HomeMy WebLinkAboutR-79-0550RFC/rr
7/17/79
RESOLUTION NO. 7 9 5 5.0
A RESOLUTION APPROVING THE CITY MANAGER'S
ATTACHED REPORT WHEREIN HE PROPOSES THE SELEC
TION OF ALBERT BACKUS AND JILL CANADY TO BE
COMMISSIONED AS THE CITY'S ARTISTS FOR THE
EXECUTION OF THREE PAINTINGS EACH, TO BE
PART OF .:THE. CITY' S ART IN;. PUBLIC PLACES PROGRAM,
IN CONNECTION WITHTHECONSTRUCTION OFTHE PRO-
POSED NEW FIRE STATIONS NOS. 4, 9 AND 14;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO SEPARATE AGREEMENTS WITH ALBERT BACKUS
AND JILL CANADY FOR AN AMOUNT NOT TO EXCEED.
$7,500 AND $9,000, RESPECTIVELY, IN SUBSTANTIAL
ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET
FORTH IN THE ATTACHED AGREEMENT FORM; AND
AUTHORIZING THE CITY MANAGER TO USE THE FIRE
"SUPPORTIVE v��`,E FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES
DOCUMENTS BOND FUNDS FOR SAID PURPOSE.
DOC �_
FOLLOW"
WHEREAS,
the total appropriation
ings
art
14 a
be
set aside
for those
WHEREAS,
re among ; t
applies; '' and
WHEREAS,
having been as
the "Arts
reported,
selection
CITY
there is,
legal requirement that 1-1/2 percent o
for the construction o
for the purpose of acquiring
governmental build -
suitable
works
f
buildings; and
the City's new proposed Fire Stations Nos ."r4, 9;and
e buildings to which the above requirement
properly
the City Manager_, as requiredby Ordinance,: an
sisted by the City' s Advisory Committee, known as
in ;Public Place 'Committee," has rendered the' attached
dated July 1979,'to this Commission, prior'' to his
NOW,
and commissioning of artists;
THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
OF MIAMI, FLORIDA:
Section 1., The City Manager attached
approved .
Section 2. The City Manager is hereby
and enter
amount
amount
sioning of three oil paintings and each agreement to be submitted by
report is DOCUMEN
ITEM NO.
authorized to
IN
I,
negotiate
into separate agreements with MR. ALBERT BACKUS for an
of approximately $7,500 and with MS:. JILL CANADY for';a
f approximately $9,000, each agreement
t
be for the commis -
CITE COMMISSION
MEETING OF
JUL2 319/9
79-55
mom�,.....................
45.
the City Manager to this Commission for ratificatioit in the
first scheduled meeting of the Commission in September, 1979.,'
Section 3. The City Manager is hereby authorized to expend
an amount not to exceed $16,500 for the acqtiisitiott of the. art
works as described inSection
Fire prevention and Rescue Facilities Bond Funds for such
PASSED AND ADOPTED this 23rd day of July
RALPH
CITY
. 0'' IE.
ERK
PREPARED AND APPROVED BY:
"retd- &04,/C
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPR
GEOR
CITY A
. KNOX,,'JR.
ORNEY
purpose.
1979.
v79-550
AGREEMENT
THIS AGREEMENT made and entered into this day of
19 , by and between the CITY OF MIAMI,'
a Municipal Corporation' of the State of Florida, hereinafter
sometimes,��referred 'to as the "CITY", and
hereinafter sometimes referred to as 'ARTIST".
W I° T H E S. S. E T 'H.
WHEREAS, the CITY `_has allocated $ from
(source of funding)
in conformance with DAde County; Ordinance No 73-77 and City
Code '.16-5, 4; andW
WHEREAS,Y the CITY desires ::to commission`, the ARTIST to
provide certain works of art prescribed herein in. connection
with the'` following CITY buildings
WHEREAS,
(name of CITY buildings)
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
standings, the CITY desires"to enter into this" Agreement.' with the
ARTIST: and�
under-
WHEREAS, the' City Manager has` been authorized by the City
to commission the ARTIST to`perform certain services
Comm
Commission
and
and
the ARTIST has agreed to perform such services upon the terms
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:
079-550
AGREEMENT
THIS AGREEMENT made and entered into this day"of
19 by and between the CITY OF MIAMI,
a Municipal
Corporation of the
State of Florida,
hereinaf ter
sometimes"referred -to as the CITY", and
hereinafter sometimes
referred
ITNESSET ,"H :
o as -"ARTIST"'
WHEREAS, the CITY has allocated $ from
(source of funding)
n conformance with DAde County. Ordinance No`. 73-77 and City
Code 16-5,4; and
WHEREAS, the CITY desires to commission the ARTIST"t"i
provide certain works of art prescribed herein in connection'
with the
following' CITY buildings.:
name of CITY buildings
WHEREAS, the ARTIST, having examined the scope of the.
