HomeMy WebLinkAboutR-79-0443RFC/rb
6/12J79
RESOLUTION NO. ` ::4'
A RESOLUTION AUTHORIZING THE, CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT BETWEEN
THE CITY AND BARBARA NEIJNA, INC. TO CREATE
A, SCULPTURE BY BARBARA NEIJNA FOR THE HEAVY
EQUIPMENT SERVICE FACILITY LOCATED AT 1390 N.W.
20 STREET, MIAMI, FLORIDA; AND AUTHORIZING THE
H V� T' CITY MANAGER. TO EXPEND $30,000 FROM EDA GRANT
SUI • l ‘V FUNDS FOR SERVICES UNDER SAID AGREEMENT.
VL
WHEREAS, the City -Commission approved the .selection
by the City Manager of Barbara Neijna, Inc.to create `a
sculpture by Barbara Neijna for the Heavy Equipment "Service;
Facility located at 1390 N.W. 20th Street, Miami, Florida,`.
and authorized the:City Manager to negotiate an Agreement for
said sculpture and to
Grant Funds for this purpose; and
expend not more than $30,000 from EDA.
WHEREAS, the City Manager negotiated the attached
Agreement;
NOW, TIIEREF0RE, BE IT RESOLVED BY THE COMMISSION OF
THE CITY OF MIAMI,- FLORIDA:
1. The City Manager is hereby
authorized to execute
the attached agreement between the City and Barbara Neijna, Inc.
to create a sculpture by Barbara Neijna`for the Heavy.Eq,uipment
Facility, located. at 1390 N.W. 20th Street, Miami, Florida.
2. The City;.Manager is hereby authorized to expend
S30,000 from EDA Grant Funds .under said Agreement' in accordance
with the schedule set forth therein.
PASSED 'AND 'ADOPTED this
RA. ';H G ONGIE, ' 'CITY' CLERK'
PREPARED AND APPROVED BY:
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
25tr 'daY.
f
June.
Maurice A. Ferre
1979.
GEO
CI
T
MA Y 0 R
"DOCUMENT INDEX
ITEM N0.
D AS TO FORM AND
E F. KNOX
ATTORNEY
CORRECTNESS
79-443
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Joseph Grassie
City Manager
5PQM Morris • Kaufmann
Assistant to City Manager
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
P6TE: June 12,,.197:9.
SUi7JEGT:
Agreement between City and Barbara
Neijna, Inc., for a=sculpture
at Heavy' Equipment. Service Facility
nerERENcES:
On May 22, 1979, by Resolution No. 79-337, the City Commissionapproved
Ms. Barbara Neijna as the artist who will create: a sculpture for the Art
in Public Places Program and which will: be located at the Heavy Equipment
Service. Facility. The Commission also authorized the City Manager to
negotiate an -Agreement_ for such services for an amount not to exceed
$30,000.00, using EDA Grant Funds.
On that basis, following guidelines of the Arts in Public Places
Committee and comments from the City Attorneys.offices, I prepared an
Agreement and completednegotiations with Ms.Neijna. TheAgreement and
the Resolution by which the =City .;Commission willapprove its terms,
authorize the City Manager to executeit and authorize the City Manager
to expend the EDA Grant Funds are attached hereto. I recommend that you
place these items on the forthcoming City CotnmissiOfl agenda for their.
June 25, 1979 meeting.`
Briefly, the Agreement hasthe following provisions. Ms..Neijna'i
to create a unique work of art for a lump sum fee of $30,000.00, which
will include the execution and placement of thesculpture in the entry
way of the HeavyEquipment Service Facility. Before proceeding, she
will make apreliminary presentationto the City Manager and they will
agree on the particulars of the work. The particulars decided upon at
that presentation will be the basis on which the City Manager will
led 1 incterm of the Agreement is nine months.
accept the comp te wore. w
The City Manager will appoint a ^ pp Coordinator who will handle administrative `.J
Q
matter
s the term of the Agreement.
Briefly, the Resolution provides for three things:
1. The City Commission approves the Agreement.
The City Commission authorizes
Agreement.
