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Professional Services Agreement between CMB Siphonopore LLC
DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 2o2.2 -_:� 2 -1 B s7 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND SIPHONOPHORE LLC FOR A TEMPORARY PUBLIC ART INSTALLATION AS PART OF ELEVATE ESPAf40LA PROGRAMMING This Professional Services Agreement (Agreement") is entered into this 30 day of November, 2023 ("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 SIPHONOPHORE LLC, a Ronda corporation whose address is 1632 NE 151 Street, North Miami Beach, FL 33162 ("Consultant" or "Artist'). SECTION 1 DEFINITIONS %greemem. 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 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 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"). 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 EXhlblt'A" and to the reasonanle satisfaction of the City Manager If there are any questions regarding the Services to be performed, Consultant should contact the following person Lissette Garcia Arrogante Director Tourism and Culture Department City of Miami Beach 1755 Meridian Avenue, 5") Floor Miami Beach, FL 33139 lissettearrogante@miamibeachl goy 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 tern 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 n consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount not to exceed $80,000,00 (the "Fee") DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 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"), 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). Invokes 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 Administrative Services Manager Tourism and Culture Department City of Miami Beach 1755 Meridian Avenue, 51" Floor Miami Beach, FL 33139 FernancoPestana@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 rights and remedies against Consultant The City shall be entitled to recover all costs of such actions, Including reasonable attorneys fees DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 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 Consultants 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 tosses, 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 5 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 for the Consultant's indemnity agreement. The provisions of this Section 61 and of this indemn fication 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 "A-° 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 endorsemen:. 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 complia-ice 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 aporoved by the City Risk Manager SECTION 7 LITIGATION JURISDICTION/VENUEIJURY 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. DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 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 Fable 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 cr 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, Nliami-Dade County. the State of Florida, and the federal government, as applicable 9,3 PATE-4TA:UGH i FIQfi*TIAL-RKQt tGS (intentionally struck through) Any wer4F-pFo4da3st--arisi ig oW--d--tN&-Agreement-as+RfeFr t+ -sae fiG<�ti s; processes-, 4W n-d findinttae jropei<ty-of the Cfty arr� shalt s�sl 6lt�erwise be made -public aedJor disseminated- by C©nsu4a+�w4h9at•4he-p;eFwr4ten-ser+6efrtE3f lh8 Cd y MaFlage�,--exsept+Flg-ar�y-iaior�alion, records-elo---w#i�.are-r�t�ir��a t�discaosed-p�s�a#-te Court-C,rder and/or-Floridalicecords�aw. Alt--repoirtis-,- doc jmenis -articles; 4dewse-- aPd/ovwork preduced4f► whole or in pa#- undef-this Agreer ant are iniec ed i�i tie ire sale and ex�tusiue property oTt#e CItY, and shall r►ei be sub feet la--ar+y aWlsal+en-tefcepyrig# OF patent "-enamelcalf of !hA Cnpsr ltant or.4& ernalo ree6 -or S-U6-G9nSUltant ,,-Aithout ilheP09F WFilteR cGnsen4-of the-C4y-k4aoaAw DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 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 inspe--t, 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,-ecords, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City protects and programs. Monitoring of an existing City project or program may include a reporl 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, Ectivities 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 ,equested records and documents available to the Inspector General for inspection and -opying. The Inspector General is empowered to retain the services of independent orivate sector auditors tic 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 empOyees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption E. DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO ID1 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 vclume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the a`oresaid documents and records. i 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 per,od required by statute or by other clauses of this Agreement. to 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 ri. 