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HomeMy WebLinkAboutR-83-0652J-83-549 RESOLUTION NO. A RESOLUTION APPROVING THE CITY MANAGER'S SELECTION OF ROLANDO LOPEZ DIRUBE TO CREATE AN 8'X40' MURAL FOR JOSE MARTI PARK, LOCATED AT S.W. 4TH STREET AND 4TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTAN- TIALLY THE FORM ATTACHED HERETO BETWEEN THE CITY AND THE ARTIST FOR A FEE OF $26,000 FROM THE PARKS FOR PEOPLE BOND FUND, A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AND A U.S. DEPARTMENT OF INTERIOR, URBAN PARKS AND RECOVERY GRANT THAT HAVE BEEN SET ASIDE FOR SAID PURPOSES. 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, Rolando Lopez Dirube, be commissioned to create an 8'X40' mural symbolizing the life of Jose Marti for the Jose Marti Park located on S.W. 4th Street and 4th Avenue; and WHEREAS, the City Manager has approved said report and has submitted it to the City Commission for discussion; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OP MIAMI, FLORIDA: Section 1. The selection by the City Manager of Artist, Rolando Lopez Dirube, to create an 81X40' mural for Jose Marti Park, is hereby approved. Section 2. The City Manager is hereby authorized to execute an agreement in substantially the form attached hereto commissioning said Artist for artistic services. CITY COMMISSION MEETING OF JUL 18 1983 RES0LUL10t% io. 83-652e RKS. 0 a Section 3. The City Manager is hereby authorized to expend an amount not to exceed $26,000 which has been set aside from the Parks for People Bond fund, a U.S. Department of Housing and Urban Development grant and a U.S. Department of Interic;r,Urban Parks and Recovery grant to cover the cost of the said agreement in conformance with Section 18-6 of the City Code. PASSED AND ADOPTED this 18 day of July , 1983. ATTEST: ALPH G. ONGIE, CITY CLERKX PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: i ?FeR. GARCIA-PEDROSA ATTORNEY Maurice A. Ferre _ MAYOR 83-652, AGREENEPJT THIS AGREEMENT made and entered into this ,day of , by and between the City of Miami, a Municipal Corporation of the State of Florida, hereinafter referred to as the "CITY", and Rolando Lopez Dirube, herein- after referred to as the "ARTIST". W I T N E S S E T H: WHEREAS, the CITY desires to commission an ARTIST to provide certain works of art prescribed herein in connection with Jose Marti Park, S.W. 4th Street and 4th Avenue, Miami, Florida; and WHEREAS, the ARTIST, having examined the scope of the services required hereunder, and having expressed his desire and willingness to provide such services, and having presented his qualifications to the CITY in support of his expressed desires; and WHEREAS, as a result of the aforementioned mutual understandings, the CITY desires to enter into this Agreement with the ARTIST; and WHEREAS, the City Manager has been authorized by the City Commission, by Resolution dated to commission the ARTIST to perform certain services and the ARTIST has agreed to perform such services upon the terms and conditions hereinafter set forth: NOW, THEREFORE, -in consideration of the terms and conditions herein contained, the CITY agrees to commission the ARTIST and the ARTIST agrees to perform all required services in connection with the WORK as described herein, upon the following terms and conditions; namely: SECTION I - DEFINITIONS A. CITY - is hereby defined as the City of Miami, Florida B. CITY MANAGER - is hereby defined as the City Manager of the CITY. C. ARTS -IN -PUBLIC PLACES COMMITTEE - is hereby defined as the committee appointed by the City Commission under City Code Section 18-10, and referred to hereinafter as the "COMMITTEE". D. COORDINATOR - is hereby defined as the Coordinator for this Agreement. E. ARTIST - is hereby defined as Rolando Lopez Dirube, P.O. Box 929, 124 West Ocean Drive Bayview, Castano, Puerto Rico, 00632, (809) 784-3963. F. WORK - is hereby defined as an original artistic creation to be designed and executed by the ARTIST exclusively for the CITY under commission for this Agreement. -1- 83- 652.; (,. LUMP SUM FEE - is hereby defined as the amount of money that the CITY agrees to Pay and the ARTIST agrees to accept as payment in full for all artistic services rendered pursuant to this Agreement, to complete the WORK as further described in SECTION III - SERVICES, hereof. SECTION II - GENERAL A. The ARTIST and the CITY are fully aware of the time requirements for this undertaking and the ARTIST will therefore proceed with all diligence to carry out the WORK and to meet such requirements. B. The ARTIST shall perform all required artistic services as hereinafter set forth and in general accordance