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HomeMy WebLinkAboutReso 2021-3256RESOLUTION NO. 2021- 32* A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH SZABO ARTWORKS, INC. FOR THE DESIGN AND CONSTRUCTION OF A CUSTOM ART FOUNTAIN SCULPTURE TO BE PLACED IN THE MEDITATION GARDEN AT TOWN CENTER PARK, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sunny Isles Beach ("City") has continually expressed its desire to create a visually distinctive, yet attractive and pleasing urban environment; and WHEREAS, the Public Arts Advisory Committee ("PAAC") was created with the purpose to recommend to the City Commission the placement of artwork throughout the City, consistent with the adopted Public Arts Program ("Program"); and WHEREAS, the PAAC has researched and reviewed several artists that could design and build a custom art sculpture to be placed in the Meditation Garden at Town Center Park; and WHEREAS, Michael Szabo of Szabo Artworks, Inc. proposed a custom art fountain sculpture that is consistent with the Program, and within the allotted budget; and WHEREAS, the City Commission wishes to enter into an Agreement with Szabo Artworks, Inc. for the design and construction of a custom art fountain sculpture, in a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00), attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Szabo Artworks, Inc. for the design and construction of a custom art fountain sculpture, in a total amount not to exceed One Hundred Fifty Thousand Dollars ($150,000.00), attached hereto as Exhibit "A". Section 2. Authority of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution will become effective upon adoption. R2021_Szabo_Artist_Agmt Page 1 of 2 ATTEST: PASSED AND ADOPTED this 21s' day f-0 tober 2021. Larisa Svechin, Mayor MauNcib Bet�ncur, CMC, City Clerk APPROVED AS TO FORM AND LEGA ICIENCY: Edward A. Dion, City Attorney Moved by: / � ,� Seconded by: /,WP�/� � %s& - Vote: Mayor Svechin Commissioner Goldman Commissioner Lama Commissioner Viscarra R2021_Szabo_Artist_Agmt Page 2 of 2 (No) -Z(Yes) (Yes) (No) Yes) (No) (Yes) (No) R2021_Szabo_Artist_Agmt Page 2 of 2 Artwork Commission Agreement THIS AGREEMENT, is entered into this 'Zl'day of d W6R, , 2021, by and between the City of Sunny Isles Beach, (hereinafter the "City") located at 18070 Collins Avenue, Sunny Isles Beach, FL 33160 and SzaboWorks, Inc. (hereinafter, "Artist") located at 1433 Yosemite Ave, San Francisco, CA 94124. WHEREAS, the City requires the services of an artist to create a work of art (hereinafter the "Artwork"), as more particularly described in Exhibit A, and incorporated herein by reference, in a public space located at Town Center Park, 17200 Collins Avenue Sunny Isles Beach, Florida 33160 (Pad No. 3) (hereinafter the "Site"); and WHEREAS, the Artist is a professional artist whose work and qualifications make the Artist uniquely qualified to create the Artwork; and WHEREAS, the City has selected the Artist based upon the Artist's work and qualifications; and WHEREAS, the Artist and the City wish to enter into an Agreement subject to the terms and conditions set forth therein; NOW, THEREFORE, in consideration of the above -stated premises and subject to the conditions hereinafter set forth, the parties agree as follows: Article 1. Scope of Services 1.1 Artist's Obligations a. The Artist shall perform all services and furnish all supplies, material and/or work equipment as necessary for the design, permitting, fabrication, transportation and installation of the Artwork ("Services"). Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. b. The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, consistent with the Artwork renderings and plans set forth in Exhibit A, subject to review and acceptance by the City, as set forth in this Agreement. c. The Artist shall prepare the design concept and permit -ready plans described in Section 1.3 and Exhibit A of this Agreement. Permit -ready plans shall include but are not limited to structural, plumbing, mechanical and electrical components. d. The Artist shall consult with the City's designated landscape architect to incorporate Artist's plans into the final permit set of the City's planned park improvements. As used herein, the term park improvements refers to the City's planned Meditation Garden ("Meditation Garden"). e. The Artist shall make revisions as necessary to comply with all permit comments or requirements at no additional charge to the City. f. The Artist shall complete. the Services by the scheduled dates as provided in the Proposed Schedule/Timeframe, included in Exhibit A. g. The Artist shall arrange for the transportation and installation of the Artwork in coordination with City. If the Artist does not install the Artwork himself, the Artist shall operate as the Project Manager and supervise and approve the installation at no additional cost to the City. Prior to the installation of the Artwork, the Artist shall inspect the Site to ensure that it is in a condition to accept the installation of the Artwork and compliant with the specifications provided by the Artist. The Artist shall notify City, in writing, of any perceived conflict, defect or non-compliance of the Site with the specifications. Said notice shall specifically identify and describe the perceived conflict, defect, or non-compliance. The Artist's failure to notify the City of any issues with the Site, or Artist's failure to inspect the Site, shall be deemed as an acceptance of the Site conditions by Artist. h. The Artist shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in performance of this Agreement. i. The Artist shall provide required insurance in the amounts and limits specified in Article 5 and Exhibit C, which is attached hereto and incorporated herein by reference. j. The Artist shall inform the City of the progress of each phase of work completed under the Agreement in the form of photographic documentation and written description as set forth in Exhibit B, which is attached hereto and incorporated herein by reference. 