PSA between the CMB and Sprang Studio, LLC. for Artistic Services for No Vacancy 2025 Docusign Envelope ID:CC5D7353-5AED-4E46-8F7D-606DC2CA92F4 � a 2S�`�����
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
SPRANG STUDIO, LLC
FOR
ARTISTIC SERVICES FOR NO VACANCY 2025
This Professional Services Agreement ("AgreemenY') is entered into this day of
, 2025 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a
municipal corporation organized and existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and
SPRANG STUDIO LLC ("Consultant"), a Pennsylvania limited liability company whose address
is 4534 Baltimore Ave, Philadelphia, PA 19143.
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Consultant, including any exhibits
and amendments thereto.
City Manager: The chief administrative officer of the City.
City Manager's
Designee: The City staff member who is designated by the City Manager to administer
this Agreement on behalf of the City. The City Manager's designee shall be
the Tourism and Culture Department Director.
Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an
independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Consultant performed or undertaken
pursuant to the Agreement.
Fee: Amount paid to the Consultant as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305)
673-7000, Ext. 6435; and fax number(305) 673-7023.
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SECTION 2
SCOPE OF SERVICES
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide
the work and services described in Exhibit"A" hereto (the "Services").
Although Consultant may receive a schedule of the available hours to provide its Services, the
City shall not control nor have the right to control the hours of the Services performed by the
Consultant; where the Services are performed (although the City will provide Consultant with the
appropriate location to perform the Services); when the Services are performed, including how
many days a week the Services are performed; how the Services are performed, or any other
aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding
the foregoing, all Services provided by the Consultant shall be performed in accordance with the
terms and conditions set forth in Exhibit"A"and to the reasonable satisfaction of the City Manager.
If there are any questions regarding the Services to be performed, Consultant should contact the
following person:
Danielle Bender
Cultural Affairs Manager
1755 Meridian Avenue, 5th Floor
Miami Beach, FL 33139
DanielleBender@miamibeachfl.gov or(305) 673-7577 x26256
2.2 ConsultanYs Services, and any deliverables incident thereto, shall be completed in
accordance with the timeline and/or schedule in Exhibit A hereto.
SECTION 3
TERM
The term of this Agreement ("Term") shall commence upon execution of this Agreement by all
parties hereto (the Effective Date set forth on p. 1 hereof) and shall have a term of 90 days.
Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the Services, as
same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided pursuant to this Agreement, Consultant
shall be compensated by the City on a fixed fee basis, in the amount of USD 10,000.00, 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 WI�L BE AUTHORIZED UNDER THIS AGREEMENT. THE
AGREEMENT IS 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 and approved invoice, 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 description of the Services (or portions thereof} provided, and
shall be submitted to the City at the following address:
Danielle Bender
Cultural Affairs Manager
1755 Meridian Avenue, 5th Fioor
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 material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of
this Agreement and shall grant Consultant ten (10) days to cure such default. If such default
remains uncured after ten (10)days, the City may terminate this Agreement without further notice
to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages
sustained by the City 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 attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH
TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY,
IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS
DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES
UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE,
TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS
TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID
FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF
TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM
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ANY AND ALL LIABILITIES, DUTIES,AND TERMS ARISING OUT OF, OR BY VIRTUE
OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Consultant is placed
either in voluntary or involuntary bankruptcy ar makes an assignment for the benefit of creditors.
In such event, the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its
officers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions
or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any
other person or entity acting under Consultant's control or supervision, in connection with, related
to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To
that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such ciaims and losses, and shall pay
all costs and attorneys' fees expended by the City in the defense of such claims and losses,
including appeals. The Consultant expressly understands and agrees that any insurance
protection required by this Agreement or othennrise provided by the Consultant shall in no way
limit the ConsultanYs responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided.
The parties agree that one percent(1%)of the total compensatian to Consultant for performance
of the Services under this Agreement is the specific consideration from the City to the Consultant
for the ConsultanYs 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
Consultant shall provide proof of insurance coverage upon written request from the City, provided
such request is made prior to the installation date. Any insurance for which proof is requested
must be in types and amounts reasonably sufficient to cover Consultant's(or any subcontractor's)
exposure under this Agreement.
If requested, the insurance must name the City as an additional insured and be primary and non-
contributory to any insurance maintained by the City (excluding workers' compensation 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 country or any political subdivision thereof. The
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Consultant shall not, in any way, be considered to be, or be deemed to be, an employee of the
City through the Services performed in this Agreement (e.g., inciuding, but not limited to, for
purposes of the Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the internal Revenue Code, any state revenue and
taxation code relating to income tax withholding at the source of income, the Workers'
Compensation Insurance Code and other beneflt payments and third party liability claims), and
the Consultant shall indemnify and hold the City harmless from all costs, loss, damages or
expenses (including but not limited to taxes, accounting fees, court costs, and attorney's fees at
all levels of litigation) in the event of any determination to the contrary by any court of competent
jurisdiction or governmental authority. The Consultant recognizes and understands that it will
receive an Internal Revenue Service Form 1099 statement and related tax statements and will be
required to file corporate and/or individual tax returns 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 any damages or expenses, including attorney's fees, and legal expenses,
incurred by the City as a result of the ConsultanYs failure to make such required payments.
