HomeMy WebLinkAboutAgreement with Iñigo Manglano-Ovalle
AGreement between
City of Miami Beach. Florida and IniGO ManGlano-Ovalle. Artist.
For Commissioned Artwork at South Pointe Park
This Agreement is made and entered into by and between: CITY OF MIAMI BEACH, a Florida
municipal corporation (CITY), and II\lIGO MANGLANO-OVALLE, an individual,<~RTIST).
WHEREAS, CITY, with the support and cooperation of the Cit:y~~~li~i Beach Art in Public Places,
plan's to install a unique and original work of art (also referred to herei.~~;~~;." . rtwork) at South Pointe Park,
located at 1 South Pointe Drive, Miami Beach, Florida (hereafter r!:~~(r >'~Jhe Site); and
WHEREAS, pursuant to this Agreement, ARTIST will~~t~said UniqU~;;~~;Wiginal work of art; and
WHEREAS, both parties wish to be represent~'.~~;:said work of art.
NOW THEREFORE, IN CONSIDERATION<8'.. mutualt~e., conditions, pr~ffljses, covenants
and payments hereinafter set forth, CITY and ARTIST age ;;.; f~~~i~" .
':'<~RTICLE 1 ,<<;
DEFINmO~S:A:N~JDENTIFICA~~~S
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The definitions and identifications set~J~~ b~I~~:i~~~1~~~,~med~~~~true and correct and are agreed
upon by the parties. ., .< >". · ."
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1.3
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Agreement. Th.i~;document,"
and documen~ftijat are expr
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other tef:.li.~'~nd conditions'which may be included in the exhibits
..' incorporatq,by reference, as well as any amendments thereto.
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A..thitect.F.f~t9r~aves~s9fiates, 180 Va rick Street, New York, New York 10014. The Architect has
been retained byt~~City,putSuant to City Request for Qualifications (RFQ) No. 39-03/04, to provide
professional servicE!$with re$p~c:t to architecture, landscape architecture, engineering, and
construction administt;~~ion serVi~ needed to complete the planning, construction design, and
construction of the S6~~tl Pointe Park Improvement Project. For purposes of the Agreement,
Archltec:t~hall be them~ividual designated by the City who, in conjunction with the Contract
Admini$t~t?r' shall al~q:~rve as the City's authorized representative with respect to certain reviews
and approv~l~,.as re.~t~ed by the City in this Agreement, including, without limitation, the design and
permitting of~~~< " and coordination of the Work with respect the City's South Pointe Park
Project. Archite' ' ervices to City, with respect to the Project, are attached as Exhibit A-1 hereto.
1.4
City. The City of Miami Beach, Florida. Unless otherwise provided in the Agreement, where certain
approvals and submissions are required from the City in this Agreement, those shall be required by
the Mayor and City Commission of the City of Miami Beach, Florida.
1.5
City Manager. Shall mean the Chief Administrative Officer of the City.
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1.6 Contract Administrator. The designee of the City Manager, who shall be the City's authorized
representative to coorindate, direct, and review (with Architect, as applicable) on behalf of the City,
all matters related to the Work, except as otherwise provided herein.
1.7 City Attorney. The chief legal counsel for CITY who directs and supervises the Office of the City
Attorney.
1.8
Notice to Proceed. A written Notice to Proceed for the
Administrator.
issued by the Contract
1.9 Project. That certain unique and original work of art (also
by Artist and installed on the Site, and to be known as
the artwork) to be created
1.10 Work. Any work(s) required by Artist under this
hereto), to successfully complete the Project.
limitation Exhibit A
ARTICt:~: .
SCOPE OF SER.W~i$
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2.2
ARTIST shall perform all Work ide~i~~~iH~hiS AgreemE@lit>~pd Exhibit A for the design, permitting,
fabrication, transportation, and instanatI6n~">m~ Project~:!:!~:~!.>
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ARTIST acknowledges and agrees that~b~. Contr~~~q~j.8l~tratof~~as no authority to make changes
that would increase, g~~~~~, or otherwi~m9~J~;the~~.Qf Services to be provided under this
Agreement, and th~tCinysuc:~;~hange an~!~~>ffl6difjcation.'m~5t be approved (if at all) by the City
Manager or the,Mayor and::,:~ty Comri'U$~1bn, in their respective sole discretion, prior to
implementati90~9fsame. AnY$~~h change':Q~~~~lJlodifjcation, if approved, shall be memorialized in
writing as an ar:t1~fldment to t~I$;Agreement. ',',.".
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ARTIST shall provid~monthly Proje(i~togl'c:!~s:reports and/or deliverables in a form and manner
acceptable to the Contfa'ctAdministrator. P ,
2.1
2.3
2.4
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\.Jpon installation6f:.~~~ proje~~'~t1e ARTIST shall furnish the Contract Administrator with professional
po()tographic documte.(:1~tionst1@Y:{lng the completed work of art. Photographs shall include the
f01I9wing: ,::: '
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1. T~8(2) identicali:~~ts of twelve 35mm color slides illustrating various aspects of the artwork
withlrr:the site..:::::
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2. Two 4xS color transparencies.
3. Four 8xl0 black and white photographs.
Slides and photographs shall be of acceptable professional quality, and shall be in such form and
manner as acceptable and satisfactory to the Contract Administrator.
In addition to the photographic documentation referenced above, ARTIST shall also, upon completion
of the Project, provide Contract Administrator with any and all sketches, drawings, construction
documents, and as-built plans (if applicable) showing and/or accurately depicting the completed
Project and work of art.
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2.5
2.6
2.7
2.8
2.9
Upon completion of the Project, ARTIST shall provide Contract Administrator with a detailed written
schedule and instructions for the routine care, maintenance, and preservation specific to the Project,
as set forth in Exhibit C, Cataloguing Form, attached and made a part hereof.
ARTIST shall be soley responsible for the quality and timely prosecution, completion and installation
of the Work and the Project. The ARTIST shall be responsible for designing the Project so that it can
be constructed without exceeding the approved overall budget. <::;:<:>
While ARTIST acknowledges and warrants that an essentiaJ ....... ;'. nt of this Agreement is the
personal skill and creativity of the ARTIST, and that he is r~~ij~i~I.~Jor the quality of the Project,
the ARTIST may subcontract and/or assign portions of the:~~thoat\~~~r party subject to the prior
written consent of the Contract Administrator. If so tr, fefred, ARTI~~~lll still be held ultimately
responsible for all provisions of the Work. ARTIST fU..,.. . arrants that h~:i'~J1be solely responsible
for supervision of and any compensation to such ~~~~~.1parties, and that the Cl~.~.l:1all have no liability
with regard to same. :::::::~:: '::::;:,:.:
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ARTIST agrees that all Work shall comply with ~lt::~~p!icable,~'~I, State, Miami-D~~~ County, and
City of Miami Beach laws, ordinances, codes and reg~~$!~i~~~~:::ARTIST shall be solely responsible for
obtaining any and all required appr~~~;ls and permitS:t~~~ne Project.
