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HomeMy WebLinkAboutR-80-0532too, r- RESOLUTION NO. 8 0- 5 3 2 A RESOLUTION APPROVING THE CITY MANAGER'S ATTACHED REPORT DATED MAY 23, 1980, WHEREIN HE PROPOSES TO SELECT ARLYN ENDE TO BE COM- MISSIONED AS THE CITY'S ARTIST TO CREATE A TAPESTRY FOR THE. CITY'S LITTLE HAVANA COM- MUNITY CENTER FACILITY AT 970 SW FIRST STREET; SAID COMMISSION TO BE REFLECTED IN SUBSTANTIAL ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH IN THE ATTACHED AGREEMENT FORM; WITH A FEE FOR SAID COMMIS - SIGN NOT TO EXCEED $6, 500; AND AUTHORIZING "SUPPORTIVE AN AMOUNT NOT TO EXCEED $8,200 FOR OTHER (,(��j` ART, },C ISAIDRPFROMINGS DOCU���i,.N vi ANDKPHOTOGRAPHSOF FOR FACILITY FOLLOW of PROJECT CONSTRUCTION FUNDS. 6., WHEREAS, there is a legal requirement that 1�% of the total appropriation for construction of government build- ings be allocated for the purpose of acquiring suitable works of art for those buildings; and WHEREAS, the City's Little Havana Community Center Facility is one of the buildings to which the above require- ment properly applies and for the City's compliance therewith, an allocation of $14,700 has been made; and WHEREAS, the City Manager, as required by ordinance, and having been assisted by the City's advisory committee, known as the "Arts in Public Places Committee", has ren- dered the attached report to the Commission, dated May 23, 1980, prior to his selection and commissioning of an artist; NOW, THEREFORE, BE IT RESOLVED BY T1OdWAPORE CITY OF MIAMI , FLORIDA: ITEM NO to Section 1. The City Manager's attached report, dated May 23, 1980, is hereby approved and he is hereby authorized to enter into an agreement with ARLYN ENDE as the City's Artist to create a tapestry for the Little Havana Community Center Facility at 970 SW First Street; said commission to be reflected in substantial accordance with the terms and conditions as set forth in the attached agreement form; with the fee for said commission not to exceed $6,500, using Community Development Project construction fu said fee. CITY COMMISSION MEETING OF 101980 mmma Section 2. The City Manager is hereby authorized to expend an amount not to exceed $8,200, using Community Develop- ment Project Construction funds to pay for additional works of art, such as drawings, paintings and photographs, to be placed in the Little Havana Community Center Facility. PASSED AND ADOPTED this 10 1980. ATTEST: / GL� � Cam/ • L/ �` � RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPAWWD AS TO GEOiF F. KNOX, JR. CITYWATTORNEY day of July , Maurice a. Ferre M A Y O R D CORRECTNESS: -2- NSUPPORTIVE UMENTS FOLLOW" 80-532 W CITY OF-AIAPAI, INTER•OFF1C1: k1E?Af-,1A-N0U'A YO. Joseph R. Grassie 'ATF City Manager Morris I. K Assistant t ufmann the City Manager June 30, 1980 � ' Art in Public Places Committee Report on Little Havana Community Center "ENG[s. . :"..+L4 LU. l It is recommended that the proposed resolution be placed on the City Commission Meeting agenda scheduled for July 10, 1980. This item was deferred by the Commission at the June 6, 1980, meeting. The proposed resolution provides for the City Commission approving the City Manager's report on the selection and commissioning Arlyn Ende as the City's artist to create a tapestry for the Little Havana Community Center Facility for a fee not to exceed $6,500 and to expend an amount not to exceed $8,200 for other works of art for the Facility, using Community Development proiect construction funds. The Art in Public Places Committee has prepared the attached report for the City Manager to present to the City Commission for discussion in the scheduled meetinc of the *v Commission on July 10, 1980. The report describes the procedures ui.dertaken by the Committee in recommending to the Cit; a..aler the most qualified artist for a commission with the City to create a tapestry for the Little Havana Community Center Facility. In the process, a subcommittee examined the works of over 35 artists on file with the Dade County Art in Public Places Art Coordin tor. From this group the full Committee evaluated nine artists' works and --elected four for further consideration. The Committee then issued a request for proposal to each of the four artists and selected Ms. Arlyn Ende for a commission whose fee would not exceed $6,500. In addition, the Committee determined that a variety of other works, drawings,paintings and photography, representing the life of the neighborhood