with the instruction of the CITY. C. The CITY agrees to pay and ARTIST agrees to accept as payment in full for all artistic services rendered, as outlined in SECTION III - SERVICES hereof, the LUMP SUM FEE of TWENTY SIX THOUSAND AND NO/100 DOLLARS ($26,000.00). SECTION III - SERVICES WORK: The ARTIST shall perform the following services in connection with the A. Work of Art - create a unique mural for the City of Miami symbolizing the life and work of Jose Marti. The mural shall be eight feet by forty feet (8'x4O') in size and shall be made of cast concrete, stainless steel and wrought iron. The mural shall be mounted on an exterior wall and shall be designed and installed to withstand hurricane forces. B. General 1. Prepare a drawing or other display for presentation and approval by the CITY MANAGER and COMMITTEE prior to beginning the WORK. 2. Fabricate and execute the WORK into its final form after approval by the CITY MANAGER and the COMMITTEE of the preliminary presentation. any transport. 3. Supervise and be responsible for all aspects of the work, including 4. Supervise the installation of the WORK at Jose Marti Park. 5. Provide and pay for all materials, labor and related services in connection with this Agreement. C. Preliminary Presentation After execution of this Agreement and after receiving notice to -2- proceed from the CITY MANAGER, prepare a design concept of the mural (creation) for presentation to the CITY MANAGER or his designee and the ARTS -IN -PUBLIC PLACES COMMITTEE. The ARTIST may use such displays as models, drawings, mock-ups or other items as he deems necessary to illustrate to the CITY MANAGER his design concept, its setting, its size, materials and other relevant characteristics. The prelimi- nary presentation shall be considered complete by the CITY when the CITY MANAGER approves the ARTIST's concepts. D. Execution Upon approval of the preliminary presentation, begin the undertaking of the WORK under this Agreement in accordance with the approved concept, including preparing the necessary engineering and installation drawings. All materials used to execute the WORK shall be new and free from defect. When the WORK is approxi- mately 75;' complete, the ARTIST shall submit photographs of the WORK to the CITY MANAGER or his designee and the ARTS -IN -PUBLIC PLACES COMMITTEE for their review. If convenient, the CITY MANAGER or his designee and the ARTS -IN -PUBLIC PLACES COMMITTEE shall examine the WORK prior to installation. Execution shall be con- sidered complete when the ARTIST notifies the COORDINATOR that the WORK is ready for shipment to the site. E. Installation Install the WORK at the designated site at Jose Marti Park. The ARTIST shall be responsible for all crating, uncrating, transportation, installa- tion and related activities that may be required to transport the WORK from the ARTIST's studio or place of fabrication and to install it at the site at Jose Marti Park. SECTION IV - CITY'S SERVICES A. The CITY MANAGER will appoint a COORDINATOR who will act as the liaison between the CITY MANAGER and the ARTIST. The ARTIST will contact the COORDINATOR on all matters pertaining to this Agreement and, in general, follow the COORDINATOR'S instructions and directions in regard to the execution of this Agreement. B. The CITY will furnish the ARTIST with photographs and other documents that the ARTIST may require and which are available in the CITY'S files and which pertain to the services to be performed. It is understood that such items will be on a loan basis and that the ARTIST will return them to the CITY prior to the time the CITY makes final payment to the ARTIST. -3- 8 -65Z CA SECTION V - TIME FOR COMPLETION The ARTIST and the CITY have examined the conditions pertaining to the execution of the WORK and have determined that a reasonable time for its completion will be three (3) months after the ARTIST receives written notice from the CITY MANAGER to proceed with the work. SECTION VI - COMPENSATION A. The CITY agrees to pay and the ARTIST agrees to accept a LUMP SUM FEE of TWENTY SIX THOUSAND AND NO/100 DOLLARS ($26,000.00) as payment in full for services rendered, pursuant to the WORK in accordance with the terms and conditions of this Agreement. B. This payment will be made periodically in proportion to the services performed so that compensation at the completion of certain portions of the WORK shall equal the amounts of the LUMP SUM FEE, as shown in the following schedule of payments which shall be made in accordance with City Code Section 18-9: Accumulated Item of Work Pa ment Value of Lump Sum Fee 1. Execution of Contract $ 6,500 $ 