The City Commission authorizes the City Manager to expend
$30,000.00 from EDA Grant Funds to pay for services performed
under the Agreement.
Both documents will be reviewed by the Arts
at their meeting of. June 20, 1979.
MK:TVP:S/4
Enclosures:(2)
execute
the
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443
To,
FRO!4 :
Morris Kaufman
Assistant to the City Manager
; h.cRIC?A
MS.tsi /RA4 1r:1t..1:i
OATr;
,u"rcT: Resolution and Agreement between
City and Barbara Neijna, ;Inc.,
for a sculpture at Heavy Equip-
r,cFecncNcEsment ServiceuF'acility
F.NcLvsUrlcst Resolution
Subject Agreement
In addition to the memorandum of June 12, 1979 addresSed to Mr.
Grassie, your attention is directed topage 5 of the Agreement
attached herewith.
Please note that Section V contains authorizing . -parenthetical
language allowing the City to set the completion date.
Theperiodic payment of money,:under the Agreement in" Section-Vl
has been. conditioned upon ,prior reporting to the .city Commission,,
in accordance with'Code Section 16-5.4.
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Enc.
i11111INI IUIU
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 referred
to as the "CITY", and BARBARA NEIJNA, INC-, a Florida Corporation,
hereinafter referred to as the "ARTIST".
WITNESSETH:
WHEREAS, the CITY has allocated $30,000.00 from EDA Grant
Funds for Art in Public Places, in conformance with Dade County
Ordinance No. 73-77 and City Code 6 5.4, and
WHEREAS, the CITY desires to commission an ARTIST to provide
certain works of art prescribed herein in connection with the Heavy
Equipment Service Facility, 1390 NW 20 Street, Miami, Flori.cla; 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
qualificat.i.ons to the CITY in support of her expressed desires; and
WHEREAS as a result of the aforementioned mutual tinderstandinas,
the CITY desires to enter this Agreement with the ARTIST; and
WHEREAS, the City Manager has been authorized by the City
Comini.ssion to commission the ARTIST to perform certain services and
the ARTIST has agreed to perform such services upon the terms and
conditioris hereinafter set forth; an
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 and the CITY are fully aware of the time
requirements for this undertaking and the ARTIST will therefore proceed
"SUPPORT1'!fi
DOCUtbIEN':i
FOLLOW"
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79-443
904 Anastasia
with all
▪ The ARTIST
diligence to carryout the
shall perform all required artistic services
as hereinafter set forth and in
of the CITY
as payment
WORK and to meet such requirements.
general accordance with the
instruction
The CITY agrees to pay and the ARTIST. agrees to accept
In full for all artistic services rendered, "as outlined
in SECTION I I I
SERVICES hereof,
AND I1O/, DOLLARS ($30
000. 00) .
the LUMP SUM FEE of ,THIRTY THOUSAND
SECTION II DEFINITIONS
A. CITY is hereby defined as the City o
CITY.:
CITY MANAGER is
Miami
Florida.
hereby defined as the City Manager'of the
▪ COORDINATOR - is hereby definec
Agreement,.
as the Coordinator for this
• ARTIST is hereby"defined -as Barbara Neijna, Inc.,
Avenue, Coral Gables, Florida" 33134, (305) 4450097.
• WORK -.is:"hereby defined'; as an original artistic creation
and executed by the ARTIST exclusively for the CITY under
designed
be
commission by this
Agreemen
•
F. LUMP SUM FEE - is hereby defineci as the amount of money that
to pay and the ARTIST agrees to" accept as payment in
for all artistic services rendered, pursuant tothis Agreement,:t
WORK as further described in SECTION III - SERVICES,
agrees
the CITY
full
complete
SECTION
III' SERVICES
0
hereof.
The ARTIST shall perform the following services in connection
the WORK.
CITY.
built
. Work of Art - Create a unique scuptural work
f art for
The sculpture shall be made of 20 gauge 316 stainless
to a minimum of twelve (12) feet in height and eight (8) fee
diameter,
attached to a stainless
steel structural frame and
with
the
in
shall be
designed to withstand hurricane forces. The sculpture shall be
mounted and
steel plate,
installed.
n the entry way of the Heavy Equipment Services Facility
at a place selected by the
B. General
ARTIST.
