Professional Services Agreement between CMB and The London Global Dance Company For Onstage! Miami Beach Programming For 2024 Docusign Envelope ID:DaD)ES]5-BF89>9p8-898FD5C042B89aEA
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
THE LONDON GLOBAL DANCE COMPANY
FOR ONSTAGE! MIAMI BEACH PROGRAMMING FOR 2024
iilM ti 2 21;25
This Professionai Services Agreement ("AgreemenP') is enlered into this day of _2024
("Effective Date"), between the CI7Y OF MIAMI BEACH, FLORIOA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offces at 1700
Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and PETER LONDON
GLOBAL DANCE COMPANY,a Florida not for profit organization, whose address is 1470 NE
123 St Apt#605 North Miami, FL 33161 ("Consultant")
SECTION 1
DEFINITIONS
Agreement�. This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager The chief administrative offcer of the City.
City Manager's
Designee: TheCitystaffmemberwhoisdesignatedbytheCityManagertoadminister
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
independenl contrador, and not an agent or employee of the City.
Services All services, work and actions by the ConsWtant performed or undertaken
pursuant to Ihe Agreement.
Fee: $9,000
Risk Manager The Risk Manager of the City, with oRices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Flonda 33139; telephone number (305)
673-7000, Ext. 6435; and fax num6er(305)673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration o(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 ot Ihe 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
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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
asped 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 torth in Exhibit"A"and to the reasonable satisfaction of Ihe 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 Cuflure
1755 Meridian Avenue, 5'^ Floor
Miami Beach, FI 33139
2.2 ConsWtanPs 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 (Ihe Effective Date set forth on p. 1 hereof).
Notwithstanding Ihe 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 islare 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 of$9,000, for a total amount not to exceed $9,000.
4.2 INTENTIONALLY OMITTED
4.3 The fee is to be paid in one installment in the amount of $9,000 upon completion of the
propasetl services.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-fve
(45) days for that portion (or those portions) of the Services satishactority rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions Ihereof) provided, and
shall be submitted to the City at the following address:
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Fernando Pestana,Administrative Services Manager
Tourism and Culture Department
1755 Meridian Avenue, 5�" Floor
Miami Beach, FL 33139
ferna ndopestana@miamibeac hfl.gov
With copy to:
Lissette Arrogante, Director
Tourism and Culture Department
1755 Meridian Avenue, Sth Floor
Miami 8each, FL 33139
lissettea rrogante@miami beachfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultan!shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the Clty, throuqh its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to ezercising its option to
teiminate for cause, Ihe City shall notify the Consultant ot 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 afterten(10)days, Ihe Ciry mayterminate 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.
Nolwithstantling the above, the Consultant shall not be relievetl of liability to the City for damages
sustained by the City by any breach of the Agreement by Ihe 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 cosls of such actions, induding reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTV (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 SHAIL BE PAID
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FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITV 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 ihe Agreement in the event the Consullant 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 6e ihe same as provitletl for in
Sectlon 52.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend antl 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 ezpenses, including, but not limited to, attomeys'
fees and costs, for personal, economic or bodily injury, wrongful deaih, 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 ConsWtant, its officers, employees, agents, contractors, or any
other person or entity acting under ConsultanPs control or supervision, in connection with, related
to, or as a result of ihe ConsultanPs performance of ihe Services pursuant to this Agreement To
that extent, ihe 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 ihe City in the defense of such daims and losses,
including appeals. The Consultant expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the ConsWtant shall in no way
limit the ConsultanCs responsibiliry to indemnify, keep and save harmless and defend the City or
its oKicers, employees, agents and instrumentalities as herein provided.
The parties agree that one percent(1%) of the total compensation to Consultant for pertormance
of the Services under this Agreement is Ihe specifc consideration from the City to Ihe Consultant
for the ConsultanYs indemnity agreement The provisions o� ihis Section 6.1 and ot this
indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Consultant shall maintain and carry in full force tluring the Term, the following insurence:
1. Consultant General Liability, In ihe amount of$1,000,000;
2. Consultant Professional Liability, in the amount of$200,000; and
3. Workers Compensation 8 Employers Liabi�ity, as required pursuant to Fbrida Statutes.
The insurance must be fumished by insurence 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
manaqement and not less than "Class Vf' as to sirength by the latest edition of BesTs Insurance
Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
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All of ConsWtanYs certificates shall contain endorsements providing [hat written notice shall be
given to the City at least thirty(30)days prior to termination, cancellation or reduction in coverage
in the policy. The insurance ceRificates for Gene21 Liability shall include the City as an additional
insured and shall contain a waiver of subrogation endorsement.