1.2 City's Obligations a. The City shall assign a Project Coordinator to work with the Artist during the duration of the Agreement. b. The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other existing relevant data, if any, which is needed by the Artist in order to provide the Services. The Project Coordinator will facilitate Artist's application for any permits required to perform the Services. c. The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations, and prior to Artist's development of design, shall provide to the Artist in writing an explanation of any specific limitations imposed by such laws and/or regulations that may impact the Artwork or its installation. d. The City shall prepare the Site in accordance with the specifications detailed in the approved and permitted design concept in Section 1.3 of this Agreement. The City shall be responsible for all expenses, labor and equipment to prepare the Site for the timely transportation and installation of the Artwork. The City shall complete the Site preparations by the scheduled installation date as provided in the Proposed Schedule/Timeframe included in Exhibit A, or shall contact the Artist in writing informing him or her of any delays. e. In the event that the City fails to prepare the Site in accordance with specifications as provided, or Artist is refused access to the Site as reasonably required, the Artist shall be excused from any delay occasioned by such failure of access or preparation, and the City shall be responsible for the cost of safe storage of the Artwork pending the rescheduled installation, as well as additional costs and fees incurred by the Artist (if any) occasioned by the delay. f. The City shall be responsible for any landscaping, structural or finishing modifications, and electrical supply and connection necessary to integrate the Artwork into the Site before and after its installation, in accordance with the specifications detailed in the approved and permitted design concept in Section 1.3 of this Agreement. g. The City shall provide and install a plaque on or near the Artwork containing a credit to the Artist and a copyright notice substantially in the following form: Copyright Michael Szabo, date of publication. if the plaque is to be placed on the Artwork or Artwork pedestal, it should be done in consultation with the Artist. 2 h. The City shall not permit any use of the Artist's name or misuse of the Artwork which would reflect discredit on the Artist's reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within the City's control. 1.3 Design a. Concept/Schematic The Artist submitted a design concept/schematic (the "Conceptual Design") which was selected and approved by the City, consisting of colored drawings or computer- generated color images (in plan and elevation). The Conceptual Design shall be attached to this Agreement as Exhibit A. b. Preliminary Design Within thirty (30) days after the execution of this Agreement, the Artist shall submit a Preliminary Design to include digital mock-ups, how it will be installed at the Site, color and materials samples, proposed fabrication methods, and the maintenance and preservation instructions ("Preliminary Design"). c. Approval Within thirty (30) days after Artist submits the Preliminary Design to the City, the City shall notify the Artist if the City requires any revisions to the Preliminary Design in order to comply with any applicable laws, ordinances and/or regulations or for other reasons including, but not limited to, ensuring the physical integrity of the Artwork or its installation at the Site. If agreed upon by both parties, such revisions will become a part of the Preliminary Design. Notwithstanding the thirty (30) day limitation set forth in Section 1.3(c) herein, should the next available City Commission meeting occur beyond the thirty (30) days, then the thirty (30) day time limitation shall be automatically extended until such time as the City Commission meeting occurs. d. Final Design/Construction Documents Upon approval of the Preliminary Design by City, Artist is authorized to proceed with the final design which shall include the following: i. any amended versions of drawings, renderings, maquettes, plans or finish samples included in the Preliminary Design; ii. engineered drawings of the Artwork's structural components, fabrication and installation methods, which must be signed and stamped by licensed design professionals/engineers; and iii. detailed drawings, plans and/or written descriptions of all work to be done on or to the Site by the City before and after installation of the Artwork, including but not limited to, initial surveying and geotechnical soil reports, leveling and landscaping, forming and pouring of concrete slabs, preparation of pedestal, walls, electrical & plumbing sources and finish landscaping/integration. ("Final Design"), which shall become Exhibit D to this Agreement. 1.4 Budget and Payment Schedule a. Budget i. The Artist's budget, is attached hereto as Exhibit A-2, is inclusive of all goods, services and materials with such costs itemized, and is the fixed compensation amount for the Artist to provide the Services ("Budget"). ii. Except as provided in 1.2e above, if the Artist incurs costs in excess of the amounts listed in the Budget, the Artist shall pay such excess from the Artist's own fields unless the Artist obtains approval in writing for such additional costs from the City. b. Payment Schedule Artist's completion milestones and payment schedule is as set forth in Exhibit B, Budget and Payment Schedule. 1.5 Fabrication Stage a. The Artist shall fabricate and install the Artwork in substantial conformity with the Final Design. The Artist may not substantially deviate from the approved Final Design without written approval of the City. b. The Artist shall notify the City in writing when fabrication of the Artwork has been completed, and that the Artwork is ready for delivery to, and installation at, the Site. c. The City shall promptly notify the Artist of any delays impacting installation of the Artwork. Any additional costs incurred by the Artist due to any delays within the reasonable control of the City shall be borne by the City except where the delay is caused by the Artist. 1.6 Installation a. Upon completion of fabrication, the Artist shall deliver and install the Artwork to the Site in accordance with the Proposed Schedule/Timeframe included in Exhibit A, Preliminary Design. b. The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. c. The Artist is responsible for timely installation of the Artwork. Artist may not install the Artwork until obtaining written authorization from the City. d. If the Artist does not install the Artwork himself, the Artist shall operate as the Project Manager and be present to supervise the installation of the Artwork. e. Upon completion of the installation, the City shall have fifteen (15) days to provide acceptance in writing, or to inform Artist of the reasons the Artwork does not conform to specifications. If the City fails to provide written acceptance of the Artwork or reasons why the Artwork is not acceptable within the fifteen (15) day time limitation set forth herein, the Artwork shall be deemed accepted and become the property of the City, and upon acceptance the City assumes liability for any damage to the Artwork or injury to persons or property caused by the Artwork or any activity related to the Artwork. Notwithstanding the foregoing, the Artist shall be liable for any damage to the Artwork or injury to persons or property caused by the Artwork or any activity related to the Artwork as a result of the Artists failure to comply with Section 4.2. f. Upon completion of the installation of the Artwork, the Artist shall provide the City with written instructions for the future maintenance and preservation of the Artwork. The City is responsible for the proper care and maintenance of the Artwork after acceptance of the Artwork. 