HomeMy WebLinkAbout24922AGREEMENT INFORMATION
AGREEMENT NUMBER
24922
NAME/TYPE OF AGREEMENT
CECILIA LUEZA
DESCRIPTION
PROFESSIONAL ARTIST SERVICE AGREEMENT/NEW FIELD
RESTROOMS AT ANTONIO MACEO PARK/MATTER ID: 23-
3165
EFFECTIVE DATE
March 3, 2024
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
4/8/2024
DATE RECEIVED FROM ISSUING
DEPT.
4/8/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
PROFESSIONAL ARTIST SERVICE AGREEMENT
BETWEEN THE CITY OF MIAMI AND
CECILIA LUEZA
THIS PROFESSIONAL ARTIST SERVICE AGREEMENT FOR PROPOSAL
DEVELOPMENT SERVICES ("Agreement"), is made and entered into this 3 day of
March 2024, by and between the City of Miami ("City"), whose address is 3500 Pan American
Drive, Miami, Florida 33133, and Cecilia Lueza ("Artist"), whose address
is 5155 5th Ave N St Petersburg F11-I-MRy and the Artist are collectively hereinafter referred
to as the "Parties."
WITNESSETH:
WHEREAS, the City is performing capital improvements to the New Field Restrooms at
Antonio Maceo Park located at 5135 N.W. 7t" Street, Miami, Florida 33126, which will include
public art; and
WHEREAS, the Artist, is one of the artists and/or artist teams selected to develop a
specific proposal and compete for the public art commission; and
WHEREAS, both Parties wish the integrity and clarity of the Artist's ideas in the work of
art to be maintained;
NOW THEREFORE, in consideration of the premises and the mutual covenants and
promises herein contained, the sufficiency of which is hereby acknowledged, the Parties agree
as follows:
DEFINITIONS
WORDS AND TERMS
The words and terms as used in this Agreement shall have the following meaning unless some
other meaning is plainly and clearly set forth:
"Board" or "AIPPB" shall mean the City's Art in Public Places Board.
"Consultants" shall mean design, engineering or other professional consultants contracted by
the City with which the "Artist" may be required to interact for the purposes of completing the
"Services" as described in this Agreement.
"Project Manager" shall mean a City employee overseeing the development and construction of
the project with which the Artist may be required to interact for the purposes of completing the
Services as described in this Agreement.
"Director" shall mean the Director of the Planning Department of the City.
"Proposal" shall mean the artwork suggested by the Artist and its visual/written/budget
documentation.
"Services" shall mean the Scope of Services described in Article I of this Agreement.
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"Subcontractor" shall mean any entity retained by the Artist for the activities other than the
creative and artistic portions of the work.
1.1
ARTICLE I
SCOPE OF SERVICES
GENERAL SCOPE OF WORK.
The Artist shall develop and submit to the City for preliminary consideration by the Board
a proposal for work of art (the "Work") for the New Field Restrooms at Antonio Maceo Park
(the "Project") to be located at 5135 N.W. 7th Street, Miami, Florida 33126 (the "Site").
Services performed pursuant to this Agreement shall be in a manner deemed satisfactory
to the City. Any modification to the Services provided shall not be effective until approved
in writing by the Parties.
1.2 PROPOSAL FORMAT
The Proposal shall be submitted in both electronic format (PDF, Word file, or a similar
electronic format acceptable to the City) and a hard copy. The Proposal shall be in the
following form:
1.2.1 A Proposal Narrative (the "Artist's Proposal Statement") describing the
Artist's Design Intent and drawings, graphic or other visual representation
of the Work, together with such other data and graphic materials as is
necessary to portray the Site preparation and permit the City to assess its
feasibility and compliance with applicable statutes and ordinances; and
1.2.2 A Preliminary Project Budget (the "Budget") outlining "Probable
Construction Costs" for the fabrication, delivery, site preparation and
installation of the Work. The Budget will include applicable headings for the
work to be performed by the Artist and any work to be subcontracted by the
Artist, as well as any specialty items such as mock-up samples and models
anticipated by the Artist to be part of the cost to fabricate and install the
Work, including the Artists Fee. The Project Budget shall not exceed Ten
Thousand Dollars ($10,000.00).
