PSA betweenthe CMB and Nathalie Alfonso Studio, LLC for Artistic Services for No Vacancy 2025 Docusign Envelope ID:ECSC9615-3560-479E-BA96-48D85AF26E10
PROFESSIONAL SERVIGE8 AQ�REEMENT Z O Z 5 — 3 � 9 4 J
BETWEEN - ` - _
THE CITY OF MIAMI BEACH
AND -
NATHAUE ALFONSO STUDIO LLC ` x
FOR
ARTISTIC SERVICES Ft?R NO VACANCY 2025
This Professional Services Agreement ("Agreement") is entered into this ��1 �) daY �
' ;. t�..;�;�, 2025 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIOA, a
municipai corporation organized and existing under the laws of the State of Fb►ida, having its
principal offices at 1700 Conventio� Center Dnve, Miami Beach, Flo�ida, 33139 (the 'C'ity'), and
PIATHAl1E ALFONSO STUDIO LLC ("Consultant"), a Florida limited liability company wfwse
address is 9510 SW 1 st Ct, Coral Springs, F�33071.
SECTION 1
DEFINITIONS
Agreement: This Agreement beiween the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative o�cer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to adminisier
this Agreement on behalf of the City.The City Manager's designee shail be
the Tourism and Culture Department Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
indeper�dent contractor, and not an agent or employee of the City.
Seryices: All senrices, work and actions by the Consultant perfonned or underfaken
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 17Q0 Convention Center
prive, Third Floor, Miami Beach, Florida 33139: telephone number (305)
673-7Q00, Ext. 6435; and fax numbe�(305)673-7023.
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SECTION Z
�coP� aF s�Rv�c�s
2.1 In consideration of the Fee to be paid to Conaultant by the Cify, Consultant shai! provide
the wark and services desc�ibed in Exhibit"A"hereto(the "Servk;es").
Atthough Gansultant may receive a schedule of the availabie houra to provide its Servicea, the
G1ty shall not control nor have the �ight to control the hours of the Services performed by the
Cor►►suttant;where the Services are performed (although the City will pravide Consultant with the
appropriate location to perform the Services); when the Servicss are performed, inGuding how
many days a week the Senrices are performed; how the Services are performed, or any ather
aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding
the foregoing, all Senrices provided by the Consultant shall be performed in accc�rdance with the
terms and conditions set forth in Exhibit"A"and to the reasonable satisfaction of the Gty Manager.
if there are any questions regarding the Services ta be performed, Consultant shouid contact the
following person:
Danislle Bender
Gultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
DanielleBender@miamibeachfl.gov or(305)673=7577 x26256
2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in
acconiance with the tim�line and/or schedule in Exhibit A hereto.
SECTION 3
TERM
The term af this Agreement ("Term") shall commence upon execution of this Agreement by atl
parties hereto(the Effective Date set forth on p. 1 hereof)and shall have a term of 90 days.
Natwithstanding tt�e Term provided herein, Consultant shall adhere to any speafic timelines,
schedules, dates, and/or performanee 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 punsuant to this Agreement, Consultant
sha11 be compensated by the City on a fixed fee basis, in the amount of USD 1 Q.Q00•OQ,for a total
annual amount not to exceed USD 10.000.00,as more particularly described in Exhibit B attached
hereto and incorporated herein.
4.2 NO REIMBURSABLES WILL BE AUTHORItED UNDER THIS AGREEMENT. THE
AGREEMENT 18 EXECUTED ON A FIXED FEE BASIS OF USD 10,000.00 AND SHALL
BE PAYABLE WITHIN 45 DAYS OF THE CITY RECEIVING AN ACCEPTABLE AND
APPROVED INVOICE FROM THE CONSULTANT.
4.3 INVOICING
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Upon receipt of an acceptable end approved invaice, payment(s)shall be made within 45days far
that portion (or thase portions) of the Services satisfectorily rendered (and referenced in the
invoice).
invoices shall inciude a detailed description of the Services (or portions thareof) provided, and
shall be submitted to the City at the foilowing address:
Danielle Bender
Cuiturai Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
DanielleBender�miamibeachfl.gov
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Consultant shall fail to fulfill in a timely manner, or othen�vise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
the�eupon have the �ight to terminate this Agreement for cause. Prior to exercising its option to
terminate fo�cause, the City shall notify the Consultant of its violation of the particular tem�s}af
this Agreement and shall grant Consultant ten (10) days to cure such default. If such defauR
remains uncured after ten(10)days,the City may terminate this Agreement without further notice
ta Gonsultant. Upon tennination, the City shall be fully discharged from any and all liabil�ties,
duties, and terms arising out of, or by virtue of, this Agreeme�t.
Notwithstanding the above, the Cansultant shall not be relieved of liability to the City for darnages
sustained by the City for any breach of the Agreement by the Consultant. The City, at its sole
option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce the City's rights and remedies against Consultant The
City shall be entitled to recover all costs of such actions, including reasonable attomeys'fees.
5.2 TERMIPIATION 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) �AYS
FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY,
IN THE EVENT QF A PUBLIC HEALTH, WELFARE OR SAFETY GONCERN, AS
DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TC� CONSULTANT, MAY IMMEDIATELY SUSPEND TNE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN TNE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR GONYENIENCE BY THE CITY, CONSUITANT SNALL BE PAID
FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCNARGED FROM
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ANY AND ALL LIABILITIES, DUTtE8,AND TERM8 ARISING OUT 4F,OR BY VlRTUE
OF� THIS AaREEMENT.
3,3 TERMtNATtON FOR iNSOLVENCY
The City aiso reserves the right to terminete the Agreement ln the event the Consultarri is placed
eithe�in voluntary or involuntary bankrupkcy or makes an assignment for the benefit of creditprs,
in such event, the right and obligations for the parttes shall be the same as provided for in
Section 5.2.