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 i 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 al 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 9 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 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, tabor organization membership, familiar situation or political affil-ation 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 ,n 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 1 19.0701(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, 10 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO (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 a.l 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. 12) 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, andior (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.' 0. (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. i2) A notice complies with subparagraph (1j(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 m DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 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: RAFAELGRANADO(a)MIAMIBEACHFL.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 del very 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 Maleure 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. 12 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 (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 tc Consultant of such termination If the Agreement is terminated pursuant to this sectior, 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 Deoartment 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 (13)(2) is not in breach of contract and may not be considered as such 13 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 (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 thar 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 it writing required or permuted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mall, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by nonce, in writing, all such notices and communications shall be addressed as follows. TO CONSULTANT, Siphonophore LLC 1632 NE 151 Street North Miami Beach, FL 33162 beatrizchachamovits@gmail com TO CITY: Lissette Garcia Arrogante Director, Tourism and Culture Department 1755 Meridian Avenue, 5" Floor Miami Beach, FL 33139 LissetteArrogante@miamibeachfl.gov 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 mad, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address Is properly provided, notice shall be sent I o 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 14 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 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 teems 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 oalies 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] 1` DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO IN WITNESS WHEREOF, :he parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: ATTEST: By: City C rk Date: MC___ q 2023 FOR CONSULTANT ATTEST: u� `acis•� - Randi Renate - artist Pr nt Name and Title Date CITY OF MIAMI BEACH, FLORIDA i G Manager PN�1•B...... `•..iPl�ORP�ORATED;� SIPHONOPHORE LLC Beatriz Chachamovits - Owner Print Name and Title APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ci Attorney fi Date f DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO Exhibit A SCOPE OF SERVICES The City wishes to engage Art;st 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 141h Place extending one block to the east boarder of State Road AIA, Collins Avenue (Espanola Wav betweer Washington Avenue and Col ins Avenue Miami 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 Wo-k Artist shall maintain regular communication with the Contract Administrator via phone, letter or a -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 protect 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 Upor approval of the Artwork design, Artist shall prepare all necessary construction documents for fabrication of the Artwork and ancillary/support facil ties 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 ,n 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 indivicual designated by the City TF.e Artist small 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 PROPOSAL Artist shall develop a conceptual design proposal and small 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 -he Proposal small be suomitted in electronic format (PDF Word tile) and shall be in the following form. A) A Proposal Narrative (the "Artist's Proposal Statement") not to exceed 250 words describing the Artists 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 8) A Preliminary Project Budget (the "Budget") outlining "Probable Project Costs" for the Artists fee and general overhead, from design through irstallatior. 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 prodice and 17 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO install the Work 0) 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 Protect, 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) 6) 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 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. 