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PSA Agreement with Edouard Duval Carrie
ZCIZZ —32334 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND EDOUARD DUVAL CARRIE FOR A TEMPORARY PUBLIC ART INSTLLATION AS PART OF ELEVATE ESPANOLA PROGRAMMING This Professional Services Agreement ("Agreement") is entered into this 12 day of October , 2022 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and EDOUARD DUVAL CARRIE, artist, whose address is 225 NE 59th Street, Miami,, FL 33137 ("Consultant" or"Artist"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism and Culture Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. ' Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305)673-7023. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit"A" hereto (the"Services"). 1 Although Consultant may be provided with a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: Brandi Reddick Cultural Affairs Manager City of Miami Beach 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 brandireddick@miamibeachfl.gov 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit A hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have a term of three (3) months from the date of project opening. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount not to exceed $95,000.00(the"Fee"). THE FEE SHALL CONSTITUTE FULL COMPENSATION FOR ALL SERVICES AND MATERIALS TO BE PERFORMED AND FURNISHED BY THE ARTIST UNDER THIS AGREEMENT, AND ANY SUBCONTRACTED WORK. The Fee includes two (2)work meetings with the City's staff for purposes of determining the work which will be appropriate to complete the Services outlined in this Agreement, and one (1) meeting to present the proposal to staff for review(the"Proposal Presentation Meeting"). 2 4.2 Intentionally omitted. 4.3 The Fee shall be paid as described in the payment schedule referenced in Exhibit A hereto. 4.4 INVOICING Upon receipt of an acceptable and approved invoice(s), payment(s) shall be made within forty- five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice).. Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Fernando Pestana Tourism and Culture Department Administrative Services Manager City of Miami Beach 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 FernandoPestana@miamibeachfl.gov With copy to: Brandi Reddick Tourism and Culture Department Cultural Affairs Manager City of Miami Beach 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 brandireddick@miamibeachfl.gov SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. 3 Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all'legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such 4 claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Consultant Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. Timely renewal certificates will be provided to the City as coverage renews. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Consultants insurance shall be primary and not contributory for direct claims artist may out of the Agreement under the Commercial General Liability Policy. If the Professional Liability coverage is provided on a claims made basis, then such insurance shall continue for three (3) years following the expiration of termination of the Agreement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. 5 • SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 6 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to 7 Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 8 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved)shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which 9 means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, 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 in Chapter 119, Florida Statutes or as otherwise provided by law; (3) 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 term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant 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. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the 10 Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global. Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELG RANADOOM IAM IB EACH FL.GOV PHONE: .305-673-7411 10.8 FORCE:MAJEURE (A) A "Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force.Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event 11 claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 12 (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1)or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Edouard Duval Carrie, Artist 225 NE 59th Street Miami, FL 33137 TO CITY: Lissette Garcia Arrogante Director, Tourism and Culture Department 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. 