PEREIRA RALPH G. ONGIE CITY MANAGER City Clerk ARTIST: MICHAEL WOLK, AN INDIVIDUAL By Michael Wolk, individually { 5 i i F 6 _.. ,tee,„,,,- ,,� _ �..