6,500 2. Approval of Preliminary 13,000 19,000 Presentation 3. Completion and Acceptance 6,500 26,000 SECTION VII - INDEMNIFICATION A. The ARTIST shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and cause of action, which may arise out of the ARTIST'S activities under this contract, including all other acts or omissions to act on the part of the ARTIST or any of them, including any person acting for or on his or their behalf, and, from and against any orders, judgments or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. B. The ARTIST shall become defendant in every suit brought for any of the above against the CITY, or the CITY'S officials, agents and employees. C. The ARTIST shall be held responsible for any violation of laws or ordinances growing out of this Agreement. D. The ARTIST shall certify that he has paid or otherwise satisfied all outstanding claims before final payment will be made to the ARTIST. -4- 83-f 521 • 6 SECTION VIII - INSURANCE The ARTIST shall indemnify and save the CITY harmless from any and all claims, liability, losses and causes of actions which may arise out of this project. SECTION IX - SUBLETTING The ARTIST shall not sublet, assign, or transfer any creative WORK under this Agreement without the written consent of the CITY. SECTION X - AWARD OF AGREEMENT The ARTIST warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ARTIST, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ARTIST, any fee, commission, percentage fee, gifts, or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability. SECTION XI - OWNERSHIP OF DESIGN All designs and other data developed by the ARTIST for the purpose of this Agreement, shall become the property of the CITY without restriction or limitation upon their use and shall be made available by the ARTIST at any time upon request of the CITY. The ARTIST shall turn over to the COORDINATOR all such items prior to final payment. It is further agreed that the ARTIST may not duplicate the murals at any time and that the CITY will consult the ARTIST prior to altering or rearranging the Art work. SECTION XII - NOTICES Any notices, reports, or other written communications from the CITY to the ARTIST shall be considered delivered when posted to the ARTIST at the last address left on file with the CITY, or delivered in person to said ARTIST or his authorized representative. SECTION XIII - RIGHT OF DECISIONS All services performed by the ARTIST shall be monitored by the COORDINATOR who will be responsible for the administration of this Agreement. The COMMITTEE shall be the sole judge of the acceptability of the ARTIST'S creation and the ARTIST shall abide by the COMMITTEE'S comments as to compliance with the approved preliminary presentation. SECTION XIV - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are not other agreements and understanding, oral and written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XV - TERMINATION OF CONTRACT The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the ARTIST who shall be paid for all WORK performed prior to the date of this receipt of the notice of termination. In no case, however, will the CITY pay the ARTIST an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the ARTIST that any payment made in accordance with this Section to the ARTIST shall be made only if said ARTIST is not in default under the terms of this Agreement. If the ARTIST is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the ARTIST any sum whatsoever. SECTION XVI - INDEPENDENT CONTRACTOR That the ARTIST and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to Florida Workers Compensation bene- fits as an employee of the CITY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Witnesses: Attest: CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: ARTIST, Rolando Lopez Dirube CITY OF MIAMI, a municipal corporation of the State of Florida By: CITY MANAGER JOSS R. GARICA-PEDROS City Attorney -6- B3-65Z. 64 CITY OF MIAMI• FLORIDA I A - 'INTER -OFFICE MEMORANOUM To. Howard V . Gary City Manager FRom:.Cathy Leff, Staff Liaison Arts in Public Places Committee n l . J DATE: June 27, 1983 FILE: SUBJECT. Proposed Artwork and Resolution for Jose Marti Park Arts in Public Places REFERENCES: July 18 Commission Agenda ENCLOSURES: It is recommended that the Citv Commission approve the recommendation of the City mittee to engage Rolando Lopez Dirube to create an original mural for Jose Marti Park and authorize the City Manager to execute an agreement with the artist for such artistic services for an amount of $26,000. Funds from the Parks for People Bond Fund, a U.S. Department of Housing and Urban Development