services
required hereunder, and having
desire and willingness to provide
presented her/his
her/his
such
expressed
services,
qualifications the the CITY in
expressed desires; and
WHEREAS, as a result of
standings,
ARTIST:
and
her/his
and and having
support of
the aforementioned mutual
the CITY desires to enter into
WHEREAS, the City Manager
this
under -
Agreement with the
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;
NOW, THEREFORE, in consideration of the premises and the
mutual covenants, hercin contained, the CITY agrees to commission'.
ARTIST and the ARTIST agrees to perform all required services
the
in connection with the WORK as described herein,upon the, follow-
ing terms and conditions; namely:
0 7 9- 5 5 0
SECTION : -I -,GENERAL`
The 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 the WORK and to meet
requirements.
B. The ARTIST shall perform all required artistic
as hereinaf ter set forth and in general accordance with
tions of- the ..CITY .
C. The CITY. agrees
such
services
the instruc-
to. pay and the ARTIST agrees to accept as
payment in full f;or all artistic services
SECTION
SECTION III - SERVICES hereof the LUMP SUME FEE OF $
rendered, as outlined in
SECTION II.- DEFINITIONS
• CITY is hereby defined as the City ofMiami,`florida:
▪ CITY MANAGER is hereby defined as the City Manager,of
the CITY.
▪ COORDINATOR pis hereby defined the Coordinator
Agreement.;
for' this
D. "'ARTIST is hereby defined as
E. WORK _ is" hereby", defined as an original artistic
to be designed and executed by the ARTIST exclusively -for.
under commission by tide Agreement
F. LUMP SUM FEE is hereby defined as the amount o
creation
the CITY
money that
the CITY agrees to pay and the ARTIST agrees to accept aspayment
in full for all artistic services rendered pursuant to this Agree -
men , to complete -the WORK as further described in SECTION III
SERVICES, hereof.
SECTION III. -'SERVICES
The ARTIST shall perform the following>services
with ,the `WORK.
n connection
SUPPORT!'`E
DOCUMENT'S
FOLLOW"
r`79-550
CITY.
Work of ,Art - Create a unique work of art for the
(describe theme of work of art and indicate
if painting, sculpture, engraving, carving,
fresco, mobile,' mural, collage, mosaic, "etc.)
Said WORK of Art to be installed in the following manner:,
B. General
1. Meet with representatives of the CITY about the
progress of the WORK.
2. Prepare models, drawings, cartoons, mock-ups or
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.
other
5. Supervise and be responsible for the installation-o;
the WORK af the aforementioned site.
6. Provide and pay for all m-.aterial, laborand related
services in connection with this Agreement.:
C. 'Preliminary Presentation
After execution of this Agreement and after receiving
. . nary.
a `Notice to- Proceed from the CITY—MANAGER,make a Pre m
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
materials and other relevant
its setting,
its
size,
characteristics._. The Preliminary
SUPPORTr r {
i
V LLU, V
Ir179-550
Presentation shall be considered complete by the CITY when the
CITY MANAGER approves the ARTIST'S concept.
D. Mobilization (This section may vary due to nature
of medium, i.e., oil, marble, wood,etc.)
Upon approval of the Preliminary Presentation, prepare
her/his studio for the undertaking of the 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 titre requirements of this Agreement.
This aspect of the WORK is considered by the CITY to be Mobiliza-
tion, and shall be considered complete by the CITY, when the ARTIST
notified the COORDINATOR that she/he has completed all arrange-
ments and commitments for her/his studio to proceed with the
execution of the WORK.
E. Fabrication
Fabricate the WORK, including preparing necessary engineer-
ing and erection drawings. During this aspect of the 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
When the work is approximately 75% complete, the ARTIST
shall present photographs of the WORK to the CITY MANAGER for
his review and approval.
Fabrication shall be considered complete by the CITY
when the ARTIST notifies the COORDINATOR that"
uthe WORKois ready
for shipment to the site.
F. Installation - , DOCUMEN'i S- •
Install the WORK at the chosen site. F‘rhe-kAIIIODST .
shall be be responsible for, all creating, uncreating, transporta-
tion, 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 at the chosen site.