3) if the verified cost exceeds the Protect Budget, Artist shall redesign the Artwork to fit within the established budget, inclusive of all payments to Artist at no additional charge to City C) Artist shalt coordinate and participate in all product and material testing related to the Artwork and determine final product and matenal with the Contract Administrator subsequent to testing D) This phase includes Site visits for coordination and presentation purposes 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 18 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO coordination of all applicable inspections by all governmental authorities having jurisdiction over .he Project). S. 'MAINTENANCE AND/OR CONSERVATION DOCUMENTS ,Jpon completion and installation of the Artwork, Artist snail submit a,' photographic documentation and completed cataloging forms including shop drawings, manufacturer specifications and product out -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 shah 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) Prior to the expiration of this Agreement, Artist shah demonstrate all 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 approved construction drawings, for the duration of the Project, following final acceptance of the Protect 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 Suosequent 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 It 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 reproduc.ble, 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 snail be determ,ned by the Contract Administrator The date of the community meetings 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. 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 awnorities in a timely manner to adhere to the Project Schedule Artist shall be responsible for formally transmitting and receiving permits to and from the respective jurisdictional authorities Artist shall coordinate permitting 19 DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 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 =ollowing 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 Notwithstand.ng 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 ail events be solely responsible for all expenses, labor and equipment and other costs required to prepare the Site for installation of the Protect PROJECT SCHEDULE December 19. 2023- Complete Design. Development of the approved Artwork, as described above January 8 - March 4, 2024- Fabrication and installation of Artwork March 4, 2024- Complete installation of Artwork March 11, 2024- Project Opening Date May 31.. 2024- Artwork to be delnstalled COMPENSATION AND SCHEDULE OF PAYMENTS City shall pay SIPHONOPHORE LLC the total sum of Eighty Thousand Dollars and No Cents ($80.000.00) for the WorK contemplated in this Agreement which sum shall represent the total compensation to SIPHONOPHORE LLC No other amount shall be paid to Contractor (including for reimbursable expenses) Contractor will be paid n 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) Payments to Contractor shall be made for Work satisfactorily completed in accordance with the following schedule Payment #1 Twenty Thousand Dollars and No Cents ($20 000 00) (which is 25% of the fixed fee) to be paid upon the signing of the contract 2 Payment 92 Forty Thousand Dollars and No Cents ($40.000.00) (which is 50% of the fixed fee) to be issued upon receipt and approval of design development Payment #3 Twenty Thousand Dollars and No Cents ($20 000 00) (which is 25% of the fixed fee) to be issued upon successful installation of the protect and required supporting documentation (i e invoices, cancelled checks, photographs) 20 Beatriz Chachamovits *410 MW-Dreaming, in Shades of B ue Proposal for Elevate Espanola - Miami Beach Art in Public Places f a �`�� ,♦, =�, VIA QpS. � f N � - \ � • � � �� � tea. Y�`• /��r ��.� :: r. G^'..:,;..�,• % . :,•:� � X .�' ��� ��►_ � � tea:. �9.' y �. !' '\ is �'. / �. . • . '�1�1 �► i.� �� /�j �Ss f Ii�. �t, . Av 4tk �� Qp04opOo• � �' 'r1�rt'�-:: AL'Al DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO Brain Coral Star Coral Starlet Coral Staghorn Coral Elkhorn Coral Pillar Coral DocuSign Envelope ID: C763ED2C-AC43-4939-8209-6DEED6AOC9EO Bluestripped Grunt Stoplight Parrotfish DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO Proposal for Wall Mural "0", 4P "mo*m pwm ma 4b P�Ow 0 0 wo 01W Z40:16 mmo;.& lom m Z i DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 Beatnz Chacnamovas, 986. Statement: As an environmental acist, my work deals with the decline of the coral reef ecosystems I make drawings, sculptures and installations that investigates and highlights the main causes of the state that coral reefs are found today. The phenomena known as coral bleaching, ocean acidification and plastic pollution are the main starting points in discussing the human effects in ocean conservancy. I invite the public to discover a complex biological network, where the concept of ecosystem is materialized through organization, symmetry and repetition My recent and interactive pieces (like, how to dry ki11, to kill with water and to replenish with water) deals with the ephemeral state of the work and its forever changing quality, much like the ocean itself. It creates kinship with the creatures of the reef, a direct