13 Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. • 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Clerk y Manager NOV 092022 Date: \Q,•. �....g�,90 INCORP ORATED FOR CONSULTANT: Edouard Duval Carrie �• •'h ATTEST: -CH 261‘'�g By: i ` 7� Martina Tuaty,Assistant Edouard Duval-Carrie,Artist Print Name and Title Print Name and Title Date: October 12, 2022 APPROVED AS TO FORM&LANGUAGE FOR EXECUTION .414 } IC' 9ty Attorney Date 15 Exhibit A SCOPE OF SERVICES The City wishes to engage Artist to design, fabricate, transport and install a unique and original work of art(also referred to herein as the"Artwork" or"Project")at the location described as beginning at the east end of 14th Place, extending one block to the east boarder of State Road AIA, Collins Avenue (Espanola Way, between Washington Avenue and Collins Avenue), Mami Beach, FL 33139(the"Site"). ADMINISTRATIVE COORDINATION: The Contract Administrator shall be the City's authorized representative to coordinate, direct, and review, on behalf of the City, all matters related to the Work. Artist shall maintain regular communication with the Contract Administrator via phone, letter or e-mail. DESIGN COLLABORATION: During the design of the Artwork, Artist shall coordinate its progress with the Contract Administrator. The design of the Artwork shall be coordinated with the design process in the following areas: aesthetics, public presentations, construction documents, cost estimates and facility project schedules. Should the design of the Artwork require specialized professional services, Artist shall hire an appropriate sub-consultant and/or sub-contractor, subject to the prior written approval of the Contract Administrator. Upon approval of the Artwork design, Artist shall prepare all necessary construction documents for fabrication of the Artwork and ancillary/support facilities needed to install the Artwork, as required by this Agreement, and in compliance with all applicable laws and codes. Artist shall provide all necessary information on a timely basis to the Contract Administrator in the event that relevant components of the Artwork design must be incorporated into the final construction documents where appropriate. CONSTRUCTION AND INSTALLATION COORDINATION: During the construction of the facility and the installation of the Artwork, Artist shall collaborate and coordinate the Work with the Contract Administrator or his/her designated public art project coordinator, Consultant, General Contractor, or any other professional or individual designated by the City. The Artist shall coordinate the installation of the Artwork in accordance with the construction documents. The Artist shall be responsible for construction oversight during the fabrication and integration of all Artist-designed components, whether fabricated by Artist's subcontractors or included in construction documents to be fabricated and installed by others. DELIVERABLES: The Artist shall provide the following deliverables: 1. PROPOSAL. Artist shall develop a conceptual design proposal and shall secure its approval by the staff and the Miami Beach Art in Public Places Committee (which is an advisory board of the City). This phase includes a Site visit or virtual meeting for presentation to the Art in Public Places Committee and coordination with the Contract Administrator. The Proposal shall be submitted in electronic format(PDF, Word file)and shall be in the following form: A) A Proposal Narrative (the"Artist's Proposal Statement") not to exceed 250 words describing the Artist's Design Intent and drawings, graphic or other visual representation of the work (collectively, the "Work"), together with such other data and material as is necessary to portray the Site preparation and permit to assess its feasibility and compliance with applicable statutes and ordinances; and B) A Preliminary Project Budget(the"Budget") outlining "Probable Project Costs" for the Artist's fee and general overhead, from design through installation, fabrication, delivery, site preparation and installation of the Work. The Budget will include applicable headings for all work to be performed by the Artist and any work to be subcontracted by the Artist, as well as any specialty items and models anticipated by the Artist to be part of the costs to produce 16 and install the Work. C) The proposal should contain 5-10 images, one of which must indicate dimensions, as one PDF attachment, clearly labeled: PROPOSED WORK D) Productions and Installation Timeline D) Artist C.V. and Biography 2. PROCEDURE FOR APPROVAL. A) Promptly after the execution of this Agreement the Artist shall meet with the City Manager's designee in order to receive from them a full review of the planning process involving the design of the Project, a full review and discussion of all plans developed for the Site and complete background information regarding all considerations affecting the plans for the Area (the"Project Orientation Meeting). B) The Artist shall submit the completed Proposal to the City Manager's designee by a mutually agreed upon date,to be determined in