1.2.3 The proposal shall be in compliance with Article 11 of the Miami 21 Code
of the City of Miami, Florida, as amended ("Miami 21") and Article XVI of
Chapter 62 of the Code of the City of Miami, Florida, as amended ("City
Code"), relating to the Art, which sections of the Codes are incorporated by
reference herein.
1.2.4 The proposal may include an educational component involving an
Elementary School in the area.
1.3 PROCEDURES
The Artist shall determine the artistic expression, size, material, texture, color, location
and method of fabrication of the artwork, all subject to preliminary review by the Board
and their issuance of a resolution as to the proposed selection of the Artist in compliance
with the provisions of Chapter 62, Section 62-658 entitled "Selections of works of art" of
the City Code, as provided below.
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1.3.1 Promptly after the execution of this Agreement the Artist shall meet with
City's Art in Public Places ("AIPP") staff and other City Departments as
deemed necessary by City staff to receive from them a full review of the
planning process involving the design of the Project, a full review and
discussion of all plans developed for the Site, and complete background
information regarding all considerations affecting the plans for the Site.
1.3.2 The Artist shall submit the completed Proposal to the AIPP staff before
Friday May 17, 2024, at 5:00 pm. The Proposal shall be reviewed by the
Board on July 8, 2024, at which time the Artist shall present its Proposal to
the Board.
1.3.3 On or before the expiration of thirty (30) days after the presentation of the
Proposal to the Board by the Artist, the Board shall notify the Artist whether
a specific Proposal has been approved.
1.3.4 If the Board determines that the recommended Proposal is not acceptable,
the Board shall provide the Artist a statement in writing of such
determination. In such event, the City has the option, at its sole discretion,
to either terminate this Agreement, as provided in Article III, Section 3.5
below, or afford the Artist an opportunity to submit a new Proposal for the
Work. The Board shall provide the Director with a recommendation to
terminate this Agreement or to provide the Artist with a reasonable period
of time to resubmit a Proposal. Such period shall not exceed thirty (30)
days.
1.3.5 In the event of a resubmission, the Artist shall begin to negotiate an
agreement for Additional Services for the artwork upon notification to this
Artist that the Board has approved a proposal. This agreement will include
a price term, detailed scope of services, artist release, and insurance
provisions.
ARTICLE II
COMPENSATION
2.1 FIRM FIXED PRICE
The City, after receiving the recommendation of Art in Public Places Division as to a "short
list" of recommended Artist Proposals, shall pay, subject to the availability of funds and
pursuant to the terms of this Agreement, the selected Artist(s) a Fixed Fee (the "Artist
Proposal Fee") for Conceptual/Schematic Design Services in the preparation of a
Proposal for the Project in the amount of Five Hundred Dollars ($500.00). THE FIXED
FEE SHALL CONSTITUTE FULL COMPENSATION FOR ALL SERVICES AND
MATERIALS TO BE PERFORMED AND FURNISHED BY THE ARTIST UNDER THIS
AGREEMENT, INCLUDING THE ARTIST FEE, ANY SUBCONTRACTED WORK,
TRAVEL EXPENSES, AND/OR ANY RELATED OVERHEAD EXPENSES. The Artist's
Fee includes one (1) working meeting for the purposes of conducting a site visit and/or
meeting with the Project's Design Team and the City as may be deemed appropriate to
complete the Services outlined in this Agreement, and presentation of the design proposal
to the Board for review (the "Proposal Presentation Meeting") and, if applicable, before the
City Commission. The City shall be the owner of the Artist Proposal and shall be entitled
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to reproduce and distribute the Conceptual/Schematic Design pursuant to applicable
public record laws under the State of Florida.
2.2 METHOD OF PAYMENT
2.2.1 Artist's Proposal Fee
The City shall pay the Artist the Fixed Fee for Conceptual/Schematic Design in the
preparation of a Proposal for the Project in one lump sum of Five Hundred Dollars
($500.00) upon completion of the Services, receipt of the artist invoice, and verification
and approval by the Director.