2.10
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The ARTIST shall t~k~:aNff~~~$~ry stepst~:~~f:dinate th~W~:fk, as may be directed by the Contract
Administrator an~Z~r Architect'V>I.ith any dn~~ing work of the CITY, or any third party under the
direction and~C)ntrol of the City,C)n or near t~~Site including, without limitation, the South Pointe
Park Project. . . .... . :',;
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In the eyemthe serVi~~~C)~~F\EfAR.TIs:rar~~ml;>hled or otherwise coordinated with ongoing work of
th8cgtyo.r~:,t~ird pa~r~sponsible to the City (and not within the control of the ARTIST), the
ARTIST shall no(be resPQn~ible for such third party work. If any part of the Work depends upon
proper executionO~::r~sultS~f;;~prk of the CITY, or a third party responsible to the CITY and not
under ARTIST's con~l,the A~~W shall, prior to proceeding with the Work, promptly report in
writing to the Contra~;"c;lministrator any apparent discrepancies, defects, or delays in such other
workvqqich renders his~ork unsuitable for timely and proper execution and results by the ARTIST.
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2.11 While AR."T"IST is sol~Iy',~esponsible for the execution, fabrication, transportation, inspection and
installation of the W<;)~~and the Project, the following provisions shall apply:
a. The Contract Administrator shall notify ARTIST of the CITY's, or any other contractor under the
direction and control of the CITY, construction schedules in and around the Site, as they are
known by the CITY. The ARTIST shall perform the Work in a manner and time so as not to
cause interference with any of the operations of the CITY or such third party contractor(s). In
the event of conflict between the schedules of a third party contractor, CITY, and ARTIST, the
conflict will be resolved by the Contract Administrator, and the Contract Administrator's
decision and resolution as to same shall be final and binding upon ARTIST.
b. ARTIST shall be solely responsible for conducting any and all inspections of the Site for
purposes of ascertaining the condition of same and for the proper execution of the Work, and
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2.12
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completion and installation of the Project. To the extent known or to the extent that same is in
CITY's possession, CITY shall make available to ARTIST, without representation, any
background materials and information on matters affecting the Site.
c. When working on the Site, ARTIST shall perform such periodic clean up as may be requested
by the Contract Administrator and shall remove any of his equipment, excess materials, and
waste promptly from the Site, as directed by Contract Admi~;!*~~tor.
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ARTIST shall bear any transportation and storage costs resultil'\$J~~Eiffiithe construction, delivery and
installation of the Work and/or the Project. .;:::~::;:i::i:i:;;:;~;:.:
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Title to the Project shall pass to the CITY following tb~. Cdhhact Adlfflff~ .trator's inspection of the
Work and, if the Work is approved, upon Contract~~~j:~~suance of wrix'mal acceptance of the
complete installed Project. Upon demand from t~~IW; Artist shall immedi . ecute a Bill of Sale
or such other document, as prepared by theg!~~memorializing the transfer of the Project
from Artist to City. In furtherance of the afore$~~?, it is und~.[:~~pd that any ris ...:~~s or damage
to the Work and/or the Project shall be the soleitij;Rpnsibil!.~;~j)l1fliability of ARTIsf:until such time
as the Contract Administrator has issued final wf(~I:l..~~~iPtance of the Project, and Artist has
executed the required Bill of Sale i:!ncl!or other conv~:~~';C1ocument to the City.
Upon Contract Administrator's wrilten#~~l:9FCePtance:bt;~he complete installed Project, all
documents related to the conceptioniB~RPosal~~~~J~tion, ah~ allation of the Project including,
without limitation, "as built" doCumerltsiShall b~:'~rB~.?Verihe Contract Administrator and
become the propertypfCI1")':CITY shalt~ frt;l~'#):~xi1i~I~~~~.9lor' reproduce these documents as a
record of ARTIST's;c:onceptio~:pf the Proj~~i::;;::;';:;;;:;;:
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';.: ARTI~G~ 3
TERM and TIME Ofj~ERFORMANCE
3.1 The ~~~I1)Rfthis A9f~I'Jl~~t~ti~li>b~~m:~~'~~~~;Q~t~ it is fully executed by both parties. Thereafter,
A~~~;Sn911:qiUgentIYBr~~ecute the Work:;1n accordance with the Project Schedule set forth in
Exhibit A-1. .
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3.2 . Time shall be deen1e~~e be bf:~~~~ssence in ARTIST's performance of his duties, obligations and
responsibilities, as req!.lirt;ld by tHls::Agreement.
3.3 The CI1"'6Jhrough the~ontract Administrator, may grant a reasonable extension of time to the
ARTISTintQt;l event ~~~tthere is a delay on the part of the CITY in performing its obligations here-
under; or (h;",c:lki!1g:~~e Site available to ARTIST for proceeding with the Work; or if conditions
beyond the A~~'S control render timely performance of the ARTIsrS services impossible or
unexpectedly burdensome. All requests for extensions of time must be submitted in writing to the
Contract Administrator by the ARTIST as soon as the delay or conditions become known and their
impact is evaluated, and shall not be effective unless approved in writing by the Contract
Administrator.
3.4 Either party is excused from performance and shall not be liable for any delay in delivery or for non-
delivery, in whole or in part, caused by the occurrence of a force majeure event such as hurricane,
fire, civil disobedience, riots, rebellions, explosion, flood, storm, Acts of God, and similar occurrences.
Failure to fulfill contractual obligations due to force majeures set forth in the preceding sentence will
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not be considered a breach of contract, provided that such obligations shall be suspended only for
the duration of such condition.
