RESOLUTION 92-20671 •
RESOLUTION NO. 92-20671
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
CHAPTER 4A, ENTITLED "ART IN PUBLIC PLACES"
AUTHORIZING THE MAYOR AND CITE CLERK TO
EXECUTE AN AGREEMENT WITH ARTIST JUDY PFAFF
FOR THE COMPLETION OF AN ORIGINAL ART WORK TO
BE PLACED IN THE MIAMI BEACH POLICE AND COURT
FACILITY; THE COST OF SAID ART WORK SHALL
TOTAL $80,000.00 AND BE PAID IN INSTALLMENTS
OF 50% UPON EXECUTION OF THE P OREEMENT AND 25%
UPON ARTIST'S ARRIVAL FOR INSTALLATION STALLATION AND 45%
UPON PLACEMENT; SAID FUNDS H.AV3 BEEN ALLOCATED
IN ACCORDANCE WITH ORDINANCE AO. 84-2414 AND
MUST BE UTILIZED IN ACCORDANCE WITH THE TERMS
OF THE ORIGINAL BOND ISSUE.
WHEREAS, the City of Miami Beach is now implementingpublic
art program as set forth in Ordinance No. a
84-2414 allocating
certain funds for the acquisition of art works forc ublilace
and authorizing the Art in Public Places P places
Committee to approve the
selection of Artists and make payments for the design,
and installation of works of art; and execution
WHEREAS, funds for art have been allocated in accordance with
Ordinance No. 84-2414 from allocated funds; androcec�.�.u1_
adopted by the City of Miami Beach; an p es duly
and
WHEREAS, the City is authorized to purchase works of art as an
allowable activity under the Orcaiaance; and
WHEREAS, the City is desiious of providing funds to ennance
and enrich the public a Y i ronmer.t• ani
WHEREAS, the Artist was selected by the Committee through
Beach; and
procedures duly adopted by the City of Miami g
WHEREAS, the City requires certain services in order
fulfill its obligations under the aforementionedto
Bond issue; and
WHEREAS, the City desires to enter into an Agreement with
erf ormin g Judy
Pfaff for the purpose of
performing those services; and
WHEREAS, the City Manager recommends approval of the attached
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor
hereby authorized to execute and City Clerk are
an Agreement with Judy Pfaff for the
completion of an original art work to belaced in the
withP Miami Beach
Police and Court Facility the payment for said art work to be
funded through Bond Fund# 354.
PASSED and ADOPTED this 18th day of Noy-mber 19;!2.
ATTEST:
City Clerk
•yor
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APP'O/ BY TH q;GAL DEPARTMENT AS TO FORM:
°C71/1--1 --71/2777
7/_00, 5
Da e
11/17/92 3:22pm
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TELEPHONE: (305) 673-7010
OFFICE OF THE CITY MANAGER FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 0 - Z
TO: Mayor Seymour Gelber and DATE: November 18, 1992
Members of the City Commission
FROM: Roger M. Car1t
City Manager
SUBJECT: RESOLUTIONS APPROVING CONTRACTUAL AGREEMENTS WITH ARTISTS
JUDY PFAFF AND ELLEN LANYON FOR THE COMPLETION OF
ORIGINAL WORKS OF ART (ART IN PUBLIC PLACES COMMITTEE)
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Commissioners approve the
attached Resolutions for the execution of agreements between the
City of Miami Beach and artist Judy Pfaff, and between the City of
Miami Beach and artist Ellen Lanyon for completion of original
works of art to be placed in the Miami Beach Police and Court
Facility with payment of said works of art to be funded through
Bond Fund No. 354.
It is further recommended that the City Commission refer the Art in
Public Places program to a committee of citizens including existing
members of the Art in Public Places Committee to discuss the future
of the program. Issues to be discussed could include the
continuation of the 1.5 percent request versus a lesser requirement
due to the difficult economic times as well as committing 1/2
percent to a particular building and accumulating the remaining one
percent to achieve a fund to purchase major works of art of greater
scale as an option.
BACKGROUND:
In 1984 , Ordinance No. 84-2414 was passed by the CityCommission,
requiring that 1. 5% of the construction costs of public buildings
shall be appropriated for art work acquisition.