1.7 Completion a. The Artist shall notify the City in writing when all Services as required of both Parties by this Agreement have been completed in substantial conformity with the Final Design and contract documents. b. Title to the Artwork passes to the City upon completion of installation of the Artwork, written acceptance by the City, and final payment by City to Artist ("Final 4 Acceptance"). Article 2. Terms of Agreement a. Duration This Agreement shall be effective on the date that this Agreement has been signed by both parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until Final Acceptance by the City under Section 13(b), or submission of final payment to the Artist by the City pursuant to the terms of Exhibit B, whichever is later. b. Force Majeure The City shall grant to the Artist a reasonable extension of time in the event that conditions beyond the Artist's control render timely performance of the Artist's services impossible or unduly burdensome ("Force Majeure Events"). Force Majeure Events are limited to the following events: (i) acts of god, fire, flood, storm, earthquake, tidal wave, sabotage, war, military operation, terrorist attack, national emergency, civil commotion, strikes, or any other similar cause beyond either party's reasonable control and (ii) such Force Majeure Event is beyond such party's reasonable control. All such performance obligations shall be suspended for the duration of the Force Majeure Event. Both parties shall take all reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfill contractual obligations due to a Force Majeure Event will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of such conditions. Article 3. Risk of Loss The Artist shall bear the risk of loss or damage to the Artwork until installation of the Artwork. The Artist shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. The City shall bear the risk of loss or damage to the Artwork after delivery to the Site, but prior to Final Acceptance, only if, during such time, the Artwork is in the custody, control or supervision of the City, or its agent(s) for the purposes of storing, installing or performing other services to the Artwork. Article 4. Artist's Representations and Warranties 4.1 Warranties of Title The Artist represents and warrants that: a. the Artwork is solely the result of the artistic effort of the Artist; b. except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person; c. the Artwork (or duplicate thereof) has not been accepted for sale elsewhere; d. the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement; e. the Artwork is free and clear of any liens from any source whatsoever; f. all Artwork created by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others shall be wholly original with the Artist and shall 5 not infringe upon or violate the rights of any third parry; g. the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement; h. all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc, and with all necessary care, skill, and diligence; and i. these representations and warranties shall survive the termination or other extinction of this Agreement. 4.2 Warranties of Quality and Condition a. The Artist represents and warrants that all Services will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Artwork) for two (2) years after the Final Acceptance of the Artwork by the City. b. The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation instructions submitted by the Artist upon completion of the Artwork. c. If, within two years, the City observes any breach of warranty described in this agreement that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness. d. If, after two years, the City observes any breach of warranty described in this Agreement that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert. The foregoing warranties are conditional, and shall be voided by the failure of the City to maintain the Artwork in accordance with Artist's specifications and the applicable conservation standards. Article 5. Insurance 5.1 General a. The Artist acknowledges that until Final Acceptance of the Artwork, any injury to property or persons caused by the Artwork or any damage to, theft of, vandalism to, or acts of God affecting the Artwork are the sole responsibility of the Artist, including, but not limited to, any loss occurring during the creation, storage, transportation, delivery, or installation of the Artwork, regardless of where such loss occurs. b. Terms for the procurement and duration of insurance are provided in Exhibit C. c. Required insurance policies are described in Exhibit C. 5.2 Indemnity a. The Artist shall indemnify the City, its respective officers, agents, and employees, from any claims brought arising out of the Artist's breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the Artist, its subcontractors, agents or employees. b. The City shall indemnify the Artist, Artist's subcontractors, agents or employees from any claims brought arising out of the breach of this Agreement or any negligent occurrence which occurs pursuant to the performance of this Agreement by the City, its respective officers, agents, and employees. c. Each Party shall immediately notify the other of any written claim regarding any matter resulting from or relating to the Party's obligations under this Agreement. Each Party shall cooperate, assist, and consult with the other in the defense or investigation of any such claim arising out of or relating to the performance of this Agreement. d. The indemnification shall include reasonable attorneys' fees and costs. e. This indemnification shall survive the termination or expiration of this Agreement. f. Notwithstanding any provision of this Agreement to the contrary, no Party shall recover from a Party to this Agreement in an action, of whatever nature, in contract or tort, any consequential or incidental damages, lost profits, or any type of expectancy damages. g. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes, Article 6. Ownership and Intellectual Property Rights 6.1 Title Title to the Artwork shall pass to the City upon Final Acceptance. 6.2 Copyright Ownership The Artist retains all rights under the Copyright Act of 1976, 17 U.S.C. §101 et seq., as the sole author of the Artwork for the duration of the copyright. 