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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #11266 Date: 12/21/2021 Commission Meeting Date: 01/13/2022 Requesting Department: Department of Planning Sponsored By: District Impacted: District 4 Type: Resolution Subject: Approve - Art in Public Places — Bay of Pigs Memorial Park Purpose of Item: To authorize the city to enter, into contracts with the top shortlisted artists, to develop public art proposals for the Bay of Pigs Memorial Park, further authorizing AIPPB to finalize the review and approval process of the art in accordance with Article XVI of Chapter 62 of the City Code titled "Art in Public Places". Background of Item: On October 18, 2021, the Art in Public Places Board pursuant to Resolution No. AIPP- R-21-017 approval with conditions the top six shortlisted artists pursuant to Chapter 62, Article XVI of the City Code. Subsequently, in November of 2021, the Office of the City Attorney indicated that it is in the best interest of the Commission to ratify, approve, and confirm certain actions related to the shortlisting of artists and contracts as set forth in the Boards Resolution. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed B Department of Planning Cesar Garcia -Pons AICP Office of Management and Budget Fred Pericles Legislative Division Valentin J Alvarez Department of Resilience and Public Works Office of Management and Budget Marie Gouin City Manager's Office Fernando Casamayor City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Office of the City Attorney Barnaby L. Min Office of the City Attorney Nicole Ewan City Commission Nicole Ewan Legislative Division Valentin J Alvarez Department of Resilience and Public Works Office of the City Attorney Office of the City Attorney Office of the City Clerk Barnaby L. Min Victoria Mendez City Clerk's Office Department Head Review Budget Analyst Review Legislative Division Review Joseph Murray Budget Review Assistant City Manager Review Assistant City Manager Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Legislative Division Review Joseph Murray Deputy Attorney Review Completed Approved Form and Correctness with Modification(s) Rendered Completed Completed Completed Completed ACA Review Completed Completed Completed Completed Completed Skipped Completed Completed ACA Review 12/21/2021 6:25 PM 12/21/2021 9:42 PM 12/22/2021 8:23 AM Completed 12/30/2021 3:43 PM 01/04/2022 12:12 PM 01/04/2022 12:13 PM 01/04/2022 12:51 PM 01/04/2022 9:08 PM 01/13/2022 9:58 AM 01/13/2022 9:00 AM 02/03/2022 1:50 PM Completed 02/04/2022 1:23 PM Completed 02/14/2022 6:31 PM City of Miami Legislation Resolution Enactment Number: R-22-0015 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11266 Final Action Date:1/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO CHAPTER 62, ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ART IN PUBLIC PLACES", APPROVING THE SELECTION OF THE TOP SHORTLISTED ARTISTS IN ACCORDANCE WITH SECTION 62-658 OF THE CITY CODE TO CREATE DESIGN PROPOSALS AS PART OF A CALL TO ARTISTS FOR THE INTEGRATION OF PUBLIC ART ON A PARCEL ZONED "CS", CIVIC SPACE TRANSECT ZONE, LOCATED AT APPROXIMATELY 5665 SOUTHWEST 3 STREET, MIAMI, FLORIDA, ALSO KNOWN AS THE CITY OF MIAMI'S ("CITY") BAY OF PIGS MEMORIAL PARK ("PROPERTY"); FURTHER APPROVING A FINAL SELECTION OF A PUBLIC ART INSTALLATION FOR THE PROPERTY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING BUT NOT LIMITED TO CONTRACTS ASSOCIATED WITH THE COMMISSIONING AND INSTALLATION OF THE ART, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY; MAKING FINDINGS AND REQUIREMENTS; RATIFYING, APPROVING, AND CONFIRMING ALL ACTIONS RELATED TO THE COMMISSIONING, INSTALLATION, AND FUNDING OF PUBLIC ART WITHIN THE CITY BY THE AIPPB, THE CITY'S PLANNING DEPARTMENT, AND OTHER CERTAIN CITY OFFICIALS AND DEPARTMENTS FROM JANUARY 12, 2017, THE DATE THE CITY'S PUBLIC ART PROGRAM WAS ENACTED VIA ORDINANCE NOS. 13656 AND 13657, THROUGH THE DATE THIS RESOLUTION IS ADOPTED. WHEREAS, on January 12, 2017, the City Commission adopted Ordinance Nos. 13656 and 13657 and established the Art in Public Places Program requiring all applicable Government Development Projects to allocate one and a half percent (1.5%) of project costs toward the acquisition, commissioning, and selection of public art; and WHEREAS, the City of Miami ("City") will make park enhancements to the Bay of Pigs Memorial Park located at 5665 Southwest 3 Street ("Property"), which are subject to public art requirements pursuant to Article 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the public art fee associated with the improvements and expansion of the Property were deposited into the Public Art fund in accordance with Section 11.7 of the Miami 21 Code; and WHEREAS, on October 19, 2020, the Art in Public Places Board ("AIPPB") adopted Resolution No. AIPP-R-20-019, attached and incorporated as Exhibit "A", and approved with conditions the expenditure of up to Sixty -Four Thousand Dollars ($64,000.00) to be used for design services, commissioning, acquisition, and installation of public art at the Property; and WHEREAS, as part of the approval, on October 29, 2020, the City's Public Art Division conducted a Call to Artists, attached and incorporated as Exhibit "B", pursuant to Section 62- 658 of the Code of the City of Miami, Florida, as amended ("City Code"), requesting qualifications from professional artists and/or artist teams to create integrated artwork for the Property; and WHEREAS, the Call to Artists closed on November 11, 2020 and the Public Art Division received over eighteen (18) responses from artists interested in competing for the final public art commission; and WHEREAS, as a required part of the Call