grant, a U.S. Department of Interior, Urban Parks and Recovery grant have been set aside to cover the cost of said services. In conformance with Sections 18-6 through 18-10 of the City of Miami Code, the Arts in Public Places Committee followed procedures leading to a report recommending that Rolando Lopez Dirube be engaged to cre- ate an original mural for Jose Marti Park. Mr. Dirube proposes to execute an 81X40' mural that would be symbolic of the life and work of Jose Marti. The mural would be mounted on an exterior wall to be constructed in the park. A report of the Committee's actions leading to the recommendation is attached. The Parks Department and the park architect support the recommendation of the Committee. On the basis that the City Manager approves the recommendation of the Arts in Public Places Committee, the proposed resolution authorizes the City Manager to execute an agreement with Mr. Dirube to create the mural for a cost not to exceed $26,000. Funds have been budgeted from the Parks for People Bond fund, a U.S. Department of Housing Urban Development grant, a U.S. Department of Interior, Urban Parks and Recovery grant to cover the cost of this agreement. /]mb 83-652 TO. FROM. CITY OF MIAMI. FL.ORIOA INTER -OFFICE MEMORANDUM Howard V. Gary City Manager by Le, Staff Liaison s in ublic Places Committee DATE: June 21, 1983 FILE: SUBJECT Report on Selection of an Artist for Jose Marti Park REFERENCES: ENCLOSURES: Funds in the amount of $26,000 have been set aside from the Parks for People Bond fund, a U.S. Department of Housing and Urban Devel- opment grant and a U.S. Department of Interior, Urban Parks and Recreation Recovery grant for the acquisition of art for Jose Marti Park as part of the Arts in Public Places Program. In conformance with Section 18-9 of the City Code, a report must be submitted to the City Commission for discussion at a regular Commis- sion meeting on the action proposed to be taken by the City Manager in the selection and commissioning of an artist prior to the expendi- ture of funds appropriated for the acquisition of art for a project. The following is areport of the actions taken by the Arts in Public Places Committee with respect to this project. In July 1981, representatives from the Parks Department and from Wallace, Todd and Roberts, the park architects, met with the Arts in Public Places Committee to discuss the plans for Jose Marti Park. It was the recommendation of the architect that a ceramic mural be applied to a west facing 8IX40' exterior wall of the rec- reation facility. The Committee concurred with this recommendation. From January 1982 to July 1982, the Committee interviewed several artists for the project. In September 1982, the Committee decided to place an advertisement soliciting proposals and slides from artists interested in being considered for this project. Twenty- seven responses were received. In March 1983, the Committee reviewed the proposals submitted in response to the advertisement and ranked the three artists most qualified for this particular project. They were: Rolando Lopez- Dirube, Emilio Sanchez, Jorge Castano. The Committee requested additional information on the three and agreed to finalize their selection at the April meeting. At the April meeting, the Commit- tee unanimously recommended that Rolando Lopez-Dirube be commissioned for the Jose Marti Park project. Howard V. Gary -2- June 21, 1983 City Manager On June 13, 1983, Mr. Dirube presented a preliminary design for the mural to the Committee. The proposed mural would symbolize the life and work of Jose Marti. The (81X401) mural would be made of concrete bricks (11X3') with the word "sembrar" (to plant) cast 1" deep and symbolic of the writings of Marti, a stainless steel blade symbolic of the will of Marti, and three wrought iron links (one broken away) symbolic of his legacy of freedom. The Committee approved the design concept. Mr. Dirube suggested that since the wall of the recreation building has windows, he would like to extend the wall so that the artwork would not compete with the windows and would have its own dignity. After discussion, it was the concensus of the Committee that a wall be constructed away from the recreation building, in another area of the park and that the mural be applied to that wall. The Committee further recommended that the City try to identify funds to cover the cost of constructing the wall. The Arts in Public Places Committee recommends that you approve this report and the Committee's selection of the artist and submit it for discussion at the July City Commission meeting. /7mb 83--652. f, 7 r. i 047Tf 'o 1 31 I