PSA between the CMB and Institute of Queer Ecology, LLC for Artistic Services for No Vacancy 2025 Docusign Envelope ID:EC5C9615-3560-479E-BA96-48D85AF26E10
2025 - 33945
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
INSTITUTE OF QUEER ECOLOGY, LLC
F�R . ..,,�
ARTISTIC SERVICES FOR NO VACANCY 2025 " ' '
This Professional Servioes Agreement ("Agreement") is entered into this 16 t� day of
Qc.�B.F� . 2025 ("Effective Date"), betwee� the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporaGon organized and existing under the laws of the State of Florida, having its
principai offices at 1700 Co�ventio� Center Drive, Miami Beach, Florida, 33139(the'City'), and
INSTITUTE OF�UEER EC�LOGY�LLC("Consultant'),a Florida limited liability company whose
address is 9380 SW 125th Tert�ace, Miami, FL 33176.
SECTION 1
DEFINITIONS
Agreemerrt: This Agreement between the Cfty and Consultant, including arry exhibits
and amendments thereto.
City Manager. The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City.The City Manager's designee shall be
the Tourism and Culture Department Dir�ector.
Consultant For the purposes of this Agreement, Consultant shall be deemed to be an
" independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Risk Manager. The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number(305)
673-7000, Ext. 6435; and fax number(305)673-7023.
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BECTION 2
SGOPE OF SERVI�ES
2.1 In oonsideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and servioes described in Exhibit"A"hereto(the'Services").
Although Consultant may receive a schedule of the available hours to provide its Servioes, the
City shall not control nor have the right to control the hours of the Services performed by the
Consultant;whe�e the Services are performed(although the City will pravide Consultant with the
appropriate location to perform the Services); when the Services are performed, including how
many days a week the Senrices are performed; how the Services are performed, or any other
aspect of the actual manner and means of acxamplishing the Services provided. Notwithstanding
the fcxegoing, all Services provided by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit"A"and to the reasonable satisfadion of the City Manager.
If there are any questions regarding the Services to be pe�formed, Consultant should contact the
folbwing person:
Danielle Bender
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, F�33139
DanielleBender@miamibeachfl.gov ar(305)673-7577 x26256
2.2 ConsultanYs Services, and any deliverables incident thereto, shall be completed in
accordanoe with the timeline and/or schedule in Exhlbtt A hereto.
SECTION 3
TERM
The tenn af this Agreement ("Term"} shall commence upon execution of this Agreement by all
parties hereto(the Effective Date set forth on p. 1 hereo�and shall have a term of 90 days.
Notwithstanding the Term provided herein, Cons�ltant shall adhere to any spec�c timelines,
sd�edules, dates, and/or perfortnance 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 pursuant ta this Agreement, Consultant
shall be campensated by�e City on a fixed fee basis, in the amount of USD 10.0OO.OQ,for a total
annual amount not to exceed USD 10.OQQ.00,as more particularly described in Exhibit B attached
hereto and incorparated herein.
4.2 NO REIMBURSABLES WILL BE AUTHORIZED UNDER THIS AGREEMENT. THE
AGREEMENT IS EXECUTED ON A FIXED FEE BASIS OF USD 10�000.00 AND SNALL
BE PAYABLE WITHIN 45 DAYS OF THE CITY RECEIVING AN ACCEPTABLE AND
APPROVED INVt310E FROM THE GONSULTANT.
4.3 INVOICING_
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Upon receipt of an acceptable and approved lnvolce, payment(s)shall be made within 45days for
that portion (or those portions) of the Services satisfactorily rendered (and referenced in the
invoice)-
Invoices shall include a detailed descriptfon of the Services (or portions thereof� provided, and
shall ba submitted to the City at the following eddress:
Danielle Bender
Cultural 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 otherwise violates, any of the covenants, �
agreements, or stipulations mate�ial to this Agreement, the City, through its City Manager, shall �
thereupan have the right to terminate this Agreement for cause. Prior to exercising its opbon to i
tertninate for cause, the Gty shall notify the Consultant of its violation of the particular term(s)of �
this Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured aRer 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 liabilifies,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relisved of liability to the City for damages
sustained by the City for any breach of the Agreement by the Consultant. The City, at its so{e
option and discretion, shall be entiUed to bring any and all IegaUequitable actans that it deems to
be in its best interest in order to enforce the Citys rights and remedies against Consuftant. The
City shall be entitled to recover all costs of such actions, including reasonable attomeys'fees.