Original certifcates of insurance must be submitted to the Ciry's Risk Manager for approval(prior
to any work and/or services commencing)and will be kept on f le in the Oflice of Ihe Risk Manager.
The Ciry shall have the right to obtain from the Consultant specimen copies of the insurance
policies in the event that submitted certifcates of insurance are inadequate to ascertain
compliance with required coverage.
The Consultant is also solely responsible for obtaining and submitting all insurance certifcates
for any sub-consultants.
Compliance with the foregoing requirements shall not relieve the ConsWtant of the liabilities and
obligations under this section or under any other portfon of this Agreement.
The ConsWtant 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/JURV TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Flonda. This
Agreement shall be enforceable in Miami-Dade Counry, 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 ihis Agreement, Consultant and the City expressly waive any nghts either party may have to
a trial by jury of any civil litigation related to or arising out of Ihis Agreement.
SECTION 6
LIMITATION OF CITY'S LIABILITY
The Ciry 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.
ConsWtant hereby expresses its willingness to enter into this Agreement with ConsWtanYs
recovery from the Ciry tor any tlamage adion for breach of contract to be limited ro a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, ConsWtant
hereby agrees that the City shall not be liable to ihe Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contrect 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 76828, Florida
Statutes.
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SECTION 9
DUTY OF CAREICOMPLIANCE WITH APPLICABLE LAWSIPATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, ConsWtanl shali exercise
that tlegree ot skill, care, efficiency antl diligence normally exercised by reasonable persons
andlor recognized professionals with respect to Ihe pertormance of compara6le work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its pertormance of Ihe Services, ConsWtant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS: COPYRIGHT: CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, as well as all information specifications,
processes, tlata antl fintlings, are intendetl to be ihe property of the City and shall not otherwise
he made puhlic andlor disseminated by Consultant, without the prior written consent of the City
Manager, excepting any informatioq records etc. which are required to be disclosed pursuant to
Court Order andlor Florida Public Records Law.
All reports, documents, articles, tlevices, andlor work produced in whole or in part under ihis
Agreement are intended to 6e the sole and exciusive property of the City, and shall not be subject
to any applicalion for copyright or patent by or on behalf of the Consultant or its employees or
sub-consultanis, without the prior written consent of ihe City Manager.
SECTION 10
GENERAL PROVISIONS
10.1 AUDITANDINSPECTIONS
Upon reasonable verbal or writlen notice to Consultant, and at any time dunng 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 6e 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
antl all other documents and/or recortls relating to all matters covered by ihis Agreement.
ConsWtant shall maintain any and all such records at its place of business at the address set
forth in the "Notices" section of Ihis Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of Ihe City of Miami Beach, the City has established
the Office of the Inspector General which may,on a rendom basis, pertorm reviews, audits,
inspections and investigations on all City contrects, throughout the duration of said
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conirac(s. 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 Iransactions. In addition, Ihe inspector General has the power to subpoena
witnesses, administer oaths, require Ihe production of witnesses and monitor City projects
and programs. Monitoring of an existing Ciry project or program may indude a report
conceming whether the project is on time, within budget and in confortnance with Ihe
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor,oversee, inspectand review operations,activities, perfortnance
and procurement process including but not limited to project design, bid specifications,
(bidlproposal) submittals, activities of the Consultant, its officers, agents and employees,
lobbyists, City staR and elected officials to ensure compliance with the wnt2ct documents
and to detecl fraud and corruption. Pursuant to Section 2-378 of ihe City Code, the City
is allocating a percentage of its overall annual con[ract 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 empoweretl to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, perfortnance and procurement process including but not limited to
project design, bid specifications, (bid/proposal)submittals, activities of the Consultant its
officers, agenis and employees, lobbyists, Ciry staff and elected officials to ensure
compliance with the con[ract documents and to detect fraud and wrruptioa
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the ConsultanCs possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of Ihe contract, induding, 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, (bidlproposal)
and con[ract documenis, back-change documents, all documents and recortls which
involve cash, hade or volume discounts, insurance proceetls, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E) The Consultant shall make available at its office at all reasonable times the rewrds,
materials,and otherevitlence regarding the acquisition(bid preparation)and performance
of this Agreement, for examination, audit or reproduction, until three (3) years aRer hnal
payment under Ihis Agreement or for any longer period required by statute or by other
clauses of ihis Agreement. In addition�.