ARTICLE 4
COMPENSATION
CITY agrees to pay ARTIST, in the manner specified in Section Exhibit B, "Compensation and
Schedule of Payments", the total amount of Four Hundr inety-Five Thousand Dollars
($495,000.00) for Work actually performed, completed a.. rsuant to this Agreement,
which amount shall be the total compensation to ARTI.~Jo' amount shall be paid to
ARTIST for reimbursable or other expenses. ...;;;::.~.~~~<. '<~~:':::;;,
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At its sole discretion, CITY may include a cqf;l~ing~ncy, not to exceed ten 6Q~9~ percent of the
Project budget, to provide for unforeseen co~~t~c1uding but<.~~~Hmited to, corist~~ion delays or
Site changes. This amount, in whole or in partf's~~ltbe insMlf@:for the sole benefit,:'of the City and
shall not be considered part of ARTIST'S compens~~~~;::;;;::,;;::::::;'
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ARTIST may submit invoices for c~~~~ti~n no more'~~JJthan on a monthly basis, but only after
the portion of the Work for which th~irVoi~~;9I~ submitt~; been satisfactorily completed and
accepted by the Contract AdministratQr::;\ An orllgJ!.l~~..;iJlvoice ' ..;. .,.fle copy is due within fifteen (15)
days of the end of the month, except tfl~t!;nal invqt~~~~~~p.,!,ust;~:received no later than sixty (60)
days after completioQ;<:>f:~lt;~9rk by ARt.l~. IQ~~teE!s s ":. Y . nate the nature and portion of the
services and/or ~<:>r~;'Peffor~~,~ A writf~~:;< Ct progn.~'s port shall accompany each invoice,
describing the Wotk.tompleteQ:;~~ring thaf'j' .". od.
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CITY shall paYA~TIST for w<:>r~.~tisfactorily rmed and accepted by the Contract Administrator,
within thirty (30}c~I.~Qdar.g<:l~?:;~f:r~~Jpt<:>fA s proper statement. To be deemed proper, all
invoices must compIYyqI~~.tne recjUire~~~,;~~~ orth in this Agreement and must be submitted in
suchform9ng:mannerasshall be prescribetf'f)y Contract Administrator.
Notwithstanding arlyprovisl60<;ifthis Agreement to the contrary, CITY may, at the sole discretion of
the Contract Administr~tor, witH~~I~, in whole or in part, a portion of any or all payments due under
the Agreement, to th~;:!~ent n~ssary to protect itself from loss on account of inadequate or
defett:j'le Work which ti~~!1ot been accepted by Contract Administrator, and has not been remedied
or resolv~g in a manner~tisfactory to Contract Administrator.
4.6
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Payment shall be mfjdfto ARTIST at:
Ii'tigo Manglano-Ovalle
1235 North Rockwell
Chicago, Illinois 60622
ARTICLE 5
CHANGES IN SCOPE OF SERVICES
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5.1 Any change to the Scope of Services must be accomplished by a written amendment, approved by
the City Commission and/or the City Manager, as applicable and executed by the parties in
accordance with Section 12.16.
5.2 The ARTIST shall, whenever required during the term of this Agreement, present to Contract
Administrator (in writing, drawings or other appropriate media) for further review and approval, any
significant changes in the scope, design, color, size, material, utility and support requirements,
and/or texture of the Work or of the Project, or location of the Si ::l~' significant change is any
change that affects the size, quality, installation, scheduling, Site R~' 'ation or maintenance of the
Work, and/or the Project, or the concept of the Project, as ~@ ted in the original approved
design. ..
6.1
ARTICLE 6 ..........
ARTIST'S W ARRAN.lleS>
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The ARTIST warrants that (a) the Project bein9:1~~'~;;:sioned is the original
own creative efforts; and (b) the Project is orrgitJ~lror in other~ds, an edition
in no way be duplicated, copied, and/or otherwi~.replicat~':bY Artist with
commissioned public or private projects. . . .
of the ARTIST's
and shall
any future
6.2
The ARTIST warrants that reasonable maintenance of tHe'P:r:~ject will not require any extraordinary
procedures.
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The ARTIST warrants that ARTIST sh~I,i:1~elive~l~~1:~~j~g to~11~ITY free and clear of any liens
from any source whCl:~~~~~~~.>. '1;~:1;;>::.:;:~;.:11.111;;;:~" ..<::;::::;1::::.;;.::...::::.....".:'>
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The ARTIST wa~~~~i:that he:~~~U faithfulI~:~~~orm the Work in accordance with standards of care,
skill, training,.dUigence and judgm'ent provide~;:!,:>y highly competent professionals who perform work
of a similar nature. . H.
6.3
6.4
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:'AP:lJ~~~:7
OBUGATtONS OF CITY
7.1
CITY shall assist ARn~ by p~yiding, upon ARTIST's request, but without representation by City of
"C1f!Y kind, all public jF)fqr:!11ation::I~:~~s in its possession pertaining to the Site.
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7.2
CITY shall:
a. arrah~~fpr acce~~:~:that ARTIST may enter upon the Site as required for ARTIST to perform
the Wor~l.lnd~r:~nis Agreement;
b. give prompt written notice to ARTIST whenever the CITY becomes aware of any development
that.affects the scope or timing of the Work;
c. arrange public meetings and consultations, as deemed necessary by the City to fulfill the
ARTIST's obligations under this Agreement;
d. review materials (whether through Contract Administrator or Architect, as provided in Exhibit A-l
hereto) submitted pursuant to Exhibit A in a reasonably timely manner;
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8.1
8.2
e. prepare and install, at its expense, a plaque or sign identifying the ARTIST, the title of the
Project, materials used, year of completion, and a narrative explanation of the Project, including
ARTIST's credits, and reasonably maintain such notice in good repair;
f. reasonably assure that the Project is properly maintained, taking into account the
recommendations of the ARTIST, as stated in the Cataloging Form provided by the ARTIST.
ARTICLE 8 q""
ARTIST'S RIGH~:::::~::
It is understood that the specific location of~~.Project and its installation is
integral to this Agreement. cm agrees to ~~~~..all reasonal:>!~:~fforts to integrity of
the Project as defined by its location (the SiteJ~~:~~~ City ..' .'.~'c>t knowingly use of the
Project in a manner which would reflect unfavorafjly,~.r:I::~ 's name or reputation as an artist or
which would violate the spirit of th~groject or interfe~~~J. its creative intent.