consultation with Artist. C) On or before the expiration of 60 days after the original submission, the City Manger's designee shall notify the Artist whether it has approved the Proposal. D) Upon notification to the Artist that the Proposal has been approved, the Artist shall proceed with design,fabrication and installation of the Work. 3. DESIGN DEVELOPMENT Artist shall complete the design development of the approved Artwork, develop construction documents(based on the approved concept)for fabrication of the Work,coordinate the Work with the Contract Administrator, and secure all applicable approvals and permits. Approval by the Contract Administrator and Notice to Proceed (for fabrication) shall occur after submittal of all allocable Artwork deliverables. A) Artist shall submit final design drawings for fabrication, Artist proofs, verified cost estimate, sub-contractor list, permits and approvals, and a fabrication and installation schedule. B) If the verified cost exceeds the Project Budget, Artist shall be obligated to redesign the Artwork to fit within the established budget, inclusive of all payments to Artist, at no additional charge to City. C) Artist shall coordinate and participate in all product and material testing related to the Artwork and determine final product and material with the Contract Administrator subsequent to testing. D) This phase includes Site visits for coordination and presentation purposes. 17 4. FABRICATION AND INSTALLATION Artist shall fabricate, deliver and install all Artwork and Artwork support components, as per the approved construction drawings. Artist shall provide construction administration services as required during the installation of the Artwork at the Site, (including, but not limited to, the coordination of all applicable inspections by all governmental authorities having jurisdiction over the Project). 5. MAINTENACANCE AND/OR CONSERVATION DOCUMENTS Upon completion and installation of the Artwork, Artist shall submit all photographic documentation and completed cataloging forms including shop drawings, manufacturer specifications, and product cut-sheets, as applicable. If Artist utilizes computer technology in the fabrication of the Artwork, Artist shall submit electronic copies of any computer files that will support on-going operations or future repairs and conservation of the Artwork. Artist shall also submit replacement material(s) and/or parts, as applicable, and as deemed necessary by Contract Administrator, to be used for future repairs of the Artwork (quantities to be determined by Artist and Contract Administrator). Artist to demonstrate any maintenance and replacement procedures of the Artwork, as deemed necessary by the Contract Administrator. Warranty Period. All Work furnished under this Agreement shall be guaranteed against defective materials and workmanship, improper performance and noncompliance with the approve construction drawings, for the duration of the Project, following final acceptance of the Project by Contract Administrator. SITE INSPECTIONS / SITE CONDITIONS/STAGING REQUIREMENTS: Prior to mobilization, the Artist and/or his subcontractor(s)shall visit and inspect the Site. Subsequent to such inspection and throughout the course of the Work the Artist shall notify the Contract Administrator of any storage, access, power, water and other requirements for proper installation of the Work that are not to be provided by the Artist.. The Artist shall notify the Contract Administrator in writing of any adverse Site conditions that may impede or otherwise impact the smooth and normal progress of the Work and which require resolution before proceeding with any portion of the Work. The Artist shall promptly report to the Contract Administrator any condition pertaining to defective, unsuitable or unacceptable Site conditions, including but not limited to Site obstructions or damages impacting the Work. The Artist shall provide such notice within a reasonable amount of time so as to allow the Contract Administrator to properly coordinate with the field and not create any delays to the construction schedule. COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated components, Artist shall be responsible for obtaining written final approval from Contract Administrator. If Contract Administrator finds the Work acceptable, the requirements of the Agreement with regard to design, fabrication, and installation of the Work and the Project satisfied, and all conditions of the permits and regulatory agencies fulfilled,final acceptance shall be given by the Contract Administrator. PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall include images of all major aspects of the Project. The Artist-supplied photo-documentation shall be reproducible, at no cost to the City,for any all applicable uses by the City. COMMUNITY INVOLVEMENT and EDUCATIONAL OUTREACH: The Artist shall participate in at least one (1) community meeting and two (2) other public meetings, as shall be determined by the Contract Administrator.The date of the community shall be coordinated with the Artist schedule. TIMELINE FOR COMPLETION: Artist shall coordinate the progress of the Work with the Contract Administrator as described in the Project Schedule noted below. 