HomeMy WebLinkAboutR-81-1067- _ �..•.�'�'�"� J' :.kit ,-
,► j ktSOLUTION NO. 1
A RESOLUTION APPROVINO THE CITY MANAGER'S SELECTION
OF DAN DADDONA TO CREATE AN ORIGINAL MURAL FOR THE
SOLID WASTE DEPARTMENT ADMINISTRATION BUILDING AT
1280 NW 20TH STREETo MIAMI, FLORIDA,, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY
THE FORM ATTACHED HERETO BETWEEN THE CITY AND THE
ARTIST FOR A FEE OF $5,000; AND TO U8E POLLUTION CONTROL
AND INCINERATOR BOND FUNDS FOR SAID PURPOSES.
WHEREAS, the Arts in Public Places Committee, in accordance
with Sections 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, Dan Daddona, be commissioned to create
an original mural for the new Solid Waste Department Administration
Building, located at 1280 NW 20th Street, Miami, Florida; 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 OF MIAMI, FLORIDA:
Section 1. The selection by the City Manager of the
Artist, Dan Daddona, to create an original sculpture for the new
Solid Waste Department Administration Building 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 such artistic services for a fee of $5,000.
Section 3. Funds in the amount of $5,000 are hereby
allocated from the Pollution Control and Incinerator Bond Fund to
cover the cost of the said mural.
PASSED AND ADOPTED this 10 day of
ATTEST:
03-5 Q
RALM G. ONGIE, CITY CL
PREPARED AND APPROVED BY:
.&&Z I f C
DEPUTY CITY ATTORNEY
DECEMBER , 1981.
MAURICE A. FERRE
M A Y O R
AS TO(FORM AND
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CTNESS:
CIT COMMISSION `
MEETING OF
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INTER -OFFICE MEMORANDUM
81-1, 5--pff-T.-(} .131
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Howard V. Gary CATE. November 180 1981 INLE
City Manager
Proposed Resolution for
Arts -in -Public Places
Solid Waste Department
Morris I. ufmann REFERENCES -Administration Building
Assistant t the City Manager
ENCLOSURES.
It is recommended that the proposed Resolution
be adopted by the City Commission at its next
meeting on December 10, 1981, whereby the City
Commission approves the recommendation of the
Citv Manager to entracte Dan Daddona to create an
original wall mural for the Solid Waste Department_
Administration Building; authorizes the City
Manager to execute an agreement with the artist
for such artistic services for an amount of 5,000;
and authorizes the City Manager to expend said
amount from the Pollution Control and Incinerator
Bond Fund for said purpose.
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 Dan Daddona be engaged to
create an original mural for the new Solid Waste Department
Administration Building. See attached memorandum from Brenda
Williamson to the City Manager, dated
On the basis that the City Manager approves the Arts -in -Public
Places Committee's report, it is recommended that the proposed
resolution be placed on the agenda of the City Commission meeting
scheduled for December 10, 1981. The proposed resolution provides
for the following City Commission actions: 1) approves the
recommendation of the City Manager to engage Dan Daddona as the
artist to create an original mural for the new Solid Waste
Department Administration Building; 2) authorizes the City Manager
to execute an agreement (attached hereto) with the artist for an
amount of $5,000 for all artistic services; and 3) authorizes
the City Manager to expend that amount from the Pollution Control
and Incinerator Bond Fund for the artistic services,
MIK:bf
Enclosures
ak
MEMORANDUM
To Howard V. Gary DATE November 18, 1981
City Manager
..� FILE
FROM Ar:nda Williamson SUBJECT Report on Selection of Artist
ts in Public Places Committee for Solid Waste Department
Administration Building
In January 1974, the City Commission of Miami adopted Ordinance
No. 8227 (Sections 18-6 through 18-10 of the City Code), establishing
a "Cultural Arts Advisory Committee" for the purpose of advising and
assisting the City Manager in carrying out his responsibility to
implement the provisions of Dade County Ordinance No. 73-77 which
requires that not less than 1.5 percent of the construction costs
of government buildings be appropriated for the acquisition of
suitable works of art for such buildings.
