Resolution 2023-32742RESOLUTION NO. 2023-32742
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 BEATLES MANDALA
(AMOR=LOVE), 2014 (THE "WORK"), BY KEVIN ARROW (THE "ARTIST"),
CONSISTENT WITH THE CITY'S ART IN PUBLIC PLACES
DEACCESSIONING CRITERIA, WHICH ALLOWS FOR DEACCESSIONING
IN SITUATIONS WHERE THE VALUE TO REPAIR A WORK EXCEEDS THE
VALUE OF THE WORK ITSELF, AND/OR THE WORK POSSESSES
FAULTS OF DESIGN OR WORKMANSHIP.
WHEREAS, Beatles Mandala (Amor=Love) (hereinafter, the "Work"), located at Collins
Avenue and 73rd Street by artist Kevin Arrow (the "Artist"), was commissioned as a site -specific
installation and completed in late 2014; and
WHEREAS, on February 6, 2015 the artist received final payment for the Work, and in
doing so, the artist agreed to the contractual terms of the Professional Services Agreement,
which held the artist responsible for the proper execution and installation of the Work in its
entirety; and
WHEREAS, on February 23, 2015 the Work began to show signs of faulty installation
with pooling of water inside the mosaic on the southeast corner of the Work, and on December
2015 tiles began popping out of the substrate; and
WHEREAS, over a four year period from approximately February 2016 to October 2020,
City staff provided hundreds of hours of in -kind maintenance; and
WHEREAS, by the beginning of 2021, the substrate disintegrated to a point that tiles
dislodged immediately after installation and in -kind resources were not able to keep up with the
rapid deterioration; and
WHEREAS, over this period of time, approximately $52,800 was spent in staff hours
maintaining the Work; and
WHEREAS, under Article 2 Scope of Services, Section 2.11(b) of the Agreement
between the Artist and the City, dated June 22, 2004, the Artist was solely responsible for
conducting any and all inspections of the Site for purposes of ascertaining the condition of same
and for proper execution of the Work, and completion and installation of the Project; and
WHEREAS, under Exhibit A of the Agreement between the Artist and the City, the Artist
was responsible for construction oversight during the fabrication and integration of all artist -
designed components, whether fabricated by artists' subcontractors or included in construction
documents to be fabricated; and
WHEREAS, on October 19, 2021, the Art in Public Places Committee recommended
removal of the mosaic due to damage that seems most likely to be the result of the concrete
slab onto which it has been set, which was not canted to slough off water; and
WHEREAS, on May 6, 2022 RLA Conservation prepared a comprehensive scope of
work for the documentation, removal and catalogue crating of the mosaic, which totaled
$60,000-$74,000; and
WHEREAS, in late 2022, the Artist proposed an alternate solution that would involve
filling in the lost tiles with colored grout; and
WHEREAS, however, after further study by the artist, this would not provide the work
with long-term stability moving forward without regular maintenance as loose tiles would
continue to fall off and well -adhered tiles will eventually become loose; and
WHEREAS, the original artwork commission was $70,000, and the cost of removal and
reinstallation exceeds the cost of the commission; and
WHEREAS, on February 21, 2023, the Art in Public Places Committee made a motion to
deaccession the Beatles Mandala (Amor=Love), 2014 by Kevin Arrow located at Bandshell
Park, Collins Avenue and 73rd Street; and
WHEREAS, the Art in Public Places Guidelines, as adopted through Resolution No.
2004-25562, includes deaccessioning criteria, which allows for deaccessioning in situations
where value to repair work exceeds the value of the work itself, and/or the work possesses
faults of design or workmanship; and
WHEREAS, on March 27, 2023, Morrissey Fine Art provided an appraisal of the Work,
as set forth in the Appraisal Standards Board of the Appraisal Foundation (USPAP), and the
retail replacement value appraisal for insurance purposes was estimated at $5,000.
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 Beatles Mandala (Amor=Love), 2014 by
Kevin Arrow, consistent with the City's Art in Public Places deaccessioning criteria, which allows
for deaccessioning in situations where the value to repair a work exceeds the value of the work
itself, and/or the work possesses faults of design or workmanship.
PASSED AND ADOPTED this 13 day of 5.efhmb&r 2023.
ATTEST:
:g SEP 2 0 2023
Rafael . Granado, City Clerk
?INCORPORATE
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
- i -L — Z 3
Date
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 13, 2023
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 BEATLES MANDALA
(AMOK=LOVE), 2014 (THE "WORK'), BY KEVIN ARROW (THE "ARTIST-),
CONSISTENT WITH THE CITY'S ART IN PUBLIC PLACES
DEACCESSIONING CRITERIA INCLUDING SITUATIONS WHERE THE
VALUE TO REPAIR A WORK EXCEEDS THE VALUE OF THE WORK
ITSELF; THE WORK POSSESSES FAULTS OF DESIGN OR
WORKMANSHIP; THE WORK CAUSES EXCESSIVE OR
UNREASONABLE MAINTENANCE; THE WORK IS DAMAGED
IRREPARABLY, OR TO AN EXTENT WHERE REPAIR IS UNREASONABLE
OR IMPRACTICAL; OR THE WORK REPRESENTS A PHYSICAL THREAT
TO PUBLIC SAFETY.
RECOMMENDATION
Administration recommends adopting this Resolution.
Beades Mandala (Amon -Love), located at Collins Avenue and 73rd Street by artist Kevin
Arrow, was commissioned as a site -specific installation. Composed of a concrete base and
glass ceramic tiles, the Work was completed by the artist in late 2014. As early as February
2015, the work began to show signs of water damage. To provide background, below is a
synopsis detailing faults of design and workmanship at the onset of the project and measures
taken to conserve the artwork.
• February 6, 2015 the artist received final payment for artwork. In doing so, the artist agreed to
ttie contractual terms of the Professional Services Agreement, which held the artist responsible
for the proper execution and installation of the Work in its entirety. Under the agreement, the
artist shall be solely responsible for conducting any and all inspections of the Site for purposes
of ascertaining the condition of same and for proper execution of the Work, and completion and
installation of the Project. In addition, the artist shall be responsible for construction oversight
during the fabrication and integration of all artist -designed components, whether fabricated by
artist's subcontractors or included in construction documents to be fabricated and installed by
Page 768 of 2938
others. (Exhibit A)
• Febnjary 23, 2015 the artwork began to show signs of faulty installation with pooling of water
inside the mosaic on the southeast comer of the artwork. Artist was notified of condition and per
ArtistAgreement with the City, underARTICLE 2, SCOPE OF SERVICES, Section 2.11(b)
ARTIST shall be solely responsible for conducting any and all inspections of the Site for
purposes of ascertaining the condition of same and for proper execution of the Work, and
completion and installation of the Project.
EXHIBIT A SCOPE OF SERVICES, CONSTRUCTION & INSTALLATION
COORDINATION
The ARTIST shall be responsible for construction oversight during the fabrication and
integration of all artist -designed components, whether fabricated by ARTIST's
subcontractors or included in construction documents to be fabricated
- December 2015 tiles began popping out of the substrate
• February 2016-October 2020 (approximate) Parks Department staff were trained by the tile
installer to reinstall dislodged tiles. Parks Department staff provided hundreds of hours of in -
kind maintenance over this four-year period. By the beginning of 2021, the substrate
disintegrated to a point that tiles dislodged immediately after installation and in -kind resources
were not able to keep up with the rapid deterioration. Over this period of time, approximately
$52,800 was spent in staff hours maintaining the work.
- February 2, 2021, the City contracted with Torres Construction to repair the tile. The scope of
this project included sourcing specified tiles and materials, installation of tiles (with possible
grout and site remediation) and sealing the final work to prevent future water intrusion. Overall,
this process would restore this work of art aesthetically, without addressing underlying
foundation issues. Missing tiles would be ordered and installed within the mosaic in accordance
with the initial design and in collaboration with the artist.
- June 2, 2021, Torres Construction concluded the tiles were not able to be restored and
refunded the deposit to the City. The contractor found several areas that were hollow under the
fiber board, which means that water has disintegrated both the adhesive and fiber board. The
contractor concluded that even an aesthetic repair to the tiles was not possible, as the area
below the fiber board was too damaged. As well, other areas of the mosaic had tiles fall off just
by touching them.
- October 19, 2021, the Art in Public Places Committee recommended removal of the mosaic
due to damage that seems most likely to be the result of the concrete slab onto which it has
been set, which was not canted to slough off water. Standing water has deteriorated the artwork.
May 6, 2022 RLA Conservation prepared a comprehensive scope of work for the
documentation, removal and catalogue crating of the mosaic. The estimate for this work is
$60,000-$74,000. This amount does not include security fencing for duration of de -installation,
m-surfacing of foundation after removal, grass replacement, etc., which would be an additional
cost. Most notably, the cost of reinstallation of the mosaic has yet to be determined. (Exhibit B)
Page 769 of 2938
- In late 2022, the artist proposed an altemate solution that would involve filling in the lost tiles
with colored grout. However, after further study by the artist, this would not provide the work with
long-term stability moving forward without regular maintenance as loose tiles would continue to
fall off and well -adhered tiles will eventually become loose.
- The artwork commission was $70,000, cost of removal and reinstallation exceed the cost of
the commission.
- On February 21, 2023, the Art in Public Places Committee made a motion to deaccession the
Beatles Mandala (Amon —Love), 2014 by Kevin Arrow located at Bandshell Park, Collins
Avenue and 73rd Street. At the meeting, the Art in Public Places Guidelines, as adopted
through Resolution 2004-25562, which provide criteria for an artwork to be deaccessioned,
were discussed. This includes the following: "situations where value to repair work exceeds the
- On March 27, 2023, Morrissey Fine Art provided an appraisal of the work, as set forth in the
Appraisal Standards Board of the Appraisal Foundation (US PAP). The retail replacement value
appraisal for insurance purposes is $5,000. (Exhibit C)
Cost Analysis - Kevin Arrow, Beatles Mandala (2014)
Total Commission Cost: $70,000
Amount Expended to Date in
Maintenance
Parks Dept, Tile Replacement 2016-2020
2,400 hrs x $22.00 per hour
$52,800
RLA Cleaning 2017
$ 500
RLA Cleaning 2017
$ 258
Torres Construction Tile Repair' 2021
$7,750`
1$2,200
Total Maintenance Costs to Date
J$55,758
Estimated Cost of Restoration — RLA
Conservation
Removal, salvage of existing fifes, crating
$60,000-
and Cataloguing of Artwork 2022
$74,000
Reinstallation of Artwork (Transportation,
TBD —Staff estimate
$150,000
Storage, base, site work, artist fee,
based on similar projects
eNineering, contractor, permits, etc.
Estimated Cost to Remove and Reinstall
$210,000-
$224,000
Estimated Cost of Total Reconstruction
Purchase of Trend Tile
169- sq ft x $500 sq ft
$ 84,500
Reinstallation of Artwork (Transportation,
TBD —Staff estimate
$150,000
Page 770 of 2938
Storage, base, site work, artist fee,
engineering, contractor, permits, etc.
based on similar projects
Estimate Cost to Reconstruct project
$234,500
"Torres Construction retumed a portion of these funds ($5,550) to the City, stating `There is
no way to fix this because the area below the fiber board has disintegrated".
On February 22, 2023, the Mayor and City Commission approved a referral to the Public Safety
and Neighborhood Quality of Life Committee sponsored by Commissioner Kristen Rosen
Gonzalez to discuss the restoration of the Beatles Mandala (Amon -Love) by artist Kevin
Arrow. At the May 23, 2023 Public Safety and Neighborhood Quality of Life Committee
meeting, staff was directed to work with the artist to propose a new work that would conceptually
memorialize the artwwrk.
On June 2, 2023 staff met with artist Kevin Arrow to discuss the possibility of commissioning a
new work in an amount up to $70,000. During this meeting, the artist was also informed and
agreed that a Resolution authorizing the deaccession the Beatles Mandala (Amon -Love) would
be placed on an upcoming City Commission agenda.
On July 25, 2023, Kevin Arrow submitted to staff a proposal for the production of a large-scale
12'x12' painting on canvas of the original artwork, Beatles Mandala (Amor--Love) in the amount
of $25,000. At the July 26, 2023 Commission meeting, a referral to the Finance and Economic
Resiliency Committee (FERC) was passed to discuss the acquisition of an artwork by artist Kevin
Arrow commemorating the Beatles Mandala (Armor --Love). This item will be heard at the September
22, 2023 FERC meeting.
FINANCIAL INFORM TA ION
The cost of artwork removal will be covered through Art in Public Places Fund 147.
Amount(s)lAccount(s):
Art in Public Places Fund 147.
CONCLUSION
Administration recommends adopting this Resolution.
Applicable Area
North Beach
• • t
•.. l: II • c- .• ft •
2179,
Page 771 of 2938
Neighborhoods - Enhance the beautification, physical appearance and cleanliness of
neighborhoods.
Legislative Trackina
Tourism and Culture
ATTACHMENTS:
Description
❑ Exhibit A Kevin Arrow PSA
❑ Exhibit B RLA Removal and Cataloging Quote
❑ Exhibit C Artwork Appraisal 2023
❑ Resolution Deaccession of Beatles Mandaia
❑ Committee Assignments C48 - July 26 2023
❑ Committee Assignments C4 L February 22 2023
Page 772 of 2938
This is an Agreement, made and entered into by and between: CITY OF MIAMI BEACH, FLORIDA, a
political subdivision of the state of Florida, hereinafter referred to as "CITY," and KEVIN ARROW, hereinafter
referred to as "ARTIST."
WHEREAS, CITY, with the support and cooperation of Miami Beach Art in Public Places, plans to
Install a visual work of art at the North Beach Bandshell Park, hereafter referred to as the "Site"; and
and
WHEREAS, pursuant to this Agreement, ARTIST will create a certain unique and original work of art;
WHEREAS, both parties wish to be represented by the Work.
NOW THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, CITY and ARTIST agree as follows:
The definitions and identifications set forth below are assumed to be true and correct and are agreed
upon by the parties.
1.1 Agreement. This document, and other germs and conditions which are Included in the exhibits and
documents that are expressly incorporated by reference.
1.2 Artist. The individual or business entity selected to perform services pursuant to this Agreement.
1.3 City. The City of Miami Beach, Florida. Unless otherwise provided in the Agreement, where certain
approvals and submissions are required from the City In this Agreement, those shall be required by
the Mayor and City Commission of the City of Miami Beach, Florida.
1.4 City Manager. Shall mean the Chief Administrative Officer of the City.
1.5 Contract AdminbVetar. The designee of the City Manager, whose primary responsibilities are to
coordinate and communkate with ARTIST and to manage and supervise execution and completion of
the Scope of Services and the terms and conditions of this Agreement, as set forth herein.
1.6 City Atbomey. The chief legal counsel for CITY who directs and supervises the Office of the City
Attorney.
1.7 Notice bo Proceed. A written Notice to Proceed for the Project issued by the Contract
Administrator.
1.8 00fa Z That certain unique and original work of art to be situated in the North Beach Bandshell
Paris and to be known as the "Beaabiles Mosaic Manatala'
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1.9 Work. Any work(s) required by Artist under this Agreement to successfully complete the Project,
9Q • •
2.1 ARTIST shall perform all Work identified in this Agreement and Exhibit A for the design, permitting,
fabrication, transportation, and Installation of the Project.
2.2 ARTIST acknowledges and agrees that the Contract Administrator has no authority to make changes
that would Increase, decrease, or otherwise modify the Scope of Services to be provided under this
Agreement.
2.3 ARTIST shall provide monthly progress reports and/or deliverables In a manner acceptable to the
Contract Administrator.
2.4 Upon installation of the Project, the ARTIST shall furnish the Contract Administrator with professional
photographic documentation showing the completed Work. Photographs shah Include the following:
Two (2) Identical sets of twelve 35mm color slkles Illustrating various aspects of the artwork
within the site.
2. Two 4x5 color transparencies.
3. Four 8x10 black and white photographs.
Slides and photographs shall be of acceptable professional quality as determined by the Contract
Administrator.
In addition to the photographic documentation referenced above, ARTIST shall also provide Contract
Administrator with any and all sketches, drawings, construction documents (if applkabie), and as -
bulk plans (if applicable) showing the completed Work.
2.5 Upon completion of the Project, ARTIST shall provide Contract Administrator with a detailed written
schedule and Instnxtions for the routine pre, maintenance, and preservation specific to the Project,
as set forth in Exhibit C, Cataloguing Form, attached and made a part hereof.
2.6 ARTIST shall be responsible for the quality and timely completlon of the Project. The ARTIST shall be
responsible for designing the artwork so that It can be constructed without exceeding the approved
overall budget.
2.7 While ARTIST agrees that an essential element of this Agreement Is the personal skill and creativity
of the ARTIST and that he Is responsible for the quality of the Project, the ARTIST may subcontract
and/or assign portions of the Work to another party subject to the prior written consent of the City.
If so transferred, ARTIST will still be held responsible for all provisions of the Work. ARTIST further
warrants that proper credit and/or compensation shall be granted to satisfy the Interest of any third
party whose creative or artistic work and/or intellectual property were used.
2.8 ARTIST agrees that all Work shall comply with all applicable Federal, State, Miami -Dade County, and
City of Miami Beach laws, ordinances, codes and regulations. ARTIST shall be solely responsible for
obtaining any required approvals and permits for the Project, although ARTIST shall not be required
to pay fees charged by reviewing agencies for such approvals and permits.
IN
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2.9 The ARTIST shall not make any public information release in connection with the Project and/or the
Work performed pursuant to this Agreement without the prior written permission of the Contract
Administrator.
2.10 The ARTIST shall take all necessary steps to coordinate the Work with any ongoing work of the CITY,
or any third party under the direction and control of the City, on or near the Site.
