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