Based on the Miami Beach Police and Court Facilities cost of
$11, 334, 250, the art requirement was set at $170, 014 and
subsequently appropriated by City Commission Resolution and set
aside in Bond Fund No. 354 .
The City's Art in Public Places Committee developed a selection
process and, on August 14 , 1992, selected two artists, Judy Pfaff
of New York, New York, and Ellen Lanyon of Stockbridge,
Massachusetts, to complete two major original works of art, to be
placed in the lobby area of the Police building.
ANALYSIS:
Ms. Pfaff is being commissioned to produce a metallic andglass
P
scul ture measuring approximately 40 x 75 feet to hang in the
atrium lobby of the Police building. The total contract amount,
including all material, construction, installation, fees and
travel, shall be $80, 000. Ci �
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AGENDA
ITEM
DATE
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Ms. Lanyon is being commissioned to produce a painting on canvas
approximately measuringa roximately 9 feet by 19-1/2 feet to be hung in the
hallwaywall of the Police building. The total contract amount
including material, installation, fees and travel shall be $40, 000.
Models of the sculpture and the prints will be presented at the
City Commission Meeting.
The
CityCommission had previously approved a contract for $20, 000
with
artist Roberto Juarez, that which has now been completed and
hangs in the community room.
Budget
Total funds appropriated: $170, 014
Expenditures
RFP and Advisory Committee $ 2, 356
Paid to three finalist artists for
proposals ($5,000 each) 15, 000
Juarez contract 20, 000
Acquisition and mounting of posters 1, 050
Mounting of Police patches 300
Mounting of proposals above 3 , 000
Proposed Pfaff contract 80, 000
Proposed Lanyon contract 40,000
TOTAL COMMITTED TO DATE: $161,706
BALANCE REMAINING: $ 8, 307
The Art in Public Places Committee proposes that the balance
p
remaining
be expended on up to three additional smaller works of
art that will be selected by the Committee in the future.
CONCLUSION:
The proposed
art work commissions have gone throughan established
process and adequateimplementation.funds are available for their
However, as City Manager,Mana er I am concerned with the public reaction
to expenditures of this amount in the current economy and in
difficult restructuring for the City of Miami Beach. Therefore, a
future look ok at the Art in Public Places program is recommended as
described above.
RMC:j ph
Attachments
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t T
AGREEMENT
THIS Agreement, is made and entered into this leld day
o[_ 1\5C,Ve-A"4, , 1992 , by and between the CITY OF MIAMI
BEACH and Judy Pfaff , hereinafter referred to as the
"Artist" .
WITNESSETH:
WHEREAS, The City of Miami Beach is now implementing a
public art program as set forth in Ordinance #84-2414 allocating
co r til i n funds for the acquisition of art works for public places
and atit.hor i z incl the Art in Public Places Committee to approve the
selection o f Artists and make payments for the design, execution
;l(1 installation 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
WHEREAS, 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, THEREFORE, in consideration of the premises and the
mu::ual covenants herein contained, the parties agree as follows:
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DEFINITIONS
1 . 1 Words and Terms
The words and terms as used in this Agreement shall have the
following meanings unless some other meaning is plainly and
clearly set forth.
1 . 2 Architects
"Architects" means the architects contracted by the City of
Miami Beach to design (the Miami Beach Police and Court
Facility) .
1. 3 Artist
"Artist_." or "contractor" means Judy Pfaff •
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A.4 City
"City" means City of Miami Beach, Florida.
1. 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
the work.
1_.8 Project
"Project" means the art work for the Miami Beach Police and
court Facility.
1. 9 Art Work
"Art Work" means the original art work created by the Artist
to be installed at the Miami Beach Police and Court Facility.
The T art work is a single work of art and shall remain in its
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original state as created by the Artist.
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SCOPE OF SERVICES
2 . 1 General
The Artist shall perform or provide and be responsible for a l l
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.
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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.
III
Compensation
3 . 1 Fees
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.
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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 of the City of Miami Beach. The City hereby
grants to the Artist the right to include photographs or
t cproduct i oris of the art work in his portfolio or promotional
hr.c)chur ns ; captioned as "owned by the City of Miami Beach" .
Since it is 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 keychains, T-shirts, cups, plastic beach bags and
beach towels.