In the event the services of the ARTIST are combined or otherwise coordinated with services by the
City or a third party responsible to the City (and not within the control of the ARTIST), the ARTIST
shall not be responsible for such third party services. If any part of the Work depends upon proper
execution or results of work of the CITY, or a third party responsible to the CITY and not under
ARTIST's control, the ARTIST shall, prior to proceeding with the Work, promptly report in writing to
the Contract Administrator any apparent disc�panties, defects, or delays In such other work which
renders the Work unsuitable for timely and proper execution and results by d* ARTIST.
2.11 While ARTIST is solely responsible for the execution, fabrication, transportation, Inspection and/or
installation of the Project, the following provisions shall apply:
a. The Contract Administrator shall notify ARTIST of the CITY's, or any other contractor's under
the direction and control of the CITY, construction schedules In and around the area where the
Work is to be performed or Installed, if they are known by the CITY. The ARTIST shall perform
the Work In a manner and time so as not to cause Interference with any of the operations of
the CITY or such third party contractor. In the event of conflict between the schedules of a
third party contractor, CITY, and ARTIST, the conflict will be resolved by the Contract
Administrator, and the Contract Administrator's decision and resolution as to same shall be
binding upon ARTIST.
b. ARTIST shall be solely responsible for conducting any and all inspections of the Site for
purposes of ascertaining the condition of same and for the proper execution of It* Work, and
completion and installation of the Project. To the extent known or to the extent that same is In
CITY's possession, CITY shall make available to ARTIST any background materials and
Information on matters affecting the Site.
When working on the Site, ARTIST shall perform such periodic dean up as may be reasonably
requested by the Contract Administrator. Upon completion, ARTIST shall remove his
equipment, excess materials, and waste promptly from the Site, as directed by Contract
Administrator,
2.12 ARTIST shall bear any transportation and storage costs resulting from the construction, delivery and
installation of the Project.
2.13 Trtie to the Project shall pass to the CITY following the Contract Administrator's inspection of the
Work and, If the Work Is approved, upon Contractor's issuance of written final acceptance of the
complete installed Project In furtherance of the foregoing, It is understood that any risk of loss or
damage to the Work and/or the Project shall be the sole responsibility and liability of ARTIST until
such time as the Contract Administrator has issued a final written acceptance of the Project.
2.14 Upon Contract Administrator's written final acceptance of the complete Installed Project, all
documents related to the conception, proposal, fabrication, and Installation of the Project, Including
.as built" documents, shall be tamed over to the Contract Administrator and become the property of
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Page 775 of 2938
CITY. CITY shall be free to exhibit and/or reproduce these documents as a record of ARTIST'S
conception of the Work.
3.1 The term of this Agreement shall begin on the date it Is fully executed by both parties. Thereafter,
ARTIST shall diligently prosecute the Work in accordance with the Project Schedule set forth in
Exhibit A-1.
3.2 Time shall be deemed to be of the essence in performing the duties, obligations and responsibilydes
required by this Agreement.
3.3 The CITY, through the Contract Administrator, may grant a reasonable extension of time to the
ARTIST in the event that there is a delay on the part of the CITY In performing its obligations or in
completing the undertying City capital project resulting In a delay of the Site being made available to
ARTIST for proceeding with the Work, or If conditions beyond the ARTISTS control render timely
performance of the ARTISTS services Impossible or unexpectedly burdensome. All requests for
extensions of time must be submitted in writing to the Contract Administrator by the ARTIST as soon
as the delay or conditions become known and their impact is evaluated, and shall not be effective
unless approved in writing by the Contract Administrator.
3.4 Either party is excused from perforrnance and shall not be liable for any delay in delivery or for non-
delivery, in whole or in part, caused by the occurrence of a force majeure event such as hurricane,
fire, civil disobedience, riots, rebellions, explosion, flood, storm, Ads of God, and similar occurrences.
Failure to fulfill contractual obligations due to force majeures set forth in the preceding sentence will
not be considered a breach of contract, provided that such obligations shall be suspended only for
the duration of such condition.
4.1 CITY agrees to pay ARTIST, In the manner spedfied in Section 4.4 and Exhibit B, "Compensation and
Schedule of Payments", the total amount of Fifty-five Thousand Dollars ($55,000.00) for Work
actually performed, completed and accepted pursuant to this Agreement, which amount shall be the
sum total accepted by ARTIST as full compensation for the Project. No amount shall be paid to
ARTIST for reimbursable expenses.
4.2 At its sole discretion, CITY may include a contingency, not to exceed ten (10) percent of the Project
budget, to provide for unforeseen costs, inciuding but not limited to, construction delays or site
changes. This amount, In whole or in part, shall not be considered part of ARTIST'S compensation
unless otherwise agreed to in writing by botch parties, pursuant to tthe temis herein.
4.3 ARTIST may submit invoices for compensation no more often than on a monthly basis, but only after
the Work for which the invoices are submitted has been completed. An original invoice plus one copy
Is due within fifteen (15) days of the end of the month, except dw final Invoke which must be
received no later than sixty (60) days after completion of all Work by ARTIST. Invokes shall
designate the nature of the services performed and/or the expenses Incurred. A written progress
report shall accompany each invoice, describing the Work completed during that period.
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4.4 CITY shall pay ARTIST for Work satisfactorily performed and accepted by the Contract Administrator,
within thirty (30) calendar days of receipt of ARTISTS proper statement. To be deemed proper, all
invoices must comply with the requirements set forth in this Agreement and must be submitted on
the form and pursuant to Instnxtions presaibed by Contract Administrator.
4.5 Notwithstanding any provision of this Agreement to the contrary, CITY may, at the sole discretion of
the Contract Administrator, withhold, in whole or In part, a portion of any or all payment due under
the Agreement, to the extent necessary to protect itself from loss on account of inadequate or
defective work which has not been accepted by Contract Administrator, and has not been remedied
or resolved in a manner satisfactory to Contract Administrator.
4.6 Payment shall be made to ARTIST at:
Kevin Arrow
1315 Cleveland Road
Miami Beach, Florida 33141
5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by
the parties in accordance with Section 12.16.
5.2 The ARTIST shall, whenever required during the term of this Agreement, present to Contract
Administrator, in writing, drawing or other appropriate media, for further review and approval, any
significant changes in the scope, design, color, size, material, utility and support requirements,
texture, or location of the Site or of the Project. A significant change Is any change that affects the
size, quality, installation, scheduling, Site preparation or maintenance of the Project, or the concept
of the Project as represented In the original approved design.
6.1 The ARTIST warrants that (a) the Project being commissioned is the original product of the ARTIST"s
own creative efforts; and (b) unless otherwise stipulated, the Project is original, or In other words, an
edition of one (1).
6.2 The ARTIST warrants that reasonable maintenance of the Project will not require any extraordinary
procedures; and that ARTIST shall deliver the Project to the CITY free and dear of any liens from any
source whatsoever.
6.3 The ARTIST warrants that he shall faithfully perform the Work In accordance with standards of care,
skiil, training, diligence and judgment provided by highly competent professionals who perform work
of a similar nature.
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7.1 CITY shall assist ARTIST by providing, upon ARTISTS request, all public inforniation It has in its
possession pertaining to the Site.
7.2 CITY shall:
a. arrange for access so that ARTIST may enter upon the Site as required for ARTIST to perform
the Work under this Agreement;
b. give prompt written notice to ARTIST whenever the CITY becomes aware of any deveiopment
that affects the scope or timing of the Work;
c. arrange public meetings and consultations as needed for the ARTIST to fulfill the ARTISTS
obligations under this Agreement;
d. review materials submitted pursuant to Exhibit A in a reasonably timely manner;
e. prepare and install, at its expense, a plaque or sign identifying the ARTIST, the tide of the
Project, materials used, year of completion, and a narradve explanation of the Project, including
ARTISTS credits, and reasonably maintain such notice In good repair;
f. reasonably assure that the Project is properly maintained and protected, taking into account the
recommendations of the ARTIST, as stated In the Cataloging Form provked by the ARTIST; and
7.3 As part of the Project, ARTIST acknowledges a need for sub -flooring, a retaining wall with perimeter
pavers, and proper illumination. ARTIST has the option of the following, and shall provide CITY with
timely written notice of one of the following options:
a. ARTIST agrees to hire licensed professionals, Including but not limited to a licensed professional
engineer or architect registered in the State of Florida and a licensed General Contractor (as said
term is defined in the Florida Statutes) to design, permit and construct the aforestated sub -
flooring, retaining walls and illumination items. CITY agrees to allocate an additional amount not
to exceed, Ten Thousand dollars ($10,000.00) for this purpose. Such portion of the Work shall be
done In accordance with the Florida Building Code and any other requirements imposed by any
other regulatory agency with applicable jurisdiction. All appropriate approvals, licenses and
permits shall be obtained by and shall be the sole responsibility of ARTIST, and ARTIST shall
provide Contract Administrator with proof of same prior to commencement of design and
permitting and, thereafter, construction of the Work. In the event that ARTIST does not comply
with the preceding requirement, the City shall have no obligation to reimburse ARTIST pursuant
to the sum allocated, as provided herein, or otherwise compensate ARTIST for any costs for
portion of Work associated with this subsection 7.3(a).
-or-
b. CM shall construct, or shall cause to be constructed, the sub -flooring, retaining wall with
perimeter pavers, and proper Illumination for the Work. In connection therewith, CITY shall only
be required to fund a maximum of Ten Thousand Dollars ($10,000.00) for the provision and
installation of said sub -flooring, retaining wall with pavers, and Illumination. Should ARTIST elect
to utilize CMS services to provide these items under this option, ARTIST agrees to accept these
items in a time and manner that is at the full discretion of the CITY. ARTIST agrees to waive any
0
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and all claims for defects, or for delays or damages related to CITY'S failure to provide these
items in accordance with ARTIST'S time table, except as provided for In section 3.3.
8.1 It is understood that the specific location of the Project and its permanent public installation is
integral to this Agreement. CITY agrees to make all reasonable efforts to maintain the Integrity of
the Project as defined by Its location. The City will not knowingly make any use of the Project in a
manner which would reflect unfavorably on ARTIST"s name or reputation as an artist or which would
violate the spirit of the Project or interfere with its creative intent.
8.2 CITY shall make a diligent effort to notify ARTIST of any proposed CITY action that would remove the
Project from the Site, or have the result of irreparably damaging or destroying the Project, by
providing notice to ARTIST by registered mall at the nwst recent address submitted by ARTIST and
on file with the CITY. In that event, CSTY shall offer the ARTIST the option of removing the Project
from the Site, at no charge to ARTIST for the Project itself, provided that ARTIST will move and/or
transport the Project from the Site at its sole cost and expense, and CITY shall have no liability to
ARTIST as to the means and method of removal and transport, and shall have no liability to ARTIST
in the event the Project is damaged or destroyed in the process. In the event that ARTIST falls,
within ninety (90) days of receipt of such notice, to remove the Project, CITY shall have the right to
proceed with the removal of the Project. In the event that CITY makes a diligent, good faith attempt
without success to notify the ARTIST of its Intended action, CITY shall have no further liability to
ARTIST under this Agreement, or as to the Project, and ARTIST shall be deemed to have waived any
and all daims that he may have against CITY, as a result of damage or destruction of the Project.
The provisions of this subsection 8.2 shall be non -transferable and only apply as to ARTIST, and shall
not apply or be enforceable by any heirs, successors, assignees, and/or other transferees and / or
successors in interest of ARTIST.
8.3 CITY agrees to take such measures as are reasonable to maintain the Project, which includes
maintenance and repair of each and every component part. CITY shall have the right to determine,
after consultation with a professional conservator, when and if repairs and restorations to the Project
will be made. During ARTIST°s lifetime, CITY shall not repair the Project without consulting with the
ARTIST. CITY shall attempt to notify ARTIST In the same manner as provided in subsection 8.2
above and, in the event the CITY makes a diligent, good faith attempt without success to notify
ARTIST of Its Intended action, CRY shall have no further liability to ARTIST under this Agreement, or
as to the Project, and ARTIST shall be deemed to have waived any and all claims that he may have
against CITY, as a result of subsequent repairs or restoration to the Project, or in the event damage
or destruction of the Project pursuant to this subsection 8.3. To the extent practical and during
ARTIST's lifetime, the CITY, may In its reasonable discretion, consider ARTIST in making or
personally supervising significant repairs, and, if CRY so deems ARTISTS participation is necessary,
ARTIST shall be paid a reasonable fee for any such services, provided that CITY and ARTIST shall
agree In writing, prior to the oommencement of any significant repairs or restorations upon ARTIST'S
fee for such services all repairs and restorations shall be made in accordance with recognized
principles of conservation.
-7-
Page 779 of 2938
9.1 Neither the whole nor any portion of the Project, shall be the subject of any application for copyright
or patent by or on behalf of the ARTIST without the prior written consent of the CITY. If such
consent is given, and notwithstanding such rights, ARTIST hereby grants to CITY a non-exclusive,
perpetual, Irrevocable, and royalty free license to reproduce, make, print and/or publish
photographic, fill med or videotaped reproduce, make, print and/or publish photographic, filmed or
videotaped reproductions and other two-dimensional likenesses of the Project and/or the proposals
for the Project for such purposes as determined solely ty the CITY in its reasonable discretion. In this
connection, it is understood that public promotional and advertising uses are without limitation. It is
also understood that either of the parties to this Agreement may also permit photographic, filmed,
videotaped or other reproductions of the Project to appear as editorial matter In newspapers,
magazines, periodicals, books, motion pkture films and/or videotaped Elms. In connection with any
such reproduction and publication by any party, that party shall arrange for appropriate credit
identffying the name of the ARTIST as the Project's creator, the title of the Project, the materials,
dimensions, and the location thereof.
9.2 ARTIST agrees that all Work performed under this Agreement shall comply with all applicable patent,
trademark and copyright laws, rules, regulations and codes. The ARTIST further agrees that the
Work will not utilize any protected patent, trademark or copyright unless ARTIST has obtained proper
permission and all releases and other necessary documents.
9.3 If the ARTIST uses any protected material, process or procedure, the ARTIST shall disclose such
patent, trademark or copyright in the construction drawings and technical specifications.
10.1 This Agreement may be terminated for cause by CITY, through the Contract Administrator, or by
ARTIST, upon thirty (30) days prior written notice by the party that elected to terminate.
10.2 Termination of this Agreement for "cause" shall include failure to continuously perform the Work in a
timely manner calculated to meet or accomplish the objectives of CITY as set forth in this Agreement,
a breach of the provisions of this Agreement (notwithstanding whether any such breach was
previously waived or cured), or any other reason necessary to protect the health, safety, or welfare
of the general public.
10.3 Notice of termination shall be provided in accordance with the NOTICES section of this Agreement
except that notice of termination which Contract Administrator deems necessary m probed the public
health, safety, or welfare may be by verbal notice which shall be promptly confirmed In writing in
accordance with the NOTICES section of this Agreement.
10.4 The death or permanent incapadty of the ARTIST shall automatically terminate this Agreement.
Neither the ARTIST nor the ARTIST's estate shall have any further right to perform hereunder. The
CITY shall pay the ARTIST's estate the compensation payable for any Work rendered prior to such
termination not heretofore paid, reduced by the amount of additional costs that shall be Incurred by
the CITY by reason of such termination.
ra
Page 780 of 2938
:► •
ORMI • W:►� 'al �• • •••
CITY shall have the right to audit the books, records, and accounts of ARTIST that are related to this
Project. ARTIST shall keep such gooks, records, and accounts as may be necessary in order to
record complete and correct entries related to the Project.
ARTIST shall preserve and make available, at reasonable times for examination and audit by CITY, all
financial records, supporting documents, statistical records, and any other documents pertinent to
this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla.
Stat.), If applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of
three (3) years after termination of this Agreement. If any audit has been initiated and auditfindings
have not been resolved at the end of the retention period or three (3) years, whichever Is longer, the
books, records, and accounts shall be retained until resolution of the audit findings. If the Florida
Public Records Act is determined by CITY to be applicable to ARTISTS records, ARTIST shall comply
with all requirements thereof; however, no confidentiality or non -disclosure requirement of either
federal or state law shall be violated by CITY or ARTIST.
ARTIST shall not unlawfully discriminate against any person in its operations and activities or in its
use or expenditure of funds In fulfilling its obligations under this Agreement. ARTIST shall
affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, Including Titles I and II of the ADA (regarding
nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards.
In addition, ARTIST shall take affirmative steps to ensure nondiscrimination in employment against
disabled persons. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of
pay, other forms of compensation, terms and conditions of employment, training (including
apprenticeship), and accessibility.
ARTIST's decisions regarding the delivery of services under this Agreement shall be made without
regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin,
marital status, physical or mental disability, political affiliation, or any other factor whk:h cannot be
lawfully used as a basis for service delivery.
ARTIST shall not engage in or commit any discriminatory practice in violation of the Miami Beach
Human Rights Ordinance in performing any services pursuant to this Agreement.
11.3 PUBLIC ENTITY CRIMES ACT
ARTIST represents that the execution of this Agreement will not violate the Public Entity Crimes Act
(Fla. Stat §287.133), which essentially provides that a person or affiliate who is a contractor,
consultant or other provider and who has been placed on the convicted vendor list frolkmring a
conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or
services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a
public building or public work, may not submit bids on leases of real property to CITY, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with CM, and may not transact any business with CITY In excess of the threshold amount provided
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Page 781 of 2938
In Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the
date of being placed on the convicted vendor list. Violation of this section shall result in termination
of this Agreement and recovery of all monies paid hereto, and may result In debarment from CITY'S
competitive procurement activities.
In addition to the foregoing, ARTIST further represents that there has been no determination, based
on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a public entity
crime and that It has not been formally changed with committing an act defined as a public entity
crime regardless of time amount of money involved or whether ARTIST has been placed on the
convicted vendor list.
ARTIST Is an Independent contractor under this Agreement. Services provided by ARTIST pursuant
to this Agreement shall be subject to the supervision of ARTIST. In providing such services, neither
ARTIST nor Its agents shall act as officers, employees, or agents of the CITY. This Agreement shall
not cons Wte or make the parties a partnership or joint venture, and furthermore, this Agreement
does not constitute a work for hire arrangement or agreement.
