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HomeMy WebLinkAboutR-80-059001 i RESOLUTION NO. 8 0- 5 9 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY AND ARLYN ENDE TO CREATE A TAPESTRY FOR THE CITY'S LITTLE HAVANA COMMUNITY CENTER FACILITY AT 970 SW FIRST STREET, MIAMI, FLORIDA; FOR A FEE NOT TO EXCEED $6,500, USING COMMUNITY DEVELOPMENT PROJECT CONSTRUC- TION FUNDS. WHEREAS, pursuant to Resolution No. 80-532, adopted July 10, 1980, the City Commission approved the selection by the City Manager of Arlyn Ende to create a tapestry for the Little Havana Community Center Facility located at 970 SW First Street, Miami, Florida, for a fee not to exceed $6,500 using Community Development Project Construction Funds; and WHEREAS, the City Manager negotiated the attached Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 1. The City Manager is hereby authorized to execute the attached Aqreement between the City and Arlyn Ende to create a tapestry for the Little Havana Community Center Facility at 970 SW First Street, Miami, Florida using funds therefor from Community Development Project Construction Funds. PASSED AND ADOPTED this 24 ATTEST: RAL G. ONGIE, CITY CLWr PREPARED AND APPROVED BY: ASS _rJ C P.NEY. J APPROVFAB 7iS TO F GEORGE' Fyl KNOX. CITY ATTORNEY CORRECTNESS: day of July , 1980. MAURICE A. FERRE M A Y O R "SUPPORTIVE DOCU i - i ENTS FOLLOW" "DOCUMENT INDEX ITEM NO_ 30 " CITY COMMISSION MEETING OF JUL2 4 1980 80-5 0 UXOMNNO ...................... KNAM................ «........... t 3I CITY OF MIAM1 rLeIFVDA 1 NTCR•0FFICZZ `,AEN1CIRA,,40t.'?A 7r To Joseph R. Grassie City Manager " Morris I.(Kaufmann Assistant to the City Manager F N'7'.-';URE9 July 14, 1980 —Lr Proposed Resolution Regarding Execution of Agreement Between Arlyn Ends and the City. It is recommended that the attached resolution be adopted by City Commission in its meeting of July 24, 1980, authorizing the City Manager to execute the attached Agreement between the City and Arlyn Ende to create a tapestry for the City's Little Havana Community Center Facility at 970 SW lst Street, Miami, Florida, for a fee not to exceed $6,500, At the Commission meeting of July 10, 1980, the Commission approved Resolution No. 80-532, approving the City Manager's report on the selection and commissioning Arlyn Ende as the City's artist to create a tapestry for the City's Little Havana Community Center Facility at 970 SW 1st Street, with a fee for said commission not to exceed $6,500 The proposed resolution authorizes the City Manager to execute the attached Agreement and to use Community Development project construction funds to cover said Agreement. MIK:bf Enclosure '— cc: Richard I'osmoen "SUPPORTIVE DOCUMENTS ,_ FOLLOW 8 ° o CITY OF 141A.1,41. iL0WOA INTEROFFICE ;•tC`1C 2Al'aOUM George Knox, Jr. 0 A r k July 14, 1980 PILE City Attorney rI'wC<:r Proposed Resolution Regarding Execution of Agreement Between [ Arlyn Ende and the City :y Morris I. Kaufmann PFFt;?C4CE2: Assistant to the City Manager r NC,L05URE$: Enclosed is proposed resolution authorizing the City Manager to execute Agreement between the City and Arlyn Ende to create a tapestry for the City's Little Havana Community Center Facility at 970 SW 1st Street. "SUPPORTIVE DOCUMENTS FOLLOW" V 0 A G R E E M E N T THIS AGREEMENT made and entered into this 14th day of July , 1980, by and between the City of Miami, a Municipal Corporation of the State of Florida, hereinafter referred to as the "CITY", and Arlyn Endo, hereinafter referred to as the "ARTIST". W I T N E S S E T H WHEREAS, the CITY has allocated $6,500.00 from Community Development Funds for Art in Public Places, in conformance with Dade County Ordinance No. 73-77 and City Code 16-5.4; and WHEREAS, the CITY desires to commission an ARTIST to provide certain works of art prescribed herein in connection with the Little Havana Community Center, 970 SW 1 Street, Miami, Florida; and WHEREAS, the ARTIST, having examined the scope of the services required hereunder, and having expressed her desire and willingness to provide such services, and having presented her qualifications to the CITY in support of her 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 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: "SUPPORTIVE DOCUMENTS fOLLPWFF SECTION I - 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 instructions of the CITY. C. The CITY agrees to pay and the 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 SIX THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($6,500.00). 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. COORDINATOR - is hereby defined as the Coordinator for this Agreement. D. ARTIST - is hereby defined as Arlyn Ende, Route•1, Box 25, Bradyville, Tennessee 37026, (615) 765-5682. E. WORK - is hereby defined as an original artistic creation to be designed and executed by the ARTIST exclusively for the CITY under commission by this Agreement. F. 