SEGT{ON 6
INDEMNIFIGATION AND INSURANCE REQUIREMENTS
s,1 INQEMNIFtCATtON
ConsultanE agress to indemnify, defend and hold harmless ihe Gity of Miami Beach and its
off�cers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity}, claims, liabilities, losses, and expenses, including, but nat limited to, attomeys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of cx damage to
p�ope►ty,whiCh may anse or be,alleged to have arisen from the negligent acts, eRors, omissions
or othe�wrongful conduct of the Consultant, its afficers, employees, agents, contractors, or arry
other person or entiry acting under Consultant`s control or supervision, in connectan with, retated
to, or as a result of the Consuttant's performance of the Services pursuant to this AAreem�i. To
that extent, the Consuliant shall pay all such claims and losses and shaN pay aN such cos#s and
judgrr�ts which may issue from any lawsuit ansing from such claims and losses, and shaU pay
all oosts and attomeys' fees expended by the City i� the defense of such claims and losses,
induding appeals. The Consultant expressly understands and egrees that any insuranoe
protection requi�ed by this Agreement ar otherwise provided by the Consultant shall m no way
limit the ConsultanYs responsibility to indemnify, keep and save harmless and defend the Ciry�
its of�ioers, employees, agents and instrumentafities as herein provided.
The parties agree that one percent(1%)of the tata!compensation ta Consultant for performarx�
of the Services unde�this Agreement is the specific consideration from the City to the Consultant
for the ConsultanYs indemnity agreemenk. The provisions of this Section fi.1 anc! of this
indemnificatian shall survive termination or earlier expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
Consuitant shall provide proof of insurance coverage upon written request from the City,provided
such request is made prior to the installation date. Any insurance fo� which praof is requested
must be in types and amounts reasonably sufiicient to cover ConsultanYs(or any subcontractor's)
expos�xe under this Agreement.
If requesteci, tfie insurance must name the City as an additional insured and be primary and non-
coritributory to any insurance maintained by the City (excluding workers' compensation and
professional liabiiity). Policies must be issued by insurers authonzed to da bus�ness in the State
of Florida and reasonably acceptable to the City.
The Consultant shall be the sale party respansibie fo� any and all employment taxes,
unemployment compensation taxes or�nsurance, SOG181 S6CUfl�y taX83, or other taxes, insurance
payments, or otherwise whether levied by any caunlry or any political subdivision thereof. The
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Consultant shali not, in any wey, be considered to be, or be deemed to be, an employee af the
City through the Services performed in this Agroement (e.g., including, but nat limited ta, for
purposes of the Federal Insurence Contribution Act, the Social Security Act, the Federal
Unempioyment Tax Act, the provisions o1 the (nternal Revenue Code, any state revenue and
taxation code relating 10 income tax withhotdfng at the source of inc,ome, the Workers'
Compensation tnsurence Code and other benefit payments and third party liabitity Gaims), and
the Consultant shall ir�demnify as�d hold the C+ty harmless from af{ costs, loss, damages or
expenses(including but not limited to taxes, accaunting fees, court casts, and attomey's(ees at
all levels of litigation) in the event of any determination to the contrary by any couR af c,ompetent
ju�sdiction or govemmental authority. The Consultant recognizes and understands that it will
rec�eive an Intemal Revenue Senrice Form 1099 statement and related tax statements and will be
requir�ed to file corporate and/or individu8l tax retums and ta pay taxes in accordance with all
provisions af applicable Federal and state law. The Consultant hereby promises and agrees to
indemnify the Ciry for any damages or expenses, including attamey's fees, and legal expenses,
incumed by the City as a result of the Consultant's faiiure to make such required payments.
Except as otherwise expressly pravided in the Agreement, the Consu{tant sha41 in no way hold
rtsetf out as an employee, dependent agent, or other servant of the Ciry, its employees or ott�er
agents, or as other than a free agent with res�ct to the City. The Consultant is not granted,shall
not have, and acknowledges the absence of any right or authvrity to assume or create any
obligations or responsibility, express or imptied, on behalf of or in the name of the City o�ta bind
the latte�in any matter or thing whatsaever.
SECT{ON 7
LITIGATION JURISDICT{ONNENUEIJURY TRIAL WAtVER
This Agreement shall be construed in accordance with the laws of the State of Flonda. Th�
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is nece.ssary
by eithe� party with respect ta the enforcement af any or all of the terms or conditions herein,
exdusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering
into this Agreement, Cansultant and the City expressty waive any rights either party may have to
a trial by jury of any civil iitigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
Citys liability for any cause of action,for money damages due to an alleged breach by the City of
this A�greement, sa 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 ConsultanYs
recavery from the City far any damage action for breach of contract to be limited to a ma�cimum
amount of$10,400.
Accordingly, and notwithstanding any other term or condition of this Agreement. Consultant
hereby agrees that the City shall not be liable to the Consultant fo� damages in an amount in
excess of$10,000 for any acGon or claim for breach of cantract arising out nf the periormance or
nan-performance of any obligations imposed upon the Crty by this Agreement.
Nothing contained in Ihis seekion or eisewhere in Ihis Agreemeni is in any way intended to be a
waiver of the limitation placed upon the C�ty's fiability, as set forth in Section 768.28, Fionda
Statutes.
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SECTION 9
DUTY OF CARE/COMPLIANGE WirH APPLICABLE„�4W5IpATENT RIGNTS; COPYRIGHT;
AND GONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contempl$ted herein, Consuftant shail exercise
that degree of skiil, care, efficiency and diligence normaliy exercised by reasanable persons
and/or recagni2ed professionals with respect to the performance of comparable wrork and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Consultant shall comply with all appiicable laws, ordmances,
and regulatians of the City, Miami-Dade County, the State of Florida, and the federal govemment,
as applicable.
9.3 PATENT RIGHTS: COPYRIGHT; CONFIDENTIAL FINDINGS
Any work product arising out of this Agreement, including the artwork presented by the
Consultant, shall remain the sole and exclusive property of the Consultant. The Consuttant shalt
cetain all rights, title, and interest in and to the copyright of the artwo�lc and any other intellectual
prope�ty created in connection with this A�greement.
The City is hereby g�anted a perpetual, non-excfusive, non-transferable, royatty-free license to
use, display, and reproduce any photographs taken of ConsultanYs artwork for the purpose af
exhibiting the artwork at the focation descnbed in Exhibit A; far the promotion, marketing, and
documentatian of No Vacancy 2025; and for the promotion of future No Vacancy programs. Any
additional use of the Consultant's artwork by the City, including reproduction, distribution, or
licensing for purposes outside the scope of this Agreement, must be approved in writing by tt�e
Consultant.
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 holicfays}, anc!
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessaryr, 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 matte�s covered by this Agreement.
Consultant shall maintain any and all such records at its place of business At the address set
forth in the"Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may,on a random basis,pe�iorm reviews,audits,
inspections and investigations on all City contracts, throughout the duration of said
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contracts. This random audit is separate and distinct from any other audit perfortned by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered ta review past, present, end proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector Generai has the power to subpoena
witnesses,administer oaths, require the production of witnesses and monitor City pro�ects
and programs. Monitaring of an existing City project or program may inGude a report
conoeming whether the project is on time, within budget and in coriformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate,monitor,oversee, inspect and review operations,activities, performance
and proeurement process including but not limited to project design, bid specificatians,
(bid/proposal) submittals, activities of the Consultant, its o�cers, agents and employees,
lobbyists, City staff and elected officials to ensure compliance with the contrad doc�nents
and to detect fraud and carruption. Pursuant to Section 2-378 of the City CoCe, the Ciry
is allocating a pe�centage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10j days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspeci and review
operations activities, perfonnance and procurement process including but not Cmited to
project design, bid specifications, (bid/proposaf)submittals, activities of the Consulfiant its
afficers, agents and employees, lobbyists, City staff and elected officials to ensure
campliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and r�cords
in the ConsultanYs possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to arigirtal
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/propasal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or div�dends
received, payroll and personnel �ecords and supporting docume�tation for the aforesaid
documents and records.
(E) The Consultant shall make available at its office at atl �easonab{e times the recorcls,
materials, and other evtdence regarding the acquisition(bid preparation)and perfoRnance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period requir�d by statute or by other
clauses of this Agreement. In addition�
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i. if this Agreement is compietely or partlaliy terminated, the Conaultant shaMi make
availeble recoMs reletin0 to the work terminated untii three (3) years after any
resulting final terminetion settiement; and
ii. The Consultant shall make availabie records relating to appeals or to litigation or
the settlement of claims ansing under or relating to this Agreement unti! such
appeals, litigation, or claims are finally resolved.
(F) 1h�provisions in this section shaU apply to the Consultant, its officers,agents,employees,
suboontractors and suppliers. The Consultant shall incorporate the pro�visions in this
section in all subcontracts and all ather agreements executed by the Consultant in
connection with the performance of this Agreement.
(G) Nothing in this section shall impai�any independent nght to the Ciry 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 ar 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, nar
any term ar provision hereof, or right hereunder, shall be assignable unless as approv�ed
pursuant to this section, and any attempt to make such assignment {unless approved)shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement af the Seniices, the Consultant shall file a State of F{orida Form PUR
7068, Swom Statement under Section 287.133(3)(a)Flarida Statute on Public Entity Crimes with
the Gty's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exciude from
participation in, deny the benefits of, or subject to discrimination anyone on the grourxis of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami 8each Human Rights
Ordinance, codified in Chapter 62 af the City Code, as may be amended from time to time,
prohibiGng discrimination in employment (including independent contractors), housing, public
ac.commodations, public services,end in cannection with its membership or policies because of
actual or pe�ceived race, color, national ongin, religion, sex, intersexuality, gender identity,
sexual orientation, maritel and familial status, age, disability, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, laba� organization membership, familial
situation, ar 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 �n the Miami-Dade County
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Code,as may be amended from tfine to time; end by the City ot Miami Beach Charter and Code,
as may be amended from time to time; both oi which are incorporeted by reference as if fully set
(orth herein.
Consuitant covenants that it presently has no Intereat and shall not acquire any interest, directiy
or indir�ec�ly,which could conflfct fn any manner or degree with the performance of the Senrices.
Consultant further Covenants that in the performance of this AgreemeM, C'.onsultant 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, Florida
Statutes, as may be amended from time to time.
(B) T'he tertn "public records" shall have the meaning set forth in Section 119.011(12}, wh�ch
means all documents, papers, letters, maps, books, tapes, photographs, fitms, sound
recordings, data processing software, or other material, regardless of the physical fom�;
characte�stics, 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'Contracto�' as defined in Section 119.0701(1 xa),the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City wrth a
copy of the requested records or allow the records to be inspeded or cop+ed within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119.
Florida Statutes or as othenivise provided by law;
(3) Ensure that public records that are exempt or confldential and exempt from public
records disclosure requirements are not disclosed, except as authorized by haw,
for the duration of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public r�eca+cls
required by the City to perform the service. If the Consultant transfers alt pwblic
records to the Ciry upon completion of the Agreement,the Consultant shall d�y
any duplicate public records that are exempt or confidential and exempt from pubac
records disclosure requirements. If the Consultant keeps and maintains publ�c
records upon oompletion of the Agreement, the Consuttant 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 informat�on tec�nology
systems of the City.
(�) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records �elating to the C�ty's contract for
services must be made directly to the Ciry If the City does not possess the
requested records, the City shall immediately notify the Consuttant of the request,
and the Consultant must provide the records to the City or allow the records to be
inspected or copied within a reasonable time
(2) Consultant's feilure lo comply with the City's request for records shall constitute a
breach of this Agreement, and the Crty, at its sole discretion, may: (1) unilaterally
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terminate the Agreement; (2j evail itseit of the remedies set forth under the
Agreement; and/or(3)avail itseli of any available remedies at law o�in equity.
(3) A Consultant who fails to provide the public records to the City within a reasanable
time may be subject to penaltles under a. 19.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Cansultant ta compel produclion 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, inGuding reasonable
attomeys' 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 fiiing the action, the plaintiff provided writ�en
notice of the public records request, including a statement that tt�e Consultant
has not complied with the request, to the City and to the Consultant.
(2) A notice complies with subparagraph (1}{b) if it is sent to the Citys custodian af
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the Consultant's registered agent. Such natices must
be sent by common carrier delivery service or by registered, Gbbal Express
Guaranteed, or ce�tified mail,with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement
tF} IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APP�ICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS
TO THE CUNSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTC�DIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1T00 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOC�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 ob6gations und�r ihe Agree+nent, and (ii) is bayond the
reasonable control of such party unable to perform the obligation, and (��i}is�ot due to an
intentional act, error, omissian, or negligence of such party, and (ivj could not have
reasonabfy been foreseen and prepared fo� by such party at any tima prior to the
occurrence oi the event. Subject to the foregoing critena, Fo�ce Majeure may include
events such as war, civil insunection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restnctions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
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inclement weather, or failure to secure eny of the re�uired permits pursuant to the
Agreement.
(B) If the City or ConsultanYs performence of Its oontrectual obligationa is prevented or
delayed by an event believed by to be Force Mejeure, such pa�ty ahall immediately, upon
leaming of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) busfness days thereof, provide notice: (i)of the occurrence of
event ot Force Majeure, (ii) ot the neture 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 o1 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 ot a Force Majeu�e event
is a condition precedent to allowance of any relief pursuant b 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 occu�rence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable fo�its failure to carry out its obligations under the Agreement
during a period when such party is rendered unable, in whole or in paR, by Force Majeure
to carry out such obligations. The suspension of any of the obligations under tri�s
Agreement due to a Force Majeure event shall be of no greater scope �d ra Ionger
duration than is required. The party shall use its reasonable best efforts �o condnue to
perfonn its obligations hereunder to the extent such obligations are not affeded or are
only partially affected by the Force Majeure event, and to correct or cure the event or
co�dition excusing performance and otherwise to remedy its inability to perform � the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occu►rence of a Forc�
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occur�ence unless such occurrence makes such pe�formance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liab�lities
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 Fo�ce Ma�eure
occu�rence, 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 Maleure
delays a party's performance under the Agreement fo� a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, tem►inate the
Agreement on a given date, by giving written notice to Consultant of such terminadon. tf
the Agreement is terminated pursuant to this section, Consultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and te�ms ar�sing out of,or by vi�tue
of,this Agreement. In no event will any condition of Farce Majeure extend this Agreement
beyond its stated term.
10.9 - IFY
(A) To the extent that Consultant provides labor, supplies, or services under this Agreement,
Consultant shall comply with Section 448.095, Flo�ida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended irom time to t�me. Pursuant to the E-Verify
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Statute, commencing on Jenuery 1, 2021, Consultant ahall register with and use the E-
Verify system to verify the work authontetion aletus ot ali newly hired empbyeea during
the Tertn of the Agreement. Additionelly, Consultant shaH expressly require any
subconsuitant perfonning work or providing services pursuant to the Agreement to
likewise utili2e the U.S. Department of Homeland Securitys E-Verif�r aystem to ver'dy the
employment eligibility of all new employees hired by the subconsuitaM durinq the coMract
Term. If Consultant enters into a contract with an epproved subcor�ultant, the
subconsultant must pravide the Consultent with an aflidevit stating that the subcansultant
does not employ, contract with, or subcontract with an unauthorized alien Conaultant
shaA maintain a copy of such aff'rdevit for the duration of the contrad or such other
e�ended period as may be required under thls Agreemant.
(Bj TERMINATION RIGHTS.
(1) If the City has a good faith belief that Consultant has knowingly violated Se�tfon
448.09(1), Florida Statutes,which prohibits any person from knowingiy empbyin9,
hiring, recruiting, or �efe�ring an alien who is not duly authorized to work by t�e
immigration laws or the Attorney Gene�al of the U�ited States, the City shall
terminate this Agreement with Consultant for cause, and the City shail thereafter
have or owe no further obligation or liability to Consultant.
(2) If the Gity has a good faith belief that a subconsultant has knowingty violated tt�e
foregoing Subsectian 10.9(Aj, but the Consultant otherwise complied with s+�ch
subsection,the City will promptly notify the Consultant and order the Cansultant to
immediately terminate the co�tract with the subconsultant. ConsultanYs failure to
terminate a subconsultant shall be an evenE of default under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection (BX1) or (Bx2) is not in
breach of cantract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuii or
County Court to challenge a termination under the foregoing Subsection(BX1)or
(Bx2) no later than 20 calenda� days after the date on which the contract was
terminated.
(5) lf the City terminates the Agreement with Consultant under the foregang
Subsection (Bj(1}, Consultant may not be awarded a public co�tract for at least t
year after the date of terrnination of this Agreement.
(6) Consultant is liable for any additional costs incurred by the Gity as a result of the
termination of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLtANCE WITH ANTI-HUMAN TRAFFICKING LAWS
Consultant agrees to comp�Y with Section 787.06, Florida Statutes,as may be amended from ame
to Gme, and has executed the Anti-Human Trafficking Affidavit, containing the ca►t�fication of
compliance with anti-human trafficking laws, as required by Section 787,06(13), Florida Statutes,
a copy of which is attached hereto as Exhibit"B".
10.11 PRUHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
Consultant warrents end represenls that it is not currently engaged m, and will not engage in, a
boycott, as defined in Section 2feb5��ifies'th t Consultant srnot cur e�ntly engaged3n5andxor
of the City Gode, Consultant he y
the duration of the Agreement, will not engage in a boycott of Israel.
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10.12 PROHIBITION ON CONTRACTING WITN AN INDIVIDUAL OR ENTI7Y WHICH HAS
PERFORMED SERVICE3 FOR COMPENBATION TO A CANDIDATE FOR CITY
ELECTED OFFICE
Consultant warrants and represents thet, within two (2) years prior to the EHective Oate,
Consultant has not received compensation for aervicea performed for a candidate for City elected
office, as contemplated by the prohibitiona and exceptions of Section 2-379 ot the City Code.
For the avoidance of doubt, the restrictions on contrecting with the City purauant to Sectior► 2- '
379 of the Ciry Code shall not aa�lv to the following:
{a) Any ind�vidual or entity that provides goods to a candidete for office.
(b) Any individual or entity that provides services to a candidate for office if those same
services are regulariy pe�formed by the individual or entity in the ordinary camae d
business for clients or customers other than candidates for oKce. This inclu0es,witho�d
limitation, banks, telephone or internet service providers, pnnting compeniea, ev�t
venues, restaurants, caterers, transportation providers, and office supply veneaa
(c) Any individual or entity which performs licensed professional services (includ�ng for
example, legal or accounting servlces).
10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION
MAY BE ACCESSED (NOTE• ONLY INCLUDE IF APPLICABLEI
Consultant hereby agrees to comply with Section 287.138, Florida Statutes,as may be�nended
from 6me to time, which states that as of January 1, 2024, a govemmental entity may not accept
a bid on, a p�oposal for, or a reply to,or enter into, a contract with an entiry which would grara tl�e
entity access to an individual's personal identifying information (PII), unless the entity provides
the governmental entity with an affidavit signed by an officer or representative of the entity under
penalty of perjury attesting that the entiry does not meet any of the crite�a in Paragraphs 2(a}{c1
of Section 287.138, Florida Statutes: (a)the entity is owned by a government of a foregn counhy
of concern; (b) the government of a foreign country of concern has a controlling interest in the
entity; or (c) the entity is organized under the laws of o� has its principal place of business m a
foreign country of concern(each a"Prohibited Entity"). A foreign country of concem is def►ned�n
Section 287.138 (1 Xc), Florida Statutes, as may be amended from time to time, as the P�eoPle�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 t�e Sy�
Arab Republic, including any agency of or any other entity of significant control of such fore�9n
country of concem. Additionally, beginning July 1, 2025, a govemmental entiry may not exterxi or
renew a contraCt with a Prohibited Entity. Consultant wanants and represe�ts that �t does not is��
within the definition of a Prohibited Entity, and as such, has caused an authonzed rep�res�of
of Consultant to execute the"Proh�bition Against Contracting with Entit�es of Foreig
Concern AffidaviY', incorporated herein by reference and attached hereto as Exhib�t'C'.
SECTION 11
TC
All notices and communicalions �r� he Consultant and he C y I seed below oramaY b ema led
personally to the represen1atives of t re aid, or by a nationally recogn�zed
by U.S. Certified Mait, return receipt requested, poatage p p
overnight delivery senrice.
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Until changed by notice, In wrlting, all such nMicea and communications a�hall be addressed as
fallows:
T�CONBULTANT: Nethalie Affonso Studio LLC
9510 SW 1 st Ct
Corel Springs, FL 33471
NathelieAlfonsoStudio�gmail,com
TO CITY: Danleile Bender
Cultural ANatrs Manager
t 7'S5 Mendian Avenue, 5th Flvor
Miami 6each, FL 33139
DanielleBender�miamibeachfl.gov
Notice may atso be provided to any other addres�s designated by the party to receive notice if suct�
altemate address is provided via U.S. c�rtified mail, return receipt requested, hand Qeli�ed, or by
ovemight defivery. tn the event an altemate rwtice address is prope�iy provided, no6ce shaN be sent
to such anernate address 'rn addition to any other address which notice woutd othen�rtse be sertt,
unless oitier deliv�ery instructfon as specficaNy provided for by the party entitled to notice.
Notioe shall be c}eemed given on the date of an acknowledged receipt, or, in all ott�cases, on the
date of r�ceipt or refusaf.
SECTlON 12
MISCELLANEOUS PROVISIQNS
12.1 CHANGES AND ADDtTIONS
This Agreement cannot be modified or amended without the express written consent of the
parti�s. No modifrcation, amendment, or afteration of the terms or oondit�ns corttairted here+n
sha!!be effective un�ss coniained in a written document executed with the same foRnality arni of
equal dignity herewith.
12.2 SEVERABILITY
If any term ot provision of this Agreement is heid invalid or unenforceable, the remainder of th�s
Agreeme�t shail not be affected, and every other term and provision of this Agreement shall be
valid and be er�farced ta the fuNest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce eny provision of this Agreement shall not be deemed a waiver of such
provision or modificatian of this Agreement. A party's waiver of any breach af a provis`on of this
Agreement shaH nat be deemad a weiver 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 sc�ught and received whatsver competent advice
and counsel as was necessary for them to f�rm a full and compiete understanding of ali nghts
and obfigations tierein and that the preparation oI this Agreement has been a jo�nt effort of the
parties,the language has been agreed to by parties to express their mutual intent and the resulting
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document shall not,solely as a matter of Judicial conatruction, be canstrued more severeiy against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entlre eg�eement between the parties Thrs
Agreement supersedes ap pnor negotiations, correspondence, conversations, agreementa, or
understandings applicable to the matters co�tained herein, a�d there are no Commidmenta,
agreements or understandings conceming the subject matter of this AgrAprnanr that are not
contained i� this document Title and paragraph head�nys are for convernenr roterence and are
not intended to confer any rights or obligations upon the parties to this Agreement.
(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANKj
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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 ebove.
FO_ R ClTY; CITY OF MIAMI BEACH� FLORIDA
ATTEST:
�� . �
,
: .,
________._.__ _ �Y� ..:�'�-_�. __ `___ .:.
Rafael . Granado, Gity Cierk Eric T, Carpe ter, Ciry Manager
`,, E::,.
Date: :.��:�� � �=i l�`la =��:'�;.�����IT
�}d�`'b°,�'�'°k �:
�.INC05P�UF.kTED
7 ,r47:
'�;'�':' ��..i�✓ :�•_
:rb r
� C+ew .�I�r
����'I� 'l;
FOR CONSUITANT: NATHALIE ALFONSO STUDIO LLC
ATTEST:
�4'ft�% J.
�, `�,. _. rr�'�.--�...!
By: _ By. --p
_---,�.-I�
�
�Rvzsl�v�- Pff-PP , - I�<�-nr�- st-i�e-u�-u
Print Name and Title Print Name and Title
�,
Date: �-f f�� �-�,
AF'PRQVED AS TO
FORM & I.ANGUAGE
K.�OR E�C..�UTION
� :�ll�,l� F�`���..----t
�____ _______�_ _ ��"
f� C�ty Attumey � � Date
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EXHIBIT A
A City of Miami Beach project in collaboration with the Miami Beach Visitor and Convention
Authority (MBVCA), No Vacancy is a juried art competition that supports and celebrates mainly
local artists, provokes critical discourse, end encourages the public to experience Miami Beach's
famed hotels as temporary art destinations in thelr own right. No Vacancy 2025 marks the
program's sixth edition presenting 12 artists creating site-specific works at 12 iconic Miami Beach
hotels. The installations will be on view from November 13 through December 20, 2025.
Each selected a�tist or collective will receive a stipend of USD 10,000 to realize their project at
each hotel location.Artists were drawn from a call for submissions issued by the cRy and selected
by representatives from the City of Miami Beach A�t in Public Places Committee, Cukural Arts
Council (CAC) and MBVCA.
The selected artist or collective will be responsible for the following:
• Install a complete woric of art matching the selected proposal at designated hotel property
by November 12, 2025.
• Notify CMB staff should any programming be established in conjunction with tfie No
Vacancy 2025 exhibition.
� Share any press reteases in conjunction with the No Vacancy 2025 exhibition with CMB
staff for review and approval.
BayScape— is a site-specific light-drawing that transforms the second-floor window band into a
translucent, shifting "landscape" that echoes the bay. Using removable glass films and giass
paints in a gradient of aquatic blues, teals, and viotets, the work filters daylight to create a calm
horizon by day and a luminous beacon by night. The composition is derived from my LineScape
methodology�epetition,endurance,and incremental mark-making—translated here into layered
strips and ares that suggest tide lines, wind, and depth. The piece invites visitors to look through
color rather than at a picture, aligning with No Vacancy's mission to activate hotel architecture
without permanent alteration.
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17
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EXN181T B
�
In consideration of the Services to be provided pursuant to this Agreement, the City agrees to
pay the Consultant a fee, not to exceed ihe amaunt of USD 10,0OO.OQ(the'Fee"), which shail
be paid as a single payment within 45 days from the of the City receiving an acceptable and
approved invoice from the Gonsultant. No other amount shall be paid to the Consultant.
Payments to Consultant shatl be made for Work satisfactorily completed `m accordance with tfie
following schedule:
1. Payment#1: Ten Thousand Dollars and No Cents ($10,000.00)(which is 10096 of the
fixed fee)to be paid upon the signing of the contract once the City has recei�red an
acceptable and approved invoice from the Contractor.
18
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EXHIBIT C
ANTI-HUMAN TRAFFICKIN(3 AFFIDAVIT
in accordanc� with Section 78T.06 (13j, Florkla Statutes, the underaigned, on behaK of
Consultant hereby attests under penaity of perjury that Co�sultant does not uae coercion for labar
or services as defined in Section 787.06, Florida Stetutes, enlitled "Human Trafficking".
1 understand that I am sweanng or affirming under oath to the truthfulness ot the Gaims made in
this affidavit and that the punishment for knowingly making a false statement inGudes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behaif of Consultant.
CONSUITANT:
Nathalie Alfanso Studio LLC, a Florida limited liability company.
/�f h sNa i r� Ac�u�sc� ��b cfc �s'ia s w r.�r <7 �c �tr�G�k i �'t 3�<;� r
Name/Title: N� ��an�r�- R�fc�lac�, Gui�t/��, l�er�sT (Address)
State of �(U+�+C>f�
County of ��'���-'� �
The foregoing instrument was acknowledged before me by means of 6d physical preser�oe or ❑
online nota�zation, this ,� day of � C�Ob�� 2025 by
�.. �����i i ti � �{ � �c n:�, , as f)��n�� � , of Nathalie Atfonso
Studio LLC, a Fbrida limited liability company, known to me to be the person described herein,
or wfia produced ���.-(��- �� I S �j� ��`�``� `� as identification, and who did/did not take
an oath.
NOTARY UBLIC; �, . ,...�.,..�_..�.�.,�� . .,_
.. � �� . An ¢ VA!Nc 4t'tl�ll�" �
4 �� : tdP1d1 y 1h�Dltc Vt.�l. uf t����K6v
����� (_�y�un����on N I lH 14+'!ll
-- t.^r�,�:
�S�gf�a fe� � �+ �`��� ��M�{.���+u�t ("�'�.�.,� ���. �����
x,� 1 t���,��,�,�n N� �. , A.,..
�, �y -:. .-., ,
�� � ..� .- ��'���`
_5�..'�'�`{ �--P`u�
(Print Name}
��
My commission expires: __���!3 J 1 �•l ��
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EXHIBIT D
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordanCe with Section 287138, Flor�da Statutes, incorporated herein by reference, the
undersigned, on behatf of Consultant, hereby attests under penalty of perjury that Consultant
does nOt meet any of the tollowing critena m Parag�aphs 2(a}-(c)of Section 287.138, Flor�da Statutes. (a)
Consultant is owned by a government of a foreign country of concern; (b) the govemmenl of a foreign
country o/concern has a controllmg mterest m Consultant,or(c)Consultant is organ¢ed under the laws of
or has its pnnc�pal place of bus�ness in a foreign country of concem
I understand that I am swearing or affirtning under oath, under penalties of per�ury, to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement �ncludes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
Nathalie Alfonso Studio LLC, a Florida limited liabiliry company.
,�l A �ifi ��F � �l�c��.l✓� J'n�a�v �tC �r�ia S u� fST �7 Co+r�+C sP�«/6! �`L
NamelTitle: _�r�+►re�cct y�fo.�lto �,,,/fL��vr, cT (Address) ??o�,�
____—.__� _
State of �l v� �Ut�
Counry of __�Q����_•_
_ /
The foregoing instrument was acknowledged before me by means of d physical presence or ❑
online notanzat�on, this � day of �'�i_t�L v?� , 2025 by
�v".:A.�.a���< ����_,�^_ , as � ,� ,�X t , of Nathalie Alfonso
Studio LLC, a Florida limited liability company, know� to me to be the person descnbed herein,
or who produced �1 Uc.. I��-+t S��� ''�`1�01 ° as�dentification,and who did/did not take
an oath.
NOTARY BLIC:
��
j; �—�
(_Si_-- ure r --s--_-�-=- �-•- —.�
9 ) •1�...� ,, �A�ME uE t,�i u;,; -.
-- ' � :��� � ri,�.lary Aubl�t 11..1��nl l.��n�t.�
.�L(�J�'1 'L �d � -.�:�7 t�wnmis5km Y IIH'�R 111U
�� My C�,��,�n i�pnv�A��q I i )�iJB
(Print Name) � It�w�d�d!h�m.:,h N��tnx��d Nn�•i,h��r
My commission expires: ___� '3 2-a�--�
20
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2025-33945
RESOLUTION NQ
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE
GENERAL, G.O. DEBT SERVICE, CITY CENTER RDA AD YALOREM TAXES,
NORTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, INTERNAL
SERVICE, AND SPECIAL REYENUE FUNDS FOR FISCAL YEAR 2026.
WHEREAS, the City Manager's total final Fiscal Year(FY) 2026 operating budget, net of
transfers and Internal Service Funds, as amended at the second public hearing on September
30, 2025, is $910,849,000 including the General, General Obligation (G.O.) Debt Service, City
Center RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, and Special
Revenue Funds, as reflected in the attached Composite Exhibit"A"; and
WHEREAS, the FY 2026 General Fund operating budget, as amended, totals
$482,497,000; and
WHEREAS, the FY 2026 budgets for the G.�. Debt Service, Gity Center RDA Ad Valorem
Taxes, and North Beach CRA Ad Valorem Taxes total, as amended, $16,296,000, $36,255,000,
and $1,693,000, respectively; and
WHEREAS, the FY 2026 budgets for the Enterprise Funds total $312,047,000; and
WHEREAS,the FY 2026 budgets for the Special Revenue Funds total $144,887,000; and
WHEREAS, the FY 2026 budgets for the Internal Service Funds, which are primarily
supported by transfers from the General Fund, Enterprise Funds,the City Center and North Beach
Community Redevelopment Areas, and Special Revenue Funds, total $146,307,000, as
amended; and
WHEREAS, in order to utilize prior year fund balance/reserves to fund recurring costs for
the Building, Sanitation, and Sustainability Funds in accordance with the budgets proposed for
FY 2026, the Mayor and City Commission would need to waive the City's established policy of
not utilizing one-time, non-recurring revenue to fund recurring personnel, operating, and
maintenance costs; and
WHEREAS, Section 932.7055 of the Florida Statutes sets forth the purpose and
procedures to be utilized for the appropriation and expenditures of the Police Confiscated Trust
Fund; and
WHEREAS, the proceeds and interest eamed from the Police Confiscated Trust Fund are
authorized to be used for crime prevention, safe neighborhoods, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds following a request to
the City of Miami Beach Gommission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "B"} which states that this request complies with the provisions
Docusign Envelope ID:EC5C9B15-3560-479E-BA96-48D85AF26E10
of Section 932.7055 of the Florida Statutes and the Guide to Equitable Sharing of Federally
Forfeited Property for Local Law Enforcement Agencies; and
WHEREAS, the Police Confiscation Trust Fund budgets for FY 2026 in the amount of
$143,00� shall be funded from State Confiscation Funds in the amount of $71,000 and Federal
Treasury and Justice Confiscation Funds in the amount of $72,000, as reflected in the attached
Exhibit"B"; and
WHEREAS,funds in the amount of$143,000 are available in the Police Confiscation Trust
Funds; and
WHEREAS, the City of Miami Beach is authorized to assess $2.00 from court costs for
criminal proceedings for expenditures for Criminal Justice Education degree programs and
training courses for o�cers and support personnel of the Miami Beach Police Department
pursuant to Section 938.15 of the Florida Statutes; and
WHEREAS, the Palice Training and School Resources Fund is currently funded with the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes, in the amount of$29,000, as reflected in the attached Exhibit"C";
and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "C") which states that this request complies with the provisions
of Sections 938.15 and 943.25 of the Fforida Statutes and the guidelines established by the
Division of Criminal Justice Standards and Training; and
WHEREAS, the City of Miami Beach Police Department intends to utilize the $29,000 for
those purposes as authorized pursuant to Section 938.15 of the Florida for education degree
programs and training courses for officers and support personnel of the Miami Beach Police
Department; and
WHEREAS, the Miami Beach Cultural Arts Council (CAC)was established by the Mayor
and City Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and
performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and
benefit of the residents of, and visitors ta, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan on
June 3, 1998, identifying the following program areas for the CAC: cultural arts grants, marketing,
facilities, advocacy and planning, and revenue development; and
WHEREAS, pursuant to its enabling legislation, the CAC's budget for each fiscal year
shall be adopted by the Mayor and City Commission; and
WHEREAS, accordingly, the CAC recommends a $1,855,000 budget ailocation for FY
2026 to continue implementation of its programs; and
WHEREAS, from January 6, 2025 through June 5, 2025, the Cultural Affairs staff and the
CAC conducted its application and review process for its FY 2026 Cultural Arts Grant Programs;
and
Docusign Envelope ID:EC5C9B15-3560-479E-BA96-48D85AF26E10
WHEREAS, grants panelists, comprised of the CAC members, yieided 61 viable
applications; and
WHEREAS, the CAC, at its regular meeting on July 3, 2025, reviewed the grant panelists'
recommendations and unanimously supported the recommended Cultural Arts awards totaling
$1,040,424 for FY 2026, as more specificatly identified in the "Recammended FY 2026 Funding"
column in Exhibit"D," attached hereto; and
WHEREAS, the City Manager has reviewed the recommended Cultural Arts awards and
concurs with same; and
WHEREAS, the Miami Beach Visitor and Gonvention Authority (MBVCA) was created
pursuant to Chapter 67-930 of the Laws of Florida, and Sections 102-246 through 102-254 of the
Code af the City af Miami Beach; and
WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission; and
WHEREAS, the MBVCA has recommended approval of the work plan and budget for FY
2026, in the amount of$3,794,000,to continue implementation of its programs as shown in Exhibit
«E �,
NUW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby adopts, as amended at the second public
hearing on September 30, 2025, the final budgets for the General, G.O. Debt Service, City Center
RDA Ad Valorem Taxes, North Beach CRA Ad Valorem Taxes, Enterprise, Internal Service, and
Special Revenue Funds for FY 2026 as reflected in Composite Exhibit "A" (Total Revenues by
Fund and Major Category and Expenditures by Fund and Department), Exhibit"B" (Confiscation
Trust Funds), Exhibit "C" (Police Training & School Resources Fund), Exhibit "D" (Cultural Arts
Council Grants), and Exhibit"E° (MBVCA); and further, waives the City's established policy of not
utilizing one-time, non-recurring revenue to fund recurring costs for the Building, Sanitation, and
Sustainability Funds.
PASSED AND ADOPTED this� day 6��'"{B��'l, 2025.
ATTEST: `
�„n.: x � ;�,��
�°'�' •� � Steven Meiner, Mayor
Ra ael E. G nado, City Clerk
':.'�~��`�4S`fY�,`�.C;'•,
��: � -S.'�,,
� '^��^` �; APPROVED AS TO
' '�`°'��`"' ' FORM 3�LANGUAGE
�,k�Q??�QRd?y
�;,�,; ':;�� 8�FOR�cuzioN
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�oI 21 2oz.�
omey Date
Docusign Envelope ID:ECSC9B15-3560-479E-BA96-48D85AF26E10
MIAMI BEACH
N/A No Vacancy,Miami Beach 2025:Artist Contracts
Various—Summary&Purpose section below Tourism&Culture:Oscar Rieveling Sanchez,Ext.22711
�—�s
Lissette Garcia Arrogante �F�,, FV FOR LGA Maria Hernandez, r,H
Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation.
X Type 3—Independent Contractor Agreement(ICA)/ Type 6—Tenant Agreement
Professional Services Agreement(PSA)
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
Type 5—Grant agreements with the City as the grantor Type 8—Other:
A City of Miami Beach project in collaboration with the Miami Beach Visitor and Convention Authority(MBVCA),No Vacancy
is a juried art competition that supports and celebrates mainly local artists,provokes critical discourse,and encourages the
public to experience Miami Beach's famed hotels as temporary art destinations.No Vacancy 2025 marks the program's sixth
edition presenting 12 artists creating site specific works at 12 iconic Miami Beach hotels.The installations will be on view from
November 13 through December 20,2025.(Attached are 9 of 12 artist agreements).
Each selected artist receives a stipend of USD$10,000 to realize their project at each hotel location.Artists were drawn from
a call for submissions issued by the City and selected by representatives from the City of Miami Beach Art in Public Places
Committee, Cultural Arts Council, and MBVCA. Funding for No Vacancy is budgeted in the Resort Tax Fund and through a
yearly MBVCA grant.
Attached:
1.Andrea Myers(ICA)
2.Denise Triezman Goren(ICA)
3.Evelyn Sosa Rojas(ICA)
4.Jose Mar(ICA)
5.Patricia Suau(ICA)
6.Amanda Linares LLC(PSA)
7.Edison Penafiel Projects,LLC(PSA)
8.Institute of Queer Ecology,LLC(PSA)
9.Nathalie Alfonso Studio LLC(PSA)
Reso 2025-33945-MB FY2026 Commission Memo&Budget
November 13,2025-December 20, November 13,2025-December 20,
2025 N�A 2oZ5
GrantFunded: Yes X No State Federal Other:
1 USD$90,000 160-0380-000349-25-406-548-00-00-00- Yes X No
Z �" Yes No
1. For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed.
3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of
the annual adopted operating budget.
Docusign Envelope ID:ECSC9615-3560-479E-BA96-48D85AF26E10
ity Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2025-33945 R7 B 09/30/2025
If no,explain why CC approval is not required:
egal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Procurement: N/A Grants: N/A
Budget: Tameka Otto Stewart Information Technology: N/A
iY�S
Risk Management: Marc Chevalier Fleet&Facilities: N/A
nt(,
Human Resources: N/A Other: N/A