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i. If this Agreement is completely or partialty terminated, the Consultant shall make
available recortls relating to the work tertninated until three (3) years aRer any
resulting fnal termination settlement; and
ii. The Consullant shall make available recortls 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 fnally resolved.
(F) The provisions in this section shall appty to the ConsultanL its officers, agents,employees,
subcontractors and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontrects and all other agreements executed by the Consultanl in
connection with the pertormance of this Agreement.
(G) Nothing in this section shall impair any independent rigM 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 liabiliry on the City by tha Consultant or third parties.
10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or Iransfer all or any portion of any work and/or service
under lhis Agreement without the pnor written consent of the City Manager, which consent, i�
given at all, shall be in the Manager's sole judgment and discretion. Neither Ihis AgreemeM, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to Ihis section, and any attempt to make such assignment(unless approved) shall be
void.
10.4 PUBLICENTITYCRIMES
Prior to commencement of the Services, the Consuitant shall file a Slate of Florida Form PUR
7068, Swom Statement under Section 287.133(3J(a) Florida Statute on Public Entity Crimes with
ihe City's Procurement Division.
t0.5 NO DISCRIMINATION
In connection with the pertormance of the Services, the Consuflant shall not exclutle from
participation in, deny ihe benefits of, or subject to discrimination anyone on the 9rounds of race,
color, national origin, sex, age, disability, religion, income orfamily status.
Addi[ionally, ConsultaM shall comply fully with the City of Miami Beach Human Rights
Ortlinance, codifed in Chapter 62 of the Cily Code, as may be amendetl from time to time,
prohibiting discrimination in employmeM, housing, public accommodations, antl public services
on account of actual or perceived 2ce, cobr, national origiq religion, sex, intersexualiry, gender
identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political aKiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to atlhere to and be governetl by all applicable Miami-Datle County
Con�lict 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,
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as may be amended from time to time; both of which are incorporated by reference as if fully set
forth herein.
ConsWtant covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly,which wuld conflict in any manner or degree with the performance of the Services.
Consultant further covenanls that in the pedormance of this Agreemenl, Consultant shall not
employ any person having any such interesL No member of or delegate to the Congress of the
United States shall be admitted to any share or part of Ihis Agreement or to any benefts arising
therefrom.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consuflant shall comply with Fbritla Public Records law under Chapler 119, Florida
Statutes, as may be amended trom 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, flms, 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 oKcial business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the ConsWtant meets the definition
of"Contrector" as defined in Section 119.0701(1)(a), lhe Consultant shall:
(1) Keep and maintain public records required by the Ciry to pertorm the service;
(2) Upon request (rom Ihe City's custodian of public records, provitle the City with a
copy of the requested records or allow lhe records to be inspecletl or copied within
a reasonahle 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 recortls that are exempt or confdential and exempt from public
records tlisclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the ConSWtant does not transfer the records to Ihe City;
(4) Upon completion of the Agreement, transfer, at no wst to the City, all public
records in possession of the Consultant or keep and maintain publlc records
required by the City to perform the service. If lhe Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall destroy
any du plicate public records that are exempt or confidential antl ezempt 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 recortls. All rewrds storetl
eleclronically mus[be provided to the City, upon request from the City's wstodian
of public recortls, in a format that is compalible with the information technology
systems of the Ciry.
(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 Ciry. If the City tloes not possess the
requested records, the City shall immediately notify Ihe Consultant of the request,
and the Consultant must provide the records to the City or allow lhe records to be
inspected or copied within a reasonable time.
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(2) ConsWtanPs 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
te�minate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itself of any available remetlies 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 fo penaltles under s. 119.10.
(E) CIVILACTION.