bodily experience to raise awareness and responsibility of this most powerful and endangered ecosystem.Like the reel itself, my work uses a number of underlying structures - interdependen--e, diversity and scale - to organize collective empathy My main interest is to study these phenomena to create dry dives, a way of showing a varled ecosystem internal to our planet that most people don't have access to. I am especially interested in endangered spec es and how to translate scientific based studies into visual arts. My most recent activity on promoting behavior change focuses on interactive installat ons that encourages participants to become aware and reflect on the reality that how we walk on the earth impacts reef ecosystems My aim s that once people are back in the natural world, they'll be more cognizant of how their behavior might be harmful to the environment and inspire action to care for th= oceans and coral reefs, and consequentially, the whole planet Bio: Beatnz Chachamovrts i! an environmental artist and educator from Sio Paulo, Brazil living and working in Miami, Florida. Her work renders tangible the decline of the coral reef ecosystems, and the role played by humans in it. Her intention is to share the majestic beauty of at - risk marine ecologies as well as the appalling rate of their destruction. She works with monochromatic ceramic sculptures and drawings to h,ghiight the unique shape, form and texture that exists in the underwater world She is the author and illustrator of the book The little handbook of marine Fishes and other aquatic marvels ('equeno manual de peixe mannhos a outras maravilhas aquat.cas), published by Companhia das Letrinhas in Sao Paulo, Brazil in 2018. Selected solo show in_ludes: "White Sea" at Galena Tato in Sao Paulo, Braz,i (2017) Into the Great Dying Waters We Share" at Faena Art Project Room(2022)Our Changing Seas' at the Frost Science Museum (2022). Selected group shows include: National Museum of Rio de Janeiro, "Coral Expedition: 1865 - 2018" (2018) The Phillip and Patricia Frost Science Museum "Transitional Nature"(2020)Art and Cultural Center of Hollywood "C(hloral Stones and Collective Actions" (2022) Chachamovits' work has recently been featured in Vogue Magazine's Earth and us section and in the National Geographic Education platform, part of an AAAS grant to teach fifth graders about women in marine science She has received a prize from The Village of Pinecrest grant for artists, and is currently a resident artist at The Bakehouse Art Complex in Wynwood, Miami. DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 Beatriz Chachamovits Bcrn in Sao Paulo, 1986; based in Miami, FL Education: 2004 - 2008 - Bachelor in Fine Arts, Funda�5o Armando Alvares Penteado, Sao Paulo, SP Solo shows: 2023 Into the Great Dying: Roles We Play - Museum of Contemporary Art of North Miami, FL (upcoming) 2022 Reversing the tides of change - The Frost Science Museum, Miami,FL Into the Great Dying, Waters We Share - Faena Art Project Room, Miami, FL 2021 Can you Sea Change? - Soho Beach House, Miami, FL 2020 Ocean in Transformation - Parque Ibirapuera, Sao Paulo, SP The oceans within - Coral Contemporary Gallery, Miami, FL -$ Infertile gardens - SESC Santana Cultural Institution, Sao Paulo, SP KiNing it dry - Carambola Gallery, Sao Conrado, RJ 2017 White sea - Tato Gallery, Sao Paulo, SP 2013 Siphonophore: the fantastic under the sea encyclopedia - Oscar Cruz Gallery, S5o Paulo, SP Selected group shows: ZQ23 SouthxEast: Contemporary Art Triennial - Florida Atlantic University, Boca Raton, FL (upcoming) 2022 Environmental Art: Fragil Beauty - The Jewish Museum FIU, Miami, FL No Vacancy, Temporary Public Art Projects and Juried Art Competition, Miami Beach Arts and Culture, at Esme Hotel South Beach Mcrphogenesis - The Frank Z. Ortis Gallery, Pembroke Pines, FL Sea Friends - ZXY Gallery, Brooklyn, NY REPOPULATIONS: New Horizons - NOoSPHERE Arts, New York, NY World Ocean Weekend Celebration - W South Beach, Miami, FL C[h]oral stories and collective actions - Art and Cultural Center of Hollywood, Hollywood, FL Florida room No.I - KDR305 gallery, Miami, FL Parrots in the kiln Design District, Miami, FL 2021 Collabo7 - Seven Seas Motel at Biscayne Blvd, Miami, FL Just Breathe... - Mana Contemporary Art Space, Miami. FL Zine Machine - Locust projects, MoCA NOMI, Sweat Records, The Anderson and Books and Books, Miami, FL Imaginary Reality, Artificial Landscaping - Laundromat Art Space, Miami, FL Landed - Apollo Design District, Miami FL Nature Reformed: Six Perspectives in Contemporary Ceramics - Arts Warehouse, Delray Beach, FL DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO Art at the farm - Aloha Redlands, Homestead, FL 2C20 A Subtropical Affair II- Center for Subtropical Affairs, Miami, FL A Subtropical Affair I - Low res space - Wynwood, Miami, FL Symbiote - CAMP Gallery Miami, FL Transitional Nature - The Phillip and Patricia Frost Art Museum, Miami, FL 2019 Open Lobby Connection - Casa Cor Miami, Miami, FL Florida Wild - Mckenzie, Miami, FL Archeology of Memory: The site and sound of ceramics - Bakehouse Art Ccmplex, Miami, FL To replenish with water - Underwater Museum of Art, Miramar