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Professional Services Agreement between CMB & Jen Stark INC Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 Z O 23-32 1 65 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND JEN STARK INC FOR SEP 1 2 2024 A TEMPORARY PUBLIC ART INSTALLATION AS PART OF ELEVATE ESPANOLA PROGRAMMING This Professional Services Agreement ("Agreement") is entered into this 15 day of August , 2024 ("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 JEN STARK INC. whose address is 3645 McKenzie Avenue, Los Angeles, CA 90032 ("Consultant" or"Artist"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Tourism and Culture Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305) 673-7023. 1 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 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 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: Lissette Garcia Arrogante Director Tourism and Culture Department City of Miami Beach 1755 Meridian Avenue, Floor Miami Beach, FL 33139 lissettearrogante@miamibeachfl.gov 2.2 Consultant's Services. and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit A hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof) and shall have a term of three (3) months from the date of project opening. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount not to exceed $80,000.00 (the"Fee"). THE FEE SHALL CONSTITUTE FULL COMPENSATION FOR ALL SERVICES AND MATERIALS TO BE PERFORMED AND FURNISHED BY THE ARTIST UNDER THIS AGREEMENT, AND ANY SUBCONTRACTED WORK. 2 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 The Fee includes weekly meetings from March 14, 2024 to November 21, 2024 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/Art in Public Places Committee 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). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Fernando Pestana Administrative Services Manager Tourism and Culture Department City of Miami Beach 1755 Meridian Avenue, 5`h Floor Miami Beach. FL 33139 FernandoPestana@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. 3 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY. IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES,AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such 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 4 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Consultant Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "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 endorsement. Consultant's insurance shall be primary and not contributory for direct claims artist may out of the Agreement under the Commercial General Liability Policy. If the Professional Liability coverage is provided on a claims made basis, then such insurance shall continue for three (3)years following the expiration of termination of the Agreement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing)and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. 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. 5 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of$10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS 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. 6 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may,on a random basis, perform reviews, audits. inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate,monitor,oversee, inspect and review operations,activities, performance and procurement process including but not limited to project design, bid specifications. (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to 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 7 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition(bid preparation)and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement: and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents,employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 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 8 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight. domestic partner status, labor organization membership,familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly,which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which 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 9 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 systems of the City. (D) REQUEST FOR RECORDS: NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the 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: RAFAELGRANADO(a�MIAMIBEACHFL.GOV PHONE: 305-673-7411 10 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 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 11 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant shall be paid for any Services satisfactorily performed up to the date of termination: following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (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. 12 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 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: Jen Stark Inc. 3645 McKenzie Avenue Los Angeles, CA 90032 jenstark©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 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. 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. 