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HomeMy WebLinkAboutR-2025-033 Public Art Installation for C.W. Thomas Park- Faducci LLCRESOLUTION NO. 2025-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT FOR A PUBLIC ART INSTALLATION LOCATED AT C.W. THOMAS PARK WITH FADUCII, LLC FOR THE AMOUNT OF FIFTY-FIVE THOUSAND DOLLARS ($55,000.00) WHICH EXCEEDS THE ANNUAL VENDOR TOTAL THRESHOLD AMOUNT OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 2, Article 1, Section 2-10, “Monetary thresholds for certain purchases and payment disbursement authorizations”, Subsection (a), sets the monetary threshold or limitation at Fifty Thousand Dollars ($50,000.00) for a vendor each fiscal year that the contract is valid; and WHEREAS, the City’s Public Art Plan and the Code of Ordinances of the City of Dania Beach, Chapter 28, Article 811 entitled Public Art Program, Section 811-30(D) identifies the duties of the Public Art Advisory Board to include review and recommendation of public art to the City Commission; and WHEREAS, the Public Art Advisory Board met on January 27, 2025, and recommended approval of the proposed public art sculpture to be located at C.W. Thomas Park which was prepared by the artist known as Faducci LLC; and WHEREAS, the City’s Public Art Plan and the Code of Ordinances of the City of Dania Beach, Chapter 28, Article 811 entitled Public Art Program, Section 811-30(D) requires City Commission approval of public art, therefore this public art installation proposal requires City Commission approval; and WHEREAS, the City will maintain the public art in accordance with City’s Public Art Program maintenance standards, as delineated in Article 811 of the LDC, and the City shall budget the funds necessary to ensure proper maintenance; and WHEREAS, the City Administration is seeking authorization from the City Commission to enter into an Agreement with Faducci LLC to install a dolphin sculpture at C.W. Thomas Park, which Agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference, in the amount of Fifty Five Thousand Dollars ($55,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: 2 RESOLUTION #2025-033 Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission authorizes the proper City officials to execute an Artist Agreement with Faducci LLC for the installation of a dolphin sculpture at the property known as C.W. Thomas Park, as identified in Exhibit “A”. Section 3. That funding is appropriated and available within the Parks Masterplan Fund CW Thomas Project account no. 302-72-03-572-62-10. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on February 25,2025. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND FADUCCI, LLC FOR SERVICES RELATED TO THE INSTALLATION OF A SCULPTURE LOCATED AT C.W. THOMAS PARK This is an Agreement (the “Agreement”) entered into on _____________________, 2025 by and between the City of Dania Beach, Florida, a Florida municipal corporation, (the “City”) with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and Faducci LLC, (the "Artist"), with a mailing address of Post Office Box 923, Noth San Juan, California and an email address of info@faducci.com. In consideration of the mutual covenants, terms and conditions contained in the Agreement, and for other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: 1. The Project: The Artist will create, deliver and install a sculpture as located at C.W. Thomas Park, 100 Northwest 8th Avenue, Dania Beach (the “Project”). 2. Scope of Services/Deliverables: The Artist shall provide services for the Project described in Exhibit “A” of this Agreement. The rendering of the mural, previously provided by the Artist, is attached as Exhibit “B”. 3. Term/Commencement Date: This Agreement shall become effective on February 25, 2025 and shall remain in effect through February 25, 2026, unless earlier terminated in accordance with Paragraph 9. The City may extend the term of this Agreement up to an additional forty-five (45) days by written notice to the Artist. 4. Compensation and Payment: 4.1 The Artist shall be compensated an amount not to exceed Fifty-Five Thousand Dollars ($55,000.00) for the Project, payable in two installments of Twenty Seven Thousand Five Hundred Dollars ($27,500.00) at the start of the project and Thirty Two Thousand Five Hundred Dollars ($32,500.00) upon completion, 4.2 The Artist shall invoice the City in accordance with the schedule of payment shown above in subparagraph 4.1. 4.3 If a dispute should occur regarding an invoice submitted, the City Manager may withhold payment of the disputed amount and may pay the Artist the undisputed portion of the invoice. Upon written request of the City, the Artist shall provide documentation to support the invoice and a written summary of the documents provided, Any compensation disputes shall be decided by the City Manager whose decision shall be final. Page 2 of 10 5. Sub-Contractors: The Artist shall be responsible for all payments to any subcontractor and shall be responsible for all work related to the Project. There are no subcontractors proposed for this project, as the Artist has signed a waiver affidavit from the requirement for Worker’s Compensation. 6. City’s Responsibilities: The City shall be responsible for the foundation for the sculpture. Artist will provide to the City a template and drawings of the specification required for the foundation. 7. Artist's Responsibilities: The Artist shall exercise a high degree of care, skill, and diligence in providing services. If at any time during the term of this Agreement or within one year from the completion of the Project, it is determined that the Artist's deliverables are incorrect, defective or fail to conform to the Scope of Services, upon written notification from the City Manager, the Artist shall at Artists’ sole expense, immediately correct the work. 8. Conflict of Interest: To avoid any conflict of interest or any appearance of a conflict, Artist shall not, for the tern of this Agreement, provide consulting services to any private Sector entities (e.g., developers, corporations, real estate investors, etc.), about any issues adversarial to the City. For the purposes of this section "adversarial" shall mean any development application where City staff is recommending denial or denied the application, any administrative appeal or court action in which the City is a party. 