Neither ARTIST nor CITY intends to directly or substantially benefit a third party by this Agreement.
Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no
third party shall be entitled to assert a daim against either of them based upon this Agreement. The
parties expressly acknowledge that It Is not their intent to create any rights or obligations In any third
person or entity under this Agreement.
►.O y ..
Whenever elther party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a
request for a written receipt of adamowledgment of delivery, addressed to the party for whore It is
intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the present, the parties
designate the following:
Art in Public Pfaces with copies to:
City of Miami Beach City Manager
1700 Convention Center Drive City of Miami Beach
Miami Beach, FL 33139 1700 Convention Center Dnve
Attn: Dennis Leyva Miami Beach, Florida 33139
Kevin Arrow
1315 Cleveland Road
Miami Beach, Fbrlda 33141
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Page 782 of 2938
ARTIST shall not assign, transfer, or encumber all or any portion of this Agreement without the prior
written consent of the CITY.
ARTIST represents that all persons delivering the services required by this Agreement have the
knowledge and skills, either by training, experience, education, or a combination thereof, to
adequately and competently perform the duties, obligations, and services set forth in the Scope of
Services and to provide and perform such services for the agreed compensation.
ARTIST shall perform Its duties, obligations, and services under this Agreement in a skillful and
respectable manner, The quality of ARTIST's performance and all interim and final product(s)
provided to or on behalf of CITY shall be comparable to the best local and national standards.
► 1 alb
Neither ARTIST nor its employees shall have or hold any continuing or frequently recurring
empkryment or contractual relationship that is substantially antagonistic or Incompatible with
ARTIST's loyal and conscientious exercise of judgment related to Its performance under this
Agreement.
ARTIST agrees that none of its offloers or employees shall, during the term of this Agreement, serve
as an expert witness against CITY In any legal or administrative proceeding In which he or she is not
a party, unless compelled by court process. Further, ARTIST agrees that such persons shall not give
sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is
adverse or prejudicial to the Interests of CITY in connection with any such pending or threatened
legal or administrative proceeding. The limitations of this section shall not preclude ARTIST or any
other persons from representing themselves in any action or In any administrative or legal
proceeding.
r �� ►11 ►
ARTIST warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for ARTIST, to solicit or secure this Agreement and that It has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for ARTIST, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For a breach or violation of this
provision, Board shall have the right to terminate this Agreement without liability at its discretion, or
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
� :!M
The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision
or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not
be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the
berms of this Agreement.
ARTIST and CITY shall comply with all federal, state, and kx:al laws, codes, ordinances, rules, and
regulations in performing its duties, responsibliities, and obligations related to this Agreement.
SEE
Page 783 of 2938
In the event this Agreement or a portion of this Agreement Is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CTTY or
ARTIST elects to terminate this Agreement. The election to terminate this Agreement based upon
this provision shall be made within seven (7) days after the finding by the court becomes final.
! rr
The parties hereto acknowledge that they have sought and received whatever competent advice and
counsel as was necessary for them to form a full and complete understanding of all rights and
obligations herein and that the preparation of this Agreement has been a joint effort of the parties,
the language has been agreed to by parties to express their mutual intent and the resulting
document shall not, solely as a matter of judidal construction, be construed more severely against
one of the parties than the other.
If there Is a conflict or inconsistency between any term, statement, requirement, or provision of any
exhibit attached hereto, any document or events referred to herein, or any document incorporated
into this Agreement by reference and a term, statement, requirement, or provision of this
Agreement, the term, statement, requirement, or provision contained in Articles 1 through 13 of this
Agreement shall prevail and be given effect.
i=1029111114UMIN: ► :.► rr
This Agreement shall be interpreted and construed in accordance with and governed by the laws of
the State of Fli i . Venue for Iltilgation concerning this Agreement shall be in Miami Dade County,
Florida. BY ENTERING INTO THIS AGREEMENT, ARTIST AND CITY EXPRESSLY WAIVE ANY RIGHTS
THEY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT
OF, THIS AGREEMENT.
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as this
Agreement and executed by the City Commission, if over $25,000 or the City Manager, if less than
$25,000, and ARTIST.
e vi : ►&g,
This document incorporates and Includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Acoordingiy, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. It Is further agreed that no modification, amendment or alteration in the terms or
concl t ns contained herein shall be efh?ctive unless contained In a written document in accordance
with Section 12.16 above.
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Page 784 of 2938
This Agreement may be fully executed in three (3) copies by all parties, each of which, bearing
original signatures, shall have the force and effect of an original document
11.19 INSURANCE
ARTIST shall maintain, at its sole cost and expense, the following types of insurance coverage at all
times throughout the berm of this Agreement or until final acceptance of the Project by the Contract
Administrator, whichever is later, only if ARTIST exercises the option provided for In section 7.3:
a. Comprehensive General Liability in the minimum amount of Three Hundred Thousand
($300,000) dollars per occurrence bodily injury, death, property damage, and personal
injury. This policy must also contain coverage for premises operations, products and
contractual liability.
b. Contractors must submit proof of Workers' Compensation and Employer's Liability In the form
of a Certificate of Insurance. All other State regulations apply.
C. Automobile Insurance Is required In the amount of Three Hundred Thousand ($300,000)
dollars if ARTIST will be parking vehicles on public property, which Is not a designated public
parking space, to unload materials/supplies.
The City of Miami Beach must be named as an additional Insured and policyholder on all Insurance
certificates Issued. All Insurance policies must be issued by companies that are authorized to do
business in the State of Florida, and have a rating of B+VI or better In the current edition of Bests
Key Rating Guide.
The policies of insurance referred to above shall not be subject to cancellation or changing coverage
except upon at least thirty (30) days prior written notice to the CITY, and then only subject to the
prior written approval of the Contract Administrator. Prior to the Commencement Date of this
Agreement, ARTIST shall provide Contract Administrator with a Certificate of Insurance for each such
policy. ALL POLICIES SHALL NAME THE CITY OF MIAMI BEACH, FLORIDA AS AN ADDITIONAL
NAMED INSURED. All such policies shall be obtained from companies authorized to do business in the
State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's
Risk Manager, and arty replacement or substitute company shall also be subject to the approval of
the City's Risk Manager. Should ARTIST fail to obtain, maintain or renew the policies of Insurance
referred to above, In the required amounts, the CITY may, at its sole discretion, obtain such
Insurance, and any sums expended by CITY in obtaining said insurance, shall be repaid by ARTIST to
CITY, plus ben percent (10%) of the amount of premiums paid to compensate CITY for its
administrative costs. If ARTIST fails to repay C1TY's expenditures within fifteen (15) days of demand,
the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such
failure shall be deemed an event of default hereunder.
Notwithstanding the Insurance requirements in this subsection 11.19, ARTIST shall be solely
responsible for the safe keeping and preservation of any and all Work, and of the Project, and
shall be solely responsible and liable for any risk of loss or damage to any and all Work,
and/or to the Project, up to the CITY's final written acceptance of the Project. In the event that
all or any portion of the Work, or the Project, Is lost, stolen, damaged, or destroyed (whether in
whole or In part) prior to the CITY's final written acceptance of the Project, ARTIST shall be
solely responsible for undertaking such corrective measures as shall be deemed reasonably
necessary by the CITY, to repair, replace, redo, and/or restore any and all lost, stolen,
damaged, and/or destroyed (as the use may be) portions of the Work, or of the Project, and
such measures shall be undertaken In accordance with means and methods, as well as a
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Page 785 of 2938
completion schedule, as shall be approved by the Contract Administrator, such approval not
to be unreasonable withheld. Further, such measures shall be unclertoken at ARTIST's sole
cost and expense, at no additional cost, and/or IlabUity to the CITY.
r ► o: 4 r ► a . 1W►
ARTIST agrees to Indemnify and hold harmless the CITY OF MIAMI BEACH and its df m, employees
and agents, from and agMnst arty and M actions, daims, liabilities, losses, and expenses, Including, but
not knited to, attorneys' fees, for personal, eomnomic or bodily Injury, wrongful death, loss of or
damage to property, at law or in equity, which may arise or be alleged to have arisen from the negligent
ads, errors, omissions or other negligent conduct of the ARTIST, its employees, agents, sub -
consultants, or any other person or entity ailing under ARTISTS control, in connection with the
ARTIST's performance of the Work pursuant to this Agreement; and to that extent, the ARTIST shall
pay all such claims and losses and shall pay all such costs and judgments which may Issue from any
lawsilt arising from such claims and losses, and shall pay all costs and attorneys` fees e g ended by the
CITY in the ddense of such claims and losses, Including appeals, The parties agree that one percent
(1%) of the total to the ARTIST for performance of the Work under tits Agreement Is the
specft consideration from the CITY to the ARTIST for the ARTISi's Indemnity Agreement.
The ARTIST's obligation under this Subsection shall not include the obfigabon to Indemnify the CITY OF
MIAMI BEAOi and Its officers, empbyees and agents, from and against any actions or claims which
arise or are alleged to hales arisen from negligent acts or omissions or other negligent conduct of the
CITY and Its 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.
[The rest of this page Is left Intentionally blank)
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Page 786 of 2938
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature: City ow; Miami Beach, Florida, slgning by and through its Mayor, authorized to
execute same by the Clty Commission, and ARTIST, duly authorized to execute same.
day of JUiy 2004
A NA&IA-,
APPROM As TO
FORM A LANGUAGA
A FOR DICUTWN
ARTIST
Ztevin Arrow
22 day of :;�%j "4— 2004
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Page 787 of 2938
l
ARTWORK/PROJECT: Beatles Mosaic Mandala
PURPOSE: ARTIST will design, fabricate and install an artwork/Project to commemorate the Fortieth
Anniversary of the appearance of the Beatles on Miami Beach In 1964.
LOCATION OF FACILITY/SITE: North Shore Bandshell Park, between 72nd and 73rd Streets on Collins
Avenue, Miami Beach, Florida.
ADMINISTRATIVE COORDINATION: The CONTRACT ADMINISTRATOR may designate a pubic art
project manager. The ARTIST shall maintain regular communication with the public art project manager via
phone, fax, letter or e-mail.
DESIGN COLLABORATION: During the design of the artwork, the ARTIST shall collaborate and coordinate
with the Contract Administrator or his/her designated public art project manager, and the C1TY's designated
Archftect/Engineer, Construction Manager, and General Contractor, respectively, at the Facility/Site. The
design of the artwork shall be coordinated with the Facility/Site design process In the following areas:
aesthetics, public presentations, construction documents, cost estimates and Fadlity project schedules.
Should the design of the artwork require spedalized professional services, the ARTIST shall hire an
appropriate sub -consultant and/or sub -contractor subject to the prior written approval of the Contract
Administrator. Upon approval of the artwork design, the ARTIST shall create independently all necessary
construction documents for the art and ancillary/support fadlities needed to install the art as required by the
CITY and/or applicable laws and codes; or provide all necessary Information on a timely basis in the event
that relevant components of the artwork design must be incorporated into the final construction documents
for the Fadlity, If appropriate.
CONSTRUCTION AND INSTALLATION COORDINATION: During the construction of the Fadlity and the
installation of the artwork, the ARTIST shall collaborate and coordinate with the Contrad Administrator or
his/her designated public art project manager, and the CITY's designated Fadlity Architect/Engineer, the
Construction Manager, and the General Contractor. The ARTIST shall coordinate the installation of the
artworks with the Facility construction schedule and install the artwork in compliance with the Fadlity
constrtxtion documents. The ARTIST shall be responsible for construction oversight during the fabrication and
Integration of all artist -designed components, whether fabricated by ARTIST's subcontractors or Inducted in
construction documents to be fabricated and installed by others.
DELIVERABLES: the ARTIST shall provide the following deliverables:
The ARTIST shall provide documentation of background research Involving site specific
environmental and cultural elements, site documentation, and future users of the Facility.
The research phase includes two, two-day, site visits for meetings, Induding an Initial
orientation visit, a coordination meeting with the design team, and community
representatives and partner agency presentation meeting(s).
I-B Congptual Design. The ARTIST shall develop a conceptual design proposal and shall secure its
approval by the Miami Beach Art In Public Places Professional Advisory Committee for the Project, as
folk)ws:
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Page 788 of 2938
1. The ARTIST shall personally present the conceptual design proposal to the Professional
Advisory Committee.
2. This phase of work indudes a site visit for presentation to the Professional Advisory
Committee and coordination with the design team.
I-C Design Development. The ARTIST shall complete the design development of the approved artwork
conceptual design and shall secure its approval from the CONTRACT ADMINISTRATOR. Approval
and notice to proceed on fabrication shall occur after an architectural coordination review and
submittal of all artwork design development deliverables. Based on the requirements of the
approved artwork conceptual design, the CONTRACT ADMINISTRATOR can waive the submittal of
any unnecessary design development deliverables or postpone the submittal to the fabrication and
installation phase.
1. The ARTIST shall submit final design drawings for fabrication, artist proofs, material samples,
artwork and artwork support specifications for indusion in Facility construction documents,
verified cost estimate, sub -contractor list, building permits, and a fabrication and installation
schedule.
2. If the verified cost exceeds the budget, the artist Is obligated to redesign the artwork to fit
within the established budget induslve of all payments to the ARTIST.
3. This phase Includes a Slte visit for coordination and presentation purposes.
I-D Fabrication and Installation. The ARTIST shall fabricate, deliver and Install all artwork and artwork
support components as per the approved design development drawings.
I-E Final Conservation Documents. The ARTIST shall submit all photographic documentation and
completed cataloguing forms. If the ARTIST utilizes computer technology in the fabrication of the
artwork, the ARTIST will submit electronic copies of any computer files that will support on -going
operations or future repairs and conservation of the artwork.
COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated
components, the ARTIST shall be responsible for obtaining flnai approval from the CONTRACT
ADMINISTRATOR.
PHOTOGRAPHIC DOCUMENTATION: Professional photo -documentation suitable for publication shall
Indude Images of all major aspects of the entire project. The artist-supplled photo -documentation shall be
reproducible, at no cost to the City, for any and all applicable uses by the City.
COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: In the development of the artwork
design, the ARTIST shall research the relevant concerns and Interests of the CITY, future users of the Facility
and the surrounding community. The ARTIST shall participate In at least one community meeting and two
other public meetings, as shall be determined by the CONTRACT ADMINISTRATOR.
TIMELINE FOR COMPLETION: ARTIST shall be aware of Facility design and construction timellnes and
shall ensure that all artwork components are completed and Installed according to the established schedule.
PERMITS: It shall be ARTIST'S responsibility, where applicable, to obtain all necessary permits as required
In cooperation with the Architect and General Contractor, and provide proof of same to the Contad
Administrator prior to fabrication. The CITY agrees to pay for any required permit fees.
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Page 789 of 2938
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Page 790 of 2938
ARTIST wili be paid the specified installment, upon submitting invoice and documentation substantiating
satisfactory completion of each phase of Work and upon the CITY's acceptance of said portion of the Work as
detailed in the installment invoice. CITY shall pay ARTIST the total sum of Fifty-five Thousand Dollars
($55,000.00) for Work that shall indude all costs associated with design development and fabrication of the
artwork, materials, labor by sub -consultants and subcontractors, delivery and installation. The CITY agrees to
compensate ARTIST an additional Ten Thousand Dollars ($10,000.00) if ARTIST undertakes the additlonal
elements noted in Section 7.3 (a) of the Agreement.
Payments to ARTIST shall be made for Work satisfactorily oompleted according to the following schedule:
1. Twenty Thousand Dollars ($20,000.00), which is approximately 36.36% of the fixed fee, to be paid
upon execution of this Agreement.
This amount Increases to Thirty Thousand Dollars ($30,000.00) if ARTIST designs and constructs the
elements as described In Section 7.3(a) of the Agreement.
2. Fifteen Thousand Dollars ($15,000.00), which is approximately 27.27% of the fixed fee, to be paid
upon submission to and acceptance by the CONTRACT ADMINISTRATOR of all conceptual design
deliverables as written In the scope of work and obtaining approval of the artwork conceptual design
proposal from the Art in Public Places and the City Commission.
3. Ten Thousand Dollars ($10,000.00), which is approximately 18.18% of the fixed fee, to be paid upon
submission to and approval by the CONTRACT ADMINISTRATOR of photographic documentation
demonstrating that the artwork is 100% fabricated. At Contract Administrator's sole option, Contract
Administrator may deem that a physical Inspection of the artwork is warranted prior to acceptance and
payment, and ARTIST shall make the artwork avaliable to Contract Administrator.
4. Ten Thousand Dollars ($10,000.00), which Is approximately 18.18% of the fixed fee, to be paid upon
delivery, installation, and acceptance of the artwork.
RESERVE FOR PROMOTION AND CONTINGENCIES: ARTIST has agreed to fully perform the Scope of
Services set forts, in Article 2 for the total compensation set forth In Section 4.1 above. Flowerer, promotional
cost may be allocated, and unforeseen cost may be considered Insofar as construction delays or Site changes
or other events which are beyond the control of and are not the fault of ARTIST may adversely affect
ARTIST'S costs. Therefore, CITY has set aside a promotion and contingency reserve amount of Five
Thousand Dollars ($5,000.00) that may, in the sole discretion of CITY, be paid to ARTIST In whole or in part,
or may be used for otter Project costs. Any additional compensation paid to ARTIST from the contingency
reserve shall be pursuant to written documentation in accordance with Section 11.16 of the Agreement and
that the document shall be signed by the Contract Administrator and the ARTIST. For purposes of this
Section, unforeseen costs shall not Include expenses that the Contract Administrator reasonably determines
should have been contemplated by ARTIST when developing the Project budget, including the original design
and related artwork budget.