ARTICLE III
GENERAL CONDITIONS
3.1 OWNERSHIP OF INSTRUMENTS OF SERVICES
Upon completion of the Services, all designs and other data, including any model(s),
developed by the Artist and delivered to the Board for the purpose of this Agreement, shall
become property of the City. All data as described herein shall be delivered to the Director
prior to completion of the Agreement and final payment to the Artist. The City may
reasonably use, duplicate, and disclose such materials in whole or in part, and to have
others, acting on behalf of the City, to do so. This Agreement and any Proposals
hereunder are subject to the provisions, limitations and exceptions of Chapter 119, Florida
Statutes, regarding public records.
3.2 WARRANTY OF ORIGINALITY
The Artist warrants that the tangible objects it delivers to the City in performance of the
Agreement shall be the result of the artistic effort of the Artist and that, unless otherwise
stipulated, the artwork shall be unique and an edition of one.
3.3 ASSIGNMENTS, TRANSFERS, OR SUBCONTRACTING
A material element of this Agreement is the personal skill, judgment, and creativity of the
Artist. Therefore, the Artist shall not assign, transfer, or subcontract the creative and
artistic portions of the artwork to another party without the prior written approval of the
Board.
3.4 INDEPENDENT CONTRACTORS
The Artist is an independent contractor and nothing in this Agreement shall be construed
as constituting the Artist as an employee, agent, or representative of the City. The Artist
shall not be supervised by any employee of the City, nor shall the Artist exercise
supervision over any employee or officials of the City. The Artist shall be responsible for
all subcontractors, employees, and/or agents, and shall be responsible for all applicable
insurances, including workers compensation insurance.
3.5 TERMINATION FOR CONVENIENCE
The City may terminate this Agreement for convenience. In the event the City terminates
this Agreement for convenience, the Artist shall have the right to withdraw its application,
return all funds to the City, and the City will have no right to fabricate or execute the Work.
If the City terminates for convenience before payment of the Artist Proposal Fee to the
Artist, the City has no obligation to pay the Artist Proposal Fee to the Artist. The Artist
may terminate this Agreement for convenience only before presentation to the Board of
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the original Proposal. Termination for convenience of either party shall require five (5)
days written notice to the other party.
3.6 CONFLICTS OF INTEREST
3.6.1 The Artist represents that the execution of this Agreement does not violate the
Conflict of Interest Section of the City Code, the Conflict of Interest and Code of
Ethics Ordinance for Miami Dade County, and Section 112 of the Florida Statutes,
as amended, which are incorporated herein by reference as if fully set forth herein.
The Artist agrees to abide by and be governed by these conflict of interest
provisions throughout the course of this Agreement and in connection with its
obligations hereunder.
3.6.2 The Artist covenants that he/she presently has no interest and shall not acquire
any interest, direct or indirect (as defined under the City or Miami -Dade County
Conflict of Interest Codes), which would conflict in any manner or degree with the
performances of Services under this Agreement. The Artist further covenants that
in the performance of this Agreement, no person having such interest shall be
employed by the Artist.
3.7 PUBLICITY AND NEWS RELEASES
The Artist shall not during the performance of this Agreement disseminate publicity or
news releases regarding this Project or the Services without prior written approval from
the Director.
3.8 ENTIRETY OF AGREEMENT
This document embodies the entire agreement and understanding between the Parties
hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby.
No alteration, change, or modification of the terms of the Agreement shall be valid unless
made in writing and signed by both Parties hereto and approved by appropriate action of
the Board. This Agreement, regardless of where executed, shall be governed by and
consulted in accord with the laws of the State of Florida.
3.9 SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, then
the same shall be deemed severable, with the remaining provisions shall remain
unmodified and in full force and effect.
3.10 CERTIFICATION
The Artist certifies that it possesses the legal authority to enter into this Agreement, to
act in connection with the Agreement, and to provide such additional information as may
be required from time to time by the City.
3.11 GOVERNING LAW & VENUE
This Agreement shall be construed and enforced according to the laws of the State of
Florida. Venue in any proceedings between the Parties shall be in the courts located in
Miami -Dade County, Florida. In the case of any legal dispute each party shall bear its
own costs and attorney's fees. The Parties irrevocably waive any rights to a jury trial.