around the Facility, should be purchased out of remaining allocated funds, amounting to $8,200. MIK:bf Enclosure cc: Richard Fosmoen "SUPPORTIVE DOCUMENTS FOLLOW" 80-532 elk Mayor and Members of the :N*May 23, 1980 = �� City Commission Report on the Selection and Commissioning of Artist for the City of Miami's Little -pow. Joseph R. Grassie Havana Community Center City Manager In January 1974, the City Commission of Miami adopted Ordinance No. 8227 (Section 16-5.5 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% of the construction 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 "Art in Public Places Committee" and modifying the method of selecting committee members. One of the requirements of Section 16-5.5 of the City Code is that the City Manager submit a re-)ort to *he City Commission for discussion at a regular meeting of the ity Comm-ssitn on the action proposed by him in the selection --d cort:s­inning of an artist prior to any expenditure of funds for a given project's art work. Following is a report of the Art in Public Places Committee's actions in selecting an artist to pro ide a wo-k of art for the Little Havana Community Center, located at 970 SW 1 street, Miami, Florida. The total allocated amount for art work is $14,700.00. On June 20, 1979, the Committee appointed a sub -committee to examine the files of the Dade County Art in Public Places Art Coordinator and to report on weavers whose artistry might be appropriate for the Little Havana Community Center. The sub -committee examined the files of Dade County and selected slides of works of nine weavers for the full Committee's review. On September 12, 1979, the Committee evaluated the works of the nine artists and selected four artists for further consideration. The Committee prepared information for a request for proposal and sent this to each of the four artists on January 25, 1980. During the February and March 1980 meetings the Committee selected Ms. Arlyn Ende for a commission. 41SUPPORTIVE DOCUMENTS FOLLOW 8 0 - 5 3 2 i Mayor and Members of the City Commission Page 2 May 23, 1980 On March 20, 1980, the Committee recommended to the City Manager that the City enter into an agreement with Ms. Arlyn Ende, commissioning her to create an original wool tapestry, approximately 11' 6" by 13' 0" in size, for the Little Havana Community Center main lobby, for a lump sum amount of $6,500.00. In addition, the Committee recommended that the balance of allocated funds be spent on photographs, paintings and drawings that would portray and pertain to the life of the neighborhood. Such works would be placed in other portions of the lobby and reception areas in the building. Based on the foregoing, I recommend that the City Commission approve the attached resolution accepting this report and the expenditure of not more than $14,700.00 for art work, including $6,500.00 for a commission to Ms. Arlyn Ende, for the Little Havana Community Center. Enclosure "SUPPORTIVE DOCUMENTS FOLLOW" f e GRLEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between the CITY OF MIAM1, a Municipal Corporation of the State of Florida, hereinafter sometimes referred to as the "CITY", and_ hereinafter sometimes referred to as "ARTIST". W 1 T N L S t; I: T II: WIILRLAS, the CITY has allueaLL-d $ from (source of funding) — + in conformance with UAde County Ordinance No. 73-77 and City Code 16-5,4; and WHL•'REAS, the CITY desires to commission the ARTIST to provide certain works of art prescribed herein in connection 0 with the following CITY buildings (name of CITY buildings) WHEREAS, the ARTIST, having examined the scope of the services required hereunder, and having; expressed her/his desire and willingness to provide such services, and having; presented her/his qualifications to the CITY in support of her/his expressed desires; and WHEREAS, as a result of the aforementioned mutual under- standings, the CITY desires to enter into this Agreement with the ARTIST: and WHEREAS, the City Manager has been act -orized by the City Commission to commission the ARTIST to perform certain services and the ARTIST has agreed to perform such services u.on the terms and conditions hereinafter set forth; 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 follow- ing terms and conditions; namely: 80-532 SECTION I - GENERAL A. Tile ARTIST and the CITY are fully aware of the time requirements for this undertading and the ARTIST will therefore proceed with all diligence to carry out