2004-25562 Reso
RESOLUTION NO. 2004-25562
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, ADOPTING THE ART IN PUBLIC PLACES FIVE YEAR
MASTER PLAN AND GUIDELINES.
WHEREAS, in September of 2001 , the nationally recognized public art consultant,
Glenn Weiss, began working with City staff to research funding sources, potential sites and
viable projects for public art in order to lay a foundation for commission and acquisition
practices in keeping with the City's global image; and
WHEREAS, in October of 2002, the Art in Public Places (AIPP) Master Plan was
reviewed by the Administration and presented to the Community Affairs Committee for
input; and
WHEREAS, the Administration was asked to research the financial impact of
expanding the definition of "public facilities," and to reconcile the appropriations and
transfers to the AIPP Fund; and
WHEREAS, the reconciliation report reflects a total amount of $763,246, to be
appropriated to the AIPP Fund since inception, of which $711,511 has been transferred
into the AIPP Fund; and
WHEREAS, this amount includes $100,000 for the SouthPointe Streetscape art
project which originally was to come from General Obligation (GO) Bond funds; however,
because the project is within the boundaries of the South Pointe Redevelopment District,
the funding will come from redevelopment area tax increment funds, and the original GO
Bond allocation will be used to fund approximately $51,735 in currently unfunded AIPP
allocations from other GO Bond funded projects; and
WHEREAS, additional amounts received from new construction not yet in design,
will be programmed during the City's annual planning efforts; and
WHEREAS, the AIPP Fund has had expenditures from FY 99-00 through FY 02-03
for maintenance, administration, and for projects/new artworks totaling $220,515; and
WHEREAS, under the direction of the Department of Tourism and Cultural
Development, and pursuant to the proposed AIPP Master Plan and Guidelines, 25% will be
allocated for maintenance/conservation and administrative needs, and 75% will be
earmarked as "art dollars" for commission and acquisition of works of art; and
WHEREAS, the AIPP Fund has a total of $542,731 available over the next five
years and, accordingly, there will be approximately $320,650 for new works of art; and
WHEREAS, the proposed AIPP Guidelines outline each step in the public art
process from identifying a project, to selecting an artist, to managing a program that
includes a portable and permanent collection; and
WHEREAS, many ofthe recommended procedures in the proposed guidelines have
already been incorporated into the daily practices of the City's AIPP program; and
WHEREAS, the Guidelines include the following policies:
policy for donation of works of art, monuments, and memorials (adopted 1998);
policy for plaques and historic markers (adopted 2000); and
policy for selection of projects (drafted 2003).
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 adopt the attached AIPP Five Year Master Plan (04-08) with Guidelines to
establish a viable public art program in fitting with the City's global image as a tourist
destination. .
PASSED and ADOPTED this 5th day f
,2004.
ATTEST:
~r~ OJ. Jw.-
CITY CLERK
T:\AGENDA\2004\May0504\Regular\AlPP Master Reso.doc
APPROVED NJ TO
FORM & LANGUAGE
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CITY OF MIAMI BEACH
ART IN PUBLIC PLACES PROGRAM
5 YEAR MASTER PLAN (04-08)
TABLE OF CONTENTS
INTRODUCTION & RECOMMENDATIONS
RESPOND TO OPPORTUNITIES
CONSISTENT FUNDING
NEW ADMINISTRATIVE PROCEDURES
GOALS
PARTNER FOR IMPACT
ENHANCE THE QUALITY OF LIFE
ENERGIZE THE CITY
MANAGEMENT
THE LIFESPAN OF ARTWORKS
UNCOMMON PUBLIC ART
ADMINSTRA TIVE MODIFICATIONS
PROJECTS & FUNDING
INCOME AND EXPENDITURES
FUND BALANCES
APPENDIX
ANNUAL BUDGET PROCESS
EXHIBITS
GUIDELINES
MAP OF PUBLIC ART
I AIPP MASTER PLAN (3110104)
PAGE 1
INTRODUCTION
INTRODUCTION TO THE MASTER PLAN
Required Consistency
More than any city in the Americas, the City of Miami Beach has an urban image of 20th century
architecture, design and art. Proof exists in the sale of millions of DECO and MIMO hotel
postcards, in the reputation of the W olfsonian Museum, and in the vast number of film, print,
television and video backdrops.
More than any city it's size in the United States, numerous international and American collectors
of contemporary art reside in and visit Miami Beach. Witness the success of Art Miami and the
future of Art Basel Miami Beach.
In unusually high percentages, hotel and residential developers utilize trendy, high quality design
and art as a feature to attract guests and buyers. The Delano Hotel, the Sagamore Hotel, and the
AQUA Complex, are just a few examples.
From time to time, the City Commission and City staff support this visual celebration with unique
artistic additions to civic projects. Just watch the smiles of citizens examining the interior court
and elevator floors of City Hall or the visitors pointing at the colorful lifeguard stands on South
Beach.
Yet when an objective view is given to the City's official Art in Public Places (AiPP) program, a
surprisingly under-funded program exists compared to other cities of comparable size and
reputation to Miami Beach.
In the same roughly 20-year period, Santa Monica, California has produced dozens of public
artworks that are now part of the city image. With similar population, square miles and city
budget size, Santa Monica's public art program has a consistent budget of $135,000 per year, not
counting the special bond-funded projects.
In its six (6) square miles with universities and 100,000 residents, Cambridge, Massachusetts has
a basis public art budget of $1 00,000 annually and two (2) full time employees to manage
projects, write grants, organize conferences and conserve artworks.
Cities of comparable reputation and demands on city services such as San Francisco. California
dedicate 2% of construction budgets of buildings, parks and many infrastructure projects. Artistic
bus shelters, sidewalks, retaining walls and benches have become positive aesthetic additions to
the city. In a groundbreaking public art program with millions of dollars, Phoenix has let artists
working with engineers create a visual image for the city through highway sound walls,
sidewalks, light poles, park shelters, etc. The citizens of Seattle, Washington. with the city in its
worst economic downturn since the 1970s, continue to fund public art into every comer of the
city.
These cities smartly utilize the visual abilities of artists. Their enhanced cityscapes support the
daily quality of life, inspire civic pride and create memories for the tourist and resident.
AIPP MASTER PLAN (FINAL 3/10104)
PAGE 2
INTRODUCTION
RECOMMENDATION #1: RESPOND TO OPPORTUNITIES FOR ART
The City of Miami Beach knows the power of visual arts images. Unique to itself in the nation,
Miami Beach has always sponsored public art projects when it just seems like the right thing to
do. From the Carl Fisher Flagler Memorial to the Lincoln Road Revival, funding has been found
for the arts. The 11 Electrowave bus wrap designs by local artists, the temporary outdoor
sculpture at Collins Park, and the future pump station screen "Corona del Mar" to be sited at the
public plaza on Third Street and Washington Avenue, are current examples.
The City of Miami Beach strives to achieve these visual images when the opportunity presents
itself. The City should never lose the positive responsiveness to citizen or Commission initiatives
like the Holocaust Memorial and the City Hall Floor or artist initiatives like the Christo's pink
island wraps or Betancourt's beach icons.
The first recommendation to respond to opportunities for public art requires a full-time program
administrator, a consistent budget, and initiatives and opportunities for public art. Funding is
required to develop support features such as lists of talented public artists, sample contracts and
on-line databases of ideas from around the world, potential donation sites and improved Capital
Improvements with Art in Public Places management procedures.
RECOMMENDATION #2: CONSISTENT FUNDING FOR ART IN PUBLIC PLACES
The City of Miami Beach has benefited from a sustained program to preserve, celebrate and
promote the City's DECO and MIMO architectural heritage. This program includes both control
and encouragement of the private sector development and the design of buildings and
infrastructure by the City itself. With a successful record, it is "consistency" of the years that
taught every City agency and private developer the requirements to preserve this heritage.
The Art in Public Places program has been denied the type of funding and program consistency
that permits the Historic Districts to be successful. Outside of the Department of Tourism and
Cultural Development, the agency heads and construction managers have very little experience
working with artists. Unlike the Historic Districts, these managers do not have public art
incorporated into their thinking on design and construction. Only consistent funding can create
the habits among other agencies that lead to the incorporation of esthetic requirements that are
enjoyed in the historic districts of Miami Beach, and in the public art programs of Portland,
Seattle, Santa Monica, Phoenix, San Diego, Houston, Austin, Denver, and many more.
The second recommendation is that the City's existing Art in Public Places Ordinance
("Ordinance") be amended to create a consistent base of funding for the Art in Public Places at a
level of $1.50 per resident annually from the capital budget (national average for successful
public art programs). This is minimum base funding. Additional annual funding is required for
full-time Art in Public Places staff, artwork maintenance and promotion/education. Above the
base $1.50 per resident, further additional funding is recommended that could result from major
private/public partnerships as per the recommended/proposed changes to the Ordinance, as well
as the addition ofa percent-for-art initiative in private development. When amending the
Ordinance, a simple method to calculate the AiPP allocation per City construction proiect should
be created that does not require judgement as to project eligibility, as currently exists in the
Ordinance.
AIPP MASTER PLAN (FINAL 3/10104)
PAGE 3
INTRODUCTION
RECOMMENDATION #3: NEW ADMINISTRATIVE PROCEDURES
The successful integration of the public art program requires successful coordination with the
various agencies. The most important are the Capital Improvements Projects (CIP) Office,
Planning, Property Management, Public Works and Parks. This plan makes recommendations for
annual AiPP project development processes that will coordinate the various agencies, the CIP
Office and the Annual Budget adoption. Other recommendations include collection maintenance
assessment and cataloging, on-line database for multi-agency project coordination, and
interagency memos of understanding regarding planning, initial costs and long-term care.
SUCCESS IN THE FUTURE
The Art in Public Places program was kick-started in 1999 with the passage of the GO Bond by
the citizens of Miami Beach. Before then, only three (3) AiPP artworks had been purchased for
the Police Headquarters building in 1992.
At this time, all AiPP funding from the GO Bond, Bass Museum addition and Regional Library,
and other existing projects has been assigned. In other words, without additional funding, once
the existing funding has been expended, no other AiPP art works will be created and installed.
Possible future projects that may contribute funding toward the AiPP fund are the proposed
parking garage behind City Hall, the 1 ih Street City Center Complex, and private development
on public property. If and when these projects become a reality, without the infusion of
additional projects, or additional funding, the AiPP program will be stunted again.
Consistency is required. With consistency you will encounter the significant opportunities for
relationships that will make the program an important contributor to the reputation and quality of
life in Miami Beach. Public Works has many neighborhood improvement projects such as
sidewalks, street-end places and landscaped right of ways that can benefit from the ideas of an
artist. Collins Canal Design with its new retaining structure and pathways will be a magnificent
opportunity for an important art project through the heart of the city linking the cultural district
with the Convention Center and Holocaust Memorial. New trails, bikeways and paths like Indian
Creek could spread art throughout the city.
Collaboration with the Historic Preservation Board could lead to the restoration and conservation
of Miami Beach historical monuments and possible purchases of historic sculptures and murals
from private dealers or collectors. Many ofthe 1920's Carl Fisher Polo Park and Collins Island
sporting statuary were destroyed years ago, and his signature piece, the Flagler Memorial obelisk
with allegorical statuary situated on Monument Island in Biscayne Bay, is in jeopardy of
deterioration.
Given Miami Beach's position as the center of the Americas, it is only logical that buildings,
plazas, streets and parks should reflect the highest cultural ambitions. With the right support, the
staff and citizen volunteers, the Art in Public Places program can contribute dramatically toward
that goal.
AIPP MASTER PlAN (FINAL 3110104)
PAGE 4
GOALS
Art in Public Places programs around the world discover goals that respect the general values and
cultural aspirations of the community they serve. But the very best add a layer that sparks a
flowering of creative works that add richness to the character of a place or city.
In Miami Beach, creativity and innovation are part of the city. Respect and value for modern
architectural design is essential to its definition. Film, fashion and music transmit the spirit of the
city around the globe. Through partnering with creative institutions and city agencies, public art
will take its significant place as a memorable experience and image for citizens and tourists to
come.
~he Department of Tourism and Cultural Development's mission is to enrich the economic and
cultural fabric of Miami Beach through the support of tourism. production, and entertainment bv fostering
events and cultural arts programming. The Cultural Division of this department includes not onlv Art in
Public Places. but the Bass Museum. the Cultural Arts Council and a relationship with the Cultural Arts
Trust as well. More opportunities will become available for the Art in Public Places program to enhance
the growth and vibrancv of the community through existing and expanding partnership opportunities. The
overall impact will be a more enhanced and energized experience for the resident and visitor.
Goals for the Art in Public Places program include:
Overseeing the Citv's public art collection
Enhancing the phvsical environment of Miami Beach with artworks of the highest level of
quality and suitability for the site
Serving as the coordinating bodv for all public art and memorial proiects on Citv property
Building partnerships with the private sector. non-profit and communitv groups that connect
the AiP? proiects to the life of the Citv
Encouraging participation bv artists based in the Citv and the County area
Serving as an active source of information about public art.
I AIPP MASTER PlAN (3/10104)
PAGE 5
GOALS
PARTNER FOR IMPACT
Public Art in a Dynamic Community
The City of Miami Beach is a dynamic, vibrant community with the unique physical attributes of
its architecture, beaches, nightlife and prime geographic location in the Western Hemisphere.
Residents, South Floridians and international travelers seek out the pleasures of Miami Beach for
a night, week or lifetime. Businesses in the arts, design, film, entertainment, music, dining,
hospitality, travel, tradeshows and property development invest in Miami Beach as long as the
!:;ity continues to be a desirable center of positive growth. Growth means opportunities.
The primary premise of this Master Plan for Art in Public Places is to maintain flexibility and
grasp opportunities caused by the dynamics of growth. These opportunities lie within all sectors
of the economy of Miami Beach - private, public and non-profit.
The history of public art in Miami Beach started in the private sector with artworks
commissioned by Carl Fisher to enhance the desirability of property for sale. Nearly 90 years
later, Craig Robins ofthe Dacra Companies will be installing new artworks for his AQUA
Complex on Allison Island. The historic concrete and ceramic details ofDECQ and MIMQ
architecture were necessities of a successful hotel, theater, club or apartment building. Today,
renovated hotels such as the Sagamore and the Delano utilize contemporary art and design as
features to attract their clients and to add to the overall flavor of the Q!y. These are opportunities
grasped by the private sector which in turn respond to the investor, resident and tourist from all
continents.
In the last few decades, the non-profit sector has found a successful niche. The Art Center South
Florida helped to revitalize the Lincoln Road pedestrian corridor by displaying painting,
sculptures and prints in a variety of storefront windows. The Miami City Ballet with its dance
studio windows at street level and the Bass Museum of Art with its changing outdoor sculpture
vitalize the cultural campus of Collins Park. With the huge influx of art buyers for Art Basel
Miami Beach and Art Miami, volunteer groups of artists (with the support of galleries and
collectors) organized temporary events throughout the city to include many gardens, hotel rooms
and commercial public spaces. With the importance of the Jewish community in Miami Beach,
America's most powerful Holocaust memorial rose out of the historic pain and contemporary
generosity. In each case, the formal and informal organizations found opportunities and made
them happen.
The City of Miami Beach has found ways to support these private and community efforts with its
own inventiveness. The City led the way with Lincoln Road's intensive artistic splendor through
the white architectural follies by Morris Lapidus; the striped pavements, concrete balls and tile
fountains; and the 1990's dynamic kiosk by Carlos Zapata. Created quickly by construction
teams of the Property Management department, the beach lifeguard stands by William Lane have
now become a primary international symbol of the Miami Beach.
Other agencies have found ways to contribute to Miami Beach's success. The Parking
Department's magnificent plant-covered parking garage had been an architect's dream that Miami
Beach accomplished. The f;nvironmental Division of the Public Works Department gathered the
AIPP MASTER PLAN (FINAL 3/10/04)
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GOALS
remaining Bacardi concrete bar (and Bacardi's public relations machine) and submersed it as a
dive site off of South Pointe Park. Today they are working with a Key West sculptor to make
another dive site as environmental mitigation for beach re-nourishment.
In other ways, the ~has let things happen that enhance the reputation of Miami Beach and as a
result, created major new artworks for the world at large. Christo's rink Island wraps and Carlos
Betancourt's beach icons still reverberated around the world. In the past year, the Department of
Tourism and Cultural Development's division of Arts, Culture and Entertainment scooped up the
failed ~ounty project and created the exciting Miami Beach Festival Season temporary outdoor
sculpture display of eight-foot tall flamingos during the summer of 2002. These were
opportunities "not lost".
As Mayor David Dermer wrote in his 2002 state of the City speech, "In addition to the thousands
of room nights generated, these (arts) events sent positive images out to the worldwide media in
ways that advertising could never buy. "
But finally, in its most important artistic achievement, the City recognized the significance of its
architectural heritage. Through the efforts of many people and the institution of the Historic
Preservation Board, the streets and buildings are a giant artwork with no comparable American
example. Miles of enchanting building facades, entry courts and landscaping have turned Miami
Beach into America's #1 walking city. With the recognition of MIMO and later modem
architecture, Miami Beach will again lead the way by grasping the opportunity within.