18 PERMITS AND APPROVALS: Artist shall prepare applications and such documents and design data as may be required to procure approvals from all such governmental authorities that have jurisdiction over the Project. Artist, his assistants or assigned subcontractors shall participate in meetings, submissions, resubmissions and negotiations with such authorities. Artist shall respond to comments by such authorities in a timely manner to adhere to Project Schedule. Artist shall be responsible for formally transmitting and receiving permits to and from the respective jurisdictional authorities. Artist shall coordinate permitting and approval related issues with the Contract Administrator. The receipt of all necessary permits is a condition precedent to the fabrication of the Work. As of the effective date of this Agreement, it is anticipated that the following governmental authorities may have jurisdiction over Project. • City of Miami Beach Building Department • City of Miami Beach Planning Department • City of Miami Beach Public Works Department • City of Miami Beach Historic Preservation Board or Design Review Board Notwithstanding the above, the City's failure to identify governmental authorities that may have jurisdiction over the Project shall not relieve Artist from the responsibility to procure all requisite permits. SITE PREPARATION: The City shall at all events be solely responsible for all expenses, labor and equipment, and other costs required to prepare the Site for installation of the Project. PROJECT SCHEDULE October 14, 2022- Complete Design Development of the approved Artwork, as described above October 15- November 18, 2022- Fabrication and installation of Artwork November 18, 2022-Complete installation of Artwork November 28, 2022- Project Opening Date March 2023-Artwork to be deinstalled COMPENSATION AND SCHEDULE OF PAYMENTS City shall pay Edouard Duval Carrie. the total sum of Ninety-Five Thousand Dollars and No Cents ($95,000.00) for the Work contemplated in this Agreement, which sum shall represent the total compensation to Edouard Duval Carrie. No other amount shall be paid to Contractor (including for reimbursable expenses). Contractor will be paid in accordance with the foregoing specified installments, upon submission of satisfactory invoices 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(as applicable). Additionally, each invoice shall include a written progress report, with a narrative discussion of all activities in progress during the report period, photo documentation where appropriate, based upon the stated Scope of Services and payment description. Payments to Contractor shall be made for Work satisfactorily completed in accordance with the following schedule: 1. Payment#1: Forty Thousand Five Hundred Dollars and No Cents ($47,500.00) (which is 50% of the fixed fee)to be paid upon the signing of the contract. 19 2. Payment #2: Thirty Eight Thousand Dollars and No Cents ($38,000.00) (which is approximately 40% of the fixed fee) to be issued upon receipt and approval of design development, progress reports, and required supporting documentation (i.e. invoices, cancelled checks, photographs, fabrication updates). 3. Payment #3: Nine Thousand Five Hundred Dollars and No Cents ($9,500.00) (which is approximately 10% of the fixed fee)to be issued upon successful installation and documentation of the project. • 20 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) I�....."---' 11/04/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joane Tabet NAME: NSI Insurance Group LLC (riCNNo Eat): (305)556-1488 FAX(NC No): (305)556-3680 5875 NW 163 Street E-MAIL ) @9rou oanet nsi or9 ADDRESS: p' Suite 207 INSURER(S)AFFORDING COVERAGE NAIC# Miami Lakes FL 33014 INSURER A, Scottsdale Insurance Company 41297 INSURED INSURER B: Hiscox Insurance Company Inc 10200 Edouard Duval-Carrie INSURER C: 225 NE 59th St INSURER D: INSURER E: _ Miami FL 33137 INSURER F: COVERAGES CERTIFICATE NUMBER: 22/23 GL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 DAMAGE RENTED ..CLAIMS-MADE ,X OCCUR PREMISESO(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y TBA 11/04/2022 11/04/2023 PERSONAL BADVINJURY $ 1,000,000 GENII_AGGREGATE LIMITAPPLIESPER: GENERAL AGGREGATE $ 2'000'000 POLICY jEC n LOC PRODUCTS-COMP/OP AGG $ 2'000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N _ _ STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim 1,000,000 Professional Liability B ANE5265746.22 11/04/2022 11/04/2023 Aggregate Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1755 Meridian Ave.Suite 500 AUTHORIZED REPRESENTATIVE 5h Floor Miami Beach FL 33139 0 c.,0-, 5----"-- 1 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Trapeze Contortionists Proposal for Miami Beach Art in Public Places Edouard Duval-Carrie Initial Drawings _________________,___ ...._ , 0 i I Up 4tT5° / - t.,----` L- , ,\ • -,_• , A I Iii ./teei. • / ., - - . . \ ,f 7 -,-,,. , ./ ,...