13 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties,the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments. agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 14 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 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: RAFAEL E. GRANADO SEP 1 2 2024 • By: C. ClerkSEP 1 2 2024 City Manager Date: FOR CONSULTANT: APPROVED AS TO FORM &LANGUAGE By: C:9l e/v`-4 &FOR EXECUTION cox(jeli City Attorney " Date Jen Stark (artist)_ Print Name and Title Date: August 15, 2024 15 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 Exhibit A SCOPE OF SERVICES The City wishes to engage Artist to design. fabricate, transport and install a unique and original work of art (also referred to herein as the "Artwork" or "Project") at the location described as beginning at the east end of 14th Place, extending one block to the east boarder of State Road AIA, Collins Avenue (Espanola Way, between Washington Avenue and Collins Avenue), 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 Work.Artist shall maintain regular communication with the Contract Administrator via phone, letter or e-mail. DESIGN COLLABORATION: During the design of the Artwork,Artist shall coordinate its progress with the Contract Administrator. The design of the Artwork shall be coordinated with the design process in the following areas: aesthetics, public presentations, construction documents, cost estimates and facility project schedules. Should the design of the Artwork require specialized professional services, Artist shall hire an appropriate sub-consultant and/or sub-contractor, subject to the prior written approval of the Contract Administrator. Upon approval of the Artwork design, Artist shall prepare all necessary construction documents for fabrication of the Artwork and ancillary/support facilities needed to install the Artwork, as required by this Agreement, and in compliance with all applicable laws and codes. Artist shall provide all necessary information on a timely basis to the Contract Administrator in the event that relevant components of the Artwork design must be incorporated into the final construction documents where appropriate. CONSTRUCTION AND INSTALLATION COORDINATION: During the construction of the facility and the installation of the Artwork, Artist shall collaborate and coordinate the Work with the Contract Administrator or his/her designated public art project coordinator, consultant, general contractor, or any other professional or individual designated by the City. The Artist shall coordinate the installation of the Artwork in accordance with the construction documents. The Artist shall be responsible for construction oversight during the fabrication and integration of all Artist-designed components, whether fabricated by Artist's subcontractors or included in construction documents to be fabricated and installed by others. DELIVERABLES: The Artist shall provide the following deliverables: 1. PROPOSAL Artist shall develop a conceptual design proposal and shall secure its approval by the staff and the Miami Beach Art in Public Places Committee (which is an advisory board of the City). This phase includes a Site visit or virtual meeting for presentation to the Art in Public Places Committee and coordination with the Contract Administrator. The Proposal shall be submitted in electronic format(PDF,Word file)and shall be in the following form: 16 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 A) A Proposal Narrative (the "Artist's Proposal Statement") not to exceed 250 words describing the Artist's Design Intent and drawings, graphic or other visual representation of the work (collectively, the "Work"), together with such other data and material as is necessary to portray the Site preparation and permit to assess its feasibility and compliance with applicable statutes and ordinances: and B) A Preliminary Project Budget (the "Budget") outlining "Probable Project Costs" for the Artist's fee and general overhead, from design through installation, fabrication, delivery. site preparation and installation of the Work. The Budget will include applicable headings for all work to be performed by the Artist and any work to be subcontracted by the Artist. as well as any specialty items and models anticipated by the Artist to be part of the costs to produce and install the Work. C) The proposal should contain 5-10 images, one of which must indicate dimensions, as one PDF attachment, clearly labeled: PROPOSED WORK D) Productions and Installation Timeline E) Artist C.V. and Biography 2. PROCEDURE FOR APPROVAL A) Promptly after the execution of this Agreement the Artist shall meet with the City Manager's designee in order to receive from them a full review of the planning process involving the design of the Project, a full review and discussion of all plans developed for the Site and complete background information regarding all considerations affecting the plans for the Area (the "Project Orientation Meeting). B) The Artist shall submit the completed Proposal to the City Manager's designee by a mutually agreed upon date, to be determined in consultation with Artist. C) On or before the expiration of 30 days after the original submission, the City Manager's designee shall notify the Artist whether it has approved the Proposal. D) Upon notification to the Artist that the Proposal has been approved,the Artist shall proceed with design, fabrication and installation of the Work. 3. DESIGN DEVELOPMENT Artist shall complete the design development of the approved Artwork, develop construction documents (based on the approved concept)for fabrication of the Work, coordinate the Work with the Contract Administrator, and secure all applicable approvals and permits. Approval by the Contract Administrator and Notice to Proceed (for fabrication) shall occur after submittal of all allocable Artwork deliverables. A) Artist shall submit final design drawings for fabrication, Artist proofs,verified cost estimate, sub-contractor list, permits and approvals, and a fabrication and installation schedule. B) If the verified cost exceeds the Project Budget, Artist shall redesign the Artwork to fit within the established budget, inclusive of all payments to Artist, at no additional charge to City. 17 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 C) Artist shall coordinate and participate in all product and material testing related to the Artwork and determine final product and material with the Contract Administrator subsequent to testing. D) This phase includes Site visits for coordination and presentation purposes. 