6.3 Reproduction Rights a. The Artist grants to the City and its assignees an irrevocable license to make two- dimensional reproduction of the Artwork for non-commercial purposes, including, but not limited to, reproductions used in brochures, media publicity, and exhibition catalogues or other similar publication provided that these rights are exercised in a tasteful and professional manner. Non-commercial purposes shall also include the City's use of Artwork on free merchandise used as promotional gifts, that are not for sale or resale. b. All reproductions by the City shall contain a credit to the Artist and a copyright notice in substantially the following form: © Michael Szabo, date of publication. c. The Artist shall use his best efforts in any public showing or resume use of reproductions of the Artwork to give acknowledgment to the City in substantially the following form: "An original artwork owned and commissioned by the City." d. If the City wishes to make reproductions of the Artwork for commercial purposes including, but not limited to, tee shirts, post cards and posters, the Parties shall execute a separate agreement to address the terms of the license granted by the Artist and the 7 royalty the Artist shall receive. Article 7. Artist's Rights 7.1 General a. The Artist retains all rights under state and federal laws including §106A of the Copyright Act of 1976. b. The City agrees that it will not intentionally alter, modify, change, destroy or damage the Artwork without first obtaining permission from the Artist, which permission shall not be unreasonably withheld. The City further agrees to take reasonable measures to protect the Artwork from distortion, mutilation, or modification that would prejudice the Artist's honor or reputation, pursuant to the Federal Visual Artists' Rights Act. c. If any alteration or damage to the Artwork occurs as a result of the gross negligence of the City, or any other cause that the City is unwilling to have repaired, the Artist shall have the right to disclaim authorship of the Artwork in addition to any remedies he/she may have in law or equity under this Agreement. Upon written request by the Artist, the City shall remove the identification plaque and all attributive references to the Artist at its own expense within thirty (30) days of receipt of the notice. No provision of this Agreement shall. obligate the City to alter or remove any such attributive reference printed or published prior to the City's receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Artwork. 7.2 Alteration of Site or Removal of Artwork The City shall notify the Artist of any proposed. significant alteration of the Site that would affect the intended character and appearance of the Artwork. The City shall consult with the Artist in the planning and execution of any such alteration. The City shall make a reasonable effort to maintain the integrity of the Artwork. The City agrees not to arbitrarily remove or relocate the Artwork without first obtaining the Artist's express permission to do so. The Artist shall not unreasonably withhold approval of removal or relocation of the Artwork. Should the Artist agree to such removal or relocation of the Artwork, the Artist shall provide the City with written handling instructions. In the event that the Artist is deceased or unable to otherwise give his consent, the then current holder of the copyright of the Artwork shall not unreasonably withhold permission, keeping in mind the intentions of the Artist at the time of commission and fabrication. The Artist, or then current holder of the copyright of the Artwork, shall provide the City written notice of a copyright transfer or copyright assignment affecting the Artwork. Article 8. Artist as an Independent Contractor The Artist agrees to perform all Services under this Agreement as an independent contractor and not as an employee of the City. The Artist acknowledges and agrees that the Artist shall not hold himself out as an authorized agent of the City with the power to bind in any manner. The Artist shall provide the City with the Artist's Tax Identification number and any proof of such number as requested by the City. Hl- Article 9. Assignment of Artwork The work and services required of the Artist are personal and shall not be assigned, sublet or transferred. Any attempt by the Artist to assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect unless prior written consent is given by the City. The City shall have the right to assign or transfer any and all of the City's rights and obligations under this Agreement, subject to the Artist's consent, if ownership of the Site is transferred. In the event that the Artist refuses to give consent, this Agreement shall terminate. Article 10. Termination a. The City may terminate this Agreement without cause upon 60 days written notice to the Artist. The City shall pay the Artist for services performed and commitments made prior to the date of the termination, consistent with the schedule of payments set forth in Exhibit B of this Agreement. The Artist shall retain possession and title to the plans, drawing, designs, maquettes, and models already prepared and submitted or prepared for submission to the City by the Artist under this Agreement prior to the date of termination. b. If either party to this agreement shall substantially fail to perform in accordance with the material terms of the Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have 30 days after the effective date of the notice to cure the default. If it is not cured by the 30"' day, this Agreement shall terminate. In the event that the Agreement is terminated by the City for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Article 10(a) and the provisions of Article 10(a) shall govern. c. If the Artist defaults for cause as set forth in Article (10)(b) , the Artist shall return to the City all Rinds remitted to the Artist under the Agreement unless the City has received the Artwork and Artist's remaining obligations can be completed satisfactorily by the City or a third party, in which case Artist shall not be obligated to return all funds previously remitted to him, but Artist shall be responsible for any costs in excess of the Budget which shall be promptly paid by Artist upon receipt of documentation of such excess costs. If the Artist defaults and the completed and fully satisfactory Artwork is not provided to the City, Artist shall return all City funds remitted to him under this Agreement, in addition to all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall be retained by the Artist. d. Except as otherwise provided herein, upon notice of termination, the Artist and his subcontractors shall immediately cease all Services. Article 11. Death or Incapacity a. If the Artist becomes unable to complete this Agreement due to death or incapacity, such death or incapacity will not be deemed a breach of this Agreement or a default on the part of the Artist for purposes of Article 10. E b. In the event of incapacity, the Artist shall assign his obligations and services under this Agreement to another artist provided that the City approves of the new artist and so agrees in writing. If the City does not agree, the City may elect to terminate this Agreement as provided for in Article 10(a). The Artist shall retain all rights under Article 6 and Article 7. The Artwork and any reproductions