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Agreement with Rosa Lowinger and Associates, Inc. 2_0 z 1-3 I v6-/S-- DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ROSA LOWINGER AND ASSOCIATES, INC. FOR ART IN PUBLIC PLACES CONSERVATION SERVICES MAR 1 5 2022 This Professional Services Agreement ("Agreement") is entered into this day of 20 ("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 ROSA LOWINGER AND ASSOCIATES, INC., a Florida corporation whose address is 852 NW 71st Street Miami, FL 33150 ("Consultant"). 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 & 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"). 2 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 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 BrandiReddick@miamibeachfl.gov or (305) 673-7577 x26256 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 expire on June 1, 2023. 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 flex fee basis for a total annual amount not to exceed $78,300.00 4.2 The fixed fee is payable as follows: (A) 50%, in the amount of $39,150.00, within 30 days from the Effective Date; and (B) 50%, in the amount of $39,150.00, upon completion of, and acceptance of, the Services and all Deliverables (Itemized in "Exhibit A") by the City ("Final Payment"). 4.3 [INTENTIONALLY OMMITED] 3 DocuSign Envelope ID: B486B5BE-342B-4CE7-B243-5DC25F8D34A5 4.5 INVOICING Upon receipt of an acceptable and approved invoice, 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: Brandi Reddick Cultural Affairs Manager 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. 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 4 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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 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 vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. 5 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $100,000 per occurrence. C Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the Project Site, which is to be used (installed into a building or structure) in the Project. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. 6 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668— ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach(c riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 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. 7 DocuSign Envelope ID:B486B5BE-342B-4CE7-8243-5DC25F8D34A5 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. 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 8 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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 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: 9 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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. 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 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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 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. 11 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 (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 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: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 12 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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 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 13 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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. (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. 14 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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: ROSA LOWINGER AND ASSOCIATES, INC. 852 NW 71st Street Miami, FL 33150305-877-3509 Email: miamimanager@rosalowinger.com TO CITY: City of Miami Beach 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 Attention: Director, Tourism and Culture 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. 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. 