Beach, FL 2018 The Future of the oceans seminar - Advanced Studies Institute USP, Sao Paulo, SP OpenLab - Bhering Factory, Rio de Janeiro, RJ Coral expedition: 1865-2018 - National Museum of Rio de Janeiro, Rio de Janeiro, RJ 2017 Blasfemeas presents FAILURES FOR THE FUTURE, SAO studio, Sao Paulo, SP (eu) Transmeio - Temporaria Gallery, Sao Paulo, SP Apneia Desvairada (Wild Apnea) - Star Moveis (Design Week), Sao Paulo, SP Redscream - Saloo dos Arcos, Sao Paulo Municipal Theater, Sao Paulo, SP Abre Alas 13 - A Gentil Carioca Gallery, Rio de Janeiro, RJ 2016 Fissura project artistic occupation - soon to be demolisl- mansion, Jardins, SP CCRPOrA(;AO artistic occupation - commercial building, Consola4ao, Sao Paulo, SP Tales and Essays-- Tato gallery, Sao Paulo, SP Visite decorado artistic occupation - historic building from 1930s, Higienipolis, Sao Paulo, SP In(LAR) artistic occupation - deactivated medical clinic, Vila Mariana, Sao Paulo, SP 2015 I Scream artistic occupation - old gloves factory, Glicerio, Sao Paulo, SP Adjust - Adjust Gallery, Miami, FL ? Q14 Surprise - Atelie 397, Sao Paulo, SP While you weren t there - RED studios, Sao Paulo, SP St Barbara D'oeste Grand Contemporary Art Salon - Romi Foundation , St Barbara D'oeste, SP Imaginary Structures - MARCO Contemporary Art Museum, Campo Grande, MS Say Do - Goldfarb studio, Sao Paulo, SP 2013 41st Spring art salon - Modern Art Museum, Resende, RJ XXXI Visual Arts Salon of Rio Claro - Rio Claro, SP Projecto Multiplo 45 -Sa-o Paulo Cultural Center (CCSP) - Sao Paulo, SP 2012 Preciso: entre navegar a vive- MUV Gallery, Rio de Janeiro, RJ ARTNOW - Rabieh Gallery, Sao Paulo, SP 2011 "Untitled #1 - Experiencias de P6s-morte" - Oscar Cruz Gallery, Sao Paulo,SP "Ate meio quilo" - Pinacoteca de Santos, Santos, SP "Ate meio quilo" - Contemporary Art Museum, Ribeirao Preto, SP "Ate meio quilo" - Badesc Cultural Foundation, Florian6polis, SC Muitipio - Printed art fair, Valparaiso, Chile 2010 Arnarello magazine show year 11, Sao Paulo, SP DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO It is not Monalisa - Nuvem Gallery, Sao Paulo, SP Commissions: 2022 Frost Science Museum - Coral Lab permanet illustration install 2021 Fa--ebook - Collaborative wall installation Brickell, Miami HQ Vital Organs collection - created for the curatorial group GoodToKnow FYI as part of their 24hr Promo 2D2Q Ocean in transformation - Australian Gold Brazil installation for the launch of the first and only reef safe sunscreen in the country 2019 To replenish with water - commissioned by the Underwater Museum of Art of Florida as a permanent piece in their ocean sculpture park functioning as an artificial reef Prizes: 2020 Village of Pinecrest Grant for Artists 2019 Underwater Museum of Art - commissioned piece Residencies: 2Q22 Uncool Artist, 1 month - New York, NY 2021 Open House Miami Beach, 1 month - Miami Beach, FL Bakehouse Art Complex, 9 months - Miami, FL 2020 Summer Painting Open at Bakehouse Art Complex, 3 months - Miami, FL 2018 The Studios of Key West, 1 month - Key West, FL Kaaysa artist residency, 1 month - Boi4ucanga, SP Art Educator/Art Teacher: 2022 Modeling the reef workshop at Vizcaya Museum and Gardens Modeling the reef workshop at The Overtown Optimist Club Modeling the reef workshop at The Motivational Edge Modeling the reef workshop at Bakehouse Art Complex for Breakthrough Miami 2021 Modeling the reef workshop at MoCA for the Teen Art Force program Modeling the reef workshop at Lotus House Women's Shelter Modeling the reef workshop at David Posnack Jewish Community Center Teaching Artist position for fall studio classes - The Bass Museum In person art class for Biscayne Nature Center Summer Camp - Key Biscayne Teaching Artist position for The Bass Museum Summer Camp - Miami Beach Online Modeling the reef workshop at Dr William A Chapman Elementary - Homestead, FL Teaching Artist position for STEAM+ program at The Jewish Museum of Florida FIU - Miami Beach, FL DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO 2020 In -person clay -molding workshops for exhibition Future Pacific at Bakehouse Art Complex Online art workshop for 6th grade students at Escola Mobile - Sao Paulo, Brasil Online art workshop for 3rd grade students at Escola Mobile - Sao Paulo, Brasil Orline Summer Camp for middle school students at Biscayne Nature Center - Miami, FL Orline art workshop at Escola Mobile for 10th grade students - Sao Paulo, Brasil Modeling the reef workshop at South K8 Middle School - Miami, FL 2018 Drawing lesson and Art Process workshop for Waldorf School - Sao Paulo, Brasil Private art lessons in Sao Paulo, Brazil 2017 Private art lessons in Sao Paulo, Brazil 2016 Educator, Homeostasis exhibition at Sao Paulo Cultural Center - Sao Paulo, Brasil Private art lessons in Sa"o Paulo, Brazil 2014 Educator, 31a Sa"o Paulo Biennial - Sao Paulo, Brasil 2012 Educator, 30a Sao Paulo Biennial - Sao Paulo, Brasil 2010 Educator, 29a Sao Paulo Biennial - Sao Paulo, Brasil Other professional experiences: Panel discussion at W Hotel South Beach for BlueScholars Initiative World Ocean Celebration Artist Talk at the Frost Science Museum for World Ocean Week Celebration Panel discussion for