EXISTING OPPORTUNITIES FOR PUBLIC ART
PRIVATE SECTOR OPPORTUNITIES
Many leaders and arts supporters in the private sector recognize the value of public art in creating
the atmosphere of a dynamic, creative city where people want to live, work and play. This lively
atmosphere increases the value of private land and property in the city. These individuals and
businesses would welcome simple methods to foster the positive atmosphere through public art.
Priority: Develop and administer simple methods for contribution by the private sector
and encourage the following:
. Purchase and display of artworks in the public areas of new developments.
Example: Richard Haas mural formerly at the Fountainbleu Hotel and the
Tuttle mural to be installed at the AOUA Complex
. Design and lending of sites for new public art on private property.
Example: Video Projections/ Murals (Wolfsonian, 407 Lincoln Rd)
. Private sector contributions to public projects in close proximity.
Example: Miami Beach Golf Course Lake (The Meridian Lofts and the
Chamber of Commerce)
. Donations or loan of existing artworks to be sited on public or private lands.
Example: Art Basel Miami Beach Sculpture Garden at Collins Park
NON-PROFIT SECTOR OPPORTUNITIES
The non-profit sector of museums, performing arts groups and educational institutions can benefit
from public art projects that enhance their programming, outreach and public awareness.
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GOALS
Prioritv: Collaborate with and encourage the non-profits to utilize visual artists and
public artworks to take their messages to the general public. Match AiPP projects with
non-profits through the following:
. Collaborate to enhance the public education and celebration regarding new public
artworks through relevant museum exhibitions or performances.
Example: Rededication of the Miami Beach "Mermaid" sculpture to
coincide with the Roy Lichtenstein retrospective at MOCA
. Discover methods that the public art project provides programming to non-
profits.
Example: Collins Park temporary/permanent sculpture display
. Bring media attention and street-level awareness to non-profit organizations.
Examples: "Miami -eye-guy" wall mural by Kenny Sharf and "Flamingos
on the Beach" and "Miami Beach Balls" outdoor sculpture projects
PUBLIC SECTOR OPPORTUNITIES
Public sector opportunities exist to assist other City of Miami Beach departments and to
collaborate with other governments such as Federal (Army Corp of Engineers), State (FDOT),
Miami-Dade County and adjacent cities.
Prioritv: Be attentive to the needs of other City & non-City agencies and propose
methods to solve their needs via public art.
Examples: Large format projections, gateway signage, and pump station
visual screens.
EXPANDING OPPORTUNITIES FOR PUBLIC ART
ENCOURAGE BY EXAMPLE
The AiPP Program will encourage the public, private and non-profit sectors to participate in
public art through demonstration projects of the AiPP.
Prioritv: Create the demonstration projects and distribute printed materials to educate
about public art possibilities.
. Example: Electrowave Shuttle Vehicle Designs
MAKE PUBLIC ART "DOABLE"
As much as possible, prepare "how to" information for interested parties. Public art will not
happen unless it can be implemented as part of the normal project development.
Prioritv: Given limited trCD/ ACFj staffing, maintain a complete list of on-call
consultants, architects, public art consultants and art curators.
. Example: Sagamore Hotel Art Collection and ~Flamingos_on_the_Beach:
ASSIST OTHER AGENCIES
Other ~agencies will be encouraged to utilize artists to achieve their goals. AiPP will be a
resource for artists and designers that could provide various services from neighborhood arts
projects to concrete fabricators.
Prioritv: Develop a list of local artists and their skills. Utilize the artist registry for the
~ity, Miami-Dade County, Broward County, State of Florida and others.
. Example: South Beach Lifeguard Stands and Electrowave Shuttle Vehicles
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GOALS
COLLABORATION WITH OTHER BOARDS
As a city with some of the 20th century's highest architectural accomplishments in both historic
landmarks and new architectural design, Miami Beach has an attitude of modern design
excellence that is protected through the Historic Preservation Board (HPB) and the Design
Review Board (DRB). Collaboration with these boards could lead to both new buildings with
appropriate artworks and public art that supports the character of the historic districts.
Prioritv: HPB, DRB and AiPP will benefit from the input from board members and the
inclusion as selection committee members to keep the communications open to foster a
more vibrant and meaningful environment for our residents and visitors.
PUBLIC ART "LOCATIONS.
Like the exhibition halls of the Convention Center for national trade shows or the streets of
Miami Beach for "Film and Print locations", various public spaces of Miami Beach could be
identified as locations for donations of permanent or temporary public art. Individuals,
corporations, non-profits or groups of artists would utilize the pre-approved "locations".
Priority: In conjunction with various Qkdepartments, the Convention Center and Film
and Print Division, develop a list of pre-approved sites in order to bypass the project-by-
project application requirements from the agencies.
. Example: Botanical Gardens and Collins Park for" Art Basel Miami Beach"
outdoors installations, and the Byron Carlyle, the Jackie Gleason, and the
Wolfsonian for digital murals or video projects.
MAINTENANCE OF QUALITY WITHIN AN OPEN SYSTEM
The proposed open process for increasing the energy of Miami Beach through public art
generates fears about the quality of art in the public realm. But a review of the history of Miami
Beach does not support this fear. City leaders, city staff and developers understand the necessity
regarding the maintenance of high aesthetic standards. These leaders have put intelligent
protections in place with city board membership qualification requirements and related
board/committee (HPB, DRB, AiPP) review, selection, and recommendation process.
Prioritv: Maintain collaborative review process between CIP, HPB, DRB and AiPP, as
well as support the organizations such as Miami Modern (MIMO), Art Deco (DECO) and
Design + Architecture (D+A) that have historically promoted good design in Miami
Beach.
ENHANCE THE QUALITY OF LIFE
Public Art in the Daily Life of Citizens
"I am proud of the fact we are one of the few communities which continually rises to the challenge of
balancing those very important quality of life issues for our residents along with being an attractive and
exciting world-class destination for our visitors" David Dermer's 2002 State of the City Address
Enhanced quality of life is a prime motivator of any city government. The City Manager's Five
Year Vision Statement (2001) speaks very directly: "To make the City of Miami Beach a cleaner,
safer, more beautiful and vibrant community..." or another passage, "higher quality services and
enhanced quality oflife..."
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GOALS
After the basics. have been met, quality of life is more like a menu for a wide variety of people.
Some citizens will pick basketball courts, others public art - and some both. But without
question, many citizens of Miami Beach value the arts and good design. Public Art, like the Bass
Museum or Miami City Ballet, validates these citizens' belief that the City matches their life style.
Miami Beach is their home.
This value of art, design and creativity is the future of economic success according to Carnegie
Melon University professor of economic development, Richard Florida. In his theory.., cities
must attract the new "creative class" with hip neighborhoods, an arts scene and a gay-friendly
atmosphere -- or they'll go the way of Detroit. Civic investment in satisfying the needs of this
citizen group (so clearly established in Miami Beach) will support the future of all citizens.
.Note: The economic contributions of the arts by attracting regional visitors and international tourists supports those basics.
..Note: "The Rise of the Creative Class" Richard Florida, Basic Books, 2002
PHYSICAL ACCESSIBILITY
If the art will enhance the quality oflife ofthe citizens, it must be available. This seems obvious
and not many public art projects are behind locked gates in the USA, but frequently a true
evaluation of the numbers of people and drama of the artwork is not made.
Prioritv: Easily accessible and seen by a broad range of citizens everyday.
AESTHETIC ENTICEMENT
For those people that value art as part of their selection from the menu of civic qualities, not just
any art will succeed. The Miami Beach arts community is focused in two directions: high quality
modem design starting with the DECO period and the best of very contemporary, museum
quality artworks.
Prioritv: Modem design and artworks of contemporary art museums quality.
VIBRANCY
Vibrant is a word about interaction: people with people and people with the environment. Bright
colors, motion, electric lights and "playing with the art" contribute to the energy of a place.
Changing activities like temporary artworks add to curiosity about a place. The vibrancy can
contribute to public safety as proven in Crime Prevention TIrrough Environmental Design
(CPTED) principles that space is safer when it attracts a diverse group of people.
Prioritv: Energy and attention to a place through permanent vibrant artworks or changing
temporary works that engage the resident and visitor.
MAINTAINABILITY
Nothing can decrease the quality of life and attitudes ofthe citizens in a city like poor
maintenance and repair.
Prioritv: Preserve existing artworks and understand the requirements of future care and
maintenance before accepting new artworks.
ENHANCEMENT AND EXPERIENCE
If a citizen does not know about the attributes of a city, he/she will most likely not experience
them. Quality of life is enhanced when a citizen participates in something of value to that person.
Prioritv: Printed matter and digital media that informs the citizens about the artworks in
Miami Beach. This public relations effort could be part of the effort to attract the private
sector to buy in to the percent for art program and contribute to the purchase artworks for
public spaces.
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GOALS
ENERGIZE THE CITY
Temporary, Changing Public Art
Every city, town or neighborhood is best equipped for success if it knows the unique qualities that
create its sense of self-identity for the citizen. For Miami Beach, special events, nightlife and just
pure human energy playa major role in the "unique urban environment" called for in the City
Manager's Five Year Vision. Public art has and must continue to energize Miami Beach by
consistently revitalizing its uniqueness.
Energy and events come in two packages for public art: "place energy" and "event production".
In place energy, permanent art contributes to the dramatic spirit of the street, park or plaza. The
Julia Tuttle gateway signage "Celebration of Lights," by Jim Morrison, gives energy back to the
place. Originally a temporary artwork, by popular demand, this artwork has become an icon.
The nightclubs of South Beach create their own sort of public art in signs, entrances and people
waiting on the sidewalk.
Of course, place energy can be quiet. Public art enhances space and gives it purpose. The
Holocaust Memorial is the most poignant. The center of Flamingo Park calls out for a quiet place
of repose and refection.
Event production is the impetus and support of temporary activities for tourism and cultural
development. The hot summer "Festival Season" depends on events like "Flamingos on the
Beach" and "Miami Beach Balls" to bring visitors from near and far. The Arts in North Beach
programming with the Festival of the Arts as its anchor event are in their third year of promotion
generated from large format wall murals on the side of the Byron Carlyle Theater. As a result,
many large and small art installations in gardens, hotel rooms, storefront windows, empty
buildings and sidewalks in turn spring up from nowhere to welcome the artworld to Miami
Beach. Public art can be a catalyst in collaborating with events and celebration such as the 2004
unveiling of the "Beatles Mandala" mosaic tile project in North Beach to commemorate the 40th
anniversary of the Beatles' stay at the Deauville Hotel during their first tour in America in 1964.
Various cities have established places and technologies to facilitate public art as an event. Las
Vegas has a 300-foot long electronic digital canopy that is programmed by artists. Auckland,
New Zealand, is currently planning a 1 DO-foot tall laser tornado by artist Peter Roche to move in
and out of city towers. In London, temporary sculptures are commissioned for the only empty
monumental 19th Century sculpture base on Trafalgar Square. Miami Beach will benefit from
careful planning of the Collins Park and City Center public spaces to include public art.
Given budgetary constraints, the AiPP energized events may be more modest events such as the
Bass Museum's changing outdoor sculpture exhibition. But through collaboration with non-profit
or private companies, flamboyant video or laser projector use may fill blank facades with new
artist images every night in years to come.
PERMANENT SITES FOR TEMPORARY ARTWORKS
The AiPP program would create the infrastructure for temporary, changing artworks in different
media. These sites and technology would be associated with other events and organizations to
program the visual arts activity. The City could supply maintenance and security during the
activities.
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GOALS
Proposed permanent sites for changing artworks include:
. Collins Park sculpture garden with lighting, electrical power and sculpture bases if
required, and possibly the Indian Creek Greenway to include Brittany Park.
. Video projections on the Byron Carlyle, the 17th Street Parking Garage, the 407
Lincoln Road Building, and the Wolfsonian, to name a few.
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MANAGEMENT
Although the AiPP program began in the 1980s, a percent for art initiative lay dormant for many
years. When new projects started to materialize with the passage of the GO Bond in 1999, AiPP
has struggled to become a full fledged program.
Shortly thereafter, the City created a Capital Improvements Projects (CIP) Office to centralize
construction budgeting, planning and management. As a result, people and procedures were in
flux for the issues confronting the newly commissioned AiPP projects.
The City has for the most part successfully dealt with the commissioning of its first two new
artworks since 1992, the "Circle" wall in 2001, and "Corona del Mar" sculpture in 2002.
Throughout the interviews and committee meetings in writing this master plan, all parties called
for clear procedures and responsibilities for implementation as well as early AiPP involvement in
capital project facility planning, design and construction.
The following text is not a comprehensive management plan. It does, however, describe some
immediate steps, such as the appropriation of AiPP monies from capital projects that are complete
or nearing completion. In the other places, the text outlines methods to get the most out of a
particular public art project either through new artistic criteria or planning for the lifespan of the
work. The recommendations will clarify the operations of the program, but leave the flexibility
to respond to the realities of various departments and agencies.
Attached to this master plan is a set of suggested guidelines to follow for the successful
management of an Art in Public Places program for the City of Miami Beach.
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MANAGEMENT
THE LIFESPAN OF ARTWORKS
Maximizing the Civic Investment
Public art is a unique civic animal among government programs. Government services tend to be
positive improvements in the beginning and then decrease in value. For example, the school
system has an immediate positive effect on the children, but in the long-term, the majority of
children as adults move to new cities. A new fire station provides better service to the
community right away, but loses value when technology changes.
The City of Miami Beach AiPP program can have BOTH an immediate and positive affect on the
that will in turn increase in value overtime.
Planning for Art in Public Places should conceptually be divide into two parts. Only a few cities
such as Seattle and recently Philadelphia exploit the tremendous civic potential in planning,
making and installing the artwork. Most cities do exploit the dedication, image and reputation of
the artworks once in the public realm. But it is a rare, perhaps unknown, for a city to plan the
civic value of both making the artwork and living with the artwork.
Miami Beach is the place to take on the splash and the long-term value of public art. Connections
to the media and international arts events like Art Basel Miami Beach guarantee the ability to
capitalize on new projects. The experience gained through the success of the Historic
Preservation and Design Review Boards guarantees knowledge about how long-term care and
media promotion of artworks can benefit the City.
SPLASH
Every project should be considered for its immediate impact on groups of citizens, the cultural
tourism and/or the media. Projects can be planned to grab attention through a variety of means:
. Collaboration with particular groups of citizens to create or commission the
artwork.
. Competitions for a significant work with international interest.
. Artworks focusing on popular events such as the Beatles' Tour of 1964/2004.
. Securing unusual artworks from famous artists or situations.
LONG TERM VALUE
Before starting the project, it should be shaped to create a long-term impact. This fits easiest into
permanent artwork. But temporary works like Christo's "Surrounded Islands-l 983" created a
long-term memory. Collaboration with Art Basel on temporary displays solidifies a long-term
relationship. Goals for long-term value include:
. Increase the economic value of the artwork itself by selecting the best artists.
. Establish on-going contribution to the perceived quality of a geographic territory
resulting in higher property values.
. Seek visual image for civic promotion to certain markets.
. Retell important stories such as the Holocaust.
. Create new permanent markers about today that will be the future history of
tomorrow.
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MANAGEMENT
UNCOMMON PUBLIC ART
New Selection Criteria for Miami Beach
Our cultural arts define our community in so many ways. It is our heart and soul.
David Dermer's 2002 State of the City Address
The Art in Public Places Ordinance establishes six (6) criteria for the selection of artworks, of
which three are artistic: appropriateness to the site, quality of the work and reflection of enduring
qualities. These criteria are basic to "any public art program anywhere", but are not particular to
Miami Beach. The City's program should identify those attributes that will contribute over time
to a rich set of characteristics that represent Miami Beach.
THE UNCOMMON
"Uncommon" is the most recommended goal for Miami Beach. This word expresses what is to
be anticipated by both the resident and visitor. Everyone hopes to see something special in
Miami Beach during a night out on the town. The word suggests "innovation" and "creativity"
and may lead to "an attraction." It requires brave artistic risks and looking outside current ideas
to stay ahead of the curve.
THE MOMENT
The moment is some image or experience that remains lodged in the human memory. The
moment is usually thought of as a big "wow" like standing at the foot of the Statue of Liberty.
But a moment can also be one of intimacy such as a secret place to watch a sunset. Each person
has these remembered images and feelings that were discovered in childhood or elder years.
THE CENTER OF THE AMERICAS
The body of artworks that the City collects or supports can reflect its position at the center of the
Americas. In Miami Beach, people from all places expect to make connections with people and
things from all places. Miami Beach Art in Public Places can celebrate this fact.
THE MODERN VINTAGE AQUISTIONS
With DECO, MIMO and the Wolfsonian, Miami Beach is the premiere location to experience
modern 20th century architecture and design. Miami Beach Art in Public Places could follow in
this tradition with the purchase of historic modern works or new artworks that learned from the
tradition.
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MANAGEMENT
ADMINISTRATIVE MODICATIONS
Managing a Public Art Program
A good public art program requires (1) supportive directions for compliance from the Office of
the City Manager, (2) a reliable, consistent budget and (3) at least one full-time program manager
or coordinator. With these elements, cities across the United States have instituted public art
programs that run relatively smoothly and contribute positively to the municipality. Above all
other objectives, the AiPP program requires these three features.