4. FABRICATION AND INSTALLATION Artist shall fabricate, deliver and install all Artwork and Artwork support components, as per the approved construction drawings. Artist shall provide construction administration services as required during the installation of the Artwork at the Site, (including, but not limited to, the coordination of all applicable inspections by all governmental authorities having jurisdiction over the Project). 5. MAINTENANCE AND/OR CONSERVATION DOCUMENTS Upon completion and installation of the Artwork, Artist shall submit all photographic documentation and completed cataloging forms including shop drawings, manufacturer specifications, and product cut-sheets, as applicable. If Artist utilizes computer technology in the fabrication of the Artwork, Artist shall submit electronic copies of any computer files that will support on-going operations or future repairs and conservation of the Artwork. Artist shall also submit replacement material(s) and/or parts, as applicable, and as deemed necessary by Contract Administrator, to be used for future repairs of the Artwork (quantities to be determined by Artist and Contract Administrator). Prior to the expiration of this Agreement, Artist shall 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 Project by Contract Administrator. Should any of the art elements (suspended aerial forms or wall murals) become untethered, defaced, or altered in any way outside its approved, final installation condition, it is the sole responsibility of the artist to restore the work its proper state. This would include painting or re- fastening elements as needed over the duration of installation. SITE INSPECTIONS / SITE CONDITIONS/STAGING REQUIREMENTS: Prior to mobilization, the Artist and/or his subcontractor(s) shall visit and inspect the Site. Subsequent to such inspection and throughout the course of the Work the Artist shall notify the Contract Administrator of any storage, access, power, water and other requirements for proper installation of the Work that are not to be provided by the Artist. The Artist shall notify the Contract Administrator in writing of any adverse Site conditions that may impede or otherwise impact the smooth and normal progress of the Work and which require resolution before proceeding with any portion of the Work. The Artist shall promptly report to the Contract Administrator any condition pertaining to defective, unsuitable or unacceptable Site conditions, including but not limited to Site obstructions or damages impacting the Work. The Artist shall provide such notice within a reasonable amount of time so as to allow the Contract Administrator to properly coordinate with the field and not create any delays to the construction schedule. 18 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 COMPLETION AND INSPECTION: Upon completion and installation of all designed and fabricated components, Artist shall be responsible for obtaining written final approval from Contract Administrator. If Contract Administrator finds the Work acceptable, the requirements of the Agreement with regard to design, fabrication, and installation of the Work and the Project satisfied, and all conditions of the permits and regulatory agencies fulfilled, final acceptance shall be given by the Contract Administrator, PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for publication shall include images of all major aspects of the Project. The Artist-supplied photo- documentation shall be reproducible, at no cost to the City, for any and all applicable non- commercial uses by the City. 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 authorities 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 and approval related issues with the Contract Administrator. The receipt of all necessary permits is a condition precedent to the fabrication of the Work. As of the effective date of this Agreement, it is anticipated that the following governmental authorities may have jurisdiction over Project. • City of Miami Beach Building Department • City of Miami Beach Public Works Department Notwithstanding the above, the City's failure to identify governmental authorities that may have jurisdiction over the Project shall not relieve Artist from the responsibility to procure all requisite permits. SITE PREPARATION: The City shall at all events be solely responsible for all expenses, labor and equipment, and other costs required to prepare the Site for installation of the Project. PROJECT SCHEDULE August 1, 2024- Complete Design Development of the approved Artwork, as described above September 2 — November 18, 2024- Fabrication and installation of Artwork November 22, 2024- Complete installation of Artwork December 3, 2024 - Project Opening Date February 10, 2025 -Artwork to be deinstalled 19 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 COMPENSATION AND SCHEDULE OF PAYMENTS City shall pay JEN STARK INC. 