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Page 791 of 2938
EXHIBIT C
1.Artist Infoffnation
A. 1. Name:
2. Name you want to use on label and PR materials, if differs from above:
B. Date of Bfrtft:
C. Place of Birth:
D. Address, e-mail, web site:
E. Contact Phone numbers
Business:
Home:
Fax:
F. One paragraph biography of artist:
II. Worst of Art
A. Title:
B. Medium:
C.1. Dimensions In Inches or ce-kimeters:
H: W: D:
2. Image with frame (N any):
H: W: D:
D. Frame Description:
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Page 792 of 2938
E. Inscription, marks:
F. In case of portable and multiple artwork, note on artist preference for dlspiay (ex:
sequential series, installation height, spacing, etc...):
G. Artwork with electronic components used:
-Name of item:
-Manufacturer info (address, telephone, fax, e-mall):
-Supplier Info (address, telephone, fax, e-mail):
H. Artists statement:
A. Material(s) used In Artwork:
B. Maberial Finish:
C. Materials used in the presentation of the project (maquette):
D. Fabricators (name, address, phone, fax, a -mail, web site):
E. Fabrication nwAhod (attach diagrams or drawings):
F. Architect/Engineer (name, address, belepIvne, fax, e-mail):
-21-
Page 793 of 2938
IV. Installaton
A. Instailation executed by (name, address, phone, fax, a -mail, website):
S. Installation method (attach diagram of substructure, footings):
C. Date of Installation:
A. Describe physical positioning of the artwork:
B. Desaibe existing environmental factors which may affect the condition of the artwork:
C. If the work is site-specifk:, describe the relationship of the work to Its site:
VI. Mainbmnce (attach schedule of maintenance for specific items: light bulb, elecrtronics etc...)
A. Short-term:
B. Long -berm:
C. Note desired appearance of the artwork:
VII: Digital copies for use in repair of sound art and graphic reproduction:
Signature
Date
-22-
Page 794 of 2938
CONDITION ASSESSMENT REPORT
KEVIN ARROW - BEATLES MANDAL4 (AMOR = LOVE)
Prepared for. City of Miami Beach, Art in Public Places
1755 Meridian Ave.,
Suite 500,51" Floor
Miami Beach, FL 33139
Attn:Joshua Carden
Art in Public Places Coordinator
305.673,7577 Ext. 26127
JoshuaCarden@MiamiBeachFL.gov
Prepared by: Caroline Dickensheets, Conservator
cdickensarosalowinger.com
Rosa Lowinger, Chief Conservator
Date of Assessment: August 13, 2021
Date of Proposal: May 6, 2022
RLA Conservation Inc. is pleased to submit the following proposal to Josh Carden at the City of
Miami Beach for the removal of Kevin Arrow's mosaic Beatles Mandala (Amor = Love), located at
the North Miami Beach Bandshell Park. RLA Architectural Conservator Caroline Dickensheets
assessed the artwork on August 13, 2021. This assessment recommended that the mosaic be
removed and reinstalled in an appropriate location. This piece was last treated by RLA in 2015
when it was cleaned and a grout sealant was applied following testing.
Record photographs are included in this document. Additional digital photographs were taken
during the assessment. To access, please copy and paste the following link into your browser:
https://www.dropbox.com/Sh/0rOr7/f7vfisn 15/AABTNLrbiH8ng0ouTBCGWwTZa?dl=0
Artist: Kevin Arrow
Title: Beatles Mandala (Amor = Love)
Date: 2014
Materials: Glass mosaic tile, grout
Overall Dimensions: 14' x 14'
DESCRIPTION: The artwork consists of a glass tile mosaic set into a concrete slab on the ground.
The surface of the mosaic is essentially flush with the adjacent concrete border. The artwork
measures 13' x 13' while the overall concrete slab is 14' x 14'. The glass tiles are bright in color
and highly reflective. The majority of the tiles are'h" squares. The grout appears to be light to
medium gray and sanded. There is an approximately 112" wide grout border between the outer
.,os r,nge es: t4'_8 Pac-ard Street • _cs Angeles, CA :00-9
Miam'_ Studio: S52 NW 71.1' Street "!:ari, EL 33150
32.3.377.8425 305.b!3.7G1'-
http://rlaconservation.com
Page 795 of 2938
edges of the mosaic and the concrete border. The visible surfaces of the concrete consist of a
pink/red binder and white, cream, and light gray aggregate. The mosaic is situated in a grassy area
in close proximity to the ocean. Trees overhang the piece, but it does receive intermittent sunlight
over the course of the day.
CONDITION:
Overall, the mosaic is in fair to poor condition. During this assessment, several conditions were
initially noted. These included: tile loss, delaminating tiles, water pooling, soiling, algae growth.
These conditions suggest a larger problem with the installation of the mosaic. Most significant of
all is that the mosaic does not sit on a flat surface. There is a recessed area on the southeast side of
the mosaic that collects standing water. Water has also collected in areas where there are
displaced tesserae indicating that water has penetrated the entire mosaic. Deterioration is not
limited to the area where sitting water was visible during this assessment.
Approximately 5-8% of the tesserae are displaced or missing altogether. Several large sections of
tile are missing in each color. Many of these losses occur throughout the mosaic with no
identifiable pattern; however, there are 2-3 areas of linear losses. In these areas, there are linear
losses spanning a width of 1-6 tesserae that suggest their detachment could possibly correspond to
a subsurface condition. Underlying conditions could include pooling of water or an additional
fault with the concrete pad and/or bedding mortar.
Grout remains overall but is missing where there are larger areas of missing tesserae. In instances
where only one or two tesserae have been displaced, the grout line appears to remain in place.
Bedding mortar also appears to remain in most locations. The fiberglass mesh is visible in some
areas but appears to be missing in areas where tesserae are lost. This condition suggests that the
issue appears to be one of poor bonding between the tesserae and the bedding mortar.
Where the tesserae have been displaced, adjacent tesserae pop out with ease. Approximately 50%
of the tesserae remain securely attached, specifically if the adjacent tesserae are secure as well.
The intact tiles are in fair condition with no delamination or breakage observed. There are multiple
areas of minor repairs. These include tesserae that have been reattached using an unknown (likely
commercial grade) adhesive. Areas such as these are minimal and though the material are likely
incompatible with the original, they do not appear to be causing additional deterioration to the
mosaic. In general, the surface is slightly dirty with debris and the grout is stained a dark grey
color. Algae was visible where the tesserae had been displaced, Iikely due to the stagnant water
and prolonged periods of shade, which are favorable to micro biological growth.
This mosaic has been problematic almost since it was installed. The underlying issue in its damage
seems most likely to be the result of the concrete slab onto which it has been set, which was not
canted to slough off water. Standing water appears to be the issue in the deterioration of the
artwork. The areas of tesserae detachment clearly correspond to dips in the mosaic surface.
Los Angeles Stud'.o: 5118 Packard Street • :,cs Angeles, CA 90019
Miami Studio: 652 NW 71" Street • Mlami FL 33150
323.311.842b • 30-:)13.101�
Page 796 of 2938
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Moreover, there does not appear to be any drainage on the slab itself that might help mitigate this
condition. Rainwater appears to be the main source of the puddling, however, given that the
artwork sits within a grassy space, it may also be impacted by sprinkler water, which adds another
layer of environmental deterioration. The good news for the work is that the tesserae themselves
are not exhibiting damage. No breakage of the tesserae or delamination of the top surfaces of glass
were observed. The tesserae themselves were well fabricated.
Though in general we are of the opinion that this mosaic was set on an improper bedding support
to begin with, that was poured improperly and within a space that introduces sprinkler water in
addition to rain, the tiles themselves should be salvageable. Removal of the mosaic and
reinstallation in a new location is the preferred course of action. The proposed work is outlined
below.
SELECT CONDITION PHOTOGRAPHS:
Standing water on southeast side of the mosaic.
Detail of missing tesserae both spread out and in a linear
pattern as seen in the center of the image.
Detail of pooling water with visible algae on the grout and
in areas where tiles have been displaced.
Detail of file loss, standing water, dirt, and debris sitting on
the mosaic
=os Ange:es .1=1d:c: .:c Packard __ree: • Los Anne -es, ^A :C;0;9
M4am_ St-;d:o: 3—S2 NW 7: S:ceet • Ylard, �1, 33:5;
323. 3,' . 94--., • 3.0 . 5 13. 10 ; .
tztp://riaconsc:vaL:on.com
Page 797 of 2938
Cis re
Detail of visible fiberglass mesh
Detail of the bedding mortar and underlying fiberglass and
mesh.
PROJECT OBJECTIVE: To face and remove the mosaic for long-term storage until a new location for
reinstallation can be determined.
PROPOSAL FOR REMOVAL:
Phase l — feasibility/lnvestigation Phase:
1. Document the treatment with a written report and high -resolution digital photographs
before and after treatment.
2. Select area for test removal. Area will be approximately 1'xl'.
a. We recommend selecting an area that appears to be sound/stable, as these areas
may be the most challenging to remove. Other areas that are already compromised
will most likely be less difficult to de -install.
3. Clean the surface of the mosaic test area using appropriate conservation grade detergent,
4. Face mosaic test area using a woven material and reversible conservation -grade adhesive.
5. Utilize Dremels@, grinders, and other hand tools to remove the mosaic section.
a. If possible, section will be cut in such a way as to conform to existing design lines
and forms throughout the mosaic and try to avoid cutting through actual tile as
much as possible. This will help facilitate repairs once the mosaic is re -installed.
6. In conjunction with our own test removal, work with a local concrete cutting company to
see if it is possible for them to remove an additional 1' x 1' area of mosaic using alternative
methods.
7. Following mosaic removal, determine with City whether or not temporary grout infill
should be placed in the areas of removal prior to full-scale de -installation so that the
recesses do not pose trip and/or safety hazards. This is included as a line item in the
estimated costs.
8. Determine which of the two tested methodologies is more efficient and safest for the
artwork. Also determine if the cut size of 1'xl' is feasible for the remainder of the mosaic.
Los Arigeles S*-ud.o: 5$18 Pac%ard Street. • Los Angeles, CA 90019
Miami St❑d.c: 8'_2 Vw 7] Street • y1_ami FL 33:50
323.3%7.8 475 • 305.bO. ?011
hLtp://rlaconserGation.co-.
Page 798 of 2938
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Adjust size if necessary. If a 1' x 1' cut size is determined, there will be roughly 196 panels
total once the entire mosaic is removed.
9. Label an image of the mosaic with intended cut lines and numeric ID labels for each
proposed panel.
10. Collect and label any displaced tesserae that are found on site.
11. Coordinate appropriate crating system for mosaic sections with local art handling firm.
a. Depending on the thickness of the removed mosaic panels, their storage location,
and duration of storage, custom crates may not be required. It is possible that heavy
duty cardboard boxes with ethafoam may provide ample protection for storage.
However, if the intent is for the panels to be stored long term, it is recommended
that crates or more study method of storage be implemented so that the panels do
not sag under their own weight. This will be determined following the test removal
panels and communicating with CMB.
Phase 11— Full De -Installation:
Note: These costs are a rough estimate including multiple options and a range of costs that are
based on past experience in removing mosaics of similar sizes. Costs will need to be adjusted
following Phase 1. This is largely dependent whether a concrete company is required or is RLA can
perform all deinstallation work.
1. Document the treatment with a written report and high -resolution digital photographs
before and after treatment.
2. CMB to arrange appropriate security fencing with a windscreen erected around the
perimeter of the mosaic for the duration of de -installation. Alternatively, RLA can include
this scope at an additional cost with a markup.
3. Wash the surface of the entire mosaic using appropriate conservation grade detergent and
non -toxic biocide.
4. Face entire mosaic using a woven material and reversible conservation -grade adhesive.
5. Based on the results of the feasibility/investigation phase, de -install mosaic in pre-
determined sections.
a. If it is determined that working with a concrete cutting company is safer and more
efficient, RLA staff will provide oversight of the removal to ensure auxiliary damage
does not occur during the process.
b. if a concrete cutting company is not required, RLA staff will perform all de -
installation work.
6. Regardless of the selected de -installation methodology, RLA will document the removal,
label each panel, oversee the art handier packing for storage.
7. Art handlers to transport mosaic to designated storage location. CMB to coordinate storage
location. This proposal assumes that the storage location will be within Miami -Dade
County limits.
a. If cardboard boxes are used for storage, we recommend that the storage location be
Los Angeles Studio: 5418 PacK.ard Street • Lcs Angeles, CA 9^v019
Miami Studio: 552 NW 71" Street • Miami, FL 33:50
323.3!1.8425 • 305.513.7011
http://rlaconser✓ation.com
Page 799 of 2938
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climate -controlled and free of liquid or ambient moisture.
b. Assuming that the panels can be stacked, the footprint of the storage facility should
be roughly 8' x 8'. This will be confirmed when it is determined how thick the
overall panels will be.
Note: This proposal does not include the following:
• Removal, building out, or re -surfacing of the surface left behind or the foundation after the
mosaic removal. Only interim patching for the feasibility/investigation phase is included.
Additional scope and costs pertaining to such can be provided upon request.
• Sourcing replacement tesserae.
• Removing inappropriate adhesive material
• Removing and/or replacing damaged or permanently stained/soiled grout from original
installation.
• Removing extant grout from backs of individual mosaic panels in preparation for re-
installation.
ESTIMATED COSTS:
Phase l:
Conservator:
$3,400.00
Technician:
$1,400.00
Materials:
$300.00
Travel Time, Mileage,
$210.00
Parking:
Temporary Grout Infill
$540.00
(if needed):
Total Cost $5,850.00
Please Note: Vrc-pa}ment of 50%duc upon submission of signed proposal. Balance due upon completion.
Phase ll:
Note: Theses cost are estimated based on images provided by the client and past experience
performing similar mosaic deinstallation. Costs will be adjusted following Phase I and a separate
proposal will be submitted to the City of Miami Beach for approval.
Estimated Total Cost $60,000.00—
$74,000.00
:Os Ange:eS St17_O: ...,a ?acrard StIee:_ . ,..cS Ango.es, CA 9'�379
Miarr.i Studio: 352 IW ?' Street • Yia,, , F:, 33'53
323.311.E425 • 30b.573.101-
htLp://rl.aconservation.com
Page 800 of 2938
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Thank you for the opportunity to care for your collection. Please do not hesitate to contact us with
any further questions.
Prepared by:
Caroline Dickensheets, Conservator
Approved by:
Rosa Lowinger, Chi - -oonservator
PI CAST NOTE: THIS PROPOSAL IS THE INTELLECTUAL PROPERTY Or RLA CONSERVATION OF ART & ARCHITECTURE AND MAY NOT BE
S1IARFD WITH ANY OTHER PARTIES OR INDIVIDUALS WITHOUT THE EXPRESS WRITTEN PERMISSION OF RLA CONSFRVATION OF ART &
ARCHITECTURE OR USED TO CREATE A REQUEST FOR PROPOSAL (RFP) TO SOLICIT WORK FROM ANOTHER CONSERVATION FLRM.
Accepted by:
(sign name)
(print name)
(title & agency) (date)
ExcLtSIONS AND CAVEATS
• This price is valid for a period of 90 days from the date of the proposal.
• No work will be performed until a mutually acceptable schedule for work and payment is agreed upon.
• Costs are NOT based on Davis Bacon, Service Contract Act or any other legally mandated prevailing
wage rates beyond minimum wage. If prevailing wage compliance is required, we reserve the right to
modify our proposal accordingly.
• We require clear access to the worksite in an uninterrupted schedule during daytime work hours,
Monday through Friday, unless other arrangements are made.
• We will require access to water and electricity within 100 feet of the work site.
• We will require access to free parking for at least one vehicle in close proximity to the worksite.
• We will require access to bathrooms at the worksite.
• Non -toxic trash will be deposited into dumpsters provided by client unless otherwise arranged.
• This price does not include any special insurance, permits, licenses, or bonds.
• Notwithstanding anything in the proposal/agreement to the contrary, any material or equipment prices
provided herein are only applicable to work performed in the next 90 days. After this period, material
and equipment prices will be subject to further increases due to any shortages, unavailability or
increases in market pricing from any cause whatsoever except to the extent caused by RLA. If, during
the performance of the proposal/agreement, any material or equipment price increases, the price shall
Los Angeles Studio: 5418 Packard Street • I,os Angeles, CA 90019
Miami Studi:,: 352 NW 71" Street • Miami, FL 33150
32.3.311.842b • 305.573.1011
htLp://rlaconservation..com
Page 801 of 2938
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be increased by an amount necessary to cover such price increases. Where the delivery of material or
equipment is delayed, through no fault of RLA, RLA shall not be responsible for any additional costs or
damages associated with such delays.
RLA shall not be considered in default because of any failure to perform the above scope of work under
its terms if the failure arises from causes beyond the control and without the fault or negligence of RLA.
Examples of these causes are (1) acts of God or of the public enemy, (2) acts of the Government in either
its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine restrictions, (7)
strikes, (8) freight embargoes, (9) earthquakes, and 0 0) unusually severe weather. In each instance, if
RLA determines that any failure to perform would result from one or more of the causes above, the
delivery schedule shall be revised.
Los Angeles S:t:dio: 54'_8 Packard Street • I.os Ange:es, CA
Miami Studio: S52 NW 71- Street • Ir:ami, F'i, 33,50
323.3!7.84-"' • 305.S/3.r0:1
http://r';aconservation com
Page 802 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, it9, Key Biscayne, FL 33149
30&ml -2629
s i obha n. m orri slay @g ma i 1. c om
Retail Replacement Value Appraisal Report
for Insurance Purposes
Ms. Betty Bricedo Reyes
Cultural Affairs & Art in Public Places Coordinator
Tourism and Culture Department
1755 Meridian Avenue
Suite 500
Miami Beach, FL 32139
Effective Valuation Date of Valuation: March 8, 2023
Date of Inspection: March 8, 2023
Date of Report: March 27, 2023
Prepared by:
Siobhan Morrissey
Morrissey Fine An
Key Biscayne, FL 33149
C Siobhan Morrissey, 2022
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PACES SEPARATED
Effective Valuation Date: 3'8e'2023 page 804 of 2938 page 1 of 33
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Dries, #9, Key Biscayne, FL 33146
305MI -2622
siobhan.morrissey@gmail.com
Table of Contents
Description PNLNumber
TitlePage ................................................................................................................................... I
Tableof Contents..........................................................................................................................................2
Appraiser's Certification.................................................................................................3
Appraiser's Qualifications................................................................... ..... 5
....................................................