9. Termination 9.1 The City Manager without cause may terminate this Agreement upon ten (10) days’ written notice to the Artist without cause, or immediately with cause. Artist may terminate with ten (10) days’ written notice to the CITY. 9.2 Upon receipt of the City's written notice of termination, Artist shall stop work on the Project unless directed otherwise by the City Manager. 9.3 In the event of termination by the City, the Artist shall be paid for all work accepted by the City Manager up to the date of termination, provided that the Artist has complied with the terms of this Agreement. 9.4 The Artist shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Project to the CITY, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 10. Non-discrimination: During the term of this Agreement, Artist shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, sexual orientation, or national origin, and agrees to abide by all federal and state laws regarding non-discrimination. Page 3 of 10 11. Attorneys Fees and Waiver of Jury Trial 11.1 In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2 In the event of any litigation arising out of this Agreement, each party knowingly, irrevocably, voluntarily, and intentionally waives its right to trial by jury. 12. Indemnification 12.1 Artist shall defend, indemnify, and hold harmless the City, its officers, agents, and employees, from and against all demands, claims, losses, suits, liabilities, causes of action, judgment, or damages, arising out of, related to, or any way connected with Artist's performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between the Artist and third parties made pursuant to this Agreement. Artist shall reimburse the City for all its expenses including reasonable attorney fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising out of, related to, or in any way connected with Artist's performance or non-performance of this Agreement. 12.2 The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives: Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand- delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the City: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach City Hall 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a Copy to: Eve A. Boutsis, City Attorney City of Dania Beach City Hall 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 For The Artist: Solomon Bassoff Faducci, LLC Post Office Box 923 North San Juan, CA 95960 Page 4 of 10 14. Governing Law: This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Broward County, Florida. 15. Entire Agreement/Modification/Amendment: 15.1 This Agreement contains the terms and conditions agreed to by the parties and supersedes any prior oral or written representations. 15.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits: 16.1 All records, diagrams, books, documents, maps, data, deliverables, papers, and financial information (Records) resulting from the Artist providing services to the City under this Agreement are the property of the City. 16.2 The City Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine or audit any Records of the Artist involving transactions related to this Agreement. 16.3 The City may cancel this Agreement for refusal by the Artist to allow access by the City Manager or his designee to any records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 16.4 All submissions are the property of the City and will not be returned to the Artist. The City will hold all submissions in confidence unless otherwise required by law. The Artist should be aware the City is a “public body” as defined in Florida Statutes, Section 119.011(2) and that it is subject to Florida Statutes, Section 119.0701(2)(a), and the related provisions of the Florida Public Records Law. 16.5 Artist agrees to keep and maintain public records in Artist’s possession or control in connection with Artist’s performance under the Agreement. Artist additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Artist shall 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 contract, and following completion of the contract until the records are transferred to the City. 16.6 Upon request from the City custodian of public records, Artist shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.7 Unless otherwise provided by law, all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with the contract are and shall remain the property of the City. Page 5 of 10 16.8 Upon completion of the contract or in the event of termination by either party, all public records relating to the contract in the possession of the Artist shall be delivered by the Artist to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Artist shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or termination of the contract, the Artist shall destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.9 Any compensation due to Artist shall be withheld until all records are received as provided in this Agreement. 16.10 Artist’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of the contract by the City. PURSUANT TO SECTION 119.0701(2)(A), 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 THE CONTRACT, THE ARTIST MUST CONTACT THE CITY CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Elora Riera, City Clerk Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: eriera@daniabeachfl.gov 17. Non-assignability: This Agreement shall not be assignable by Artist unless such assignment is first approved in writing by the City Manager. The City is relying upon the apparent qualifications and personal expertise of the Artist, and such firm's familiarity with the City's circumstances and desires. 