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2001-24670 Reso RESOLUTION NO. 2001-24670 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR THE NORTH SHORE PARK YOUTH CENTER, AS RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITTEE; APPROVING THE ISSUANCE OF AN AGREEMENT WITH THE ARTIST CONNIE LLOVERASj AND APPROPRIATING AND TRANSFERRING FUNDS, IN AN AMOUNT OF UP TO $76,000, AT THE TIME OF AWARD OF THE CONSTRUCTION CONTRACT, FOR THE YOUTH CENTER PROJECT, FROM THE PARKS BOND FUND AND THE GENERAL OBLIGATION BOND PROGRAM FUNDS, TO THE ART IN PUBLIC PLACES FUND NO. 147. WHEREAS, the construction of a new Youth Center building at the North Shore Park (the Project) requires that one and a half percent (1 '12%) of the construction cost for the Projeet be appropriated to the City's Art in Public Places Fund; and WHEREAS, the Art in Public Places Committee has identified the Project as one which would be enhanced by a public art commission; and WHEREAS, five artists were invited to submit design proposals for the entryways and common area which would visually enhance the North Beach community and serve as an important public art component for the Project; and WHEREAS, as required by Chapter 82, Article VII, Sees. 82-536-612 of the City Code, which provides for the establishment of Art in Public Places, the Art in Public Places Committee, joined by an ad hoc advisory committee, selected the design proposal entitled "Circle" by the artist, Connie L1overas, for the Project; and WHEREAS, upon approval of the Committee's recommendation by the Mayor and City Commission, and appropriation of up to $76,000, to the Art in Public Places Fund, a contract will be issued to the artist, Connie L1overas; and WHEREAS, the Administration recommends that the Mayor and City Commission accept the Art in Public Places Committee's recommendation; approve the issuance of a contract with the artist; and appropriate and transfer funds, in the amount of up to $76,000, from the Parks Bond Fund and the General Obligation Bond Program funds, to Art in Public Places Fund No. 147. 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 herein approve the selection of a public art commission for the North Shore Park Youth Center, as recommended by the Art in Public Places Committee; approve the issuance of an Agreement with the artist Connie Lloveras; and appropriate and transfer funds, in the amount of up to $76,000, at the time of award of the construction contract, from the Parks Bond Fund and the General Obligation Bond Program funds, to the Art in Public Places Fund No. 147. PASSED and ADOPTED this 28th ATTEST: ~~r~ CITY CLERK T:\AGENDA\2001\nov2801\CONSENT\AiPP North Shore reso.doc APPROVED ~ TO FORM & LANGUAGE &fOREXECUTlON I&y ~ JH'}-D I Clfy ~ btdo CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami.beach.fl.us COMMISSION MEMORANDUM TO: FROM: Mayor David Dermer and DATE: November 28, 2001 Members of the City Commission Jorge M. Gonzalez 11 . ~ City Manager U J./v 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR THE NORTH SHORE PARK YOUTH CENTER, AS RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITTEE; APPROVING THE EXECUTION OF AN AGREEMENT WITH THE ARTIST; AND APPROPRIATING AND TRANSFERRING FUNDS IN THE AMOUNT OF UP TO $76,000, AT THE TIME OF AWARDING THE CONSTRUCTION CONTRACT, FROM THE PARKS BOND FUNDS AND THE GENERAL OBLIGATION BOND PROGRAM FUNDS, TO THE ART IN PUBLIC PLACES FUND NO. 147. SUBJECT: ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: The construction of a new youth center at North Shore Park requires a contribution of one and a half percent (1 %%) of construction costs to the Art in Public Places fund. The Art in Public Places Committee has identified the North Shore Park Youth Center as an appropriate location for a public art commission. Accordingly, it is recommended that funding in the amount of up to $76,000, be appropriated from the Parks Bond and General Obligation Program Bond funds allocations to Art in Public Places Fund No. 147, for the acquisition of a public art commission for this site. In September of 2000, Bermello Ajamil & Partners, the North Shore Park Youth Center project developer, made a presentation to the Art in Public Places Committee. The Art in Public Places Committee approved the site for a public art project and a "Call to Artists" was conducted. The Art in Public Places Committee invited representatives from the Parks and Recreation Facilities Board, the North Beach Youth Center Oversight Committee, the General Bond Obligations Oversight Committee, the North Beach Development Corporation, the City Planning and Economic Development departments, and the Project Architect, to assist in the selection of a design proposal. I I AGENDA ITEM C 7 i) DATE //~8'-t)/ Out of thirty-three submissions, five artists were selected based on their portfolios and experience with community art projects. These five artists were invited to submit design proposals for the common area and entryways of the North Shore Park Youth Center construction project and each was paid a design fee of $1 000 from the Art in Public Places Fund No. 147. On December 19, 2000, a