HomeMy WebLinkAboutR-22-0015City of Miami
Resolution R-22-0015
Legislation
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
City of Miami Page 1 of 4 File ID: 11266 (Revision: A) Printed On: 6/6/2025
File ID: 11266 Enactment Number: R-22-0015
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
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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 Al PP-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
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File ID: 11266 Enactment Number: R-22-0015
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:
ndez, City Attor
2/14/2022
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