(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 ConsWtant the reasonabie 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 ihe action, the plaintiif provided written
notice of the public recortls request, including a statement that Ihe 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 Ihe City's custodian of
public records and to ihe Consultant at the ConsultanPs address listed on its
contrect with the City or to the ConsultanPs 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 o�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: RAFAELGRANADOCa�MIAMIBEACHFL.GOV
PHONE: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to pertorm 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 ihe event Subject to the fore9oing criteria, Force Majeure may include
events such as war, civil insurrectioq riot, fires, epidemics, pandemics, tevorism,
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sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, shikes, shong hurricanes or tornadoes, earthquakes, or other acis 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 ConsultanCs pertormance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediatety, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within ffteen (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, antl (v)of
what course of action such party plans to take in order to mitigate the detrimenlal 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 ihis section; however,
receipt of such notice shall not constitute acceptance that the event claimetl 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 b carry out its obliqations under the Agreement
during a period when such party is rentlered unable, in whole or in part, by Force Majeure
to carry out such obligations. The suspension of any of Ihe 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
pertorm its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, antl to correct or cure the event or
condition ezcusing pedormance and otherwise ro remedy its inability to pertorm to lhe
eztent its inability to peAorm is the direct resWt of the Force Majeure event with all
reasonable tlispatch.
(D) Obligations pursuant b the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of perfortnance, shall not be excused as a result
of such occurrence unless such occurrence makes such pertormance not reasonably
possible- The obligation to pay money in a timely manner for obliqations and liabilities
which matured prior to Ihe occurrence of a Force Majeure event shall not be subject to the
Force Majeure provisions.
(E) Notwithstanding any other provision to the confrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the Ciry Manager, suspend the City's
payment obligations under Ihe Agreement,and may take such action without regartl to the
notice requiremenis herein. Additionally, in the event Ihat an event of Force Majeure
tlelays a party's pertormance untler ihe Agreement for a time period greater than thirty
(30) days, the City may, at the sole tliscretion of the City Manager, termina[e the
Agreement on a given date, by giving writlen notice to ConsWtant of such termination. lf
the Agreement is terminatetl pursuant to this section, ConsWlant shall be paid for any
Services satisfaclonly 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
beyontl its stated term.
11
Docusign Envelope 10:D0D]ES]5-BFB9-0908-898F-0SC�G2B896EA
10.9 E-VERIFY
(A) Consultant shail compry with Section 448.095, Florida Statutes, "Employment Eligibility"
("EVerify Statute"), as may be amended from time to time. Pursuant to the E-Venfy
StaNte, commencing on January 1, 2021, ConsWtant shall register with and use ihe 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 pedorming work or providing services pursuant to the Agraement to
likewise utilize the U.S. Department of Home�and Securi�y's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsWtant during the contract
Term. If ConsWtant enters into a contrect with an approved subconsultant, the
subconsWtant must provide the Consultant wiih an affidavit slating that Ihe subconsWtant
does not employ, contract with, or subcontrect with an unauthorized alien. Consultant
shall maintain a copy of such affidavit for Ihe duretion of the Agreement or such other
extended period as may be required under this Aqreement.
(B) TERMINATION RIGHTS.
(1) If ihe City has a good faith belief ihat Consultant has knowingly violated Section
448.09(1), Flonda Statutes,the City shall tertninate Ihis Agreement with ConsWtant
for cause, and the City shall ihereafter have or owe no further obligation or lia6ility
to Consultant.
(2) If the Ciry has a good faith belief Ihat a subconsultant has knowing�y violated Ihe
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsectioq the Ciry will promptly notify the Consultant and order the Consultant to
immediateyterminatetheAgreementwiththesubconsultant ConsWtanfsfailure
to terminale a subconsWlant shall be an evenl of defaWl under ihis Agreement,
entitling City to terminate the Consultanfs contrect for cause.
(3) A contrect terminatetl under Ihe foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or ConsultaM or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Suhsection (8)(1)or
(B)(2) no later than 20 calendar days after the date on which the conVact was
terminated.
(5) If ihe City terminates ihe Agreement with Consultant under the foregoing
Subsection (B)(i), Consuitant may not be awarded a public contract for at least 1
year after Ihe date of termination of this Agreement.
(6) Consultant is liable tor any additional costs incurced hy the City as a result of the
termination of this Agreement under ihis Section 10.9.
10.10 Prohibition on Contractina with a Business Enpaninq in a Bovcott
Consultant wartanis and represents ihat it is not wrrently engagetl in, and wi11 not engage in, a
boycott, as defined in Section 2375 of the Ciry Code. In accordance with Section 2-375.1(2)(a)
of Ihe City Code, Consultant hereby certifies that Consultant is not currently engagetl in, and for
the duration of this Agreement, will not engage in a boycott of Israel.