Scope of Work......................................................................................................... ....... ..14
.... ......................
TotalRetail Replacement Value................................................................................................................. 17
Descriptionof the Property......................................................................................................................... l8
Abridged Artist Biography and General Market Analysis.....................................................................23
Statements, Indemnification, and Disclaimers............................................................................................27
PrivacyPolicy.............................................................................................................................................29
Bibliography and Sources Consulted..........................................................................................................30
Glossary...................................................................................................................................................... 31
Miami Beach Tourism & Culture Department. Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 2 of 33
Page 805 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, Ft_ 33149
305M I -2629
siobhan.morrisseyfgmai 1_com
APPRAISER'S CERTIFICATION
The appraiser signed below, Siobhan Morrissey, holds herself out to the public as a professional appraiser
of Contemporary Fine Art as included in this appraisal document. The appraiser performed no services, as
an appraiser or in any other capacity, regarding the property that is the subject of this report within the
three-year period immediately preceding the acceptance of this assignment. This is the appraiser's first
encounter with the artwork.
The statements on these two pages are certified by the appraiser to be true to the best of her knowledge and
belief. Although the statements of fact contained in this report are true and correct, the values expressed
herein are based on the appraiser's best judgment and opinion and are not representations or warranties that
the items will realize such values if offered for sale in an appropriate market.
This appraisal is written in complete compliance with the 2020-2021 Uniform Standards of Professional
Appraisal Practice, which remains effective through December 31, 2023 due to conditions relating to the
Covid-19 pandemic. USPAP is written by the Appraisal Standards Board of the Appraisal Foundation in
Washington, D.C. The Appraisal Foundation is a Congressionally -sanctioned, not -for -profit organization,
established in 1987 and dedicated to the advancement of professional valuation for appraisers and users of
appraisal services to ensure public trust in the work performed by appraisers.
Total pages of report: 33
Total number of articles appraised: I
Total number of images: 8
Examination date: March 8.2023
Research dates: March 8 - 27, 2023
Effective valuation date: March 8, 2023
Issue date of report: March 27, 2023
Valuation is based solely on personal research and analysis of comparative market data. Compensation for
this appraisal is not contingent upon the arrived valuation. Fee is based on a project rate, plus expenses. No
person, group, or organization was given a fee in connection with the procurement of this appraisal
assignment. Further, compensation is not contingent upon the reporting of a predetermined value or
direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a
stipulated result, or the occurrence of a subsequent event.
The objective of this report is to provide an unbiased replacement value guideline and a basis for insurance
portfolio evaluation. The appraisal is a prerequisite for deaccession. The appraiser remains neutral on the
issue of deaccession, which is the purview of the City of Miami Beach.
Photographs, when included, are for reference in the event of a claim under an insurance policy.
Photographs and/or digital images are included in this report for reference only. The client is responsible
for obtaining additional photographs if requested for future reference.
This appraisal is considered a "current" appraisal report as the appraiser began her research on March 8,
2023 and arrived at her valuation conclusion on March 27, 2023.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report — APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8,'2023 page 3 of 33
Page 806 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, 1f9, Kay Biscayne, FL 33149
30S1361-2629
siobhan.morriesey@grnail.com
Although these certification pages include salient information regarding the methodology, of the report,
additional information regarding the scope of work, assignment conditions, and disclaimers are important
to understand the entire appraisal process. As such, the entire report is required to fully understand the
assignment and these certification pages encompass the entire report and are not valid without reading and
understanding the entire report.
Z4� !`�March 27, 2023
iobhan Morrissey, Esq., AAA Report Date
USPAP (Compliant through J 4)
MFA/Morrisscy, Fine Art
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report— APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8,2023 page 4 of 33
Page 807 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
3051361-2629
siobhan.morrissey@gmaii.com
Appraiser's Qualifications
CREDENTIALS
ABOUT MFA I MORRIISSEY FINE ART
Siobhan Morrissey founded Morrissey Fine Art in 2012. The Key Biscayne firm specializes in
contemporary fine art appraisals. 'vlorrissey's valuation experience dates back to the 1990s, when she
worked as an Assistant State Attorney in Miami and conducted numerous restitution hearings to help crime
victims recoup the value of their damaged or stolen property.
Morrissey Fine Art was formerly known as Austin Morrissey Fine Art, which was founded in 2009 by
Morrissey and art advisor Lisa Austin. Today, Morrissey presides over her own company and provides
appraisals to high -end clients that include Fortune 500 companies, international banking concerns,
insurance companies, museums, and auction houses, as well as private collectors.
Throughout the past three decades, Morrissey has developed personal relationships with museum curators,
gallerists and artists. In addition to her appraisal work she conducts in -person interviews with established
and emerging artists, including, but not limited to Daniel Arsham, Heman Bas, Jose Bedia, Maurizio
Cattelan, Edouard Duval -Carrie, Jacob Felldnder, Lynne Golob Gelfman, Beatriz Gonzalez, Theo Jansen,
Fernando Mastrangelo, Glexis Novoa, Claes Oldenburg, Pat Oliphant, Larry Poons and Antonia \N'right --
for national publications such as The Miami Herald and The Washington Post, as well as CULTURED,
INDULGE. PEOPLE and PoderI ispanir magazines.
Morrissey maintains constant contact with dealers, auction houses and collectors worldwide, and keeps
current with the art market by regularly attending Art Basel in Miami Beach and Switzerland, the Venice
Biennale in Italy, dOCUMENTA in Germany, and other contemporary art fairs.
Appraisal Experience
My extensive appraisal experience with corporate and private collections includes valuations of paintings,
prints, photographs and sculptures. My work centers on American, Latin American, and European artwork,
with a concentration on contemporary art, from the New York School and post-war era to the current day.
1 prepare USPAP-compliant reports for: charitable donations, insurance, damage and loss claims, estate
distribution and tax requirements. (2009 to Present).
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report — APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/82023 page 808 of 2938 page 5 of 33
Slobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, $9, Key Biscayne, FL 33149
3051MI -2629
s l o bha n. m ofrtssey @g m a i l. com
Related Experience
Museum of Contemporary Art North Miami lecture moderator: The Business of Art and Culture, North
Miami Mayor Smith Joseph's Third Quarter Business luncheon. (2015)
Museum of Contemporary Art North Miami lecture moderator Dispatches from Havana, a conversation
about the future of US -Cuba cultural exchanges. (2015).
As a member of the Florida Bar Association and the Dade County Bar Association's Probate and
Guardianship Committee: Guest lecturer before the Dade County Bar Association in Miami. Topic: H64
to Avoid Trouble with the Taxman — What Every Auorney Needs to Know About Fine Art Appraisals.
(2010).
As an Assistant State Attorney in Miami, FL: Participated in numerous restitution hearings before the
Eleventh Judicial Circuit Court to establish the replacement value of stolen or damaged personal property
items to help crime victims recoup their loss. (1997-2000).
Appraisal Education
Successfully completed a 7-hour USPAP course, (2022). Currently effective through January 2024.
Successfully completed a 7-hour USPAP course, (2020).
Successfully completed a 7-hour USPAP course, (2018).
Successfully completed a 7-hour USPAP course, (2016).
Successfully completed the Appraiser Association of America certification exam (2015).
Elements of a Correctly Prepared Appraisal Report, the Appraisers Association of America (2014).
Successfully completed a 15-hour course and examination on the Uniform Standards of Professional
Appraisal Practice (USPAP), the Congressionally -recognized set of appraisal standards promulgated by
The Appraisal Foundation. Completed the full course with examination on January 2014.
Successful completion of the ASA certification exam (201 1)
Pratt Institute, New York, NY (2010)
The Legal and Regulatory Environment ASA PP/GJ 204
Valuation Report Writing, ASA PP/GJ 203
Valuation Methodology: Research and Analysis, ASA PP/GJ202, (2009).
Introduction to Personal Property Valuation, ASA PP/GJ 201, (2009).
USPAP, American Society of Appraisers SE100 home• -study course (2009).
American Society of Appraisers Online Ethics Exam (2009).
Miami Beach Tourism & Culture Department, Cultural Affain & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8l2023 page 6 of 33
Page 809 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
3051361-2629
siobhan.morrissey@gmaii.com
University/Gallery Education
Heckerling Institute on Estate Planning, University of Miami, Orlando, FL (2010).
University of :Miami School of Law, JD, cum laude, Coral Gables, FL (1991-95).
Legal Memberships:
• The Order of Barristers.
• Spellman-[ oeveler American Inn of Court.
• National Service Organization, Society of Bar & Gavel.
• National Leadership Honor Society, Omicron Delta Kappa.
• Moot Court Board.
• President, International Moot Court Board.
• Champion, Southeastern Region, American Bar Association Negotiation Competition.
• Finalist, Southeastern Region, Jessup International Moot Court Competition.
Corcoran Gallery of Art, Washington, D.C. tine art sculpting program. (1988).
Georgetown University School of Foreign Service, BSFS (1982).
Diplome, L'universite de Bourgogne at Dijon, France, French language and literature. (1982).
Professional Affiliations
Certified Member, AAA, Appraisers Association of America, 2015-Present.
Association of Professional Art Advisors, affiliate member, 2012-Present.
Past Chair, Personal Property Section of the American Society of Appraisers Greater Miami Chapter,
2011-2012.
Member of the Key Biscayne Bar Association, 2014-Present.
Member of the Dade County Bar Association, Probate and Guardianship Section, 2009-Present.
Member of the Florida Bar, 1996-Present.
Member of the Spellman-Hoeveler American Inn of Court. 1994-Present.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 7 of 33
Page 810 of 2938
Slobhan Morrissey
Morrissey Fine Art
77 harbor Drive, 09, Key Biscayne, FL 33149
309MI-2629
slobhan.monioury@gmall.com
Professional Publications
• "A giant alien tongue, NFT eyeballs and Thigh Snack: Miami Art Week's must -see art," The .Miami
Herald, December 3, 2021.
• "How much does the art cost at Art Basel, Art Miami?" The Miami Herald, December 3, 2021.
• "Can we design our way to abetter world? Design Miami/ returns to tackle global issues," The
Miami Herald, December 2, 2021.
• "Art Basel and Miami Art Week begin with $4 million Banksy sale and banana guy," The _Miami
Herald, December 1, 2021.
• "Back to SchooUThe Sarasota Art Museum's vast new contemporary art complex which takes up
residence on the grounds of a former high school, kicks off an ambitious exhibition calendar,"
CULTURED magazine, Dec/Jan/Feb 2020.
• "Someone ate the $120,000 banana at Art Basel. Some quick thinking saved the day," Miami
Herald, December 7, 2019.
• "Sheep at the beach, an inverted statue dripping chocolate: A guide to must -see art," .Miami Herald,
December b, 2019.
• "Come to Art Basel for $120K bananas taped to the wall. Stay for art rooted in Miami," .Miami
Herald," December 5, 2019.
• "What's this banana art masterpiece worth? If you have to ask...." Miami Herald, December 4,
2019.
• "Water Woes and Wonders at Design Miami," Miami Herald. December 4, 2019.
• "'All the galleries save their best for Miami.' Miami Art Week is bigger than ever," Miami Herald,
December 3, 2019.
• "Miami Artist Heman Bas Opens Solo Show in New York," Miami Herald, October 13, 2019.
• "A Colombian Legend/PAMM exhibit shows off the range, skill of Colombian artist Beatriz
Gonzalez," Miami Herald, June 30, 2019.
• "Jessica Goldman Srebnick Carries The Creative Torch Ignited By Her Father," INDULGE,
December 2018.
• "David Castillo Gallery makes it to Art Basel's main stage," Miami Herald. December 7.2018.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8.2023 page 8 of 33
Page 811 of 2938
Siobhan Morrissey
Morrissey Fine AK
77 Harbor Drive, #9, Key Biscayne, FL 33149
3()51361-2629
s I o b h a n. m orri ssey @g ma l i. com
• "Where did the mad rush go? Art Basel Miami Beach opens serenely in newly revamped venue,"
Miami Herald, December 5, 2018.
• "Art Week: Mural debuts at Miami Beach Convention Center," Miami Herald. December 5. 2018.
• "Miami Art Week is here. The art is serious, frivolous and infuriating," Miami Herald, December
4, 2018.
• "Miami artist Mira I,ehr's 'TRACING THE RED THREAD' show at MOCA is a beautiful cry for
help," Miami Herald, October 7.2018.
• "Tricking the Grid/A retrospective of work by Miami artist Lynne Golob Gelfman reveals a lifetime
of playing by the rules - and breaking them;' Miami Herald, September 23, 2018.
• "Rarely Shown/14 rarely shown paintings by Donald Judd are on view through June 24 at the
Institute of Contemporary Art, Miami. They showcase the artist's penchant for lack of clutter -
even though he hated the term `minimalist.'" Miami Herald, June 10, 2018.
• -'#Me Too is as old as the Bible. This show proves it." Miami Herald, May l3, 2018.
• "Still ART -CRAZED after all these years: Fred Snitzer, the gallerist affectionately known as 'Our
Man in Miami' by the Art Basel crowd, celebrates 40 years, in the South Florida art scene," Miami
Herald, February 4, 2018.
• "A Sense of Place: Island Planning Corp., transforms buildings and their neighborhoods, including
the Miami Design District, with nature's precious resource: trees," One Life, January 3, 2018.
• "Art Basel 201 T Studio Swine Creates a Respite of Bubbles," Miami Herald. December 6. 2017.
• "if you make one side trip from the big Art Basel fair, this is one to see (Jacob Fellilnder at MOCA
North Miami)," Miami Herald, December 5, 2017.
• "This artwork will make you feel out of control. That's the idea, (Antonia Wright at Spinello
Projects)," Miami Herald, December 4. 2017.
• "Maria tore up this Puerto Rican artist's life. He'll still show in Miami this week," Miami Herald,
December 4, 2017.
• "Motor City, Architect Terence Riley brings a touch of Dada to the Design District with the
Museum Garage." CULTURED magazine, Winter 2017.
• "The Rainmaker, Since joining the Knight Foundation more than a decade ago, Alberto Ibargtien
has provided more than $200 million in funding to the arts, from mobile art galleries to indie film
festivals." CULTURED magazine, Winter 2017.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for insurance Inventory Purposes
Appraisal Report -- APPRAISAL VOiD IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 812 of 2938 page 9 of 33
Siobhan Morrissey
Mrnissey Fine Art
77 Harbor Drive, t19, Key Biscayne, FL 33U9
30&1361-2629
slobhan.morrissey@!gmall.com
• "Cultural Icon, An intimate conversation with Jorge Perez, Miami's reigning king of art."
INDULGE, December 2017.
• "Icons of the Pop Art age," Miami Herald, November 5, 2017
• "Edouard Duval-Carrie's dreamy duality reveals a dark and somber tale," Miami Herald, October
13, 2017,
• "Season of the Arts: Knight's Challenge," The Miami Herald, September 22, 2017.
+ "Pdrez — man and museum —look toward Cuba_ Here's what they see, Across the Horizon," Miami
Herald, June 25, 2017.
+ "A Season of Women, Hayek, Taylor, pulp fiction: This sultry summer features women in art,"
Miami Herald, June 11, 2017,
• "Is it a maze? A mystery? Or is the new show at PAMM a subtle study in Yin & Yang^" Miami
Herald, April 23, 2017.
• "Art Basel Issue: Beyond the limelight, Seven local artists you may not know — but should"
(profiles of Randal and Geddes Levenson, Jordan Massengale, Lydia Rubio, Robert McKnight,
Salvatore J. La Rosa, and Ralph Provisero), INDULGE, December 2016.
• "Art Basel Issue: BERNICE, Love for and loyalty to her artists have put this ebullient Miami dealer
on a first -name basis with collectors and creators alike," IArDULGE, December 2016.
• "Don't miss these works during Art Basel week in Miami. They'll soon be gone," Miami Herald,
December 2. 2016.
• "Art Basel: Pasta Wow at Fondation Beyeler," Miami Herald, December 1, 2016
• "At Basel, no qualms over smaller crowds," Miami Herald, December 1, 2016,
• "Giant tongues, vanishing steel and thinner crowds: Welcome to Miami Art Week 2016," Miami
Herald, November 30, 2016.
• "Lawrence Abu Hamdan Explores the Art of Spying," Miami Herald, November 30, 2016.
• "Art Basel: A Garden of Delights at Design Miami/," Miami Herald, November 30, 2016.
• "Double Vision: Solo show of works by John Miller now at ICA Miami," Miami Herald, May 8,
2016.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report — APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 10 of 33
Page 813 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
30Sf381-2629
siobhan.morrissey@gmail.com
• "Museum mounts first -ever full exhibit of the fiimworks of Ana Mendieta," Miami Herald, 'March
20, 2016.
• "Fashionable exhibit tells the tale of Italy's post-war renaissance," Miami Herald, March 20. 2016.
• "A Museum Turns 30," .Lliami Herald, March 20, 2016.
• "Beyond The Horizon: University of Miami Dean of Architecture Rodolphe el -Khoury uses
technology as a portal to the future," CULTURED magazine, Feb/March 2016.
• "Private View: The Art Design Project brings the work of Miami artists to Soho Beach House,"
CULTURED magazine, Feb/March 2016.
• "A Daring Duo: Exhibit detailing artist's battle with author (Philip) Roth shares space with anime-
enhanced tantric imagery at Locust Projects," Miami Herald, February 21, 2016.
• "Inside Out: Fernando Wong treats landscapes like interiors, creating environments that beg to be
lived in," CULTURED magazine, Winter 2015.
• "Where the Girls Are: The Rubell Family Collection captures the moment with its first all -female
show, `No Man's Land'," CULTURED magazine, Winter 2015.