5.2 TERMINATlON 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 CONSUITANT 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 ClTY MANAGER'S SOLE
DISCRETION, THE CITY MANAGER. PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONSU�TANT, MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE�
TERMlNATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORlLY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE OISCHARGED FROM
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ANY AND ALL IIABiLITIES,DUTIES,AND TERMS ARISING OUT OF,OR BY ViRTUE
OF,THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
eithe�in voluntary or involuntary bankniptcy or makes an assignment for the benefit of ueditoirs.
In such event, the right and obligations for the pa�ties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees ta indemnify, defend and hold harmtess the City of Miami Beach and its
officers, empfoyees, agents, and contractors, from and against any and all actions (whether at
law o�in equity), claims, liabilities, losses, and expenses, including, but not limited to, attomeys'
fees and c�sts, for personal, economic o� 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 oonduct of the Consultant, its officers, employees, agents, contractors, cx any
other person or entity acting under ConsultanYs control or supervision, in connection with,related
to, or as a result of the ConsultanYs performance of the Services pursuant to this Agreement. To
that extent, the Consuttant 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 attomeys' fees expended by the Ciry in the defense of such claims and losses,
including appeals. The Consultant expressly understands and agrees that any insurance
protedion required by this Agreement or otherwise provided by the Consuitant shall in no way
limit the ConsultanYs responsibi{ity ta indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided.
The parties agnee that ane percent(1%)of the tatal compensation to Consultant for perFormance
of the Services under this Agreement is the spec�c cansideration from the Cit�r to the Consultant
for the GonsultanYs indemnity agreement. The provisions of this Section 6.1 and of this
indemnification shall survive termination or earlier expiration of this Agreement.
6.2 INSURANCE REQUiREMENTS
Gonsultant shall provide proof of insuranve coverage upon written roquest from the City, provided
such request is made prior to the installation date. Any insurance for which proof is �equesied
must be in types and amounts reasonably sufficient to cover ConsultanYs(or any subcontractor's)
exposure under this Agreement.
If requested, the insurance must name the City as an additional insured and be pnmary and non-
contributory Ga any insurance maintained by the City (excluding workers' com�nsation and
professional liability). Policies must be issued by insurers authorized to do business in the State
of Florida and reasonably acceptable to the City.
The Consultant shall be the sole party responsible for any and all employment taxes,
unemployment compensation taxes or insurance, social security taxes, or other taxes, insurance
payments, or otherwise whether levied by any counfry or any political subdivision thereof. The
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Consultant shail not, in any way, be cansidered to be, or be deemed to be, an empbyee of the
City through the Services perfoRned in this Agreement (e.g., inGuding, but not limited to, for
purposes of the Federai Insurance Contribution Act, the Soaal Security Act, the Federal
Unempbyment Tax Act, the provisions of the Intemal Revenue Code, any state revenue and
taxation oode relaUng to income tax withholding at the source of income, the Wortcers'
Compensation Insurance Code and other beneflt payments and third party liability ctaims), and
the Consultant shall indemnify and hold the City hartnless from all costs, loss, damages or
expenses(including but not limited to taxes, accounting fees, caurt costs, and attomey's fees at
all levels of litigation) in the event of any determination to the contrary by any court af competent
jurisdiction or govemmental authority. The Consultant rec�ognizes and understands that it will
receive an Intemal Reve�ue Service Form 1099 statement and related tax statements and will be
required to file corporate and/o� individual tax retums and to pay taxes in accordance with all
provisions of applicable Federal and state law. The Consultant hereby promises and agrees to
indemnify the City for arty damages o�expenses, including attomeys fees, and legal expenses,
incurred by the City as a result of the Consultant's failure to make such�equi�ed payments.
F�ccept as otheruvise expressly provided in the Agreement, the Consultant shall in no way hold
itself out as an emp►oyee, dependent age�t, or ather servant of the City, its employees or other
agents,or as othe�than a free agent with�espect to the City. The Consultant is not granted, shall
not have, and acknowledges the absence of any right o� authority to assume or create any
obligations ar responsibility, express or implied, on behalf of or in the name of the City or to bind
the latter in any matter or thing whatsoever.