1. Meet with representatives of the CITY about the progress
of the WORK:.
2. Prepare models,' drawings, cartoons, mock-ups or other
ys for preliminary presentatonto the
CITY.
displays
Fabricate and execute the WORK into its "final .form after
approval by the CITY of the preliminary presentation.
WORK
in con
the WORK.
4 Supervise and be responsible for the shipment of:
5. Supervise and be responsible for the installationofthe
t the Ileavy Equipment Service Facility.
6. Provide and pay for all material,
nection with this Agreement
C. Preliminary Presentation
After execution of this Agreement and
abor and related
services
after receiving a Notice
to Proceed from the CITY MANAGER, make a Preliminary
design
concept `to the CITY MANAGER.
as models,
to
its
Presentation shall be considered complete` by the`(C'ITY�whenn t'e,CITY
SE
MANAGER approves the ARTIST'S concept. " P� O''���
Presentation of her
The ARTIST may use such
displays,
drawings, mock-ups or other items, as she deems necessary,
illustrate to the CITY MANAGER her design concept and its
size, materials and other relevant
setting,
D.
characteristics. The Preliminary
Mobilization
Upon approval of the Preliminary
studio for the
shall arrange
undertaking of the
for the
purchase of
WORK
DOCUMENTS
Presentat oQ,L Ame' her
under this Agreement. The ARTIST
materials
the WORK
required to fabricate and complete
the time requirements of
considered by the CITY 'to
complete by the CITY when
and for all services
in a manner that will meet
this Agreement. This aspect of the WORK is
be. Mobilization, and shall be considered:
the ARTIST notifies the COORDINATOR that
ments and cominittments,for her studio
has completed all arrange
with the execution of the WORK.
she
to proceed
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b°79-443
E. Pa Fabricate the 11°RK' liri,clud,111.:, ::::::i:: :::e:::r11'. engineering
and erection drawings. ::::n:n::1 e°nfig,uraKtc::tricheelp:A,RT
shall construct the sculpture
accorda
of the work t° the site iotfst::d s .Ec :P:PrmentIS:rLvice Facility.(3rtatispn
secure 1 required permits . its final, shall
from defects.
.
nce with the approved
hail arrange
ts.
all Heavy -,u , free
All material used in the FabrIcatiinn shall be new andt.(75%) ,
When the work is aPPr°ximatelY seventy-five Pe
MANAGER for his review an
complete, the ARTIST. ehal: :::::::11:h°t°graPhs of
th,:::,:c111::tY : the
CITY
Fabrication shall be considered comPlete. by t when the
ARTIST notifiesCOORDINATOR that the WORK is ready for shipment
to the site.
F. Installation
Install the WORK at the site of the Heavy Equipment Service
Facility. The ARTIST shall be responsible for all crating,
uncrating'
transportation, intallation and related activities that may be
required to
transport
the W°RKfr°m the ARTIST'S studio or place
of
fabrication and to install it at the site of the Heavy EquiPmsht Service
Facility.
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
his A9dinformation
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.
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The CITY MANAGER will appoint Gi COORDINATOR who will act
as the;;liason between the CITY and the ARTIST. The. ARTIST will
contact the. COO1DINATOR on all matters pertaining to
and, in general, follow the COORDINATORS instructions and directions
in
SECTION
regard to the execution of this Agreement.
V - TIME, FOR COMPLETION
this Agreement
conditions "`pertaining
to the execution of the WORK and determined that a` reasonable
time for its completion will be nine (9) months after the City Manager
has authorized the ARTIST to proceed with the IVORK. The ARTIST agrees
The ARTIST and the. CITY have examined the
have
to complete the WORK, therefore, on or before
(Upon execution hereof, CITY cad set date.)