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 JEN STARK INC. No other amount shall be paid to Contractor (including for reimbursable expenses). Contractor will be paid in accordance with the foregoing specified installments, upon submission of satisfactory invoices and documentation substantiating satisfactory completion of the portion of the Work for which payment is requested, and upon Contract Administrator's acceptance of said portion of the Work(as applicable). Payments to Contractor shall be made for Work satisfactorily completed in accordance with the following schedule: 1. Payment #1: Twenty-Five Thousand Six Hundred Dollars and No Cents ($25,600.00) (which is 32% of the fixed fee)to be paid upon the signing of the contract. 2. Payment #2: 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. 3. Payment#3: Fourteen Thousand Four Hundred Dollars and No Cents($14,400.00)(which is 18%of the fixed fee)to be issued upon successful installation of the project and required supporting documentation (i.e. invoices, cancelled checks, photographs). 20 Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 JEN STARK ARTIST PROPOSAL "Sundial Spectrum" ELEVATE ESPANOLA WAY 4 1,,_\ , , -,,..,,,t.,i7,,,/'....i,:, ,..,1111 , fivri . 1 I.. I ,i' I; ' ' ., "(- '„ tr.. 1lli t. .. 1r Ok, � """ \t . . , „ ws f ) ■ '' I i I..4 [T"-- ' 't, ii, __,_ ........ I .,, i Rit .A ; i t` / , , Y ' Docusign Envelope ID D7FA3B5A-149A-4334-A556-AC8A9A767083 ARTIST BIO Visual artist Jen Stark transforms complex ideas about fractals,evolution, color theory, topography, sacred geometries, and patterns of the universe into approachable and engaging works of art. Drawing upon an ever expanding use of material and technology, Stark allows her aesthetic to transcend all forms of media, ranging from paintings and sculptures,animations and installations,to interactive projections and NFTs.Over the course of her career, Stark's work has been exhibited globally,with major shows and public art installations in New York, Los Angeles, Miami, Chicago,Thailand, and Canada. Her work is currently held in the collections of the Smithsonian American Art Museum,the West Collection, Crystal Bridges Museum of American Art, NSU Art Museum, and MOCA, among others. Stark lives and works in Los Angeles, CA. 8\4 il.clitit(iti-k."--/‘117)1t i .it • iLidit.,,‘, "ire jet ,.....44 " 1 ' ' ...„ \\r-• ' .*'' , , 1, # if . . .,, ._ � � Docusign Envelope ID D7FA3B5A-149A-4334-A556-AC8A9A767083 PAST WORKS le . 1,- oi.' .. .. veti ,i rit21111z11116 , : :- ' . ' - libt,,,.. I> ( (924. .1, 4:0 Irr ., - - tt 0 , ii„, , * '1 i Iii.... l t 461 r DichroicMandala, 2022, kiln-formed glass sculpture with dichroic coating and wire hanger, 17.7 x 17.7 in Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 'PI! 41 0111 Ir 46 IP 40 ;°II' 0 '1'. °I 11 , - . ilgliOP 0 0 1" - AN,s„ Allk _At i ...• Emillir:P.' ITIN ' Ir. 4-> •i"i'47"-°- 02-It- _____- - . 7 . I I \ lir , 17k, ,, , \ 4 ,, R NiYiviorNs4 :1 . — fl ... , !....vic r w k • : IIN 4 t• :ij.1-144 IN 141 .---' l')-licIVA-- ir,f. 1. ... ..t, . ••... lb'. Ili'It, ,440.1 , de . 4,\ ' \CI • -"( • „ alb.'' , • • r), lik• v , -ftis .4.,,,. ... - zoo • , s die‘r"7,411*"•r<T,I,...-..." rF.A.010114 ( . Y. awilitif Arldr4F- . ' , - .-/9 '- .. al de \ ill (4‘, 1' t , _ ) deopiveli , 1 .). . / , . . Light Spectrum, 2020,transparent and opaque vinyl, 10,000 sq ft Docusign Envelope ID. D7FA3B5A-149A-4334-A556-AC8A9A767083 (41144°446*, Irsv .,T,,:: .,, ' 1.\\til trip iitiov , . IN; ' \'''s\IHN , ,, ie t, ",),111. g , 4 , 4, i ,1 • 14/*, ,. �, V 41* /401‘hiteNer. ft 'I i. _ A: ,,,4.4i44h . . , , , t. 4. ' J WI" ti elSrl II" Vilt:" 4 IV' \IN° 1111t'l'° 411\%4All 14.11001\ Left:Spirit Molecule#2, 2019, laser cut mirrored acrylic, epoxy,wood, 24 x 24 x 0.75 in Right: Reflective Cascade#4, 2019, laser cut mirrored acrylic,epoxy, wood, 24 x 24 x 0.75 in Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 at} , itl r ,y r#3 1 Ji' J R:x 5t . .: ....,:.: : _,.. : ''''''41:, S, a 1 t` e • .� ' .r= / ; , , -It • .\,, , t, , ,,,, i• -. 1r } i 4 O illel.: ce,':: .*7-..'"; dn IF,., Geometric Spectrum,2021, laser-cut mirrored acrylic,adhesive, MDF, 10 ft 8 in x 41 ft 3 in x 1 in Docusign Envelope ID D7FA3B5A-149A-4334-A556-AC8A9A767083 r . " ,,,, is- . III' Val illielhilli a is ai my..sqr um usa MINN A su ammo MM."— Ali . . ' -14 a i . ifTit Fr, was 61.4 . - - IF. • i i • i _. . ., - ' \ 0 . .. -Iv• . r , , • - .,.. _;"4,.. _ Fillp . - t jig, bk... ihros.-41r. - -11 as. . . ... i i ip ,, . .., . Cosmic Growth, 2019, terrazzo, approx. 15,000 sq/ft Terrazzo floor for Christine E. Lynn Rehabilitation Center, Jackson Memorial Hospital, Miami, FL Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 I NINilomiItnii.s1wI.. _ Iv". -gti m I.'tr-I..., .-._...-.41.:4 4'1,1 r111i1 i111r11ik1kiA,1•U1,7,t k 11 N*.-i-.kv.1i l4.#.•'..•.,,-r,4_\ 4'\,*,11.4:1‘11%4''N1,..'1_.1s1—.(.‘..,-4.,.-1k.,4'1..t/...s.i'•r 1.s0q•A.k,U„:4lS.%4"'-:.e.t-Z.I.,'i,•N.i"4,0k,i.%Sc.1i11)i 1',114*,1i,k.:lN.t4.-•.1b:f'6c1'N,,„te4'.-r,1.N,.O4!1.e,P.a.k............,•..:.Ir.r-,..-.4.i44.-4I,Nu;,,,,:,6?,,-im•,.":-,a,k',lI 1,6 P-,4!r-,2i 11.•r-..,.-:'t t1ii-1i,t e.l., ,,„g-,•z 1Z.: :LN i.iii'.,'„;- e.. .1,11 .,r....' :•, . -_1 -.—!.p,-..i.,.,J-. ..,1.,Av • ..-,.-0...-.•......,.-....,-..- .-1..,,n,,. • _ r ` $,•, fir►. r - IPi,•• ..R •�r , IN i 4, , A Ars'.• .a..• •74, 1k7N7 . may,,, . ` r ,,, is ,,,Asz,.. , \--,. . ". 4.4 .....-::. ........miiii...........„41... .... 