15 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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] 16 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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 lerk Wr Manager / I MAR 1 5 2022 _ .. . ', Date: TIkCORPORATED ',I,r 1- cH.26 FOR CONSULTANT: ROSA LOWINGER AND ASSOCIATES, INC. ATTEST: B �DocuSigned by: r—DocuSigned by: ° roSa (,OWI.UJ y 126D1EOCE2DG480. �83,DS72D5'6"^7n Pat oblak Rosa Lowinger Miami studio Manager President Print Name and Title Name and Title 2/24/2022 1 2:21 PM PST Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION - ii0its,\-- ', Cif; L 1 City Attorney oat. 17 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 EXHIBIT A SCOPE OF SERVICES ARTWORK/PROJECT: Tobias Rehberger, Obstinate Lighthouse DESCRIPTION & CONDITION: The Obstinate Lighthouse is a painted aluminum tower of 19 stacked cylinders in assorted sizes and stands 55 feet tall. The cylinders are painted black or white on the sides, and bright colors on the tops and bottoms. The cylinder at the top is LED and projects light and sound. The sculpture stands on a cement slab shaped in three interlocking circles, one of which is black in color. The sculpture is in South Pointe Park and is very close to the bay. The sculpture is in poor condition on its surface. The paint on the colored elements is badly faded on undersides. There are approximately 20-30 chips along the bottom edges of each element and accompanying corrosion spots in these areas. The paint shows evidence of lack of maintenance and impact by public interaction. In addition to losses to the paint, there is widespread bubbling and delamination on the bottom 2" of each element. It was not possible to see the tops of the higher elements, but it is to be assumed that these are equally damaged. Damage appears to be most prevalent on the northeast, east and southeast sides of the sculpture. The paint surface on the white base has discolored and continues to be excessively grimy and mottled. TREATMENT: 1. Document treatment in detail with a written report and documentary photographs of the artwork before, during, and after treatment. 2. Clean the entire surface with water and a conservation grade detergent. 3. Lessen scuffmarks and abrasions on the base with a combination of conservation grade solvents and compounding agents. 4. Remove corrosion and all bubbling paint locally. Apply an appropriate primer and fill the losses on top of the primer. 5. Scarify the paint layer to produce an appropriate tooth for accepting new paint. 6. Remove mineralization occurring beneath the painted layer. 7. Prime approximately 50% of the artwork 8. Repaint the entire artwork, using the paint system specified by the artist. 9. As part of this, RLA will need to coordinate with the artist's studio to produce paint samples and mock ups that are approved for installation. 10. RLA will provide fencing and scaffolding as part of this proposal. Work will need to be done once the rainy season ends, as it is about to begin. KEY INTENDED OUTCOME: Obstinate Lighthouse by Tobias Reheberger will be conserved using the treatments above. TIMELINE: This conservation project is estimated to take between 8-12 weeks. LOCATION OF SITE: South Pointe Park 18 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 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 Services. Consultant shall maintain regular communication with the Contract Administrator via phone, letter or e-mail. CONSTRUCTION AND INSTALLATION COORDINATION: During the inspection, production and installation of the Artwork, Consultant shall collaborate and coordinate the work with the Artist, and 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 Consultant shall complete the installation of the Artwork in accordance with the construction documents to be obtained by the artist. The Consultant shall be responsible for construction oversight during the fabrication and integration of all Artwork-related or Project-related components, whether any such work is performed by Consultant, its subcontractors or others. DELIVERABLES: The Consultant shall provide the following deliverables: I-A A final report indicating the conservation process, materials used, issues related to the conservation, and general assessment of the work before and after conservation. I-B Photographs of the conservation process including pre-conservation images and post- conservation images. I-C Sourcing and Installation. Consultant shall source, deliver and make all possible efforts to conserve the Artwork at the location shown above, as per the approved final design drawings. Consultant shall provide installation 