Theinstallation shall be considered complete by the
CITY when the CITY accepts the WORK in.place and after
hasreturned all documentsloaned to her/him..
SECTION IV -' CITY ':S SERVICES
The CITY will furnish
the ARTIST
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
under this Agreement. It is
performed
understood that such information, will
be on a loan basis, the ARTIST will return them
the CITY prior
the time the CITY makes final payment to the ARTIST.
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
and, in general, follow the COORDINATOR'S instructions and
tions in regard to the execution of. this. Agreement.
SECTION :V - TIME FOR COMPLETION;
ing
able
this Agreement
direc-
The ARTIST and, the CITY have examined the conditions pertain -
to the execution of the WORK and have determined that
MANAG
reason -
time for' itscompletion will be months after the CITY
ER has authorized the ARTIST to proceed with the WORK. The
ARTIST agrees to. complete
19
SECTION
the WORK on or before
(Upon execution of this Agreement, CITY can set date.
1/
VI -`COMPENSATION
The CITY agrees
a LUMP SUM FEE
rendered,
conditions
p
y and the ARTIST agrees
accept
as payment in full for services
pursuant to- the WORK in accordance with the terms and'
of this Agreement.
1/ A report must be submitted to the City.;Commission fordiscussion
at a regular meeting priorto payment of each of the amounts
set forth in Items 2, 3, and 4 of this section.
-5-
'SUPPORTIVE
O
p U
r-. EN tS
179-55p.
B. This payment will be made periodically in proportion t
the services performed so that compensation at the completion
certain portions of -the WORK'sha:ll equal the amounts
SUM FEE,as shown in the following schedule ofpayments:
:ACCUMULATED VALUE.
PAYMENT -OF.- LUMP" SUMFEE.
ITEM OF WORK
of the LUMP
1. Preliminary Presentation 6/12ths;. ,6/12ths
2, Mobilization
1. Preliminary Presentation --
2., Mobilization 6/12ths 6/12ths
3. Fabrication
(75% Completion) 4/12ths 10/12ths
4 . Installation. 2/12ths 12/12ths.
SECTIONIX INDEMNIFICATION. (This section may be waived by CITY
MANAGER if the work .of_- art .is.not' a,.
sculpture.)
A The ARTIST shall` indemnify and hold harmless_ forever..,
CITY and all of the CITYS Officers, agents and employees': from' the
followings
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.
. Any Any other injury or claim arising under this Agree
.
ment or the WORK to be performed- herein, whether sounding in tort
or
contract,, law or: equity, patent rights or fees from the claims
relating
for any
to labor or materials furnished for the' work.
The ARTIST. shall become defendant in every suit brought.
f the above'against:the CITY, or the CITY'S officials,
agents and. employees.
The ARTIST
The ARTIST 'shall. set tle all .such claims.
shall certify.that she/he-haspaid or otherwise satis
fied,all outstanding
the ARTIST`.;
claims before final payment will be made to
UPPO"RTIVE
c U M ENTS
F'LI_OW7
55;0
T
:of.laws or
e ARTIST. shall be:held responsible for any:.violation
ordinances growing
SECTION X INSURANCE'
out
of this. Agreement:'
(If deemed applicableby CITY MANAGER. -
Thee ARTIST. shall provide insurance, as required hereunder,
prior to commencing work. under this Agreement,.
The ARTIST shall maintain during the term
-the" fol"lowing "insurance':""
this.Agreement
A. Public; Liability:Insurance':in amounts not less" -than
100,000 perperson and $300,000,per accident for bodily. injury
and $50,000 per accident for property damage
Employers Liability Insurance in amounts as indicated in
Paragraph A of this section..
C.. Workmen's Compensation Insurance in the statutory amounts.
The insurance coverage required shallinclude those classifications
as listed in standard liability insurance manuals, which most nearly.
reflect the operationsof the ARTIST.
All insurance policies shall be issued by companies authorized
to do business underthe laws.. of the State of Florida; and which
are approved according to specifications of the Property Manager
of the CITY.
The ARTIST shallfurnish certificates of:insurance, to'the
CITY prior to the commencement of operations, which certificates
shall clearly indicate that the ARTIST has obtained insurance
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 30-days written
notice to the CITY.
Compliance withthe foregoing requirements shall not relieve
the ARTIST of'.her:/his
or under
liability and obligations under this Section,
any portion of this Agreement.