Lite WORK and to meet such requirements. B. The ARTIST dhall perform all required artistic services as hereinafter set forth and in general accordance with the instruc- Lions of the CITY. C. The CITY agrees to pay and Lite ARTIST agrees to accept as payment in full for all artistic services rendered, as outlined:in;•,• SECTION III - SERVICES hereof, the 1UI1P SUMI: FEE OF $ SECTION II - DEFINITIONS A. CITY - is hereby defined as Lite City of Miami, Florida. B. CITY MANAGER U 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 its E. WORK - is hereby defined as an original artistic creation to be designed and executed by the ARTIST exclusively for Lite 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'f.ull for all artistic services rendered pursuant to this agree- ment, 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 WORE. -2- A. Work of Art - Create a unique work of art for the CITY. (describe theme of wOrk of ,irt: AI)(I III dIr.11e If pit inttill, , sculpture, eji);raving;, c:arving,, fresco, mobile, mural, coll,ige, mosaic, etc.) Said WORK of Art to be installed in the following; manner: LLJ Cc W 4 : O aJ J B. General 1. Meet with representatives of the CITY about the �a ' Q progress of the WORK. 2. Prepare models, drawings, cartoons, mock-ups or other displays for preliminary presentation to the CITY. 3. Fabricate and execute the WORK into its final form after approval by the CITY of the preliminary presentation. 4. Supervise and be responsible for the shipment of the WORK. , 5. Supervise and be responsible for the installation of the WORK of the aforementioned site. 6. 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/his design concept to the CITY MANAGER. The ARTIST may use such displays as models, drawings, mock-ups or other items, as she/he deems necessary, to illustrate to the CITY MANAGER her/his design concept and its setting, its size, materials and other relevant characteristics. The Preliminary - 3- 80-532 f f Presentation shall be considered complete by the CITY when tite CITY MANAGER approves the ARTIST'S concept. D. Mobilization (This sect Lon tnav vary glue to nature of medium, i.e., oil, marble, wood, etc.) Upon approval of the 1reliminary Presentation, prepare her/his studio for the undertaking; ofth, WORK under this Agree- ment. The ARTIST shall arrange for the• purchase of materials and for all services required to fabricate and complete the WORK in a manner that will meet the time requirements of this Agreement. This aspect of the WORK is considered by the CITY to he Mobiliza- tion, and shall be considered complete by the.CITY when the ARTIST notified the COORDINATOR that she/hc hils completed all arrange- ments and commitments for her/his studio to proceed with tite execution of the WORK. E. Fabrication Fabricate the WORK, including; preparing; necessary e11914iuer ing and erection drawings. During t1t1s aspect of Lite WORK, the ARTIST shall construct the Work of Art into its final form in accordance with the approved Preliminary Presentation concept, shall secure all required permits and shall arrange for the trans- portation of the work to the site chosen by the CITY MANAGER. All material used in the Fabrication shall be new and free from defects. When the work is approximately 75% complete, the ARTIST shall present photographs of the WORK to the CITY MANAGER for hi's review and approval. 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 chotii,n sLte. Tile ARTIST shall be responsible for all creating;, uncreating, transporta- tion, installation and related activities that may be required to transport the WORK from the AR1'Is'r's studio or place of fabrication and to install it at the chosen site. -4- 10 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/him. SECTION IV - CITY'S SERVICES A. The CITY will furnish Lite ARTIST with plans and other documents that Lite 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 Lite CITY makes final payment to Lite ARTIST. UB. The CITY MANAGER will appoint. a COORDINATOR who will act z as the liaison between the CITY and the ARTIST. The ARTIST will Ocontact Lite COORDINATOR on all matters pertaining; to this Agree►►jent aand, in general, follow the COORDINATOR'S Instructions and direc- D CD U. Lions in regard to the execution of this: Agreement. SECTION V - TIME FOR CU11PLET10N The ARTIST and the CITY have examined the conditions pertain- ing to the execution of the WORK and have determined that a reason- able time for