10.11 Prohibkion on Contractina with an Individual or EntiN which has performed
services for comoensation to a candidate for Citv elected office
Consultant warrants and represents that, within two(2)years afler ihe Effective Date, Consultant
has not received compensation for services performed for a candidate for City elected offce, as
12
Docusign Envelope ID�.04�]E968Fe9J9D9-898F-DSC042B894EA
conlemplatetl by the prohibitions and ezceptions of Section 2379 of the City Code. For the
avoitlance of tloubt, the restrictions on contrecting with Ihe City pursuant to Section 2-379 of the
City Code shall not apply to the following�.
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual or entity that provides services to a candidate for office if those same
services are regularly pertormed by the individual or entity in the ordinary course of
business for clients or astomers other than candidates for office. This includes, without
limitation, banks, telephone or intemet service providers, printing companies, event
venues, restaurants, caterers, transportation providers, and office supply vendors.
(c) Any individual or entity which performs licensed professional services (including for
example, legal or accounting servicesj.
10.12 ConsultanYs Comoliance with Anti-Human Tra�ckina Laws
ConsWtant agrees to comply with Section 787.06, Fbrida Statutes,as may be amended from time
to time, and has executed the Anti-Human Traflicking Affidavit, containing the certifcation of
compliance with anti-human trefficking laws, as required by Section 787.06(13), Florida Statutes,
a copy of which is attached hereto as Exhibit"B".
10.13 Prohibition Aoainst Contractina with Foreian Countries of Concern when an
Individual's Personal IdentiNina Information mav be Accessed
ConsWtant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended
from time to time, which states that as of January 1, 2024, a govemmental entity may not accept
a bid on, a proposal for, or a reply to, or enter into, a conUact with an entity which would grant Ihe
entity access to an individual's personal identifying information (PII), unless the entiry provides
the governmental entity with an affidavit signed by an officer or representative of the entiry under
penalry of perjury attesting that the entity does not meet any of Ihe criteria in Paragraphs 2(a)-(c)
of Section 287.138, Florida Statutes (a)the entity is owned by a government of a foreign country
of concem; (h) Ihe government of a foraign couniry of concern has a controlling interest in the
entiry; or (c)the entity is organized under the laws of or has its principal place of business in a
foreign country of concem (each a "Prohibitetl Entity"). A foreign country of concern is defned in
Section 287.138 (1)(c), Floritla StaWtes, as may be amendetl from time to time, as the People's
Republic of China, the Russian Federetioq the Islamic Repuhlic of Iran, Ihe Democratic People's
Republic of Korea,the Republic of Cuba,the Venezuelan regime of Nicolas Maduro, or Ihe Syrian
Arab Republic, induding any agency of or any other entity of significant control of such foreign
country of concern. Additionally, beginning July 1, 2025, a governmental entity may notextend or
renew a contracl with a Prohibited Entity. Consultant warrants and represenis Ihat it does not fall
within the defnition of a Prohibited Entity, and as such, has caused an authorized representative
of Consultant to execute the "Prohibition Against Contracting with Entities of Foreign Countries o(
Concem AtfidaviP', incorporatetl herein by reference antl attached hereto as Exhibit"C".
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be tlelivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, retum receipt requested, postage prepaitl, or by a nationally recognized
ovemight delivery service.
13
Docusign Envelope 1�:04�]ES]5-BFB9d906-898F�5COJ2B894EA
Unlil changed by notice, in writing, all such notices and communications shall be addressed as
follows.
TO CONSULTANT: Peter London
Peter London Global Dance Company
1470 NE 123 St
Apt#605 North Miami, FL 33161
TO CITY: Lissette Garcia Arrogante, Director
Tourism and Culture Department
1755 Meridian Avenue, 5'" Floor
Miami Beach, FL 33139
Notice may also be provided to any other address designated by the party to receive notice i(such
altemate address is provided via LLS. certifietl mail, retum receipt requested, hand delivered, or by
ovemight 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 instmction as specrfically provitled for by Ihe party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
da�e of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.7 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or aiteretion of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal tligniry 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 tertn and provision of this Agreement shall be
valid and be enforced to the fullest extent peimitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement A party's waiver of any breach ot a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be conshued
to be a modification of the lerms of this AgreemeN.