SECTION T
�.ITIGATION JURISOICTIONNENUE/JURY TR1AL WAIVER
This AgreemeM shall be construed i� accordance with the laws of the State of Florida. This
Ag�eeme�nt shall be enfo�ceable in Miami-Dade County, Florida, and if legal action is neoessary
by eitfier 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, Fbnda. By entering
into this Agreement, Gonsultant and the City expressly waive any rights either party may have to
a trial by jury of any avil li6gation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CITY'3 LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action,for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds the sum of $10,OOQ.
Consultant hereby expresses its willingness to ente� into this Ag�eement with Consultant's
recovery from the City for any damage ac6on for breacfi of contract to be limited to a maximum
amount of a10,000-
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance or
non-perfom�ance of any obligations imposed upon the Ciry 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 liabiliry, as set forth in Section 768.28, Flonda
Statutes.
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SECTION 9
DUTY OF CARE/COMPLIANCE WtTH APPLICABLE LAWS/PATENT RIGHTS•COPYRIGHT•
AND CONFIDENTIAL FINDfNCS
I 9.1 DUTY OF CARE
With r�espect to the performance of the Services contemplated herein, Consuftant shall exerase
that degree of skiil, car�e, efficiency and diligence normally exercised by reasonabie persor�s
and/or r�ecagnized professionals with respect to the performance of comparabie 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 Gounty,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 Consultan� The Consultant shall
�tain all rights, title, and interest in and to the copyright of the artwork and any other intellectual
property rneated in connection with this Agreement.
The City is hereby granted a perpetual, non-exclusive, non-transferabls, royalty-free license to
use, dispiay, and reproduce any photographs taken of Consultant's artwork for the purpose of
exhibi6ng the artwork at the lacation described in Exhibit A; for the promotion, marketing, and
documentation of No Vacancy 2025; and for the promotion of future No Vacancy programs. Any
additional use of the Consultant's artwork by the Ciry, including �eproduction, distribution, or
licensing for purposes outside the scope of this Agreement, must be approved in writing by the
Consultant_
SECTi�N 10
GENERAL PROVfSIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Consultant,and at any time during normal business
hours(i.e. 9AM—SPM, Monday through Fridays, excluding nationally recognized holidays),and
as often as the City Manager may, in his/her reasonable discretion and judgment, deem
necessary, fhere shall be made availabie to the City Manager, and/or such repr�esentatives as
the City Manager may deem to act on the City's behatf, to audit, examine, and/or inspect, any
and all ather documents and/or records relating to all matters covered by this Agreement.
Consultant shall maintain any and all such records at its place of business at the address set
forth in the"Notices" section of this Agreement.
10.2 INSRECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has establ(shed
the Office of the Inspector General which may,on a random basis,perfoRn reviews,audits,
inspections and invesGgations on all City contracts, throughout the duration of said
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contracts. This random audit is separate and distinct from any othe�audit performed by
or on behalf of the Ciry.
(8) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present, anii proposed City programs, accounts, records,
contracts and bansactions. In addition,the Inspector General has the power to subpoena
witnesses,administer oaths, require the productian of witnesses and monitor City projects
and programs. Monitwing of an existing City project ar program may include a repoR
conceming whether tfie projed is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit,investigate,monitor,oversee,insped and review operations,activities,perfarmance
and procurement process including but not limited to project design, bid specifications,
(bid/pmposal)submittals, activities of the Consultant, its o�cers, agents and employess,
I�byists, City staff and elected officials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 af the City Ccxie, the City
is allocating a percentage of its overall annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10j days written notice to the Consultant, the Consultant shall make all
requested rec;onis 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 acti�ties, perFoRnance and procurement process induding but not limited to
project design, bid specifications, (bid/proposal)submittals, activities of the Consulta�t its
officers, age�s and employees, lobbyists, City staff and elected officials to ensure
campliance with the contract documents ar�!to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the ConsuitanYs possession, custody or control which in the Inspecto� General's sole
judgmerrt, pertain ta perfannance of the contract, including, but not limited to original
estimate flfes, change onder estimate files, worksheets, proposals and agreements from
and with sucaessful suboontradors and suppliers, all project-�elated correspo�denoe.
memoranda, instrudions, financial documents, oonstruction documents, (bid/proposal)
and coMract documents, back•change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
reoeived, payroll a�d personnel records and supporti�g dxumentation for the aforesaid
doa�ments and records.