"SUPPORTIVE
DOCUMENTS
FOLLOW"
9550
SECTION XI SUBCONTRACTORS
. r
' Any Subcontractor performing
ruction work as Part of the
shall hold a valid Certi
installationportion of this Agreement
ficate of Competency issued by the Construction Trades'
Board, in accordance with Chapter 10 of the Code of Metropolitan
Dade County, qualifying said person,, firm, corporation -"or: -joint -
venture to perform
the work proposed.
Qualifying
The -ARTIST shall require such Subcontractor to comply with the
provisi_oris of'SECTION IX INDEMNIFICATION and SECTION X -"INSURANCE,
he.reof.,and to provide a performancebond 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 termsof this Agree
went by virtue of any Subcontractor who may perform services for,,:
the ARTIST.
SECTON X SUBLETTING
The ARTIST shall not sublet, assign, or transfer" any creative,
work under this Agreement without the written consent of Ole CITY.',
SECTION VLI -TERMINATION OF AGREEMENT
In the" event that'ARTIST presents an item that is 75% complet,e,
in the ARTIST'S opinion, ,to the CITY MANAGER for his review and
approval and the CITY MANAGER determines that such item is a major
deviation from the approved ARTIST'S concept, as displayed and
approved by the CITY MANAGER at the time of the Preliminary Presen-
tation, the CITY will have the right to refuse the item unless the
ARTIST, modifies or otherwise reworks to.
the CITY MANAGER. If the ARTIST 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
it until it is acceptable
"SUPPORTIVE
DOCUMENTS
FOLLOW"
"79-550
the event of termination of :thisAgreement by the CITY,
that portion.
SECTION III -
the CITY will be obligated to pay the ARTIST only for
of.the WORK that has been completed, as specified under
SERVICES
hereo
prior
the time of `termination.
SECTION VIII - AWARD OF AGREEMENT
The ARTIST warrants that she/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'.she/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 consider-
ations, contingent upon. or resulting from the award "or making
this Agreement:
For breach or violation of this; warranty,, the
of
Agreement without;. liability.
CITY" shall have the. right to'annul.this'
The ARTIST. also warrants that to the best of her/his
and belief no; Commmissioner, Mayor, or other officer or
of the CITY is interested directly or indirectly in the
or emoluments of this Agreement.
SECTION XIII OWNERSHIP OF DESIGN'
knowledge
employee
prof its
All designs, other than ;the :preliminary .model, ,and `other -
developed by' the ARTIST for the purpose' of this Agreement,
become` the property of the CITY without restriction. or
upon their use and shall be made available
upon request'of the CITY.
The ARTIST shall turn over to` the COORDINATOR all
to final payment.
prior
It is further.' agreed that the, ARTIST may
WORK at
any
time` and that the CITY may; not
finished WORK without the
reproduce the
of ARTIST..
data
shall
limitation
�y the ARTIST at any
time
such_ items;
not duplicate the
alter,
duplicate. or
prior written consent
SUPPORTIVE
DOCUMENTS
FOLLOW"
79-550
•
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 ARTIST or authorized representative.
SECTION XV - RIGHT OF DECISIONS
All
services
shall
performed by the ARTIST'to°t
e .satis-..
faction of the COORDINATOR who will be responsible for adminis-
tration of this Agreement and who will act on behalf o`f the
MANAGER. The CITY MANAGER shall be the sole Judge of the accept-
ability of, the ARTIST'S creation and theARTIST shall abide by
the CITY MANAGER'S comments as to compliance with the
Preliminary Presentation.
SECTION
XVI - WARRANTY
CITY
approved
The ARTIST shall be responsible for the WORK as described`.
for a period of one year after installation and acceptance
of the finished work of art The ARTIST shall advise`: the 'CITY
herein
as
the proper maintenance
SECTION
and care of the finished WORK.
XVII ENTIRETY OF AGREEMENT
ing
This
writing embodies 'the entire. Agreement and understand.
between the parties hereto,
went'
the
and there are no other agree
-
and and understandings, oral or written, with reference t
subject matter hereof that are not merged herein and
superseded hereby.
this
No alteration, change or modification of the terms o
Agreement shall be valid unless made in writing and
signed by both parties hereto.
-10-
"SUPPORTLVF
L 1 1� eF
1 �... 2 'd
TS
FOLLOW'
•
79-550
This Agreement shall, be governed "by and construed according
the laws
Agreement,.
ATTEST:
f the State of
CITY' CLERK
WITNESSES:,
APPROVED
AS TO =CONTENT:
COORDINATOR
APPROVED
Florida.
AS TO FORM AND CORRECTNESS
GEORGE F. KNOX, JR.,
CITY'AT,TORNEY
CITY MANAGER
ARTIST
3-3
rtif
79-550