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 III - SERVICE:S The ARTIST shall perform the following services in connection with the WORK. A. Work of Art - Create a unique work of art for the CITY, consisting of a hand-woven wool tapestry approximately 10' 6" by 12' 0" in size, made from hand -spun wool, dyed and OUrrURTIVE -2- DOCUMENTS 0 F0L G l '� ! J woven under the direction of the ARTIST, using the traditional flat surface tapestry technique on a special wide beam loom. The tapestry shall be installed in the second level lobby of the Little Havana Community Center. H. General 1. Prepare a drawing or othor display for preliminary presentation to the CITY. 2. Fabricate and execute the WORK into its final form after approval by the CITY of the preliminary presentation. 3. Supervise and be responsible for the shipment of the WORK. 4. Supervise and be responsible for the installation of the WORK at the Little Havana Community Center. 5. 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, make a Preliminary Presentation of her design concept for the CITY MANAGER'S review and approval. The Preliminary Presentation shall be considered complete by the CITY when the CITY MANAGER approves the ARTIST'S concept. D. Fabrication Fabricate the WORK in accordance with the approved preliminary concept. All material used in the Fabrication shall be new and free from defects. Fabrication shall be considered complete by the CITY when the ARTIST notifies the COORDINATOR that the WORK is ready for shipment to the site. F. Installation Install the WORK at the Little Havana Community Center. The ARTIST shall be responsible for all crating, uncrating, -3- "SUPPORTIVE DOCUMENTS FOLLOW" transportation, installation and related activities that may be required to transport the WORK from the ARTIST'S studio or place of fabrication and to install it. The installation shall be considered complete by the CITY when the CITY accepts the WORK in place and after the ARTIST has returned all documents loaned to her. SECTION IV - CITY'S SERVICES A. The CITY will furnish the ARTIST with plans 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 under this Agreement. It is understood that such information will be on a loan basis, the ARTIST will return them to the CITY prior to the time the CITY makes final payment to the ARTIST. B. The CITY MANAGER will appoint a COORDINATOR who will act as the liaison between the CITY 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. 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 four (4) 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 November 14, 1980. SECTION VI - COMPENSATION A. The CITY agrees to pay and the ARTIST agrees to accept a LUMP SUM FEE of SIX THOUSAND FIVE HUNDRED AND N0/100 DOLLARS ($6,500.00) 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 -4- TISUPPORTI VE DOCUMENTS FOLLOW„ 89-590 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 1. Preliminary Presentation 2. Fabrication 3. Installation Accumulated Value of Lump Sum Fee $3,000.00 $6,000.00 $6', 500. 00 SECTION VI - INDEMNIFICATION A. The ARTIST shall indemnify and hold harmless forever, the CITY and all of the CITY'S officers, agents and employees from the following: 1. All charges or claims resulting from any and all accidents to persons or property relating to the ARTIST undertaking the WORK under this Agreement. 2. Any other injury or claim arising under this _ Agreement or the WORK to be performed herein, whether sounding in tort or contract, law or equity, patent rights or fees from the claizps relating to labor or materials furnished for the WORK. 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. The ARTIST shall settle all such claims. The ARTIST shall certify that she has paid or otherwise satisfied all outstanding claims before final payment will be made to the ARTIST. C. The ARTIST shall be held responsible for any violation of laws or ordinances growing out of this Agreement. SECTION VII - SUBLETTING The ARTIST shall not sublet, assign, or transfer any creative work under this Agreement without the written consent of the CITY. TISUPPORTIV E DOCUMENTS OCUMENTS FOLLOW„ SECTION VIII - AWARD OF AGREEMENT The ARTIST warrants that she has not employed or retained any company or person, other then a bona fide employee working solely for the ARTIST, to solicit or secure this Agreement, and that she 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 her knowledge and belief no Commissioner, Mayor or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement. SECTION IX - 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 f the tapestry at any time and that the CITY may not alter or duplicate the finished tapestry without the prior written consent of the ARTIST. SECTION X - NOTICES Any notices, reports, or other written communications from the ARTIST by the CITY 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 her authorized representative. "SUPPORTIVE -6- DOCUMENTS FOLLOW" SECTIO14 XI - RIGHT OF DECISIONS All services shall be performed by the ARTIST to the satisfaction of the COORDINATOR who will be responsible for administration of this Agreement and who will act on behalf of the CITY MANAGER. The CITY MANAGER shall be the sole judge of the acceptability of the ARTIST'S creation and the ARTIST shall abide by the CITY MANAGER'S comments as to compliance with the approved Preliminary Presentation. SECTION XII - 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. ATTEST: WITNESSES: By: City Manager THE CITY OF MIAMI (a municipal corporation of the State of Florida) ATTEST: 1 1 City Clerk J APPROVED AS TO CONTENT: APPR AS TO F RM & CORRECTNESS: 17 Coordinatdr City Attorty i 0 -7- 8 0 - 5 9 0