its completion will be months after the CITY MANAGER has authorized the ARTIST to proceed with .he WORK. The ARTIST agrees to complete the WORK on or before 19 (Upon execution of this Agreement, CITY can set date.) I/ SECTION VI - COMPENSATION— A. The CITY agrees to pay and the ARTIST agrees to accept a LUMP SUH FEE of S as payment in full for services rendered, pursuant to the WORK In accordance with the terms and conditions of this Agreement. f ------------------------------------------------------------------ l/ A report must be snhmitLed to Lite City Commission for discussion at a regular meeting; prior to payment of each of Lite amounts set forth in Items 2, 3, and 4 of this section. -5- gp-532 f B. This payment will be made periodically in proportion to the services performed so that compellsdLion at the compleLion of certain portions of the WORK shall equaL Lite amounLs of the LUMP SUM FEE, as shown in the following; schedule of payments: ITEM OF WORK 1. Preliminary Presentation 2. Mobilization 1. Preliminary Presentation 2. Mobilization 3. Fabrication (75% Completion) ACC111ULAI1.0 VALUE PAYNLNoT OF LUMP SUN FLL: 6/12tits 6/12tgts 6/12ths 6/12ths 4/1201s 10/12ths 4. Installation 2/12t1►s 12/12ths SECTIO': LX - INULMNIi:ICATION (This section may be waived by CITY MANAGER if Lite work of art is ngk''a; soul g>turc.) A. The ARTIST shall indemnify and hold harmless forever, thel ' CITY and all of the CITY'S officers, agents and employees from the following;: 1. All charges or claims resulLing 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 Agree- ment or the WORK to be performed herein, whether ounding 4- tirt or contract, law or equity, patent rights c!. fees rc.►n Lite claims relating to labor or materials furnished for the work. B. The ARTIST shall become defendant in ever} suit brought for any of the above against the CITY, or Lite CITY 'S officials, agents and employees. Tile ARTIST shall settle all such claims. Tile ARTIST shall. certify that she/he has paid or otherwise satis- fied all outstanding claims before final paymenL will he made to the ARTIST. am I C. The ARTIST shall be held responsible for any violation of laws or ordinances growing out of this Agreement. SECTION X - INSURANCE (If deemed applicable by CLTY ;TANAGER.) The ARTIST shall provide insurance, as required Hereunder, prior to commencing work under this Agreement. The ARTIST shall maintain during the term of this Agreement the following Insurance: A. Public Liability Insurance in an►our►t�i not less than $100,000 per person and $30U,000 per accident for bodily injury and $50,000 per accident for property damage. W B. Employers Liability Insurance in amounts as indicated in Paragraph A of this section. W C. Workmen's Compensation Insurance in the statutory amounts. 0 r 0 = J The insurance coverage required shall include these classifications 0. V as listed in standard liability insurance manuals, which most nearly Cnreflect the operations of the ARTIST. o All insurance policies shall be issued by companies authorized to do business under ti►e laws of the State of Florida; and which are approved according to specifications of ti►e Property Manager of the CITY. The ARTIST shall furnish certificates of insurance to the CITY prior to the commencement of operations, which certificates shall clearly indicate that the ARTIST has obtained insurance in the.type, amount and classification as required for strict compli- ance with this Section and that no material change or cancellation of the insurance shall be effective without 3U-days written notice to the CITY. Compliance with the foregoing requirements shall not relieve the ARTIST of her/his liability and obligations under this Section or under any portion of this Agreement. -7- 80-532 SECTION XI - SUBCONTRACTORS Any Subcontractor performing; construction work as part of the installation portion of this AgreemenL shall hold a valid Certi- ficate of Competency issued by the ConsLruction Trades Qualifying Board, in accordance with Chapter IO of the Code of Metropolitan Dade County, qualifying said person, firm, corporation or joint - venture to perform the work propnsvd. The ARTIST shall require such Subcontractor Lo comply with the provisions of SECTION IX - INUE1iNIFLCATION and Sf:CTION h - INSURANCE, hereof, and to provide a performance bond for her/his work. Nothing contained in this Agreement shall create any con- tractual relationship between the Subcontractors working for the