thereof shall contain a credit to the Artist and a copyright notice in substantially the following form: [Artist's name, date of publication]. c. In the event of death, this Agreement shall terminate effective the date of death. The Artist's heirs shall retain rights under Article 6 and Article 7. Article 12. Waiver The Parties agree that a waiver of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. Article 1.3. Conflict of Interest The Artist and City shall avoid all conflicts of interest or appearance of conflicts of interest in the performance of this Agreement. Article 14. Arbitration and Attorney's Fees If any dispute arises between the parties based upon the subject matter of this Agreement, each party agrees to submit to arbitration upon the request of the other Party. The prevailing Party in any arbitration or court action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs from the non -prevailing party. Notwithstanding any provision of this Agreement to the contrary, any damage award to a Party on account of a Party's breach of this Agreement, with the exception of the Artist's duty under Article 6 to procure and maintain insurance, shall not exceed an amount equal to the sum of the payment in Exhibit B. Article 15. Amendments No alteration, change, or modification of the terns of this Agreement shall be valid unless made in writing and signed by both Parties hereto. Article 16. Conflict with the Law If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall be held by a court of competent jurisdiction or arbitration panel to be in conflict with the laws, rules and/or regulations of the United States or the State of Florida, invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated 10 thereby to the extent the remainder of the terms, covenants, conditions or provisions of this Agreement are capable of execution. Article 17. Choice of Law This contract shall be governed by the laws of the State of Florida both as to interpretation and performance. Article 18. Entire Agreement This Agreement, including the exhibits, comprises all of the covenants, promises, agreements and conditions between the Parties. No verbal agreements or conversation between the Parties prior to the execution of this Agreement shall affect or modify any of the terms or obligation. Article 19. Public Records The Artist shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the Artist and this Agreement are subject to the requirements in Section 119.070 1, Florida Statutes, the Artist shall: (a) keep and maintain public records required by the City to perform the services provided hereunder; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law for the duration of the term of this Agreement and following completion of this Agreement if the Artist does not transfer the records to the City; and (d) upon completion of the Agreement, transfer, at no cost, to the City all public records in the possession of the Artist or keep and maintain public records required by the City to perform the service. If the Artist transfers all public records to the City upon completion of the Agreement, the Artist shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Artist keeps and maintains public records upon completion of the Agreement, the Artist shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. If the Artist fails to comply with the requirements in this Article 19, the City may enforce these provisions in accordance with the terms of this Agreement. If the Artist fails to provide the public records to the City within a reasonable time, it may be subject to penalties under Section 119. 10, Florida Statutes. IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE ARTIST SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY TELEPHONE (305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR 11 MAIL (CITY OF SUNNY ISLES BEACH, OFFICE OF THE CITY CLERK, 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FLORIDA 33160). IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above. CITY OF ISLES BEACH ARTIST BY: Larisa Svechin, Mayor Michael Szabo nntP F i �A B APP AS TO RM LE I CY BY: Edward A. Dion, City Attorney \I-,-- 12 /- ;lerk 12 Date Exhibit A Preliminary Design (See attached: Exhibits Al -A3) • Al - Renderings, schematic plans • A2 — Budget breakdown • A3 — Schedule / Timefiame 13 Exhibit B Budget and Payment Schedule The City shall pay the Artist a fixed fee of $150,000, which shall constitute full and complete compensation for all the services performed and material furnished by the Artist under this Agreement. Payment shall be made in accordance with the following milestones: a. $45,000 (30%) upon the execution of this Agreement. b. $30,000 (20%) upon completion of 1/3 of the fabrication process (determined by the Artist). c. $30,000 (20%) upon completion of 2/3 of the fabrication process (determined by the Artist). d. $30,000 (20%) upon full completion of fabrication and notification to the City by the Artist, prior to delivery and installation at the Site e. $15,000 (10%) upon installation and notification of completion by the Artist as set forth under Section 1.7(a). Upon completion of each milestone, the Artist shall submit a written invoice to the City requesting payment. The Artist shall include documentation of work completed in the form of photographs and written descriptions to indicate completion of milestone. The City shall submit payment with in 10 days of receipt of invoice. 14 Exhibit C Insurance General a. The Artist shall procure and maintain for the duration of this Agreement, at the Artist's expense, insurance in the kinds and amounts as provided in this Exhibit with insurance companies authorized to do business in San Francisco, CA. Such insurance shall cover the Artist's agents, contractors, subcontractors or employees. The City, its officials, employees, agents and contractors shall be named as additional insured. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents and contractors. b. The Artist and the Artist's subcontractors' insurance coverage shall be the primary insurance as respects the City, its officials, employees, agents and contractors. Any insurance or self-insurance maintained by the City, its officials, employees, agents and contractors shall be in excess of the Artist's or the Artist's subcontractor's insurance and shall not contribute to the Artist's or the Artist's subcontractor's insurance. The coverage shall state that the Artist's or the Artist's subcontractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Prior to undertaking any work under this Agreement, the Artist, at no expense to the City, shall furnish to the City a certificate of insurance with original endorsements affecting coverage for each of the insurance policies provided in this Exhibit. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates must be current and the Artist must submit replacement or renewal certificates of insurance for all the policies expiring during the term of this Agreement. Each certificate shall clearly indicate that the Artist has obtained insurance in the type, amount and classification as specified in this Exhibit and that no material changes, cancellation, suspension or reduction in limits of insurance shall be effective except after 30 days prior written notice to the City. Each certificate shall indicate that the subcontractors are additional insureds or the Artist shall furnish separate certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including, but not limited to, naming the parties as additional insured. d. Subcontractor's Insurance: Artist shall require and verify that all subcontractors performing work under this Agreement maintain insurance meeting all of the requirements in this Exhibit. Artist shall further ensure that City is an additional insured on insurance required from subcontractors. In addition to all of the insurance requirements specified in this Exhibit, any subcontractor providing engineering services shall be required to provide Errors and Omissions Liability insurance, as more particularly set forth below. If any subcontractor's coverage does not comply with the requirements set forth herein, Artist shall defend and indemnify the City from any damage, loss, cost, or expense, including attorneys' fees, incurred by the City as a result of subcontractor's failure to maintain required coverage: 1. Errors and Omissions Liability. Errors and Omissions Liability insurance with minimum coverage limits of $1,000,000.00 each occurrence. Artist acknowledges that the City is relying on the competence of the Artist to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Artist's negligent errors and omissions, Artist shall promptly rectify them at no cost 15 to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. e. Despite any changes to or cancellation of insurance, the Artist remains responsible for maintaining the required insurance coverage for the duration of the Agreement. f. Failure of the Artist to comply with any of the terms of this Article 5 shall be considered a material breach of this Agreement and cause for its immediate termination. Insurance Policies a. Commercial General Liability insurance policy, written on an occurrence form, including all the usual coverage known as: 1. Premises and Ongoing Completed Operations — on a primary and noncontributory basis including waiver of subrogation on behalf of the City of Sunny Isles Beach. 2. products/completed operations 3. personal/advertising injury 4. contractual liability 5. broad -form property damage 6. independent contractor's liability Said policy must provide the following minimum coverage: 1. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. 2. $1,000,000 annual aggregate b. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: a. Owned Vehicles; b. Hired and Non -Owned Vehicles; c. Employers' Non -City ship. The Artist agrees to keep in good standing a valid driver's license at all times during the term of this Agreement. c. Transportation/Cartage insurance. Prior to shipment, the Artist must show the City that the artwork is insured independently or by the carrier during its shipment to the Site. d. Installation Subcontractor Liability. Prior to installation, the Artist must provide City with liability insurance certificate of any subcontractors involved in installation of the Artwork at the Site. e. Worker's Compensation Insurance & Employers Liability. Artist agrees to 16 maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute, Chapter 440, and where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Artist agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. f. Umbrella Insurance. Artist shall be required to purchase, maintain, and keep in full force, effect, and good standing, Umbrella Liability Insurance above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than Three Million Dollars ($3,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. g. Additional Insured: The Artist agrees to endorse the City as an Additional Insured on all policies set forth in this Exhibit C, and the City of Sunny Isles Beach, Contract Number, and Title, must appear on each Certificate of Insurance. All Certificates of Insurance must remain active during the term of the contract. h. Waiver of Subrogation: Artist agrees to provide a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Artist to enter into a pre -loss agreement to waive subrogation without an endorsement, then Artist agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Artist enter into such an agreement on a pre -loss basis. 17 Exhibit D Final Design :, EXHIBIT $'A" EXHIBIT "Bi" N't1C1-1AL'.LSGABOSTl_,Di0 Artist Statement of Interest [dear Selection Committee-. Throughout my carer, I have oNplored how art in public spaces can inspire and sareng,thon bonds between individuals, communities, and their surroundings. I draw my inspiration from the natural and human themes of a site, with an aim to create experiences of conte:mplution, curiosity, wonderment, and ,joy. A native: of the Hay Area, I earned my degree in Fine Art from Rhode Island School of Design. In 2001 I established Michael Szabo Studio in San Francisco, CA. The studio creates large-scale, site -integrated works that speak to the environments they inhabit. Over the past 16 years, I have been involved in over l{_1[_1 public and private commissions—both independently as well as in conjunction with architects, public art committees, and developers. Our projects require the studio to work closely with clients and collaborators from initial concept and design to fabrication and installation, In any approach to public art, I begin by examining the context of the site and its surrounding natural, historical, and cultural elements. Once I've established the vision for a project, I tivork with my in-house team on a holistic approach to design development and lubrication. Working predominantly in stainless steel and bronze, I also employ the use of elements such Das stone, glass, water; and landscape imcgration. Tho resultina uesthelic: and material language prompt u conversation between my works and the architecture or landscape of the spaces they engage with. Recent projects include: a 30' exterior public sculpture: along the National Husine ss Parkway in Jessup, MD, a large- scale water sculpture serving as the centerpiece of a newly renovated plaza) for a Palo Alto C'altrain station, and a 3 - story hanging atrium sculpture in a ccontu nporaan, reAdoncc. The studio is currently in progress on public cart projects for die City of Eau Claire, WI and the City of Pompano Beach, FL. In 2018, my studio completed a 33' sculpture and a 50' sculptural shades structure and seating arca along a walking Vail through the Municipal CcunpleX Or the City of Wyle,TY. By exploring the parallel between Wylie's cultural identity and its native eco -region, the pieces create