SECTIONV I ; COMPENSATION 1 /
The CITY agrees to pay, and the
LUMP SUM FEE
in full for
of =THIRTY THOUSAND
ARTIST agrees
AND NO/DOLLARS';($30
services rendered, pursuant
the terms and conditions of this Agreenient.
the % WORI<
o - accept
000.00) as payment
inaccordance with
to the
certain
B. This payment will be made periodically in proportion
that compensation at the completion of
portions of the WORK` shall equal the amounts of 'the LUMP SUM FEE, as
services performed so
shown i
the._foliowing schedule of payments:
Item of ;Work
1. Preliminary Presentation
2. Mobilization
3. Fabrication (75% Completion)
4. Installation
Payment:
$15,000.00
$10,.000.00
S 5.000.00
SECTION IX - INDEMNIFICATION'
A. The ARTIST shall ..indemnifyand hold
CITY and all of; theCITY'S officers agents and
•
Accumulated
!slue of Lump Sum Fee
w
$15,000.00 Q c9C
$25,000.00 r
o
$30, 000.00 r
Z
v rr J
harmless forever, ttQ M
employees from the
following:: .
1. All charges or claims resulting from any and all
accidents.
to persons, or property relating to.the ARTIST unclertaking the WORK
under this Agreement.
2. Any other injury or claim arising under
the WORK to be performed herein
whether
sound.inc�
this Agreement or
in
tort or contract.,
1/ A report must be submitted to the C1tv Comimission for discussion at
a regular meeting prior to payment of each of the amounts set, forth.
in Items 2, 3, and 4 of this section.
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79
443
d
law or equity,
labor or
patent rights or fees from the claims relating
materials furnished for the WORK.
The` ARTIST shall become defendant in every suit brought
for any of'
the above
and employees. The A
shall certify
claims before
against the CITY, or the.CITY'S officials,' agents
RTIST shall settle all such claims. The ARTIST
that she has paid or otherwise satisfied all
final payment will be made to the ARTIST.
outstanding
C. The ARTIST shall be held responsible for any violation of
laws or ordinances growing out of this Agreement.
SECTION X - INSURANCE
The ARTIST shall provide insurance as required.
commencing work under this Agreement.
The ARTIST"shall
to
the following insurance:
n
maintai. during. the terms. of this Agreement
Public Liability
Insurance in amounts not less than
$100,000 per person and $300,000 per accident. for bodily injury and
$50,000`;per accident for property damage.
Employers Liability; Insurance in amounts as indicated i
Paragraph "A".
above.
Workman
hereunder prior
statuatory amounts..
The coverage required shall include those classifications as
listed in standard liability insurance manuals, which most nearly
insurance
Compensation
Insurance
reflect the operations of the ARTIST.
to do
in
the -
All insurance policies shall be issued by companies authorized
business under the laws. of •the State of Florida; and which are.
approved according to specifications of the Property Manager of
The PRINCIPAL shall furnish certificate of insurance to
prior to thecommencement of
that the ARTIST has
indicate
amount
and classification as
the City.
the CITY
operations, which certificates .shall clearly
obtained
insurance in the type,
required for strict compliance with this
Section.:; and that; no material changeor cancellation of the
shall
the
insurance
be effective without the thirty (30) days written notice to,
CITY.
Compliance with the foregoing requirements shall not
the ARTIST of her liability and obligations under this
any portion
SECTION XI
of ,this Agreement.`
- SUBCONTRACTORS
Any Subcontractor performing construction work as part
installation portion of
of Competencyissued
relieve
Section or under
the
this AGREEMENT shall hold a;valid Certificate
by the Construction Trades Qualifying Board, in
accordance .with Chapter 10 of; the Code of,Metropolitan Dade County,
qualifying said person, firm, corporation or joint -venture
the work proposed.
provis
to perform
The ARTIST shall require such Subcontractor to comply with the
ions of SECTION IX INDEMNIFICATION and SECTION X - INSURANCE,
hereof,
and'; tc
provide a performance bond for his work.
Nothing contained in this
relationship between the Subcontractors
It is
understood that the ARTIST' is in
Agreement shall create any
contractual
working for the ARTIST and the CITY.
no '.way
relieved of any responsibility
under the terms of this Agreement by. virtue o44
f.
services for the ARTIST. .