• "Making Moves: Ellen Salpeter, the new director of the ICA, Miami, takes on the emerging cultural
institution the only way she knows how - with motorcycle jacket in hand," CULTURED magazine,
Winter 2015.
• "Art Basel Issue: Public and free, in 3D: Sculpture in Collins Park and Wallcasts at the New World
Center Soundscape," INDULGE, December 2015.
• "Art Basel Issue: New Directions: With new leadership at most of the region's art museums, a wave
of creative change is sweeping South Florida", (Profiles of museum directors Franklin Sirmans. Jill
Deupi, Silvia Karman CubirAa, Timothy Rodgers, Jeremy Mikolajczak, Bonnie Clearwater, Ellen
Salpeter, Babacar M'Bow, and Jordana Pomeroy), INDULGE, December 2015.
• "ERRO at Art Miami Big Fair," Miami Herald, December 2, 2015.
• "Miami Art Week: `ELLIS' a film starring Robert De Niro at Galerie Perrotin Pop -Up," Miami
Herald, December 1, 2015.
• "As Art Basel blooms, Miami museums shine," The Miami Herald, November 29, 2015.
• "Through photographs, `Indestructible Lee Miller' tells a remarkable woman's tale," Miami
Herald, October 30, 2015.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation trace: 3/8/2023 page 814 of 2938 page 11 of 33
Slobhan Morrissey
Morrissey Fine Art
77 Karbor (rive, #9, Key Biscayne, FL 33149
305MI -2629
slobhan.morrissey@gmall.com
• `-Loss of gallery a test for Worldcenter," Miami Herald, September 26, 2015.
• "The Beauty of Emptiness: Glexis Novoa Creates a zen-like exhibit at the Lowe Art Museum,"
Miami Herald, August 16, 2015.
• "In Miami, Money Really Did Grow on Trees; Three `Money Trees' sculptures returned to their
roots at Design Miami/," Afiami Herald, July 5, 2015.
• "At Havana Biennial. art reflects the political thaw," Miami Herald, June 7, 2015.
• ''The Future in 3D -Local uses for 3D printing -artists," Miami Herald, June 1, 2015.
• "Up Close, power collector Beth Rudin DeWoody opens up her expansive art and design collection
to the Norton Museum of Art in West Palm Beach," CULTURED magazine, February/March 2015.
• "Sagamore exhibition sets art in motion," Miami Herald, January 18, 2015.
• "The Hunt for a Sacred Spring, Artist Dara Friedman captures the mystical tale of one man's life
mission to understand an ancient mystery," CULTURED magazine, Winter 2014.
• "Art Basel Issue: Studio Crawl", (Profiles of artists Agustina Woodgate, Frances Trombly, Leyden
Rodriguez -Casanova, Antonia Wright, Emmett Moore, Onajide Shabaka, Christy Gast, Jose Bedia,
Mark Handforth, Lynne Golob Gelfman, Edouard Duval -Came), INDULGE, December 2014.
• "Art Basel Must -Sees," Miami Herald, December 5, 2014,
• "Art Basel: Theo Jansen's `strandbeests'," Miami Herald, December 4, 2014.
• "Happy art, happy people," Miami Herald, December 4, 2014.
• "More art, more $$, more glitz," Miami Herald, December 3, 2014.
• "Digging Deep, Artist Daniel Arsham does `archaeological dig' at Locust Projects," Miami Herald,
November 9, 2014.
• "BASEL: BIGGER THAN EVER," Miami Herald, July 6, 2014.
• '`Bridging the ages," (Modernism Exhibit at the Norton), Miami Herald, April 27, 2014.
• "Miami street artists like it hot," Miami Herald, April 13, 2014.
• "Homage to Everglades' Past, Present," Miami Herald, March 30. 2014.
Miami Beach Tourism & Culture Depament, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 12 of 33
Page 815 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
305l361-2629
Siobhan. morrissey@grnail.com
• "Experience without borders, CIFO's evocative `Permission to be Global' exhibit underscores the
universal nature of Latin American history," Miami Herald, January 24, 2014.
• "Art Basel Issue: Habitat" (Profiles of art collectors Craig Robins, John Joseph Lin, Adrienne bon
Haes, Marvin Ross Friedman, and Ella Fontanals Cisneros), INDULGE, December 2013.
• "Art Basel Issue: A Year of Art." INDULGE magazine, December 2013.
• "Art Basel Issue: Bring in the Experts," INDULGE magazine, December 2013.
• "Art Basel Issue: Art Public," INDULGE magazine, December 2013.
• "Visual Feast Art exhibits offer escape from the holiday madness," Miami Herald, December 21,
2013.
• "Art Basel Concept houses illuminate design," Miami Herald, December 7, 2013.
• "Art Basel Week A Wealth of Art — And of Wealthy Shoppers," Miami Herald, December 5, 2013.
• "A media mix at Miami Locust Projects," Miami Herald, November 24, 2013.
• "Art, motorcycles and the zen of nature," Miami Herald, November 17, 2013.
• "Fernando Mastrangelo shows at new Wynwood project space," Miami Herald, October 13, 2013.
• "EDSA: Grounded in Urban Design," Miami Herald, July 8, 2013.
• '`Churches' Stained Glass Inspires Awe, Shows Stories," Miami Herald, March 29, 2013.
• "Artist's Bit of Luck and Light," Miami Herald, February 13, 2013.
• "Art Caper Confidential: How- exactly did an allegedly stolen Matisse end up being hawked in
Miami? It's a story of how FBI agents carefully and methodically reeled in two suspects,"
PODER/Hispanic Magazine, Oct/Nov 2012_
• "The Art of Consensus Collecting, Don and Mera Rubell have spent 47 years together in a relentless
quest to discover new artists," PODER/Hispanic Magazine, OctiNov 2010.
• "Art of the Sale', (Legal aspects of museum deaccession), ABA (American Bar Association)
Journal, August 1, 2008.
• "Making a Splash, Celeb clients hail Miami Beach painter Romero Britto as the king of pop art,"
PEOPLE magazine, December 16, 2002.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report — APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3!82023 Page 816 of 2938 page 13 of 33
Siobhan Morrissey
Morrissey Fine AK
77 Harbor Drive, #9, Key libeayne, FL 33149
30Sl361-2629
siobhan.morriasey@gmil.com
• "Few Art Buyers Complain of Fakes, Officials say an emigre who sold bogus art in Boca amassed
millions before fleeing back to Europe," The Palm Beach Post, August 22, 1995.
• "The Outlook Interview: Pat Oliphant Talks to Siobhan Morrissey, A Cartoonist Can't Worry
About the Good of the Country," The Washington Post, July 14, 1985.
• "Chagall's Thank -You," (Marc Chagall's Mural at the home of John and Evelyn Nef in
Georgetown), The Washington Post, April 2, 1985
SCOPE OF WORK
Problem to Solve: The appraiser was asked by the Cultural Affairs & Art in Public Places office in the
City of Miami Beach to prepare an appraisal for insurance purposes of a Kevin Arrow mosaic located in
Bandshell Park, Miami Beach. The appraisal is a prerequisite for deaccession. The appraiser remains
neutral on the issue of deaccession, which remains in the purview of the City of Miami Beach.
This report is not valid for any other purpose or for any other person or entity other than those listed below.
If the report or any of the information herein is used for any other purpose, the opinion and the report are
rendered invalid.
Category of Item Examined: Contemporary Fine Art.
Client and Owner. City of Miami Beach, Florida.
Effective Valuation Date of Appraisal: The values expressed in this appraisal are effective as of the date
of inspection: March 8, 2023.
Use of Appraisal: Insurance coverage. Any other purpose is considered an unintended purpose.
User(s) of Appraisal: This appraisal can be used and relied upon by the client, a designated insurance
broker, as well as designated attorneys and accountants. Any other user is considered an unintended user.
Ownership Interest: Title was not an issue. The appraiser did not perform an Art Loss Registry Inquiry.
Authenticity: The appraiser is not an authenticator and as such did not establish the artwork's authenticity.
However, the artist told the appraiser that he cheated the mosaic.
Appraiser's Past Exposure to Appraised Objects: This occasion marks the appraiser's first association
with the artwork.
Specific Assignment Conditions: The following assumptions were taken by the appraiser as facts: The
City of Miami Beach owns the artwork free and clear, without partial interest. This Appraisal Report is not
an indication or certificate of title ownership. If these assumptions are found to be untrue, the appraiser's
opinions and analysis, including, but not limited to value, will not be affected.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report— APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 14 of 33
Page 817 of 2938
Siohhan Molls"
Morrissey Fine Art
77 Harbor Drive, 09, Key Biscayne, FL 33149
3051361-2629
stobhan.morrissoy@gmail.com
Specific Assignment Conditions (Extraordinary Assumptions): As defined by t1SPAP, Extraordinary
Assumptions are assignment -specific assumptions as of the effective date regarding uncertain information
used in an analysis, which, if found to be false, could alter the appraiser's opinions or conclusions. The
following extraordinary assumptions were taken by the appraiser as facts: the artwork was obtained legalh
and is not stolen; the artwork is authentic: and no laboratory testing has been performed on the subject
property. The Appraisal Report is based only on the readily apparent identity of the artwork appraised, and
no further opinions or guarantee of authenticity, genuineness, attribution, or authorship is made. The
medium is assumed correct as represented by the owner, as is database and information provided by
consulting sources. Additionally, this appraisal assumes there are no undisclosed conditions of the subject
property that would have a material and/or adverse effect on the value conclusions. If found to be untrue,
the appraiser's opinions and analysis, including, but not limited to value, may be affected.
Hypothetical Conditions: Defined by USPAP as a condition, directly related to a specific assignment,
which is contrary to what is known by the appraiser to exist on the effective date of the assignment but is
used for the purpose of analysis. No Hypothetical Conditions exist in this assignment. The appraiser is
valuing the artwork in its current condition, not under the hypothetical condition that it underwent
conservation that successfully improved the work to its pre -damaged condition.
Specific Assignment Conditions (Limiting Conditions): The following limiting conditions exist in this
assignment: the artwork was left in situ, meaning it was left as a fixture embedded into a concrete slab. As
such, the verso was not inspected, rendering it impossible to assess condition from the area not inspected.
Although i am not a qualified conservator, all that was visible appeared to be in poor condition, with
numerous missing tiles, standing water and fungal growth_ These conditions limited the examination,
research and/or writing of the Appraisal Report. if these limiting conditions obscured pertinent information
regarding condition and/or identification, the appraiser's opinions and analysis, including, but not limited
to value, may be affected.
Examination: The appraiser examined the artwork under available ambient light in the Miami Beach
Bandshell Park. During the inspection, the appraiser ascertained medium, style, and quality from personal
examination, referencing photographs, supporting documentation, and research. Measurements are in feet;
height precedes width unless otherwise stated. Condition is based on the appraiser's observations.
General Condition of Items: RLA Conservation of Miami and Los Angeles assessed the condition as fair -
poor in 2021. Today, the appraiser assigned the artwork a general condition comment - good, fair or poor.
"Condition" refers to what is considered generally acceptable, with ordinary wear and tear for its type,
unless otherwise noted. The following can be used as a general definition for the condition standards:
Good is used when the work is unrestored with no apparent damage to the original condition or
restored/conserved/stabi I i zed with concern for preserving the integrity of the work.
Fair is used when a work has been compromised through damage or restoration. It may be over -
restored, lined, or retouched, but remains representative of the artist's work.
Poor is used when a work has either been severely compromised through substantial damage or
poor restoration or is in unstable condition.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 318n023 Page 818 of 2938 page 15 of 33
Siobhan Morrissey
Morris*" Fine Art
77 Harbor Drive, ", Key Biscayne, FL 33149
30UM1-2629
siobha n, morttssey@gmail.com
Photography: The appraiser took digital photographs of the artwork, cropping various photographs to
eliminate distracting background images.
Method of Research: Research was conducted in the offices of Morrissey Fine Art. The offices are
equipped with an extensive library of research books and auction catalogues. Additional research was
conducted on the Internet using standard search engines as well as pricing databases to which Morrissey
Fine Art subscribes, including artnet, Appropriate galleries and auction houses were contacted for
information when necessary. Specific sources and Internet sites are listed at the end of the report.
Type of Appraisal: This report is considered to be a "current" Appraisal Report according to the rules of
the 2020-2021 USPAP (Uniform Standards of Professional Appraisal Practice), which effectively was
extended through December 31, 2023 by the Appraisal Standards Board. This appraisal is considered to be
"current" as the appraiser began her research on March 8, 2023 and arrived at her valuation conclusion on
March 27, 2023. No significant changes in the market occurred during this period.
Type of Value Used: Retail replacement value.
Definition of Value: Appraised "retail replacement value" is defined as the highest amount in tenns of US
dollars that would be required to replace a property with another of similar age, quality, origin, appearance,
provenance, and condition within a reasonable length of time in an appropriate and relevant market. When
applicable, sales and/or import tax, commissions and/or premiums are included in this amount.
Source for Definition of Retail Replacement Value: Appraising Art: The Definitive Guide to Appraising
the Fine and Decorative Arts, 2013, Appraisers Association of America, page 438.
Approach to Value: Given the artwork and the purpose of the assignment, the appraiser selected the Cost
Approach to arrive at the Retail Replacement Value. The appraiser considered the following approaches
to value: Sales Comparison, Income and Cost. Given the artwork and purpose of the assignment, neither
the Sales Comparison Approach nor the Income Approach is viable. The secondary market appears non-
existent for works similar to the appraisal subject, a site -specific mosaic physically attached to a concrete
slap built into that site. As such, the Sales Comparison Approach is not applicable. Similarly, the Income
Approach is inappropriate because the subject property at present is not income -generating. Images of
artwork by other artists have been used to sell anything from t-shirts and scarves to mugs and posters.
Definition of Coat Approach: The Cost Approach analyzes the production costs - labor and material -
needed to complete the artwork.
USPAP Compliancy: This Appraisal Report follows the guidelines of 2020-2021 USPAP in that the report
provides all of the necessary information/analysis to satisfy the current report development requirements as
defined by Standard 7 (Personal Property, Development) and the writing requirements of an Appraisal
Report as defined in Standard 8 (Personal Property, Reporting).
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/V2023 page 16 of 33
Page 819 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
30WMI -2629
siobhan.morrissey @gmail. com
TOTAL RETAIL REPLACEMENT VALUE
$59000
(Five Thousand Dollars)
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
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Effective Valuation Date: 3/8.2023 page 17 of 33
Page 820 of 2938
slobhan Morrissey
Morrissey Fine Art
T7 Harbor Drive, 09, Key Biscayne, FL 33149
305/381-2629
s i obha n. m orri ss" ftm a i l. c om
DESCRIPTION OF THE PROPERTY
Image #1 of 8
The After Picture_ Tile loss and standing water now mar what was once a vibrant and attractive mosaic.
Artist
Kevin Arrow American, b. 1962)
Title
Beallea Mandala Amor=Love
Date
2004
Dimensions
200 square feet, including concrete slab
Mosaic: 13 x 13 feet 169 square feet
Irwri ion
None visible
hpe or object
Mosaic
Medium
Coiored glass tiles imbedded in a fiberglass mesh
Condition
_
Poor, with considerable file loss and water
intrusion
Provenance
Commissioned by the City of Miami Beach
Replacement Value
$3 000
Miami Beach Tourism & Culture Department, Cultural Affairs & An in Public Places
Retail Replacement Value for Insurance Inventory Purposes
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Effective Valuation Date: 3)'82023 page 18 of 33
Page 821 of 2938
�•�: Sri .:::�:- �` •� �;�s::'� •+i/ ''
:' � • Y•r••. t. V
:•
r••• •• .. •r.'
y •. •• •�, • ',
1 N
Siobhan Morrissey
Morrlssey Fine Art
77 Harbor Drive, 09, Key Biscayne, FL 33149
3051361-2629
siobhan.monissey@gmaii.com
Image #S of 8
Tile loss and apparent fungal growth.
Image �6 of8
Close up of standing water and tile loss.
Miami Beach Tourism & Culture Department, Cultural Affairs & An in Public Places
Retail Replacemcnt Value for Insurance Inventory Purposes
Appraisal Report — APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Data 3.8r2023 page 21 of 33
Page 824 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, 99, Key Biscayne, FL 33149
305/361-2629
s i obhan. m o rrissey @g m a i t. corn
Image 97 of 8 Photograph provided courtesy of Kevin Arrow
The Before Picture: The mosaic as it first appeared in 2004.
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
Retail Replacement Value for Insurance Inventory Purposes
Appraisal Report - APPRAISAL VOID IF PAGES SEPARATED
Effective Valuation Date: 3/8/2023 page 22 of 33
Page 825 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
3051361-2629
siobhan.morrissey@gmall.com
Image 98 of 8 Photograph provided courtesy of Kevin Arrow
Close-up of the "Before" image.
ABRIDGED ARTIST BIOGRAPHY AND GENERAL MARKET ANALYSIS
History of the artist and his work
The Artist
Born in Mineola, New York, Kevin Arrow is now a quintessential. South Florida artist. Before making
Miami Beach his permanent home, Arrow studied photography and graphic design at the Art Institute of
Philadelphia. He also took photography workshops with William Eggleston, Larry Fink, Lee Friedlander
and Nan Goldin. In South Florida, he continued his education at Florida International University, first
focusing on design and painting, followed with studio art and anthropology coursework. Arrow also
expanded into India, where he explored the practice of Lha-zo — traditional Bhutanese wall painting — while
at Dzongsar University in Himachal Pradesh.
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Page 826 of 2938
Siobhan Morrissey
Morrissey Firm Art
77 Karbor Drive, N9, Kry Biscayne, FL 33149
3051361-2629
siobhan.morrtssey@gmail.com
In a career that spans more than 30 years, Arrow has focused on painting, printmaking, and sculpture, with
elements of collage, photography and time -based media. While working with the visually impaired at the
Miami Lighthouse for the Blind in the 1990s, Arrow became fascinated with high -contrast colors and
patterns and how different forms of consciousness affect seeing.