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 and Services). I-D Final Conservation Documents. Upon completion and conservation of the Artwork, Consultant shall submit all photographic documentation and completed cataloging forms including manufacturer specifications, and product cut-sheets, as applicable. If Consultant utilizes computer technology in the fabrication of the Artwork, Consultant shall submit electronic copies of any computer files that will support on-going operations or future repairs and conservation of the Artwork. Consultant 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 Consultant and Contract Administrator). Consultant to demonstrate any maintenance and replacement procedures of the Artwork, as deemed necessary by the Contract Administrator. I-E Final Contractor's Affidavit. Upon completion of the Project, and as a condition precedent to the City's obligation to make the Final Payment, Consultant shall provide the Contract Administrator a Final Contractor's Affidavit. SITE INSPECTIONS/SITE CONDITIONS/STAGING REQUIREMENTS. Prior to mobilization, the Consultant and/or his subcontractor(s) shall visit and inspect the Site. Subsequent to such inspection and throughout the course of the work the Consultant 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 Consultant. The Consultant shall notify the Contract Administrator in writing of any adverse Site conditions that may impede or 19 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 otherwise impact the smooth and normal progress of the work and which require resolution before proceeding with any portion of the work. The Consultant 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 Consultant 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. The Consultant shall be responsible to provide security guard(s), 24 hours per day, for the entire period from load-in to load-out of the Project Services. TIMELINE FOR COMPLETION: Consultant shall coordinate the progress of the Project Services with the Contract Administrator. PERMITS AND APPROVALS: With the assistance of a general manager recommended by City, Consultant 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 and Services. Consultant, his assistants or assigned subcontractors shall participate in meetings, submissions, resubmissions and negotiations with such authorities. Consultant shall respond to comments by such authorities in a timely manner to adhere to Project Schedule. Consultant shall be responsible for formally transmitting and receiving permits to and from the respective jurisdictional authorities. Consultant shall coordinate permitting and approval related issues with the Contract Administrator. Notwithstanding the above, the City's failure to identify governmental authorities that may have jurisdiction over the Project or Services shall not relieve Consultant from the responsibility to procure all requisite permits. 20 DocuSign Envelope ID: B486B5BE-342B-4CE7-B243-5DC25F8D34A5 RESOLUTION NO. 2021-31875 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022- 2026 AND ADOPTING THE CITY OF MIAMI BEACH FINAL CAPITAL BUDGET FOR FY 2022. WHEREAS, the Fiscal Years (FY) 2022-2026 Capital Improvement Plan (CIP), as amended at the September 30, 2021 City Commission meeting, for the City of Miami Beach is a five-year plan for public improvements and capital expenditures by the City and is an official statement of public policy regarding long-range physical development in the City of Miami Beach; and WHEREAS, the first year of the FY 2022-2026 CIP, as amended, represents the final Capital Budget appropriation for FY 2022; and WHEREAS, the final CIP, as amended, has been updated to include projects that will be active during FY 2022 through 2026; and WHEREAS, the final Capital Budget, as amended, itemizes project funds to be committed during the upcoming fiscal year and details expenditures for project components which include architectural and engineering, construction, equipment, Art in Public Places, and other related project costs; and WHEREAS, capital funding priorities for FY 2022 were discussed at the June 18, 2021, July 16, 2021, and July 23. 