DOCK.
- ` SUBLETTING
OLLO
The ARTIST. shall not" sublet, assign, 6r transfer
under. this; Agreement=without the written consent of the CITY.
perform
SECTION XII
work
SECTION .°VII
- TERMINATION OF AGREEMENT
$.46ec itrfactor who may
the event that ARTIST presents an item that is
lete,, in the ARTIST'S opinion, to the CITY MANAGER for his
any creative
(75%) comp.
review and approval
major deviation from
approved by the
the CITY will h
modifies
MANAGER.
have
or otherwise reworks it until it
If the ARTIST,
to the satisfaction
and the.
CITY MANAGER determines
seventy-five
that such. item
is a
the approved ARTIST'S concept, as displayed and
Presentation,
CITY MANAGER at the time of the Preliminary
the right to refuse the item unless the ARTIST
s acceptable to
the CITY
fails to modify or otherwise to rework
of the CITY MANAGER , the CITY may terminate this
the item
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10'79 - 4 4.4
Agreement
the
CITY
upon written notification
the`ART•IST without penalty to
CITY.
In the event of termination. of this Agreement by the
will be obligated to pay the ARTIST only for that portion
that has been completed, as specified. under SECTION III
WORK
hereof,
prior to the time of termination.
SECTION`VIII
AWARD OF ;-'AGREEMENT
CITY, the
of the
SERVICES,
The ARTIST warrants that she has not employed or retained any
company or person, other than a bona fide employee working solely for
the ARTIST, to solicit or secure t.his Agreement, and that she has not
agreed to pay any company or person, other than a bona fide
working solely for the ARTIST any fee, commission, percentage
gifts or any other considerations," contingent upon" or' resulting
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 her her knowledge and
paid or
employee
fee, gi
from the
belief no Commissioner, Mayor or other
is interesteddirectly or indirectly.
officer or employee of
the CITY
in the profits or emoluments of
this Agreement.
SECTION XIII OWNERSHIP OF DESIGN"
All designs, other than the prelirninary model, and other data
by the ARTISTfor the purpose of this Agreement, shall become
the property of the CITY without restriction or limitation upon their
be made available by: the ARTIST at
developed
use and shall
CITY.
of the
any time :upon request
The. ARTIST shall turn over to the COORDINATOR all suc
prior to final payment.
It is agreed that
the ARTIST..
items
the preliminary model is`the sole property of
It is further agreed that the ARTIST may not duplicate the'
sculpture
reproduce
ARTIST.:
at any time and that the CITY may not alter, duplicate or
the finished sculpture without the prior written consent o
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SECTION XIV - NOTICES
Any notices, reports, or otherwritten 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
SECTION,XV
or her authorized representative.,
RIGIiT OF DECISIONS
A11 services shall be performed by the ARTIST to the
of the COORDINATOR who will be responsible for administration of "this
Agreement and whowill acton 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
ed Preliminary Presentation.
satisfaction
to compliance with the approv
SECTION XVI W? RRANTY
The ARTIST shall be responsible for the WORK as described herein
o the. finished
for a period of one year after installation and acceptance
The ARTIST shall advise the CITY as to the proper
and care of the finished WORK.
sculpture.
maintenance
SECTION XVII - ENTIRETY OF AGREEMENT
This writing; embodies the entire
f
Agreement and understanding
between the parties hereto, and there areno other agreertieflts arid
or written, with reference to the subject matter
understandings, oral
hereof
Agreem
that are not` merged herein and superseded hereby.
No alteration, change, or modificatiOfl of the terms of this
ent 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.
parties
IN WITNESS WHEREOF the
the day and year first above set
ST:
S:
•
PROVED AS 'O CONTENT:
Coordinator
hereto have
forth.
executed
this:. Agreement,
City Manager
THE CITY OF MIAMI . (a muncipal
corporation of the State of
ATTEST: Florida)
1
1
1
1
City Clerk
PROVED AS TO FORA '& CORRECTNESS
City Attorney
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79-443