4 .2 Time Extensions
A reasonable extension of contract time will be granted in the
event there
is a delayon the part of the City of Miami Beach
part fulfilling
its 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 ud e of what constitutes "beyond the Artist ' s Control" .
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4 . 3 Time of Performance
All
services bythe Artist and the Artist' s subcontractors
performed be and completed in accordance with the
schedule by
s e submitted 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
City by the
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
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required by this Agreement by no later than sixteen months
from the date of execution of this Agreement.
4 ,4 Inspection
The City shall have the right at reasonable times 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.. 5. (49de Compliance
All work shall be done in compliance with all applicable
building codes.
4 . 6 Assignment, Transfer of Subcontracting
'['he Artist shall not assign, transfer, or subcontract h i s
creation and control of the Artwork to another party without
the written approval of the City.
4 . 7 E ual Employment opportunity and Non-Discrimination
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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
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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.
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4 .8 Termination for Convenience
Performance by either party under this Agreement may be
terminated for the convenience of either party at any time
upon furnishing 6 0 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 heC i ty 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
materialsp roduced and submitted or produced for submission to
the
Committee in the course of the Artist ' s performance under
this Agreementprior rior to termination, in which case the Artist
shall remit
to the Cityof Miami Beach a sum equal to all
payments ( if any) made to the Artist pursuant to this
Agreement prior to termination.
4 . 9 Breach or Default: Termination
If , any through hcause, 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 this 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
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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
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Lhe 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
renderedmay be entered into any court having jurisdiction, or
pli
� ' c a t i on maybe made to such court for an order of
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enforcement.nt. Anycontroversy or claim other than a
money
controversy or claim for 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
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expresses its willingness to enter into this Agreement with
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Artist ' s recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of
$ 80,000 , less the amount of all funds actually paid by the
City to Artist pursuant to this Agreement.
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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 .
4 . 12 Repairs and Restoration
The Artist may make 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.
4 . 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
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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 Sale 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
ranter 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 ( 10) 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 purchase 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.
4_. 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
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expense. Artist shall use high quality materials to complete
and create the Artwork.
4 . 17 Acceptance and_ 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
a] 1. rights and usages, excluding commercial rights and usages,
to render drawings or photographs of the Artwork with the
oxcept i on 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
mention: " (Title of Artwork) , by Judy Pfaff (year
completed) , Art in Public Places acquisition approved by the
City of Miami Beach.
When the Artist ' 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
itin ofservices which have yet to be satisfactorily
any
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 City under any other section of this Contract.
4 . 18 Risk of Loss
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
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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
Florida Statute for employees of the Artist involved in
the delivery and installation of art while on City
property.
c. These policies must be issued by companies licensed and
authorized to do business in the State of Florida and
rated no less than B+: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 anywork in connection with the installation of this
artwork involves the use of subcontractors by the Artist,
the Artist must submit proof of insurance for those
subcontractors before any work on City property can
begin.
E . 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.
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4 . 21 rndemnif ication
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 a l l
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,
i.n 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.
Thegarties each agree to give the other party prompt notice
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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 news 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
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public inspection in accordance with Florida Statutes, Chapter
119 .
4 .24 pill of Sale
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.
Pa.mep la t o
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 Beach, 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 his/her creation and have the nameplate
removed until the Artwork' s condition is restored.
4 . 26 Barricades
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
( includingfoundation 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.
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4 .28 Notices
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
r--IA"
presented this _ 6/0 day of 411 tkAAkAtt,/ . , 1.99:, .
ATTEST:
CITY CLERK CITY OF MIAMI BEA'H
B Y: C: �--' 4vL''16,,N. B I) °I" / "''
112_61013 MAYOR
WITNESSES: ARTIST:
__(:: „......,/?(....„
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agreeart.new/9.3.92 \ - V\Q
APPROVED
Ic,F t OA
4, , 1 i DEPT.-)
v t• A,'6. , Date _...4h27,A,
ORIGINAL •
RESOLUTION NO. 92-20671
Pursuant to the Code of the City of Miami
Beach, Florida, Chapter 4A, entitled "Art
In Public Places" authorizing the Mayor
and City Clerk to execute an agreement
with artist Judy Pfaff for the completion
of an original art work to be placed in
the Miami Beach Police and Court Facility;
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