Resolution 73-14230 RESOLUTION NO. 73-14230
WHEREAS , Metropolitan Dade County has duly adopted
Ordinance No. 73-77 , commonly known as its "Art in Public
Buildings Ordinance" and
WHEREAS , the County Manager has evolved certain
"guidelines" and "implementation procedures" as a corollary to
this Ordinance, the terms and provisions with which the City
Council has become familiar, and
WHEREAS , the County Manager has suggested to all
affected municipalities that it would be appropriate for such
municipalities to adopt said "guidelines" and "implementation
procedures" with such emendations and variants , as the City
Council may deem appropriate;
NOW, THEREFORE , BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that said County
Ordinance "guidelines" and "implementation procedures" be and
the same are hereby adopted, provided however, that the City
Manager be and he is hereby expressly directed and authorized
to delete, from said County "guidelines" and "implementation
procedures" , as he may deem appropriate, reference to Dade
County, the County Manager' s office, County departments , and.
to insert, in lieu thereof, the appropriate names and titles
of the City , City officials , and City departments as he may
deem appropriate, and that said "guidelines" and "implementation
procedures" , as so modified by the City Manager, shall be held
and deemed to be the City of Miami Beach "guidelines" and
"implementation procedures" and that a true and correct copy
thereof shall be submitted to the County Manager forthwith.
PASSED and ADOPTED this 19thday of December , 1973.
\-3
Mayor
Attest:
City Clerk
ONIC. Of CITY ATTORNrV--1120 WASHINGTON AVRNUR-MIAMI BRACH, FLORIDA 33139
Amended
Agenda Item No. 2 (d)
9-1H-73
ORDINANCE NO. 73-77
ORDINANCE RELATING TO ART IN PUBLIC
BUILDINGS; REQUIRING THE ACQUISITION
OF WORKS OF ART TO BE INCLUDED IN
ALL BUILDINGS HEREAFTER CONSTRUCTED
BY METROPOLITAN DADE COUNTY AND BY
MUNICIPALITIES IN DADE COUNTY;
PROVIDING DEFINITION OF WORK OF ART;
PROVIDING WAIVER OF REQUIREMENTS;
PROVIDING SELECTION OF ARTISTS BY
COUNTY MANAGER; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR SEVERABILITY;
AND PROVIDING EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF DADE COUNTY, FLORIDA:
Section 1. All appropriations for the original construction of
governmental buildings by Metropolitan Dade County and by municipalities
in Dade County shall include an amount of not less than one and one half
percent (1 1/2%) of the total appropriation for the construction of said
buildings to be used for the acquisition of works of art. Said works of
art may be an integral part of the structure, attached to the structure
or attached within or outside the structure.
Section 2. Waiver of Requirements: The requirements
of Section 1 may be waived by Resolution of the Board of County
Commissioners of Metropolitan Dade County when and if it appears
to said Board that a construction project covered hereunder is not
appropriate for application of the above requirements.
ATD/dlg/.�k✓
Amended
Agenda Item No. 2 (d)
Page No. 2
Section 3. Definitions. For the purpose of this
Ordinance, the term "works of art" is defined hereby as the application
of skill and taste to production of tangible objects according to aesthetic
principles including, but not limited to, paintings, sculpture, engravings
carvings, frescos, mobiles, murals, collages, mosaics, statues.
bas-reliefs, tapestries, photographs and drawings.
Section 4. The selection of, commissioning of, artists
or craftsmen, reviewing of design, and the acceptance of works of
art shall be the responsibility of the County Manager of Metropolitan
Dade County.
' Section 5. It is the intention of the County Commission, and
it is hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of Metropolitan Dade County, Florida;
that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed
to "section", "article", or other appropriate word.
Section 6. Severability. If any section, subsection, clause
or provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such invalidity.
Section 7. The provisions of this ordinance shall become
effective sixty (60) days after the date of its enactment.
PASSED AND ADOPTED: SEP 1 8 1973
Approved by County Attorney ,`
as to form and legal sufficienc ••
it
CITY OF MIAMI BEACH
IMPLEMENTATION GUIDELINES
for
DADE COUNTY ORDINANCE NO. 73-77
REGARDING
ART IN PUBLIC BUILDINGS
December 19, 1973
INTRODUCTION
In adopting Ordinance No. 73-77 which becomes effective November 17, 1973 ,
the Board of County Commissioners of Metropolitan Dade County established
a policy requiring that at least 1 1/2% of the estimated construction cost
of new public buildings shall be devoted to works of art. This Ordinance,
commonly known as the "art in public buildings ordinance," is applicable
to all of the cities in Dade County as well as to the County government.