final selection committee meeting was held and the five artists presented their public art proposals which included schematics and models. The design proposal titled "Circle", by Connie L10veras (Exhibit "A") was selected. On January 24, 2001, the design proposal was approved by the North Shore Youth Center Oversight Committee. On March 5th, 2001, the "Circle" design proposal was approved by the General Obligation Bond Oversight Committee. On November 20, 2001, the design proposal was approved by the Design Review Board. The "Circle" design proposal will visually enhance the North Beach community and serve as an important public art component at the North Shore Park Youth Center. The artist proposes to conduct North Beach neighborhood community workshops to produce handmade clay tiles in a sports motif of earth tones to create a ceramic mural on the common area wall and adorn the walkways. The implementation of this design will serve as an introduction to the idea of public art and create a sense of its relevance and importance to the interaction that will take place between the work of art and its viewers. The Administration recommends that the City Commission approve the "Circle" design proposal (Exhibit "A"), as recommended by the Art in Public Places Committee, the execution of an agreement with the artist Connie L1overas, and the appropriation and transfer of funds in the amount of up to $76,000, from the Parks Bond fund and the General Obligation Bond fund to the Art in Public Places Fund No. 147. JMG:dM.t&':P~:KS:J~JH:jV T,IAGENOA""''''701\CONSENlIAFl'""" ~.... OR\G\~fl.\. AGREEMENT between CITY OF MIAMI BEACH. FLORIDA and CONNIE LLOVERAS for COMMISSIONED ARTWORK , \ \ \; AGREEMENT between CITY OF MIAMI BEACH, FLORIDA and CONNIE LLOVERAS for COMMISSIONED ARlWORK This is an Agreement, made and entered into this _ day of , 2002, by and between: CITY OF MIAMI BEACH, a political subdivision of the state of Florida, hereinafter referred to as "CITY"; AND CONNIE LLOVERAS, 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. -2- 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 - North Shore Park & Youth Center Public Plaza Project titled "Circle." 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 "A" 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, materials, equipment, and tasks as necessary and required to design, build, and complete the Work, as contemplated by this Agreement. -3- 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 "C" 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 ofthis 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 -4- 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 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. -5- 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 ARTIST'S 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 ofthe Work, as accepted by the City, shall be completed within 480 days from the date of Notice to Proceed, and no later than thirty (30) days before the opening ceremony or public access to the site. 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 ofthe 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. 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. -6- 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 Seventy Six Thousand Dollars ($76,000) 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 North Shore Park & Youth Center construction budget to provide for unforeseen costs, including but not limited to, construction delays or site changes. 4.2.4 Notwithstanding any provision ofthis Agreement to the contrary, CITY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on -7- account of inadequate or defective work that has not been remedied or resolved in a manner satisfactory to Contract Administrator. Payment snail be made to ARTIST at: Connie L10veras 8800 Old Cutler Road Miami, FL 33156 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. 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 ofthis Agreement. -8- 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 properly 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 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. 9106A(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. 91 06A(a) , Visual Artists Rights Act of 1990, or by any other operation of law. -9- 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 either 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. -10- 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 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 "0," 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. -11- 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 ofthe 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. 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. -12- 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- 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 is 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 -14- 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: James Quinlan Director, Office of Arts, Culture & Entertainment City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 FOR ARTIST: Connie L10veras 8800 Old Cutler Road Miami, FL 33156 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. 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. -15- 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. 13.10 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 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. -16- 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 -17- 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 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. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK -18- 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: ~rp~ By ayor ;). f day of Jk~ +, 2002. t/~ ARTIST: BY~ .'<-D!I Connie L10veras WITNESSES: ~ 3 day of Iftr/I ,2002. Approved as to Insurance Requirements by RISK MANAGEMENT DIVISION APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION B~ ~ ~-If.:}y tr--Dafe -19- EXHIBIT "An SCOPE OF SERVICES PURPOSE: ARTIST will design, fabricate and install artwork(s) for the North Shore Park & Youth Center Public Plaza Artwork titled "Circle." LOCATION OF FACILITY: North Shore Park Youth Center, at 501 nnd Street, 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 ofthe 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 ofthe 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. DELlVERABLES: the ARTIST shall provide the following deliverables: I-A Research. 1. The ARTIST shall provide documentation of background research involving site specific environmental and cultural elements, site documentation, and future users of the facility. -20- 2. The research phase includes two, two-day, site visits for meetings, including an initial orientation visit, a coordination meeting with the design team, and community representatives and partner agency presentation meeting(s). I-B Conceptual Desion. 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 "Circle," 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 "Circle." 4. This phase of work includes a site visit for presentation to the Professional Advisory Committee and coordination with the design team. I-C Desion Development. The ARTIST shall complete the design development of the approved artwork conceptual design and shall secure its approval from the CONTRACT ADMINISTRATOR. Approval and notice to proceed on fabrication shall occur after an architectural coordination review and submittal of all artwork design development deliverables. Based on the requirements of the approved artwork conceptual design, the CONTRACT ADMINISTRATOR can waive the submittal of any unnecessary design development deliverables or postpone the submittal to the fabrication and installation phase. 1. The ARTIST shall submit final design drawings for fabrication, artist proofs, material samples, artwork and artwork support specifications for inclusion in facility construction documents, verified cost estimate, sub-contractor list, building permits, and a fabrication and installation schedule. -21- 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. I-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. 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 ofthe 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. -22- 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 $76,000 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 $38,000 upon execution of Agreement and interaction with the CONTRACT ADMINISTRATOR, Architect, and community representatives; sitevisit and documented background research relevant to the Project. Payment #2: Not to exceed $38,000 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. 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. -23- .---- 1"6 I- I I I I I I I I I I I I I I I I I .---- z :2 < > .u ...J .u J: :> :> :n ::Ii :> :ii < Z ::Ii >- :" ...J <i!'r :II'- -.' .u~ ..:- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ! 6 : i. i I ; 't) :f <JI <f ~ III :> () J J '- '- o II 0.... ~~ ~ :f ':l d~ t. ...""" ~ ~ ;t-~ \S a <l.. ~1 " 01 \i .... - uJ\J~ :2 L 3 ~ J: ~ J,. 1) ~ oiL '" o \... ~-t l.. n.. II i I EXHIBIT C Catalog # CITY OF MIAMI BEACH ART IN PUBLIC PLACES CATALOGING FORM 1. Artist Information A. Name: CONNIE LLOVERAS (S5#262-51-8786) B. Date of Birth: 1958 C. Place of Birth: Havana, Cuba D. Address: 8800 Old Cutler Road Miami, FL 33156 E. Contact Phones: Home: 305-662-2480 Fax: 305-666-5417 Cell: 305-989-7091 F. One paragraph biography of artist: Connie L10veras is a highly recognized sculptor, ceramist, and painter known for her visceral and visual language of personal and universal signs and symbols. She graduated rom FlU with a BFA in 1981. Her numerous public art \I\Orks have been commissioned and collected by museums and institutions in Florida, Washington, Pennsylvania, New Jersey, and in Spain. II. Work of Art A. Title: CIRCLE B. Medium: CERAMIC TILES (900 units) C. Dimensions in inches or centimeters: 12" (H) x 12" (W) -24- CoNN' E. LLo"EeAS '''~\-cl €.. 