to Artists, artists submitted specific information such as an artist statement, resume, and samples of their work; and WHEREAS, the Public Art Division called a meeting of the Professional Advisory Committee ("PAC") to review the submittals from artists and provide a recommendation to the AIPPB; and WHEREAS, the PAC concluded its review and ranked the top five (5) artists for the AIPPB's consideration as listed in Exhibit "C", attached and incorporated; and WHEREAS, the PAC, due to the significant and historical importance of the Bay of Pigs event to the community, moved to recommend all five (5) top ranked artists be commissioned to prepare design proposals for the AIPPB's consideration; and WHEREAS, on October 18, 2021, the AIPPB adopted Resolution No. AIPP-R-21-017, attached and incorporated as Exhibit "D", which shortlisted the five (5) artists ranked by the PAC and one (1) additional artist: Nilda Commas, Joshua Wiener, Xavier Cortada, Octavio Cuellar, Carlos Luna, and Carlos Alves; and WHEREAS, Joshua Wiener has since withdrawn from consideration and Carlos Alves is part of an artist team with Jane Carroll; and WHEREAS, the City has entered into contracts with the five (5) remaining shortlisted artists for design proposals; and WHEREAS, it is in the City's best interest for the City Commission to ratify, approve, and confirm all actions related to the commissioning, installation, and funding of public art within the City by the AIPPB, the City's Planning Department, and other certain designated City officials and Departments from January 12, 2017, the date the City's Public Art Program was enacted via Ordinance Nos. 13656 and 13657, through the date this Resolution is adopted; and WHEREAS, the Property is currently under construction and to allow for the timely review and approval of the public art component, it is in the City's best interest for the City Commission to authorize the AIPPB to finalize the review and approval process of art for the Property in accordance with Chapter 62, Article XVI of the City Code; and WHEREAS, Section 4 of Resolution No. AIPP-R-21-017 states, "No action may be taken by the City or any other party based on this resolution unless and until the City Commission has adopted the Master Plan and Program Guidelines as recommended by the AIPPB via AIPP-R- 21-013 on July 19, 2021, and the City Commission legislation taking such action has been rendered by the City Clerk's Office;" and WHEREAS, Section 5 of Resolution No. AIPP-R-21-017 states, "In the event the City Commission does not adopt the Master Plan and Program Guidelines as recommended by the AIPPB via AIPP-R-21-013 on July 19, 2021, this Resolution shall be considered null and void"; and WHEREAS, it is in the best interest of the City to allow this Resolution to fulfill the requirements of Sections 4 and 5 of Resolution No. Al PP-R-21-017; and WHEREAS, on January 10, 2022, the AIPPB adopted Resolution No. AIPP-R-22-004 approving and recommending the proposed public art installation by Xavier Cortada titled "Homenaje Libertad" for the Property and, if the City Commission does not approve the proposed public art installation by Xavier Cortada, the AIPPB approved and recommended the proposed public art installation by Nilda Commas titled "Bay of Pigs Memorial" for the Property; and WHEREAS, it is in the best interest of the City for the City Commission to ratify the AIPPB's actions on January 10, 2022 as memorialized by Resolution NO. AIPP-R-22-004; and WHEREAS, the artwork selected by the AIPPB shall be maintained by the City's Planning Department's Public Art Division; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby approves the six (6) shortlisted artists and/or artist teams referenced herein to develop specific art proposals to compete for the final public art commission for the Property. Section 3. The City Commission hereby authorizes the AIPPB to finalize the review and approval process of the public art for the Property pursuant to Chapter 62, Article XVI of the City Code with such decisions deemed to be approved by the City Commission. Section 4. The City Commission hereby rejects the AIPPB's selection of Xavier Cortada on January 10, 2022 via Resolution No. AIPP-R-22-004 and approves the selection of Nilda Commas as recommended by the PAC. Section 5. The City Manager is authorized' to negotiate and execute an agreement and any other necessary documents, all in forms acceptable to the City Attorney, with Nilda Commas for the commissioning and installation of art at the Property. Section 6. The selected artist shall comply with all applicable requirements as part of the building permitting process for the installation of the art at the Property. Section 7. The Art shall be maintained by the City's Planning Department's Public Art Division. Section 8. The City Commission hereby ratifies, approves, and confirms certain actions related to the commissioning and installation of art at the Property and its funding as set forth in Resolution No. AIPP-R-21-017 by the AIPPB, the City's Planning Department, and other certain designated City officials and Departments. Section 9. The City Commission hereby ratifies, approves, and confirms all actions related to the commissioning, installation, and funding of public art within the City by the AIPPB, the City's Planning Department, and other certain designated City officials and Departments from January 12, 2017, the date the City's Public Art Program was enacted via Ordinance Nos. 13656 and 13657, through the date this Resolution is adopted. Section 10. This Resolution shall fulfill the requirements of Sections 4 and 5 of Resolution No. AIPP-R-21-017. Section 11. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: