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2018-30267 ResolutionRESOLUTION NO. 2018 -30267 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMITTEE WITH RESPECT TO THE DEACCESSIONING OF THE ARTWORK, ENTITLED, "AQ'UA VI'TAE" 1994 (THE "WORK "), BY JUDY PFAFF (THE "ARTIST "), DUE TO THE MONUMENTAL SCALE OF THE WORK AND THE LACK OF ANY CITY FACILITY LARGE ENOUGH TO ACCOMMODATE THE WORK; FURTHER, CONSISTENT WITH THE CITY'S ART IN PUBLIC PLACES DEACCESSIONING CRITERIA, AND THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND THE ARTIST, DATED NOVEMBER 18, 1992, AUTHORIZING THE RETURN OF THE WORK TO THE ARTIST, PROVIDED THAT THE ARTIST SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS RELATING TO THE CRATING AND TRANSPORTATION OF THE WORK FROM THE CITY STORAGE FACILITY WHERE THE WORK IS CURRENTLY LOCATED. WHEREAS, Aq'ua Vi'tae (Water of Life), a monumental work with dimensions of approximately 58' high x 44' wide (the "Work "), by artist Judy Pfaff (the "Artist ") was commissioned as a site- specific installation for the Miami Beach Police Station lobby in 1994; and WHEREAS, subsequently, due to the safety modifications and reconfiguration of the Police Station Lobby, including the creation of a physical partition of the lobby reception area for the protection of reception personnel, the Work could no longer be accommodated at the Miami Beach Police Station; and WHEREAS, the Miami Beach Convention Center (MBCC) east lobby atrium was suggested as a fitting location in which to relocate the Work, and the Work was reinstalled in the east lobby atrium of MBCC; and WHEREAS, in 2015, due to the renovation and expansion of the MBCC, the Work was de- installed by a professional art conservator and placed in storage; and WHEREAS, in October 2017, the MBCC architectural team advised the City that the re- installation of the work will no longer be viable at the MBCC due to the reconfiguration of the east lobby atrium and lack of supporting anchors within the new construction. Accordingly, due to the monumental scale of the Work, the City does not have a facility that can accommodate the proper display of the Work; and WHEREAS, the City of Miami Beach Art in Public Places Guidelines, as adopted pursuant to Resolution No. 2004 - 25562, identify criteria for the deaccessioning of works, including if a work is too large to fit into available or prospective locations; or situations where value to repair a work exceeds the value of the work itself, or similar circumstances; and WHEREAS, under Section 4.14 of the Agreement between the Artist and the City, dated November 18, 1992, the Artist retained a right of first refusal to purchase the Work "at the appraised market value at the time of the proposed sale;" and WHEREAS, City staff consulted with a professional appraiser and an art conservator regarding the Work, and both recommended that an appraisal may not be worthwhile given the condition of the Work after it had been dismantled, as the costs of the appraisal may exceed the value of the Work; and WHEREAS, following correspondence with Ms. Pfaff, who retained a right of first refusal to take possession of the Work, and in lieu of either party incurring any expense relating to obtaining an appraisal, the City and the Artist proposed conveying the Work to the Artist, with the Artist to be solely responsible for the cost of crating and transportation from the art storage facility where the work is currently located. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Art In Public Places Committee with respect to the deaccessioning of the artwork, entitled, "Aq'ua Vi'tae" 1994 (the "Work"), by Judy Pfaff (the "Artist "), due to the monumental scale of the Work and the lack of any City facility large enough to accommodate the Work; further, consistent with the City's deaccessioning guidelines and the Professional Services Agreement between the City and the Artist, dated November 18, 1992, authorize the return of the Work to the Artist, provided that the Artist shall be solely responsible for all costs relating to the crating and transportation of the Work from the city storage facility where the work is currently located. PASSED and ADOPTED this /1 day of s/ , 2018. DAN GELBER, MAYOR ATTESTED BY: t a`r A RAFA L E. GRANAD , CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION L ity Attorney p MIAM BEACH Resolutions - C7 U COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 11, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMITTEE WITH RESPECT TO THE DEACCESSIONING OF THE ARTWORK, ENTITLED, "AQ'UA VI'TAE" 1994 (THE "WORK "), BY JUDY PFAFF (THE "ARTIST "), DUE TO THE MONUMENTAL SCALE OF THE WORK AND THE LACK OF ANY CITY FACILITY LARGE ENOUGH TO ACCOMMODATE THE WORK; FURTHER, CONSISTENT WITH THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND THE ARTIST, DATED NOVEMBER 18, 1992, AUTHORIZING THE RETURN OF THE WORK TO THE ARTIST, PROVIDED THAT THE ARTIST SHALL BE SOLELY RESPONSIBLE FOR ALL COSTS RELATING TO THE CRATING AND TRANSPORTATION OF THE WORK FROM THE CITY STORAGE FACILITY WHERE THE WORK IS CURRENTLY LOCATED. RECOMMENDATION Adopt this resolution. ANALYSIS Aq'ua Vi'tae (Water of Life) [Dimensions variable approximately 58' high x 44' wide] by artist Judy Pfaff, hereby referred to as the "Work" was commissioned as a site - specific installation for the Miami Beach Police Station lobby in 1994. Subsequently, due to the safety modifications and reconfiguration of the Police Station Lobby, including the creation of a physical partition of the lobby reception area for the protection of reception personnel, the Work could no longer be accommodated at the Miami Beach Police Station. The Miami Beach Convention Center (MBCC) east lobby atrium was suggested as a fitting location in which to relocate the Work. In 2001, the Work was reinstalled in the east lobby atrium of MBCC. In 2015, due to a significant renovation and expansion of the MBCC, the Work was de- installed by a professional art conservator and placed in storage. In October 2017, the MBCC architectural team advised the City that the re- installation of the work will no longer be viable at the MBCC due to the reconfiguration of the east lobby atrium and lack of supporting anchors within the new construction. Accordingly, due to the monumental scale of the Work, the City does not have a facility that can accommodate the proper display of the Work. The City of Miami Beach Art in Public Places Guidelines, as adopted through Resolution 2004- 25562, define "Deaccession Guidelines" as follows: Carefully following the acquisition guidelines should limit the need to remove artwork from the collection. Criteria for the artwork to be deaccessioned include: works that are too large to fit into available or prospective locations; 662 situations where value to repair work exceeds the value of the work itself; work that does not meet the criteria for the collection. When an artwork does not meet the criteria for the collection, the following steps are outlined in the deaccession procedure. In short, the steps are: - Perform a professional appraisal of the artwork - Offer the work to a local museum (Bass, Jewish, Wolfsonian) to be held on loan from the City - Works refused by AiPP should be sold or auctioned, and funds from the sale of artworks should be deposited into the AiPP fund and earmarked for the portable collection - Offer the work to the artist at price or for an exchange - Offer the work to other local public facilities or schools. On November 1, 2017, the Art in Public Places Committee met and a motion was made and passed unanimously to deaccession the Work based on the following criteria: this was a site specific Work for the Police Station, was relocated without the Artist consent, rebuilt by a third party without the Artists input, and an appraiser verbally opined the Work's appraisal value is zero dollars. The Artist is to be contacted in writing by City's Legal Department and asked if she would like the Work and if not the Work is de- accessed. On January 11, 2018, Ms. Pfaff was contacted in writing by the City. Under Section 4,14 of the Agreement between the Artist and the City, dated November 18, 1992, the Artist retained a right of first refusal to purchase the Work "at the appraised market value at the time of the proposed sale." In lieu of either party incurring any expense relating to obtaining an appraisal, the City proposed conveying the Work to the artist at no cost other than crating and transportation. Ms. Pfaff informed Art in Public Places staff that she would like to take possession of the Work and is currently working with Art in Public Places staff to coordinate the transportation of the work from the art storage facility where the work is currently located. CONCLUSION As defined in the Deaccessioning Guidelines and as recommended by the Art in Public Places Committee, Aq'ua Vi'tae (Water of Life) [Dimensions variable approximately 58' high x 44' wide] by artist Judy Pfaff, is recommended for deaccessioning. Legislative Tracking Tourism, Culture and Economic Development ATTACHMENTS: Description o J udy Pfaff Artist Agreement (1993) o Relocation of Judy Pfaff 2000 Memo 663 AGREEMENT TH /S Agreement, is made and entered into this l w q day of 1� 1992, by and between the CITY OF MIAMI I31?ACF[ apd Judy Pfaff hereinafter referred to as the "Artist ". WITNEsSETH: WHEREAS, The city of Miami Beach is now implementing a public Fir program as set forth in Ordinance #84 -2414 allocating cer to i n funds for the acquisition of art works for public places and authori.rit r7 t }1e Art in Public Places Committee to approve the selection of Artists and make payments for the design, execution and J.iistailati.on of works of art; and WHEREAS, funds for art have been allocated in accordance with Ordinance #84 -.2414 from allocated funds; and procedures duly adopted by the City of Miami Beach; and wamnn1s, the Artist was selected by the Committee through procedures duly adopted by the City of Miami Beach; and WHEREAS, both parties wish the integrity and clarity of the Artist's ideas in the work of art to be maintained; NOW, THER ;FORE, in consideration of the premises and the mutual covenants herein contained, the parties agree as follows: I DEFINITIONS 1.1 Folds and Ter n, The words and terms as used in this Agreement shall have the following meanings unless some other meaning is plainly and clearly set forth. x_. 2 chit —eats "Architects" means the architects contracted by the City of Miami Beach to design (the Miami Beach Police and court Facility), i,3 Artist t "Artist," or "contractor" means 664 Judy Pfaff 1...A city "City" means City of Miami Beach, Florida. 3,5 committee "Committee" means the City of Miami Beach Art in Public Places Committee. 1.6 Staff Liaison "Staff Liaison" means the Liaison to the (City of Miami. Beach) Art in Public Places Program. 1.7 subcontractor "subcontractor" means any entity retained by "Artist" for activities other than the creative and Artistic portions of they work. 1A1 project "Project" means the art work for the Miami Beach Police and Court Facility. . h AK Wor ;k "Art Work" means the original art work created by the Artist to be installed at the Miami Beach Police and Court Facility. The art work is a single work of art and shall remain in its original state as created by the Artist. SCOPE OF sERVICBS ...1 Q neral The Artist shall perform or provide and be responsible for all work, labor and services and furnish all supplies, materials, tools and equipment necessary for, the design, execution, fabrication, construction, and installation of the Artwork, the design of which has been approved by City and is depicted by the attached. Artist's rendition, to be located in the lobby of the Miami Beach Police and Court Facility at 1100 Washington Avenue, Miami Beach, Florida. 2 665 2.2 Procedure Artwork shall consist of a metallic & glass sculpture. The artwork shall measure approximately 50' by 75' within lobby. The Artist shall submit to the City within ninety (90) days of execution of this Agreement, the following; A detailed budget for the design, fabrication, and installation of the Artwork, including Site preparation; A detailed list of subcontractors who will be performing services for the Artist on the Artwork, including a description of services to be provided by each subcontractor. A detailed list of materials to be utilized by the Artist, including, but not limited to the quantity, style, type, color, and glazing; Revised scale ground -plan and elevations sections of the Artwork reflecting changes to the Artwork, if any, as changes occur. A schedule of completion dates for all phases of the work. 111 Compensation 3.1 Pees The City of Miami Beach shall, pay the Artist a fixed fee of $80,000 for the preparation and completion of the original work of art, which shall include all fees and travel expenses. 3.2 Method of Payment The City of Miami Beach shall pay the Artist the fixed fee for original work of art in the following installments: 50% after execution of this Agreement and invoice by the Artist; and 25% upon arrival in Miami for installment; and 25% upon completion and installation of the work of art in the Miami Beach Police and Court Facility and acceptance of the Artwork by the City. 3 666 ate IV General Conditions 4.1 ownership of Documents Upon completion of the work, all designs and other data including the model, developed by the Artist and submitted to the Committee for the purpose of this Agreement, shall become the property se the City of Miami Beach. The City hereby grants to the Artist the right to include photographs or leproducti.ons of the art work in his portfolio or promotional brochures; captioned as "owned by the City of Miami Beach", Since it id the intention of the parties that the art work be unique, the Artist expressly requests that the art work not be reproduced on advertising- novelty items including but not Limited to key chains, T- shirts, cups, plastic beach bags and beach towels. A .z Time Extensions A reasonable extension of contract time will be granted in the event there is a delay on the part of the City of Miami Beach in fulfilling its part of the Agreement or should conditions beyond the Artist's control or Acts of God render performances of his duties impossible. The City Manager shall be the sole judge of what constitutes "beyond the Artist's Control ". 4.3 Time of Performance All services by the Artist and the Artist's subcontractors shall be performed and completed in accordance with the elchedule submitted by the Artist and approved by the City. Artist shall have access to the site at all times including evenings and weekends. Reasonable extensions may be granted by the City in the event that conditions beyond the Artist's control or Acts of God shall render compliance with the schedule impossible. The Artist shall complete all services 4 667 required by this Agreement by no later than sixteen months from the date of execution of this Agreement. A,_g 7;nspeotiefl The city shall have the right at reasonable time to review the progress of the Artwork during the fabrication thereof and to receive progress reports from the Artist upon request. This will follow reasonable requests for modifications from the Committee. !1_.,& 4o,cie,Gomp,x;xnc!s All work shall be done in compliance with all applicable building codes. 4.6 Assignment, Transfer of Subcontracting The Artist shall not assign, transfer, or subcontract his creation and control of the Artwork to another party without the written approval of the City. 4.7 Equal Efl1 ovmont opportunity and Non- Discrimination In connection with the execution of this Agreement, the Artist of his /her subcontractors shall not discriminate against employees or applicants for employment because of race, religion, color, age, sex, ancestry, marital status, physical handicap, place of birth or national. origin. The Artist shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, ancestry, marital status, physical handicap, place of birth or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; and selection for training, including apprenticeship. 6 668 4,6 Termination for Convenience Performance by either party under this Agreement may be terminated for the convenience of either party at any time upon furnishing 60 days written notice to the other party. In the event of termination for convenience of either party, the Artist shall at his option have the right to either; an equitable adjustment in the fee (without allowance for an anticipated profit on unperformed services) in which event t,huC:ity of Miami Beach shall have the right at its discretion to possession and use of the sketches, designs, and models already produced and submitted or produced for submission by the Artist under this Agreement prior to the date of termination, provided that no right to fabricate or create the Work shall pass to the City of Miami Beach; or the possession of al] sketches, designs, models or other documents or materials produced and submitted or produced for submission to the Committee in the course of the Artist's performance under this Agreement prior to termination, in which case the Artist shall remit to the City of Miami Beach a sum equal to all payments (if any) made to the Artist pursuant to this Agreement prior to termination, 4.9 preach or Defagit; Termination if, through any cause, the Artist should fail to fulfill in a timely manner, the material obligations under this Agreement., or if Artist should violate any of the material covenants, agreements or stipulations of thin Agreement, the City shall thereupon have the right to terminate this Agreement. prior to terminating the Agreement, the city shall notify the Artist of its intent to terminate, stating the provision giving rise to the alleged default, In the event the default is not timely corrected, the Agreement may be terminated by written notice from the City to the Artist. In the event that the city so terminates this Agreement, the city is not required to 6 669 compensate the Artist for his services or any expenses incurred after receipt of notification of the termination. 4.10 Arbitration Any controversy or claim for money damages - arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the costs of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement, or the breach 'hereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation and not arbitration. 4.11 Limitation of Liability The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the city of this Agreement, so that its liability for any such breach never exceeds the sum of $ 80,000 • Artist hereby expresses its willingness to enter into this Agreement with Artist's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $20,000 , less the amount of all funds actually paid by the City to Artist pursuant to this Agreement. 7 670 Accordingly, and notwithstanding any other term or condition of this Agreement, Artist hereby agrees that the City shall not be liable to Artist for damages in an amount in excess of $80,000 which amount shall be reduced by the amount actually paid by the City to Artist pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28, 9.12 4 pairs and Restoration The Artist may snake periodic inspections of the Artwork and May recommend to the City any potential restoration or repairs the Artist deems appropriate. The City Manager or his designee shall have the exclusive right to determine when and whether repairs to and /or restoration of the Artwork will be made, In the event repair or restoration is to be performed, the Artist shall have the right of first refusal to either perform the repair and /or restoration or supervise any such work by any other' party retained by the City. In the event the Artist performs the repair and /or restoration of the art work, the Artist shall be paid a reasonable fee for any such services which will be determined in accordance with recognized principles of conservation, A_, 13 Alteration of the Work or of the site The City agrees that it will not intentionally destroy, damage, alter, change or modify the Artwork in any way. The City recognizes that the Artwork is a single work of art, and the City agrees not to damage, alter, change or modify the Artwork. should alteration to the site be necessary, the City shall use reasonable efforts to relocate the Artwork as a single work of art. If the City should ever in time decide to 8 671 destroy the Artwork, the Artist shall have the right of first refusal to purchase the Artwork at the market appraised value at the time of the proposed sale. 4.14 Future Bale of Art Work The city recognizes that the Artist's knowledge that the Artwork is to be displayed in a public area of a public building is a material consideration enticing the Artist to enter into this Agreement. The City further recognizes that .the Artist only agrees to the terms of this Agreement due to the public access to the Artwork that will be provided by the City. As further consideration for the Artist's performance under this Agreement, the city agrees that it will not sell the Artwork for a period of at least ten (1o) years after the date of the initial installation of the Artwork. In the event the City decides to sell. the Artwork,' the Artist shall have the Right of First Refusal to purohase the Artwork at the appraised market value at the time of the proposed sale. 4.15 Warranty of Title The Artist warrants that the Artwork covered by this Agreement shall be the result of the artistic efforts of the Artist and that, unless otherwise stipulated, the Artwork shall be unique and an edition of one. The Artist shall deliver the Artwork free and clear of any liens, claims or other encumbrances of any type and shall furnish affidavits. and releases to this effect, The Artist shall defend the City in any claim for infringement. 1.16 Warranty of Quality The Artist warrants that upon completion, the Artwork shall be free of defects in materials and workmanship and that the Artist shall correct any such defects within a reasonable period upon written notice from the Owner for a period of one (1) year from final acceptance of the Artwork at the Artist's 9 672 expense. Artist shall use high quality materials to complete and create the Artwork. 4.17 oceptance tins Title to the Artwork Title to the Artwork shall vest in the City at the time of final acceptance by the City. Notwithstanding the passage of title in the Artwork to the City, the Artist hereby reserves al 1. rights and usages, excluding commercial rights and usages, to render drawings or photographs of the Artwork with the exception that the City may reproduce faithful images of the Artwork for non-commercial use, including, but not Limited to public information, educational and catalogue purposes without written consent of the City, but always accompanied by the inc+nti on: " (Title of Artwork) , by Judy Pfaff (year. completed), Art in Public Places acquisition approved by the City of Miami Beach. When the Ar,tist's services have been completed the Artist shall so advise! the City in writing. Within three (3) days of receipt of such notice, the City shall give the Artist notice in writing of any services which have yet to be satisfactorily completed. Upon completion of such services, the Artist shall notify the City and the City shall again have three (3) days to notify the Artist whether the services have been satisfactorily completed. Final acceptance shall not constitute a waiver or abandonment of any rights or remedies available to CLty under any other section of this Contract. 4.1„g Lkitpk of. Lass The Artist shall be responsible for the risk of loss or damage to all items and the Artwork until accepted by the City unless loss or damage results from negligence by the City. The Artist shall also be responsible for filing, processing and collecting all damage claims related to the Artist's responsibilities in the Agreement. The Artist shall take such 10 673 measures as are necessary to protect the Artwork from loss or damage. 4.19 Insurance The Artist shall meet the following insurance requirements: a. Maintain commercial general liability in the amount of $500,000 per occurrence for bodily injury and property damage. This policy shall name the City of Miami Beach as an additional insured, b. Maintain workers' compensation coverage as required by C'l.or.ida Statute for employees of the Artist involved in the delivery and installation of art while on City property. c. These policies must he issued by companies licensed and authorized to do business in the State of Florida and rated no less than BI-;VI per Best's Rating Guide, latest edition. d. Prior to any installation being done on City property, the Artist must submit a certificate of insurance evidencing the above required coverage and that certificate must be approved by the City's Risk Manager. e. If any work in connection with the installation of this artwork involves the use of subccntraotora by the Artist, the Artist must submit proof of insurance for those subcontractors before any work on City property can begin. C. Any exceptions to these requirements are subject to the approval of the City's Risk Manager. 4.20 Independent Contractor The Artist is an independent contractor and nothing in this Agreement shall be construed as constituting the Artist an employee, agent or representative of the City. The Artist shall not be supervised by any employee or agent of the City. 11 674 4.21 Indemnification The Artist agrees to ,indemnify and hold harmless, the City, the Miami. Beach Police Department, the Committee and their officers, employees and agents, from and against any and all actions, claims, liabilities, losses, and expenses, including but not limited to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of or damage to property, In law or in equity, which may arise or be alleged to have arisen from the negligent, acts or omission or other wrongful conduct of the Artist or his subcontractors, employees, or agents in connection with the Artist's performance of services pursuant to this Agreement, The Artist's obligation under this article shall not include the obligation to indemnify the City, Miami Beach Police Department and the Committee and their officers, employees and agents, from and against any actions or claims which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct of the City, the Miami Beach Police Department, and the Committee and their officers, employees and agents. The parties each agree to give the other party prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the other party. 4.22 Permanent Record The City shall maintain on permanent file in the City Clerk's Office copies of this Agreement and a record of the location and disposition of the art work. 4.23 Publicity and News Releases The Artist shall not, during the performance of this Agreement, disseminate any publicity or new releases regarding the Artwork without prior written approval of the city. However, the Artist's documents and records prepared or received in connection with this Contract shall be open to 12 675 public inspection in accordance with Florida Statutes, Chapter 119, 4.24 Dill of $axle The Artists shall execute and deliver to the owner a bill of sale upon the completion of the Artwork and acceptance by the City. The bill of sale shall convey absolute title to the City. x.25 }! AMgal,ata The Artwork shall be publicly displayed, with a nameplate which includes the wording, "(Title of Artwork), by Judy Pfaff commissioned 1992 , with funds provided by The City of Miami. peach, Art in Public Places ". This nameplate shall be provided and installed by the Artist, and its composition and design shall be developed in consultation with the City. If the city fails to maintain the Artwork in good and original condition, the Artist shall have the right to disown it as hi.s /her creation and have the nameplate removed unti]. the Artwork's condition is restored. 4.26 ISarrioades The Artist and /or his /her subcontractors shall provide all barricades and other protection necessary to protect the Artwork and adjacent City property during fabrication and installation of the Artwork and to protect passers --by from injury. 4,27 Engineer certification Where necessary, it shall be the responsibility of the Artist to obtain certification, from an engineer licensed in the State of Florida, that the Artwork shall be an adequate design (including foundation loads, wind loads and potential live loads) to ensure the safety and welfare of the City staff, occupants of the building, and the general public. 13 676 4.28 Notioes All notices under the terms of this Agreement shall be sent to the following: Artist : Judy Pfaff 319 Greenwich Street, Apt, 5F, New York, NY 10013 City: City of Miami Beach, c/o City Manager's Office, 1700 Convention Center Drive, Miami. Beach, Florida 33139. 4.29 Unenforceable Provisions If any provision of this Agreement is determined to be void or unenforceable by any court or in any arbitration proceeding as provided herein, the Agreement shall remain in effect in accordance with its terms, excluding the provision declared void or unenforceable, subject to the other terms, covenants, conditions and provisions of this Agreement. 4 30 Entirety of Agreement This writing 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 City Commission. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presented this ( day of 4 � ,� , ATTEST: CITY CLERK CY: hlN� CVy4W1.� WITNESSES: CIC /pb agroeart.new /9.3.92 PPROVED DEPT. 677 CITY OF MIAMI BEACH tri) Office of Arts, Culture and Entertainment Memorandum To: Cathy Johnson, Chair Convention Center Advisory Board Date: October 16, 2000 Via: Mayra Diaz Buttacavoli Assistant City Manager From: ames Quinlan, Director, Office of Arts, Culture & Entertainment Ari Sklar, Art in Public Places Committee Subject: Judy Pfaff Sculpture "Aqua Vitae" At the July 25, 2000 meeting of the Convention Center Advisory Board (CCAB), Pola Reydburd and Ari Sklar from the Art in Public Places Committee (APPC) and Major Steve Robbins proposed relocation of the Judy Pfaff sculpture "Aqua Vitae" to the central corridor of the Convention Center. This piece was the major commission of APPC tied in to the construction of the Police Station in 1994. The award was commissioned following a national competition and was selected by a Professional Advisory Committee composed of museum curators and art historians, in consultation with the Police Department and the APPC. The abstract sculpture, "Aqua Vitae" (water of life), evokes the essential nature of Miami Beach, its weather and its water. The clusters of wire and metal mesh, the thin metal tubing and hand blown shapes of colored glass all suggest currents of water or of air, and the movements of light, clouds, sun and rain. The piece was commissioned at a cost of $80,000. Due to safety modifications and reconfiguration of the lobby of the Police Station, the piece can no longer be accommodated in the Police Lobby. The APPC sought a suitable public location in which to relocate this valuable artwork. The Convention Center was suggested as a fitting location not only because it does have the volume of space to accommodate the piece but is also our largest public building and is visited by so many. At the July meeting, the CCAB posed the following questions to APPC which will help their - decision- making process on whether or not to recommend the acceptance of this sculpture: What is th . si .. ofthe sculpture? The sculpture is comprised of 12 independent elements. In the present configuration the outer dimensions are; 20' (H) x 35' (L) x 34' (W). Whemmill the scudptture_1at in theConv Lion Center" There are many locations where the sculpture would fit but the East Atrium is ideal, East Atrium: 80' (H) x 100' (L) x 54' (W), West Atrium; 28' (H) x 55' (L) x 38' (W). Final location will be selected by SMG and APPC. 678 Will the ulpinre pn_rexeut service access to secur ty,__life safety.,Jiglrting r ac_equipinent? Sculpture will not be within reach of the public, Per Stan Berlinsky, Fire Inspector for the Convention Center, sculpture will not impede operation of the life safety system. Per Steve Clark, Operations Manager for the Convention Center, no light fixtures, ventilation systems, alarm systems or security cameras will be affected by the sculpture. Will the scuiptumsthscure views or__sightlines_ or the users patrons of the-Convention Center? While use of the West Atrium may have caused partial obstruction to signs which have been placed by users such as Boat Show, suspension of the sculpture in the East Atrium will not interfere with any historic or anticipated sign locations. f nw is the se_u_lp %r_e_to_ anchored , tal_led? Appropriate anchors and locations need to be selected to secure at beams in ceiling. The Convention Center is anticipating a bid to repaint East Atrium ceiling, Suggested that scaffolding be used for this painting job to be made available as part of contract to be used for installation following the painting. Projected time frame for installation: late spring or early summer 2001. Who w ill_reixove, restore,_an lin to the seulptu_rery APPC will pay for the cost of installation, Professional conservator Olivier flaligon who recently completed the Lichtenstein "Mermaid" restoration has studied the sculpture and suggested location - and is prepared to dismantle, transport, and re- install the piece. Although the piece is composed of lightweight materials, verification of the weight of sculpture, once removed, and ability of Atrium beams to support must be verified. Appropriate hang points to be approved by Convention Center. .Itas Jus%i?laff given_per nis to hav the Plnrnrenxiovesl? APPC is in contact with the artist. She is available to travel and provide an assessment, Whoiviltpaylor the removal, restoration, re-installationotubnaintenante Under the Art in Public Places Ordinance, APPC is responsible to maintain commissioned works. Occasional dusting by air blast is only maintenance anticipated. In conclusion, the Art in Public Places Committee encourages the CCAB to recommend the relocation of this important sculpture to the East Atrium of the Miami .Beach Convention Center. C: \OE 1JCE \WPWINTFAF. WPD 679