On February 9, 1978, the City Commission of Miami adopted Ordinance
No. 8759, renaming the advisory committee as the "Arts in Public
Places Committee" and modifying the method of selecting committee members.
One of the requirements of the City Code is that the City Manager
submit a report to the City Commission for discussion at a regular
meeting of the City Commission on the action proposed by him in the
selection and commissioning of an artist prior to any expenditure
of funds for a given project's art work.
Following is a report of the Arts in Public Places Committee's
actions in selecting an artist to provide a work of art for the
new Solid Waste Department Administration Building, located at
1290 NW 20 Street, Miami, Florida 33125. The total allocated
amount for art work is $15,870.
On November 14, 1979, the Arts in Public Places Committee examined
plans of the proposed facility and determined where art work would
be suitably placed in the facility. On January 16, 1980, the
Committee met with the architect, David Wolfberg, of the firm
Morton/Wolfberg/Alvarez/Taracido & Associates, and Clarance Patterson,
Director of the Solid Waste Department. It was the consensus that a
sculpture would be appropriate on the exterior in and around the
east plaza and a two dimensional wall hanging or mural would be
appropriate in the lobby.
0
81"1067
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Howard V. Gary
November 18, 1981
Page 2
In a meeting consisting of the s<
the location and general thematic
agreed upon. The Committee decic
would be interested in the projec
On May 11, 1980, the City advert.
soliciting letters of interest.
responses to the advertisement w
that further solicitation should
July 1, 1980, the City extended
some 35 artists by mail of this
on file with Metropolitan Dade C
Committee reviewed the responses
four months the Committee review
and selected a work by J. Fuhrma
a cost of $9,900. The City Comm
this work at its March 17, 1981
On January 15, 1981, the Committ
to select a two dimensional wall
January 22, 1981, the Committee
make a specific proposal for a r
reviewing the artist's presentai
concepts were not suitable for 1
to readvertise the mural commis:
advertised for artists in the loza-i pre55 na w=.i.L ....
and regional art journals. The City also sent copies of the
advertisement to approximately 200 artists whose names were on file
with the coordinator. Deadline for receipt of applications was
set for August 14, 1981.
On September 8, 1981, the Committee reviewed the work of 36 artists
who responded to the advertising. Four artists were selected from
this group to make a presentation to the committee. On November 17,
1981, the Committee unanimously selected the proposal of Dan Daddona.
The Committee, therefore, recommends that Mr. Dan Daddona be
engaged to create a mural for the Solid Waste Department's
Administration Building, to be applied directly on the lobby south
and east walls, for a lump sum amount of $5,000. The theme of the
mural will be identical to the presentation cartoon.
The Committee further recommends that the City Manager approve this
report and submit it, together with appropriate documentation, to
the City Commission at its next scheduled meeting, for authorization
to proceed with the execution of the work.
b•:
Howard V. Gary
November 18, 1981
Page 2
In a meeting consisting of the same group, held on March 12, 1980,
the location and general thematic content of the art work were
agreed upon. The Committee decided to advertise for artists who
would be interested in the project.
On May 11, 1980, the City advertised in the local newspaper
soliciting letters of interest. On June 19, 1980, fourteen
responses to the advertisement were reviewed. The Committee felt
that further solicitation should be undertaken. Accordingly on
July 1, 1980, the City extended the time for response and notified
some 35 artists by mail of this condition, using a list of artists
on file with Metropolitan Dade County. On September 18, 1980, the
Committee reviewed the responses of 24 more artists. Over the next
four months the Committee reviewed the work of a number of sculptors,
and selected a work by J. Fuhrman, "Reflections of Beethoven," at
a cost of $9,900. The City Commission approved the selection of
this work at its March 17, 1981 meeting.
On January 15, 1981, the Committee reviewed the work of four artists
to select a two dimensional wall hanging for the lobby. On
January 22, 1981, the Committee requested that artist Tony Scarnovaca
make a specific proposal for a mural. On April 23, 1981, after
reviewing the artist's presentation the Committee found that his
concepts were not suitable for this particular project and decided
to readvertise the mural commission. On July 24, 1981, the City
advertised for artists in the local press as well as in major state
and regional art journals. The City also sent copies of the
advertisement to approximately 200 artists whose names were on file
with the coordinator. Deadline for receipt of applications was
set for August 14, 1981.