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3.12 RECORDS, AUDITS AND MONITORING
The provisions of this section shall survive the expiration or termination of this Agreement,
consistent with Florida laws.
3.12.1 Records
Artist agrees to retain any and all records relevant to this Agreement for not less
than three (3) years beyond execution by the City. However, if any audit, claim,
litigation, negotiation, or other action involving this Agreement or modification
hereto has commenced before the expiration of the retention period, then the
records shall be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the regular retention period, whichever is
later.
3.12.2 Access to Records
The Artist shall permit access to all records relevant to this Agreement at its place
of business during regular business hours. The Artist agrees to deliver such
assistance as may be necessary to facilitate a review or audit.
3.12.3 Monitoring
In accordance with Section 18-101 of the City Code, the Artist agrees to permit the
City's personnel to perform random scheduled and/or unscheduled monitoring,
review and evaluation of the Services rendered under this Agreement.
3.12.4 Public Records
Artist understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City agreements, subject to the provisions
of Chapter 119, Florida Statutes, and agrees to allow access by the City and the
public to all documents subject to disclosure under applicable laws. Artist's failure
or refusal to comply with the provisions of this section shall result in the immediate
cancellation of this Agreement by the City.
Artist shall additionally comply with Section 119.0701, Florida Statutes, including
without limitation: (1) keep and maintain public records required by the City to
perform this service; (2) upon request from the City's custodian of public records,
provide the City with a copy of the requested records or allow the records to be
inspected within a reasonable time and copied at a cost that does not exceed the
cost provided for in Chapter 119, Florida Statutes, or otherwise provided by law;
(3) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law for the duration of the Agreement term and following completion of the
Agreement if the Artist does not transfer the records to the City; and (4) provide to
the City all electronically stored public records, upon request from the City's
custodian of public records, in a format compatible with the City's information
technology systems.
Should Artist determine to dispute any public access provision required by Florida
Statutes, then Artist shall do so at their own expense and at no cost to the City.
IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE ARTIST'S DUTY TO PROVIDE
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PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 305-416-1800, AT
PUBLICRECORDS@MIAMIGOV.COM, OR AT CITY OF MIAMI PUBLIC
RECORDS, CIO THE OFFICE OF THE CITY ATTORNEY, MIAMI RIVERSIDE
CENTER, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FLORIDA 33130.
3.13 HOLD HARMLESS
Artist and its respective employees, agents, servants, partners, principals, contractors or
subcontractors covenant not to sue and shall defend, indemnify, and hold harmless the
City and its respective officials, officers, employees, agents and instrumentalities from
any and all liability, losses, damages, or claims of any kind arising out of this Agreement,
including reasonable attorneys' fees and costs of defense.
The provisions of this Section shall survive the expiration or termination of this
Agreement.
3.14 DEFAULT
A material breach by Artist shall have occurred under this Agreement if Artist through
action or omission fails to comply with any term or condition of this Agreement, or fails to
perform its obligations hereunder, and fails to cure such failure after reasonable notice
from the City. A material breach by the Artist shall include any of the following:
1. Failure to perform the Services as described herein;
2. Not meeting or satisfying the conditions required by this Agreement;
3. Refusing to allow the City access to records or refusing to allow the City to monitor
the Services being provided pursuant to this Agreement;
4. Attempting to meet the Artist's obligations under this Agreement through fraud,
misrepresentation, or material misstatement; or
5. Failing to fulfill in a timely and proper manner any and all of the Artist's obligations,
covenants, contracts, and stipulations in this Agreement.
Waiver of breach of this or any other provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
3.15 TERMINATION; OBLIGATIONS UPON TERMINATION
If the Artist fails to faithfully perform and comply with the terms and conditions of this
Agreement, it shall be considered a material breach hereunder. In such event, the City
shall not be obligated to pay any amounts to Artist for Services.
3.16 COUNTERPARTS AND ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and such counterparts shall together
constitute but one and the same Agreement. The parties shall be entitled to sign and
transmit an electronic signature of this Agreement (whether by facsimile, PDF or other
email transmission), which signature shall be binding on the party whose name is
contained therein. Any party providing an electronic signature agrees to promptly execute
and deliver to the other parties an original signed Agreement upon request.