(E) The Consultant shatl make available at its o�ce 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, untit 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:
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i• if this Agreement is completely or partially terminated, the Consultant shall make
available reconis relating to the wo�4c terminated until three (3) years after arry
resuiting final tertninatian settlement;and
ii. The Consultant shall make avaflable�ecords nela#ing 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,empbyees.
subcontractors and suppliers. The Consultant shall incorporate fhe provisions in this
section in ali subc:ontracts and all other agreements executed by the Consuttant in
connection with the performance of this Agreement.
(G) Nothing in �is section shall impair any independenf righi to the City to conduct audits or
investigative adivities. The provisions of this section are neither intended no�shall they
be constn�ed to impose any liability on the City by the Consultarrt or third parties.
10.3 ASSIGNMENT�TRANSFER OR SUBCONSULTING
Consuttant shall not suboontract,assign, or transfer all or any portion of any work andlor service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all,shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment(unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior fo commer�oement of the Services, the Consultant shaU file a State of Florida Form PUR
7068, Swom Statement under Section 287.133{3)(a)Florida Statute on Public Entity Crimes with
the Citys Prowrement Divisian.
10.5 NO DISCRIMINATION
tn connection with the performanoe of the Services, the Consufbnt shaN nat exdude from
Rarticipation 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 oomply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended irom time tp time,
prohibiting discrimination in employmerrt (induding independent oontractors), housing, public
axommodations, public services,and in connection with its membership or policies because of
actual or perceived race, color, national ongirt, religion, sex, intersexuality, gender identity,
sexual orientation, ma►ital and familfal status, age, disability, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, labor organization membership, familiat
situ�ation, ar pol'�ical affiliation.
10.6 CONFUCT OF INTEREST
Consultant herain agrees to adhere to and be governed by all applicabie Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
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Code,as may be amended from time to time; and by the City of Miami Beach Cha�ter and Code,
as may be amended from time to 6me; both of which are inoorporated by referenoe as if fully set
forth herein.
Consultant covenants tha;f it presently has no interest and shall not acquire any interest, directly
or indirectly,which cauld conflict in any manner or degree with the performance of the Services.
Consuttant fu�th�r covenants that in the pe�formance of this Agreement, Consultant shall not
employ any person having any such interest.
10.7 CONSULTANT'S CQMPLIANCE WITH FLOWDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Flonda
Statutes, as may be amended from time to time.
(Bj The term 'public recards" shaA have the meaning set forth in Section 119.011(12),which
means all documents, pape�s, 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(1Ka),the Consultant shall:
(1) Keep and maintain public records�equired by the City to perform the service;
(2) Upon request frorn the City's custodian of public records, provide the Cit�r with a
copy of the requested records or allow the records to be inspected or copied within
a�easonable 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 corifidential and exempt from public
records disdasure requirements are not disclosed, except as authorized by law,
for the duratian of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perFarm tt►e service. tf the Consultant transfers all public
records to the City upon completion of the/�qreement,the Consultant shall destroy
any duplicate public records that are exempt ar confidential and ex�mptfrom 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
electroniqlly must be provided to the City, upon request from the City's custodian
of public records, in a format that is compabble with the infom�ation technology
systems of the City.
(D) REQUEST FOR RECOR�S; NONCOMPLtANCE.
(1) A request ta inspect or copy public records relating to the City's contract for
services must be made directly to the Ciry. If the City does not possess the
requested records,the City shall immediately nottifyy the Consultant of the request,
and the Cansultant must provide the records to the City o�allow the records to be
inspected or copied within a reasonable time.
(2) ConsultanYs failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1)unilateraAy
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terminate the Agreement; (2) avail itsetf of the remedies set fo�th under the
Agreement;andiw(3)avail itself of any avaitable remedies at law or in equity.
(3) A Consultant who fails to provide the public rer.ords to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1� If a civil action is filed against a Consultant to compel production of pubtic records
relating to the City's contract for services,the court shall assess and award against
the Consuttant the reasonable casts of enforcement, including reasonable
attomeys'fees, if:
a. The court determines thet the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At teast 8 business days before filing the action, the plaintiff provided writte�
notice of 1he public records request, incfuding a statement that the Consultant
has not complied with the request,to the City and to the Consuftant.