11!.. If iiiiiFront view Side view Wormhole, 2013, PVC, spray paint, wire, 8 x 20 ft Large scale sculpture inside Fashion Outlets of Chicago located in Rosemont, IL Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 CV EDUCATION 2001-2005 BFA(Magna Cum Laude), Maryland Institute College of Art , Baltimore, MD 2004 Study Abroad Program, Center for Art and Culture, Aix-en-Provence, France SOLO EXHIBITIONS 2021 Light Spectrum, Wilding Cran Gallery, Los Angeles, CA Cascade:A Jen Stark Experience, the William Vale, Brooklyn, NY 2019 Dimensionality, Joshua Liner Gallery, New York, NY Color Cascade, Schneider Museum of Art,Ashland, Oregon 2018 Multiplicity, Wilding Cran Gallery, Los Angeles, CA 2013 Vortextural, Cooper Cole Gallery, Toronto, Canada 2012 To The Power Of, Martha Otero Gallery, Los Angeles, CA 2011 Tunnel Vision, City Arts Center, Oklahoma City, OK 2009 The Beginning of the End, LMAK Projects, New York, NY 2008 Solo Exhibition, The Art Gallery at Government Center, Miami, FL Much-much, Civilian Art Projects, Washington, DC Place in Space, Carol Jazzar, Miami, FL 2007 Little By Little, Heaven Gallery, Chicago, IL Primaries, LMAK Projects, New York, NY When The Colors Awoke, Bas Fisher Invitational, Miami, FL GROUP EXHIBITIONS 2023 Shaping Gravity:Abstract Art Beyond the Picture Plane, Forest Lawn Museum, Glendale, CA Interreality, Bitforms Gallery/The Desmond Tower, Los Angeles, CA My Kid Could Do That, The Greenpoint Loft, Brooklyn, NY Inaugural Exhibition at Entheon,All One Gallery, CoSM, Wappingers Falls, NY My Body, My Business, Sotheby's Auction, New York, NY 2022 The Light Fantastic, Crystal Bridges Museum of American Art, Bentonville, AR 2021 The Beyond Within, Mesa Arts Center, Mesa,AZ Electric Psychedelia, Venice, CA Light the Night, NSU Art Museum, Ft. Lauderdale, FL 2020 Black& White vs. Color, Richard Heller Gallery, Santa Monica, CA 2019 Summer Mixer 2019, Joshua Liner Gallery, New York, NY Blow UP II, Bedford Gallery, Walnut Creek, CA Your Favorite Artist's Favorite Artist II, Joshua Liner Gallery, New York, NY Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 2018 Elemental, William Turner Gallery, Santa Monica, CA How They Ran, Over The Influence, Los Angeles, CA A State of Infinite Division, Winsor Gallery, Vancouver, Canada 2017 Unquestionable Optimism, Johannes Vogt Gallery (Barn Show), East Hampton, NY Cut Up/Cut Out, Bellevue Arts Museum, Bellevue, WA 2016 Mirror, Mirror, Eric Firestone Gallery, East Hampton, NY UNTITLED, Eric Firestone Gallery, Miami, FL 2015 Womanhouse, Eric Firestone Gallery, East Hampton, NY Piece by Piece: Building a Collection, Kemper Museum of Contemporary Art, Kansas City, MO She Sells Seashells By The Seashore, Eric Firestone Gallery, East Hampton, NY UNTITLED, Eric Firestone Gallery, Miami, FL 2014 Somewhere Between Creation and Destruction, University of Hartford, West Hardford, CT I think it's in my head, Girls' Club Collection, Ft. Lauderdale, FL Way Out West, The Art City Project: Public Art Exhibition, San Franscisco, CA Dazed and Confused, Eric Firestone Gallery, East Hampton, NY 2013 Summer Reading, The Hole Gallery, NYC, NY Paper Works: The Art and Science of an Extraordinary Material, Berkshire Museum, Pittsfield, MA 2012 40 under 40: Craft Futures, The Smithsonian American Art Museum, Renwick Gallery, DC Color Theory: The Use of Color in Contemporary Art, Sonoma Valley Museum of Art, Sonoma, CA Following the Line, Girls' Club Collection, Ft. Lauderdale, FL 2011 Spectra I, Future Tense, London, UK Space Out, Space In, Andrew Rafacz Gallery, Chicago, IL Double Rainbow Rainbow, Show and Tell Gallery, Toronto, Canada Aesthetics and Values, Frost Art Museum, Miami, FL Paper Cuts, Fullerton College Art Gallery, Fullerton, CA 2010 Legal Tender, Martha Otero Gallery, Los Angeles, CA Dadarhea, O.H.W.O.W, Miami, FL Florida Contemporary 2010, Naples Museum of Art, Naples, FL Jen Stark& Rory Macarthur, Carol Jazzar, Miami, FL SUBject/subJECT, Subliminal Projects, Los Angeles, CA The Real Thing, Ipswich Art Gallery, Ipswich, Australia Free Size, Sinudom Screen Printing Factory, Bangkok, Thailand Friends of Friends, GARFO Art Center, Salt Lake City, UT Floating World Animation Fest, Show Cave Gallery, Los Angeles, CA Compelled, Root Division, San Francisco, CA 2009 Set To Manual, Girls' Club Collection, Ft. Lauderdale, FL An Art Exhibition With a Cause, Fredric Snitzer Gallery, Miami, FL Abstract Cinema, Museum of Contemporary Art, North Miami, FL Collective Compulsions, Johansson Projects, Oakland, CA 2008 Under the Influence, Girls'Club Collection, Ft. Lauderdale, FL Optic Nerve X, Museum of Contemporary Art, North Miami, FL Thirteen/08, Museum of Art Ft. Lauderdale, Ft. Lauderdale, FL Portals, Johansson Projects, Oakland, CA Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 2007 Littlest Sister, Spinello Gallery, Miami, FL Waves, Civilian Art Projects, Washington, DC Confluence, Fredric Snitzer Gallery, Miami, FL Tiger in a Tropical Storm, Riviera Gallery, New York, NY Life Size, Scion Installation Gallery, Los Angeles, CA Potential, Twenty Twenty Projects, Miami, FL The People Under the Stairs, Locust Projects, Miami, FL 2006 4th Annual Flip-Book Festival: International Traveling Exhibition, Little Cakes Gallery, NYC; Space 1026, Philadelphia, PA; Reg Vardy Gallery, UK VERSION>06: Parallel Cities-Group Group Show, Iron Studios Gallery, Chicago, IL 2005 The Yard at Casa Lin, Casa Lin, Miami, FL Artscape, Mount Royal Avenue, Baltimore, MD Co operate, Bas Fisher Invitational, Miami, FL Picture Window, outdoor installation on abandoned house, Baltimore, MD ARTIST-IN-RESIDENCE 2019 Bullseye Glass Company Artist Residency, Los Angeles, CA, July - November AWARDS/GRANTS 2008 Winner of MOCA North Miami Optic Nerve 10th annual film festival, Miami, FL South Florida Cultural Consortium's Visual and Media Artists Fellowship recipient, Miami, FL 2007 Artist Enhancement Grant, Florida Division of Cultural Affairs, Miami, FL COLLECTIONS Smithsonian American Art Museum, Washington, D.C. Miami International Airport, Miami, FL Museum of Contemporary Art, North Miami, FL Museum of Art Ft. Lauderdale, FL, Ft. Lauderdale, FL