3.17 NONDISCRIMINATION
The Artist represents and warrants to the City that Artist does not and will not engage in
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discriminatory practices and that there shall be no discrimination in connection with
Artist's performance under this Agreement on account of race, age, religion, color,
gender, gender identity, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation, or any other factor. Artist further covenants that no
otherwise qualified individual shall, solely by reason of race, age, religion, color, gender,
gender identity, sexual orientation, national origin, marital status, physical or mental
disability, political affiliation, or any other factor, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
3.18 E-VERIFY EMPLOYMENT VERIFICATION
By entering into this Agreement, Artist and its subcontractors are jointly and
severally obligated to comply with the provisions of Section 448.095, Florida
Statutes, as amended, titled "Employment Eligibility." Artist affirms that (a) it has
registered and uses the U.S. Department of Homeland Security's E-Verify system
to verify the work authorization status of all new employees of Artist; (b) it has
required all subcontractors to this Agreement to register and use the E-Verify
system to verify the work authorization status of all new employees of the
subcontractor; (c) Artist has an affidavit from all subcontractors to this Agreement
attesting that the subcontractor does not employ, contract with, or subcontract
with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for
the duration of the Agreement. Registration information is available at:
http://www.uscis.gov/e-verify. If the City has a good faith belief that Artist has
knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate
this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the
event of such termination, Artist agrees and acknowledges that it may not be
awarded a public contract for at least one (1) year from the date of such
termination and that Artist shall be liable for any additional costs incurred by the
City because of such termination. In addition, if City has a good faith belief that a
subcontractor has knowingly violated any provisions of Sections 448.09(1) or
448.095, Florida Statutes, but Artist has otherwise complied with its requirements
under those statutes, then Artist agrees that it shall terminate the contract with the
subcontractor upon receipt of notice from the City of such violation by
subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any
challenge to termination under this provision must be filed in the Circuit or County
Court by the City, the Artist, or subcontractor no later than twenty (20) calendar
days after the date of said termination.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the dates
indicated below.
THE ARTIST:
By:
—DocuSigned by:
ypr�y, Cctrlca 4i V
April 3, 2024 1 17:15:40 EDT
Cecilia Lueza Date
CITY OF MIAMI:
BY:
BY:
,—DocuSigned by:
� a Stithw
April 4, 2024 1 07:48:36 EDT
`— U014848C lib...
David Snow, Interim` erector Date
Planning Department
,—DocuSigned by:
th'(1AY NOVlL?. April 7, 2024 I 22:19:00 EDT
Arthur�orieg VD4d toy Manager Date
ATTEST:
BY:
DocuSigned by:
DocuSigned by:
April 8, 2024 1 15:39:23 EDT
Todd B.�annon,`' y CI& k Date
Approved as to form and legal sufficiency:
By:
DocuSigned by:
�El
Victoria Mendez,€F- UAFt'Fy �.
Attorney Date
DocuSigned by:
v.& rd, April 5, 2024
Approved as PilgekMeecrequirements:
By:
DocuSigned by:
FratAk l�OwtV7
April 6, 2024 1 17:57:46 EDT
1 :e 2 ?7-r316 5 )
April 4, 2024 1 08:17:40 EDT
Ann -Marie Sharpe director Date
Risk Management
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Olivera, Rosemary
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good afternoon Todd,
De la Paz, Alba
Monday, April 8, 2024 3:48 PM
Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Nunez, Efren
RE: RE: AIPP - Agreement for possible future services (proposal) - Antonio Maceo
Park - Cecilia Lueza
AIPP_-_Agreements_for_possible_future_service Cecilia Lueza.pdf
Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original
agreement for your records.
Thanks.
ePLAN��
Alba de la Paz
Special Projects Coordinator
Nanning Department
Phone: (305)416.1G89
[ ri):11! delaodz@rRiarnigcV.COrn
For f-Plan Info: Onterpriseprojects@miamigov,corn
For Planing ePlan inquiries eolanpz@miarnigov,com
To learn more about All Things ePlan, visit our website here.
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