a visceral experience for visitors by illustrating how elegantly the deep roots cif people and place can take the lead in defining change and growth into the future. The concept for these pieces was developed through research into the natural and cultured history of the region and ongoing dialogue will) the community and city staff. I see an exciting opportunity for a similar approach to your project. Through site visits and direct dialogue with community members and project collaborators, I will build an understanding; of the site arid its surrounding natural, historical, and cultural elements to inform my concept. l believe that public art is best carried out as a collaborative process between the artist, those commissioning the avork, sand those that will he experiencing it. It is important to ane that my work curnmunic:ates something to the people who live, work, play or learn in its presence white at the saute [line drawing its meaning frorn then). In this way, I believe that public art has the potential to reveal --and also, to deepen—the link between people, their con"Initlnity, and the spaccs, they call home. Sincerely, Michael Szabo 1433')'t15FiMlIE A'VF, SA4 1; RANCISC.'J. C::' 'J41_: :'Li. C,,T-,Iii ri.li5_Y' .,lS(1'd+'Iip �.C'CSMi 3C:',dCllil:=__Uet4 MIC;_HAELSZABOSTLJD [0 CURRICULUM VITAE SELECTED COMMISSIONS 2020 City of PomW* Bmh, FL— Cultural Arts Center public sculpture (in progress) City of Port St Lucie, FL —Roundabout public sculpture (in progress) 2fl19 City of Eau Claire; Wl — "Eddies" Haymarket Pla_a public sculpiure City of HigWand Park, 1L — "Ingress" 150 anniversarypublie sculpture 2018 City of Wylie, TX— "Entwine" and "Prairie Crossing" Ezteriorpublic sculptures Best Brand Pacas, Managua, Nicaragua — "Bloom" Exterior Public Water Sculpture Private residence, Palo Alto, CA - "'Current' Exterior Sculpture 2017 Private residence, Beverly Hills, CA— "Passage "Hanging atrium seulpirre Primate residence, Orlando, FL —Exterior water sculptum, & intedar sculpture North American Corporation, Glenview, IL — "prem" Lobby water sculpture 2016 Arnegy Bank Headquarters, Rouston, TX — "Twist'" interior lobby sculpture Private residence, Orlando, FL — Exterior water sculpture and interiorsculplure Private residence, Healdsburg, CA - "Millstone" Exterior watenvall�feature Private residence, Annapolis, MD - "Tendrils" Hanging atrium sculpture 2015 City of Palo Alto, CA - "Confluence" Public waterfeahrre U�rner Enterprises, Tysons Courier, VA - " Incamblum " Lobby water -sculpture Lerner Enterprises, Tysons Corner, VA - "Equipoise' Lobbysculpturve Private residence, Bedford, NY - "Pare"Interior watersculptare 2014 PriceWaterhouseCoopers,Houst(m,TX- "Grasps " Lobby sculpttrre Choice Hotels, Rockville, MD - Exterior courtyard water featrrm Private, residence, Atlanta, GA - Exterior water sculpture 2013 Private residence, Northfield,, 1L - ".Pare" Interior water sculpture TGS, Houston, TX - "Drawing Machine " Dobby Atrium Seulphrre Private residence, Los Altos Hills, CA - Sculptural chimney,"(lute & hvcrd Private residence, Los Altos, CA - Exterior waterfeature 2012 COPT, Jessup, ASD-"Interplace" Exterior PubAcscWpturre AMLI Northpoint Residences, Atlanta, CA- "Decant" Lobby water sculpture Private residence, Park City, UT - "Scaserfall " interior sculpture with lighting 2011. Private residence, Highland Park, 1L - Integrated watersaulptum, landscape master plan Stanford University Faculty Housing, Stanford CA -Integrated wruerfeature 2410 Margo Building of Santana Row, San Jose, CA - Serres of lobby wait sculpiums Private rresideace, San Francisco, CA - Commissioned interior sculpture Private residence, San Diego, CA - Interior cast bronze water sculplute 2009 private residence, San Francisco, CA - Sit"pecrfic ulterior sculpture Private residence, Paley Alto, CA - Site -spec f c exterior sculptures & water seulphrre 1433 YOSEmrrE AVE_ SAN ERhN .1500, CiA 94124 4C5,o7 1,22(?7 1NF0@),;Z 9(.)WC)RK5.00m EYWW.5ZRLS0W0F KS1C0P.t ilrlIt_HAFC.SGABOSTUDI() Private commission, Lawrance, KS - Commissioned rrlt4rrUr ,5c2rfp)tt11c 2008 Mitchell Park, City of Palo Alto, CA - "Ar clr C'r rrrffe "Sr'te-spx�clj'pc p)rrl�lic srrrlp)trar� SELECTED EXT iBiTIONS 2020 An iwlarket San Francisco, San Francisco, CA - 0A-gv Sprark Gatla?ry Art Wynwood, Miami, FL — t]krry Vjm)k Gallery Palm Beach \dodern & Contemporary, Test Pahn Beach, FL — Oke y,Sp)ar°k Gauer 2019 Art New York, New York, NY — 0kr %, ,5p)ar , Gallt'ry Art Wyn�vood, illlami, FL — 01( y Spark Gallen a� Alt Palm Beach, West Palm Beach, ISL — Okrty Spark Gallery SOFA, Chicago, IL — Okay Spark Gallery 2013 Art Palm Beach, West Palm Beach, Fl, — OAgv Spark Golle).9' Art Aspen, Aspen, CO — Okay Spark Gallen v SOFA, Chicago, IL — Okay Spark Gallery 2017 Art Palm Beach, West Palm Keach, FL. — Oki, Gulle)�y An Boca Raton, Boca Raton, FL — 04-rty Spark Gallery SOFA, Chicago, IL •- Okuy Spark t`"allvy 201=1 Room & Board, San Francisco, CA 2013 Palm Springs Art Muscum, Palm Springs, CA 2010 San Francisco hMuscum of CraII & Resign American Craft Exposition, Evanston, ll_ EDUCA`T'ION 2002 Rhode Island School of Design, Providence, RI - Bachelor o;•Flue Arts, Sculprrrre 2000 California College of Arts and Crafts, Oakland, CA LECTURES fit. PANELS 2018 Palo Alto Public Art Commission -- Public Art Selecdon co mrriitc:e ,Herber 2008 Palo Alto Art Center, Palo Alto. CA- Guest Sprearker• & Panelist, &Hv Leetrav Series SELECTED PUBLICATIONS 2M CODA Magazine: Suspended in Space, feature - May 2015 2015 Dwell Magazine -eluate 2015 2014 American Craft Magazine - l ebruary ON 2009 Inside City Limits studio visit Sk interview - Airvd August 12, 2009 San Via ncisco Examiner - ArrSrrst 11, 2009 San Francisco Chronicle - August J. 2009 American C=raft Magaxine - Xley 2009 2003 Palo Alto Weekly-Angust 1, 2008 2007 Palo Alto Weekly - S'epterr bor• 6, 200 Home and Design Magazine - October 2007 1 6..13 YoSLi-'� lI '.v1:' r.?l 1'P.,' i' :C V; LJ C:A 941_'4 •11..dlo"e 4''J1I:00i' .A;iSt.o-'J•r<:'H.: .l:a7t41 Y e�f �Z I 1 1 V I. P� l jlL 1 �n r TINDlt1L5 Scoi»lsi� 5ac1,12x 7x 7' 1 1 C I I A L L S Z A B Q S ], .i• 1) 14 } 016,AmnapWis,NID 14:7Y+awalccAvr,San Fr"6cci,CA 9412-1 F'riVatclyCnnnrnissianad ,115/679.2267 lnfoQa�gab�+rks.s�m im-w. s ra ba,,vo dd. 4vim �r��,G F�`��„�a��$ $'L q�{� �'��„j,., i. Ii 6E �F``F(� � �•. l � • � 1 x g� Xkf e�, � su%, � ;,� q��.. �. R5 r4 yr .ryf'.�tas ��•. - V114 .(f'q��•• � f t 14 1 F �+ c„ is t• ql 1� 1 J ` , � 1• <I 3 z 1 C �nLAW. ✓+ ' J i .'r r fppt �� a i 1 r�1 V �r", h ,y ti•� :s 1 t 9 s d� d •t 1: t ff •� I ��� �� � � lc r�r � r r � � � I ! -} 1 p r l d Jy'1•� r 7 �.. tl }� �4 - 1� _• sem.,- ��k � i A j - -'f q YYY �i 6 S �,i�„tilt' I� �� i �a� �I�� •ill' I ll l,;�` 4 Iry Oil l��l I 1 1 9 I }, �r �y 1 � I rt � - �I •#{ �i^''i' 11� ',r -- , f 1 1 � t � � s-” �"'1+`+q r¢` i ��t 4in AY �`� •�v�12�. �' „ Xl A 5 *r y �f��� •a`a s � `�,,�=fit . � �� � '�.r�� ya�' ,+' 3`i-,,'�y' �`�c^I'�- r -` ,.