2021 meetings of the Finance and Economic Resiliency Committee ("the Committee") and the September 17, 2021 and September 30, 2021 meeting of the City Commission and adjustments were made to the funding recommendations presented per direction from the Committee and Commission; and WHEREAS, at the first public hearing on September 17, 2021, the Mayor and City Commission tentatively adopted the FY 2022 Capital Budget and the FY 2022-2026 five-year CIP; and WHEREAS, the final Capital Budget for FY 2022, as amended, totaling $70,413,737 is recommended by the Administration for adoption at this time for projects and capital equipment acquisitions, which includes the use of $225,000 in General Fund reserves to be transferred to the Capital Pay-As-You-Go Fund for completion of the Stillwater Entrance Sign Project and reimbursed from funding allocated for Capital Pay-As-You-Go Fund projects at a later date; and WHEREAS, based on current schedules, additional water, sewer, and storm water projects are financed over a series of years; and WHEREAS, under this approach, the City utilizes a line of credit to allow the necessary rate capacity to issue additional tax-exempt bonds through rate increases and also spend down the current committed, but unspent, bond proceeds; and DocuSign Envelope ID: B486B5BE-342B-4CE7-8243-5DC25F8D34A5 WHEREAS, the Gulf Breeze Bond (Loan) Fund (Fund 369) was funded by loan proceeds from the City of Gulf Breeze and payment of the Allison Island special assessment. All loan proceeds were expended, and the remaining balance is special assessment receipts. In order to utilize the remaining funds within Fund 369, which are not currently designated for any specific use, it is recommended that the Mayor and City Commission approve the use of all remaining and future funds in Fund 369 for the repairs of and improvements to City-owned facilities; and WHEREAS, the proposed sources of funding for the final FY 2022 Capital Budget, as amended, are included in Attachment "A" and the projects to be adopted in the final FY 2022 Capital Budget and the five-year CIP, as amended, are included in Attachment "B." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt the final Capital Improvement Plan for FY 2022-2026 and adopt the City of Miami Beach final Capital Budget for FY 2022, as amended at the September 30, 2021 City Commission meeting, as set forth in Attachments "A" and "B." PASSED AND ADOPTED this 30`h day of September, 2021. ATTEST: ,, 2— -/----____ Dan Gelber, Mayor j� Rafael E. Granado, City Clerk ` .der .. 6--� OCT 0 1 2021 : 1 * ?INCOPP' •RATED. *I STATE OF FLORIDA COUNTY OF MIAMI-DADE APPROVED AS TO I, RAFAEL E. GRANADO, City Clerk of the City of FORM &LANGUAGE Miami Beach, Florida, do hereby certify that the &FOR EXECUTION above and foregoing is a true and correct copy of the original thereof on file in this office. n ---r--- -- . i — 5°- )-1 WITNESS my hand seal of said City this 20 a/ City Attorney (�--L Date day of Octo 9. i . ,Rafael E. Granado City Clerk of the City of Miami Beach, Florida DocuSign Envelope ID:B486B5BE-342B-4CE7-13243-50C25F8D34A5 ATTACHMENT A CITY OF MIAMI BEACH M I A M. BEACH FY 2022-2026 CAPITAL IMPROVEMENT PLAN BY FUNDING SUMMARY PROJECT PROJECT NAME Previous Years FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Folure Told 63080 BEACH RESTROOMS PAINT AND CONCRETE 20,000 - 20,000 63319 PARK VIEW ISLAND ANNEX-DOG PARK 67,000 67,000 63519 BUOY PARK REFORESTATION IMPROVEMENT - 150,000 - 150,000 63521 RESTORATIVE TREE WELL CITYWIDE - 480,000 240,000 - 720,000 63719 1755 MERIDIAN-CHILLER REPLACEMENT 211,045 - 211,04S 63722 SMART CARD ACCESS SYSTEM-PHASE II - 195,000 195,000 63819 SSCC ROOT MITIGATION&FLOORING REP 272 - - - - - - 272 63822 1755 ROOF REPLACEMENT - 223,000 - - - •- 223,000 63919 SMART CARD ACCESS SYSTEM-PHASE I 250,000 - - 250,000 64019 CITY HALL ENERGY EFFICIENT BUILDING 156,000 - - 156,000 64022 777 FOUNTAIN/COURTYARD RENOVATIONS - - 131,000 - 131,000 64119 INDIAN CREEK LANDSCAPE&IRRIGATION 836,500 - - 836,500 64122 BOLLARDS INSTALLATION AND REPL. - 200,000 302,500 - - - 502,500 64190 ENTRANCE SIGNS TO NORTH BEACH - 356,000 91,000 - - - - 447,000 64418 THE FILLMORE 40YR RECERTIFICATION 622,298 - - - - 622,298 64621 CITYWIDE PK LANDSCAPING IMPROVEMENT - - 248,000 200,000 200,000 200,000 200,000 1,048,000 64721 MIDDLE BEACH WATER TOWER PAINTING 50,000 - - - - - - 50,000 64821 SECURITY ENHANCEMENTS CITYWIDE 500,000 - 1,000,000 500,000 500,000 - - 2,500,000 64918 SMART LIGHTING MASTER PLAN 1,000,000 - - - - - - 1,000,000 64921 OCEAN RESCUE FIRE ALARM RENEWAL 30,300 - - - - - - 30,300 65021 BELLE ISLE PARK LIGHTING ENHANCEMENT 110,000 - - - - - - 110,0 0 65519 BRIDGE REPAIRS FY19 60,875 - - - - - - 60,875 65622 SHANE ROWING CENTER ROOF REPLACEMENT - 61,000 - - - - - 61,000 65722 FLAMINGO PARK BASEBALL STADIUM STAN - 65,000 495,000 - - - - 560,000 65818 FLEET MANAGEMENT FIRE SPRINKLER 250,000 - - - - 250,000 65821 FILLMORE ESCALATOR REPAIRS 16,007 - - - 16,000 65822 MIAMI BEACH MOORING FIELD - 156,000 310,000 - 466,000 65922 TOBIAS REHBERGER OBSTINATE LIGHTHOUSE - 85,000 - - - - 85,000 66018 FLEET MANAGEMENT CONCRETE SPALLING 100,000 - - - - 100,000 66020 CITY HALL•MAIN ENTRANCE PAVERS - 550,000 - - - - 550,000 66021 SOUTH POINTE PARK RESTROOMS RENOVATION 66,000 - - - - - 66,000 66418 FLAMINGO POOL DECK 6 PUMP ROOM - - 334,000 - - - 334,000 66518 SECURITY AUDIO SYSTEM FOR ALL POOLS 100,000 - - - - 100,000 DocuSign Envelope ID:B486B5BE-3428-4CE7-B243-5DC25F8D34A5 ATTACHMENT B CITYA MIAMI BEACH M I A M I BEACH FY 2022-2026 CAPITALIMPROVEMENT PLAN BY PROGRAM PROJECT PROGRAM Previous Years FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Future Telel ART IN PUBLIC PLACES TOURISM&CULTURAL DEPARTMENT L. 20377 AIPP MB CONVENTION 7,530,797 • - - 7,530,797 22618 AIPP FIRE STATION 2 95,334 - • • • - 95,334 22718 AIPP FLAMINGO PARK PROJECT 194,000 - 194,000 22918 AIPP LUMMUS PARK PROJECT 116,000 - 116,000 65922 TOBIAS REHBERGER OBSTINATE LIGHTHOUSE 85,000 - 85,000 7,936,131 85,000 - - - _ - 8,021,131 TOTAL: 7,936,1311 85,000' -, -' -' -, -, 8,021,131 BRIDGES FACILITIES A FLEET MANAGE _ . 61719 4157 STREET BRIDGES REPAIR 480,000 480,000 PW ADMINISTRATION 65519 BRIDGE REPAIRS FY19 60,875 - 60.875 PW ENGINEFRINQi:_ - 22920 CITYWIDE BRIDGES 925,202 750,000 750,000 800000 3 225,202 25750 WEST AVE BRIDGE OVER COWNS CANAL 7,145,127 - 7,145,127 8,070,329 750,000 750,000 800,000 _ • - 10,370,329 64160 PAINTING B LIGHTING OF BRIDGES 1,585,000 - 1,585,000 67140 BI ST ST PEDESTRIAN BRIDGE 180,000 180,000 1,765,000 - - - - - - 1,765,000 TOTAL: FACILITIES&FLEET MANAOEM@R . 21621 ADAPTIVE FITNESS AND RECREATION CTR 2,500,000 2,500,000 TOTAL: CAPITAL IMPROVEMENT PROGRAM 28170 CONVENTION CENTER PARK 9,462,000 9,462,000 28180 CONVENTION CENTER-CARL FISHER 3,912,900 350,000 4,262,900 13,374,900 350,000 - - - - - 13,724,900 ON 28160 CONVENTION CENTER RENOVATION 615,421,648 12900000 628.321.648 PARKING ADMINISTRA ., 21618 CONVENTION CENTER GARAGE EQUIPMENT 771,000 - 771.000 TOTAL: 629,567,548' 13,250,0001 -I -I -I -I _1 642,817,548 DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 ART IN PUBLIC PLACES M I AM I BEACH CITY OF MIAMI BEACH FY 2022-2026 Capital Budget and 5-Year Capital Improvement Plan I.General TOBIAS REHBERGER OBSTINATE LIGHTHOU ART IN PUBLIC PLACES Project Number 65922 Department: TOURISM&CULTURAL DEPARTMENT Location: SOUTH BEACH Description: This proposal addresses original damage that occurred during hurricane Irma and the continued further deterioration of the work due to not repairing the initial damage from the hurricane.This work is situated in an extreme marine environment and needs an aggressive maintenance schedule to keep the work in good condition. Projected date range: 10/01/2021 to 09/30/2022 II.Cost Summary Cost Summary Previous Years FY 2021/22 FY 2022/23 FY 202324 FY 2024/25 FY 2025/26 Future Total CONSTRUCTION - 85,000 - - - - - 85.000 Total: - 85,000 - - - - - 85,000 III.Fund Summary Fund Summary Previous Years FY 2021/22 FY 2022/23 FY 202324 FY 2024/25 FY 2025/26 Future Total 302 PAY-AS-YOU-GO - 85,000 - - - - - 85,000 Total: - 65,000 - - - - - 85,000 101 MIAMI BEACH Tourism and Culture Department,1755 Meridian Ave, 5th Floor,305-673-7577 CITY MANAGER AND CITY CLERK SIGNATURE REQUEST COVER SHEET Date: 03/09/2022 Document: PSA Between The City of Miami Beach and Rosa Lowinger and Associates, Inc. for the conservation of Tobias Rehberger's Lighthouse sculpture in South Pointe Park. Approved Capital Project 65922 supported by Resolution Number 2021-31875 RLA will conserve the Lighthouse in South Pointe Park; scope of work attached at the end of the agreement as Exhibit A. RLA is the conservator of note preferred by the artist. This is an approved Capital Project (65922). Resolution Number 2021-31875 Adopts the final Capital Improvement Plan for FY 2022-2026. Completed con ra outing form attached on following page. Department: Tourism and Culture Contact Person: Joshua Carden Extension: 26127 Email: joshuacarden@miamibeachfl.gov Please return to: Joshua Carden Extension: 26127 Email: joshuacarden@miamibeachfl.gov Thank you! DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 M I AM I BEACH Contract/Document Routing Form Contract No. Title PSA Between The City of Miami Beach and Rosa Lowinger and Associates,Inc.for the conservation of Tobias Rehberger's Lighthouse sculpture in South Pointe Park.Approved Capital Project 65922 supported by Resolution Number 2021-31875 .w. ,fir. Requesting Department Rosa Lowinger and Associates,Inc. Tourism&Culture Department Director Name& ACM Name&Signature Lissette Garcia Arrogante Marcia Monserrat Mania Mauna} S--0G13e56C5e09.80 Document Type(Select One) X Type 1—Contract,amendment,change order or 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 Type 5—Grant agreements with the City as the grantor Other: Brief Summary&Purpose(attach memo if additional space is necessary) RLA will conserve the Lighthouse in South Pointe Park;scope of work attached at the end of the agreement as Exhibit A.RLA is the conservator of note preferred by the artist.This is an approved Capital Project(65922).Resolution Number 2021- 31875 Adopts the final Capital Improvement Plan for FY 2022-2026. Original Term Renewal Periods Total Term(Original+Renewals( through June 1,2022 0 4 months Funding Information , Grant Funded: Yes X No State Federal • Other: Cost&Funding Source Year Annual Cost MIN _ . • 1 .1 -11- 1 $78,300.00 302-0380-069357-00-410-549-00-00-00-65922 Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: PSA below$100,000,City Manager has authority to sign.Funds have been previously budgeted;this is an Approved Capital project(65922)and supported by Resolution Number 2021-31875. Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Compliance Approvals(see attached; Procurement: Alex Deni 5 "ocuar.°" Grants: N/A A Ikt, Budget: Tameka Otto Stewart.".."--, 9213,E1„MBe.4° Information Technology: N/A ( '"Mika.P4fe Sfcwart Risk Management: Fleet&Facilities: N/A Please note this is remote only DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 Human Resources: N/A Other:Communications — DocuSign Envelope ID:B486B5BE-342B-4CE7-B243-5DC25F8D34A5 i• � .•+ -ompleting&Routing Contract Coversheet 1. Every field must be completed. If requested information is not applicable,enter NA. 2. It is advisable to confirm authority to sign,funding/account information,risk management compliance,and controlled purchases(IT or fleet/facilities)with the appropriate department prior to routing a document. 3. Attach all supporting documentation(e.g., resolutions,commission memorandums,etc.)when routing. 4. When creating workflow in DocuSign, in addition to the department head and applicable assistant/deputy city manager, make sure the individuals(or designees)indicated in the Required Compliance Approvals section below are included in the approval path. Note that compliance approvers must approve prior to ACM. 5. The City Manager does not need to sign the coversheet. 6. If you have any questions,contact the Procurement Department. Required Compliance Approvals When routing documents for approval by the city manager,in addition to the department head and applicable city manager, make sure the following individuals(or designees) are included in the approval path depending on each contract type. Type 1—Contract,amendment,or task order for the purchase for the purchase of goods or services resulting from competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart) • Grants(Judy Hoanshelt)—if the purchase is grant funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement- issued competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart). • Risk Management(Sonia Bridges) • Grants(Judy Hoanshelt)—if the purchase is grant funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a facilities or vehicle item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 3—Independent Contractor Agreements • Human Resources Director Type 4—Grant agreements when City recipient • Grants(Judy Hoanshelt) Type 5—Grant agreements when City grantor • As appropriate depending on grant type Type 6—Tenant agreements • Facilities and Fleet(Adrian Morales) Type 7—Inter-governmental agency agreement • Marcia Montserrat Any other type:Contact the Procurement Department for assistance.