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RESOLUTION 92-20477 PP- RESOLUTION NO. 92-20477 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, CHAPTER 4A, ENTITLED "ART IN PUBLIC PLACES" AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARTIST ROBERTO JUAREZ FOR THE COMPLETION OF AN ORIGINAL ART WORK TO BE PLACED IN THE MIAMI BEACH POLICE AND COURT FACILITY; THE COST OF SAID ART WORK SHALL TOTAL $20, 000.00 AND BE PAID IN INSTALLMENTS OF 40% UPON EXECUTION OF THE AGREEMENT AND THE BALANCE UPON PLACEMENT; SAID FUNDS HAVE BEEN ALLOCATED IN ACCORDANCE WITH ORDINANCE NO. 84-2414 AND MUST BE UTILIZED IN ACCORDANCE WITH THE TERMS OF THE ORIGINAL BOND ISSUE. WHEREAS, the City of Miami Beach is now implementing a public art program as set forth in Ordinance No. 84-2414 allocating certain funds for the acquisition of art works for public places and authorizing the Art in Public Places Committee to approve the selection of Artists and make payments for the design, execution and installation of works of art; and WHEREAS, funds for art have been allocated in accordance with Ordinance No. 84-2414 from allocated funds; and procedures duly adopted by the City of Miami Beach; and WHEREAS, the City is authorized to purchase works of art as an allowable activity under the Ordinance; and WHEREAS, the City is desirous of providing funds to enhance and enrich the public environment; and WHEREAS, the Artist was selected by the Committee through procedures duly adopted by the City of Miami Beach; and WHEREAS, the City requires certain services in order to fulfill its obligations under the aforementioned Bond issue; and WHEREAS, the City desires to enter into an Agreement with Roberto Juarez for the purpose of performing those services; and WHEREAS, the City Manager recommends approval of the attached Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute an Agreement with Roberto Juarez for the completion of an original art work to be placed in the Miami Beach Police and Court Facility with the payment for said art work to be funded through Bond Fund # 354 . PASSED and ADOPTED this 18th day of Ma. , 1992 . ATTEST: ity Clerk 6 Ocz, M.yo :Y THE L 'L DEPARTMENT AS TO FO.' : /1 Date ,/pb • ___r.. _-___�r��r+r.+t#n+s,.A...�.,............ _...^_..- .._..rte. �...._. _.._.:�i�a:a:~...�.^..._..�_ ...._... _......._. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION, MEMORANDUM NO. /ey DATE: March 18, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico City Manager SUBJECT: ART IN PUBLIC PLACES - MIAMI BEACH POLICE AND COURT FACILITY. Pursuant to Ordinance No. 84-2414 the City has implemented a public artp rog ram for the acquisition of art works for public places and authorized the Art in Public Places Committee to approve the selection of artists. All appropriations for the original construction of governmental buildings bythe City Commission shall include an amount of art equivalent in value to not less than one and one-half (1-1/2%) per cent of the construction cost of new governmental buildings. It has been determined by the Art in Public Places Committee that several works will be acquired for the Miami Beach Police and Court Facility. These shall include one "major" work of art and four "minor" acquisition of these works does not minor works of art. The q exceed the appropriated amount. The Art in Public Places Committee has reviewed and selected the work of Roberto Juarez, for one of the minor works for the Miami Beach Police and Court Facility. • ADMINISTRATIVE RECOMMENDATION: The Administration recommends that the City Commission approve the attachedp roposed Resolution for the execution of a contract with Roberto Juarez for the completion of an original art work to be placed in the Miami Beach Police and Court Facility with payment of said art work to be funded through Bond Fund # 354 . 86 CBT/MAL/pb AGENDA ITEM, DATE • • AGREEMENT THIS Agreement, is made and entered into this 12th day of June , 1992 , by and between the CITY OF MIAMI BEACH and Roberto Juarez, hereinafter referred to as the "Artist" . WITNESSETH: WHEREAS, The City of Miami Beach is now implementing a public art program as set forth in Ordinance #84-2414 allocating certain funds for the acquisition of art works for public places and authorizing the Art in Public Places Committee to approve the selection of Artists and make payments for the design, execution and installation of works of art; and WHEREAS, funds for art have been allocated in accordance with Ordinance #84-2414 from allocated funds; and procedures duly adopted by the City of Miami Beach; and WHEREAS, the Artist was selected by the Committee through procedures duly adopted by the City of Miami Beach; and WHEREAS, both parties wish the integrity and clarity of the Artist ' s ideas in the work of art to be maintained; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties agree as follows: DEFINITIONS Words and Terms The words and terms as used in this Agreement shall have the following meanings unless some other meaning is plainly and clearly set forth. Architects "Architects" means the architects contracted by the City of Miami Beach to design (the Miami Beach Police and Court Facility) . Artist "Artist" or "contractor" means Roberto Juarez . City "City" means City of Miami Beach, Florida. r i Committee "Committee" means the City of Miami Beach Art in Public Places Committee. Staff Liaison "Staff Liaison" means the Liaison to the (City of Miami Beach) Art in Public Places Program. Subcontractor "Subcontractor" means any entity retained by "Artist" for activities other than the creative and Artistic portions of the work. Project "Project" means the artwork for the Miami Beach Police and Court Facility. Article I Compensation 1. 1 Fees The City of Miami Beach shall pay the Artist a fixed fee of $20, 000 . 00 for the preparation and completion of the original work of art, which shall include all fees and travel expenses. 1.2 Method of Payment The City of Miami Beach shall pay the Artist the fixed fee for original work of art in the following installments: (a) 40% after execution of this Agreement and invoice by the Artist; and (b) 60% upon completion and installation of the work of art in the Miami Beach Police and Court Facility. Article II General Conditions 2 . 1 Ownership of Documents Upon completion of the work, all designs and other data, including the model, developed by the Artist and submitted to 2 the Committee for the purpose of this Agreement, shall become the property of the City of Miami Beach. 2 .2 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" . 2 . 3 Terminat ion 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: (a) an equitable adjustment in the fee (without allowance for an anticipated profit on unperformed services) in which event the City of Miami Bch 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 (b) the possession of all 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. 3 2 . 4 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. 2 .5 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 $20, 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. Accordingly, and notwithstanding any other term or condition g of this Agreement, Artist hereby agrees that the City shall not be liable to Artist for damages in an amount in excess of $20, 000 which amount shall be reduced by the amount actually 4 % 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. 2 . 6 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 Committee. 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 12th day of June , 1992 . ATTEST: CITY CLERK CITY OF MIAMI BEACH BY: �t A ( t ,- cW - BY: diz fie- MAYOR WITNESSES: WIT: /--- ,, /, A , /,,i _- / 0 - (- y -- Thi UG -- q 1/- ---' ( ,, _ , r ( ‘ - ( ' / ) I / k ROBER F• JUAREZ / /,i , ___) , ,,, / w te. (,/,/, PP,'OLD :Y THE LEGAL DEPARTMENT AS TO FORM: \\\ ik..„i i1 il ilk . \ ^7, (1 I (‘21-2 Date MAL/pb m/2 5 Pr ORIGINAL RESuLUTIu�N NO. 92-204 7 7 0 7'ursuant to the Code of the City of Miami4mmlimmimm w ',jeach, Florida, Chapter 4A, entitled "Art ft Public Places" authorizing the Mayor and City Clerk to execute an agreement with artist Roberto Juarez for the completion of an original art work to be placed in the Miami Beach Police and Court Facility; the cost of said art work shall total $20,000.00 and be paid in installments of 40% upon execution of the agreement and the balance upon placement; said funds have been allocated in accordance with Ordinance No. 84-2414 and must be utilized in accordance with the terms of the original bond issue.