� 07 } t ' Gnrail - Fwd: Water Sculpture for Sunny Isles Beach Meditation Garden r Fwd. Water Sculpture for Sunny Isles Beach Meditation Garden Lynn Dannho-lssor <Idannhelsser@grriail,aom? Ta. Lynn Dannhelssar <Iynnodannheisser4aw.com} Forviaeded message Mike Szabo -emike@szaboworks.conTx Date; Thu, Sep 17, 202or at 2:31 PM Subject: Ike: Water Sculpture for Sunny Isles Beach Meditation Garden To., Lynn Dannhelsser <IdanntwOsserogrnail,com�- HI Lynn, 0129n4, 10:59 AM Thu, Sep 17, 2020 at 3;05 Phl Below are details on both the available fountains. In my opinion, 7Wist would be a holier fit for this site as it has more height and also because the free failing sheet of water in Reach can be sensitive to wind In outdoor environment, Note that the particular pieces I have available are slightly different from those on my website, and have attached Images and video from an exhibit of the actual pieces we have below. A key difference with Trvfsf is that the base is a matching bronze rather than stainless steel. Beth of these pieces are freestanding, plug into a standard cutlet and operate sett contained and recirculating. For Installation In a public salting. I would recommend hardwiring the pump to a secured switch or automatic tuner, andtor plumb a water source wrath autolitl valve. These will add some additional cast depending how time go about it {I wauN estimate not more than $5K additional}, Pricing below is for the freestanding places as is (not Including retrofit or Installation as described above), It does include detailed installation, aperalfon and maintenance instructions and a 1 year warranty, As I told you in our conversation, my studios focus is an site specific commissioned works, but for the budget range you indicated I think these edition pieces are tate best fit, however, if there is any room In the budget I would be happy to explore something more unique to this space and to Sunray Isles aeach. Let rine knovi ii yo!d like to discuss this or if you have any other questions about these pieces or need anything else for your presentation to the committee, Best, Mike SZABO 143.3 Yosenite Awe, San FrnWsrrl_ CA 4452. 415.671.2267 www uab,5mns.rnm Twist Branae 95" tall x 27" x 27' $38.000 (+ estimated shipping to Fi: $2,500) T`oVtST VIDE[) 11UPS-11Mail,9009le,cQmJmailjuf1I?ik=d076543,371&vlew,=pl&search=.,.=msg-f%3A167910B13590F1743104&simpl=m$g-f1.3A1B781D9135904174 104 Rage 1 of 8 Gmall FVrd: Water Sculpture for Skinny Islas Beach Meditation Garden 9129124, 10:59 AM t fa7 a Ile -a allm Gmall - Fwd; Nater Sculpture for Sunny Isles Beach Medltatdoin Garden 9124120, 10;55 AM Reach Bronze & Stainless Steel 34'VV x 32"D x 58'M 540,000 (+ estimated shipping to FL: $$2,000) RZACHI VIDFID 0 https:l;read,guOgle,COMIIIIOIIIu117ik=dO78543371&View=pR&giaarch=.,.=msg-f%3A$G781091359087431 4&s inpl=msg•f%3AIG78105135308743104 Page 3 of 6 Gmall - and A #deur for Sunny aeBeach mq«m Garden I $2$20, + q A «m$ G« w f� Amamaa#d _�m&_ma,, q.q#,#mq@agk%@kklm m gklg«#,a*9g»4 Page 4ya \}�. �.... . »© «m$ G« w f� Amamaa#d _�m&_ma,, q.q#,#mq@agk%@kklm m gklg«#,a*9g»4 Page 4ya \}�. �.... . «m$ G« w f� Amamaa#d _�m&_ma,, q.q#,#mq@agk%@kklm m gklg«#,a*9g»4 Page 4ya Gmail - Pwd: Ulster Sculptura tar Sunny Isles 8aach Mleditation Garden 9129120, 10:59 AM https.jjmail.google,corn/maillu/l? k=d078543371&VIew=itt&searehn.,. al 59-f%3A 167 81 091 3590874 3104&simpI=msg-1% 3A1078109136908743104 Page 5 Df a Gmall Water Sculpture for Sunny Isles Beach Meditation Garden $129120, 11100 AM email - Water Sculpture for Sunny Isles Beach Medltotton Garden �V MOM, 11:00 AM W &, Ga W- �+ O N 9i Vt .'� 4+ :' +� f' F� N� 5a V {li Sa �_ �� { � '? M �' 4 �Ql y gym rU' �G; Vi O O "` m M LL OR .......... co Zt FV co W CL N N C L) (D -- -- ----- -- Gmail - Water Sculpture for Sunny Isles Beach Meditation Garden Water Sculpture for Sunny Isles Beach Meditation Garden Mike Szabo <rnIke@szaboworks.aoms To: Idannheisser@gmall.com 9129120r 11:09 AM Tue. Sep S, 2020 at 3:50 RM K Lynn, Thanks sit much for reaching auk on Filday with interest in my work, It was nine chatting and learning about your work with Sunny Isles Beach. Betow are two of my edition water sculptures that are currently available and could work in the $40K budget range you indicated to me. They are self contained recirculatfon places whIch could be retroNtted to a water source for reduced maintenancerrefilting, As I mentioned. we Currently have 3 public art projects in South Florida and I am finalizing plans for Install In the next few months. So if the city decides to go forward we maybe able to save on shipping by sending one of these pieces along. i will also be back there next year and beycmd so we ;ould arrange for install once the space is ready. Let ma know If you would like any more info or have any other questions. VNether on this project or another in the future, I look forward to the opportunity to work together_ Bent, Michael Szabo SZABO 1433 Yaarnile Aar, San Frandara. CA 94124 415,671,2267 wvmi.szabaworks.com Twist Iittos;jfnaaii.googla,comimait/uio?ik=93a01c7B71&viouf=pt&search._.g-a%3Ar8213410g3S485044310&simpt=msg-a%$Ara7g$860637{}9516936 Page A 4f 16 y.F1.9 r oc •FY.O � Q44. rk av say+ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Christopher J. Russo, City Manager FROM: . Lynn Dannheisser, Cultural Master Plan Consultant DATE: October 21, 2021 RE: Agreement with Szabo Artworks, Inc. for Artwork at Meditation Garden RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: Through Resolution Number 2020-3029, the City Commission approved the conceptual design for project named Meditation Garden at Town Center Park. This conceptual design included two ari sculpture pads, one of which was designed to be a reflecting pool with sculpture. The Public Ari Advisory Committee researched and reviewed several artists that could design and build both a fountain and a sculpture as one seamless piece within the allotted budget. Artist Michael Szabo of Szabo Artworks, Inc. proposed a custom sculpture that would float on a plintl of water for this park. He has completed several projects in the South Florida area and is familiar with our building codes and regulations. He will work closely with our Landscape Architect to ensure thal all elements such as plumbing, electrical, drainage will all be included in the overall site design. The attached agreement provides for the design and engineering, permitted plans, and construction oversight for this complete fountain and custom sculpture for a total amount of $150,000.00 to be installed at the Meditation Garden at Town Center Park. ADDITIONAL INFORMATION: This design was presented and discussed at the Joint Workshop between the City Commission and the Public Art Advisory Committee on June 15, 2021, and is being formally brought to you now foi approval of the agreement with the artist Michael Szabo. ATTACHMENTS: Item Number: 10.1 Resolution Agreement Sculpture Rendering Item Number: 10.1