On September 8, 1981, the Committee reviewed the work of 36 artists
who responded to the advertising. Four artists were selected from
this group to make a presentation to the committee. On November 17,
1981, the Committee unanimously selected the proposal of Dan Daddona.
The Committee, therefore, recommends that Mr. Dan Daddona be
engaged to create a mural for the Solid Waste Department's
Administration Building, to be applied directly on the lobby south
and east walls, for a lump sum amount of $5,000. The theme of the
mural will be identical to the presentation cartoon.
The Committee further recommends that the City Manager approve this
report and submit it, together with appropriate documentation, to
the City Commission at its next scheduled meeting, for authorization
to proceed with the execution of the work.
THIS t1==NT made and entered into this __ day of
r j by and between the City of Miami, a Munidipal
Corporation of the State of Plorida, hereinafter referred to as the
"CITY", and ban baddona, hereinafter referred to as the "ARTIST".
W I T N E S S ETH:
WHEREAS, the CITY has allocated $15,870 from the sale of
Pollution Control and Incinerator Bonds for Arts -in -Public Places,
in conformance with Dade County Ordinance No. 73-77 and City
Code 16- 5. 5 ; and
WHEREAS, the CITY desires to commission an ARTIST to
provide certain works of art prescribed herein in connection with
the Solid Waste Administration Building, 1950 NW 12th 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 this Agreement with
the ARTIST; and
WHEREAS; the City Manager has been authorized by the City
Commission, by Resolution No. , 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; and
NOW, THEREFORE, in consideration of the premises and the
mutual covenants 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 - GENERAL ,
A. The ARTIST acid 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,
81-1067
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„". E. The ARTIST shall perform all tequifed artistic services
as hereinafter set forth and in general accordance with the
instruction of the CITY.
C. The CITY agrees to pay and the ARTIST agrees to accept
as payment in full for all artistic services tendered, as outlined
in SECTION III - SERVICES hereof, the LUMP SUM FEE of FIVE THOUSAND
AND NO/100 DOLLARS ($5000.00).
SECTION II - 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
16-5.5, and referred to hereinafter as the "COMMITTEE."
D. COORDINATOR - is hereby defined as the Coordinator for
this Agreement.
E. ARTIST - is hereby defined as Dan Daddona, Cabana 29 Studios,
440 South Federal Highway, Deerfield Beach, Florida 33441,
(305) 272-7196.
F. WORK - is hereby defined as an original mural painting,
to be designed and executed by the ARTIST exclusively for the CITY
. under commission for this Agreement.
G. 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
r
this Agreement, to complete the WORK as further described in
SECTION III - SERVICES, hereof.
SECTION III - SERVICES
The ARTIST shall perform the following services in connection
with the WORK.
9
A. Works of Art - Create an original mural painting, based
upon a cartoon showing a Florida theme submitted by the ARTIST
during the selection process, to be executed in.acrylic, on the
south and east wall of the Solid Waste Administration Building,
approximately 50 feet x 10 feet and 20 feet x 10 feet, respectively,
and finished with a clear protective coating.
e}. s
��enerai
1. Meet with represehtatives of the CITY and the
CObIMIT= prior to beginning the WOAX to discuss and agree upon
certain revisions to be incorporated in the Completed mural, as F
compared to the original cartoon.
2. Execute the WORK into its final form subject to
approval by the CITY and the COMMMITTEE
3. Provide and pay for all material, labor and.related
services in connection with this Agreement.
C. Preliminary Presentation
After execution of this Agreement and after receiving
a Notice to Proceed from the CITY MANAGER, meet with CONZ24ITTEE to
review the cartoon and to discuss certain revisions which will be
incorporated by the ARTIST into the WORK. The Preliminary Presentation
shall be considered complete by the CITY when the COMMITTEE approves
the ARTIST'S concepts.