Resilient Futures at Faena Forum, closing event for the Aspen Climate Ideas Festival 2021 Art and Environment Talk at Soho Beach House for Can you Sea change? - Miami,FL Artist talk at Center for Subtropical Affairs - Miami, FL Art Handler at ICA - Institute for Contemporary Arts, Miami, FL ?D-2Q Panel discussion for ItARTiculating Sustainability at Showfields - Miami, FL Artist talk with curator Laura Novoa for Coral Contemporary Gallery - Miami, FL 2018 Set Design Production in an advertisement for Grendene's new brand of shoes and purses called Zaxy. U? Exhibition producer for Homeostasis @ The Wrong Digital Art Biennale, Sao Paulo's Cultural Center (CCEP) - Sao Paulo, Brasil Exhibition producer for Projeto IScream, Redscream, a partnership with Campari - exhibition, Municipal Theater of Sao Paulo - Sao Paulo, Brasil 2016_ Exhibition producer for Projeto IScream - Sao Paulo, 3rasil DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO ACOR" CERTIFICATE OF LIABILITY INSURANCE DA126/2DD/YYYYI C4126i2023 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 provis ons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endutsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER N ACT NAME Next First Insurance Agency. Inc. PHONE (855) 222-5919 FAX PO Box 60787 G4'C Nast$ _l�.-NOY Palo Alto. CA 94306 E-MAIL . support@nexunsurance.com INSURED Bearnz Cnachamovlts Sipphonophore LLC 1632 NE 151st St North Mar-, Beach, FL 33162 to A Next IIISUrance US INSURER C INSURER D -_ INSURER E INSURER F COVERAGES CERTIFICATE NUMBER- 050167088 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L,STED 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 INSJRANCE 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 - - - — - TYPE OF INSURANCE - - POLICY E _ POLICY EXP LIMITS LT POIM NUMBER O MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY ... ; CLAIMS MADE ; X OCCUR EACH OCCURRENCL $1,000.000.00_15AMAGE TO _ EN�G0 $100.000.00_ PREM SES aacquon A ! X NXTTHK3LPR-00-GL 10128/2023 10i2812024 F MED EXP tArtY Nx� prsorl S15_,000 00 PERSONALItADVINJURY 51,000,000.00 .. GE14L A88REWT6 LW1IT APR1ES PER X PDUCY I ! LOC ! ! GE NERAL AOGREGATE s 2 000.000 00 PRODUCTS - COMPIOP AOG 162,000.000 00 OTHER, S AUTOMOIILLE LIABILITY C NEn SINGLELI S ANY AUTO $ _- 901 INJURY (Pair prawn) OWNED SCHEDULED AUTOS ONLY �. AUTOS BODILY IWURY (=aaaidaed) _ -- PROPERTY DAMAGES JP1q acgenQ HIRED NON -OWNED AUTOSONLY AUTOS ONLY Is tMLNL4.LAtJY LA OCCI EACH OCCURRENCE `S S CLAIMSHMADE AGGREGATE DED qETENTVNS!< WORKERS COMPENSATION AND EMPLOYERS' LIASKI" Y t N ANYPROPRIETORIPARTNER/EXECUTIVE NIA OFFICE RANEMBER EXCL UDED'r , f — _L; A TE. _. E.L. EACH AOCIDENT � S -- El. DISEASE - EA EMPLOYE S (Mandatory in NH) j If yes, deacni under DESCRIPTION OF OPERATIONS below 1 E L. DISEASE - POLICY LIMIT S +I Each Occurrence: $1.000,000 00 A Professional Liability X ' �NXTTHK3LPR-00-GL 10/211 10728l2024 I ,Aggregate. S2.000.000.00 DESCRIPTION OF OPERATIONS , LOCATIONS i VEHICLES IACORO `O1. Addit onal Reniarxe Schedule, may tx attocned d more space —eQw,ed) The Certificate Holder '.S GeV of Midrnl Beach This Certifcate -folder is an Additional !rsured on the General Lidblli policy per the Additional Insured Automatic Status Endorsement. All Certificate Holder privileges apply only r required by Written agreement between the Certificate Holder and the insured. and are subject to policy terms ano conditions. L,t_K IIY IL.Ait NULUtK L.rAINI t:LLA 1IUM City of Miami Beach LIVE CERTIFICATE c/o HR Risk Management D,v iOr ❑ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1700 Convention Center Dr THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Miami Beach, FL 33139 ACCORDANCE WITH THE POLICY PROVISIONS AUT40RIZEOREPRESENTATrVE i�D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9E0 RESOLUTION NO. 2023-32785 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE GENERAL, G.O. DEBT SERVICE, RDA AD VALOREM TAXES, NORTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, INTERNAL SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2024. WHEREAS the City Manager's total proposed Fiscal Year (FY) 2024 operating budget net of transfers and Internal Service Funds. as amended at the September 27 2023 City Commission meeting is $829,120.000 including the General General Obligation (G.O.) Debt Service, RDA Ad Valorem Taxes North Beach CRA Ad Valorem Taxes Enterprise. and Special Reve-iue Funds, as reflected in the attached Composite Exhibit 'A' and WHEREAS the General Fund operating budget as amended. totals $427.648.000. and WHEREAS the budgets for the G.O Debt Service RDA Ad Valorem Taxes and North Beach CRA Ad Valorem Taxes are $16,295 000 $31 026 000. and S1 082.000 respectively and WHEREAS, the budgets for the Enterprise Funds total $289 117 000 and WHEREAS the budgets for the Special Revenue Funds total $148,680.000 and WHEREAS the budgets for the Internal Service Funds which are wholly supported by transfers from the General Fund. Enterprise Funds the Redevelopment Districts and Special Revenue Funds total 5132.102,000; and WHEREAS in order to utilize prior year fund balance/reserves to fund recurring costs for the Building and Sanitation Funds in accordance