The West Collection, Oaks, PA The Christy & Bill Gautreaux Collection, Kansas City, MO Crystal Bridges Museum of American Art, Bentonville, AR Microsoft Art Collection, Redmond, WA The Goldman Collection, Miami, FL The Girls Club Collection, Ft. Lauderdale, FL The Sagamore Collection, Miami Beach, FL Debra and Jeff Wechsler Collection, Miami, FL Soho House Miami Collection, Miami Beach, FL Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 PUBLIC ART INSTALLATIONS/MURALS 2023 Ooze II, Mural & Installation, McDermott, Will & Emery, Miami, Fl 2022 Chromatic Reflection, Installation, McDermott, Will & Emery, London, UK 2021 Chromatic Ooze, Mural, HBO Offices, Los Angeles, CA Fractal Infinity, Installation, Gensler, San Francisco, CA Geometric Spectrum, Installation, McDermott, Will & Emery, New York City, NY Drip, Mural, Sweetgreen, Miami, FL Cosmic Connection, Installation, CitizenM Hotel Miami Brickell, Miami, FL 2020 Light Spectrum, Installation, FIGat7th, Los Angeles, CA Cosmic Growth, Terrazzo Floor, Jackson Memorial Hospital Rehab Center, Miami, FL 2019 Spatial Reflection, Sculpture, McDermott, Will & Emery, Boston, MA Fractal Reflections, Sculpture, Great Parks Neighborhoods, Irvine, CA Spectral Frequency, Sculpture, McDermott, Will & Emery, Century City, CA 2018 Tunnel Vision, Sculpture, Santa Monica, CA 2017 Chromatic Cascade, Mural, Private Commission, Los Angeles, CA Ooze, Mural & Installation, McDermott, Will & Emery, Miami, Fl 2016 Drip Down, Mural, Hard Rock Stadium, Ft. Lauderdale, FL 2015 Facebook HO, Mural, Facebook Headquarters, Menlo Park, CA Surf Lodge, Mural, The Surf Lodge, Montauk, NY Technicolor Ooze, Mural, Culver City, CA 2014 Driptych, Billboard Installation, Art City Project, San Francisco, CA Meltdown, Mural, Miami International Airport, Miami, FL 2013 Wormhole& Drippy, Sculpture & Mural, Fashion Outlets of Chicago, Rosemont, IL 2012 Cosmic Explosion, Mural, Vornado, Washington, D.C. 2011 Acid Free, Mural, NSU Art Museum Fort Lauderdale, Ft. Lauderdale, FL 2008 Distant Dimension, Mural, Sagamore Hotel, Miami Beach, FL LECTURES 2023 When Art Gets Personal, Panel, VeeConlndianapolis, IN, May 20 2022 A Psychedelic Dive Into Art, Fractals, and NFTs, University of Oregon Visiting Artist Lecture Series, Eugene, OR, Oct. 20 Building for a More Secure Future: Navigating the Choppy Waters of Innovation, Christie's Art+Tech Summit, New York City, July 19 Physical to Digital, Panel, VeeCon, Minneapolis, MN, May 22 2018 The Universe of Jen Stark, CoSM, Wappingers Falls, NY, May 11 2014 Art, Science and the Cosmos, SCI-Arc, Los Angeles, CA, Jan. 15 2013 Art& Conversation with MOCA Curator Alma Ruiz, Martha Otero Gallery, Los Angeles, CA, Nov. 3 2012 Visual Arts Thinkers Series, Chapman University, Orange, CA, Oct. 17 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 ARTIST'S PROPOSAL STATEMENT Sundial Spectrum For this project, I will fabricate thirteen sculptural panels out of clear acrylic sheets and laser cut transparent vinyl, which feature a multitude of shapes in my signature spectrum of colors. Inspired by geometry and natural forms, the work's hypnotic patterning creates an illusion of movement and will interact with the sunlight throughout the day, casting shadows of bold colors along Espanola Way. I intuitively choose a vibrant arrangement of colors that are in direct conversation with the natural world; the colors flowers use to attract pollinators, prisms of light found in crystals, and the luminous mystery of phosphorescent sea creatures. I frequently utilize color theory in my work to curate bold palettes, and harness the profound impact colors have on human emotions. Studies have shown that vibrant hues can positively influence moods, amplifying the immersive experience of my artworks. Each shape will be created out of 3/8"clear acrylic sheets with laser cut transparent colored vinyl adhered to the surface.The shadows of the tranparent material will transition throughout the day. When sunlight pours through, viewers on the ground will be bathed in rainbow shadows, providing an abstract sundial of prismatic colors. The mural will fill the alcoves of the main wall and feature colorful shapes, drip and splashes.These shapes will compliment the vibrant panels and rainbow shadows on the ground. Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 . , ...-. . ., .. „. . . IIIIIIIIIIIIIIPr- ....„, _ _. %,,,tm..... .. . t.......k ' `...-Itc '' .• .e••• ,......-----7--„J .' '''' _ 40 "•40.,, '''''-,4. -• -../. . • .. -4Z"..`.... :tie... , ''',.. :42.... - e ,1. ., - . , . .._, If t •.:/ 0 ' . , . . • , .. W • ,./-... . I ! ,r I • .' /7 • .%\ . '• $.'• . / :. ). ' i • . .., . 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'4 • ... . • ;'' 4. 3 d ,,t. . 0 f', 4 1-' - -ii • .t,/ -• ...- -P, . , . , , . • ,,:, I c '' •• • •• ..: 111 t"' • ,/ .' • )1 , •' •. , , '• g' t.• •:,, •••t, e: r lel ,, i . s . • '3-•- •• •,. -4-. • 4i._, 0 IX , • . ,,, i i° . .. . • ' ---- 4 .. . . . . . • t •.. ' , 1 4 4 , . . 6 • , '.4• -- .. .. _ b ,•'a . 41 • .- ,..;,. . t f • 0 1,6 ! --.. . ' t • .4' 0! i• . ••• '...i. . . . • IN •• '''•-:- Z.......-: i g • ! !'•• ‘ I -••'. I • ' 1.4'•• ,.1 44. , ,t,' , : •.' .41741 , .,, t If • . 5,11 i I MB , 4 ... P ,‘ ..: -2.. „.. ..., ... t ,..ili. Tink„, , 144 t \ .. _,.: . s) . k -.:.7- =:••=i , .,..."-"7: 'i• • ' - `.- .--. -. • 1.01,1,.,1 .iit.. -S-' 11'13.. 111111111.11111111111111, ler A . .. !,. 4111/1111111111SallOWINIC-11111-115. . . . j L i Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 COLOR SHADOW EXAMPLES Created using hand cut vinyl on clear plexi i ' - .---;7,,A i'. •• — ..., \ .... , ei'44.9) ..'