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cm shall make a diligent effort to ::~: ::~~:msr of any pia~ CTIY action that would remove the
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Project from the Site, or have the .>;::>.It of:;jr:"'Qijf~.bly dam~1~:$) or destroYing the Project, by
providing notice to ARTIST by registere~t9;1ail at t~.:.~~/.:. eceri~:@~dres~ submitted ~y ARTIST ~nd
on file with the Cm...:~~~~..~vent, Cftl;~rall..~..tl1 . .::~ tne option of removing the Project
from the Site, at ~~::et~::~p.TIST for:~l'l~1;~~ject itself,'pmvided that ARTIST will move and/or
transport the Proj~ctfrom the:~~e at his sol~'Fost and expense, and CTIY shall have no liability to
ARTIST as to the means and llleti10d of rerri<;i*.ClI and transport, and shall have no other liability to
ARTIST in the event the Proje~l~ damaged or'#e:;troyed in the process. In the event that ARTIST
fails, within ninety(.90) da}':;Qf~e~iptQf suchl:'l~tice, to remove the Project, cm shall have the
right to proceed withtl'1erel11oval oftheProJect.1n the event that cm makes a diligent, good faith
atterf'lpt,With()ut succ~~;~? notify the ARTIST of its intended action, cm shall have no further
Uabilit:y to ARTIS'"f.~nder:tffi.1~:~greement, or as to the Project, and ARTIST shall be deemed to have
waived any and alf:~Cli~s tf1a~;~~.may have against cm, as a result of damage or destruction of the
Rroject. The provisi6~~?f this'sq~~ction 8.2 shall be non-transferable and only apply as to ARTIST,
C11)C1:$hall not apply oroe;enforcea"b1e by any heirs, successors, assignees, and/or other transferees
anclror successors in interest of ARTIST.
8.3 CITY agre~to take :;~~J)measures as it deems reasonable and necessary to maintain the Project,
which incIUd~~;lllai~~I'i'~fnce and repair of each and every component part. cm shall have the right
to determine,afl;~r:#6nsultation with a professional conservator, when and if repairs and restorations
to the Project wllrbe made. During ARTIST's lifetime, cm shall not repair the Project without
consulting with the ARTIST. cm shall attempt to notify ARTIST in the same manner as provided in
subsection 8.2 above and, in the event the cm makes a diligent, good faith attempt, without
success, to notify ARTIST of its intended action, cm shall have no further liability to ARTIST under
this Agreement, or as to the Project, and ARTIST shall be deemed to have waived any and all claims
that he may have against CITY, as a result of subsequent repairs or restoration to the Project, or in
the event damage or destruction of the Project pursuant to this subsection 8.3. To the extent
practical and during ARTIST's lifetime, the cm, may in its reasonable discretion, consider ARTIST in
making or personally supervising significant repairs and, if cm so deems ARTIST'S participation is
necessary, ARTIST shall be paid a reasonable fee for any such services, provided that CITY and
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9.1
ARTIST shall agree in writing, prior to the commencement of any significant repairs or restorations,
upon ARTIST'S fee for such services. All repairs and restorations shall be made in accordance with
recognized principles of conservation.
ARTICLE 9
COPYRIGHTS
9.2
Neither the whole nor any portion of the Project shall be the subject ny application for copyright
or patent by or on behalf of the ARTIST without the prior wri "'sent of the CIlY. If such
consent is given, and notwithstanding such rights, ARTIST her ants to CIlY a non-exclusive,
perpetual, irrevocable, and royalty-free license to rep,~,/:,Y:<:;{l1ake, print and/or publish
photographic, filmed or videotaped reproduce, make, pril:J~:~jii~/or:p~~I~~h photographic, filmed or
videotaped reproductions and other two-dimensional U~~ne%'ses of the:~~~ect and/or the proposals
for the Project for such purposes as determined sole;I~;~~:the cm in its rE!a~1;.l~ble discretion. In this
connection, it is understood that public uses insl~~l.i'ig, without Iimitation,p~~i~ promotional and
advertising uses, are without limitation. It i~:~1$O understood that either oT;' ~. parties .to this
Agreement may also permit photographic, filn\:":{videotaped 9~:~~her reproducti" .;..;;the Project to
appear as editorial matter in newspapers, maga I periodi ." $'ybooks, motion pictUre films and/or
videotaped films. In connection with any such rept ,'. ..}. . publication by any party, that party
shall arrange for appropriate credi~lgl;!ntifying the na :the ARTIST as the Project's creator, the
title of the Project, the materials,'~j~~~~!Qns, and the Jij?n thereof.
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ARTIST agrees that all Work perform~~:~nd~r:tij~~~~~e;~ment'$~~ltcomply with all applicable patent,
trademark and copyright laws, rules, "~9~lations':~~~;:~5Ne;s. TIli.ARTIST further agrees that the
Work will not utilize anyprqtected patentt'.~tade;{l1~fR ortiQ~~.t unless ARTIST has obtained proper
permission and all releases and other nec~~~ijtdocuments:;:
9.3 If the ARTIST~~eS any protect:~ material,;~~()Cess or procedure, the ARTIST shall disclose such
patent, tradema.rkor copYrigh~.!n the construetl()11 drawings and technical specifications.
. .... .><;;A~r!~~ij,10
TERMINATION
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10.1T11is Agreementffl~~;ge t~~.t~~ted for cause by cm, through the Contract Administrator, or by
. .AR.TIST, upon thirty;~~~) days;;~~19~written notice by the party that elected to terminate.
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10.2 Termin~tion of this Agreement for "cause" shall include failure to continuously perform the Work in a
timely. manner calculated to meet or accomplish the objectives of cm as set forth in this
Agreement; a breach()f~he provisions of this Agreement (notwithstanding whether any such breach
was previousfY\'V~iY~or cured); or (by City only) for any other reason necessary to protect the
health, safety,()~~~lfare of the general public.
10.3 Notice of termination shall be provided in accordance with the NOTICES section of this Agreement
except that notice of termination which Contract Administrator deems necessary to protect the public
health, safety, or welfare may be by verbal notice which shall be promptly confirmed in writing in
accordance with the NOTICES section of this Agreement.
10.4 In the event of a termination under this Article, the cm shall be fully discharged from any and all
liabilities, duties and terms arising out of/or by virtue of this Agreement except for any compensation
due and owing to ARTIST with regard to Work satisfactorily performed and accepted prior to the
period before the effective date of termination. Notwithstanding the above, the ARTIST shall not be
-8-
relieved of liability to the cm for damages sustained by the cm by any breach of the Agreement
by ARTIST. The cm, at its sole option and discretion, shall be additionally entitled to bring any and
all legal/equitable actions as it may deem necessary to enforce the cm's rights and remedies
against ARTIST. The cm shall be entitled to recover all costs of such actions, including reasonable
attorney's fees.
10.5
The death or permanent incapacity of the ARTIST shall automatically terminate this Agreement.
Neither the ARTIST nor the ARTIST's estate shall have any further rlfl~~;;o perform hereunder. The
cm shall pay the ARTIST's estate the compensation payable fOJ;~~~~~Work rendered prior to such
termination not heretofore paid, reduced by the amount of adc.litt~ijal costs that shall be incurred by
the cm by reason of such termination."< ;;::;?;o;
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ARTICLE 11 <>.