This exploration of the spiritual is evident in his Miami Beach Beatles mosaic with its repeated mandala
motif. The Art -In -Public -Places commission also plays into the three major themes the artist features in
his work: "the intersection of the sacred and the mundane; personal and institutional archives and their
impact on memory; and the history of popular visual and underground culture in the local context of South
Florida"
Throughout the past two decades, Arrow has exhibited throughout Florida, including at The Moore Space,
Fredric Snitzer Gallery, Miami Freedom Tower, Locust Projects, Clyde Butcher Gallery, Bridge Red
Studios, Placeholder Gallery, and the Freedom Tower in Miami, as well as the Museum of Contemporary
Art in North Miami and the Institute of Contemporary Art, Miami, among others.
His artwork can be found in prominent collections such as the Perez Art Museum Miami, Museum of
Contemporary Art, Miami; Bass Museum of Art, Miami Beach; the University of Miami Otto G. Richter
Special Collection Library; and the Vasari Project at the Miami -Dade Public Library System, as well as
private collections such as that of Cricket Taplin, Francie Bishop Good and David Horovitz, Nayib Estefan
and Lara Diamante Estefan-Coppola, and the I.anster Family Collection.
The Artwork
The Beatles Mandala (Amor=Love) mosaic was created for Bandshell Park in 2004, marking the 40°i
anniversary of when the iconic British band visited Miami Beach. On February 9, 1964. The Beatles
appeared on the Ed Sullivan Show, broadcasting live from the Napoleon Ballroom at the Deauville Beach
Resort. The Oceanside hotel, located just a mile from the bandshelt, is in the process of being demolished.
The mosaic remains one of the few tangible reminders of The Beatles visit to Miami Beach.
"The design references The Beatles as a group and individually," Arrow told the appraiser. "There's
Strawberry Fields in England, a sculpture of John Lennon on a bench in downtown Havana. So, it's
appropriate that there be something here in Miami Beach."
The mosaic references Beatles iconography. There's a red strawberry, reminiscent of their song Strawberry
Fields Forever, a brilliant sun occupies one corner, a nod to Here Comes the Sim; a Granny Smith apple
symbolizes the logo of the group's recording label, Apple Records.
The work is comprised of four large mandalas that occupy the interior space. According to renowned
psychoanalyst Carl Jung, the mandala provides a safe, contemplative space, where people can come to
know their true selves. lung promoted the making of mandalas as art therapy that helps calm people in the
throes of mental distress.
Edging the central work are banners spelling out the word Love in various languages, love being the central
theme of Beatle songs - both romantic love and love for humanity and the human condition.
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Page 827 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
305f361-2629
siobha n.morrissayfgmal I.com
Just as The Beatles traveled to India to explore transcendental meditation, the artist made his own journey
to that country to create his mosaic honoring the band. Arrow worked beside the tile cutters at the Trend
Group factory in Gujarat, India. Together, they brought his colorful design to reality. Pallets of their tiles
were then sent to the Trend Group's factory in Sebring, Florida, where each file would be embedded into a
fiberglass mesh. That mesh was then assembled at Bandshell Park onto a concrete subflooring created b%
workers for the City of Miami Beach.
'.Market Research
Monumental mosaics created as public art typically have little resale value. The fact that they are site
specific and not easily moved render them difficult to resell on the secondary market at retail or auctiom
which serve as the markets for most contemporary art. As such, the Sales Comparison Approach would
yield unsatisfactory valuation results.
In 2004. Miami Beach set aside $70,000 for the creation of the mosaic. Of that, $55,000 went to Arrow for
his labor, materials and installation. An additional $10,000 went toward site enhancements, including the
sub -flooring, a retention wall with pavers, and lighting. The remaining $5,000 was set aside for contingency
issues and promotion of the project.
Were he to recreate the work today, the project would cost considerably more. Arrow put his current artist's
fee at $5,000 to $10,000. 'rhe Trend Group estimated the cost of creating the tiles and shipping them from
India to Miami Beach would be roughly $500 a square foot. As such, the 169-square-foot mosaic would
cost an estimated $84,500 to produce in India and deliver to Miami Beach. An additional fee would be
needed to create a fiberglass base for the mosaic and a concrete slab to hold the mosaic in place, bringing
the cost to nearly double the initial project expense of 2004.
Should the city be inclined to reprise the mosaic, the artist and the tile company recommend against placing
it in an open setting, where the artwork is exposed to damage from both the elements and pedestrians.
Putting the mosaic at ground -level proved to be a poor choice.
"It was a mistake to put it there in the first place," said Cari Delfin, a sales representative for Trend Group.
"Even the branches of the trees fall onto it. People on bicycles and scooters would ride over it. It was
gorgeous when made, but it suffered. It doesn't make a lot of sense."
For future reference, Delfin recommended enclosing such a delicate work in an area away from sun and
rain and constant foot traffic. Her company repaired the work on two occasions, with the latest restoration
taking place long before the onset of the Covid-19 pandemic.
Today the mosaic is marred by massive tile loss and water intrusion. Standing water and dark fungal growth
is also evident. The disrepair has led to disappointment. Where once the artist dreamed of the work being
something his children could visit after he's gone, today Arrow tries to dissuade friends and faro i ly members
from visiting the severely deteriorated mosaic.
RLA Conservation assessed the damage in August 2021, and at the time estimated it would cost at least
$60,000 to $74,000 to restore the artwork to its original condition and relocated it to a secure site.
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Page 828 of 2938
Siobhan Morrissey
Monies" Firm Art
T7 Harbor Drive, 09, Key Biscayne, FL 33149
3051M 1-2629
slobhan. morriaaey@gmail.com
Absent timely restoration, the mosaic will continue to deteriorate. In its current condition, the work would
be valued for salvage. Unfortunately, the tiles have limited salvage value. That nominal value likely would
be diminished to a negative value due to the cost of removal and cleanup. The going rate for construction
workers is roughly $250 per day. Add $150 a day to rent a tile removal machine.' The city has the
advantage of offsetting these costs with its own labor and equipment. However, there remains the cost of
manhours and machine maintenance, should the city opt to do the work in-house.
The Cost Approach — labor, plus material costs -- is the best approach to valuation in this instance. While
the mosaic's degraded materials retain limited commercial value, the artist's labor continues to have some
value. According to Arrow, his artist fee for recreating the mosaic would range from $5,000 to S10,000.
Although no city would pay an artist to create a mosaic in its current state of disrepair, the municipality
should pay for the initial research and design, which includes the artist's creative process. In other words,
the artist should be paid for his concept, but not the execution, which resuhed in a mosaic that significantly
deteriorated over time. A liberal interpretation of this labor cost would be $5,000, based on Arrow's own
assessment of his fees.
Trend Group has no use for the used tiles and would not buy them back from the city. Artists might be able
to repurpose the tiles in their work. Arrow noted that they could potentially be reused in mosaics that he
creates for his backyard.
One upside is the possibility of recycling the glass tiles to create `glassphalt" for roadways, backfill and
storm drainage systems. Rather than clutter up a landfill, the tiles also have the potential to be ground down
and repurposed into fiberglass insulation, reflective paint and other decorative tiles that can be produced by
melting the waste glass at temperatures exceeding 2.000 degrees.'
The city is faced with several options — do nothing and the mosaic will continue to deteriorate, potentially
evolving into a hazard-, restore in place, with a continued expectation of ongoing condition issues; remove
and rebuild in a more secure location away from the elements and pedestrian traffic; or deaccession entirely.
Irrespective of the city's decision, based on the foregoing analysis, I conclude the Kevin Arrow mosaic
titled Beatles Mandela (Amor — Love) (2004) in its current com►pted condition has a Replacement Value
of: S5,000 (Five Thousand Dollars).
Herc Rentals: _,aie2on_htmPgravers hurl
' HGTV web article Using Recycled Glass Tile, his: % A'H hgt%xom'desig:remodel interior -remodel usiM-
recycled-glass-iile.
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Page 829 of 2938
Slobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, N9, Key Biscayne, FL 33149
3051361-2629
slobhan.morrissey@gmall.com
STATEMENTS, INDEMNIFICATIONS, and DISCLAIMERS
This appraisal is given, subject to the terms and conditions hereinafter set forth, all of which are a pan
hereof unless expressly set aside in writing either on the pages of the certificate (Pages 3-4) or by writing
attached to the certificate signed by all parties concerned.
The appraisal report is only valid in its entirety of 33 pages (including photographs) and is not valid if any
page of the report is missing- Reproduction of the report must be done in its entirety. The objective of this
report is to provide an unbiased replacement value guideline and a basis for insurance portfolio evaluation.
The appraisal is a prerequisite for deaccession. The appraiser remains neutral on the issue of deaccession,
which remains the exclusive decision of the City of Miami Beach.
This appraisal is to be used solely by the client and designated insurance representatives who oversee the
collection. Any other user is considered an unintended user_ The client shall indemnify, defend, and hold
the appraiser and/or Morrissey Fine Art and/or any parent companies or subsidiaries harmless from and
against all actions, claims, liabilities or expenses incurred from claims based on or arising from the appraisal
by third parties unrelated to the immediate purpose of this appraisal.
Unless otherwise stated herein, this appraisal is based only on the readily apparent identity of the property
appraised, and no further opinion or guarantee of authenticity, genuineness, attribution, or authorship is
made. This appraisal makes no warranty as to the authenticity of the property appraised. Absolute identity
is frequently possible through scientific testing. To the appraiser's knowledge, scientific and/or laboratory
testing has not been performed on the artwork. Values are therefore based on the information current as of
the effective date of this report.
This appraisal is not a certificate of title or warranty of ownership. Ownership was neither researched nor
confirmed.
'Me values expressed herein are based on the appraiser's best judgment and opinion and are not a
representation or warranty that the artwork will realize that value if offered for sale at an auction or
otherwise. The values expressed are based on current information on the assigned effective valuation date
stated on the cover page of this report. No opinion is hereby expressed as to any future value, nor unless
otherwise stated, as to any past value.
The appraiser has no past interest, no present interest, nor any contemplated future financial interest in the
appraised property. '.Nor does the appraiser have any personal interest or bias with respect to the parties
involved. This appraisal was done objectively, in accordance with the 2020-2021 Uniform Standards of
Professional Appraisal Practice, which effectively was extended through December 31, 2023 by the
Appraisal Standards Board. Further, the appraiser has no other interest which might tend to prevent making
a fair and unbiased appraisal.
This appraisal was researched and prepared by the appraiser named on the cover page of this report.
Primary research was done by Slobhan Morrissey.
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Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, X9, Key Biscayne, FL 33149
305t361-2629
siobhan.morrimwy@gmall.com
Consulting sources are listed in the Bibliography section of this report. Information furnished by consulting
sources is assumed to be reliable but is not guaranteed by this appraiser or her firm. The clients provided
the appraiser with verbal information regarding provenance of the artwork listed herein. The appraiser is
not responsible for the accuracy of this information. The appraiser assumes no responsibility for errors or
omissions provided by these sources.
The appraiser is not required to give testimony, be present in any court of law, or appear before any
commission or board because of this appraisal, unless prior arrangements have been made with the
appraiser. Should this report be challenged in any way, not limited to litigation, it is understood that the
appraiser is prepared to defend her appraisal, if required. Courtroom testimony, mediation or alternative
dispute resolution proceedings, and the necessary preparations thereof are separate assignments and will be
billed at our then current normal hourly rate, plus expenses as required.
Possession of this report, or copy thereof, does not include the right of publication without the prior written
consent of the appraiser. This report in its entirety, or any part thereof, including the identity of the appraiser
or her firm, shall not be made public through advertising, public relations, news releases, sales, or other
distributive or information media without the prior written consent of the appraiser.
No change to this report shall be made by anyone other than the appraiser. The appraiser retains the right
to amend this appraisal report.
Copies of this appraisal and notes pertaining to the appraisal, written and electronic, will be kept in the
offices of Siobhan Morrissey, President of Morrissey Fine Art, for a minimal period of five (5) years after
the date of issue or two (2) years after final disposition of any judicial proceedings involving the appraiser,
whichever period expires last. Siobhan Morrissey and Morrissey Fine Art will make every effort to store
the clients' records in a safe and secure; environment. However, the firm is not responsible for acts of war,
terrorism, or other such unexpected catastrophes that may affect the safekeeping of this report.
All matters treating the duties, responsibilities, and liabilities of the appraiser are in accord with the
Valuation Standards and Professional Practices as outlined by the Appraisal Foundation in the 2020-2021
Uniform Standards of Professional Appraisal Practice and the Code of Ethics of the Appraisers Association
of America.
The submission of this report concludes this appraisal assignment. Any additional services related to this
appraisal shall constitute a new assignment and shall be invoiced according to the appraiser's current fee
schedule at that time.
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Page 831 of 2938
Siobhan Morrizsey
Morrissay Fine Art
77 Harbor Drive, #9, Key Biscayne, FL 33149
305J361-2629
siobhan.morrisaey@gmaii.com
PRIVACY POLICY
Morrissey Fine .Art is committed to safeguarding the confidential information of our clients. We hold all
clients' personal information provided to our appraisal service company in the strictest confidence and in
accordance with the USPAP standards of confidentiality. Our files include information collected from
clients in connection with the personal property appraisal services provided by our company. At no time
in the past have we ever disclosed information to third parties, except as specifically authorized by our
clients, or as required by law, and we do not anticipate doing so in the future.
We are prohibited under federal law and USPAP to change this policy, without advising you first and
obtaining your permission. We use the personal property information provided by our clients to help meet
their appraisal requests, while guarding against any read or perceived infringements of their rights of
privacy.
Our policy with respect to personal information about our clients is as follows:
1. We limit employee and agent access to information only to those who have business or professional
reasons to know. and only to non-affiliated parties as required by law.
2. We maintain a secure office and computer environment to ensure that your information is not placed at
unreasonable risk.
3. The categories of non-public, personal information that we collect from a client depend upon the scope
of the client's appraisal engagement. This includes information about personal property assets, information
about tax identification numbers, and other non-public information necessary. Additionally, it might
include information about transactions between clients and third parties, and information from third party,
sources.
4. Unaffiliated third parties that require access to our clients' personal information, such as Federal and
State tax regulators, insurance companies, may only review company records as permitted by law.
5. We do not provide client information to mailing list vendors or solicitors for any reason whatsoever.
6. Personally identifiable information will be maintained during the time a client is a client of the company
and for the appropriate time thereafter that such records are required to be maintained by USPAP. After
this required period of record retention, all such information will he destroyed in a manner consistent with
providing confidentiality to our clients.
Miami Beach Tourism dt Culture Department, Cultural Affairs & Art in Public Places
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Siobhan Morrissey
Morrissey Fine AR
77 Harbor Drive, ir9, Key Biscayne, FL 33149
309t361-2629
siobhan.morrissey@gmail.com
BIBLIOGRAPHY AND SOURCES CONSULTED
PRINT
Appraisal Standards Board, Uniform Standards of Professional Appraisal Practice 2020- 2021. The
Appraisal Foundation, 2018.
Dickensheets, Caroline and Lowinger, Rosa. Condition Assessment Report Kevin Arrow - Beatles Mandala
(Amor = Love). Miami Beach: RLA Conservation, Inc., August 13, 2021.
ELECTRONIC
Art History Glossary, A database for art history, terminology: N�.arthistor\.about.00tn'od1glossar%
Artnet, Gallery listings and auction database: \%\vv,.artnct_c-gm
Artsy, Online art sales and data: xvm %%.after net
HGTV web article using Recycled Glass Tile, h-Ltt\.com- des ignrrcmodel,'interie r-
remodel using-L c%cled-glass-tile.
Here Rentals: hops::+�Kw�ti.hercrentals.cont'equipment%cate�n.htmllscrapers.html
CONSULTATIONS
Artist
Kevin Arrow
1315 Cleveland Road
Miami Beach, F1, 33141
Mosaic Tile Company
Trend Group
1565 NW 36111 Street
Miami, FL 33142
w N� w; trend--roup.com
Miami Beach Tourism & Culture Department, Cultural Affairs & Art in Public Places
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Effective Valuation Date: 3112023 page 30 of 33
Page 833 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, 09, Key Biscayne, FL 33149
3051361-2629
sobhan. monissey@grna1l.com
GLOSSARY
APPRAISAL: As defined by the Appraisal Standards Board (ASB) in the Uniform Standards of
Professional Appraisal Practice (LiSPAP) is "the act or process of developing an opinion of value."
According to the ASB, value can "be numerically expressed as a specific amount, as a range of numbers,
or as a relationship (e.g., not more than, not less than) to a previous value opinion or numerical benchmark
(e.g., assessed value, collateral value)." It should be noted that USPAP states that calling an appraisal
something else such as `valuation" or "valuation estimate" does not remove it from being considered as an
appraisal if the opinion of value is given. The document contains a valuation executed for a specific purpose
and follows specified guidelines.
APPRAISAL METHODOLOGY: This is the procedures and rules for executing properly prepared
appraisal reports.
ASSUMPTIONS AND LIMITING CONDITIONS: According to USPAP, the appraiser is required to
identify and explain the circumstances and appropriateness of any assumptions, extraordinary assumptions,
hypothetical and limiting conditions that have been used in an appraisal assignment. These terms or
concepts are generally linked together in most appraisals. They refer to the assignment conditions and how,
if varied, they might alter the appraisal results. An EXTRAORDINARY ASSUMPTION is an assumption,
directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or
conclusions. They must be clearly disclosed, and the intended users must be informed if they have affected
the valuation results. A LIMITING CONDITION refers to conditions that limit the appraiser's examination
or research of the appraised items and the appraisal assignment_ HYPOTIMCIAI. CONDITIONS are those
which are contrary to what exists but are supposed for the purpose of analysis. According to USPAP, all
assumptions and conditions must be listed and qualified in every appraisal.
BUY IN: this occurs at auction when an object does not meet its reserve price and fails to sell.
CLEAR TITLE: Good ownership, one free from encumbrances, obstruction or limitation.