The Ordinance requires the City Manager to promulgate rules and develop
procedures for the selection of artists and the commissioning of works of
art in all public buildings for which design contracts are awarded after
November 17, 1973.
It is the intention of Dade County to permit maximum flexibility on the
part of all local cities in retaining authority and control over the imple-
mentation of this Ordinance. Cities are required to develop and approve
a set of guidelines and regulations concerning the method by which Ordinance
No. 73-77 is to be enforced within their jurisdiction.
The following sections of this publication set forth the method which will
be used by the City of Miami Beach to implement the Ordinance. These
guidelines have been developed based on Dade County management meetings with
local fine arts professionals and County professional staff. Many of the
guidelines are based on similar programs in various cities throughout the
United States; the experience of a few States; and rules which have been
used by the Federal government for similar programs within the Housing and Urban
Development Department and the General Services Administration.
PROGRAM OBJECTIVES
It is the policy of the City of Miami Beach to provide for the incorporation of
visual art in the design and construction of new public buildings. The objectives
of this program are to assist the City, along with all of Dade County, in attaining
national pre-eminence in the arts and in the excellence of public buildings; to
assist the City in the preservation of the artistic heritages of the people; to
assist in the enhancement of the professional community of artists and the
cultural and artistic talents of the people; and to promote a community environment
which provides equal , abundant opportunity for exposure to culture and the fine
arts in all forms.
This new program recognizes that the City Council , the community, the architect
and the artist may have separate but related motivations concerning the setting
of standards and the understanding of local need. Fortunately, all can serve
common goals. The City has the opportunity to attain a unique position in this
regard because of its character, the flexibility of its talent, the climate,
the exposure of its efforts to millions of visitors, and its willingness to
take on new challenges.
GENERAL QUALIFICATIONS
According to the Ordinance, the term "works of art" includes but is not limited
to paintings, sculpture, engravings, carvings, frescos , mobiles , murals,
collages, mosaics, statues, bas-reliefs, tapestries , photographs and drawings.
A work of art shall have the potential to complete overall building design
concepts and complement the design of the structures and grounds. Under this
program, the artwork is integrated into the building design, not installed as
an afterthought. This means art must be considered at the time of the
architect's preliminary design concept.
Such works of art may be an integral part of the structure, attached to the
structure, detached within the structure, or detached outside of the structure.
Such works of art must be of permanent materials suitable for the purpose,
affording resistance to exposure, vandalism, relocation or theft and high
maintenance costs.
(1)
Artists shall be qualified by the City upon the advice of an ad hoc advisory
committee.
USE OF ADVISORY EXPERTISE
The City's architectural staff, the affected user department, the project
architect, and other City agencies as appropriate will be involved in the
overall selection process as outlined above.
In addition, it is very important that additional citizens and community
representatives be involved in various stages of the selection process and
the implementation of this Ordinance. Vital contributions to this process
can be made by community representatives having a knowledge of local historic
traditions and a commitment to architectural excellence. The purpose for
involving one or more ad hoc advisory groups of community representatives
would be to:
a) review and make recommendations concerning works of art for
public buildings
b) assist in the certification of qualified artists for City
projects
c) advise and assist the Manager, the Department Head, and the
designated architect in the selection of works of art and
in verifying the value of such works of art
d) assist in the identification of artists and craftsmen, and
in their selection as appropriate
e) review the design, execution and placement of works of art,
and make recommendations to the Manager as appropriate
f) assist in educating the community as to the value of the
program and the importance of its acceptance by the general
public
g) assist in the decision to accept or reject gifts of works
of art offered to the City
Such community representatives sitting in an ad hoc advisory capacity may
include architects, landscape architects, graphic specialists, artists ,
museum directors, university faculty members, collectors, patrons and
interested citizens.
Citizens willing to become members of the advisory group shall serve without
compensation. As noted earlier, the advisory group shall be ad hoc in nature,
serving in an advisory capacity to the Manager' s Office.
The County' s conflict of interest ordinance shall apply to any citizens
expressing an interest in voluntary service on an advisory board.
Rules of procedure and further details regarding the scope of work of the
advisory board shall be developed by the City Manager with the advice of
prospective members and other City staff.
SELECTION PROCEDURE
Ordinance No. 73-77 shall be discussed with all architectural/engineering
firms that have been ranked for consideration for project design work
pursuant to adopted selection procedures. All contracts for architectural
design on new public buildings shall contain a reference to Ordinance No. 73-77
setting forth the responsibility of the architect/engineer to the City regard-
ing the selection of artists, and the commissioning and acceptance of works
of art.
A master file of interested and qualified artists will be maintained by the
Office of Project Planning and Management Coordination, under the City Manager.
Persons interested in being considered for the creation of works of art may
apply directly to this office or through the architectural firm that is selected
to design a particular building.
The City reserves the right to: (a) make the designation of an artist or
artists from its list; (b) permit the architectural firm to submit up to three
(2)
names of artists to the City, with the City retaining the right to supplement
the list; or (c) make special use of one or more ad hoc advisory boards to
assist in the process.
The City retains authority to execute contracts between the artist(s) and
the City of Miami Beach or to permit the artist(s) to be engaged directly by
the architectural/engineering firm, subject to City approval .
The architectural/engineering firm, on occasion, might have someone on staff
who is qualified to design a work of art, i .e. , fountain, mural , special
graphics , decorative frieze, etc. Such person(s) shall not be prohibited
from being considered as the official artist for the project.
In some cases, it may be appropriate to purchase, or receive by donation,
existing works of art (paintings, tapestries , mobiles, statues , etc.) In
such instances, concurrence of the architect and the City will be required.
In addition, consultants may be needed to make an appraisal of the value of
such existing works of art for sale or donation. It is our intention to
apply the appraised value of any donated works of art toward the requirements
as set forth in Ordinance No. 73-77. The final contract with any artist shall
set forth the scope of work and full responsibilities of the artist and shall
set forth the relationship between the artist, the architect and the City.
A method and schedule of payment to the artist shall be provided, including
an appropriate retainer to cover any preliminary design or models of proposed
art work as may be required by the City.
COLLABORATION BETWEEN ARCHITECT AND ARTIST
Due to the fact that any proposed work of art must be viewed as an integral
part of the overall construction project, it is essential that full collabora-
tion be achieved between the architect and the artist(s) at the earliest
possible time. The artist(s) should participate in any planning and pre-design
conceptual stages as well as the design process. During the preliminary design
phase, the architect and artist, with appropriate City involvement, should agree
upon the general type and location of the art work. During this phase, the
artist(s) will submit a written proposal describing the intended work, the
materials to be used, the time and cost involved, the suggested method of payment,
and any other pertinent factors. At this stage, artists may be required to
submit photos, models , or sketches representative of their general work and
indicative of the proposed work for the subject building. Based upon such
presentations, the City, with appropriate counsel from the advisory group and
the architect, may make suggestions or modifications , approve the proposed work,
or disapprove the proposed work. If agreement cannot be reached to the satis-
faction of the City, an alternate artist will be selected.
CONTRACT PROCEDURE
The amount of funds allocated for works of art shall represent at least
1 1/2% of the estimated gross project cost, exclusive of the work of art
itself. All construction firms bidding on City public buildings will be
made aware of the method by which they must comply with Ordinance No. 73-77.
The cost of works of art shall be a line item within the cost estimate and
the final contract with the architect or construction firm, as appropriate.
A standard form of contract, as approved by the City Attorney, shall be
used for any contracts between the City and the artist. The form of any
contract between an architectural firm and an artist must be approved as
to form by the City Attorney.
USE OF CONSULTANTS
From time to time, consultants may be needed to advise the City and perform
other important work items including:
1 . Appraising the value of existing works of art for sale
2. Collection and correlation of professional information
3. Identification of artists
4. Assistance in presentations
5. Assistance in community educational programs
6. Liaison between artist , architect and the public
7. Assistance to advisory boards
(3)
All such consultation agreements shall be approved by the City Council as
appropriate under current regulations.
OWNERSHIP AND UPKEEP
Ownership of all works of art commissioned by the City under Dade County
Ordinance 73-77 is vested in the City of Miami Beach. The City Manager or
his official designee is charged with the custody, supervision, mainten-
ance and preservation of such works of art.
The City Manager or his official designee shall make an annual inspection
and inventory of all works of art in City buildings and provide a public
report as to its findings and recommendations regarding maintenance
problems, deterioration, vandalism, etc.
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