MISCELLANEOWS'<
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11.1
AUDIT RIGHT AND RETENTION OF RECORD~:::jj.,.;<' \~<;~
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cm shall have the right to audit the books, red~ . . .and ac;c;.g:~' of ARTIST that aretrelated to this
Project. ARTIST shall keep such books, records}:g.'d,?!.lffts as may be necessary in order to
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record complete and correct entri~$s;r~lated to the PrG)~';:'
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ARTIST shall preserve and make avalla5f~ia~r~~7onable trffl~:f9r examination and audit by CTIY, all
financial records, supporting documeo~, stattst(~hr~cords, a~:~ny other documents pertinent to
this Agreement for the required retentiq~'period g~~~:.~9ri~a Put>;l!e Records Act (Chapter 119, Fla.
Stat.), if applicable, or{t~t~~Florida Puo1(~.R . .'.s:ActlS:'~9~;;~pplicable, for a minimum period of
three (3) years aft~rterminatj~11 of this Agr~e<.. 1:. If any au~1i1: has been initiated and audit findings
have not been re~lyed at the ~ooof the retel"i~on period or three (3) years, whichever is longer, the
books, records,and accounts be retairi~:..~ntil resolution of the audit findings. If the Florida
Public Records~<Ztis determiD.................Cm to bV:"" Iicable to ARTIST's records, ARTIST shall comply
with all requireme9~.;ther~t~.:~!:>*"~~~~,99co,,:entiality or non-disclosure requirement of either
federal ..Qr!;itate law"shi3U:b'e:.Ylolated5Y~;~~;:QrARTIST.
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11.2 NQNOISCRIMINAl:JON. \~QU"'I,. EMPLOYMENT OPPORTUNm. and AMERICANS WITH DISABIliTIES
AcT .,"
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ARTIST shall not unlaWfyHY discrlfflinate against any person in its operations and activities or in its
use ()r..expenditure of funds in fulfilling its obligations under this Agreement. ARTIST shall
affirrl1a~iv~ly comply withaH applicable provisions of the Americans with Disabilities Act (ADA) in the
course ofproviding aoy.'services funded by cm, including Titles I and II of the ADA (regarding
nondiscrirl1ination()n~~e basis of disability), and all applicable regulations, guidelines, and standards.
In addition, AR.~~'shall take affirmative steps to ensure nondiscrimination in employment against
disabled persori~l<>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.
-9-
ARTIST shall not engage in or commit any discriminatory practice in violation of the Miami Beach
Human Rights Ordinance, as same may be amended, in performing any services pursuant to this
Agreement.
11.3 PUBLIC ENTITY CRIMES ACT
ARTIST represents that the execution of this Agreement will not violate the Public Entity Crimes Act
(Fla. Stat. ~287.133), which essentially provides that a person 0 lliate who is a contractor,
consultant or other provider and who has been placed on the.~>~ ed vendor list following a
conviction for a Public Entity Crime may not submit a bid o~~~;jt~!!? ract to provide any goods or
services to CITY, may not submit a bid on a contract With.~: " .;. e construction or repair of a
public building or public work, may not submit bids on lea<~:t5f re2~Qperty to CITY, may not be
awarded or perform work as a contractor, supplier, s~~~c:ontractor, Or;:~~ultant under a contract
with CITY, and may not transact any business withg~:tn excess of the <Rt~~;qold amount provided
in Section 287.017, Florida Statutes, for category:. ~<::Q,~;purchases for a perioCl;:~~:~? months from the
date of being placed on the convicted vendor r -: < ;Iation of this section shan:~~~l:,tlt in termination
of this Agreement and recovery of all monies: reto, andn~~.'( result in deba<~e~~ from CITY'S
competitive procurement activities. '/i;;,:;::2~~[f2~r~:;;< '.:
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In addition to the foregoing, ARTISJf.lJ~her represerl~~~:there has been no determination, based
on an audit, that it committed an a~;~~ftf;l~d.by Sectiori<;~~.J33, Florida Statutes, as a public entity
crime and that it has not been forr't)~l!y;;~i~~~~with cor't)ffl;~jRg an act defined as a public entity
crim!=! regardless of the amount of Jiil~(ley~rn~l~~~ior whet~~~;;[\RTIST has been placed on the
convicted vendor list. .' . ':::2::>:' / . ...
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11.4 INDEPENDENT CONTRACTOR
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ARTIST is anig~~pendent con~t~ctor unde~'~~J~ Agreement. In providing such services, neither
ARTIST nor itsq~.f;lJ'1ts shall aGt' . ffjcers, em~J~~ees, or agents of the CITY. This Agreement shall
not constitute orrn~~~ th~ . ...:::~i;l~n~rshi~:~p joint venture, and furthermore, this Agreement
does m)tc()nstitutea;.1rYqt~ 'hire'a<rrai'i9~Q;l~eOr agreement.
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11.5 THIRD PARTY.SENEFIctA.RIES
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Neither ARTIST nOI"~ inte~(j$:~9directly or substantially benefit a third party by this Agreement.
Therefore, the parties ~sree that there are no third party beneficiaries to this Agreement and that no
third party shall be entitl~. to assert a claim against either of them based upon this Agreement. The
partiese)(pressly acknol/iI'Eldge that it is not their intent to create any rights or obligations in any third
person or entity underttds Agreement.
11.6 NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified. The place for giving notice shall remain the same as set forth
herein until changed in writing in the manner provided in this section. For the present, the parties
designate the following:
FOR CITY:
-10-
Art in Public Places
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Dennis Leyva
with copies to:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
FOR ARTIST:
Inigo Manglano-Ovalle
1235 North Rockwell
Chicago, Illinois 60622
the prior
11.7 ASSIGNMENT AND PERFORMANCE
ARTIST shall not assign, transfer, or encumbe.~;~Ji,;~f~my portion of this
written consent of the CITY, which consent, \1~~~~~n at all, s~~ll~;ee at the City's
,'""''>.';.'
ARTIST represents that all persons providing ari~:'~gl'~:~'~ired by this Agreement have the
knowledge and skills, either by tr~ining, experien~~~:~~ucation, or a combination thereof, to
adequately and competently peri' ',;~tyties, obliga~~~~,,and services set forth in the Scope of
Services and to provide and perfor utt\:;~gl'~and/or for::t~~;pgreed compensation.
\ ;.l~~:;::~':~> >
ARTIST shall perform its duties, obligatlpns, anc:t;;~~~I~~und~::ithis Agreement in a skillful and
respectable manner'1"P,~~l.I~lity of ARTl~',s p~,!f~~mah~;~J.:!~;~U Interim and final Work provided to
or on behalf of CIT':t".shatlbe:~[lparable~~:;~~;;jjest natio~f;:and international standards.