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 untlerstanding of alt rights
and obligations herein and that the preparation of this Agreement has been a joint eftort of Ihe
14
Docusign Envelo0e ID'.DdD)ES]5-BFB9�90B-898FDSC�G2B89JEA
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 ENTIRETYOFAGREEMENT
The City and Consuflant agree that this is the entire agreement between the parties. This
Agreement supersetles all prior negotiations, correspondence, conversations, agreements or
understandinqs applicable to the matters contained herein, and there are no commitments,
agreemenis or understandings concerning the subject matter of this Agreement ihat are not
contained in this document Title and paragraph headings are for convenient reference and are
not intended to wnfer any rights or obligations upon the parties to this Agreement.
[REMAINDER OF THIS PAGE LEFf INTENTIONALLY BLANK�
15
Docusign EnvelopelD'.DAD]E5]&BFB9-490B-898FO5C042BB9AEH
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ezecuted
by their approprlate officials, as of Ne date first entered ahove.
FOR CITY: CITY OF MIAMI BEACH, FLOftIOA
ATTEST:
By:
� � r'
City Clerk Ciry Manager
.IUU O Z ZOZJ APPROVEDASTO
oate: FORM &LANGUAGE
-!"_M�_g,�C,'S
&FOR EXECUTION
v.... —�1'�
:d.'' .y, �a-�liw�-- Z5
� i ; � City Ariomey >:sY Dat
s, iIXfORP �AAtEO? : �
•,�.•. Ty:_ i
",Y�.. � .:'
FOR CONSULTANT:
�"�H��"�9 Peter �ondon Global Dance Company
ATTEST:
r
B . . L! �m.-�- S � �a�'.�-
f/// � ���N�� Petec London,Foundec and Actistic Dimctac
"" P�rin�t�Name and Title /✓�f+��� Print Name and Title
Date' �/ 30 7Jr7�.�
16
Oocusign EnvelopelD'.D6D]ES]5-BFB9A90B-898F-DSC042B894EA
E:hibit A- Scope of Services and Fees
Peter London Global Dance Company will provide services for cultural programming
during the 2025 Miami Beach OnStage! Juneteenth Celebretion.
The Peter London Global Dance Company will host the Juneteenth performance in partnership
with Miami Beach OnStage! program on June 19, 2025. Services shall include all aspects of
event production, equipment rental, artist fees, sound production and coordination with Ciry
staff.
Eventinformation:
Date: Thursday, June 19, 2025
Time: 530 PM -7:00 PM
Location: 1100 Block of Lincoln Road
FEES
In consideration of the Services to be provided, Consultant shall be compensated for a total
amount not to exceed 59,000
Payment#1- Four Thousand Five Hundred Dollars and No Cenls ($4,500.00). To be paid upon
execution af Agreement.
Payment#2 Four Thousand Five Hundred Dol�ars and No Cents (54,500.00). To be paid upon
completion of progremming activity as oullined in lhe Agreement and described above.
[fHE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
17
�acusi9�Envelope 10-.D4D]E5]S6FB9A906-898FOSC042B894EA
EXHIBIT"8"
ANTI•HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13�, Plorida Statutes, �he undersigned, on behaR of Peter London
Glo6al Dance Company('Consultant")hereby attesls under penalty of perjury that tha Consultant does
not use coercion for la6or or services as de9ned in Section 787.06, Plorida Statutes, entitled "Human
Trafficking".
I untlerstand Ihat I am swearing or affrming under oath to the truthfulness of the claims made in this aHidavit
and ihal the punishment for knowingly making a false statement includes fines andlor imprisonment.
The undersignetl is aul�orized to execute this aflidavit on behalf of[he Consul�an[.
Consultant:
Peter London G'�lobral Dance Company., a Floriaa not a profit corporetion.
`�-� S G�..� 1470VHI235tApt>605NorthMlamiPL37t61
NamelTitle�. Peter Lon on.Founder and Artislic Director (Address)
state ot FG7l21 AA
co��ryor M�AH1- DAD6'
The foregoing inst ent was ackn wledge before me by meerans physical presence or online
notarization, �his a of L.__, 202yoy �N
a,q��AC� I1S'liC /2 PLt Af /w1[_ , a
cyyporatwn kn n to me to be Ihe person des ribed hereiq or who protluce
p���„�,/��r�i<�r as identificatior, antl who did/did not take an oath.
B I �
�(Sig Iufe) N�ORFA�-�'�✓`�„7�
/� q��// �/� '��'; NYWNYISSIW�tHN19207R
Af��7���GL/-�R��� f. .
dt E1�IM1ES:UK<rtdK���
(PnntName) \.�:%?�' e"N°°TM"IMaYRM`uAxwW�
My commission expires: 'r�. y�i+i„S�
18
Dacusign Envelopel0:D4D]ES]5-BFB9d908-898F05C042B894EH
EXHIBIT"L"
PROHIBITION AGAINST CONTRALTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT
In accordance with Section 287.138, Florida StaNles, incorporatetl herein by reference, [he undersigned,
on behalf of Peter London Global Dance Company. ("ConsWtanC), here6y attests under penalry of
perjury that Consultant dces not meet any of the following criteria in Paragraphs 2(a}(c)of Section 287.138,
Flwitla Statutes'. (aj Consultant is owned by a government of a foreign country M concern; (b) the
government of a foreign country of concem has a controlling iNerest in Consultant; or(c) Consultant is
organized under the laws of or has its principal place of business in a foreign country of wncem.
I untlerstand that I am swearing or atfirming untler oath, under penalties of perjury, to the trutMulness of
ihe claims made in�his affdavit and that ihe punishment For knowingly making a false slalement inUudes
fines and/or impdsonment.
The undersigned is authorized to execute ihis affidavtt on behalf of the Consultanl.
Consultant:
Peler London Global Dance Company., a Fiorida not for profit corporation.
�-�'f�5 �jj�y 1470NB123RDS7�APT.x605,NorthMiamI,FL33161
Name/Title' Founder and ARistic Direccor (Addfess)
State of�'�'iDl2(D�Q-
County of -
The foregoing instrument was acknowledged before me by �JE���s o physicalp resence or 7 online
no[anzation, ihis day o! ,(�__� 20�Sby ��C �.DA7��Il� ,
��� n p �t./�/� /A�! . a 1R//��
cor�retion, kn n to m-'e'�So"� e pereon escribed hereiq r who pmduwd
LIC.lr/� es itlennfic�atlon,and who did/did not take an oath-
AR B
,-.at'''.ryg�':, /JlDIiFAD.ONqGNiEN
(Si naNre) :•� ����e���
p;� EJmMtES:oennmpar4.
e
�in2� E7. D it,/166� '"". �,°'°""""""°"`�
....
�nt Name)
My commission expires:!���
19
Docusign Envelope 10:D4WE5]5-BFB9-0908-899FD5C042B894EA
H`VKLI CERTIFICATE OF LIABILITY INSURANCE ���E�MM���'�,
�SI16rz025
THIS CERTIFICATE IS ISSUED AS A MqTTER OF INFORMATION ONLY AND CONFERS NO RIGNTS UPON THE CERTIFICATE NOLDER.THIS
CERTIFICATE UOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE GOLILIES
BELOW. THIS CERTIFICATE OF INSIIRPNCE OOES NOT CONSTITIITE A CONTRACT BETWEEN THE ISSUING INSURER(S�, AUTHORIZED
REPRESENTATNE OR PRODUCER,ANU TXE CERTIFICATE HOLDER.
IMPORTANT: R the cerli(cate holtler is an A�OITIONAL INSUftEO,tM1e policy�ies)must be entlorsed if SUBROGATION IS WAIVE�, subjed
b�he lerms antl conditions ol Ihe paliry,certain policies may require an entlarsement A sWlement on[M1is ceNificale tloes nol con(er rigMs
to tM1¢certifcate haltler in lieu M sucM1 entlorsement�s.
PP�OOCEP
FL D¢an Greg Napoli "�"x���*
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FORT MYERS,FL 3J90]-5]]5 eooness: 9reg.napoll(�ftlean.com
IHSOflERIS��FFOP�INGCOVEP1pE HPICY
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INSURE� SPOPiSPN�PEC0.fAilONFFOVI�EP5AS50CIRilON�PIIPCHq51NGGPOUP�ANO INSURERB:
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1q0 NE 133RD ST APT 605 ixsuaeao:
NORTN MIAMI,FL 331fi1-fi0i0 iqsuaea¢�.