.... „ ' ., ______---, ir. A . ` �I 'i \ Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 TECHNICAL DETAILS 13 shapes of plexi at 3/8"thick Each shape will measure approx.4ft x 4ft O J Docusign Envelope ID. D7FA3B5A-149A-4334-A556-AC8A9A767083 LAYOUT OF ALL SHAPES IVY ROW 5 �` .fi 0 13 shapes of plexi at 3/8"thick ` ' , `,` Each shape will measure approx.4ft x 4ft . - . wit NovNipr ROW 4 -r k ‘1 .'‘IIIVrijigf. ROW30 0 L 4 , . ROW2 11cr . s ot,s_P\/\- _-L7_ROW 1 � � � - 1:::n)j , Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 TECHNICAL DETAILS 13 panels of approx.4ft x 4ft(3/8"thick) plexi SOLID CLEAR ACRYLIC • LASER-CUT COLORED VINYL COLORS 0 1. G iit • w ONOIMIMMiti Trncna-nro Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 MURAL CONCEPT I'm planning to create a mural in the alcoves of the main wall. Large-scale organic shapes,splashes and drips will fill the space with colors seen in the hanging sculptures. , , . :Air - , Li \., , v\_,/ , iiii , i‘kitoi 11\41/11414 i _ V14 k-e. ir ( 4•1 N 7\--/-\ A --\ Let\:1,4s ,..... I ---• .44 ---\ 411011) AM COLORS Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 MURAL CONCEPT On the opposite wall, I'll paint geometric shapes from the installation. w vitv AftS COLORS ill Docusign Envelope ID: D7FA3B5A-149A-4334-A556-AC8A9A767083 MURAL CONCEPT MOCKUP ,` ! r �;... '+ : , III . • � � 't, .. �.,,,,,,,IIN. :.,:s. � • ��.��.�, • } ! 1 i ' , _k, , ...:,. .,.. . ,,,_ , ,......,,, . .,.. , . .. . .. , % . _ ,, .. . ..• ,_ . . . ,. . . .. ...,_ , t, _ 1 3 ' • iii • -1 - - . Alir ' L---- ' r, ` wit. (.' ( ' $ \ c ) 7 „., . ____ _,„ ,‘„,.....;.: . , ,.., .._. . . .. . ., _ , _ __... . ,: , .,.. 0" . .7 _ {[� it 1 ( / : )j.',',,,, -i-'-\-?-- y . / 7. - sc,/' . s Goole Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 MURAL CONCEPT MOCKUP \ ,'.4 jA 0, . , 7 i‘ - . t - ,_.:/ \,:' \ ' • any ��1'.r v *,fi r 4 ` .,.- r . illilij ' .. :' ' -# 111111111 '.4 lit 4'. li aU gig iiiiiRli _, 7 Nat "..y • i P t Ir. • If P ! .r ' y. r, x� + i. �, . I tie.%",it,....;0. . , .1,-,, ,' - .'• . ',.. .•-.....411111 1....( \ it t P.1 L .4. .4 1 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 ACC CERTIFICATE OF LIABILITY INSURANCE DATEM/DD/YYYY) (M2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Next First Insurance Agency,Inc. PHONE (855)222-5919 FAX PO Box 60787 (aC.No.ExD: (A/c No): Palo Alto,CA 94306 EMAIL ADDRESS: pp su ort@nextinsurance.com INSURER(S)AFFORDING COVERAGE NAIC S INSURERA: State National Insurance Company,Inc. 12831 INSURED INSURER B: Jen Stark Inc. 3475 Union Pacific Ave INSURER C: Los Angeles,CA 90023 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:504010049 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 D_ GE TO CLAIMS-MADE _X OCCUR PREMSES(EaENTED occurrence) $100,000.00 _ MED EXP(Any one person) $15,000.00 A X X NXTP4K4T7K-00-GL 08/22/2024 08/22/2025 PERSONAL 8,ADV INJURY $1,000,000.00 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 X POLICY JPER LOC PRODUCTS-COMP/OP AGG $2,000,000.00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) S UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S Each Occurrence: S1,000,000.00 A Professional Liability X NXTP4K4T7K-00-GL 08/22/2024 08/22/2025 Aggregate: $2,000,000.00 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is City of Miami Beach.A General Liability Waiver of Subrogation applies in favor of this Certificate Holder.This Certificate Holder is an Additional Insured on the General Liability policy with respect to ongoing operations.All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured,and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Miami Beach LIVE CERTIFICATE 1700 Convention Center Dr SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Miami Beach,FL33139 El"... D .�j� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. W1Tr } 14eT--F D• �rrD�� AUTHORIZED REPRESENTATIVE • O r , O ' Click or scan to view ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 01 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE NXTP4K4T7K-00-GL 08/22/2024 State National Insurance Company,Inc. NAMED INSURED AUTHORIZED REPRESENTATIVE Jennifer Stark Jen Stark Inc. 3645 McKenzie Ave Los Angeles,CA 90032 Ann Ryan COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES SEE ATTACHED SCHEDULE Return Total $0.00 C�� Authorized Representative Signature IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 2 0 Copyright, ISO Commercial Risk Services, Inc., 1983 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 SCHEDULE OF POLICY CHANGES It is understood and agreed that: The following forms are added: CG 20 10 04 13-Additional Insured-Owners, Lessees or Contractors-Scheduled Person or Organization All other terms and conditions remain unchanged. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 2 of 2 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 POLICY NUMBER: NXTP4K4T7K-00-GL COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Miami Beach CA 1700 Convention Center Dr Miami Beach, FL 33139 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" pp y ry "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 POLICY NUMBER: NXTP4K4T7K-00-GL COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0 Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 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 Revenue 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 $1.082 000. 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 $132,102,000, 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 Mayor 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 $55,000 and Federal Treasury and Justice Confiscation Funds in the amount of $82.000. as reflected in the attached Exhibit "B". and Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 WHEREAS. funds in the amount of$137,000 are available in the State and Federal Police Confiscation Trust Funds; and WHEREAS. the City of Miami Beach is authorized to assess $2.00 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$29,000. 