^....‹..........„,r- -LN. . , 1 , ' \\CI- , : • ? q a , ,, . 4 '? j \ - tVen)C -_ / t i • , ...,„ 0, 0,,,.. 3 ( . , , c_ . . _. , ,, 00,_ .. _ , ..... , ..).,..__ . • T -, Y ' Cr---.0 _ - 4.461 (--) \__;.) ' b . . 064010 ,2,../._: c --• iv- i • • ,i,-t C) f , . ' • ,. . :/ ,,,,,, • K., ! 4 _ �� f(- -4 1.1.4;-% -.(A---.N..?.-6.: ',-,... tv- - , ,.,.., ,, , v.... >__- L.<---, _,..: r - - , ..,v- '‘)- ‘ _771,r0--ki ,i\__j\ )-\, '), ..._ , r\ . _;-L?,,\- -- - -) ‘ \ c....)„, . N.(2, -li../ -. -- 0 0. L Q00 -00s5, \s DQQ teams ''�°\. f o t / v , r \a' rs-0 r ii O -.-O o ��•'ore� Ali T i F.- /1�I `S- i 4 / \`/ � . ► $ i"\;7., i\l"N? Water-Jet Cut Powder Coated Aluminum (approx. `/e"- `/a"thickness depending demands by engineers) ..,.—• ' lip >,_ ovVal,•:,..._).4 ff__ CZ.• L-Jim . 4 � �J t� ♦�}. •- 2011 � r ....2 --t • Skr,k r tf� � Sim /.\ Air Jh •, • • 1 -�,4 V . Era \10> • . _.,„, •Iss-Cte:Zs • • •} • •Y ---Sv -. s.. • Ib'it. \-,— --, 4, '--/ ii— .,, *‘M,..•_ ai 10 ... 1\b' 3a0 (Y lam/-c 1 .k\•.\ 4. * '' •I: `;( • sue . 1 t ' NIA:- - k III►` :4.... / . ,,f'"`'Y,-Pr‘ C • , �� 1 ��.5. KI,• ter.) t /\�j�ti`�Aid , t \ i Washington Ave • \ ' ale�' /� . may;., 04 -� .'-.ly . 4 :„.- ,. ,%\i,,.. ,,, /�` .'�``= Collins Ave !� L �� \\ �IS:S . ;may.,, ik► 1.969.9A [44,- 79 1 E liff .:,..,:4, 1 s. 6 a ti r 1 n i } 54B.64 C1B'] Middle pieces: approx. 10' wide x 5' tall Side pieces: approx. 4' wide x 5' tall Drawing Idea for wall ®54 r._,., 312 .52 '° 3BaS4 fir-71 0 041Q Q41 �1 Preliminary Project Budget ITEM AMOUNT Fabrication (15 aluminum pieces) $23,000 General Contractor (Insurance, Coordination, $20,000 Installation, Equipment Rental, Engineering) Painting of Walls (Labor, materials, etc.) $15,000 Artist Fee $20,000 Contingency $17,000 - i MAM BEACH OFFICE OF THE CITY MANAGER NO. LTC # 413-2022 LETTER TO COMMISSION TO: Honorable Mayor Dan Gelber and Members of the City Commission �i' FROM: Rafael E. Granado, City Clerk �- J DATE: September 27, 2022 SUBJECT: Art in Public Places Committee Motions—September 20, 2022 The purpose of this letter to the Mayor and Commission is to provide an update regarding two motions made during the September 20, 2022 Art in Public Places("AIPP") Committee meeting. 1. Temporary Public Art Installation — Miami Beach OnStage! FriendsWithYou, Starchild at Harry Liebman Square (4151 Street and Pinetree Drive) Motion to commission Starchild by FriendsWithYou as part of the Miami Beach OnStage! temporary public art initiative. The above motion was approved unanimously. The Miami Beach OnStage! program has previously commissioned two temporary works of public art, including Carlos Betancourt's Milagros! and FriendsWithYou's Little Cloud Sky for the Espanola Way corridor. For its third and final commission, the program will unveil its largest project to date, a monumental figurative sculpture for the 41st Street Corridor. Starchild, a new character in the oeuvre of FriendsWithYou, is a symbol of light, power, and nature. . . !It...... . . _- X. . S 4� x l 5.403 Sq FL 4•� a- r ' 0.1Acrestkp A�.10 CALCULATE ..!_ E.... — aillii .,4 FriendsWithYou is the art collaboration of Samuel Borkson and Arturo Sandoval III, created with the intention to bring more joy, kindness, and love to the world. The collaboration is a vehicle for the exploration of emotional healing through culture creation and art making. Each work is created with the intention of transcendence, and nurturing care for the viewer or participant. FriendsWithYou's meaning is in its name, in that everything in the universe can and wants to be friends with you, an aide in the promotion of love, harmony&peace in our lives. "Our goal is to connect and heal as much as possible through our work, to grow the love and joy in each person, creating an exponential aggregate of sharing, healing, and compassion for each other and our living planet", state the artists. 