2003-25375 Reso
RESOLUTION NO.
2003-25375
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROPRIATING AND
AUTHORIZING THE USE OF ADDITIONAL FUNDING IN THE AMOUNT
OF $27,650.00 FROM ART IN PUBLIC PLACES FUND NO. 147 TO
COMPLETE THE PUBLIC ART COMMISSION FOR THE NORTH SHORE
PARK YOUTH CENTER ENTITLED "CIRCLE".
WHEREAS, on November 28, 2001, the City Commission adopted Resolution No.2001-24670, which
appropriated and approved funding in the amount of up to $76,000.00 from the Parks Bond fund and General
Obligation Bond fund allocations to the Art in Public Places Fund No. 147; and
WHEREAS, in April of 2002, $38,000.00 was paid to the Artist upon execution of an agreement with
the City in order to begin the workshops and to cover cost of materials with a balance of up to $38,000.00 to
be paid upon completion of the project; and
WHEREAS, in April of 2003 the tiles were completed, however, the Artist did not have the necessary
licenses, qualifications and permits required for installation, and as such, the Administration determined that it
would be in the City's best interest (and that of the project) to proceed with a Job Order Contractor (JOC) to
complete the tile installation; and
WHEREAS, the CIP Office secured the services of Carivon Construction through the JOC process
and determined that an additional $31,940.00 (including installation, JOC fees, CIP fees, and a 15%
contingency) is needed to complete the tile installation.; and
WHEREAS, the City and the Artist have agreed to decrease the remaining balance of up to
$38,000.00 by $4,290.00, leaving up to $33,710.00 due to the Artist upon completion; and
WHEREAS, the $4,290.00 is the amount the Artist has certified to the City was originally budgeted for
installation by the Artist and will be used to fund the installation of the tiles, leaving a balance of $27,650.00
that needs to be appropriated to complete the installation; and
WHEREAS, the Administration recommends the City Commission appropriate funding in the amount
of $27,650.00 from Art in Public Places Fund 147, for additional expenditures required to complete the "Circle"
installation.
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 appropriation and
authorization of the use of additional funding in the amount of $27,650.00 from Art in Public Places Fund No.
147 to complete the public art commission for the North Sh re Park Youth Center entitled "Circle."
PASSED and ADOPTED this 15th
,2003
ATTEST:
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CITY CLERKw'
Reso.doc
T:\AGENDA\2003\oct1503\consent\AiPPCircle
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
A Resolution appropriating and authorizing the use of additional funding in the amount of $27,650.00 from Art
in Public Places Fund No. 147 to complete the public art commission for the North Shore Park Youth Center
entitled "Circle".
Issue:
Should the City Commission appropriate and authorize the use of additional funds in the amount of
$27,650.00 to complete the public art commission for the North Shore Youth Center entitled "Cirlce"?
Item Summary/Recommendation:
On November 28,2001, the City Commission adopted Resolution No.2001-24670, which appropriated and
approved funding in the amount of up to $76,000.00 from the Parks Bond fund and General Obligation
Bond fund allocations to the Art in Public Places Fund No. 147. In April of 2002, the City entered into a
contract with the Artist. The Artist's contract includes requirements for coordination of construction and
installation involving the City, the North Shore Park Youth Center contractor, and the Artist. The tiles were
completed in April and the Artist was prepared for installation in May of 2003. However, the Artist did not
have the necessary licenses, qualifications and permits required for installation, Based upon several
meetings with the Artist it became clear that the Artist would not be able to obtain the necessary licenses,
qualifications and permits as she is not a licensed contractor and is unfamiliar with construction law and
requirements of the Florida Building Code. As such, the Administration determined that it would be in the
City's best interest, and that of the project, to proceed with a Job Order Contractor (JOC) to complete the
tile installation.
The CIP Office secured the services of Carivon Construction through the JOC process and determined that
an additional $31,940.00 is needed to complete the tile installation. The City and the Artist have agreed to
decrease the remaining balance of up to $38,000.00 by $4,290.00, leaving up to $33,710.00 due to the Artist
upon completion. The $4,290.00 is the amount the Artist has certified to the City was originally budgeted for
installation by the Artist. The $4,290.00 will be used to fund the installation of the tiles, leaving a balance of
$27,650.00 that needs to be appropriated to complete the installation. The Administration recommends the
City Commission appropriate funding in the amount of $27,650.00 from Art in Public Places Fund 147, for
additional exoenditures required to comDlete the "Circle" installation.
Financial Information:
Source of Amount Account Approved
Funds: 1 27,650.00 Art in Public Places Fund No. 147
{~J 2
3
.. 4
Total
Ci Clerk's Office Le islative Trackin :
Tourism and Cultural Development Department - Donna Shaw
n-Qffs:
Department Director
AGENDAITEM (!/l a.
DATE 1~-/5"-t)3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and
Members of the City Commission
FROM: Jorge M. Gonzalez ~ ~
City Manager opVv 0
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROPRIATING AND AUTHORIZING THE USE
OF ADDITIONAL FUNDING IN THE AMOUNT OF $27,650.00 FROM ART IN
PUBLIC PLACES FUND NO. 147 TO COMPLETE THE PUBLIC ART
COMMISSION FOR THE NORTH SHORE PARK YOUTH CENTER ENTITLED
"CIRCLE" .