It is very important to recognize that from time-to-time, public art will not be accepted fully by
various non-art agencies or consultants such as architects and engineers. The resulting
administrative discomfort is normal. Some of the recommendations, especially memos of
understanding, will help mitigate any potential problems.
FINANCE AND BUDGET
The AiPP program requires a series of agreements on the fiscal budgeting and management
primarily between the AiPP staff, operating departments, Finance and Budget. The City
Manager's Office may be required to resolve certain issues. A legal opinion (6/02) stated that the
language regarding eligible construction costs required clarification. Discussions took place and
efforts have been made to draft amendments to the Ordinance in order to broaden the definition of
public facilities, and streamline the funding process.
Priority #1: Transfer Overdue AiPP Funds. CIP and Finance have since reconciled the
past due appropriations and made a transfer in March of 2003. The unfunded balances
are to be appropriated with the annual capital budget FY 03-04 and 04-05.
Priority #2: New oolicies to Calculate 1.5%. City-wide agreement on the policies and
procedures to calculate and verify the 1.5% of appropriate construction projects are to be
created.
. Write and distribute the policy and procedures in terminology appropriate to
construction project cost estimating.
. Amend the AiPP Ordinance to clarify the qualifying costs for 1.5% calculation.
. Establish methods for timely coordination review and verification of 1.5%
calculation between project managers and AiPP-coordinating staff.
Priority #3: Timelv Transfer to Fund 147. Timely transfer and management of all
required AiPP dollars from individual construction projects to Fund 147.
. Finance will transfer all appropriated AiPP moneys to Fund 147 within 30 days
of the Commission action.
. Standard language for the appropriation and transfer of AiPP monies will be
developed and distributed for use in all resolutions that appropriate eligible AiPP
construction projects.
Priority #4: Annual Caoital Budget. With the implementation ofthe proposed annual
capital budget appropriation, the AiPP moneys would be appropriated and transferred
simultaneously.
. Fund 147 would be annually presented to the City Commission as a chapter of
the annual capital budget.
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MANAGEMENT
CONSTRUCTION AND PROJECT COORDINATION
Excellent communication (written and verbal) and clear responsibilities have very positive
implications in management of artworks created for new buildings, cityscapes and infrastructure.
Priority #1: Establish Guidelines. Create a memorandum of understanding (MOD) for
each AiPP project. The MOD is to be signed by the AiPP staff, and other appropriate
departments. At a minimum, the MOD should include the following:
. Financial responsibilities.
. Management responsibilities.
. Related contractual responsibilities of the artist and architect/engineer.
. Definition of the potential or actual scope of the art project.
. Dispute resolution method.
Priority #2: Earlv Particioation. Nothing leads to public art success like early
participation by TCD in the City construction project. TCD is to be part of planning the
project in order to facilitate the contracting of an AiPP artist( s) at the beginning of the
project programming by the A&E team and not later than schematic design.
Priority #3: Coordinated Schedules. Through the leadership of particular construction
project manager, TCD is to create a coordinated schedule with milestones and
deliverables for the artist, architect and contractor for each project.
Priority #4: New Contract LanlZUage. With cooperation between TCD and CIP, develop
appropriate contractual language for the A&E contract and Bid Documents relating to
responsibilities for coordinating with artist's work.
. A&E contract will delineate time and services to be provided
. Bid Documents will describe AiPP coordination with and site access for the artist
and hislher team.
Priority #5: Internet AiPP Database. It is recommended that an on-line database be
developed by TCD for the management of AiPP project information and scheduling with
joint access from TCD, CIP, artist, architect, contractor and other agencies.
PROJECT PLANNING
The Art in Public Places program should collaborate with other departments in mid- and long-
range plans to improve the urban and natural environment of Miami Beach. This collaboration
will set in motion (before a construction project is fully scoped), the methods by which art can
enhance the objectives of the building or space.
Priority #1 Annual Planning Process. Establish an annual planning process to review
the future plans of various departments and to discuss potential mutual benefits of an arts
project. (See Appendix.) Key departments include
. Planning - include Design Review and Historic Preservation Boards
. Economic Development
. Public Works and CIP Office - coordinate artist contract administration
. Tourism and Convention Bureau
Priority #2: Maior Long Term Artworks. Development and promotion of certain long
term projects to build coalitions in support of the initiative. Examples include:
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MANAGEMENT
. MacArthur Causeway Gateway Signage Artwork
. Temporary Outdoor Sculpture Garden at Collins Park Cultural Center
. Monument at the central plaza of Flamingo Park Quad
. Memorial to the 1964 Beatles' Tour in New York and Miami Beach
Priority #3: Sites for Donated Work. Development of an initiative of seeking donated
artworks and a list of pre-approved key sites for artwork and memorial donations.
Priority #4: Ouick ReSpOnse to Art Reauests. Welcome and facilitate quick responses to
proposals from many sectors including the City Commission, City Departments, other
governments and the private & non-profit sectors. Response can be in the following
forms:
. Manage artist selection process.
. Assist the private sector with navigating City government
. Facilitate the contract for an artist selected by another agency or group
. Partial funding
MAINTENANCE AND CONSERVATION
Throughout the United States, municipalities are struggling with the funding of maintenance of
historical and modern public artworks. Money for care is an absolute necessity as delayed
conservation results in dramatically escalated costs.
Priority #1 Fundin!!: for Maintenance. Within the Department of Tourism and Cultural
Development, establish an annual appropriation for maintenance and repair.
Priority #2 Five Year Collection Survevs. Every 5 years, professional art appraisers and
conservators survey all City collection artworks. The first survey would be more
extensive as it must establish the ownership of a significant number of portable artwork
in City Hall and other facilities. The report to include the following:
. Current market value and replacement value of the artwork.
. Each artwork's current physical condition with photographs and required repairs.
. Schedule for inspecting each artwork.
Priority #3 Intera!!:encY Maintenance Al!:feement. AiPP staff and the agency
responsibility for facility maintenance surrounding a particular artwork will agree on the
duties of each agency. These agreements prevent both neglect and sincere, (but
damaging) maintenance by unprofessional staff. Agreements would include:
. A drawing showing the areas of AiPP maintenance and facility staff maintenance
responsibilities.
. The date of an annual meeting between AiPP and on-site facility staff.
Priority #4 Maintenance Costs Durin!!: Artwork Approval. The AiPP committee would
set acceptable levels of annual maintenance costs for any particular new artwork. The
artist would be required to present a maintenance schedule with estimated costs during
the approval of the artwork. The AiPP committee and City Commission would need to
establish accept and fund any costs above the pre-set levels.
ARTIST SELECTION
Finding the right artist for a new artwork is the single most important step in the AiPP program.
The key to success is three-fold: (1.) knowing what you want, (2.) contracting artists with those
AIPP MASTER PlAN (FINAL 3/1(04)
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MANAGEMENT
skills and (3.) forming a selection panel with ability to creatively match the needs with the talent.
On a procedural basis, the main recommendation concerns contacting artists are:
Priority #1 South Florida Consortium Database. The AiPP staff could lead effort to
"edit" and consolidate the South Florida Consortium Database and other public art
databases of Miami-Dade, Broward and Palm Beach into a single list of artists interested
in public art. This database would form the basis of postal service mailings and email
notices of open calls for public art.
Priority #2 Findine the Best. For each project, the AiPP staff could take time as needed,
to contact museum curators, gallery owners and other public art programs to seek out
recommendations of artists with the required talents.
PUBLIC INFORMATION
Given the current, limited art collection of the City of Miami Beach, the AiPP program could lead
the development of public information regarding the esthetic interests of Miami Beach. In
addition to stand-alone publications, public art should be included with urban walking tours, art
museum/art gallery tours and general tourism materials.
Priority #1 On-line Database of Public Artworks. AiPP has a web page describing its
public artworks. This database should be expanded to other public artworks and details
from modern buildings.
Priority #2 Urban Walkine Tours. AiPP, working with other groups (HPB and DRB),
request the incorporation of public art into the series of on-line and printed walking tours
by the MDPL and the Chamber of Commerce.
Priority #3 Dilrital Photo2l'llohs. AiPP program will develop and update a set of
publication quality digital photographs of existing artworks. The photographs would be
incorporated into the Film & Print Division location CD ROM and other tourism
promotional materials.
. Note: For artwork selection, this consultant prefers the on..ite curator selection process seen on some college campuses such as
Western Washington University, University of California at La Jolla and University of South Florida at Tampa or the more open
curator method utilized by Breckenridge in Australia.
AIPP MASTER PLAN (FINAL 3/10104)
PAGE 19
PROJECTS AND FUNDING
The attached figures are preliminary, but represent an approximate estimate. Funding for AiPP
was initiated in 1999. In 2002, a legal opinion reduced the interpretation of eligible construction
projects that were to qualify for the 1.5% set-aside for public art. In turn, the Administration was
directed to reconcile all the AiPP dollars based on this legal opinion and in March of 2003 a
second transfer to the fund was made.
Based on these calculations, the AiPP program has few dollars with which to implement any
unplanned projects. Even though private sector projects on public land such as the New World
Symphony or 72nd Street Development would result in new funding, additional projects for
eligibility as defined in the Ordinance would provide for a more substantial program.
CURRENT "APPROVED" PROJECTS
1. The ceramic tile wall mural "Circle" by Connie L10veras at the North Shore Park & Youth
Center and the stainless steel sculpture "Corona del Mar" by Paul Fullerton at the South
Pointe Public Plaza.
CURRENT "PROPOSED" PROJECTS
1. Artwork for a meditation site ( $50,000)
2. Artwork for Collins Park (contribution $150,000)
3. Artwork for Flamingo Park (vintage acquisition $80,000)
4. Artwork for Citywide wall murals/projections ($20,000)
ADMINISTRATION
The 2002-03 AiPP program staff position is funded 50% by the Department of Tourism and
Development division of Arts, Culture & Entertainment, and 50% from the AiPP Fund 147. With
implementation of the 5-Year Master Plan, a full time position is required. However, at the
projected amounts of money in Fund 147, this funding mechanism may not be sustainable.
The overall direction of the leadership vision of this plan requires full time professional staff and
a budget to educate the private sector, non-profit sector, City agencies and other governments. As
with Film and Print, Special Events, Tourism, Culture, Economic Development, and Historic
Preservation, a creatively funded AiPP staff position can more than return the annual investment.
I AIPP MASTER PLAN (3110104)
PAGE 20
APPENDIX
AIPP MASTER PLAN (FINAL 7130103)
PAGE 21
APPENDIX
ANNUAL BUDGET PROCESS
Overall
The Annual Budget Process of Art in Public Places Program will be coordinated with the City's
annual processes for Capital Budget development, approval and appropriation. This coordination
requires annual meetings with various departments involved in planning, constructing and
utilizing new and renovated facilities.
Caoital Budaet
The Art in Public Places Fund 147 will have its own section in the Capital Budget book that
describes new and on-going projects and the determination of appropriateness of all new capital
project sites. Each Art in Public Places project will have its own Capital Project page identical to
any other Capital Project. The necessary language to transfer the AiPP moneys to Fund 147 will
be incorporated into the annual adopted budget actions by the City Commission.
Transfer to Fund 147
With the adoption of the Capital Budget by the City Commission, the Finance Department will
transfer all the dollars from various specific capital projects to Fund 147.
Date Dept of Tourism & Cultural Dev. AiPP Division Other City Staff
Oct Reviews Commission adopted Develops project schedule Reviews and comments
budget and sets schedule of AiPP for appropriated projects. on project schedule for
activities for fiscal year. approoriated oroiects.
Nov- Meets in depth with Planning Sets invitation schedule for Planning Department
Dec Department other discussions with other briefs Committee on future
departments in Jan-Mar. directions.
Jan- Meets with CIP, Public Works, Attends after action Presentations to AiPP
Mar. and Parks to seek input. meetings when applicable Committee from Parks,
Public Works, Visitor's
Bureau, Cultural Arts
Council, etc.
April Meet with City Manager to seek Researches AiPP interests, Presentations by City
May direction for next year's capital seeks AiPP committee input, Manager's Office & CIP
program and budget priorities and develops potential Office on the direction for
budgets next year's capital
Develop preliminary interests for program and budget
AiPP staff research priorities.
May Develops priorities for AiPP new Transmits the AiPP Departmental comments
projects. Seek input from City committee priorities to TCD regarding AiPP priorities
Manager. Review AiPP budget sent to TCD and City
for next fiscal year. Manager
AIPP MASTER PLAN (FINAL 3110104)
PAGE 22
APPENDIX
Date Dept of Tourism & Cultural Dev. A1PP Division Other City Staff
June- Review final list of CIP projects Facilitates AiPP projects and CIP Office sends TCD
July and seek input from AiPP to incentives to TCD for final list of eligible CIP
determine if each project is an inclusion in Capital Budget projects for next fiscal
appropriate site for art or if the Book year.
AiPP funds should be utilized at
another location. Confirms the correctness of City Manager's Office
1.5% calculations on all new incorporates AiPP projects
Makes recommendation to City CIP projects. into Capital Budget Book.
Manager with lists of potential
projects, location and scope, as Introductory page in
well as AiPP budget for next fiscal Capital Budget Book
year. includes the AiPP.
Committee determination
of appropriate and
inappropriate sites for art.
August! As requested, testimony Assists TCD in representing As requested, testimony
Sept regarding the AiPP recommended the AiPP Committee before regarding the AiPP
projects. the City Commission during recommended projects.
budget deliberations as
requested by the City
Manager
Oct Presents FY Budget to AiPP City Manager's Office
and prepares schedule of makes final corrections to
activities for discussion. Capital Budget Book with
AiPP Program.
Monitors Finance transfers
all appropriated AiPP dollars Finance transfers all
to Fund 147 appropriated AiPP dollars
to Fund 147
Dec Secures report from Finance Finance prepares report
on Transfers and Joumal on the completion of all
Entries. Transfers and Journal
Entries
AIPP MASTER PLAN (FINAL 3/10104)
PAGE 23
MAP OF PUBLIC ART
AIPP MASTER PLAN (FINAL 3/10104)
APPENDIX
PAGE 24
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MIAMI BEACH ART IN PUBLIC PLACES
GUIDELINES
PURPOSE
These guidelines map out the implementation of the City of Miami Beach's Art in Public Places (AiPP)
master plan program.
MISSION
To promote the involvement of artists in projects throughout the city and to enhance the physical
environment and celebrate the unique character and identity of the City of Miami Beach.
GOAL
Goals for the AiPP program include:
Overseeing the City's public art collection
Enhancing the physical environment of Miami Beach with artworks of the highest level of
quality and suitability for the site
Serving as the coordinating body for all public art and memorial projects on City property
Building partnerships with the private sector, non-profit and community groups that connect
the AiPP projects to the life of the City
Encouraging participation by artists based in the City and the County area
Serving as an active source of information about public art.
FUND
According to the City's AiPP Ordinance No. 95-95-2985, the AiPP program is funded by appropriations
from Capital Improvement Projects, public-private projects, and any donations to the City by private
developers or other sources. The fund shall be used for the selection, commissioning, acquisition,
installation, maintenance, and administration of works of art as well as for publicity and education
pertaining to public art.
Calculation: According to the Ordinance, 1.5% of the eligible construction costs of an eligible construction
project may be used for the fund.
Expenditures: The AiPP Committee makes recommendations for expenditures from this fund to be
approved by the Mayor and Commission.
The AiPP fund mav be used for the following:
Acquisition of artworks through commission or acquisition
Costs associated with relocation or conservation of an artwork owned by the City
Site preparation
Collection management
Program and project planning
Artist and artwork selection-related expenses, including proposal honoraria
The AiPP fund mav not be used for the following:
Fees for the project architect, engineer, or any professional not contracted by committee, the
artist, or the conservator (when applicable)
Construction costs not associated with the artwork
The following breakdown is suggested to guide the AiPP Committee in making funding recommendations
and to recognize that special needs and budget fluctuations may come into effect. Recommended annual
distribution of funds:
15% for collection management, conservation and maintenance;
75% for new acquisition through commission or purchase, a portion of which may be used for
community/artist-initiated projects.
10% for administration.
Non-City Sources: AiPP may apply to other sources for funding of specific projects. Funds received from
other non-City sources will be deposited in the AiPP Fund. It is anticipated that funds from grants or other
non-City sources will have restricted uses. Areas of non-City sources of funding to explore for the future
are eligible public and private funds including certain bonds and development where applicable.
All citywide projects that meet eligibility requirements will contribute to the AiPP fund. However, not all
project sites will receive artwork. Each year the Department of Tourism and Cultural Development shall
identify prospective new projects and review the status of ongoing projects. This will require the balancing
of many factors such as the activity of City departments and the public impact of specific projects. It will
also require reporting from Budget to clarify the amounts contributed to the Fund.
PROCESS
The AiPP annual process will coincide with annual capital project planning and budgeting. The process
will streamline project identification, but does not preclude introducing projects at other points during the
year.
TCD will present the AiPP line items from the City's annual budget to the AiPP Committee. Based on the
status of the AiPP Fund as allocated through the capital budget, discussions will be held to identify:
Future projects that require art selection panels during the coming year
Influence on impact, opportunity, distribution and administration
Budgets for prospective projects
Non-City projects to be administered by the AiPP program-either private development or
projects selected through a proposal process
Status of ongoing projects.