(2� A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Co�sultant at the ConsuftanYs address listed on its
contract with the City or to the Consultant's �egistered agent. Such notices must
be sent by common carrier delivery service or by registe�ed, Global Express
Guaranteed,or ce�ified mail,with postage or shipping paid by the sender a�d with
evidence of delivery,which may be in an electronic for►nat.
(3) A Consuttant who oomplies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
�F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION C1F CHAPTER 119, FLORIDA STATUTES, OR AS
TQ THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTI(?N: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION GENTER DRIVE
MIAMI BEACN, FLORIDA 33139
E-MA1L: RAFAELGRANADO[ci7M1AMIBEACHFL.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 perfcxmance 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
�easonably been foreseen and preparsd for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
' events such as war, civil insurrection, riot, fires, epidemics, pandemics, tetrorism,
sabotage, explosions, embargo restrictions, quarantine restrictio�s, transportation
accidents, strikes, strong hurricanes or tomadoes, earthquakes, or other acts of God
whlch p�event performance. Force Majeure shalt not include technological impossibility,
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inClement weatfi�r, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the Gity or Consultant's pe�formance of its contractual obligations is prevented or
delayed by an event believed by ta be Force Majeu�e, such paRy shall immediately, upon
leaming of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15j business days thereaf, provide notice: (i}of the occuRence of
event of Foroe 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 allowanoe of any relief pursuant to this section; however,
receipt of such notice shall nat Canstitute 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 pa�ty.
(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 shail use its reasonable best efforts to continue to
perfortn its obligatians hereunder to the extent such obligations are not affeded or are
only partially affected by the Force Majeure event, and to coRect or cure the event or
co�dition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
reasonable dispatch.
(Dj Obligations pursuant to the Agreement that arose before the ocxurrence of a Force
Majeure event, causing the suspension of pertormance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured pnor to the occurrence af a Force Majeure event shall not be subject to the
Force Majeure provisions.
(Ej 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 tt►e Agreement for a time period greater than thirty
(3Q) 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 tenninated pursuant to this section, Consultant shall be paid for any
Services satisfactarily performed up to the date of termination; following which the City
shall be discharged from any and alf liabilities, duties, and terms arising out of,or by virtue
of,this Agraement. In no event witl any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(Ay To the extent that Consultant provides fabor, supplies, or services under this Agreement,
Consuitant shall comply with Section 448.095, Florida Statutes, "Employment Eligibilit�'
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
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Statute, commendng on January 1, 2021, Consuitant shall register with and use the E-
Verify system to verify the work auttwrization status of ali newlyr hired employees during
the Ter►n of the Agreement. Additionally, Consultant shali expressiy require any
subconsultant performing work or providirtg services pursuant to the Ag�eement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
' employm�nt eligibility af a0 new employees hired by the subconsultant during the contract
Tertn. ff Cansultant enters into a contract with an approved subconsuttant, the
subconsuitant must provide the Consuftant with an affidavit stating that the subconsuftant
dces not employ, contract wfth, or subcontract with an unauthorized alien. Consultarrt
shall maintain a copy of such affidavit for the duration of the contract 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 empbying,
hiring, recruiting, or referring an a�lien who is not duly authorized to work by the
immigration laws or the Attomey General of the United States, the City shall
terminate this Agreement with Cansultant for cause, and the City shall thereafter
have or owe no further abligation or liability to Consultant.
(2) If the City has a good fa�h betief that a subconsuftant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultarrt otherwise complied with such
subsection, the City will promptly notify the Cansultant and order the Consultant to
immediately terminate the contract with the subconsultant. Consultant's failure to
terminate a subconsuitant shall be an event of default under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contrad tertninated under the foregoing Subsection (B)(1 j or (Bx2) is not in
breach of contract and may not be cansidered as such.
(4) The City or Consultant or a subconsultant may flle an action with the Circuit or
County Court to challenge a tertnination under the foregoing Subsection(Bx1)or
(Bx2} no later than 20 calendar days after the date on which the contract was
terminated.
(5} If the City tem►inates the Agreement with Consuttant under the foregoing
Subsection (Bx1), Consultant may not be awarded a public contract for at least 1
year after the date of tertnination of this Agreement_
(6) CansultaM is liable for any additional costs incurred by the City as a resuft of the
terminatian of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
Consultant agrees to comply with Section 787.06,Florida Statutes,as may be amended from tfine
ta time, and has executed the Anti-Human Trafficking Affidavit, containing the certifiq6on of
compliance with anti-human trafficking laws,as required by Section 787.06(13), Florida Statutes,
a copy af which is attached hereto as Exhibit"B".
10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
Consultant warrants and represents that it is not cuRently engaged in, and will not engage in, a
boycatt, as defined in Sec.tion 2-375 of the City Code. In accardance with Section 2-375.1(2xa)
of the Ciry Code, Consultant hereby cert�es that Consulta�t is not currently engaged in, and for
the duratian 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
PERFC)RMED SERVICES F�R GQMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE
Consultant warrants and represents that, within two (2) years prior to the Effective Date,
Consuitant has not received compensation for services performed for a candidate for City elected
office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Cade.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Sectan 2-
379 of the City Code shall nat a�alv to the following:
(a} Any individual or entity that provides goods to a candidate for o�ice.
(b} Any i�dividual or entity that provides services to a candidate for o�ce if those same
senrioes are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. This includes,without
limitation, banks. telephone or intemet service providers, printing companies, event
v8nues, restau►ants, caterers, transportation providers,and o�ce supply vendors.
(c) Any individual or entity which perfarms licensed professional services (including for
example, legal or accounting services).
10.13 PROHIBITION AGAINST CQNTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INF�RMATION
MAY BE ACCESSED fNOTE: ONLY INCLUDE IF APPUCABLEI
Consultant hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended
from time to time, which states that as of January 1, 2024, a govemmental entity may not accept
a bid on, a proposal for,or a reply to,or enter into, a contract with an entity which would grant the
en6ty aocess to an ind'nridual's personal identifying infonnation (PII), unless the entity pravides
the gavemmental entity with an affidavit signed by an offrcer or representative of the entity under
penalty of pe�jury attesting that the entity does not meet any of the criteria in Paragraphs 2(a}(c)
of Secdon 287.138, Florida Statutes:(a)the entity is owned by a government of a foreign country
of concem; (b) the gavemment of a foreign country of concem has a controlling interest in the
en6ty; or(c) the en6ty is organized under the laws of or has its principal place of business in a
foreign oountry of concem(each a"Prohibited Entit�'). A foreign country of concem is defined in
Secbon 287.138(1 xc), Florida Statutes, as may be amended from time to time, as the People's
Republic of China, the Russian Federation,the Islamic Repubtic of Iran,the Democratic People's
Republic of Korea,the Republic of Guba,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 govemmental entity may not eutend or
renew a contract with a Prohibited Entity. Consultant wamants and represents that it does not fall
within the definition of a Prohibited Entity, and as such, has caused an authorized representative
of Consultant to execute the°Prohibition Against Contracting with Entities of Foreign Countries of
Concem AffidaviY, incarporated herein by reference and attached hereto as Exhibit"C'.
4
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, retum receipt requested, postage prepaid, or by a nationally recognized
overnight delivery service.
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Until changed by notice, in writi�g, all such rTofioes and oommunications shall be addressed as
follows:
TO CONSULTANT: Institute of Queer Ecology, LLC
9380 SW 125th Temace
Miami, FL 33176
LesPivnik�7a gmail.com
TO CITY: Danielle Bender
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139 ;
DanielleBender�miamibeachfl.gov
Natioe may also be pmv�led to any other address designated by the party to receive notice if such
altemate address is provided via U.S. certified mail, retum receipt requested, hand delivered, or by
ovemight delivery. !n the event an altemate notice address is properly provided, notice shall be sent
to such altemate address in addfion to any othe�address which notice would otherwise be sent,
unless othef detivery instniction as speafically provided for by the party erttiUed to notioe.
Notice shall be deemed giwen on the date of an acknawledged receipt, or, in all other cases, on the
date of r�eceipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANCES AND ADDITIONS
This Agreement cannot be modfied or amended without the express written consent of the
parties. No modifiqtion, amendment, or alteration of the terms or conditions contained herei�
shall be effedive unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEYERABILITY
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 I
valid and be er�forced to the fullest extent permitted by law.
12.3 WANER OF BREACH
A partl✓s failure to enforce any provision of this Agreement shall not be deemed a waiver af such
provision ar modificatian 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 constnled
to be a modification of the terms af this Agreement.
12.4 JOINT PREPARATION
'f'he parties hereto acknowledge that they have sought and received whateve�competent advice
and c�ounsel as was necessary far them to form a full and complete understanding of al) 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
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document shail not,soleiy as a matter of judiaal construction,be construed more severely against
one of the pafies than the othe�.
12.5 ENTIRETY OF AGREEMENT
' The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes �II prior negot(ations, correspondenoe, conversations, agreements, or
� understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings conaeming the subject matter of this Agreement that are not
oontained in this document. Titls and paragraph headings are for convenient reference and are
not intended ta canfer any rights or obligations upon the pa�ties to this Agreement.
(REMAINDER OF THIS PAGE LEFT INTENTIONALLY BIANK]
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IN WITNESS WHEREOF, the partfes hereio have caused this Agreement to be executed
by thair approp�iate offlciafs, as of the date�rst entered above.
FUR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: � � .
Rafael E. Granado, City Cle�fc E c T. Garpente , Ciiy Manager
�� _- �,� �,�'a '
. _���� •�.�y,
�8t8: "�:'���r� ��
.INCOR?�OwR�E�•' ':
'z?''•, � ,� :h;
,�; :�.� :�_
1� _
FOR C4NSULTANT: fNSTI'fUTE OF QUEER ECOLOGY� LLC
ATTEST:
B .
An��C��I � ,G��e---� �' ' � crn�r'
� 9 �-��s
Print Name and T'itle Print Name and Ttle
Date: 0�� ��'�
, APPR�VED AS TO
FORM & LANGUAGE
FO CUTION
�`��-- ro � LS
City Attomey s�� Date
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EXHIBIT A
A City of Miami Beach project in collaboration with the Miami Beach Ysitor and Convention
Authority(MBVCA), No Vacancy is a juried art competition that supports and celebrates mainly
local artists, p�ovokes critical discourse,and encourages the public to experience Miami Beach's
famed hatels as temporary art destinations ln their own right. No Vacancy 2025 marks the
pragram's sixth edition presenting 12 artists creating site-spec�c works at 12 iconic Miami Beach
hotels. The installations will be on viaw from November 13 through December 20, 2025.
Each selected artist or collective will recsive 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, Gultural Arts
Council (CAC)and MBVCA.
The selected artist or collective will be responsible for the following:
• Install a complete work of art matching the selected proposal at designated hotel property
by November 12, 2025.
• Notify CMB staff should any programming be established in conjuncGon with the No
Vacancy 2025 exhibition.
� Share any press releases in conjunction with the No Vacancy 2025 exhibition with CMB
sbff for review and approval.
Lee Pivnik's'Wellspring'is an installation brings together components from two ongoing projects
that touch on water.The first of these,Ghimeras,is an in-progress feature film that follows a group
of dissidents as they try to navigate a flooded Miami in the 2080s by creating elaborate,
muttispecies disguises to mimic the creatures around them, thereby avoiding surveillance
systems. The second of these projects is an in-p�ocess hydroponic fountain that Pivnik is
sculpting for permanent installation at the Kampong National Tropical Botanical Garden. The
fauntain prototypes fertilizer systems that can be reclaimed from the eutrophicated Everglades
watershed, or derived from vermiculture composting, ta grow plants for people and pollinators
alike.
_ _ � �,�,.-- �
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A
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Mw ..�,,....y„ew,W,1F.,.�ysy....w1�q� '�
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EXNIBIT B
Fea
In consideration of the Services to be provided pursuant to this Agreement, the Ciry agrees to
pay the Consultant a fee, not to exceed the amount of USD 10,000.00(the'Fee"), which shall
be paid as a single payment within 45 days from the of the City�eceiving an acceptable and
approved invaioe from the Consultant. No other amount shall be paid to the Consultant.
Payments to Consultant shall be made for Work satisfactorily completed in accordanc�with the
following schedule:
1. Payment#1: Ten Thousand Dollers and No Cents (a10,000.00)(which is 100% of the
fixed fea)to be paid upon the signing of the contract once the City has received an
acceptable and approved invoics from the Contractar.
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EXHIBIT C
ANTI-HUMAN TRAFFICKING AFFIDAVIT
In ac:cardance with Section 787.06 (13), Fionda Statutes, the undersigned, on behatf of
Consultant hereby attests under penalty of perjury that Consultant does not use coercion for fabor
or services as de�ined in Section 'I87.06, Florida Statutes, entitled 'Human Trafficking".
I understand that i am swearing or affimning under oath to the truthfuirtess of the daims made in
this affidavit and that the punishment for knawingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
Institute of Queer Ecology, LLC, a Florida limited liability company.
`..c'L-- q'3 8'o S w ��S ?~L�" /►'1;��� f-C.._
Nam�tle: Lu owne�— (Address} 3 3 t 7�
State of 1'� �— '
County of /�/�/�'I( - [�,^Q,�
The fcxegoing instrumerrt was acknowledged before me by means of�.physical presence or❑
online notarization, this I� day of ���PQ✓ 2025 by
�P e t'�v µi� , as Q��e� , of Institute of Queer
Ecalogy, LLG,a Fbrida limited liabili company, known to me to be the persan described herein,
or who produc�d F�•r`d` Qt'`�a�( as ident�cation,and who did/did not take
an oath.
o•�"".P`;Bt� RAULCHAVARRU►
NOTARY PUBLIC: r � Commission a HH a8oss6
�4���' Ezp�r»March 6,2028
tFOF f��
�
(Si9natUre) /
�q✓� G�t�vG���t
(Print Name)
My commission expires:
03- �6�z�i�i
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EXHIBIT D
PROHIBITION AGAINST CONTRACTING WITH FOREIGN C�UNTRIES OF CONCERN
AFFIDAVIT
in accardance with Section 287.�38, Florida Statutes, incorporated herein by reference, the
undersigned, an behalf of Consultant, hereby attests under penalty of pe�jury that Consultant
does not meet any of the fdlowi�g criteria in Paragraphs 2(a}{c)of Section 287.138, Fbrida Statutes: (a)
Cot►sultant is owned by a goveriunent of a foreign country of concern; (b) the gavemment of a foreign
country of concern has a controlling interest in Co�suttant;or(c)Cansu{tant is organizad under the laws of
or has its principal place of business in a foreign country of concem.
1 understand that I am swearing ar affirming under oath, under penalties of pery'ury, to the
truthfulness of the claims made in this affidavit and that the punishment for knawingly making a
false statement indudes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant.
CONSULTANT:
Institute of Queer Ecology, LLG, a Florida limited liability company.
-�-----�� �.38 a J u✓ �Z..S 7'c�r': �'+,G,�; F'�
ame(Tiqe: L e.c- ; „•,t (Address) 3�!7�
State af ��-
Caunty of !�l�/y''� �Q��
The foregoing instrument was acknawledged before me by rv�e�ns of�physical pre,sence or❑
anline nat�nzatian, this 1� day of �G1u Q/ , 2025 by
L P e P'���� , as OK/�G� , of Institute of Queer
Eoology, LLC, a Fkarida I'm�ted�iabili y company, knawn to me ta be the person described herein,
or who produc�d �t� � f•v- as ident�cation,and who did/did not take
an oath.
NOTARY PUBLIC: o,►+�';,;��, RAULCHAVARRIA
�,�.—,�„ + • Gommission f HH 480996
��"" '";���a ExWnsMud+6.2D20
(Jlg�lV�e, �FOfft� ��'
�'�✓( G���cir�('
(Print Name)
My cammission expi�es: C}3 ��G �Z'6G�
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M I AM I B EAC H ��� � _ �� ��#����`��
,�
N/A No Vacancy,Miami Beach 2025:Artist Contracts
Various-Summary&Purpose section below Tourism&Culture:Oscar Rieveling Sanchez,Ext.22711
���
Lissette Garcia Arrogante �,_; FV FOR LGA Maria Hernandez� nH
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 coilaboration 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 eeach 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
��.�."c;"r;��� � �
November 13,2025-December 20, November 13,2025-December Z0,
2025 N�A 2025
Grant Funded: Yes X No State Federal Other:
1 USD$90,000 160-0380-000349-25-406-548-00-00-00-j ��� 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:EC5C9615-3560-479E-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
T/�S
Risk Management: Marc Chevalier Fleet&Facilities: N/A
n��
Human Resources: N/A Other: N/A