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 after the conclusion of the criminal proceeding: and WHEREAS. $18,000 has been in the custody of the Miami Beach Police Department Property and 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 7. 1990: and WHEREAS. the Miami Beach Police Department seeks to procure those items identified in the attached Exhibit"D" 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 benefit 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: D7FA3B5A-149A-4334-A556-AC8A9A767083 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 to 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 Service. 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 Citys policy of not utilizing one-time. non-recurring revenue to fund recurring personnel. operating. and maintenance costs in the Building and Sanitation Funds budgets for FY 2024. PASSED AND ADOPTED this 27'h day of September 2023 ram, ATTEST: Dan Gelber. Mayor Rafael E. Granado. City Clerk APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION --18- z � City Attorney ,tp Z Date Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 M I AM I BEACH Contract/Document Routing For N/A Professional Services Agreement—Elevate Espanola Temporary Public Art—Jen Stark Requesting Depart Jen Stark Inc. Tourism and Culture:Oscar Rieveling Sanchez,Ext.22711 • -nt 614111011.1MIONNTbate • , Lissette Garcia Arrogante Rickelle Williams ' �Yn 'f%,ffi .cumentT •e Select 0 Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2-Any other contract,amendment,change order,or task order that does not result 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 x Type 8-Other:Professional Services Agreement—Artistic .Summary&Justification In January 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 Jen Stark as the Winter 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 and important role in bringing contemporary art to one of the most publicly visible areas of Miami Beach. Attached: 1.PSA—Elevate Espanola Temporary Public Art—Jen Stark 2.Artist CV and Conceptual Proposal 3.Certificate of Insurance 4.Funding Resolution—Reso 2023-32785 Original Term . _ Renewal Periods Total Term(Original+Renewals) August 1,2024—February 10,2025 N/A August 1,2024—February 10,2025 • g Information I Grant Funded: . Yes No State Federal Other: • st&F Annual Cost'. Account Require Enhancemen4 1 $80,000 140-6080-000343-25-406-555-00-00-00- [7„4 Yes X No 1.For contracts longer than five years,contact the Procurement Department.2.AttaLl,any supporting explanation needed.3.Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual adopted operating budget. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023-32785 September 28,2023 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Compliance Approvals Procurement: Grants: Budget: Tameka Otto Stewart Information Technology: FV'S Risk Management: Marc Chevalier rr Fleet&Facilities: l Human Resources: Other: Docusign Envelope ID:D7FA3B5A-149A-4334-A556-AC8A9A767083 Instructions for Completin: &Routin: Contract Coversheet 1. Every field must be completed. If the requested information is not applicable,enter N/A. 2. Prior to routing a document, it is advisable to confirm the authority to sign, funding/account information, risk management compliance,and controlled purchases(IT or Fleet/Facilities)with the appropriate department. 3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing. 4. When creating the 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 the ACM. 5. The City Manager does not need to sign the coversheet. 6. If you have any questions,contact the Procurement Department. Required Compliance Appr s 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 of goods or services resulting from a competitive solicitation. • Chief Procurement Officer • Office of Management&Budget Director,plus"department assigned"Budget Analyst • Grants Management Division Director—if the purchase is grant-funded. • Controlled purchases— o Facilities and Fleet Director—if the purchase involves a "facilities"or"vehicle"item. o Information Technology Director—if the purchase involves a technology item. Type 2—Other contracts or amendments for the purchase of goods or services not resulting from a procurement-issued competitive solicitation. • Chief Procurement Officer • Office of Management&Budget Director,plus"department assigned" Budget Analyst • Human Resources Senior Risk Officer • Grants Management Division Director—if the purchase is grant-funded. • Controlled purchases— o Facilities and Fleet Director—if the purchase involves a "facilities"or"vehicle"item. o Information Technology Director—if the purchase involves a technology item. Type 3—Independent Contractor Agreements • Human Resources Director • Note:ICAs must include a resume of the individual selected. Type 4—Grant agreements when the City is the recipient. • Grants Management Division Director Type 5—Grant agreements when the City is the grantor. • As appropriate,depending on the grant type. Type 6—Tenant agreements • Facilities and Fleet Director Type 7—Inter-governmental agency agreement • Chief Financial Officer Type 8—Other(e.g.,scholarships,utilities,educational initiatives,etc.) • Office of Management&Budget Director,plus"department assigned" Budget Analyst For any other type,contact the Procurement Department for assistance. Rev.8/24