INSOFEP F�,
COVERAGES CERTIFICATE NUMBER: GAP132044 REVISION NUMBER:
TMI515 TO CERTIFY THAT iXE POLICIES OF INSORANCE LISTED BELOW HFVE BEEN ISSUEO TO TNE INSURED NAME�HBOVE FOR THE POLICY PERI00
IN�ICATE� NOiWITHSTHN�ING HNV RWUIREMENT, iENM OR CON�ITION OF qNY CONTRACi OR OTMER QOCUMENT WITH RESPECT i0 WXICM
THIS CERTIFICATE MHY BE ISSUE� OR MAV PERTAIN. THE INSURANCE AFFORDEO BV THE POLIGES DESCRIBE� HEREIN IS SOBJECT TO PLL THE
TERMS E%CLIISIONS AN�CON�ITIONS OF SUCM POLICIES. LIMITS SHOWN MAY MAVE eEEN ftEDUCE�BV PAID LLAIMS.
iYPEOFINSYRPMLE NIIMBEN LIMRS
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SchMuletl AcliviHes Ezclusion Applies-Please Reterto Nametl Insuretl MemOer CeNificah oiCovenge
CERTIFICATE HOLDER CANCELLATION
City of Miami Beach SHOOLO /�NV OF THE RBOVE OESCRIBEO POLICIES BE CRNCELLEO
1]00 COIIVCO(i0�OliV2 9EFORE THE EXPIMTION DATE THEREOF,NOTICE WILL 9E DELIVEREO IN
Miami Beach , FL 33139 RLLOflORNCE WITH THE POUCV PROVISWNB.
•u*voa¢eo nerxesexum�
Frar.ciy L Deaw
ACOR� 35(2016IOJ� O 1908-2016 ACORO CORPORATION. All rights reservetl.
The ACORD name and logo are regis[ered marks of ACORD
Docusign Envelo0e10'.D4D]ES]5-BFB9A90B-B98F-DSC042BB94EA
MIAMIBEACH
Agreemen[—Peter London Glohal �ance Company OnStage!
luneteenth 2025 Professional Services Agreement
Pe[er London Global Dance Company Tourism and Culture Oepartment
Lissette Garcia Arrogante nnana He.�a�de: � „"x
T�pe i-co�naa,ame�ame��,manqe amer,or casp order resum�¢imm a o�ocu�eme�o-�ssuea comoenn.e sor�urano�.
ryae z-amer convza,zmenemeoc�nznee omer,or cz:F omer noc re:wcma nom a o,ocu,eme�t�i::uea aompemi�e:oraexno�.
TVGe3-IntlepenEentConVa<[orAgrtement�ICA� Type6-TenantAgreemen[
TYGed-Grantagreemen[swi[M1IM1eCiryaslM1erecipienl Type]-In[er-gwemmentalagenryag2emml
TypeS-Gran[agreemen[swllh[heCiryazlheg�an�o� % TYpe9-0ther5penalEvenlsPgreement
Agreement with Peter London Dance Company as part of the OnStage! series.This agreement
isfunded from the Cultural Programming/Activation budget alloca[ions in the Resort Tax Fund.
Grant FundeE: Ves No Stare Federal other
1 $9,000 160-0380-00034&25-406-548-00-0�-00- �r Ves % No
2 Yes Na
3 Ves No
4 Yez Na
5 Yes Na
1. For connaz[s longer[han�ive years,[on[aR[he Promremenl�epartment l.A[[ach any supporting explana[ion needed.
3.Butlget approval intlica[es apP�o�al for Ne current fiscal year only.Fumre years are subjec[[o Clry Commission approval of
the annual adopred operating budget.
iry Commission Approved: Yes i No Resolution No.: fC Agenda Item No.: CC Meeting�a[e:
K 2�23-32785 R)9 September 28,2013
If no,enpleln why CC approval Is not repulred_
egal Porm Nppmved: X Yes No If no,eeplain below wM1V Porm appmval is noI ne[essary:
Vromremen[ 6rants:
Budget TamekaOlroS[ewart Informa[ionTechnology:
:��
fliskManagemen[: MarcC�evalier - Fleet&Facilities:
nJ
Human Resourtts: other