ARTIST and the CITY. It is understood that the ARTIST is in no way relieved of any responsibility under the terms of this Agreer ment by virtue of. any Subcontractor who may perform services for the ARTIST. SECTION XII - SUBLETTING The ARTIST shall not sublet, assign, or transfer any creative work under this Agreement without the written consent of the CITY. SECTION VI1 - TERMINATION OF AGREF.M:NT In the event that ARTIST presents an item that is 75% complete, in the ARTIS'T'S opinion, to the CITY MANAGER for hie review and approval and the CITY MANAGER determines that such t Qm is a major deviation from the approved ARTisT'S concept, as displayed and approved by the CITY MANAGER aL the time of the Preli,inary Ptesen- tation, the CITY will have the right to refuse the item unless the ARTIST modifies or otherwise reworks it until it is acceptable to the CITY MANAGER. If the AI:'rtST fails to modify or otherwise rework the item to the satisfaction of the CITY MANAGER, the CITY may terminate this Agreement upon written notification to the ARTIST without penalty to the CITY. 1 EM 0 f In the event of termination of this; Agreement by the CITY, the CITY will be obligated to pay the ARTIST only for that portion of the WORK that has been completed, as Specified under SECTION III - SERVICES, hereof, prior to the Lima of termination. SECTION V i I I - AWARD OF AGREEMI:N"i' The ARTIST warrants that sl►e/he has not employed or retained any company or person, other than a bun;► fide emplovee working solely for the ARTIST, to soliciL or secure this; Agreement, and that she/he has not paid or agreed to pay any company or person, W Cn other than a bona fide employee working solely for the ARTIST any fee, commission, percentage fee, gifts or any other consider- ations, contingent upon or resulting from the award or making of this Agreement. For bre.4ch or violation of this warranty, the V CITY shall have the right to annul this: Agreement without liability. ��•� The ARTIST also warrants that to the bast of her/his knowledge and belief do Commmissioner, Mayor, or other officer or employee of the CITY is interested directly or indirectly in the profits or emoluments of this Agreement. SECTION X11I - OWNERSHIP OF DESIGN All designs, other than the preliminary model, and other data developed by the ARTIST for the purpose of this Agreement, shall become the property of the CITY without restriction o limitation upon their use and shall be made availablee by the ARTIST at any time upon request of ti►e CITY. Tile ARTIST shall turn over to the COORDINATOR all such iteos prior to final payment. It is further agreed that the ARTIST may not duplicate the WORT: it any time and that the CITY may not alter, duplicate or reproduce the finished WORK without the prior written consent of ARTIST. -9- t 8 0- S R 2 SECTION XIV .--NOTICES Any notices, reports, or other written communications from the ARTIST to 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 ARTIS'r or authorized representative. SECTION XV - RIGHT OF DLCISIONS All services shall be performed by the ARTIST to the satis- faction of the COORDINATOR who wilt be reshonsibis for adminis- tration of this Agreement and who will net on behalf of Lite CITY MANAGER. The CITY MANAGER shall be the sole judge of the accept- ability of Lite ARTIST'S creation and the ARTIST shall abide by the CITY MANAGER'S comments as to compliance with Lite approved Preliminary Presentation. SECTION XVI - WARRANTY' The ARTIST shall be responsible for the WORK as described'' herein for a period of one year after installation and acceptance• of the finished work of art. The ARTIST shall advise the CITY as to the proper maintenance and care of the finished WORK. SECTION XVII - EN'I'IRE'i'Y OF AGREEMENT This writing embodies the entire Agreement and understand- ing between Lite parties hereto, and Lhere are no other agree- ments and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modificaLion of Lite terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. -lu- This Agreement shall be governed by and construed according to the laws of the State of Florida. IN WITNESS WIIEREOF, Lite parties hereto have executed this Agreement, the day and year first above set forth. ATTEST: CITY OF !11A,II, a municipal r.orporat ion of Lite State of Florida Ii y -- CtTY MANAC1:R CITY CLERK B �• _ _ A R'1 t S T WITNESSES: APPROVED AS TO CONTENT: COORDINATOR APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY -11- rl 80-532