DATE: October 15, 2003
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
FUNDING:
$27,650.00 from Art in Public Places Fund No. 147
ANALYSIS:
The new construction of the North Shore Park Youth Center required a contribution of one
and a half percent (1 %%) of the construction costs to the Art in Public Places (AiPP) fund.
In September of 2000, Bermello Ajamil & Partners, the project architect, made a
presentation to the AiPP Committee, and the site was approved for a public art project.
Later that year, a "Call to Artists" was conducted, and a Professional Advisory Committee
(PAC) was formed, which included representatives from the Parks and Recreation
Facilities Board, the North Beach Youth Center Oversight Committee, the General
Obligations Bond Oversight Committee, the North Beach Development Corporation, the
City Planning and Economic Development departments, and the Project Architect. Out of
33 submissions, five artists were short listed and paid an honorarium of $1 ,000.00 each to
develop a design proposal.
On December 19, 2000, the PAC selected the design proposal titled "Circle" by the Artist
Connie L10veras ("Artist"). On January 24,2001, "Circle" was approved by the North Shore
Youth Center Oversight Committee; on March 5, 2001, "Circle" was approved by the
General Obligation Bond Oversight Committee; and on November 20, 2001, "Circle" was
approved by the Design Review Board.
City Commission Memorandum
September 10, 2003
North Shore Park Youth Center AiPP
Page 2 of 3
The Artist conducted seven workshops in North Beach and has produced 900 handmade
clay tiles in a sports motif of earth tones which will create the ceramic mural on the
common area wall of the main building facing west (Exhibit "A"). The implementation of
this design will serve as an introduction to the idea of public art in creating a sense of
ownership, relevance and importance due to the interaction that has taken place and will
continue to take place between the work of art and its viewers. 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.
On November 28, 2001, the City Commission adopted Resolution No.2001-24670, which
appropriated and approved funding in the amount of up to $76,000.00 from the Parks Bond
fund and General Obligation Bond fund allocations to the Art in Public Places Fund No.
147. I n April of 2002, the City entered into a contract with the Artist, which stipulated that
the Artist had 480 days to complete the installation. $38,000.00 was paid to the Artist upon
execution of the agreement in order to begin the workshops and to cover cost of materials.
A balance of up to $38,000.00 is to be paid upon completion of the project.
The Artist began implementation of her designs by scheduling summer workshops and
video documentation with the children of the North Shore recreational programs and
production of the tiles began in the fall. The Artist's contract includes requirements for
coordination of construction and installation involving the City, the North Shore Park Youth
Center contractor, and the Artist. The tiles were completed in April and the Artist was
prepared for installation in May of 2003. However, the Artist did not have the necessary
licenses, qualifications and permits required for installation. Based upon several meetings
with the Artist it became clear that the Artist would not be able to obtain the necessary
licenses, qualifications and permits as she is not a licensed contractor and is unfamiliar
with construction law and requirements of the Florida Building Code. As such, the
Administration determined that it would be in the City's best interest, and that of the project,
to proceed with a Job Order Contractor (JOC) to complete the tile installation.
The CIP Office secured the services of Carivon Construction through the JOC process and
determined that an additional $31,940.00 is needed to complete the tile installation. This
includes installation, JOC fees, CIP fees, and a 15% contingency. The Artist had not
factored these additional costs into the original budget proposal and the completion of the
"Circle" installation has been delayed. The City and the Artist have agreed to decrease the
remaining balance of up to $38,000.00 by $4,290.00, leaving up to $33,710.00 due to the
Artist upon completion. The $4,290.00 is the amount the Artist has certified to the City was
originally budgeted for installation by the Artist.
The $4,290.00 will be used to fund the installation of the tiles, leaving a balance of
$27,650.00 that needs to be appropriated to complete the installation. By contract, the
Artist is still required to supervise installation and provide the original maquette and the
final conservation documents of the project, to be catalogued in the City's public art
collection.
City Commission Memorandum
September 10, 2003
North Shore Park Youth Center AiPP
Page 3 of 3
Finally, due to the circumstances described above, it is recommended that the
administration of the Artist's agreement be transferred from the Department of Tourism and
Cultural Development to the Capital Improvements Projects (CIP) Office in order to
complete the public art installation within the time frame of the completion of the North
Shore Park Youth Center. In order to avoid similar construction issues and artwork
installation coordination in the future, AiPP guidelines have been drafted which will include
construction and AiPP artwork installation coordination. This matter was reviewed and
approved by the Art in Public Places Committee at their September 16, 2003 meeting.
CONCLUSION:
The Administration recommends the City Commission appropriate funding in the amount of
$27,650.00 from Art in Public Places Fund 147, for additional expenditures required to
complete the "Circle" installation.
JMG/Cmb'IDS/MAS/jV
T:\AGENDA\2003\oct1503\consentlAiPP Circle Memo.doc
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