with the budgets proposed for FY 2024, the Mayo, and City Commission would need to waive the City's established policy of not utilizing one- time non -recurring revenue to fund recurring personnel operating and maintenance costs. and WHEREAS Section 932.7055 of the Florida Statutes sets forth the purpose and procedures to be utilized for the appropriation and expenditures of the Police Confiscated Trust Fund. and WHEREAS. the proceeds and interest earned from the Police Confiscated Trust Fund are authorized to be used for crime prevention, safe neighborhoods drug abuse education and prevention programs or for other law enforcement purposes. and WHEREAS the Chief of Police is authorized to expend these funds following a request to the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police Department by the City of Miami Beach Commission and WHEREAS the Chief of Police of the City of Miami Beach has submitted a written certification (attached as Exhibit "B") which states that this request complies with the provisions of Section 932 7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally Forfeited Property for Local Law Enforcement Agencies and WHEREAS. the Police Confiscation Trust Fund budgets for FY 2024 in the amount of $137.000 shall be funded from State Confiscation Funds in the amount of 555.000 and Federal Treasury and Justice Confiscation Funds in the amount of S82 000 as reflected in the attached Exhibit "B" and DocuSign Envelope ID. C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO WHEREAS funds in the amount of S137 000 are available in the State and rederal Police Confiscation Trust Funds and WHEREAS. the City of Miami Beach is authorized to assess S2.00 from court costs for criminal proceedings for expenditures for Criminal Justice Education degree programs and training courses for officers and support personnel of the Miami Beach Police Department pursuant to Section 938.15 of the Florida Statutes; and WHEREAS. the Police Training and School Resources Fund is currently funded with the assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section 938 15 of the Florida Statutes in the amount of S29.000 as reflected in the attached Exhibit "C and WHEREAS. the Chief of Police of the City of Miami Beach has submitted a written certification (attached as Exhibit 'C") which states that this request complies with the provisions of Sections 938.15 and 943.25 of the Florida Statutes and the guidelines established by the Division of Criminal Justice Standards and Training, and WHEREAS the City of Miami Beach Police Department intends to utilize the $29 000 for those purposes as authorized pursuant to Section 938.15 of the Florida Statutes for education degree programs and training courses for officers and support personnel of the Miami Beach Police Department, and WHEREAS Section 705.105 of the Florida Statutes sets forth the procedure for unclaimed evidence which is in the custody of the Miami Beach Police Department and permanently vests in the Miami Beach Police Department sixty (60) days afte, the conclusion of the criminal proceeding: and WHEREAS $18 000 has been in the custody of the Miami Beach Police Department Property a,id Evidence Unit in excess of the statutory period set forth in Section 705 105 of the Florida Statutes and WHEREAS said funds have vested permanently in the Miami Beach Police Department. and have now been placed in the Police Unclaimed Property Account. as provided by Resolution No 90-19931 adopted on March' 1990, and WHEREAS. the Miami Beach Police Department seeks to procure those items iden"ified in the attached Exhibit T' with funds in the Unclaimed Property Account Fund: and WHEREAS the Miami Beach Cultural Arts Council (CAC) was established by the Mayor and City Commission on March 5. 1997 and WHEREAS. the mission of the CAC is to develop coordinate and promote the visual and performing arts in the City of Miami Beach for the enjoyment, education cultural enrichment and beneft of the residents of and visitors to the City of Miami Beach and WHEREAS the Mayor and City Commission adopted the Cultural Arts Master Plan on June 3. 1998. identifying the following program areas for the CAC cultural arts grants marketing, facilities advocacy and planning and revenue development and WHEREAS pursuant to its enabling legislation the CAC's budget for each fiscal year shall be adopted by the Mayor and City Commission, and DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO WHEREAS accordingly. the CAC recommends a $1 950 000 budget allocation for FY 2024 to continue implementation of its programs and WHEREAS from January 16 2023 through June 1 2023 the Cultural Affairs staff and the CAC conducted its application and review process for its FY 2024 Cultural Arts Grant Programs and WHEREAS grants panelists, comprised of the CAC members yielded 55 viable applications. and WHEREAS the CAC at its regular meeting on July 6, 2023 reviewed the grant panelists recommendations and unanimously supported the recommended Cultural Arts awards totaling S845,947 for FY 2024. as more specifically identified in the 'Recommended FY 2024 Funding column in Exhibit 'E ' attached hereto and WHEREAS the City Manager has reviewed the recommended Cultural Arts awards and concurs with same and WHEREAS. the Miami Beach Visitor and Convention Authority (MBVCA) was created pursuant to Chapter 67-930 of the Laws of Florida and Sections 102-246 through 102-254 of the Code of the City of Miami Beach and WHEREAS, pursuant to its enabling legislation the MBVCA's budget for each fiscal year shall be presented tc the Mayor and Commission. and WHEREAS the MBVCA has recommended approval of the proposed work plan and budget for FY 2024, in the amount of $3 879 000, to continue implementation of its programs as shown in Exhibit "F." NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach Florida hereby adopt the final budgets as amended at the September 27, 2023 City Commission meeting, for the General G.O Debt Service. RDA Ad Valorem Taxes North Beach CRA Ad Valorem Taxes. Enterprise Internal Seance and Special Revenue Funds for Fiscal Year 2024 as shown in Composite Exhibit 'A" (Total Revenues and Expenditures by Fund and Department). Exhibit "B" (Confiscated Trust Funds) Exhibit' C' (Police Training & School Resources Fund) Exhibit "D' (Police Unclaimed Property Account), Exhibit E (Cultural Arts Council Grants) and Exhibit "F' (MBVCA) and waive the City s policy of not utilizing one-time, non -recurring revenue to fund recurnng personnel operating. and maintenance costs in the Building and Sanitation Funds budgets for FY 2024, PASSED AND ADOPTED this 27' day of September 2023 ATTEST SEP Z 6 202i Dan Gelber Mayor Rafael E Granado City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Gty Attomey tp Z Cate DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO TOURISM AND CULTURE DEPARTMENT DATE: 12/ 1 /2023 Doou9fynea by: TO: Alina Hudak, City Manager Mh nq Marcia Monserrat, Chief of Staff UaI^' �S 9 ---- - OF73856056D948D.. -- - FROM: Lissette G. Arro ante, Director, Tourism and Cultur SUBJECT: Elevate Espanola - Temporary Art Installations EDSf� For: Information Only Review LA City Manager's Signature X Deputy City Manager's Signature Other Comments: RE: Elevate Espanolo, Temporary Art Installations (Artist Contract, Beatriz Chochamovits) ® Artist Contract: In Joruary 2023, a Call to Artists was issued for Elevate Espanola, a City of Miami Beach temporary public art space aimed at enhancing the Espanola Way corridor and encouraging pedestrian connectivity to Ocean Drive. On February 3, 2023, the Art in Public Places Committee held a Special Advisory Committee meeting and recommended Beatriz Chachamovits as the Spring 2024 commission. In FY 22, the success of "Little Cloud Sky" by FriendsWithYou led to further funding from the city to commission public artworks in the space, resulting in the naming of Elevate Espanola as a dedicated art installation site. Featuring two projects annually. Elevate Espanola plays an important role in bringing contemporary art to one of the most publicly visible areas of Miami Beach. Attached: 1. PSA - Beatriz Chachamovits / Elevate Espanola 2. Artist CV and Conceptual Proposal 3. Certificate of Insurance 4. Funding Resolution - 2023-32785 by: 10 Return to: 0 BettyBricenoReyes@miamibeachfl.gov DocuSign Envelope ID: C7B3ED2C-AC43-4939-8209-6DEED6AOC9EO ent Routing Form , IN- . A j N/A I PSA - Elevate Espanola Temporary Public Art - Beatriz Chachamovits Beatriz Chachamovits DBA SIPHONOPHORE LLC Tourism & Culture: Betty Briceno, Ext. 26127 Lissette Garcia Arrogante Marcia Monserrat 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 ( CA) Type 6 - Terant 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 X Other: Professional Services Agreement - Artistic In ,anuarV 2023, a Call to Artists was issued for Elevate Esp001a, a City of Miami Beach temporary public art space aimed at enhancing the Espanola Way corridor and encouraging pedestrian connectivity to Ocean Drive. On February 3, 2023, the Art in Public Places Committee held a Special Advisory Committee meeting and recommended Beatriz Chachamovits as the Spring 2024 commission. In FY 22, the success of "Little Cloud Sky" by FnendsWithyou led to further funding from the city to commission public artworks .n the space, resulting m the naming of Elevate Espanola as a dedicated art installation site. Featuring two projects annually, Elevate Espanola plays an important role in bringing contemporary art to one of the most publicly visible areas of Miami Beach Attached: 1. PSA - Beatriz Chachamovits - DBA SIPHONOPHOR2 LLC / Elevate ESoanola 2. Artist CV and Conceptual Proposal 3. Certificate of insurance 4. Funding Resolution Reso 2023-32785 December 19, 2023 - May 31, 2024 N/A December 19, 2023 - May 31, 2024 Grant Funded: Yes I X No State Federal Other. 5-1 (;i 1 $80,0000 140-6080-000343-25-406-555-00-00-00- Yes j X 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. J City Commission Approved: X yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023--- 09/28/2023 If no, explain why CC approval is not required: Legal Form Approved: I x J yes No if no, explain below why form approval is not necessary: Procurement: N/A Grants: N/A Budget: lameka Otto 5 w f a logy: N/A Risk Management: Marc Chevalier & Facilities: N/A Human Resources: N/A Other: N/A