Priorities
Projects where the artwork can have the greatest positive impact on the site or surrounding
community
Projects in the early phases of design that will allow the artwork to be fully integrated with the
project
Projects with pledges of strong community and/or private partnership
Widespread distribution of projects in neighborhoods throughout the City
Equitable distribution among City agencies, based on the portion of money
contributed to the AiPP Fund
Administrative capacity of the City to handle the project effectively.
Oooortunites
One of the advantages of the AiPP Fund is that it is not necessary that all public art projects be linked to a
City capital project. There are places in the City that merit projects where there is no immediate
construction planned. As resources permit, a lump sum may be allocated from the AiPP Fund for such
projects and a process for groups/artists to initiate projects may be implemented.
To encourage projects initiated by artists or community groups, and to ensure fair and uniform procedures
for review and support of such projects, the AiPP program will administer a .Call to Artists" on an annual
basis. Funds placed in the AiPP Fund and not spent on individual CIP projects may be used for this
program. The AiPP program will circulate a call for proposals detailing the theme for each season
2
incentive to include the project budget and criteria for selection. Proposals may be for either temporary or
permanent projects. Potential themes for this program could encompass a wide range. Examples include
collaborations between artists and community groups or artists addressing a particular sector of the City,
such as greenway or recreational corridor enhancement, large format display or projections, and
temporary outdoor sculpture projects to provide opportunities for local artists.
COMMITTEE
The AiPP committee works with TCD to recommend program planning, site selection, artist selection,
commissioning of artwork, review of design, fabrication and installation of artwork, maintenance oversight,
as well as alterations, relocation, or removal of artwork from the city's collection. According to the
Ordinance, the AiPP Committee is currently composed of seven members who live or work in Miami
Beach and who are appointed by the Mayor and Commission. The terms are two years and are limited to
three terms. Members serve without compensation. Diversity of artistic and cultural background. art or
architecture education, professional skills, perspective and interest should be considered in making
appointments to the committee.
DEPARTMENT
The Department of Tourism and Cultural Development (TCD) houses the Art in Public Places program.
In 1999, the AiPP committee was transferred from the Department of Public Works to office of Arts,
Culture & Entertainment, and the implementation of a program was initiated. In 2003, the TCD
Department was formed with a cultural division to include Art in Public Places, the Fine Arts Board, the
Cultural Arts Council, and the Bass Museum of Art.
STAFF
The Department of Tourism and Cultural Development, cultural division, office of Art in Public Places, is
staffed with a Public Art Coordinator who manages the AiPP program, and with it, a wide range of day-to-
day responsibilities detailed herein. Broad areas of responsibility include:
Organizing AiPP Committee Meetings
Communicating with City Departments
Implementing selected projects
Organizing and ensuring smooth operation in the following areas for each project
Artist Section Process
Public Participation
Project Management
Cataloging the collection
Building partnerships with the private sector to enhance the development of public art.
CITY DEPARTMENTS
Establishing a good working relationship with each City Department is essential for a successful public art
program. Toward this end it is important that each department designate a .project coordinator" as a
liaison to the AiPP project. Other city staff members will get involved as projects develop.
Responsibilties:
Recognize the AiPP committee and any project related Professional Advisory Committee
(PAC) as the prime location for public art input and collaboration
Seek direction of the City Manager to determine any requirements and/or staffing levels, for
the project
Send capital projects representatives (Capital Improvements Projects or Public Works
Department) to AiPP meetings with appropriate subcommittee
Assign project coordinator (Capital Improvements Projects of Public Works Department) to
serve as artist agreement contract administrator
Maintain consistency with the art in public places guidelines
Insert language in architects RFQ's and contracts recognizing responsibilities related to
public art
3
Schedule architect to attend AiPP meetings during the project as necessary
Incorporate artwork into design, construction permit documents, and construction contract
documents as necessary
Recommend and coordinate good design decisions to enhance artwork within the facility
such as lighting design, furnishing placement, material selections and landscaping design.
Coordinate artist access to architect and general contractor
Communicate design discussions and recommendations to artist
Incorporate design and construction of special artwork elements or supports to be built by
general contractor
Facilitate installation supervision and site access by the artist or his/her subcontractors
Supply copies of any correspondence, meeting minutes or contracts relating to the art project
to TCD
Notify Department Head immediately if any actions AiPP or the artist are adversely impacting
the construction budget or schedule
Coordinate cost estimates to be billed to AiPP or to artist
Specifiy design services related to the artwork itself, such as a sculpture base, concrete pad,
or any structural component that would be included in the construction contract documents
for the general contractor (does not include design coordination such as exterior light
placement and landscape design)
Specifiy artwork elements such as a sculpture base, concrete pad, or any structural
component that are built by the general contractor
AiPP or artist will have the opportunity to propose other methods of design and construction
in order to save money and/or increase quality
Note on Design-Build and CM at Risk: If the City utilizes other contracting methods, such as Design-Build
or Construction Management at Risk with Guaranteed Maximum Price, responsibilities equal to standard
Design-Bid contracting will be incorporated into RFP's and RFQ's.
Other City Department Project Coordinator responsibilities:
Maintain a line item for AiPP in their project budgets
Work with TCD to identify scope of work for projects
Serve on selection panels
Facilitate artist projects
Provide information, involve, and brief relevant staff
CITY BOARDS
As the City agencies charged with preserving and interpreting the Miami Beach's history and design, it is
appropriate that the Historic Preservation Board (HPB) and the Design Review Board (DRB) participate in
the AiPP selection process. TCD will consult with the Planning Department at the initial stages of public
art projects. Planning staff will review the scope of work as outlined prior to artist selection and will
provide comments to TCD staff on the relationship between the project and the historic/design character
of the proposed site.
Prior to the artist selection the AiPP projects will be presented to the boards for input. HPB and DRB
have the option of appointing up to two members each to serve as consultants and to sit on PAC
selection panels for AiPP projects accordingly. The following factors will be considered by HPB and DRB
when reviewing public art projects:
Fit between artwork design and the historic and/or design context, as well as the current use
patterns of the site
Relationship between materials, scale of artwork and surrounding environment
MAYOR AND COMMISSION
The Mayor and Commission contribute to AiPP by:
4
Appointing qualified members to serve on the AiPP Committee
Approving recommended works of art, artist/consultant contracts, and appropriations
Amending AiPP ordinance, as required.
PROJECT SELECTION
TCD will make a recommendation to the AiPP Committee addressing the budget, the type of artwork, the
number of artworks or projects, the method of selection, the panel composition, the honoraria and other
expenses related to the project.
To evaluate a potential project:
Visit the Future Site
Walk the site
Drive to the site from various directions
Create lists of both positive opportunities and negatives
Discuss with City Staff
Determine YES or NO on Facility
To determine the purpose of a new project, AiPP will appoint a subcommittee to establish parameters for
a call to artists. The following will be taken into consideration:
Contemporary public art trends and current AiPP program incentives
Use and purpose of facility
Opportunities for public art to match the facility and AiPP needs
Budget
To evalutate a potential site, define project possibilities with architect or capital project staff
Understand the scale of the potential artwork based on budget
Determine construction elements (walls, floors, ceilings, etc.) that will provide physical
support for artwork
Understand locations and artwork types that would benefit the facility and not create
additional problems
Walk and drive-by the site from various directions
Create lists of both positive opportunities and negatives to avoid
Brainstorm and select site for artwork
Complete draft Call to Artist
To finalize a new project
TCD presents draft Call to Artists to Administration, Community Affairs, and related Boards
for feedback
Finalize and distribute the Call to Artist
ARTIST SELECTION
Open Competition - opportunity is open to any professional artist meeting eligibility
requirements
Limited Competition - artists are invited to submit their qualifications to AiPP, or through a
recommendation process
Direct Selection - artist is chosen directly by AiPP Committee or Selection Panel
Hybrid Competition - a Call to Artists is sent to a specific (often local) mailing list, and other
qualified artists are invited to submit their qualifications according to the call.
PROFESSIONAL ADVISORY COMMITTEE (PAC)
Ad-hoc PAC's are assembled to select an artist or artwork. The number of members and composition
may vary depending on size, location and complexity of the project. In general, selection committees are
to have a minimum of five voting members and a maximum of nine, striving to appoint an uneven number.
5
Composition of the PAC will include the following voting members: AiPP members, no more than two
members from either HPB or ORB respectively, representatives of the department(s) responsible for the
facility, architect or Planning Department representative, neighborhood resident association
representative; and non-voting members: TCD staff .
TCD staff will recommend the PAC selection to the AiPP committee for each project. PAC members are
to be qualified in several of the following areas: experience implementing public art projects; knowledge of
public art trends and artists; knowledge of local, regional and national artists; experience and interest in
working with Miami Beach communities; ability to assess the creativity, design skills and problem-solving
abilities of the artists under review; knowledge of materials and methods of fabrication; ability to represent
neighborhood where the project is located; ability to work cooperatively and effectively in a panel process.
PAC members shall be assembled with cultural, racial and gender diversity as a criteria. Individuals with a
commercial interest in art or artists such as agents or dealers shall not be eligible. Members must be
willing to conduct their work in a fair manner and to be diplomatic in the face of criticism.
For some projects, such as those with budgets of less than $25,000, or where time is of the essence, the
AiPP Committee will have the option to select one or more artists through direct selection, develop a short
list of qualified artists to present to a panel, and form a small panel of three people. PAC responsibilities
include recommendation of artist(s) to be commissioned or artworks to be purchased, or a
recommendation regarding the feasibility of artwork to be restored, discussion of the artwork's siting and
concept, and appropriateness for the location.
PROJECT SELECTION
The following factors are to be considered:
Site, the facility, its architecture and function
Location and the communities it serves
Quality of the artist's previous work or artist's proposal, and its appropriateness for the site
Potential for vandalism
Durability of materials
Artist's ability to execute the commission
Aesthetic merit, quality, enduring value
Compatibility with the city's current
Compatibility in scale, material, form, and content with its surroundings
Social context of the work and the manner in which it may interact with people
Public visibility and accessibility to the work of art
Public facility users and safety factors
Traffic patterns (both interior and exterior)
Appropriateness to the site
Landscape context (if relative)
Future development plans for the area
Environmental concerns (if any)
Existing works of art within the proposed site vicinity
Relationship to any existing/planned architectural and/or natural features
PROJECT DESIGN
For projects designated for open competition, the TCD staff will develop a "Call to Artists" (request for
qualifications) that contains the following information:
_ Project description, goals, site description, facility's purpose, public, and any limitations
Potential scope of work for artist, site options, and number of artists to be commissioned
Application procedures, materials requested
Selection procedures and schedule
Selection criteria for artists and artwork
Project budget, fees, and schedule
6
Eligibility
TCD will also develop a strategy to reach a broad, diverse constituency. To minimize staff time and
postage, grouping calls into a periodic publication shall be considered. Calls may be posted on the City
web site and listed in other relevant newsletters, web sites and publications.
Artist Eliaibilitv
All professional artists are eligible for commission or purchase. Artists may accept commissions once
every three years from the date of a signed contract. Artists whose work has been purchased for over
$25,000 may not be considered for another purchase or commission for three years after the purchase.
Likewise, artists who have received commissions cannot be considered for purchases over $25,000 for
three years after the signed contract. The Project Designer, City Staff, AiPP Committee Members, and
their immediate family members are not eligible.
Art Selection Budaet
Artist honoraria related to the selection of a work of art are to be included in the project budget,
referenced in the call to artists, and factored into the selected artist agreement.
AiPP Selection Process
The number of panel meetings varies according to the complexity of projects. Panel meeting sequencing
will depend on the requirements of the specific project. Prior to each meeting, AiPP staff prepares
agendas and slide presentations for the artist selection panel meetings. They also prepare and distribute
minutes of each meeting. When appropriate, panelist site visits will be arranged. At each meeting, the
Department and/or institution occupying the facility will be present to discuss its concerns and
representatives from the community have an opportunity to discuss concerns from their perspectives.
At the initial meeting, the panel reviews the artwork scope, potential sites, selection criteria, and any other
requirements. The Project Designer or related department presents the facility, bringing any plans,
renderings, models or other visual representations that have been completed to date. Panelists and
advisors discuss the project scope, site and concept as well as concerns raised by the community,
departments, or designer.
The panel shall review slides of artists who have submitted qualifications for the project. Through a series
of votes, the panel shall narrow the pool to finalists. Depending on the number of artists submitting,
several meetings may be necessary. At the artist interview meeting, artists (or in certain circumstances,
their representatives) will present their previous work, their approach to public art and initial ideas for the
site. If proposals are required, then the proposal shall be presented as well. The panel will vote to select
the artist{s) to be commissioned.
If a voting panelist misses one or more of the artists' interviews, then the panelist may continue as part of
the discussion, but may not be counted as a voting member. In the case of a tie vote, the Chair, generally
a non-voting member, shall cast the deciding vote. If for some reason the Chair is a voting member, then
another TCD representative designated by the chair at the start of the meeting, and present through the
meeting, breaks the tie. An alternate artist will be selected in case the selected artistls declines the
commission or is unable to enter into a contract.
Within an appropriate time frame, TCD must present the AiPP recommendation to CIP and/or Public
Works Department for administrative input with regard to feasibility, and then to the City Manager for
referral to the Community Affairs Committee. The Community Affairs Committee will review the project
and make a recommendation to the City Commission for their consideration. If warranted, the project may
be re-evaluated and a new search may commence.
PROJECT MANAGEMENT
7
Pre-Contract:
Upon approval of City Commission, TCD will inform the artist of the invitation in writing, describing the
nature of the project and explaining the project development process. In most cases, the Artist is given
30 days to accept or decline in writing, the offer to enter into contract negotiation. If the artist does not
confirm within that time, a second letter will be sent by certified mail with a 30-day extension. If the artist
does not respond to the second letter, the commission or purchase will be offered to the first alternate
artist.
Once an artist has accepted the commission, the TCD staff will arrange for the artist to meet with the
Contract Administrator and the project coordinators. This group shall include the appropriate City
department designees, the City project and AiPP Coordinators. The artist will be provided with any plans
and requirements and will be informed of any limitations or concerns, such as engineering or other code
requirements. TCD will work with the Contract Administrator, the City Attorney's Office, and the
Procurement Department to expedite the artist agreement. The Capital Improvement Projects (CIP) or the
Public Works Department (PW) and the General Contractor will review the Artist Agreement when
applicable.
Contractina with Artists:
The City shall develop a standard form for contracting with artists (sample artist agreement attached). The
scope of work, schedule and payment schedule shall be adapted for each project. TCD staff together with
the Contract Administrator, the City Attorney and the Purchasing Director shall negotiate each contract.
Final contracts are approved by City Manager if under $25,000, and by Mayor and the City Commission if
over $25,000.
Artist Fees
Artists shall be paid for all creative work requested by the city. Artist fees are defined as the payment to
the artist for professional services (exclusive of other project costs such as materials and other labor,
studio, overhead, travel and per diem expenses). The following factors are intended as guidelines for
determining the artist's fee:
Scope of work and length of artist's involvement
Project budget-fee ranges (usually based on a percentage of the total artwork budget)
Artist's experience and professional standing
Fee scale for similar scopes of work on comparable projects (See Appendix B for flexible
scale recommendations)
Artist Aaents
TCD will deal directly with the artists, although artists may delegate some aspects of a project to her/his
agent. Any relationships or financial arrangements between the artist and their agent, representative, or
gallery, must be undertaken by the artist alone. The payment of commissions or fees is the sole
responsibility of the artist. TCD recommends the total fee paid to the agent not exceed 10% of the artist's
fee, exclusive of implementation, fabrication and installation costs.
8
Artist Interview Honoraria: When artists are interviewing for a project, their travel and lodging costs
should be either reimbursed or paid directly by the AiPP program. A modest honorarium of $250 may be
offered to cover the time spent to prepare a statement and attend the interview.
Prooosal Honoraria: When artists are making proposals for project, they should be paid an honorarium for
their proposal. The proposals that are not selected should remain the property of the artist. However, the
City may wish to have the right to exhibit the proposals publicly for a year following the presentation.
Artists travel and lodging costs should be either reimbursed or paid directly by the AiPP Program. If this is
not feasible, then the honorarium should be scaled to include travel costs. A scale to consider for
proposals is as follows:
Proiect Budoet Prooosal Honorarium:
Project Budget
Artist Honorarium
$10,000 to $ 50,000
$50,000 to $100,000
$100,000 to $250,000
$250,000 to $500,000
$500,000 and up
$250 to $ 750
$750 - $1,500
$1,500 - $2,500
$2,500 - $5,000
$5,000 and up
Comorehensive Contracts for All Phases of Work: Artist is responsible for design, fabrication,
transportation and installation. Recommended fee range: 20 - 30% of total project budget.
Desion Contracts: Design fees cover artist's services, overhead, expenses incurred in preparing design.
Out of town travel, lodging and per diem can be factored in at cost through an expense line, or estimated
and added to total. Fee scale may also be estimated based on an hourly rate that is comparable to other
design professionals. Recommended Fee Range: 10 - 20% of project budget
Fabrication Contract: Implementation budget fees within this range to be negotiated based on artists
anticipated scope of work to review shop drawings, travel to fabricator and site, and time to review
fabrication and installation. Recommended Fee Range: 10 - 20% of project budget.