2. Temporary Public Art Installation on Espanola Way- "Elevate Espanola" Edouard Duval Carrie, Trapeze Contortionists Motion to commission artist Edouard Duval Carrie's proposal, Trapeze Contortionists, as a temporary public art installation for Elevate Espanola. The above motion was approved unanimously. Due to the success of FriendsWithYou's Little Cloud Sky (2021), commissioned through the Miami Beach OnStage! program, the Espanola Way corridor will once again welcome a temporary public art project for Art Week Miami Beach 2022. Opening on November 28, 2022, Trapeze Contortionists will feature Parisian inspired contortionists suspended from the sky, playfully performing acrobatic stunts above Espanola Way. . • • • o • • . ti • O bJ ( Ao 0 (111141Clia'"( Artist Rendering 1 Edouard Duval-Carrie (b. 1954, Port-au-Prince) is a Haitian sculptor and painter, who was educated at McGill University and at the Ecole Nationale Superieure des Beaux-Arts in Paris. Inspired by Haitian traditions, Duval-Carrie creates works that speak to the complexities of the Caribbean and its diaspora. Selected solo exhibition include "Imagined Landscapes," Perez Art Museum Miami (2014); Roots & More, Afrika Museum, Berg en Dal, Holland (2009); "Edouard Duval-Carrie, The Glass Curtain Gallery," Columbia College, Chicago (2007); "The Voodoo Pantheon," and The Bass Museum of Art, Miami Beach (2006). His work has been included in critically acclaimed group exhibitions such as in "Extermis, Musee de la civilization," Quebec City, Quebec (2013); "Who More Sci Fi Than Us?" Contemporary Art from the Caribbean, Kunsthall KAdE, Amersfoot, Netherlands (2012); "Caribbean: Crossroads of the World," The Studio Museum of Harlem, New York (2012); First Haitian Pavilion, 54th Venice Biennale, Palazzo Stamplia Querini, Venice (2011); and The Patricia & Philip Frost Art Museum, Miami (2010). Duval- Carrie lives and works in Miami Members in attendance: Marcella Novella (Chair), Michael McManus(Vice-Chair), Nick D'Annunzio, Leilani Lynch, Aaron Resnick, and Yolanda Sanchez. For more information, please contact Lissette Garcia Arrogante, Director, Tourism and Culture at lissettearroganteAmiamibeachfl.gov or x26597. cc: MM/LGA/FV/BR DocuSign Envelope ID FO4AE73B-5F1A-4A6A-8D9D-E92ED1045CCB TOURISM AND CULTURE DEPARTMENT DATE: 10/13/2022 TO: Alina Hudak, City Manager 5p ^^Y Marcia Monserrat, Chief of Staff a o�s „ Cur„noa n.eu d FROM: Lissette Arrogante, Tourism and Culture Director SUBJECT: TCD Cultural Affairs& Grants For: Information Only Review 8 Approval X City Manager's Signature Other Comments: ® Resolution# 2022-32334 ® Grant/ Contract(s) Due to the success of FriendsWithYou's Little Cloud Sky (2021), commissioned through the Miami Beach OnStacae! program, the Espanola Way corridor will once again welcome a temporary public art project for Art Week Miami Beach 2022. Opening on November 28, 2022, Trapeze Contortionists by Edouard Duval Came will feature Parisian inspired contortionists suspended from the sky, playfully performing acrobatic stunts above Espanola Way. This project was recommended by the Art in Public Places Committee at its September 20, 2022 meeting. Attachments: 1. PSA- Edouard Duval Carrie/Elevate Espanola 2. Artist Conceptual Proposal 3. Letter to Commission (LTC) 4. Resolution 2022-32334 Return to: Z Belly B. x26127 ❑ Brandi R. x26256 DocuSign Envelope ID:FO4AE73B-5F1A-4A6A-8D9D-E92ED1045CCB M I A M I BEACH tr. . } ' ument Routing Form PSA-Elevate Espanola Temporary Public Art Installations-Edouard Duval Carrie Tourism&Culture: Betty Briceno Ext. 26127 ,—oocusk..d er: ,00cosuuw by. Lissette Garcia Arrogante Marcia Monserrat Ma5titi 11t41,ttt.vrat Type 1-Contract,amendment,change orderor task order resulting from a procurement-issued competitive solicitation. Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement tyte 5-Grant agreements withthe City at the grantor x Other.Professional Services Agreement-Artistic Due to the success of FriendsWithYou's Little Cloud Sky(2021),commissioned through the Miami Beach OnStage!program, the Espanola Way corridor will once again welcome a temporary public art project for Art Week Miami Beach 2022.Opening on November 28,2022,Trapeze Contortion sts by Edouard Duval Carrie will feature Parisian inspired contortionists suspended from the sky,playfully performing acrobatic stunts above Espanola Way.This project was recommended by the Art in Public Places Committee at its September 20,2022 meeting. Attachments: 1.PSA-Edouard Duval Carrie/Elevate Espanola 2.Artist Conceptual Proposal 3. Letter to Commission(LTC) 4.Resolution 2022-32334 Oct 1,2022-Sept. 30,2023 n/a Oct, 1,2022-Sept.30,2023 Grant FJnded. I Yes I X No State Federal Other. 1 $95,000 140-6080-000343-25-406-555-00-00-00- Yes X No 2 1 Yes No 1 For contracts longer than five years,contact the Procurement Department. 2 Attach any supporting explanation needed.3 Budget approva' indicates approval for current fiscal war only.Future years are subject to City Commission approval of annual adopted operating budget. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No. CC Meeting Date: 2022-32334 09/28/2022 If no,explain why CC approval is not required: Legal Form Approved: I X I Yes I I No I If no,explain below whyform approval is not necessary. Procurement. N/A �000uSwede Grants: N/A Budget. Tameka Otto Stewart t t,,►fttetskiewn Technology: N/A �000uau.. Risk Maragemenr Sonia Bridges Sdrz 30tQ"_7$Mtleet&Facilities: N/A �1rietst3,uoa+.e Human Resources: N/A Other: