Resolution 2025-33828 202533828
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND JANET ECHELMAN, INC., IN AN AMOUNT NOT TO EXCEED
$150,000, FOR THE INSTALLATION AND MAINTENANCE OF A
TEMPORARY PUBLIC ART COMMISSION ENTITLED "WHEN LINES SHIFT"
IN THE EAST CORRIDOR OF ESPAWOLA WAY, FOR A TERM OF ELEVEN
(77) MONTHS, IN CONNECTION WITH THE ELEVATE ESPAIVOLA
PROGRAM, WITH FUNDING ALLOCATED AND AVAILABLE IN THE
ELEVATE ESPANOLA PROGRAM BUDGET FOR THE CURRENT FISCAL
YEAR; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO FINALIZE AND EXECUTE THE AGREEMENT.
WHEREAS, cultural and artistic resources, including art works and the performing arts,
enhance the quality of life for individuals living in, working in, and visiting the Ciry; and
WHEREAS, the balanced development of cultural and artistic resources preserves and
improves the quality of lhe urban environment and increases real property values; and
WHEREAS, inaugurated in 2022 to enhance the Espanola Way corridor, Elevate
Espanola is a dedicated art presentation site that commissions installations suspended above
the historic Espanola Way corridor, providing pedestrian connectivity between Espanola Way
and Ocean Drive; and
WHEREAS, featuring annual projects, Elevate Espanola plays an important role in
bringing contemporary art to one of the most publicly visible areas of Miami Beach; and
WHEREAS, selection of artists for Elevate Espanola is made via the Art in Public Places
Committee (AiPP) and funded through lhe Cultural Arts Council Fund for Temporary Art
Installations; and
WHEREAS, the scope of work for the selected artist inGudes fully developing the project
within the allocated budget, which is inclusive of design, engineering, fabricalion, installation,
insurance and any other cost associated with the implementation of the work; and
WHEREAS, past selected recipients include FriendsWithYou, Carlos Bentancourt,
Edouard Dwal-Carrie, Jillian Mayer, Assume Vivid Astro Focus, Beatriz Chachamovits and Jen
Stark; and
WHEREAS, on January 17, 2025, the City, through its Tourism and Culture Department
Cultural Affairs Division, released a Call to Artists, requesting qualifcations from professional
artists and/or artist teams to create a site-specific temporary public art installation to be located
at the East corridor of Espanola Way, between Washington Avenue and Collins Avenue for the
Elevate Espanola program; and
WHEREAS, on March 31, 2025, the Call to Artists for the Elevate Espanola program
was cbsed, receiving 44 submissions, wilh three (3) applications being shortlisled by Tourism
and Culture Department staff; and
WHEREAS, at the May 20, 2025 AiPP Committee meeting, the three (3) shortlisted
applications were shared with the Committee; and
WHEREAS, the AiPP Committee selected two (2) artists, Germane Barnes and Janet
Echelman, to develop a full proposal for the Espanola Way program and present it fo the AiPP
Committee; and
WHEREAS, at the June 17, 2025 AiPP Committee meeting, the two (2) finalist artists in
the Elevate Espanola program, Germane Barnes and Janet Echelman, presented their detailed
proposals to the AiPP Committee for final selection; and
WHEREAS, the "When Lines Shik" proposal by artist Janet Echelman (the "Installation")
was recommended as the selected temporary public art installation for the Elevate Espanola
program, shared via LTC#248-2025; and
WHEREAS, the Installation is inspired by the artisPs family ties to the State of Florida
and its local shifting survey markers; and
WHEREAS, the Installation combines both 2- and 3-dimensional drawing in space, like
the historic lines which mapped the curving shoreline of South Florida's coast, and utilizes
physical rope lines fized to anchors on the Espanola Way walls, which generate painted lines on
the adjacent walls, making the mural itself a map o(the sculpture; and
WHEREAS, the Installation explores the complex human experience of adapting to
current and future environmental change; and
WHEREAS, the Administration requests the following: (i) approval of a Professional
Services Agreement (the "AgreemenP'), attached to the City Commission Memorandum
accompanying this Resolution as Exhibit A, with Janet Echelman, Inc., in an amount not to
exceed $150,000, for the installation and maintenance of a temporary public art commission
entitled "When Lines Shift" in the east corridor of Espanola Way, for a term of eleven (11)
months, in connection with the Elevate Espanola program, with funding allocated and available
in the Elevate Espanola program budget for the current fiscal year, and (ii) authorization for the
City Manager to finalize and execute the Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OP MIAMI BEACH, FLORIDA, ihat the Mayor and City
Commission hereby approve, in substantial form, a Professional Services Agreement between
the City of Miami Beach and Janet Echelman, Inc., in an amount not to exceed $150,000, for
the installation and maintenance of a temporary public art commission entitled "When Lines
Shik" in the east corridor of Espanola Way, for a term of eleven (11) months, in connection with
the Elevate Espanola program, with funding allocated and available in the Elevate Espanola
program budget for the current fscal year; and further authorize the City Manager and City
Clerk to finalize and execute the Agreement.
PASSED and ADOPTED this '�day of 7u� , 2025. ��/�
Steven Meiner, Mayor
ATTES� I�I ? F �(�25 Af'�'ROVED /�STO
FORM & LFlD!GUP.G�
Rafael . Granado, City Clerk & R EXECUI ION
� �7 21� ZOLS
CityAttorney�� Date
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
JANET ECHELMAN, INC.
FOR
A TEMPORARY PUBLIC ART INSTALLATION AS PART OF
ELEVATE ESPAWOLA PROGRAMMING
This Professional Services Agreement ("AgreemenP') is entered into this day of
2025 ("Effective Date"), belween the qTY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida, having its principal
office at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and JANET
ECHELMAN, INC., a Massachusetts corporation, having its principal office at 64 Coolidge
Street, Brookline, Massachusetts 02446 ("ConsultanY' or"ArtisC').
SECTION t
DEFINITIONS
Agreement This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager. The chief administretive officer of the City.
City Manager's
Designee: The Ciry staR member who is designated by the Ciry Manager to
administer this Agreement on behalf of the City. The City Manager's
designee shall be the Tourism and Culture Department Director.
Artist For the purposes of lhis Agreement, Artist shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit "A" hereto (the "Services").
Although Consultant may receive 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
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Consultant; where the Services are performed (although the City will provide Consultant with the
appropriate location to pertorm the Services); when the Services are performed, including how
many days a week the Services are performed; how the Services are pertormed, or any other
aspect of the actual manner and means of accomplishing the Services provided.
Notwithstanding the foregoing, all Services provided by lhe 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
Directar
Tourism and Culture Department
City of Miami Beach
1755 Meridian Avenue, 5'" Floor
Miami Beach, FL 33139
I issettea rroga nte@m ia m i beachfl.gov
2.2 ConsultanYs 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 lerm 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 eleven (11)
months from the date of project opening.
Nohvithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or pertormance 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, ConsWtant shall be compensated on a
fixed fee basis, in an amount not to exceed $150.000.00 (the "Fee").
The Fee shall constitute full compensation for all services and materials to be pertormed and
furnished by the Artist under�his Agreement, including any subcontracted work.
The Fee includes weekly meetings from July 9, 2025 to November 19, 2025 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.
4.2 Intentionally omitted.
4.3 The Fee shall be paid as described in the payment schedule referenced in Exhibit
B hereto.
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4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five
(45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall include a detailed description of the Services (or portions thereof) provided, and
shall be submitted to the City at the following address:
Fernando Pestana
AdminisUative Services Manager
Tourism and Culture Department
City of Miami Beach
1755 Meridian Avenue, 5'" Floor
Miami Beach, FL 33139
Fe rna nd oPesta na@m ia m i bea chfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or othervvise violates, any of Ihe
covenants, agreements, or stipulations material to lhis 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 Consul�ant of its violation of
the particular term(s) of this Agreement, and shall grant ConsWtant ten (10) days to cure such
defaWt. 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.
Nolwithstanding the above, the Consultant shall not be relieved of liabiliry to the City for
damages sustained by the City for any breach of the Agreement by the ConsultanL The City, at
its sole option and discrelion, 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
ConsWtant. The City shall be entitled to recover all cosis of such actions, including reasonable
attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S
SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR
WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE
SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE
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ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE 8Y 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 INSOIVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is
placed either in voluntary or involuntary bankruplcy 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 ConsultanYs control or supervision, in
connection with, related to, or as a result of the ConsultanYs pertormance 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 othenvise provided by
the Consultant shall in no way limit the ConsultanPs 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%o) of the total compensation to ConsWtant for
performance of the Services under this Agreement is the specific consideration from the City to
the ConsWtant for Ihe ConsultanYs indemnity agreemenL The provisions of Ihis Sec[ion 6.1 antl
of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The ConsWtant shall maintain and carry in full force during ihe 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 Fbrida Statutes.
The insurance must be fumished 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
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to management and not less than "Class VI" as to strength by the latest edition of BesPs
Insurance Guide, published by A.M. Best Company.
Timety 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 endorsemenL ConsultanYs insurance shall be primary and not
contributory for direct claims arising 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 (3) years following the ezpiration or 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 ORice 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 oblaining and submitting all insurance certificates
for any sub-consWtants.
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 JURISDICTIONNENUEIJURY 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, Fbrida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Agreement, Consultant and the City expressly waive any rights either party
may have to a trial by jury of any civil litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing lhe City can place a limit on the
City's liability for any cause of action, for money damages due to an alleged breach by lhe 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 ConsWtanPs
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 thai the City shall not be liable to the Consultant for damages in an amount in
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excess of $10,000 for any action or claim for breach of contract arising out of the performance
or non-pertormance 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.
SECTION 9
DUTY OF CAREICOMPLIANCE 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 INTENTIONALLY OMITTED
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manager may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit, examine,
and/ or inspect, any and all other documents and/or records relating to all matters covered by
this Agreement. Consultant shall maintain any and all such records at its place of business at
the atldress 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 Ciry 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 olher
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,
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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 Inspecror General
shall have the power to audit, investigate, monitor, oversee, inspect and review
operations, activities, pertormance 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 2378 of the City Code, the City is allocating a percentage of its overall annual
coniract expenditures to fund the activities and operations of the Office of Inspector
General.
(C) Upon ten (10) days written notice to the ConsWtant, the ConsWtant 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/proposap submittals, activities of the Consultant
its oHicers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the wntract 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 ConsultanPs 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 successfW subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all
documents and records which involve cash, trade or volume discounts, insurance
proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
(E) The ConsWtant 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:
i. If this Agreement is completely or partialty terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resWting final termination settlement; and
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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 ConsWtant shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by the
ConsWtant in connection with the pertormance 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 pursuaM 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, Swom Slatement 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 ConsWtant 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 (including independent contractors), housing, public
accommodations, public services, and in connection with its membership or policies because
of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair
texture and/or hairsryle, 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.
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Consultant covenants Ihat 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.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Fbrida
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 ConsWtant 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 o( 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 completlon of the Agreement, transfer, al no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Consultant keeps and
maintains public records upon completion of the Agreement, the Consultant shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of ihe City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contrect 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) ConsultanYs failure to comply with lhe 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.
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(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 fling 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 Ciry and to the
Consultant.
(2) A notice complies with subparagraph (�)(b) if it is sent to the City's custodian of
public records and to the Consultant at the ConsWtanTs address listed on its
contract with the City or to the ConsultanYs 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 enforcemeM.
�F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
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
PHO N E: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the pertormance 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 evenL Subject to the foregoing crileria, 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 pertormance. Force Majeure shall not include technological impossibiliry,
inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
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(B) If the City or ConsultanYs 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 othenvise to remedy its inability to
perform to the extent its inability to pertorm 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 resWt
of such occurrence unless such occurrence makes such pertormance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to
the Force Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend
the City's payment obligations under the Agreement, and may take such action without
regard to the notice requirements herein. Additionally, in the event that an event of
Force Majeure delays a party's performance under the Agreement for a time period
greater than thirty (30) days, the City may, at the sole discretion of the City Manager,
terminate the Agreement on a given date, by giving written notice to Consultant of such
termination. If the Agreement is terminated pursuant to Ihis section, ConsWtant 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.
70.9 E-VERIFY
(A) To the extent that ConsWtant provides labor, supplies, or services under this Agreement,
ConsWtant 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
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the Term of the Agreement. Additionally, Consultant shall expressly require any
subconsultant pertorming 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. 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 this 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, which prohibits any person from knowingly
employing, hiring, recruiting, or referring an alien who is not duly au[horized to
work by the immigration laws or the Attomey General of the United States, the
City shall terminate this Agreement with Consultant for cause, and the City shall
thereafter have or owe no further obligation or liability to ConsWtant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant othervvise complied with such
subsection, the City will promptly notify the Consultant and order the Consultanl
to immediately terminate the contract with the subconsultanL Consultanfs failure
lo terminate a subconsultant shall be an event of defaWt under this Agreement,
entitling City to terminate this Agreement 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 conVact 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) ConsWtant is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
ConsWtant agrees to comply with Section 787.06, Florida Statutes, as may be amended from
time to time, antl has executed the Anti-Human Traffcking Affidavit, containing the certification
of compliance with anti-human traRicking laws, as required by Section 787.06(13), Florida
Statutes, a copy of which is attached hereto as Exhibit C.
10.71 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
Consultant warrants and represents that it is not currently engaged in, and will not engage in, a
boycott, as defined in Section 2375 of the City Code. In accordance with Section 2-375.1(2)(a)
of ihe City Code, Consultant hereby certifies that Consultant is not currenHy engaged in, and for
the duration of the Agreement, will not engage in a boycott of Israel.
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10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE
Consultant warrants and represenis that within hvo (2) years after the Effective Date,
Consultant has not received compensation for services performed for a candidate for City
elected office, as contemplated by the prohibitions and exceptions of Section 2311 of the City
Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
3�1 of the Ciry Code shall not applv 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 performed by the individual or entity in the ordinary wurse of
business for clients or customers other than candidates for office. This includes,
without limitation, banks, telephone or internet 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 services).
10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION
MAY BE ACCESSED
Consultant hereby agrees to comply with Section 287.138, Florida S�atutes, as may be
amended from time to time, which states that as of January 1, 2024, a governmental entity may
not accept a bid on, a proposal for, or a repty to, or enter intq a contract with an entity which
would grant the entity access to an individuafs personal identifying information (PII), unless the
entity provides the governmental entity with an a�davit signed by an officer or representative of
the entity under penalty of perjury attesting that the entity does not meet any of the 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 concern; (b) the government of a foreign country of concem
has a controlling interest in the entity; 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 'Prohibited Entity"). A foreign
country of concem is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended
from time to time, as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the
Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including 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 not extend or renew a contract with a Prohibited Entity.
Consultant warrants and represents that it does not fall within the definitlon of a Prohibited
Entiry, and as such, has caused an authorized representative of Consultant to execute the
"Prohibition Against Contracting with Entities of Foreign Countries of Concern AffidaviP',
incorporated herein by reference and attached hereto as Exhibit D.
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SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personalty to the representatives of the Consullant and the City listed below or may be mailed
by U.S. Certified Mail, retum 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: Janet Echelman
Janet Echelman, Inc
64 Coolidge Street
Brookline, MA 02446
a rtst u d i o@e c h e I m a n.co m
TO CITY: Lissette Garcia Arrogante
Director, Tourism and Culture Department
1755 Meridian Avenue, 5'^ Floor
Miami Beach, FL 33139
LissetteArrogante@m iamibeachFl.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. certifed mail, retum 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 othenvise 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, amentlment, or alteration of ihe terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
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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 belween 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 documenL 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]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
City Clerk City Manager
Date:
FOR CONSULTANT: JANET ECHELMAN, INC
ATTEST:
By:
Print Name and Title Print Name and Title
Date:
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EXHIBIT "A"
SCOPE OF SERVICES
The City wishes to engage Artist to design, fabricate, transport, install and maintain a unique
and original work of art (also referred to herein as the "Artwork" or "ProjecP') 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").
(A) PATENT RIGHTS; COPYRIGHTS:
1. All copyrights, moral rights trademarks, service marks, logos in and to the artwork and other
images related to the artwork (if any), and any right to commercially ezploit the same (all of
the foregoing, collectively and individually, the "intellectual property") shall be the exdusive
property of Artist. Artist may apply to register any mark or copyright which depicts, is derived
from, represents, duplicates, or is related to the Artist and the artwork.
2. Physical copies of any photographs or video or other materials ("materials") prepared by or
created by the City shall remain property of the City at all times; however, the City grants
solely to the Artist a non-exclusive, perpetual, irrevocable and non-transferrable, non-
assignable, non-sublicenseable royalty free license for archival and promotional purposes.
3. Nolwithstanding any provision to the contrary, the City shall have ihe right, at its sole
discretion, while the artwork is exhibited at the site, to take, or cause to be taken,
photographs, video, audio, or other recordings or reproductions of the artwork at the site,
without regard to the format for any such recording or reproduction.
4. Additionally, Artist hereby grants the City the non-exclusive, irrevocable and royalry-free
license to reproduce, make, print and/or publish photographiq filmed or videotaped
reproductions (including, without limita�ion, any proposals for the artwork), and to use any
such reproductions, in any medium or format whatsoever, whether existing or hereinafter
invented, solely for (i) any non-commercial public promotional purpose solely for the City, or
any other non-commercial purpose that promotes or identifies the artwork as being located
within the City of Miami Beach, including tourism related promotional or collateral materials
with respect thereto, as determined solely by the City, in its reasonable good faith discretion,
and the Artist must always be credited as the creators of the arlwork.
5. In furtherance of the foregoing perpetual, irrevocable non-exdusive license, Artist hereby
waives any rights, including moral rights, that Artist may have to object to City's depiction of
the artwork as being located within the City or in any promotional materials of the City.
6. The City shall also have the right, at its sole discretion, to install signage prominently
displaying City's logo and highlighting City's support for the arts at the entrances to ihe site
and in proximity to the site, with such signage underscoring that the artwork was sponsored,
undervvritten, commissioned and/or othenvise made possible by the City of Miami Beach,
and the Mayor and City Commission of the City of Miami Beach. The City's marks shall
remain the property of the City and the Artist shall not have the right to use the City's marks,
unless approved in writing by the City Manager.
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7. The artist warrants and represents that all work shall comply with all applicable patent,
trademark and copyright laws, rules, regulations and codes. Artist further agrees that it will
not knowingly use any third party's patent, trademark or copyright unless Artist has obtained
proper permission and all releases, and olher necessary documents. If Artist uses any
protected material, process or procedure, artist shall disclose such patent, trademark or
copyright in the construction drawings and technical specifications and, in any event, prior to
actual fabrication of the artwork.
8. Notwithstanding anything stated to the contrary herein above:
S.L The materials may not be used on merchandise, specifically apparel items
8.2. The intellectual property may not be exploited separate and apart from the materials
8.3. Neither the materials nor the iMellectual property nor the name image or likeness of
artist may be used to endorse any product commodity or service or political view point.
(B�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.
(C) 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
documenis, 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 informalion 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.
(D)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 Artlst 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 Artisbdesigned components, whether fabricated by ArtisPs
subcontractors or included in construction documents to be fabricated and installed by
others.
(E) DELIVERABLES: The Artist shall provide the following deliverables:
1. PROPOSAI
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 ihe Art in
Public Places Committee and coordination with the Contract Administretor.
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The Proposal shall be submitted in electronic format (PDF, Word file) and shall be in the
following form:
A) A Proposal Narrative (the "ArtisPs Proposal Statemenf') not to exceed 250 words
describing the Artisfs 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 'BudgeP') outlining "Probable Project Costs" for
the ArtisYs 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.
B) The Artist shall submit the completed Proposal to the City Manager's designee
by a mutually agreed upon date, to be determined in consWtation 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 lhe 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 Adminishator, and secure all applicable approvals
and permits. Approval by the Contract Administrator and Notice to Proceed (for
fabrication) shall occur aker submittal of all allocable Artwork deliverables.
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A) Artist shall submit final design drawings for fabrication, Artist proofs, verified cost
estimate, sub-contractor list, permi�s and approvals, and a fabrication and
installation schedule.
B) If the verified cost exceeds the Project Budget, ARist shall redesign the Artwork
to fit within the established budget, inclusive of all payments to Artist, at no
additional charge to City.
C) Artist shall coordinate and participate in all product and material testing related to
the Artwork and determine final product and material with �he Contract
Administrator subsequent to testing.
D) This phase indudes Site visits for coordination and presentation purposes.
4. FABRICATION AND INSTALLATION
Artist shall fabricate, deliver and install all Artwork and Artwork support componenls, 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 induding shop drawings, manufacWrer
specifications, and product cut-sheets, as applicable. If Artist utilizes compuler
technology in the fabrication of the Artwork, Artist shall submit electronic copies of any
computer files that will support on-going operetions or fuNre repairs and conservation of
the Artwork. Artist shall also submit replacement material(s) and/or parts, as applicable,
and as deemed necessary by Contract Administretor, to be used for future repairs of the
Artwork (quantities to be determined by Artist and Contrect 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.
Warrantv Period. All Work fumished under this Agreement shall be guaranteed against
defective materials and workmanship, improper pertormance and noncompliance with
the approved construction drawings, for the duration of the Project, following fnal
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 to its proper state.
This would include painting or re-fastening elements as needed over the duration of
installation.
(F) SITE INSPECTIONS/SITE CONDITIONS/STAGING REQUIREMENTS: Prior to
mobilization, the Artist and/or his subcontractor(s) shall visit and inspect ihe 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
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ihe 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.
(G)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 ihe
Work and the Project satisfied, and all conditions of the permits and regulatory agencies
fWfilled, final acceptance shall be given by the Contract Administrator.
(H) PHOTOGRAPHIC DOCUMENTATION: Professional photo-documentation suitable for
publication shall include images of all major aspects of the Project. The Artist-supplied
photo-documentation shall be reproducible, at no cost to the City, for any all applicable uses
by the City.
(I) TIMELINE FOR COMPLETION: Artist shall coordinate the progress of the Work with the
Contract Administrator as described in the Project Schedule noted below.
(J) 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 Ihe
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
Nohvithstanding the above, the City's failure to identify govemmental authorities that may
have jurisdiction over the Project shall not relieve Artist from the responsibility to procure all
requisite permits.
(K) SITE PREPARATION: The City shall be solely responsible for all expenses, labor and
equipment, and other costs required to prepare the Site for installation of the Project. Upon
completion of installation, the Artist shall be responsible for ensuring proper removal and
reinstallation of the work should inclement weather, including but not limited to strong winds,
rein or hurricanes, require the work to be removed for public safety. The Artist shall ensure
an onsite team will manage the maintenance, removal and reinstallation of the work, as
needed.
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(L) PROMOTIONAL CREDIT: The City shall tag @janetechelman on all promotional materials
directly related to the Project or the Artwork posted on the City's oHicial Instagram page.
Additionally, in connection with the display of the Artwork after expiration of the Agreement,
the Artist agrees to include signage underscoring that the Artwork was sponsored,
underwritten, commissioned, and/or othenvise made possible by the Mayor and City
Commission of the City of Miami Beach.
PROJECTSCHEDULE
June 17, 2025— Proposal Presentation with Art in Public Places Committee
June 18, 2025—July 31, 2025—Complete Design Development of the approved Artwork, as
described above
August 1, 2025— November 24, 2025— Fabrication, shipping, and installation of Artwork
November 24, 2025—Complete installation of Artwork
December 2, 2025— Prqect Opening
April 1, 2026—Artwork to be deinstalled
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EXHIBIT "B"
COMPENSATION AND SCHEDULE OF PAYMENTS
City shall pay Janet Echelman, Inc. the total sum of One Hundred Fifty Thousand Dollars
and OON00 ($150,000.00) for the Work contemplated in this Agreement, which sum shall
represent ihe total compensation to Janet Echelman, 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 Administraror's acceptance of
said portion of the Work (as applicable).
Payments to Contractor shall be made for Work satisfactorily completed in accordance with the
following schedule:
Payment #1: Forty-Eight Thousand Dollars and 00/100 ($48,000.00) (which is 32% of the fixed
fee) to be paid upon the signing of ihe coniract.
Payment #2: Seventy-Five Thousand Dollars and 00/100 ($75,000.00) (which is 50% of Ihe
fized fee) to be issued upon receipt and approval of design development.
Payment #3: Twenty-Seven Thousand Dollars and 00/100 ($27,000.00) (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).
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EXHIBIT "C"
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
Consultant hereby attests under penalty of perjury that Consultant does not use coercion for
labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking".
I understand that I am swearing or aRirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fnes
and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
Janet Echelman, Inc., a Massachusetts corporation.
Name/Title: (Address)
State of
County of
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑
online notarization, this _ day of , 2025 by
, as , of Janet Echelman,
Inc., a Massachusetts corporation, known to me to be the person described herein, or who
produced as identification, and who did/did not take an
oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commission expires:
24
EXHIBIT "D"
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Florida StaWtes, incorporated herein by reference, the
undersigned, on behalf of ConsWtant, hereby attests under penalty of perjury that Consultant
doe5 not mee� any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes:
(a) Consultant is owned by a govemment of a foreign country of concern; (b) the govemment of a foreign
coun[ry of concem has a controlling interest in ConsWtant or (c) Consultanl is organized under the laws
of or has its principal place of business in a foreign country of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
Iruthfulness of the daims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute lhis aHidavit on behalf of Consultant.
CONSULTANT:
Janet Echelman, Inc., a Massachusetts corporation.
Name(Title: (Address)
State of
County of
The foregoing instrument was acknowledged before me by means of O physical presence or ❑
online notarization, this _ day of 2025 by
, as , of Janet Echelman,
Inc, a Massachusetts corporetion, known to me to be the person described herein, or who
produced as identification, and who did/did not take an
oath.
NOTARY PUBLIC:
(Signature)
(Print Name)
My commissian expires:
25
Resolutions -C7 W
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, Clty Manager
DATE: July 23, 2025
TITLE: A RESOIUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND JANET ECHELMAN, INC., IN AN AMOUNT NOT TO EXCEED
$�50,000 FOR A TEMPORARY PUBLIC ART COMMISSION FOR THE ELEVATE
ESPANOLA PROGRAM, ENTITLED "WHEN LINES SHIFT," TO BE LOCATED IN
THE EAST CORRIDOR OF ESPANOLA WAY, WITH FUNDING ALLOCATED AND
AVAILABLE IN THE ELEVATE ESPAIVOLA PROGRAM BUDGET IN THE
CURRENT YEAR BUDGET;AND FURTHER AUTHORIZWG THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE AGREEMENT.
RECOMMENDATION
Adopt the Resolution.
BACKGROUNDIHISTORY
Inaugurated in 2022 to enhance the Espanola Way corridor, Elevale Espanola is a dedicated art
presentation si�e ihat commissions installations suspended above the historic Espanola Way
corridor, providing pedesirian connec[iviry between Espanola Way and Ocean Drive. FeaNring
annual projects, Elevate Espafiola plays an important role in bringing contemporary art to one of
the most publicly visible areas of Miami Beach. Selection of artists is made via the Art in Public
Places Committee (AiPP) and funded through the Cultural Arls Council Fund for Temporary Art
Installations.
The scope of work for the selected artist includes fully developing the project within the allocated
budge�, which is inclusive of design, engineering,fabrica�ion, installation, insurance and any other
cost associated wilh Ihe implementation of the work. All artists are required to contrect a Licensed
Fbrida Contractor and Engineer for submitting permit documents and installation of artwork.
Past selected recipients include FriendsWithYou, Cados Bentancourt, Edouard Duval-Carrie,
Jillian Mayer, Assume Vivid Astro Focus, Beatnz Chachamovits, and Jen Stark.
ANALYSIS
On January '17, 2025, The City of Miami Beach, through its Tourism and CulNre Department
Cullural Affairs Division, released a Call to Artists, requesting qualifcations from professional
artists and/or artist teams to create a site-specific temporary public art installation to be located
at the East corridor of Espanola Way, between Washington Avenue and Collins Avenue for the
Elevale Espanoia program. On March 31. 2025, �he Call to Artists for the Elevate Espanola
program was closed, receiving 44 submissions, with three (3) applications being shortlisted by
Tourism & Culture Staff.
873 of 1791
At the May 20, 2025, AiPP Committee Meeting, the three (3) shortlisted applicalions were shared
with the Committee. From this shortlist, two(2)artists were selected to develop a full proposal for
the Espanola Way program and present it to the Art in Public Places (AIPP) Committee, sharing
detailed proposals to determine a final selection. The selected artists included Germane Bames
and Janet Echelman.
At the June 17, 2025, AiPP Committee Meeting, the lwo (2)fnalist artists in the Elevate Espadola
program call for artists (Germane Barnes and Janet Echelman) presented their proposals to lhe
AiPP Committee. As approved via LTC#248-2025,the"When Lines Shift"proposal by artist Janel
Echelman was recommended as the selected temporary public art installation for the Elevate
Espanola program.
Janet Echelman's "When Lines Shift," is inspired by the artisPs family ties to the State of Plorida
and its bcal shifting survey markers. Combining both 2- and 3-dimensional drawing in space, like
the historic lines which mapped the curving shoreline of South Florida's coasl, Echelmads "When
Lines Shift" utilizes physical rope lines fixed [o anchors on the Espanola Way walls, which
generate painted lines on lhe adjacent walls. The mural is ilself a map of the sculpture. This
ins�allation explores lhe complex human expenence of adapting to current and future
environmental change.
Artist Janet Echelman creates experiential sculptures at the scale of buildings that transform with
wind and light The art shifts from being an object you look at, ro something you ran get lost in.
Her work defes categorization as it intersects disciplinary boundaries, from Sculpture,
Architecture, and Urban Design to Material Science, Computer Science, Engineering, and
Performance. Using unlikely materials from knotted fiber and atomized water particles to
choreographed dancera Echelman combines ancient creft with original computational design
software to create artworks that have become focal points for urban liTe on fve continents.
Recipient of the Guggenheim Fellowship, Harvard Lceb Fellowship, Aspen Institute Henry Crown
Fellowship, and Fulbright Lectureship, Echelman was named an Architectural Digest Innovator
for "changing the very essence of urban spaces." Her TED talk "Taking Imagination Senously"
has been translated into 35 languages with more than hvo million views. Oprah ranked
Echelman's work#1 on her List o/50 Things that Make you Say Wow!, and she recently received
ihe Smilhsonian American Ingenuity Award in Visual Arts, honoring "the grealest innovators in
America today"
If approved by the City Commission at the July 23, 2025, meeting, the City will promptly finalize
the contract wilh Janet Echelman for project completion set to take place November 2025.
FISCAL IMPACT STATEMENT
The funding for the Elevate Espanola Program is available in the current year budget.
Does this Ordinance reauire a Business Imoact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https llwww miamibeachfl aov/citv-halllcity-clerk/meetinq-noticesl
FINANCIAL INFORMATION
Elevate Espanola program account 140-6080-000343-25-406-555-00-00-00
CONCLUSION
874 of 1791
The Administration recommends that the Mayor and City Commission authonze the City Manager
to execute a professional service agreement in an amount not to ezceed $150,000 for the design,
fabrication and installation of the work of art for the Elevate Espanola program with artist Janet
Echleman to be unveiled in December 2025 during Art Week Miami Beach.
Aoolicable Area
South Beach
Is this a "Residents Right to Know" item Is this item related to a G.O. Bontl
pursuantto CiN Code Section 2-17? ProiectT
No No
Was this Aaenda Item in'rtially reauested bv a lobbvist wnich, as defined in Code Sec. 2�81,
includes a orincioal enflaaed in lobbvi�o?
If so, specify the name of lobbyist(s) and principal(s):
Deoartment
Tourism and CuIWre
Soonsorfsl
Co-sponsor(s)
Condensed Title
Approve Agreement with Artist Janet Echelman for Elevate Espanola. TC
Previous Aetion (For Ciri Clerk Use Onlvl
875 of 1791
Oa:usyn Envebpe10�.0H55299I-Bf22-30.5F�99F3CFSEOISDF2A8
RECF_IVED
�uN � a zots `�-1 I ���;'� '� I B E AC H
CITY OF MlAfsl BEACH
OFFICE OF TNE CIT'Y CLERK
OFFICE OF THE CITY CLE0.K
LTC #248-2025 LETTER TO COMMISSION
To: Honorable Mayar Steven Meiner and Mambers of the City Commission
Do�u{WMW�.
Faonn: Rafael E. Granado, Ciry Clerk ,�G,' ,E �„�
M��
onre: June 17, 2025 a•��asE.c�
Sue�En: AR In Public Places Committee MoGona—Juna 17, 2025
The purpose of this Letter to Commission (LTC) is to provide an update regarding motions made
during the June 17, 2025, Art in Public Places (AiPP)Committee meeting.
7. At the May 20, 2025, AiPP Committee meefing, the Committee recommended artists
Germane Bames and Janet Echelman to develop formal proposals for the Elevate
EspaRola 2025-26 temporary art installation. Both artists preseoted their proposals at the
Tuesday, June 17 Committee meeting.
Motion: The Art in Public Places Committee motions ro select the "When Lines Shik"
proposal by artist Janet Echeiman as the temporary pu6lic art installation for Elevate
EsparSola 25-26.
The above motion was made by Nick D'Annunzio, seconded by Coletle Mello, and passed
by a 4-2 vote in its favor.
2. Following revisions [o the City of Miami Beach Artist Vendor program, prospective
applicants must undergo review with the Ad in Public Places Committee after presenting
their work to Tourism 8 CWture staf�. This review is conducted to verify the aRisanal nafure
of the items they wish to sell. Current applicants shared a physical demonstration of the
production o(their works and showed finished examples for consideration at a recorded
meeting. Culturel Affairs staff relayed this information along with images to the AiPP
Committee.
MOtion: The Art in Public Places Committee motions lo approve the follawing applicanis
to the City of Miami 8each Artist Vendor program�.Monique Santloval(BtPUt2025-09627)
and Anne Marie Underwood (BLPL#2025-09622).
The above motion was made by Nick D'Annunzio, seconded by Sara de los Reyes, and
passed unanimously.
Members in attendance: Chair Nick D'Annunzio, Vice-Chair Steve Berke, Silvia Bansione, Colerie
Mello, Direlia Lazo, and Sara de los Reyes.
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876 of 1791
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For more information, please contac[ Lissetle Garcia Artogante, Director, Tourism and CWture
Department at lisseltearroqante(o�miambeachFl oov or x26597
ct: MH/LGA/DB
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