COMPARABLES: Finding similar and like objects to the one being appraised is the most commonly
applied approach to evaluation. An examination and analysis of the sales figures for similar works or
comparable objects allows the appraiser to arrive at the appropriate appraised value for the one under
consideration. These figures are mandatory for most donation appraisals and may be provided by the
appraiser in other situations when the appraiser deems it necessary.
DE MINIMUS: A Latin term meaning minimal or nominal.
DISCLOSURE/FULL DISCLOSURE- Disclosure is the passing of information that is secret, not
previously known (i.e., revelation) or which is believed not to have been known previously. In an appraisal
situation, this would include disclosing confidential information shared by the client with the appraiser.
Full Disclosure, on the other hand, refers to the appraiser's obligation to state all the work that was done or
not done in generating the appraisal report or any other factors which may, at a later date, after the valuation
conclusions of the report.
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Siobhan Morrissey
Morrissey Fine Art
T7 Harbor Drive, X9, Key Biscayne, FL 33149
305MI -2629
siobhan.morrivW@gmal I. com
HYPOTHETICAL CONDITIONS: USPAP defines hypothetical condition as that which is contrary to
what exists but is supposed for the purpose of analysis. Hypothetical conditions assume conditions contrary
to known facts about physical, legal or economic characteristics of the subject property or about conditions
external to the property, such as market conditions or trends or about the integrity of data used in an analvsis.
Appraisals of damaged objects or appraisals done from a photograph used hypothetical conditions. A
hypothetical condition may be used in an assignment only if I ) the use of the hypothetical condition is
clearly required for legal purposes, for purposes of reasonable analysis, or for purposes of comparison; 2)
the use of the hypothetical condition results in a credible analysis; and 3) the appraiser complies with the
disclosure requirements set forth in USPAP for hypothetical conditions.
LNSITU: A Latin term meaning "in its place'.
MEDIUM: There are at least four definitions of this term: 1) The material the item is made from or the art
is produced upon and may include white or black paper, canvas, board, cel (acetate), clay (sculptures); 2)
The specific tool and material used by an artist, e.g., brush and oil paint, chisel and stone; 3) INC mode of
expression used by the artist, e.g., painting sculpture, the graphic arts; 4) A liquid that may be added to a
paint to increase its manipulability without decreasing its adhesive, binding or film forming properties.
MOST APPROPRIATE MARKET OR MARKETPLACE: This is the venue in which the appraiser
determines an object can be sold most easily and at the highest price. Frequently in the case of personal
property, where comparable works are scarce, the most appropriate market can be a combination of auction
and private gallery sales.
PRIMARY MARKET: The primary market is one created by the maker or maker's agent when an object
is originally sold, usually in galleries or other retail outlets. The secondary market is the venue for the sale
of an object between a seller and a buyer with neither having participated in the creation or initial sale of
the object. In the instance of multiples, a valid secondary market cannot exist while the maker or his agent
retains a supply of the original offering.
PROVENANCE: History of ownership for an item back to its maker. Provenance supports authenticit)
and enhances value if the work was part of an important collection or appeared in a major exhibition.
QUALIFIED APPRAISAL: A Qualified Appraisal is an appraisal conducted by a qualified appraiser in
accordance with generally accept appraisal standards. The IRS further states that an appraisal will be treated
as having been conducted in accordance with generally accepted appraisal standards if it is consistent with
the substance and principles of the Uniform Standards of Professional Appraisal Practice (USPAP).
QUALIFIED APPRAISER: A Qualified Appraiser is an individual who has eamed an appraisal
designation from a recognized professional appraiser organization or has otherwise met minimum
educational and experience requirements set forth in regulations prescribed by the IRS. The minimum
education and requirements are met if the appraiser has successfully completed college or professional level
course work that is relevant to the property being valued; obtained at least two years of experience in the
trade or business of buying, selling or valuing the type of property being valued; regularly performs
appraisals for which the individual receives compensation; and meets such other requirements as may be
prescribed by the IRS in regulations.
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Page 835 of 2938
Siobhan Morrissey
Morrissey Fine Art
77 Harbor Drive, 99, Key Biscayne, FL 33149
305/361-2629
siobhan.morrissey@gmaii.com
UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL. PRACTICE (USPAP): These are the
appraisal procedures and guidelines for conducting and writing appraisals as published by the Appraisal
Standards Board of The Appraisal Foundation. First codified in 1987, these standards apply to all
disciplines of appraising and are predicated on the concept that there is common methodology which can
be found in all aspects of appraisal practice including appraisal, appraisal review, and appraisal consultancy.
VALUATION APPROACHES:
■ Comparative Market Data Approach: This is the most commonly applied approach when
appraising personal property in which appraised value is based upon past prices (close to the
Effective Date) for similar works by the same artistimaker or of similar works by anther
artist/maker of equal standing and related reputation.
■ Cost Approach: This approach is used to determine the value of an object based upon the cost
of duplicating or recreating the identical piece. This approach may be applied to the decorative
arts when the methods of construction or materials used are replicable and of significant
inherent value.
■ Income Approach: This approach is used to determine the value of a work of art or object
that will be used to generate future income. This is most often done through leasing, rental, or
creating reproductions, but not through a one-time only sale with transfer or title and%or
copyright.
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RESOLUTION NO.
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 BEATLES MANDALA
(AMOR=LOVE), 2014 (THE "WORK"), BY KEVIN ARROW (THE "ARTIST"),
CONSISTENT WITH THE CITY'S ART IN PUBLIC PLACES
DEACCESSIONING CRITERIA, WHICH ALLOWS FOR DEACCESSIONING
IN SITUATIONS WHERE THE VALUE TO REPAIR A WORK EXCEEDS THE
VALUE OF THE WORK ITSELF, AND/OR THE WORK POSSESSES
FAULTS OF DESIGN OR WORKMANSHIP.
WHEREAS, Beatles Mandala (Amor--Love) (hereinafter, the 'Work'), located at Collins
Avenue and 73rd Street by artist Kevin Arrow (the `Artist), was commissioned as a site -specific
installation and completed in late 2014; and
WHEREAS, on February 6, 2015 the artist received final payment for the Work, and in
doing so, the artist agreed to the contractual terms of the Professional Services Agreement,
which held the artist responsible for the proper execution and installation of the Work in its
entirety; and
WHEREAS, on February 23, 2015 the Work began to show signs of faulty installation
with pooling of water inside the mosaic on the southeast comer of the Work, and on December
2015 tiles began popping out of the substrate; and
WHEREAS, over a four year period from approximately February 2016 to October 2020,
City staff provided hundreds of hours of in -kind maintenance; and
WHEREAS, by the beginning of 2021, the substrate disintegrated to a point that tiles
dislodged immediately after installation and in -kind resources were not able to keep up with the
rapid deteriorabon; and
WHEREAS, over this period of time, approximately $52,800 was spent in staff hours
maintaining the Work; and
WHEREAS, under Article 2 Scope of Services, Section 2.11(b) of the Agreement
between the Artist and the City, dated June 22, 2004, the Artist was solely responsible for
conducting any and all inspections of the Site for purposes of ascertaining the condition of same
and for proper execution of the Work, and completion and installation of the Project; and
WHEREAS, under Exhibit A of the Agreement between the Artist and the City, the Artist
was responsible for construction oversight during the fabrication and integration of all artist -
designed components, whether fabricated by artists' subcontractors or included in construction
documents to be fabricated; and
WHEREAS, on October 19, 2021, the Art in Public Places Committee recommended
removal of the mosaic due to damage that seems most likely to be the result of the concrete
slab onto which it has been set, which was not canted to slough off water; and
Page 837 of 2938
WHEREAS, on May 6, 2022 RLA Conservation prepared a comprehensive scope of
work for the documentation, removal and catalogue crating of the mosaic, which totaled
$60,000-$74,000; and
WHEREAS, in late 2022, the Artist proposed an alternate solution that would involve
filling in the lost tiles with colored grout; and
WHEREAS, however, after further study by the artist, this would not provide the work
with long-term stability moving forward without regular maintenance as loose tiles would
continue to fall off and well -adhered tiles will eventually become loose; and
WHEREAS, the original artwork commission was $70,000, and the cost of removal and
reinstallation exceeds the cast of the commission; and
WHEREAS, on February 21, 2023, the Art in Public Places Committee made a motion to
deaccession the Beatles Mandala (Amor--Love), 2014 by Kevin Arrow located at Bandshell
Park, Collins Avenue and 73rd Street; and
WHEREAS, the Art in Public Places Guidelines, as adopted through Resolution No.
2004-25562, includes deaccessioning criteria, which allows for deaccessioning in situations
where value to repair work exceeds the value of the work itself, and/or the work possesses
faults of design or workmanship; and
WHEREAS, on March 27, 2023, Morrissey Fine Art provided an appraisal of the Work,
as set forth in the Appraisal Standards Board of the Appraisal Foundation (USPAP), and the
retail replacement value appraisal for insurance purposes was estimated at $5,000.
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 Beatles Mandala (Amon -Love), 2014 by
Kevin Arrow, consistent with the City's Art in Public Places deaccessioning criteria, which allows
for deaccessioning in situations where the value to repair a work exceeds the value of the work
itself, and/or the work possesses faults of design or workmanship.
PASSED AND ADOPTED this day of 2023.
ATTEST:
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-I-L_- 3
CKy ANorRW DOW
Page 838 of 2938 V
W4r23 4 24 PM CovMlMlf
MI&MI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE. July 26, 2023
SUBJECT REFERRAL TO THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE - DISCUSS
ACQUISITION OF ARTWORK BY ARTIST KEVIN ARROW COMMEMORATING THE BEATLES
MANDALA.
SACKGROUNDMISTORY
Beatles Mandala (Amor-Love), located at Collins Avenue and 73rd Street by artist Kevin Arrow, was commissioned as a site -
specific installation. Composed of a concrete base and glass ceramic tiles, the Work was completed by the artist in late 2014. As
early as February 2015. the work began to show signs of water damage. To provide background, below is a synopsis detailing
faults of design and workmanship at the onset of the project and measures taken to conserve the artwork.
• February 6. 2015 the artist received final payment for artwork. In doing so, the artist agreed to the contractual terms of the
Professional Services Agreement, which held the artist responsible for the proper execution and installation of the Work in its
entirety. Under the agreement, the artist shall be solely responsible for conducting any and all inspections of the Site for purposes
of ascertaining the condition of same and for proper execution of the Worts, and completion and installation of the Project. In
addition, the artist shall be responsible for construction oversight during the fabrication and integration of all arbst-designed
components, whether fabricated by artist's subcontractors or included in construction documents to be fabricated and installed by
others. (Exhibit A)
• February 23, 2015 the artwork began to show signs of faulty installation with pooling of water inside the mosaic on the southeast
comer of the artwork. Artist was notified of condition and per Artist Agreement with the City, under ARTICLE 2, SCOPE OF
SERVICES, Section 2.11(b)
ARTIST shall be solely responsible for conducting any and all inspections of the Site for purposes of ascertaining the condition of
same and for proper execution of the Work, and completion and installation of the Project.
EXHIBIT A SCOPE OF SERVICES, CONSTRUCTION & INSTALLATION COORDINATION
The ARTIST shall be responsible for construction oversight during the fabncation and integration of all artist -designed components,
Page 839 of 2938
M" amwn"wh,rcv � 114
8!'4R3 4 24 PM
whether fabricated by ARTIS7-s subcontractors or included in construction documents to be fabricated
• December 2015 tiles began popping out of the substrate
• February 2016-0ctober 2020 (approximate) Parks Department staff were trained by the ble installer to reinstall dislodged tiles
Parks Department staff provided hundreds of hours of in -kind maintenance over this four-year period. By the beginning of 2021, the
substrate disintegrated to a point that tiles dislodged immediately after installation and in -kind resources were not able to keep up
with the rapid detenorabon. Over this period of time, approximately $52,800 was spent in staff hours maintaining the work.
- February 2, 2021, the City contracted with Torres Construction to repair the tile. The scope of this project included sourcing
specified tiles and materials, installation of tiles (with possible grout and site remediabon) and sealing the final work to prevent
future water intrusion. Overall, this process would restore this work of art aesthetically, without addressing undertying foundation
issues. Missing tiles would be ordered and installed within the mosaic in accordance with the initial design and in collaboration with
the artist.
- June 2, 2021, Torres Construction concluded the tiles were not able to be restored and refunded the deposit to the City. The
contractor found several areas that were hollow under the fiber board, which means that water has disintegrated both the adhesive
and fiber board. The contractor concluded that even an aesthetic repair to the tiles was not possible, as the area below the fiber
board was too damaged. As well, other areas of the mosaic had tiles fall off just by touching them.
- October 19, 2021, the Art in Public Places Committee recommended removal of the mosaic due to damage that seems most
likely to be the result of the concrete slab onto which it has been set, which was not canted to slough off water. Standing water has
deteriorated the artwork.
- May 6. 2022 RIA Conservation prepared a comprehensive scope of work for the documentation, removal and catalogue crating
of the mosaic. The estimate for this work is $60,000474,000. This amount does not include security fencing for duration of de -
installation, re -surfacing of foundation after removal, grass replacement, etc., which would be an additional cost. Most notably, the
cost of reinstallation of the mosaic has yet to be determined. (Exhibit B)
• In late 2022, the artist proposed an altemate solution that would involve filling in the lost tiles with colored grout. However, after
further study by the artist, this would not provide the work with long-term stability moving forward without regular maintenance as
loose tiles would continue to fall off and well -adhered tiles will eventually become loose.
- The artwork commission was $70,000, cost of removal and reinstallation exceed the cost of the commission.
- On February 21, 2023, the Art in Public Places Committee made a motion to deaccession the Beattes Mandala (Amor--Love),
2014 by Kevin Arrow located at Bandshell Park, Collins Avenue and 73rd Street At the meeting, the Art in Public Places
Guidelines, as adopted through Resolution 2004-25562, which provide criteria for an artwork to be deaccessioned, were
discussed. This includes the fallowing: situations where value to repair work exceeds the value of the work itself: the work
possesses faults of design or workmanship; the work causes excessive or unreasonable maintenance, the work is damaged
irreparably, or to an extent where repair is prinagar or impracticable; or the work represents a physical threat to public safety.
hVIlrrrwomiboarn.novuogena.conVagWtdWubiucovwShssa.wrliwt,ia3iei7aMeeon D--1192 214
W14r23. 4 24 PM
Coversheet
• On March 27, 2023, Morrissey Fine Art provided an appraisal of the work, as set forth in the Appraisal Standards Board of the
Appraisal Foundation (USPAP). The retail replacement value appraisal for insurance purposes is $5,000, (Exhibit C)
ANALYSIS
On February 22, 2023, the Mayor and City Commission approved a referral to the Public Safety and Neighborhood Quality of Life
Committee sponsored by Commissioner Kristen Rosen Gonzalez to discuss the restoration of the Beatles Mandala by artist Kevin
Arrow. At the May 23, 2023 Public Safety and Neighborhood Quality of Life Committee meeting, staff was directed to work with the
artist to propose a new work that would conceptually memorialize the Beatles Mandala.
On May June 2, 2023, staff met with artist Kevin Arrow to discuss the possibility of a new commission and agreed to the following.
• Proposed funding not to exceed $70,000,
• Artist to prepare a brief statement regarding the proposed acquisition, based on the following
a Work(s) from existing body of work
e Q$
o Work (large scale painting) to commemorate the Beatles Mandala
o Work should be transportable and installed in an existing City facility
• AiPP staff to identify potential City owned facilities for proposed work
• Artist was informed and agrees a Resolution authorizing the deaccession of the Beatles Mandala will be presented to the City
Commission
• Artist to be kept abreast of artwork removal timeline and authorized to retain remaining tiles at artists' own expense
On June 7, 2023, Kevin Arrow presented three proposals, noted as follows
Option 1-A large scale (96" x 96") painting that will commemorate the original artwork
Option 2- A large scale digital lightbox collage that incorporates images of the Beatles artwork
Option 3- Acquisition of artworks from most recent body of work
On June 30, 2023,staff conducted a studio visit with artist Kevin Arrow. Given the vast and impressive body of work the artist has
recentty completed, Option 3 "acquisition of artworks from most recent body of work" is recommended. The artwork proposal will be
presented to the City Commission for approval following review and recommendation of the Art in Public Places Committee.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
Funding in an amount up to $70,000 needs to be identified for acquisition.
Applicable Area
North Beach Page 841 of 2938
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314
&1423 424 PM Coveran"t
Is this a "Residents RightW Does this item utilize G.O.
Know" itemtipyrsuant to Bond Funds?
CIIY Code Section 2-14?
Yes No
Shategic Connection
Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination.
Legislative Tracking
Tounsm and Culture
Sponsor
Commissioner Kristen Rosen Gonzalez
ATTAG MENTS:
Description
❑ Fxhlbit A Kevin Arrow PSA
D Exhibit B RLA Removal and Cataloai0g Quote
u Exhibit C Artwork Appraisal 2023
❑ Referral February, 2023 NQLC
❑ Resolutian
Page 842 of 2938
hapt Nmarmbeochrax segerdacoMagmidopL"cr-overshoot.apx'?ttemID=31617&MoetrpID=1182 N4
Committee Assignments - C4 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Kristen Rosen Gonzalez
DATE: February 22, 2023
SUBJECT: REFERRAL TO THE PUBLIC SAFETY NEIGHBORHOODS AND QUALITY OF LIFE COMMITTEE
TO DISCUSS RESTORING THE BEATLES MANDALA BY ARTIST KEVIN ARROW, LOCATED AT
7251 COLLINS AVE.
SL
na
na
ARRIIcable Area
Citywide
Is this a "Residents Rlaht to Does this Item utilize G.O.
Know" Item,-ourauant to Bond Funds?
City Code Sectlon 2.147
Yes No
L 291alaIhCeIrlcklil9
Commissioner Kristen Rosen Gonzalez
ATTACHMENTS:
Description
o Beatles Mandala 1
a Seaties Mandala 2
Page 843 of 2938