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11.8 CON FUcrS
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Neither ARTIST~8rits e'1J~I~~~~~~Plil/Pr sut5~~~ntractors shall have or hold any continuing or
frequentlY,r~curring<~j:I:1 "/enf()r;;~~~rrelationship that is substantially antagonistic or
inCOtrlpatil:H~~jt~ ARtf.;,~;, oyal and conscIous exercise of judgment related to its performance
under this Agreetrlent. '.',
ARTIST agrees thafn6ne of itS(::)r~mployees and/or sub-contractors shall, during the term of this
Agreement, serve as an>expert Witness against CITY in any legal or administrative proceeding in
whicllhe or she is not apprty, unless compelled by court process. Further, ARTIST agrees that such
persons shall not give .s~9rn testimony or issue a report or writing, as an expression of his or her
expert opinipn, which;:j~';?fdverse or prejudicial to the interests of CITY in connection with any such
pending orthr~~t~m:~~::l~gal or administrative proceeding. The limitations of this section shall not
preclude ARtI~::;~I':'any other persons from representing themselves in any action or in any
administrative or;'legal proceeding.
11.9 CONTINGENCY FEE
ARTIST warrants that it has not employed or retained any company or person, other than a bona fide
employee and/or sub-contractor 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 and/or sub-contractor working solely for ARTIST, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
-11-
Agreement. For a breach or violation of this provision, the City 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.
11.10 WAIVER OF BREACH
The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. The City's waiver of of a provision of this
Agreement shall not be deemed a waiver of any subsequent brea not be construed to be
a modification of the terms of this Agreement.
11.11 COMPLIANCE WITH LAWS
ARTIST shall comply with all federal, state, and loc~l;t~~s;' codes,
in performing his duties, responsibilities, and Ob!:\~~~iptls related to this
and regulations
11.12 SEVERANCE
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11.13 JOINT PREPARATION
In the event this Agreement or a portion of thiS:
jurisdiction to be invalid, the sh
terminate this Agreement.
is found by a court of competent
to be effective unless CITY elects to
The parties hereto aS~l'I~~I~,<;I~e that th e", whatever competent advice and
counsel as was n~~$aW:;f~~:;~l:lem to>"",::~i~f' I and co te understanding of all rights and
obligations her~im,;~ntl that th~1~~~paration~~~1~hiS Agreement has been a joint effort of the parties,
the languag~:I:l~s'been agre~lto by partl~~:to express their mutual intent and the resulting
document shan:~Q~I, solely as;~~~atter of judiCi~t~fonstruction, be construed more severely against
one of the partiestq(;ln the.9~b~r;:;,: ,:,:<<.:;"
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11.14 PRIORI1YOFPROVISIONs
If there is a confllq:or inCOnsistency between any term, statement, requirement, or provision of any
exhibit attached hereto, anydQcument or events referred to herein, or any document incorporated
into this Agreementt>y reference and a term, statement, requirement, or provision of this
Agreement, the term, s$tement,requirement, or provision contained in Articles 1 through 13 of this
Agreement shall prevail~~d be given effect.
11.15 APPLICABLE LAW ANDYENUE
This Agree~~.8t sh9~1:'~'~hterpreted and construed in accordance with and governed by the laws of
the State of FI2'fig~;::~enue for litigation concerning this Agreement shall be in Miami Dade County,
Florida. BY ENl:~~NG INTO THIS AGREEMENT, ARTIST AND CITY EXPRESSLY WAIVE ANY RIGHTS
THEY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT
OF, THIS AGREEMENT.
11.16 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 approved and executed by the City Commission, if over $25,000 or the City Manager,
if less than $25,000, and ARTIST.
-12-
11.17 PRIOR AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, the parties agree that no deviation
from the terms hereof shall be predicated upon any prior representations or agreements, whether
oral or written. It is further agreed that no modification, amendm } alteration in the terms or
conditions contained herein shall be effective unless contained "em document in accordance
with Section 11.16 above.
11.19 INSURANCE
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ARTIST shall maintain, at its sole cost and expens~i1~~~X~H~~ing types of insurance coverage at all
times throughout the term of this A~reement or until 'fif1~I;~cceptance of the Project by the Contract
Administrator, and installation of the e...<P. r.o....~ect, whicheve~J~;Ia~.er:
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of which, bearing
11.18 MULTIPLE ORIGINALS
This Agreement may be fully executed in three (
original signatures, shall have the force and effe~[
b.
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Comprehensive General Lia~jr~i~t~j;ro.'gimum~~~~.Qt of Three Hundred Thousand
($300,000) dollars per occurr~~~e bodil Cc. ....death~~;property damage, and personal
injury. This .~Q~i~i;;;~~st also '~i!l;tain,. c..,'~.;;premises operations, products and
contractuC!:I::f~fijnftY~;;:;;. .':;;;;;;j;;.;:[:;;i;;:/ ";:;:;" .
Contra~t~must subffll~'woof of W~~~ers' Compensation and Employer's Liability in the form
of a~~iI1Cate of Insu~iflce. All othef:;~tate regulations apply.
Automol:)il~ insurancE;!!~~~quired in tl't~:;;~mount of Three Hundred Thousand ($300,000)
dollars ifA~J"lST \,\,i.II~.~~~jfl.~.:~~hiCles~f1 public property, which is not a designated public
parking spaC(a,l9;~nload materlal~l~t1~plies.
a.
c.
, . . .
The City of Mjar11t~.~achr@$tbe named as an additional insured and policyholder on all insurance
certificates issued~;;;;~11 inSUf'c~~~.policies must be issued by companies that are authorized to do
bu~iness in the State;~f.Florida~~;n9 have a rating of B+VI or better in the current edition of Best's
K~~;~ating Guide. ." . ....
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The pqli~l~s of insuranc~teferred to above shall not be subject to cancellation or changing coverage
except upopat least~l'1lw (30) days prior written notice to the CTIY, and then only subject to the
prior writtel'l~ppro~~r6f the Contract Administrator. Prior to the Commencement Date of this
Agreement, AR11.S1":shall provide Contract Administrator with a Certificate of Insurance for each such
policy. ALL POliCIES SHALL NAME THE CITY OF MIAMI BEACH, FLORIDA AS AN ADDmONAL
NAMED INSURED. All such policies shall be obtained from companies authorized to do business in the
State of Florida with an A.M. Best's Insurance Guide (latest edition) rating acceptable to the City's
Risk Manager, and any replacement or substitute company shall also be subject to the approval of
the City's Risk Manager. Should ARTIST fail to obtain, maintain or renew the policies of insurance
referred to above, in the required amounts, the CITY may, at its sole discretion, obtain such
insurance, and any sums expended by CITY in obtaining said insurance, shall be repaid by ARTIST to
CITY, plus ten percent (10%) of the amount of premiums paid to compensate CITY for its
administrative costs. If ARTIST fails to repay CITY's expenditures within fifteen (15) days of demand,
the total sum owed shall accrue interest at the rate of twelve percent (12%) until paid, and such
-13-
failure shall be deemed an event of default hereunder.