'I FROM Panasonic FAX SYSTEM PHONE NO. Feb. 02 2000 09:39AM P3 After reviewing the architectural plans for North Beach Park and Youth Center. I was drawn to a large 31' foot by 28' wall. I am pmposing a handmade clay tilc mural as well as 60 handmade tiles that will be placed throughout the walkways. The large clay mural will be comprised of 868 sl~b rolled tiles each measuring approximalely 12" x 12". The mural is divided into two main areas, The top pOltion measuring 5' x. 28' contains seven etched tigures that recall action p(,l~es fn)m different sports such as tennis. basketball. baseball, football, and soccer. They are gestural sketches that are carved out to resemble action poses, They make reference to the games that bring people to the North Beach Youth Center. The bottom portion (,If the mural measuring 23' x 31' contains a monument.'ll circle comprised of squares each containing an etched ball. These sections will be left in earth tones of ochres and browns. I intend to hold workshops where I will transport the handmade tiles to the destinated sites where thc events will be held. The wet clay will be moved on solid wood doors. Participants will earve outlines of the different balls that will be frequently used at the park as II source of recreation, This draws on the idea that these games or sports arc a source for hringing together people in the surrounding neighborhood. It is an area populatcd by many different nationalities. The actual evenu; or workshops document a coming together of this diverse group, And by placing these individually marked tiles next to each other to form this sphere or fill the interior of this cirele we are making a statement of unity among the community. The tiles placed throughout the walkway serve as an invitation to the actual mural. They document the actions that look place before the final installation of the art work The mural is celebratory and inclusive by its very nature. The mural when seen at a distance contains a huge circle which conjures up different associations. A circle brings to mind our world, elU1h, basketball, baseball, life, unity, and a series of other connotations that eaeh individual has in relationship to the shape. As the viewer steps up closer LO the mural, its monumental size will create a sense of awe because of its overwhelming siw. Yet, on close examination the circle reveals that it is made up of individual markings on each of the tiles that it contains. This initiates a more intimate and personal dialogue between the artwork and the viewer. Each tile regardless of whether they are depicting the same kind of ball will be unique and different, in the same way that each person that created the marking is unique and ditferent. This makes reference to the beauty in the diversity that makes up our world. It is my int.ention that this mural stand as a shorthand evocation of human history of sorts. Through the workshops and by exposing the people that will be participating on the project to 111Y idea, I hope LO establish a sense of peace and unity among the surrounding community. It will servc as an introduction to the idea of public art and create a sense of its relevance and importance to the interaction that will take place bet\veen the work of art and its viewers. By physically involving the participants in the project, I hope to create a sense of pride and ownership of the mural that will become a permanent part of their residential area. C1TY OF MIAMI BEACH 1700 Convention Center Drive. Miami Beach, FL 33139 Art in Public Places Committee Telephone (305) 673-7577 Facsimile (305) 673-7063 NORTH SHORE PARK&. YOUTH CENTER Public Art Project Project To enhance the entry walkways and/or common area of the North Shore Park & Youth Center with a with an public art component that will integrate with the architectural plan for the new construction located from Dickens to Harding Avenue and from 12nd to 73rd Streets in North Beach. Project Sponsor Oty of Miami Beach Project Consultant Bermello, Ajamll & Partners Design Proposals Carlos Alves, Romero Britto, Robert Huff, Connie Uoveras, and Charo Oquet Budget $76,000 Funding General Obligation Bond Program Design Fee $5,000 (AIPP paid $1000 each to 5 artists) Art In Public Places Committee (AIPP) Amy Cappellazzo, Ann Lee Jaffe, Pola Reydburd, Debra Scholl, ArI Sklar, and Merle Weiss Professional Advisory COmmittee (PAC) Reuben Caldwell, Planning Department Joyce Meyers, North Shore Oversight Committee Odalys Mons, Parks Bond Committee Rai Fernandez, Bermelli AJamil & Partners Joe Fontana, North Shore Oversight Committee Nina Weber Worth, Parks Advisory Board Marty Hyman, NBDC & GO Bond Oversight Committee Selected Design Connie L10veras Process Time Une September 2000 October 30, 2000 December 19,200 January 24, 2001 March 5, 2001 March 14, 2001 September 14, 2001 November 20, 2001 November 28, 2001 March 18, 2002 Developer/Parks presentation to AiPP Call to Artist (mail, email, website) PAC review of 12 artists from 34 portfolios PAC review of 5 design proposals PAC selection of L10veras design proposal North Shore Oversight Committee approval GO Bond Oversight Committee approval Draft for Oty Commission recommendation Planning Department Review Design Review Board Approval Commission Approval Ground Breaking Ceremony/Project Notice to Proceed \ copy RESOLUTION NO. 2001-24670 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, APPROVING THE SELECTION OF A PUBLIC ART COMMISSION FOR THE NORTH SHORE PARK YOUTH CENTER, AS RECOMMENDED BY THE ART IN PUBLIC PLACES COMMITI'EE; APPROVING THE ISSUANCE OF AN AGREEMENT WITH THE ARTIST CONNIE LLOVERAS; AND APPROPRIATING AND TRANSFERRING FUNDS, IN AN AMOUNT OF UP TO $76,000, AT THE TIME OF AWARD OF THE CONSTRUCTION CONTRACT, FOR THE YOUTH CENTER PROJECT, FROM THE PARKS BOND FUND AND THE GENERAL OBLIGATION BOND PROGRAM FUNDS, TO THE ART IN PUBLIC PLACES FUND NO. 147. WHEREAS, the construction of a new Youth Center building at the North Shore Park (the Project) requires that one and a half percent (11/2 %) of the construction cost for the Project be appropriated to the City's Art in Public Places Fund; and WHEREAS, the Art in Public Places Committee bas identified the Project as one which would be enhllnced by a public art commission; and WHEREAS, five artists were invited to submit design proposals for the emryways and common area which would visually enhance the North Beach community and serve as an important public art component for the Project; and WHEREAS, as required by Chapter 82, Article vn, Sees. 82-536-612 of the City Code, which provides for the establishment of Art in Public Places, the Art in Public Places Committee, joined by an ad hoc advisory committee, selected the design proposal entitled .Circle" by the artist, Connie Lloveras, for the Project; and WHEREAS, upon approval of the Committee's recommendation by the Mayor and City Commission, and appropriation of up to $76,000, to the Art in Public Places Fund, a contract will be issued to the artist, Connie Lloveras; and WHEREAS, the Administration recommends that the Mayor and City Commission accept the Art in Public Places Committee's recommendation; approve the issuance of a contract with the artist; and appropriate and transfer funds, in the amount of up to $76,000, from the Parks Bond Fund and the General Obligation Bond Program funds, to Art in Public Places Fund No. 147. . ...., 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 herein approve the selection of a public art commission for the North Shore Park Youth Center, as recommended by the Art in Public Places Committee; approve the issuance of an Agreement with the artist Connie Lloveras; and appropriate and transfer funds, in the amount of up to $76,000, at the time of award of the construction contract, from the Parks Bond Fund and the General Obligation Bond Program funds, to the Art in Public Places Fund No. 147. PASSED and ADOPTED this 28th day of NoVlll e AlTEST: ~~p~ CITY CLERK T:\AGENDA\2001\nov2801\CONSENT\AiPP North Shore reso.doc APPROVED ~ TO FORM & I.ANGUAGE & fOR EXECUTION III. Installation A. Installation executed by ARTIST. B. Installation method (to be determin ) C. Date of Installation (to be determine ) IV. External Factors A. Describe physical positioning of the artwork: (See attached) B. Describe existing environmental fac ors that may affect the condition of the artwork: Normal seaside conditio s should have little effect on work; ceramic tile virtually imp rvious to these conditions. C. If the work is site-specific, describe he relationship of the work to its site: (See attached) V. Maintenance (attach schedule of main enance for specific items: light bulb, electronics etc). To be provided by A TIST upon completion of project per article 2.5. ~ -(~< cb ~ /I .'.(! 23r 2....00 2. Connie L10veras Date -25- . ~ I CITY OF MIAMI BEACH City Hall Interoffice Memorandum m Date: March 15,2002 For: Jorge M Gonzalez, City Manager Via: Christina M Cuervo, Assistant City Manager Tim Hemstreet, Special Assistant to the City Managerllnte . From: fames Quinlan, Director, Office of Arts, Culture & Entertainment Subject: Art in Public Places North Shore Park & Youth Center Public Plaza Artist Agreement Attached please find the AiPP Artist Agreement for the North Shore Park & Youth Center "Circle" project. This is the second of two public art commission agreements which require the City Manager's signature. This agreement mirrors the basic language of the first AiPP agreement for the South Pointe Streetscape "Corona del Mar" project. The construction project ~ound breaking ceremony and "Notice to Proceed" are scheduled for Monday, March 18 . Background documentation includes: color depiction and editorial description of the project project history commission memo/reso dated 11/28/01 Your assistance with getting this expedited would be greatly appreciated. Thank you. '/ "\ 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 herein approve the selection of a public art commission for the North Shore Park Youth Center, as recommended by the Art in Public Places Committee; approve the issuance of an Agreement with the artist Connie Lloveras; and appropriate and transfer funds, in the amount of up to $76,000, at the time of award of the construction contract, from the Parks Bond Fund and the General Obligation Bond Program funds, to the Art in Public Places Fund No. 147. '1 PASSED and ADOPTED this 28th ATTEST: ~~9~ CITY CLERK T:\AGENDA \2001 \nov280 1 \CONSENT\AiPP North Shore reso.doc APPROVED p.s TO . FORM & lANGUAGE & FOR execuTION IllY ~ J l-ll}~O I C'1ly ~ Dst.