Plan nino Contract: Fee scale should be based an hourly rate that is comparable with other design
professionals on the project. It may also be based on an annual salary and pro-rated for the amount of
time the artist is expected to spend working on the project.
ARTIST AGREEMENT (Contract Provisions)
Payment Schedule: The method and schedule of payment to the artists shall be provided through the
contract. The City will make interim payments to the artist as agreed upon. Payments shall be contingent
upon a certificate of insurance, if necessary, and the approval of project progress. Final payment shall be
made only after the final acceptance by the city.
Artist's scooe of work: The definition of the artist's responsibilities with regard to the project, to include a
general description of the artwork and its location at the site, as well as method of fabrication installation,
and maintenance (when applicable). Attach this information as an exhibit in order for the base contract to
remain relatively unchanged.
Schedule: The design, fabrication, and installation schedule according to the estimated timetable, the
construction schedule, and the payment milestones as provided (exhibit to the contract). Requirements
and approvalS for artwork design: (as outlined in Design Development section below). Fabrication and
installation responsibilities and approvals: (as outlined in Fabrication section below).
Site oreoaration: The City's obligation to prepare the site is specified.
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Transoortation of the artwork. construction delavs and storace: Provisions for communication delays to
the artist are conveyed along with provisions for storage of artwork when necessary prior to installation.
Use of Subcontractors: If the artist engages subcontractors or other trades to aid in the execution of the
contract, the artist shall be responsible for the payment of such work done by these subcontractors and
shall secure evidence of payment by waiver of lien by these subcontractors.
Insurance reauirements: The artist shall not begin work until all required insurance has been obtained and
approved by the City. Failure to furnish satisfactory evidence of insurance or lapse of coverage is grounds
for termination of contract.
Artists Riahts: After final acceptance of the artwork by the City, the following artists' rights shall be
guaranteed:
Maintenance of public artworks shall be the responsibility of the City and not the artist. The
City shall make reasonable efforts to maintain the artwork in good repair. The city shall
attempt to consult the artist on major repairs.
The artwork shall not be altered, modified, removed, or relocated from a site integral to the
concept for the work without first consulting with the artist, if reasonably possible. If a work,
nevertheless, has been significantly altered, the artist shall have the right to disclaim
authorship.
Copyright of the artwork shall belong to the creator(s), but the City shall be granted in the
contract the right to make two or three-dimensional reproductions for promotional purposes.
Ownershio: The City shall request an archival copy of the drawings or plans that represent the artwork for
future conservation of the work, or for public display and interpretation through the portable works
collection. The City retains ownership of the accepted artwork.
Artist Warranties: artists contracted by the City shall assure the following warranties:
The art is unique and original and does not infringe upon any copyrights. In the case of
acquisition of artwork that is part of an edition, the City shall be apprised of the number of
works in the edition and the number of the work to be acquired.
The art, or original multiple, has not been accepted for sale elsewhere.
Execution and fabrication of the art will be performed in a professional manner.
The artwork as fabricated and installed by the artist will be free of defects in material and
craftsmanship, including any defects or qualities causing or accelerating deterioration.
MaintenancelReoairs and Restoration: The City shall make reasonable efforts to maintain the artwork in
good repair after final approval by the City. The City shall make every effort to consult with the artist on
significant restoration and repairs that differ from those suggested in the artist's maintenance
recommendation. The artist shall notify the City of any change of address.
Sianaae. Public Information. and Education: The City shall provide a plaque or sign adjacent to the
artwork identifying the artist, the title, date, medium and reference to the City of Miami Beach's public art
collection (see Public Information and Education herein).
Termination conditions: The artist's services may be terminated under the following conditions:
By mutual consent of the parties.
For the convenience of the City, provided that the city notifies the artist in writing of its
intent to terminate, at least 30 days prior to the date of termination.
For cause, by either party where the other party fails in any material way to perform its
obligations under the contract. Termination for cause is subject to the condition that the
terminating party notifies the other party of the intent to terminate, stating with reasonable
specificity the grounds therefore, and the other party fails to cure the default within 30
days of receiving the notice.
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In the event the contract is terminated, the City shall reimburse the artist for work performed and
expenses incurred prior to the termination date.
Arbitration: In the event of a dispute between the artist and the City concerning the terms of the
contractual agreement, the parties shall endeavor to arrive at a mutually acceptable solution. If they are
unable to do so, either party may request that a mutually acceptable arbitrator familiar with artwork and
construction settle the dispute. The cost of the arbitration process shall be borne equally. Any decision
made as a result of such arbitration shall be binding and enforceable in a court of law pursuant to the
Florida Arbitration Code.
Alteration, Removal, Relocation or Deaccession: The contract with the artist shall provide that the City, in
it's sole discretion, may remove, relocate or de-acquisition the work of art, however, prior consultation
with the artist, if available, shall, as much as possible, be sought.
PROJECT DESIGN DEVELOPMENT
Depending on the complexity of the artwork and the interface with the Capital Improvement Project there
may be three phases of design. Smaller, more direct projects may require only two phases. Artists who
are selected through proposals will have prepared the conceptual design as part of the proposal process.
Conceotual Desicn: After signing a contract, but before beginning design, the artist will meet with TCD,
the General Contractor, and any related community groups as recommended. TCD will facilitate meetings
with related project representatives. After meeting with said community groups and representatives the
artist will work on the conceptual design, or refine the design accordingly if selected through a proposal
process.
Preliminarv Desian: Once the conceptual design is approved the artist shall proceed with preliminary
design. The artist shall:
Consider any changes requested, revise and refine the design
Conduct necessary content or materials research to complete the design
Prepare a final budget, including costs for fabrication, materials, labor, transportation,
installation, insurance, artist fee, and contingencies as negotiated. (see Appendix B)
Determine the fabrication and installation techniques and requirements
Prepare a list of qualified consultants or fabricators (if the artist is not fabricating and installing
the work him/her self).
The preliminary design will be presented by TCD to the Capital Improvement Projects Office and/or the
Public Works Department for executive review and input and then to the AiPP Committee for approval of
any significant changes that have been made.
Final Desicn: The artist shall prepare the construction documents required for the fabrication of the
artwork and site preparation. Depending on the nature of the project, these documents may include
working drawings, intermediate models, or life-size templates. The artist will provide TCD with drawings
for all aspects of the artwork and site preparation that are to be included in the construction bid
documents and specifications.
The artist may be required to provide signed and stamped structural or electrical engineering drawings
agreed to by the Contract Administrator (i.e. CIP/PW), or to review the project with conservators, or other
specialists. The Contract Administrator may require the artist to make revisions to comply with all
applicable statues, ordinances, building codes, or regulations of any governmental regulatory agency
having jurisdiction over the project. TCD, the Contract Administrator, and the appropriate
review/regulatory body shall approve such revisions if applicable.
In some cases, the artist will design elements of the facility that will be constructed under the general
contractor. In these cases, the artist will be paid a design fee from the art budget and the elements will be
fabricated and installed by the contractor with supervision by the artist.
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Fabrication
Upon approval of final design, the Contract Administrator will present the artist with a Notice to Proceed.
TCD shall be informed of the artist's schedule for fabrication and the agreed upon milestones and review
points during fabrication. If applicable, the artist will obtain three bids for fabrication and installation and
will consult with Contract Administrator rior to selecting a sub-contractor. For some projects the bid
process may take place as part of final design. TCD and Contract Administrator shall review the artwork
during fabrication and shall approve the artwork if it is fabricated off-site prior to installation when
applicable. If it is not possible to view the work in person, the artist shall provide photographic
documentation.
Desian Team Proiects
Certain projects may require collaboration between the artist and the project architect, landscape
architect or engineer. The following shall apply when this design team approach is used:
TCD and Contract Administrator will determine how the art funds and the base construction
budget may be allocated toward the artwork.
Artist's fees shall include design and supervision based on hourly rates with a cap that are
commensurate with the other consultant designers involved with the project.
The artist shall follow the procedures listed above under Design Development.
The artist shall supervise aspects of the fabrication and installation that are under the general
contract. This may include reviewing shop drawings with the architect and visiting the
fabrication and installation sites.
Design team projects shall follow the same post-installation and final acceptance procedures
as outlined below.
Post Installation and Final Acceotance Procedures
TCD, Contract Administrator, and Facility Manager (when applicable) shall inspect and approve the
installation of the artwork. The artist shall provide TCD with the items listed below:
Six slides minimum: two sets of color slides of the completed artwork taken from each of
three different viewpoints
Six prints: two sets of a" x 10' glossy black and white prints of the artwork and negatives
taken from each of three different view points
Catalog and maintenance information for the artwork.
TCD will review the above-mentioned material for final acceptance of the artwork by the City. TCD will
inform the artist in writing of the final acceptance by the City.
PUBLIC INFORMATION
Proaram Exoosure. Sianace: The AiPP program will provide a plaque for the project and shall review the
text with the artist. Together with the TCD department and City Officials, TCD will, through a press
release, dedication ceremony, or other means, announce the completion of the project. The completed
work shall be added to the AiPP pages of the City's web site and other public information materials. TCD
may prepare postcards, brochures or other materials for the public. The artist may be requested to meet
with press or critics, prepare a statement about the project for public distribution, and/or attend a
dedication ceremony. However, the artist will not approach the press independently without the prior
approval of the City.
Education: TCD and the artist will work together to plan an educational component to the project. This
may include demonstrations, tours, open studio, exhibition of related work, exhibition of the proposal and
process during the project development, a lecture or symposium, development of school or museum
related education materials. Artist participation in these activities will be negotiated during the contract
phase and covered by the artists' fee for the project.
Public Particioation: Public participation is a crucial element of any public art program. Public
participation can be achieved in a variety of ways - from lectures and workshops that encourage public
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awareness of the public art program - to the involvement of interested residents in the actual planning,
design, installation and maintenance of public art projects. TCD may include public participation as a
component of the annual AiPP process.
Education and Outreach: In order to stimulate and encourage public awareness of public art, TCD will, to
the extent possible, initiate, or collaborate with other agencies on events and activities designed to
provide a greater understanding of public art. These may include, but are not limited to, the following:
Conferences, symposia, workshops, artist's lectures, community meetings and public art
tours
Cooperative programs with arts groups. educational institutions and community organizations
Regular distribution of promotional and publicity materials, including press releases and
public service announcements
Information about the collection, the AiPP program and opportunities for artists and
community participation available on a web site
Exhibitions of proposals, and related works by selected artists
Design awards
Community Reoresentation: Community representatives will be appointed, as warranted, to serve on
artist selection panels or Professional Advisory Committees to ensure community input into the planning
for each public art project.
Creative Interaction Between Artists and Community: When possible, the AiPP program will identify
projects with the potential for involvement of community representatives in the planning, design and
installation of public art projects. On occasion, staff may also facilitate creative collaborations between
project artists and organizations that represent community stakeholders and who have expressed their
interest in public art collaboration. These organizations might include, but not be limited to, community
organizations, educational institutions, arts organizations and non-profit agencies. AiPP may also sponsor
special opportunities for community groups and artists to seek funding for public art projects through an
"Open Proposal" program.
Diversitv: Miami Beach recognizes the cultural, ethnic, and social diversity of the local resident and visitor
population, as well as that of the greater Miami area, and shall incorporate diversity in all aspects of its
AiPP program. The means by which the AiPP program may realize the goal of aesthetic and cultural
diversity shall include, but not be limited to ensuring that the AiPP committee, the ad hoc PAC artist
selection panels, and the artists selected for commissions represent Miami Beach's multi-ethnic, multi-
cultural population; commissioning artworks throughout the tri-sector neighborhoods; encouraging the
acquisition of artworks which include a wide variety of styles, scale and media; encouraging the
exploration of contemporary and new experimental art forms as well as established and traditional art
forms.
PORT ABLE COLLECTION
The current portable collection is to be catalogued and evaluated. Many of the artworks are of poor
decorative quality, outdated, incorrectly sized for the current location, in poor condition, or contain
inappropriate imagery. The recommendations herein are intended to address existing problems and to
focus a collection for the future.
Puroose of the Portable Collection: to acquire and display interior artwork that serves as contemporary
display, educates the public, and expands upon the commissioned work in the City's permanent
collection; and to acquire and display drawings and models of commissioned artwork in the collection.
Selection Criteria
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The collection is to be exhibited in the most public areas of public buildings. The following criteria have
been developed to guide the acceptance of gifts or the purchase of artworks for the portable collection.
The portable collection should bear a relationship to public art and to the AiPP permanent collection.
Criteria to be considered in selection include:
Acquisition of works by local Miami Beach artists
Acquisition of works by artists who have been commissioned through the AiPP program or
are active in the field of public art
Small-to-medium scale artworks that can be easily stored and moved as space needs
change
Imagery or subject matter that is appropriate and is of interest to the Miami Beach community
Artistic merit and relationship to other works in the permanent Collection
Artwork that is in good physical condition and require little or no maintenance
Availability of City storage, and willingness to protect and/or preserve the artwork.
If works are being collected for a specific building or department, the AiPP Committee or the selection
panel may recommend general themes or guidelines.
Selection Process: Several options are available for selecting decorative works depending on the budget
and the intended site. If the work is selected through a committee process, the meeting process outlined
herein may serve as a guideline. Other options include utilization of a 1-3 member selection panel of arts
professionals with an advisor from the Facility Agency, whereby artists submit slides of available works,
which the panel narrows to a small number that will be viewed by AiPP for final selection.
Installation Considerations:
The following steps should be taken to ensure secure and archival installation of any portable works:
Artworks should be framed with UV protective glass, with UV sleeves
Works on paper should be hung away from natural light
Utilization of acid-free matting, and a tamper-free mounting system
Labels and explanatory signage
Care and Maintenance: A portable collection requires ongoing supervision. All works are to be checked
yearly to insure that work is in its designated location; mounting and frame are secure; and frame, mat
and artwork are in good condition. Works that do not meet these criteria should be removed for repair or
storage.
Deaccession Guidelines: Carefully following the acquisition guidelines should limit the need to remove
artwork from the collection. Criteria for the artwork to be deaccessioned include: works that are too large
to fit into available or prospective locations; situations where value to repair work exceeds the value of the
work itself; work that does not meet the criteria for the collection.
When an artwork does not meet the criteria for the collection, the following steps are outlined in the
deaccession procedure. In short, the steps are:
Perform a professional appraisal of the artwork
Offer the work to a local museum (Bass, Jewish, Wolfsonian) to be held on loan from the City
Works refused by AiPP should be sold or auctioned, and funds from the sale of artworks
should be deposited into the AiPP fund and earmarked for the portable collection
Offer the work to the artist at price or for an exchange
Offer the work to other local public facilities or schools.
Loans: Loans to the portable collection should be accepted with a set time frame, location and purpose.
Long-term loans should be discouraged. Works that are currently on loan to the collection should be
evaluated and a set time frame should be established or the work should be returned to the owner.
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PERMANENT COLLECTION
A system for record keeping and cataloging the existing collection and new works are to be developed
and maintained. It is essential that both electronic and actual file systems be addressed. AiPP staff in
concert with the IT Department may develop the working files. The consulting services of a registrar are
recommended for professional input. The following guidelines are set forth as recommendations to
adopt.
Goals: Works of art in the permanent collection shall be maintained and preserved in the best possible
condition. City departments shall not provide any maintenance of artwork, including cleaning, without the
consent of AiPP. TCD will arrange for all professional services. The objectives of the maintenance
program shall be:
To inspect works of public art on a regular basis
To clean and provide other appropriate routine maintenance of the works of public art
To establish a regular procedure for effecting necessary repairs to works of public art,
including emergency situations that endanger public safety.
Artist Resoonsibilities:
Within the terms of the contract, the artist shall:
Guarantee the work of art against all defects of material and workmanship for a period of one
year following installation
Provide the City with drawings of the installation and with detailed instructions regarding
routine maintenance of the artwork
Provide TCD with a current address so that prior to any repair and restoration of the artwork,
the City shall, to the extent practicable, first consult the artist. To the extent practicable, the
artist shall be given the opportunity to accomplish such repairs at a reasonable fee.
Citv Resoonsibilities:
The City shall have the following responsibilities:
Works of art shall be examined for condition at least once a year. A written report shall be
prepared with photographic documentation as necessary.
When a work of public art requires maintenance or repair, the City will provide for the
necessary cooperation with the department that houses the work of art.
The City shall notify the artist before repair or restoration in order to provide on opportunity for
comment. When appropriate, the City will offer the artist the opportunity to do the work or to
supervise it. The City shall reserve the right to make minor and/or emergency repairs without
consulting the artist, taking into consideration instructions provided by the artist at the time of
acquisition.
After final approval and acceptance, all works of art shall be covered under the general
liability policy of the City, and the portable, decorative, or exhibited artworks shall be covered
under the Fine Arts addendum to the policy of the City. The insurance value of a work of art is
equal to its purchase or acquisition cost.
Procedures for Maintenance and Conservation: TCD shall provide for inspection and report on each work
of art in the City's collection, including the present condition of the artwork and recommendations
regarding needed maintenance and repair. When applicable, inspection shall be performed by a qualified
individual. AiPP may review the condition report and shall, for those works needing attention,
recommend that: no action be taken; staff negotiate cost, maintenance and repairs with the department
housing the artwork; repairs be made, in whole or in part, suggesting means of accomplishment; or that
the work be relocated or removed from the collection.