11.20 INDEMNIFICATION
ARTIST agrees to indemnify and hold harmless the CITY OF MIAMI BEACH and its 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, at law or in equity, which may arise or be alleged ~j~ve arisen from the negligent
acts, errors, omissions or other negligent conduct of the AR1l~~ffts employees, agents, sub-
consultants, or any other person or entity acting under AR~~c;control, in connection with the
ARTIsrs performance of the Work pursuant to this Agreemen~~;;a~~~to that extent, the ARTIST shall
pay all such claims and losses and shall pay all such costs;~~6dg~ts which may issue from any
lawsuit arising from such claims and losses, and shall paM]caJI ctlsts and a~ti;M~'1s' fees expended by the
CITY in the defense of such claims and losses, inclu '~ppeals. The parEt~~:~~ree that one percent
(1 %) of the total compensation to the ARTIST for /,: ,;, ance of the Work urt.~~iS Agreement is the
specific consideration from the CITY to the AR~:fOr the ARTIsrs Indemnity';i\'t~ment.
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The ARTIsrs obligation under this Subsection stl~il;1~t inclucl~:m~:bbligation to indenirtity the CITY OF
MIAMI BEACH and its officers, employees and ageil'ij~S;{(~jiJlia' against any actions or claims which
arise or are alleged to have arisen f~~Q:1 negligent actS~~lssions or other negligent conduct of the
CITY and its officers, employees a~cl:i~~~I'l~' The partie~l< agree to give the other party prompt
notice of any claim coming to its kno~l~gijc;m~:~;~Rany way :,' or indirectly affects the other party.
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IN WITNESS
under each signature: .
same by the City
and
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haverif~oe c;ln~:~~e i~, Agreement on the respective dates
Florida,{$i9V1nQ by and 'yaugh its Mayor, authorized to execute
duly aotlli:>rized to execute same.
By
ARTIST
CITY
City of
Hiigo Manglano-Ovalle
_day
_ day of
,2006
ATTEST:
WITNESSES:
Print:
City Clerk
WITNESSESS:
-14-
Print:
-15-
EXHIBIT A
sc.oPE .oF SERVICES
ARTW.oRK/PR.oJECT: "Drift"
PURP.oSE: ARTIST will design, fabricate and install the above original work of art (also referred to as
artwork or Project)
L.oCATI.oN .oF SITE: South Pointe Park, 1 South Pointe Drive,
ADMINISTRATIVE C.o.oRDINATI.oN: The CONTRACT ADMI T ;all be the City's authorized
representative to coordinate, direct, and review (including Arc . ';' s applica ~i~l:lp as provided herein), on
behalf of the City, all matters related to the Work. At )stretion, the co~~~g: Administrator may
designate, in writing, a public art project manager. The shall maintain regul~~1~mmunication with
the public art project manager via phone, fax, letter q~ '., N"
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DESIGN C.oLLAB.oRATI.oN: During the design of the~~l.?rk, th?~~Jls-r shall collaborat~~nd coordinate
with the Contract Administrator (or his/her designated pi;j~IJ~;~ttlject manager). The design of the
artwork shall be coordinated with the desigl);p[ocess for the ci th Pointe Park Improvement Project in
the following areas: aesthetics, public pre.:S:~~.tations, constru . . ocuments, cost estill1ates and South
Pointe Park Improvement project schedules~;;j~~'6~(~;;~,~P?sign of t ",'>:; ork require specialized professional
services, the ARTIST shall hire an appropriat~;~ub~cort~~,~ot and/(j'i:1~~~:contractor, subject to the prior
written approval of the Contract Administrator .~~n appr9~~I:~~~~~ art:\.A.t~~~design, the ARTIST shall create
independently all necessary 8RI)~!l1.Jstion docum~~~ fQ~;>~oe atti;~~~:;&l.l)dllary/support facilities needed to
install the art as required b}'~D.eCrn~~q/or appll€a~I~~9WS and coae~ror provide all necessary information
on a timely basis in the~'l€!i')tthat relev~nt componen~of the artwork design must be incorporated into the
final construction documents for the South Pointe Pat~;~mprovement Project if appropriate.
':-,-::-<<~>>:
C.oNSTRUCTI.oN ANDIij:~ALLA.O;N::~ QINAUON: During the construction of the South Pointe
Park ImprovementProject~n~\~.D~i~gt~fla .. . ....~ork, the ARTIST shall collaborate and coordinate
with the Contract Administrata~tvr his/her design'ated public art project manager). The ARTIST shall
coordin.atEftne installation8fthe a~Qrk in accordance with the South Pointe Park Improvement Project with
construction schedule andin$tall thea~ork in compliance with the South Pointe Park Improvement Project
construction documents. The ARTIST shallbe responsible for construction oversight during the fabrication and
integration of all artist-designeg~omponents, whether fabricated by ARTIST's subcontractors or included in
constructidndocuments to be fat)ticated and installed by others.
DELIVERABLES:the ARTIs-r~l'Iall 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 Park.
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).
-16-
I-B Conceptual Design. The ARTIST shall develop a conceptual design proposal for the Project and shall
secure the advisory recommendation of its approval by the Miami Beach Art in Public Places (which is
an advisory board of the City) as follows:
1. The ARTIST shall personally present the conceptual design proposal to the Art in Public
Places Committee.
2.
This phase includes a Site visit for presentation to the Art
coordination with the Architect.
Places Committee and
I-C
Design Development. The ARTIST shall complete the desigQ; "ment of the approved artwork
and shall secure its approval from the CONTRACT ADMINI ;t;:I'RRroval and notice to proceed
for fabrication shall occur after submittal of all artwor~~e gn develQ'Pi'i'ient deliverables and shall
require the additional review and approval of Arc~~~:{whiCh shall 02~~~:~9ncurrent to Contract
Administrator's review and approval process). B~~~ft5n the requirementsof~~approved artwork
conceptual design, the CONTRACT ADMINISTM:W:~Rmay, at his discretion waive:'~~ubmittal of any
unnecessary design development deliverables~~~puthorize AR,~~ to proceed to'm~fabrication and
installation phase. '.\ . ,
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The ARTIST shall submit fh'lpldesign drawing~f~t:~~brication, artist proofs, material samples,
artwork and artwork su~/ ".::<~Recifications.<::t~:::;.inclusion in the South Pointe Park
Improvement Project cons' ;"l~~:::. !Jments, veij~ cost estimate, sub-contractor list,
building permits, and a fabr . n it . .tlation sch:~!:lle.