D. Execution
Upon approval of the Preliminary Presentation, begin the
undertaking of the WORK under this Agreement. When the WORK is
approximately seventy-five percent (75%) complete, the ARTIST shall
meet with the COMMITTEE and representatives of the CITY, as
authorized by the CITY MANAGER, to review and comment upon the
WORK in progress.
Execution shall be considered complete by the CITY when the
WORK has been approved by the COMMITTEE.
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SECTION IV - CITY's SERVICES
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
c
and directions in regard to the execution of this Agreement.
The CITY will provide access to the ARTIST and will be
responsible for the security of WORK in progress.
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gtMON__.V.. _ _ TIME_ .EoR, 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 CITY
MANAGER has authorized the ARTIST to proceed with the WORK. The
ARTIST agrees to complete the WORK; therefore, on or before
SECTION VI - COMPENSATION
A. The CITY agrees to pay and the ARTIST agrees to accept
a LUMP SUM FEE of FIVE THOUSAND AND NO/DOLLARS ($5,000.00) 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:
Item of Work
Payment
1. Preliminary Presentation $500
2. Execution
a. Approval of 75% completion $3,500
b. Approval of 100%
completion $1,000
SECT10N VII - SUBLETTING
Accumulated '
Value of Lump Sum Fee
$500
$4,000
$5,000
The ARTIST shall not sublet, assign, or transfer any creative
WORK under this Agreement without the written consent of the CITY.
SECTION VIII - TERMINATION OF AGREEMENT
A. In the event that ARTIST presents an item that, in the
ARTIST's opinion is seventy-five percent (75%) complete, to the
COMMITTEE for review and approval, and the COMMITTEE determines that
such item is a major deviation from the concept as approved by the
.
COMMITTEE at the time of the Preliminary Presentation, the CITY will
have the right to refuse the item, unless the ARTIST modifies or
otherwise reworks it until it is acceptable to the COMMITTEE. If
the ARTIST fails to modify or otherwise to rework the item to the
satisfaction of the CITY MANAGER, the CITY may refuse delivery of
the item and may terminate this agreement without penalty to the
CITY, upon written notification to the ARTIST.
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b, in the event of te=ination of this Agreement by the CtTYi
the CITY will be obligated to pay the ART18T only for that p6tt16n
of the WORK that has been completed, as specified under 89CT16M ili
SERVICKS hereof, prior to the time of termination,, and the ARTIST
shall forfeit all rights to the unfinished and unacceptable
portions of the WORK.
C. The provision of paragraphs A and B hereibabove shall
also apply at: the time the ARTIST presents an item that, in his
opinion, is one hundred percent (100%) complete.
SECTION IX - 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.
The ARTIST also warrants that to the best of his knowledge
and belief no Commissioner, Mayor or other office or employee of the
CITY is interested directly or indirectly in the profits or
emoluments of this Agreement.
SECTION X - OWNERSHIP OF DESIGN
All designs, other than -the final accepted WORK, developed
by the ARTIST for the purpose of this Agreement, shall remain the
property of the ARTIST. -
The final accepted WORK shall become the property of the
CITY without restriction or limitation.
It is further agreed that the ARTIST may not duplicate the
WORK, except that the ARTIST may use photographs or other images of
the WORK for cataloging and illustrating his artistic achievements.
SECTION XI - 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 Paid ARTIST or his authori;ed representative.
067
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'.'. SECTION XIt' .,, tICRTOF DECISIONS
All services shall be performed by the ARTIST to the satitf&Ct16f
of the COORDINATOR Who will be responsible for administration of this
Agreement and who will act on behalf of the CITY MANACER. The COMMITTER
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 XIII - ENTIRETY OF AGREEMENT
This writing embodies the entire Agreement and understanding
between the parties hereto, and there are no other agreements and
understandings, oral or 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.
This Agreement shall be governed by and construed according
to the laws of the State of Florida.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement, the day and year first above set forth.
THE CITY OF MIAMI (a municipal
corporation of the State of Florida)
By:
Artist City Manager
WITNESSES:
APPROVED AS TO CONTENT:
Coordinator
ATTEST:
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
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