Alteration. Removal. Relocation or Deaccession: Public art generally enters the public environment
through a careful process informed by the best available professional judgment and advice from affected
public interests. Public art is created by artists specifically for the public context. In all circumstances, the
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City should seek to insure the ongoing presence and integrity of the work at the site for which it is
created, in accordance with the artist's and the program's intention. The primary concern should be to
assure continuing access to the work by the public.
The City Department shall not move a work of art from its site or alter the site so that the work of art is
obscured, altered significantly or jeopardized. Public art has a long historical tradition of controversy.
Review of the status of a public artwork should be undertaken cautiously, in order to avoid potential
influence of fluctuations in taste and the immediate pressures of public controversy. A work should not be
removed from public view simply because it is controversial or unpopular. A decision may implicate basic
questions of public trust, freedom of artistic expression, censorship, contractual obligations, copyright,
moral rights, and the integrity of the work. Consideration of removal should involve the same degree of
careful review as a decision to acquire a work of art: informed by a professional judgment and the
interests of the public, and proceed according to carefully developed policies and procedures.
When the City considers the possible relocation or removal of a public artwork, it must recognize its
multiple responsibilities: to the artist, as represented in the original artist contract; to the community,
through its legal mandate and stewardship role; and to our cultural heritage. Decisions about relocation
and removal must include a deliberate and explicit review process, assistance from professionals, and
thorough on-going documentation of the process.
Because the City has the responsibility for conserving the collection, and because the disposal of
artworks may have serious implications, the de-acquisition of a work of public art should be a seldom-
used procedure. It is the policy of the City not to dispose of works simply because they are not currently in
fashion and not to dispose of works whose worth might not yet be recognized.
Obiectives: Since the City desires to have a diverse public art collection of the highest quality, the
process of acquiring works and disposing of them should reflect that desire. At least once every ten years
each artwork in the permanent collection should be evaluated. This evaluation has the following
objectives:
To establish an orderly process for evaluating works of art in the City's collection acquired as
a result of the AiPP Program
To establish procedures for removal or relocation of works of art
To insulate the procedures from fluctuations in public opinion.
Procedures:
1) Conditions: A work of art may be considered for reacquisition for one or more of the following reasons:
the work of art has received documented and consistent adverse public reaction from a measurably large
number of individuals and/or organizations over a period of 10 or more years; deacquisition has been
requested for serious cause by the Department that displays the work; the site has become inappropriate;
for example, it is no longer publicly accessible, or the physical setting is to be destroyed; the work is
fraudulent or not authentic; the work possesses faults of design or workmanship; the work causes
excessive or unreasonable maintenance; the work is damaged irreparably, or to on extent where repair is
unreasonable or impracticable; the work represents a physical threat to public safety; or deacquisition has
been requested in writing by the artist, for serious cause.
2) Process: The recommendation to dispose of a work of art shall be made by the AiPP Committee and
shall require a majority vote of the full membership of the Committee. Final approval for deacquisition
shall be granted by the City Officials. TCD shall prepare a report which includes: reasons for suggested
deacquisition; criteria for original selection, acquisition method and cost; informed estimate of the current
value of the work; staff evaluation of the work; public and Department feedback on the work; opinion of
the City attorney; and suggested alternate courses of action and costs. This matter shall then be referred
to the City Commission and an advertised public meeting shall be conducted. An artist whose work is
being considered for deacquisition shall be notified and shall be invited to speak.
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3) Courses of Action: TCD may recommend any of the following courses of action as a result of the staff
report and the testimony received at the public hearing. TCD shall not be limited to these courses of
action but may suggest alternatives appropriate to meet particular circumstances.
Relocate the work of art. This method shall be given the highest priority.
Remove the work from display and put it in storage.
Sell or exchange the work of art through the following means: offer the artist the first
opportunity to buy bock the work of art at the current appraised value or at a price to be
negotiated, obtain professional appraisal and advertise sale et auction, or seek competitive
bids.
Dispose using City surplus property procedures.
4) Proceeds. All proceeds from the sale of public works of art shall be deposited into the AiPP fund to be
used for maintenance and repair of works of art in the City's public art collection.
DONATIONS
Donations can be an important part of a collection. Proposed donations, monuments, memorials, or
plaques, shall undergo a review process to ensure that acceptance of such donations take place in a fair
and uniform manner and supports the criteria set for the by City Commission. AiPP shall assist in the
process relative to any donation of work of art to be accepted by the City for placement on public property
in the City or located on public facilities within the City, including monuments, memorials, and plaques, as
defined in Chapter 82, Article VI, Section 82-502 of the Code of the City of Miami Beach, as amended.
As deemed necessary, the Committee shall require proposals for donations of works of art to include
costs for design, fabrication, installation, insurance, bonding, and maintenance, as deemed applicable.
Such costs shall be solely underwritten by the proposed donor. In addition, the donor shall be
responsible for costs of a pedestal, identification plaque, base, structural support, and any landscaping
related to the proposed public site.
If required, utility connections, site modifications, structural reinforcements, or other engineering
requirements, and/or site modifications should be described in the donation proposal, and developed by
way of construction plans and specifications. The donor shall be responsible of architectural and lor
engineering plans, if required, which must be prepared and stamped by a licensed architect and/or
engineer.
If required, a maintenance endowment shall be negotiated with the donor on a project-by-project basis.
Such factors, including but not limited to, value, size, material, location, and potential for vandalism will be
considered in determining that the maintenance endowment is adequate to ensure proper care and
maintenance of the donated work of art, and to assure that the work of art will remain in a condition and
high quality satisfactory to the donor and the City. Maintenance shall include not only care of the work of
art itself but, if applicable, the public property immediately surrounding the work of art; particularly if the
art is placed in a City park.
Donation Criteria
Is the proposed donation a work of art with aesthetic merit, of exceptional quality, and
enduring value?
How is the proposed donation compatible or incompatible with the City's current collection of
works of art, particularly those located on public property and lor facilities within the City?
Is the work of art compatible in scale, material, form, and content with its surroundings?
Consideration shall be given to the social context of the work, and the manner in which it may
interact with people.
Relationship of the work of art and the proposed placement site shall be considered in terms
of the physical dimension, social dynamics, local architectural character, and surrounding
urban neighborhood context of the site, existing or as planned.
The following factors may also be considered:
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o visibility and accessibility
o safety and traffic patterns (both interior and exterior)
o significance and relationship to the proposed site
o social context (intend use of the work, if any)
o facility/area users
o landscape design and/or environmental concerns
o future development plans for the area
o existing works of art within the proposed site vicinity
In addition to the AiPP review, as set forth herein, design, placement, and installation of donations of
works of art on public property and/or City facilities are also be subject to administrative design review.
Notwithstanding the foregoing criteria, the final determination regarding acceptance of donated works of
art for placement on public property in the City or located in public facilities within the City, shall be made
by the City Commission. If the City Commission determines that the recommendation of either the Art in
Public Places Committee or the administrative design review is not appropriate as to a particular
proposed donation of a work of art, it may waive any or all of the aforestated criteria.
PLAQUES AND HISTORIC MARKERS
Size and Material Standards: Plaques shall be of bronze construction with raised, ribbon, or engraved
letters, with a smooth round or square corner edge. Size of all plaques shall be 10" by 14" vertically
except that special circumstances may be considered for plaques of either a smaller size or larger size
subject to staff Design Review and approval.
Location: All Plaques and proposed plaque locations shall be subject to Design Review and approval at
staff level. Applicants shall meet with staff prior to commencement of identifying location.
Located on Buildinas: Any plaques on a building or structure shall be located in a place and manner that
does not disrupt the architectural design or significance of the building/structure - subject to Design
Review staff approval. Plaques shall be located approximately just above eye level with the horizontal
center line at approximately 68" above sidewalk. Plaques may only be permitted to be located on
buildings and structures if an appropriate location is determined by Design Review staff.
Located in the Riaht-of-Wav: Any plaques/makers located in a public right-of-way shall be located,
mounted, installed and lighted (if appropriate) in a manner which does not impede pedestrian or vehicular
traffic as well as in a location which does not adversely impact upon or alter the special character of the
right-of-way or its surrounding environs, including buildings, structures, landscaping, etc.
Letter Font and Size: All letter font and sizes shall be easily legible from a distance of 30" and shall be
subject to Design Review staff review and approval.
DEFINITIONS
Accession: The procedure followed to accept and record the artwork into the permanent collection.
Acauisition: The inclusion of on artwork in a permanent art collection whether through commission,
purchase, gift, exchange or other means.
Art in Public Places lAiPP): The office within the department of Tourism and Cultural Development, which
handles administration of the policies and procedures established by ordinance to manage the City of
Miami Beach's percent for art program.
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Art in Public Places Committee: A group of citizens appointed by Mayor to oversee program planning, site
selection, art acquisition, artist selection process, review of design, fabrication and installation of artwork,
maintenance, oversight and removal of artwork from the City's collection.
Art Professional: An individual appointed by Commission to serve on the Art in Public Places Committee
or to serve on a Professional Advisory Committee Panel. Generally on art historian, artist, arts
administrator, collector, critic, curator, or designer (other than the Project Architect).
Artist: A person who practices in the visual arts as a professional. Indications of a person's status as a
professional artist include, but are not limited to, income realized through the sole or commission of
artwork, frequent or consistent art exhibition, placement of artwork in public institutions or museums,
receipt of awards and honors, and training in the arts.
Artist Aareement: The contract between the City and the Artist which pertains to the commissioned
artwork with other terms and conditions included in the exhibits and documents incorporated therein by
reference.
Artworks / Works of Art: A tangible creation by an artists exhibiting the highest quality of skill and
aesthetic principles, including but not limited to paintings, sculptures, stained glass, engravings, carving,
frescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries, photographs, drawings, monuments
and fountains.
CIP Proiect (a.k.a. Citv Construction Proiect); any project paid for wholly or in part by the City of Miami
Beach.
Construction Costs: the total value of the construction of, or reconstruction work on, commercial
structures as determined by the building official of the City in issuing a building permit for such
construction or reconstruction. Relative to a city construction project, construction costs shall include
architectural and engineering fees, site work and contingency allowances. It does not include land
acquisition or subsequent changes to the construction contract. All construction costs shall be calculated
as of the date the contract is executed. Although the final AiPP fund allocation shall be calculated based
on the construction costs as of the date the contract is executed, a preliminary allocation shall be based
on the estimated costs at the time of budget appropriation.
Coordinator: A staff member responsible for the administration of a project or program.
Contract Administrator: The designee of the City Manager, whose primary responsibilities are to
coordinate and communicate 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. In the
administration of this Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the Contract Administrator; provided, however, that such
instructions and determinations do not change the Scope of Services.
Deaccuisition: The indefinite removal of an artwork from permanent display, whether it is disposed of or
not.
Deaccession: The removal of an artwork from a permanent collection through agreed upon procedures.
Desian Review: The City department and board with oversight regarding the design of the project.
Desicn Team: A situation where the artist collaborates with project designers on the design of the entire
facility or aspects of the facility.
Facility User/Manacer: The City department(s)/Manager that will use/manage the facility upon completion.
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General Contractor and lor Contractors: The person, firm, or corporation with whom the City has
contracted and who is responsible for construction services at the location where the work of art is to be
located that may be either finished or ongoing during the term of the Artist Agreement.
Historic Preservation: The City division, department, and board with oversight regarding construction in
historic districts.
Notice to Proceed: A written Notice to Proceed with the work of art and the scope of services issued by
the Contract Administrator.
Professional Advisorv Committee (PAC): The ad hoc panel convened to review the project and select on
artist(s) to be commissioned or artwork(s) to be purchased.
Proiect Desianer: The architect, landscape architect, engineer, designer, responsible for designing the
CIP project, including all designated members of a business or firm, or city staff, if project is designed in-
house.
Public Art: Artwork in a public place, that is visually accessible to the public, and often sponsored through
the auspices of a public agency.
(END OF DEFINITIONS)
20
MIAMI BEACHAlPP GUIDELINES
FORMS (6)
(1) PROJECT SELECTION FORM
General Information
Project Name:
Department:
Budget Code:
Department Contact:
Architect:
Engineer:
Landscape Architect:
Project Status:
Project Budget:
Recommended Artwork Budget:
Services provided at site, nature of public use:
Neighborhood/Context Information
Address:
City District:
Neighborhood/Context description (zoning, demographics, physical characteristics):
Other artwork in the vicinity:
Project Partners:
Community Contacts:
Artist Selection
Type of work: _commission _ purchase _conservation _ re-siting :
Potential number of artworks/projects to be acquired at this site:
Artist scooe of work
Method of Selection: open competition, limited competition, direct selection, other Recommended
Panelists:
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(2) FACILITY SELECTION FORM
AiPP has two choices regarding sites for artwork on any new project.
First: Should a work of art be sited at the facility that generated the funding?
Second: If so, where at the facility should the artwork be sited?
Below is a set of questions to consider in evaluating a public facility.
Research: Budcet
What is the budget for the artwork? Budget $
What kinds of artwork are feasible within this budget?
Dlndoor Intimate DOutdoor Walking oOutdoor Driving
Research: Site Access
Number of Daily Users DLow D Medium OHigh
Number of Visitors Each Day DLow DMedium DHigh
Number of Pedestrians Passing By o Low DMedium OHigh
Number of Cars Driving By DLow OMedium DHigh
Soecial Considerations
DYes DNo
Special Circumstance: Is there something very special about the site that
demands artwork for reasons of social or political issues or tourism/civic image
making?
If so, what?
DYes
DNo
Potential for Collaboration: Is there something about the collaboration with the
people at the facility that will lead to the creation of a very special and unique
work of art that would inspire other works of art in the City?
If so, what?
DYes
DNo
Matches Other City Goals: Does the City have goals that match well with a
particular site such as gateways, special districts, recreational areas, nature site,
etc.
If so, what?
DYes
DNo
Public Art Reputation: Does the site or project contribute to any TCD/AiPP
cultural or art goals of the City?
If so, what?
Satisfaction of Citywide Access
DYes DNo Does this site geographically balance and enhance citizen access to public art
across the City?
DYes DNo Does this site balance and enhance cultural and economic diversity of citizens
with access to public art across the City?
Evaluate the Citywide considerations based on the budget/scale. For example, the drive-by may provide
great visibility, however, the budget does not afford the purchase of a work of art in the appropriate scale.
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Suitabilitv
\JYes
\JNo
Can the artwork be appreciated in its context? In other words, are there
elements that interrupt appreciation such as overly crowded lobby, a maze of
competing signs, or an inappropriate social context?
If so, what?
Aoorooriateness
\JAccept \JReject Does the budget for the project permit a work of art that will enhance the quality
of life by the citizens and/or will it satisfy a unique opportunity for art for the
citizens.
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(3) SITE SELECTION FORM
Artistic Aooreciation
Evaluating a specific location to appreciate a future work of art is a difficult process but an important one
to attempt. Remember to evaluate the artwork based on the size permissible by the budget. Below are
only a few sample questions.
Will the artwork "hold its own" and not be overwhelmed in a vast space or a space full of
many other distracting things? And what exactly is the space in question? Examples:
o Bus Stop: a tiny sculpture on the bench of a bus stop might be perfect for appreciation
by waiting riders. whereas a ten-foot sculpture at the same place cannot visually compete
with the business signs and moving traffic.
o Lobby: a clean high ceiling could provide the aerial space of a mobile where as a
painting in the same lobby could not be seen through the furniture, signage, or indoor
plants.
Does the existing or future architecture or landscape form a good backdrop or space for the
artwork?
Is the space large enough to see the whole artwork?
Is there anything blocking the view of the artwork?
Positive lmoact
No matter what the site, the best way to create a space of appreciation in any situation is a positive
attitude (AiPP, the artist, the architect, and the client department).
Frequently, minor changes may have a significant impact. Examples:
Lighting types, locations and direction
Signage, switches, and fire extinguishers (they can be moved to create more clear wall space
surrounding the artwork)
New plants and trees (they can be relocated)
Surface material can be modified to accept the artwork
Neaative Imoact
By carefully examining the building and site design, a few pragmatic issues can be avoided.
Is the work of art safe from vandalism or accident?
Does the relationship of the sun to the viewer make the appreciation a problem?
Is the work frequently in the dark?
Is the work near trees such that the spotting shadows or leaves discolor the artwork?
Is the action of people slowing or stopping to view the work a problem for some safety or
operational point of view?
Is the work likely to have objects blocking the work like indoor potted plants or parked cars?
Does the site have good overall maintenance?
Does the sprinkler system utilize water with iron that would stain the art?
Can the artwork itself be maintained at that site?