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~~fi~.~hall be obligated to redesign the
et inclusi\1eor all payments to the ARTIST, at no
If the verified,' cost, exceeds the<.bud
artwork to. fibi..Jithin th~ establisH~.~f..
additiona(c11arge to CITY.: \:: .
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2.
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3. This ph~~~,includes a;:$j~e visit for cO~~~~llation and presentation purposes.
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I -D FabricatioQ ,and In~t:~lla~i~9~:~:TheARn~:~tlan:f~;6'ricate, deliver and install all artwork and artwork
supp()rtcomPQnents,aS):R~r the approved'cf~~l'gn development drawings.
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I-E,Final Conservatiort~ocuments.>lJPOn completion and installation of the artwork the ARTIST shall
~I..lbmit all photograp~i5docum~8t~tion and completed cataloguing forms. If the ARTIST utilizes
cOmputer technology irrth.e fabrication of the artwork, the ARTIST will submit electronic copies of any
computer files that wlff.$upport on-going operations or future repairs and conservation of the
artwork.
COMPLETION AND~NS~~C:;:'J'10N: Upon completion and installation of all designed and fabricated
components, the ARTI~::shall be responsible for obtaining final approval from the CONTRACT
ADMINISTRATOR. "
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 applicable 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 CITY, future users of the Park
and the surrounding community. The ARTIST shall participate in at least one community meeting and two
other public meetings, as shall be determined by the CONTRACT ADMINISTRATOR.
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TIMELINE FOR COMPLETION: ARTIST shall be aware of Park design and construction timelines and shall
ensure that all artwork components are completed and installed according to the established schedule.
PERMITS: It shall be ARTIST'S responsibility, where applicable, to obtain all necessary permits as required
by City throught Contract Administrator, and provide proof of same to the Contact Administrator prior to
fabrication. The CITY agrees to pay for any required permit fees.
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EXHIBIT A-l
PROJECT SCHEDULE
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EXHIBIT B
COMPENSATION AND SCHEDULE OF PAYMENTS
ARTIST will be paid the specified installment, upon submitting invoice and documentation substantiating
satisfactory completion of the portion of the Work for which payment is requested and upon Contract
Administrator's acceptance of said portion of the Work; all as detailed in the submitted invoice. CITY shall
pay ARTIST the total sum of Four Hundred and Ninety-Five Thousand Dolla~ 495, 000.00) for Work that
shall include all costs associated with design development and fabricationofC:. artwork, materials, labor by
sub-consultants and subcontractors, delivery and installation. No am~~~ti shall be paid to ARTIST for
reimburseable expenses. . \ ">;~;;i::;:.
Payments to ARTIST shall be made for Work satisfactorily cO~~I~~'accordiri~~~::~~e following schedule:
>'-_::'(:^<;:~::>--' '"::~5~;?>:,
1. One Hundred Forty-Eight Thousand Five Hundred 9~~I~jtS:t$148,500.00 Dollars):.~l':llch is approximately
30% of the fixed fee, to be paid upon executio,~~;@~:~f11~ Agreem~8:' <:;::~j;;j'it.;..:
2. Ninety Nine Thousand Dollars ($99,000.00 Dollars};:;~mch is C!~~~~~mately 20% ofth~':fixed fee, to be
paid upon submission to and acceptance by the CO~~:~~'~NISTRATOR of all conceptual design
deliverables as written in the Scope ()fyvork and obtairtt~~i;~pproval of the artwork conceptual design
proposal from the Art in Public Place$~tid:~E:l City Comrllis$i(,)I1'
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3. Ninety Nine Thousand Dollars ($99,00d;0()DOlr~ri;~,V\(hI~h is ap~~~iwateIY 20% of the fixed fee, to be
paid upon submission to. and approvalby the<~Nl~CT ~DMINISTRATOR of photographic
documentation demonstrating.that the artwork is100%<fall€leated. At Contract Administrator's sole
>_ .:: .-.'..<<..-.' >>/" . <,">:-:"- ''''''-:."-:s,,,)':'
option, Contract Adfllio/istratorrnC!x deem tt1l:l~;~:~~YSical inspection of the artwork is warranted prior to
acceptance and payment, and ARmJ.ST shall ~Q;g~ the artwork available to Contract Administrator.
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4. One Hundred F6r1;y...gight Thou~i:l~~;'Five Hundre~.~~nars ($148,500.00 Dollars) which is approximately
30% of the fixed f~e~~().be ~~~::~~:I;.; ..' in~;lIation, and acceptance of the artwork.
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EXHIBIT C
Catalog #
CITY OF MIAMI BEACH ART IN PUBLIC PLACES
CATALOGING FORM
F. One
1. Artist Information
A. 1. Name:
2. Name you want to use on label and PR
B. Date of Birth:
C. Place of Birth:
D. Address, e-mail, web site:
E. Contact Phone numbers
Business:
Home:
Fax:
II. Work of Art
A. Title:
C.1.
or centimeters:
H:
W:
D:
2. Image with frame (if any):
H:
W:
D:
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D. Frame Description:
E. Inscription, marks:
-Supplier info (address,
display (ex:
F. In case of portable and multiple artwork, note on
sequential series, installation height, spacing, etc...):
G. Artwork with electronic components
-Name of item:
-Manufacturer info
H. Artist's
III. Fabrication Informa~ion
A. Material(s) u~~:in
B:Ma~erial Finish:
C. Materiill~u.sedin the presentation of the project (maquette):
D. Fabricators (name, address, phone, fax, e-mail, web site):
E. Fabrication method (attach diagrams or drawings):
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F. Architect/Engineer (name, address, telephone, fax, e-mail):
C. If the
condition of the artwork:
IV. Installation
A. Installation executed by (name, address, phone, fax,
B. Installation method (attach diagram of
C. Date of Installation:
V. External Factors
A. Describe physical
VI.
specific items: Iightbulb, electronics etc...)
A. Short-term:
B. Long-term:
desired app~~rance of the artwork:
VII: Digital copies for us~il"lrepair of sound art and graphic reproduction:
Signature
Date
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