18. Severability: If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Page 6 of 10 19. Independent Contractor: The Artist and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise, or venture between the parties. 20. Compliance with Laws: The Artist shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project. 21. Waiver: The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach, or wrongful conduct. 22. Survival of Provisions: Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement and shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees: The Artist warrants it has not employed or retained any company or person, other than a bona fide employee working solely for the Artist, to solicit or secure this Agreement, and it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Artist, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Counterparts: This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 25. Insurance Coverage: The Artist shall secure and maintain throughout the duration of this Agreement insurance of such type and in such amounts as required by the City Manager. Certificates of Insurance for any required insurance shall be provided to the City at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Commercial General Liability Limits of Liability (Minimum) • Bodily Injury & Property Damage Liability • Each Occurrence $1,000,000 • Policy Aggregate $2,000,000 • Personal & Advertising Injury $1,000,000 • Products & Completed Operations $1,000,000 Page 7 of 10 B. Endorsements Required – Include in body of COI and/or Description of Operations • “The City of Dania Beach, Florida” added as named “Additional Insured” II. Business Automobile Liability A. Limits of Liability (Minimum) • Bodily Injury and Property Damage • Combined Single Limit $300,000 • Any Auto/Owned Autos or Scheduled Autos • Including Hired and Non- Owned Autos • Any One Accident III. Workers’ Compensation / Employers’ Liability A. Workers Compensation Limits: Statutory – State of Florida – N/A B. Employers Liability Limits: N/A • $100,000 for bodily injury caused by an accident, each accident -N/A • $100,000 for bodily injury caused by disease, each employee- N/A • $500,000 for bodily injury caused by disease, policy limit – N/A Confirmation of exemption to the laws of the State of Florida or Exemption Form is required for businesses exempt from obtaining Worker’s Compensation coverage. Contractor has issued a waiver affidavit claiming Worker’s Compensation exemption due to being a sole proprietor with no subcontractors or employees. Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements. N/A No subcontractors Insurance Carrier Requirements: The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent. All policies or certificates of insurance are subject to review and verification by Risk Management. Companies authorized to do business in the State of Florida with the following qualifications shall issue all insurance policies required above. Page 8 of 10 Verification of Coverage: Proof of the required insurance must be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies. Certificate Holder: City of Dania Beach, HR/Risk Department 100 West Dania Beach Boulevard, Dania Beach, FL 33004 SIGNATURES ON THE FOLLOWING PAGES Page 9 of 10 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: ATTEST: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation ELORA RIERA, CMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM: EVE A. BOUTSIS ANA M. GARCIA, ICMA-CM CITY ATTORNEY CITY MANAGER Dated: ___________________, 2025 Page 10 of 10 WITNESSES: ARTIST: FADUCCI, LLC, __________________________________ _______________________________ SIGNATURE SIGNATURE _______________________________ _Solomon Bassoff PRINT Name PRINT Name ________________________________ SIGNATURE __________________________________ PRINT Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or by ☐ online notarization, on 2025, by Solomon Bassoff, Owner of Faducci LLC, a on behalf of the Company. They are personally known to me or have produced and _________________________, respectively, as identification. My Commission Expires Notary Public, State of California Print Name Faducci LLC Solomon Bassoff & Domenica Mottarella PO Box 923 North San Juan CA. 95960 530.913.9843 info@faducci.com Project Narrative for City of Dania Beach Community Center Faducci proposes two dolphins on top of a wave for the City of Dania Beach Community Center. The dolphins are mounted on a rock and wave form constructed of steel and pigmented concrete. The glass mosaic is an iridescent glass from Italy. The glass has a wonderful reflective character that is exciting to view during the daytime and very dramatic at night when lit up. • Physical Image: Faducci sculptures are constructed with a steel armature covered with hand-sculpted concrete. The dolphins will be concrete covered with iridescent glass and the wave form with be pigmented concrete. • Notations a. Texture of concrete is hand sculpted. Every surface is touched by the artist’s hand, which is reflected in the surface texture. b. Sculpture designed to be viewed from all angles 360 degrees. c. Interior steel coated to prevent rust and corrosion. d. Concrete is sealed for durability and graffiti resistance e. Pigmented integral color. f. All mosaic edges to be sanded g. All materials, sculpture and foundation design to meet hurricane code. h. Proposal includes design, execution, delivery and installation (not foundation) for budget amount of $55,000 • Dimensions: (approximate measurements) 8’ wide x 5’ deep x 12’ tall • Maintenance and Conservation Wash with water and nylon brush as needed.