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(4) PROJECT SCHEDULE FORM
General Information
Project Schedule Design Complete:
Construction Start:
Project Complete:
Art Selection Schedule:
Orientation Meeting:
Call to artists sent:
Deadline:
Slide Review:
Artist Orientation:
Site Visit:
Artists' Proposals:
Interviews:
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(5) COLLECTION FORM
General Information
Artist:
Address and Telephone Number:
Title:
Description of Artwork:
Accession Number and Location on Artwork:
Date and Place Executed:
Installation Date:
Project Name and Address:
Location of Artwork within Project:
Medium (Le. steel, bronze. painted enamel, etc.):
Dimensions (without pedestal):
Height: Width: Depth:
Approximate Height:
Pedestal Dimensions:
Height: Width: Depth:
Approximate Weight:
Edition Information (if not a unique piece):
Location and Description of Artist Signature and Copyright mark, if it occurs:
Fabricator, if other than artist:
Name and Address:
Exhibitions and Collections (pertaining to above work):
Reproductions and Periodicals (pertaining to above work):
Technical and Maintenance Information Construction Technique:
Foundation Structure (include bolt/pin size and grout as well as any underground anchoring system):
Materials(s) (types, sizes and manufacturers):
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Material(s) Thickness:
Welding or Joining Method:
Welding Rod Alloy or Joint Material:
Material Finish (glaze, paint color and type, sanding grit, tool pattern, patina, surface sealer, etc.):
What is the Artist's intention relating to the work over time? (Le. patina, etc.) Should Work Reflect the
impact on/of the Environment?
Suggested Routine Maintenance:
Can the Department Cleaning Staff be Responsible for the Routine Maintenance?
Yearly Maintenance and Care of Artwork (cleaning agent and procedure):
Can the Department staff at the Site be Responsible for these Procedures?
Artist Signature:
Date:
Care of Artwork Department Responsibilities: The Department agrees to accept the responsibility for the
care of the above-mentioned artwork. All substantial restoration of the artwork will be done only with the
approval of the Public Art Committee.
Person Responsible for Annual Maintenance:
Name, Address, Telephone Number:
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(6) ARTIST AGREEMENT FORM
AGREEMENT between CITY OF MIAMI BEACH, FLORIDA and
(ARTIST) for COMMISSIONED ARTWORK
This is an Agreement, made and entered into this _ day of ,200_, by and between:
CITY OF MIAMI BEACH, a political subdivision of the state of Florida, hereinafter referred to as "CITY";
AND
NAME, his/her successors and assigns, hereinafter referred to as "ARTIST."
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, CITY and ARTIST agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
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; other terms and conditions included in the exhibits and documents
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. 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 Attorney - The chief legal counsel for CITY who directs and supervises the Office of the City
Attorney.
1.5 City Manager - Shall mean the Chief Administrative Officer of the City.
1.6 Consultant - Architect or Engineer who has contracted with the City or who is an employee of
City, to provide professional services for the Project.
1.7 Contract Administrator - The designee of the City Manager, whose primary responsibilities are
to coordinate and communicate 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. In the administration of this Agreement, as contrasted with matters of policy, all parties
may rely on the instructions or determinations made by the Contract Administrator; provided,
however, that such instructions and determinations do not change the Scope of Services.
1.8 General Contractor and lor Contractors - The person, firm, or corporation with whom the City
has contracted and who is responsible for construction services at the location where the Work is
to be located that may be either finished or ongoing during the term of this Agreement.
1.9 Notice to Proceed - A written Notice to Proceed with the Work and the Services issued by the
Contract Administrator.
1 .10 Project - Name of Project
1.11 Sub Consultant - A person, firm or corporation having a direct contract with Artist.
1.12 Work - The work of art to be created under this Agreement.
ARTICLE 2
SCOPE OF SERVICES (Services)
2.1 ARTIST shall perform all work identified in this Agreement and Exhibit DAD Scope of Services
(Services), including design, fabrication, transportation, and installation of the Work. The parties
agree that the Scope of Services is a description of ARTIST's obligations and responsibilities and
is deemed to include preliminary considerations and prerequisites, and any and all labor,
28
materials, equipment, and tasks as necessary and required to design, build, and complete the
Work, as contemplated by this Agreement.
2.2 ARTIST acknowledges and agrees that while the Contract Administrator has not been
designated, the authority to make changes that would increase, decrease, or otherwise modify
the Scope of Services to be provided under this Agreement, such increases, decreases, or other
modifications may be made by mutual agreement of the CITY, if over $25,000, or the City
Manager, if under $25,000, and Artist, as memorialized and approved in a written amendment to
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 Work, the ARTIST shall furnish the Contract Administrator with
professional photographic documentation, or other acceptable documentation. Photographs shall
at a minimum include the following:
1. Two (2) identical sets of twelve 35mm color slides illustrating various aspects of the
artwork within the site.
2. Two 4x5 color transparencies.
3. Four 8x10 black and white photographs.
Submitted slides and photographs shall be of acceptable professional quality as determined by
the Contract Administrator.
2.5 Upon completion of the Work, ARTIST shall provide Contract Administrator a detailed written
schedule and instructions for the routine care, maintenance, and preservation specific to the
Work, as set forth in Exhibit oCo Cataloguing Form, attached and made a part hereof.
2.6 ARTIST shall be responsible for the quality and timely completion of the Work. The ARTIST shall
be responsible for designing the Work so that it can be constructed without exceeding the
approved budget. The ARTIST shall, without additional compensation, and without limitation,
correct or revise any errors, omissions, or other deficiencies in the Work to the reasonable
satisfaction of the Contract Administrator.
2.7 ARTIST agrees that an essential element of this Agreement is the personal skill and creativity of
the ARTIST. The ARTIST shall not assign any creative or artistic portions of the Work to another
party without the written consent of the Mayor and City Commission.
2.8 ARTIST agrees that all work performed pursuant to the Scope of Services and under this
Agreement, and that the Work itself, shall comply with any and all applicable laws, ordinances,
codes and regulations. ARTIST shall acquire any approvals and permits required by State and
local law for the Work.
2.9 The ARTIST shall not make any public information release in connection with Services performed
pursuant to this Agreement without the prior written approval of the Contract Administrator.
2.10 In the event the Services are combined or otherwise coordinated with services by third parties not
within the control of the ARTIST, the ARTIST shall not be responsible for such third party
services. If any part of the ARTIST'S Work depends upon proper execution or results of work of
the CITY or a third party responsible to the CITY, the ARTIST shall, prior to proceeding with the
Work, promptly report, in writing, to the Contract Administrator any apparent discrepancies or
other defects in such other work which renders the Work unsuitable for proper execution and
results by the ARTIST. If not promptly reported in writing, as required herein, the Artist shall be
deemed to have waived his right(s) to contest or request additional compensation, time, or any
29
other accommodation required to address such discrepancy and/or defect, and Artist shall have
been deemed to have assumed the risk.
The ARTIST shall take all reasonable steps to coordinate the Services and the Work, with the
work of the CITY or of a third party on the Project. ARTIST agrees to accept responsibility for any
delays to the work of the CITY or of a third party on the Project if ARTIST fails to take reasonable
steps to coordinate his services and the Work with said parties.
2.11 While ARTIST is involved in the execution, fabrication, transportation, inspection and/or
installation of the Work, the following provisions shall also apply:
a. The Contract Administrator shall notify ARTIST of the City and any other contractor(s)
operation, construction and maintenance schedules in and around the area where the
ARTIST's Work is to be performed. The ARTIST shall perform his Services and
prosecute the Work in a manner and time so as not to cause interference with any of the
operations of the CITY or third party contractor(s). In the event of conflict between the
schedules of the contractor, CITY, and ARTIST, said conflict shall be resolved by the
CITY, in its sole judgment and discretion.
b. When working on CITY property, the ARTIST shall perform such clean up as may be
reasonably requested by CITY, in its sole judgment and discretion. Upon completion of
the Services and/or the Work, whichever comes first, the ARTIST shall remove his
equipment, excess materials, and waste promptly and as requested by CITY.
2.12 The ARTIST shall bear any transportation and storage costs resulting from the completion of the
Services and of the Work prior to the time provided in the schedule for installation.
2.13 Title to the Work shall pass to the CITY upon written final acceptance of the complete installed
Work by the CITY. All risk of destruction, or damage to, the Work or any part thereof from any
cause whatsoever shall be borne by the ARTIST until written final acceptance by the CITY. The
ARTIST shall, at the ARTIST's sole expense, rebuild, repair, restore, and make good all such
damage to any portion of the Work until Title to the Work has passed to the CITY, except any
portions previously accepted by the CITY as provided above. However, the ARTIST shall not be
responsible for repairing any damage caused by job-site contractors or subcontractors not under
the ARTISTDS contractual control or supervision.
ARTICLE 3
TERM AND TIME OF PERFORMANCE
3.1 The term of this Agreement shall begin on the last date of execution by the parties and shall end
thirty (30) days before the opening ceremony or public access to the site or 480 days thereafter,
whichever is earlier.
3.2 All duties, obligations, and responsibilities of the ARTIST required by this Agreement, including
first and foremost, the completion of the Work, as accepted by the City, shall be completed within
_days from the date of Notice to Proceed (or signing of agreement), and/or no later than thirty
(30) days before the opening ceremony or public access to the site, whichever is later. Time shall
be deemed to be of the essence in performing the duties, obligations and responsibilities required
by this Agreement.
3.3 The CITY 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 underlying capital
project (the Project), or if conditions beyond the ARTIST'S control render timely performance of
the ARTIST'S services impossible. The determination of whether a delay is beyond the
ARTIST'S control or not shall be made solely by the Contract Administrator and ARTIST agrees
to abide by the Contract Administrator's decision.
30
3.4 Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control
and/or force majeure, will not be considered a breach of contract, provided that such obligations
shall be suspended only for the duration of such condition.
ARTICLE 4
COMPENSATION
4.1 CITY agrees to pay ARTIST, in the manner specified in Section 4.2 and Exhibit "B,"
Compensation and Schedule of Payments, the total amount of (amount) ($$$) for work
satisfactorily performed and completed pursuant to this Agreement, and as accepted by the City,
through its Contract Administrator. This amount shall be accepted by ARTIST as full
compensation for the Services and the Work. It is acknowledged and agreed by ARTIST that this
amount is the maximum amount payable and constitutes a limitation upon CITY's obligation to
compensate ARTIST for its services related to this Agreement. This maximum amount, however,
does not constitute a limitation, of any sort, upon ARTIST's obligation to perform all items of work
required by or which can be reasonably inferred from the Scope of Services or to diligently
prosecute and satisfactorily complete the Work in a manner acceptable to the CITY. No amount
shall be paid to ARTIST to reimburse its expenses.
4.2 METHOD OF BILLING AND PAYMENT
4.2.1 ARTIST may submit invoices for compensation no more often than on a monthly basis, but only
after the portion of the Services for which the invoices are submitted have been satisfactorily
completed. An original invoice plus one copy are due within fifteen (15) days of the end of the
month except the final invoice, which must be received no later than sixty (60) days after this
Agreement expires. Invoices shall designate the nature of the services performed and/or the
expenses incurred. A written progress report shall accompany each invoice, describing the
portion of Services and/or of the Work completed during that pay period.
4.2.2 Subject to 4.2.1 above, the CITY shall pay ARTIST within thirty (30) calendar days of receipt of
ARTIST's 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
instructions prescribed by Contract Administrator. Payment may be withheld for failure of
ARTIST to comply with a term, condition, or requirement of this Agreement; for Services not
satisfactorily performed; and/or in the event the City does not accept the Work.
4.2.3 CITY may include an allowance reserve not to exceed ten (10%) percent of the (name of project)
construction budget to provide for unforeseen costs, including but not limited to, construction
delays or site changes.
4.2.4 Notwithstanding any provision of this Agreement to the contrary, CITY may withhold, in whole or
in part, payment to the extent necessary to protect itself from loss on account of inadequate or
defective work that has not been remedied or resolved in a manner satisfactory to Contract
Administrator.
Payment shall be made to ARTIST at: (physical residence)
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
5.1 Any change to the Scope of Services or to the Work must be accomplished by a written
amendment, executed by the parties in accordance with Section 13.16.
31
5.2 The ARTIST shall, whenever required during the term of this Agreement, present to Contract
Administrator in writing, drawing(s) or other appropriate media for further review and approval of
any significant changes in the scope, design, color, size, material, utility and support
requirements, texture, or location of the site or of the Work. A significant change is any which
affects the installation, scheduling, site preparation or maintenance of the Work, or the concept of
the Work, as represented in the original approved design.
ARTICLE 6
WARRANTIES/STANDARDS
6.1 The ARTIST warrants that: (a) the design or Work being commissioned is the original product of
the ARTIST's own creative efforts; (b) unless otherwise stipulated, the Work is original, that it is
an edition of one; and (c) that ARTIST shall not sell or reproduce the Work, or allow others to do
so without the prior written consent of CITY. This warranty shall survive the term of this
Agreement.
6.2 The ARTIST shall guarantee the Work to be free from faults of material and workmanship for a
period of two (2) years after installation or final acceptance by CITY, whichever occurs later.
6.3 The ARTIST shall deliver the Work to the CITY free and clear of any liens from any source
whatsoever. These guarantees shall apply to work(s) that are entirely that of the ARTIST or
persons responsible to the ARTIST, and shall not apply to materials or workmanship of projects in
which the Work of ARTIST is integrated or combined, or to materials purchased, acquired, or
installed by a person or entity not responsible to the ARTIST. This warranty shall survive the
term of this Agreement.
6.4 The ARTIST shall faithfully perform the Work in accordance with standards of care, skill, training,
diligence and judgment provided by highly competent professionals who perform work of a similar
nature. This warranty shall survive the term of this Agreement.
ARTICLE 7
OBLIGATIONS OF CITY
7.1 CITY shall assist ARTIST by placing at ARTIST's disposal all public information it has available
pertaining to the Project without cost to ARTIST.
7.2 CITY shall:
a. arrange for access so that ARTIST may enter upon public property as required for
ARTIST to perform the Services under this Agreement;
b. give prompt written notice to ARTIST whenever the CITY observes or otherwise becomes
aware of any development that affects the scope or timing of ARTIST's services;
c. arrange public meetings and consultations as needed for the ARTIST to fulfill the
ARTIST's obligations under this Agreement;
d. review materials submitted pursuant to Exhibit "A" in a timely manner;
e. prepare and install, at its expense, a plaque or sign identifying the ARTIST, the title of the
Work and year of completion, and shall reasonably maintain such notice in good repair;
and
f. reasonably assure that the Work is property maintained and protected, taking into
account the recommendations of the ARTIST, as stated in the Cataloging Form provided
by the ARTIST.
ARTICLE 8
ARTIST'S RIGHTS
32
8.1 The ARTIST understands and expressly agrees that, as to the ARTIST's rights in the Work, the
provisions of this Article shall control over the provisions of 17 U.S.C.. 106A(a), and shall
constitute a waiver by the ARTIST of any and all rights in the Work set out in or otherwise granted
by 17 U.S.C.. 106A(a), Visual Artists Rights Act of 1990, or by any other operation of law.
8.2 All other rights in and to the Work, including but not limited to, all rights in the nature of Droit Moral
relating to any continuing interest the ARTIST may have in the maintenance or modification of the
Work, are expressly waived by the ARTIST and insofar as such rights are transferable, are
assigned to the CITY.
8.3 Notwithstanding this waiver, CITY, through the City Manager or his designee, shall make a diligent
good faith effort to notify ARTIST of any proposed action which will remove, destroy, or otherwise
modify the Work by providing notice to the ARTIST by registered mail at the most recent address
provided to and on file with the City of Miami Beach Office of Arts, Culture & Entertainment, the
Contract Administrator.
8.4 In the event that ARTIST fails, within ninety (90) days of receipt of such notice, to remove the
Work, pay for its removal, or participate in the reworking or preserving of the Work, CITY shall
have the right to proceed with the removal or other modification of the Work. In the event that
CITY makes a diligent, good faith attempt without success to notify the ARTIST of its intended
action, CITY shall have the right to proceed with alteration of the Work by reason of repair and
maintenance or removal.
8.5 The ARTIST shall be given the right of first refusal to perform repairs and restorations and shall be
paid a reasonable fee for such services, provided that the ARTIST and CITY shall agree in writing
upon the fee before the commencement of such services and execute a two-party agreement
memorializing same.
ARTICLE 9
COPYRIGHTS
9.1 ARTIST shall retain all copyright in and to the Work created under this Agreement, provided that
the ARTIST grants to CITY an irrevocable license to graphically depict the Work in any non-
commercial manner or media whatsoever to promote the CITY or the CITY's cultural programs, or
for whatever other public purposes the CITY, in its discretion, deems necessary.
9.2 ARTIST agrees and further warrants to the CITY that all Services performed under this
Agreement, and the Work, 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. Such depictions shall in all cases be accompanied by
proper attribution to ARTIST, including name, title of work, materials and dimensions.
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.
ARTICLE 10
INDEMNIFICATION
10.1 ARTIST shall at all times indemnify, hold harmless and, at the City Attorney's option, defend or
pay for an attorney selected by City Attorney to defend CITY, its officers, agents, servants, and
employees against any and all claims, losses, liabilities, and expenditures of any kind, including
attorney fees, court costs, and expenses, caused by negligent act or omission of ARTIST, its
employees, agents, servants, or officers, or accruing, resulting from, or related to the subject
33
matter of this Agreement including, without limitation, any and all claims, demands, or causes of
action of any nature whatsoever resulting from injuries or damages sustained by any person or
property. The provisions of this section shall survive the expiration or earlier termination of this
Agreement. To the extent considered necessary by Contract Administrator and City Attorney,
any sums due ARTIST under this Agreement may be retained by CITY until all of CITY's claims
for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any
amount withheld shall not be subject to payment of interest by CITY.
ARTICLE 11
INSURANCE
11.1 ARTIST shall at all times during the term of this Agreement maintain in force those insurance
policies as designated in the attached Exhibit D, Certificates of Insurance, and will comply with
those requirements as stated therein. Certificates of insurance shall be furnished to and approved
by CITY before commencement of any Services. Such certification of insurance will provide CITY
with thirty (30) days prior written notice of any cancellation or non-renewal.
ARTICLE 12
TERMINATION
12.1 In the event that ARTIST or the CITY fails to perform or observe any of the covenants, terms, or
provisions under this Agreement and such failure continues thirty (30) days after written notice
therefore from the other party hereto, such non-defaulting party may immediately or at any time
thereafter, without further demand or notice, terminate this Agreement without prejudiced as to
any remedies which may be available to it for breach of contract.
12.2 Termination of this Agreement for cause may include, but not be limited to, failure to suitably
perform the Services and/or the Work, failure to continuously perform the Services and/or the
Work in a manner calculated to meet or accomplish the objectives of CITY, as set forth in this
Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any
such breach was previously waived or cured.
12.3 Notice of termination shall be provided in accordance with the NOTICES section of this
Agreement.
12.4 The CITY, in addition to the rights and options to terminate this Agreement for cause, retains the
right to terminate this Agreement, at its sole option, at any time, for convenience, without cause
and without penalty, when, in its sole discretion it deems such termination is in the best interest of
the CITY, upon notice to ARTIST, in writing, fourteen (14) days prior to termination. ARTIST shall
be compensated for all Services satisfactorily performed up to the time of receipt of said written
termination notice, and/or the assembly and submittal to the CITY of documents for the Services
performed, and the CITY shall have no further liability for compensation, expenses or fees to
ARTIST. In the event this Agreement is terminated for convenience, upon being notified of
CITY's election to terminate, ARTIST shall refrain from performing further services or incurring
additional expenses under the terms of this Agreement. ARTIST acknowledges and agrees that
ten dollars ($10.00) of the compensation to be paid by CITY, the adequacy of which is hereby
acknowledged by ARTIST, is given as specific consideration to ARTIST for CITY's right to
terminate this Agreement for convenience.
12.5 The death or permanent incapacity 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 or the ARTIST the compensation payable for any
Services satisfactorily 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.
34
ARTICLE 13
MISCELLANEOUS
13.1 AUDIT RIGHT AND RETENTION OF RECORDS
CITY shall have the right to audit the books, records, and accounts of ARTIST that are related to
this Project. ARTIST shall keep such books, 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, through its Finance Department, 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 audit findings 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 ARTIST's 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 ARTIST. Any incomplete or incorrect entry in such books,
records, and accounts shall be a basis for CITY's disallowance and recovery of any payment
upon such entry.
13.2 NONDISCRIMINATION. EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH
DISABILITIES ACT
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 which
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 performing any Services pursuant to this Agreement.
13.3 PUBLIC ENTITY CRIMES ACT
ARTIST represents that the execution of this Agreement will not violate the Public Entity Crimes
Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who isI
35
a contractor, consultant or other provider and who has been placed on the convicted vendor list
following 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 CITY, and may not transact any business with CITY in excess of the threshold
amount provided 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 charged with committing an act defined as a
'public entity crime' regardless of the amount of money involved or whether ARTIST has been
placed on the convicted vendor list.
13.4 INDEPENDENT CONTRACTOR
ARTIST is an independent contractor under this Agreement. In providing Services under this
Agreement, neither ARTIST nor its agents shall act as officers, employees, or agents of the CITY.
This Agreement shall not constitute or make the parties a partnership or joint venture.
13.5 THIRD PARTY BENEFICIARIES
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 claim 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.
13.6 NOTICES
Whenever either 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 acknowledgment of delivery, addressed to the party for whom 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:
FOR CITY:
(title, department)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(phone)
FOR ARTIST:
(name, address, phone)
13.7 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by
either party. In addition, ARTIST shall not subcontract any portion of the work required by this
Agreement without the prior written consent of the Mayor and City Commission.
36
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 to CITY's satisfaction 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.
13.8 CONFLICTS
Neither ARTIST nor its employees shall have or hold any continuing or frequently recurring
employment 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 officers 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.
In the event ARTIST is permitted to utilize subcontractors to perform any services required by this
Agreement, ARTIST agrees to prohibit such subcontractors, by written contract, from having any
conflicts within the meaning of this section.
13.9 CONTINGENCY FEE
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.
13.1 0 MATERIALITY AND WAIVER OF BREACH
CITY and ARTIST agree that each requirement, duty, and obligation set forth herein is substantial
and important to the formation of this Agreement and, therefore, is a material term hereof.
CITY's 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 terms of this Agreement.
13.11 COMPLIANCE WITH LAWS
37
ARTIST shall comply with all Federal, State, and local laws, codes, ordinances, rules, and
regulations in performing its duties, responsibilities, and obligations related to this Agreement.
13.12 SEVERANCE
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 CITY 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.
13.13 JOINT PREPARATION
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 judicial construction, be construed more
severely against one of the parties than the other.
13.14 PRIORITY OF PROVISIONS
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.
13.15 APPLICABLE LAW AND VENUE
This Agreement shall be interpreted and construed in accordance with and governed by the laws
of the State of Florida. Venue for litigation concerning this Agreement shall be in Miami Dade
County, Florida.
13.16 AMENDMENTS
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.
13.17 PRIOR AGREEMENTS
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. Accordingly, 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 conditions contained herein shall be effective unless contained in a
written document in accordance with Section 13.16 above.
13.18 MULTIPLE ORIGINALS
38
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.
(13.18 is the final clause)
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature: City of Miami Beach, Florida, signing by and through its City Manager,
authorized to execute same by the City Commission, and ARTIST, duly authorized to execute same.
ATTEST:
City Clerk
Date
CITY:
Mayor
WITNESSES:
Date
ARTIST:
Approved as to Insurance Requirements by RISK MANAGEMENT DIVISION
Date
EXHIBIT A
SCOPE OF SERVICES
PURPOSE: ARTIST will design, fabricate and install artwork(s) for the (name of project and title of
artwork).
LOCATION OF FACILITY: (address of project), Miami Beach, Florida.
ADMINISTRATIVE COORDINATION: The CONTRACT ADMINISTRATOR may designate a public 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(s), the ARTIST shall collaborate and
coordinate with the Contract Administrator or his/her designated public art project coordinator, Consultant,
General Contractor, or any other professional or individual designated by the City. The designs of the
artworks shall be coordinated with the facility design process in the following areas: aesthetics, public
presentations, construction documents, cost estimates and facility project schedules. Should the design
of the artwork require specialized professional services, the ARTIST may hire an appropriate sub-
consultant, however, the City retains the right to reject the choice of sub-consultant. Upon approval of the
artwork design, the ARTIST shall provide all necessary information on a timely basis such that relevant
components of the artwork design can be incorporated into the final construction documents where
appropriate.
CONSTRUCTION AND INSTALLATION COORDINATION: During the construction of the facility and
the installation of the artwork, the ARTIST shall collaborate and coordinate with the Contract
Administrator or his/her designated public art project coordinator, Consultant, General Contractor, or any
other professional or individual designated by the City. The ARTIST shall coordinate the installation of the
artworks with the construction schedule and install the artwork in compliance with the construction
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 included
in construction documents to be fabricated and installed by others.
DELIVERABLES: the ARTIST shall provide the following deliverables:
I-A Research.
39
1. The ARTIST shall provide documentation of background research involving site specific
environmental and cultural elements, site documentation, and future users of the facility.
2. The research phase includes two, two-day, site visits for meetings, an initial orientation
visit, a coordination meeting with the design team, and community representatives and
partner agency presentation meeting(s).
loB Conceotual Desian. 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
titled "(title)," as follows:
1. The ARTIST shall submit drafts of the conceptual design proposal to Art in Public Places
project manager a minimum of one month prior to review by the Professional Advisory
Committee or as otherwise acceptable to the Contract Administrator. The design
proposal may be reviewed by the Miami Beach environmental specialist prior to review by
the Professional Advisory Committee.
2. ARTIST shall provide conceptual design drawings on illustration boards and/or models
and color slides of the same. Ten (10) bound color copies of design drawings and/or
model photographs, concept statements, schematic fabrication and installation budget
with future operational and conservation costs, schematic project schedule, and a
description the integration of the artwork with the facility design and construction.
3. The ARTIST shall personally present the conceptual design proposal to the Professional
Advisory Committee for the project titled "(title)..
4. This phase of work includes a site visit for presentation to the Professional Advisory
Committee and coordination with the design team.
I-C Desian Develooment. 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 inclusion 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 inclusive of all payments to the ARTIST.
3. This phase includes a site visit for coordination and presentation purposes.
l-D Fabrication and Installation. The ARTIST shall fabricate, deliver and install all artwork(s) 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 final approval from the City Manager.
PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall
include images of all major aspects of the entire project. The artist-supplied photo-documentation shall
be reproducible, at no cost to the City, for any and all non-commercial uses by the City.
40
COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: In the development of the artwork
design, the ARTIST shall research the relevant concerns and interests of the partner agency, future users
of the facility and surrounding community. The ARTIST shall participate in at least one community
meeting and two meetings, as determined by the Contract Administrator.
TIMELINE FOR COMPLETION: ARTIST shall be aware of and comply with design and construction
timeline and shall ensure that all artwork components are completed and installed according to the
established schedule (see 3.2).
PERMITS: It shall be the 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
Contact Administrator prior to fabrication.
EXHIBIT B
COMPENSATION AND SCHEDULE OF PAYMENTS
ARTIST will be paid the specified installment, upon submitting invoice and documentation substantiating
satisfactory completion of each phase of work as described below. ARTIST will be paid the total sum of
$(amount), for work that shall include all costs associated with design development and fabrication of
artwork(s), including but not limited to travel and accommodation, taxes and fees if necessary, materials,
labor by sub-consultants and subcontractors, delivery and installation.
Each invoice shall include a written progress report utilizing standard Vendor Invoice form, with a
narrative discussion of all activities in progress during the report period, photo documentation where
appropriate, based upon the stated Scope of Services and payment description. Seven milestone
payments shall be made as follows:
Payment # 1: Not to exceed $_ upon execution of Agreement and interaction with the CONTRACT
ADMINISTRATOR, Architect, and community representatives; site visit and documented background
research relevant to the Project.
Payment #2: Not to exceed $_ upon submittal to 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.
Payment #3: Not to exceed $ upon submission to and acceptance by the CONTRACT
ADMINISTRATOR of required artwork design development deliverables.
Payment #4: Not to exceed $_ upon submission and approval by the CONTRACT
ADMINISTRATOR of final artist proofs and material samples, documentation of field verification of all
dimensions, as appropriate, and photographic documentation demonstrating that the artwork is 50%
fabricated.
Payment #5: Not to exceed $ upon submission and approval by the CONTRACT
ADMINISTRATOR of photographic documentation demonstrating that the artwork is 100% fabricated.
Payment #6: Not to exceed $
upon delivery and installation of the artwork.
Payment #7: Not to exceed $ upon approval of the artwork by the City Manager, completion of all
activities specified in the contract and outlined in Exhibit A - Scope of Services, submittal and acceptance
by the CONTRACT ADMINISTRATOR of documentation for conservation and documentation that all sub-
consultants and subcontractors have been paid.
Payments shall be made as follows:
41
CONTINGENCY RESERVE: ARTIST has agreed to fully perform the Scope of Services set forth in Article
2 for the total compensation set forth in Section 4.1 above. However, unforeseen costs, including but not
limited to construction delays or site changes 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 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. Any additional compensation paid to ARTIST from the contingency reserve shall be
pursuant to written document in accordance with Section 13.16 except that the document may 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.
EXHIBIT C
CATALOGUING FORM
1. Artist Information
A. Name: plus (S5#)
B. Date of Birth:
C. Place of Birth:
D. Address:
E. Contact Phones:
F. One paragraph biography of artist:
II. Work of Art
A.Title:
B. Medium:
C. Dimensions in inches or centimeters:
III. Installation
A. Installation executed by ARTIST.
B. Installation method (attached)
C. Date of Installation (attached)
IV. External Factors
A. Describe physical positioning of the artwork:
B. Describe existing environmental factors that may affect the condition of the artwork:
C. If the work is site-specific, describe the relationship of the work to its site:
EXHIBIT D
CERTIFICATE OF INSURANCE
(last exhibit in artist agreement)
"Last page of Master Plan Guidelines dated March 2004
F:~nfo\$ALL\Jody\AipP\Master PlanlAiPP Guidelines Flnal.doc
42
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lQ
-
Condensed Title:
To adopt the Art in Public Places Five Year Master Plan (04-08) with Guidelines.
Issue:
Should City Commission adopt the Art in Public Places Master Plan and Guidelines to establish a roadmap
with policies and procedures for a public art program.
Item SummarY/Recommendation:
To approve as recommended by the Community Affairs Committee on April 29, 2004 to establish a viable
public art program in fitting with our global image as a tourist destination.
Advisory Board Recommendation:
Approved by the Art in Public Places Committee on September 16, 2003 and April 20, 2004, and the
Community Affairs Committee on April 29, 2004.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
I Max A. Sklar
c
Assistant City Manager
AGENDA ITEM
DATE
R7D
5 -5-0 C;
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~
City Manager U - U
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI
BEACH, FLORIDA, ADOPTING THE ART IN PUBLIC PLACES FIVE YEAR
MASTER PLAN AND GUIDELINES.
Date: May 5, 2004
To:
Subject:
ADMINISTRATION RECOMMENDATION
Approve the recommendation.
BACKGROUND
In September of 2001, the nationally recognized public art consultant, Glenn Weiss, began
working with staff to research funding sources, potential sites and viable projects for public art
to lay a foundation for acquisition practices in keeping with our global image. In November of
2001, the project was introduced to the Mayor, Commission, and City Administration and a
series of four community workshops commenced. Subsequently, in October of 2002, the
master plan was reviewed by the Administration and forwarded to the Community Affairs
Committee for input. The Community Affairs Committee asked the Administration to calculate
the financial impact if the definition of "public facilities" was expanded to include pools, parks,
recreation trails and renovations. The Administration was also asked to present a balance of
the AiPP fund. The Ordinance amendments are presented in a related item in this
Commission Agenda.
The attached reconciliation report reflects $763,246 of revenue for the AiPP fund, which was
derived by applying the AiPP Ordinance to qualified construction projects since inception of the
fund. Of that amount, $711,511 has already been transferred to the fund as of October 2003.
This amount includes $100,000 for the South Pointe Streetscape art project. Originally, this
funding was to come from GO Bond funds. Because the project is within the boundaries of a
Redevelopment Agency (RDA) district, the funding will come from RDA tax increment funds,
and the original GO Bond allocation will be used to fund approximately $51 ,735 in currently un-
transferred AiPP allocations from other GO Bond funded projects.
As noted in the attached reconciliation spreadsheet, there are a number of projects listed
without anticipated funding amounts. Because the AiPP allocation per project is calculated
based on the Architect/Engineering firm's estimate, or the construction contract amount if
available, the AiPP allocation for every project has not yet been calculated. Examples of
projects where the AiPP allocation had not yet been calculated are the Flamingo Park/Property
Management Facility, the Botanical Garden, and South Pointe Park. Additional amounts
received from new construction not yet in design, will be programmed during the City's annual
planning efforts.
As reflected in the attached spreadsheet, the AiPP fund has incurred expenditures totaling
$220,515 from FY 99-00 through FY 02-03. The following is a summary of these expenditures
to date:
Total 99-03 Administration
Total 99-03 New Projects
Total 99-03 Maintenance
TOTAL EXPENDITURES
($120,415)
($89,500)
($10,600)
($220,515)
Under the direction of the Department of Tourism and Cultural Development and pursuant to
the proposed master plan and Ordinance, 25% may be allocated for
maintenance/conservation and 75% will be earmarked as "art dollars" for commission and
acquisition of works of art. Projections indicate the AiPP fund has a total of $542,731 available
over the next four years. The following is a summary of available funds:
Available Funds (04-07)
New Projects
Administration
Balance Left for Maintenance
$542,731
($320,650)
($118,358)
$103,723
The AiPP Guidelines (see attached) outline each step in the public art process from identifying
a project, to selecting an artist, to managing a program that includes a portable and permanent
collection. Many of the recommended procedures have already been incorporated into the
daily practices of our current program. These guidelines include the following policies:
Policy for donation of works of art, monuments, and memorials (adopted 1998)
Policy for plaques and historic markers (adopted 2000)
Policy for selection of projects (drafted 2003)
Managing a percent-for-art program is a worthy endeavor which fosters civic pride and
enriches the experience of the visitor. A successful program requires consistent teamwork
and collaboration. Miami Beach has made great headway in the past few years toward
developing and implementing a public art program. This ongoing commitment is to be
embraced by all departments.
CONCLUSION
The Administration recommends the Mayor and Commission adopt the AiPP Five Year Master
Plan (04-08) with Guidelines to establish a viable public art program in fitting with our global
image as a tourist destination.
JMG/defC/~
T:\AGENDA\2004\May0504\RegularlAiPP Master Plan Memo.doc