Except as otherwise expressly provided in the Agreement, the Consultant shall in no way hold
itself out as an employee, dependent agent, or other servant of the City, its employees or other
agents, or as other than a free agent with respect to the City. The Consultant is not granted, shall
not have, and acknowledges the absence of any right or authority to assume or create any
obligations or 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 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering
into this Agreement, Consultant and the City expressly waive any rights either party may have to
a trial by jury of any civil litigation related to or arising out of this Agreement.
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 Agreement, so that its liability for any such breach never exceeds the sum of $10,000.
Consultant hereby expresses its willingness to enter into this Agreement with ConsultanYs
recovery from the City for any damage action for breach of contract to be limited to a maximum
amount of$10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to the Consultant for damages in an amount in
excess of$10,000 for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the Citys liability, as set forth in Section 768.28, Florida
Statutes.
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SECTION 9
DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT;
AND CONFIDENTIAL FINDINGS
9.1 DUTY OF CARE
With respect to the performance of the Services contemplated herein, Consultant shall exercise
that degree of skill, care, efficiency and diligence normally exercised by reasonable persons
and/or recognized professionals with respect to the performance of comparable work and/or
services.
9.2 COMPLIANCE WITH APPLICABLE LAWS
In its performance of the Services, Consultant shall comply with all applicable laws, ordinances,
and regulations of the City, Miami-Dade County, the State of Florida, and the federal government,
as applicable.
9.3 PATENT RIGHTS• COPYRIGHT• CONFIDENTIAL FINDINGS
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 Consultant shall
retain all rights, title, and interest in and to the copyright of the artwork and any other intellectual
property created in connection with this Agreement.
The City is hereby granted a perpetual, non-exclusive, non-transferable, royalty-free license to
use, display, and reproduce any photographs taken of ConsultanYs artwork for the purpose of
exhibiting the artwork at the location 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 ConsultanYs artwork by the City, including reproduction, distribution, or
licensing for purposes outside the scope of this Agreement, must be approved in writing by the
Consultant.
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonabie verbal or written notice to Consultant, and at any time during normal business
hours (i.e. 9AM —5PM, Monday through Fridays, excluding nationally recognized holidays), and
as often as the City Manager may, in hislher reasonable discretion and judgment, deem
necessary, there shall be made available to the City Manager, and/or such representatives as
the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any
and all other documents and/or records relating to all matters covered by this Agreement.
Consultant shall maintain any and all such records at its place of business at the address set
forth in the"Notices" section of this Agreement.
10.2 INSPECTOR GENERAL AUDIT RIGHTS
(A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
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contracts. This random audit is separate and distinct from any other audit performed by
or on behalf of the City.
(B) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present, and proposed City programs, accounts, records,
contracts and transactions. In addition, the Inspector General has the power to subpoena
witnesses, administer oaths, require the production of witnesses and monitor City projects
and programs. Monitoring of an existing City project or program may include a report
concerning whether the project is on time, within budget and in conformance with the
contract documents and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations,activities, performance
and procurement process including but not limited to project design, bid specifications,
(bid/proposal) submittals, activities of the Consultant, its officers, agents and employees,
lobbyists, City staff and elected o�cials to ensure compliance with the contract documents
and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City
is allocating a percentage of its overail annual contract expenditures to fund the activities
and operations of the Office of Inspector General.
(C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all
requested records and documents available to the Inspector General for inspection and
copying. The Inspector General is empowered to retain the services of independent
private sector auditors to audit, investigate, monitor, oversee, inspect and review
operations activities, performance and procurement process including but not limited to
project design, bid specifications, (bid/proposal)submittals, activities of the Consultant its
officers, agents and employees, lobbyists, City staff and elected officials to ensure
compliance with the contract documents and to detect fraud and corruption.
(D) The Inspector General shall have the right to inspect and copy all documents and records
in the Consultant's possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, including, but not limited to original
estimate files, change order estimate files, worksheets, proposals and agreements from
and with successful subcontractors and suppliers, all project-related correspondence,
memoranda, instructions, financial documents, construction documents, (bid/proposal)
and contract documents, back-change documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid
documents and records.
(E) The Consultant shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation)and performance
of this Agreement, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement or for any longer period required by statute or by other
clauses of this Agreement. In addition:
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i. If this Agreement is completely or partially terminated, the Consultant shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
ii. The Consultant shall make available records relating to appeals or to litigation or
the settfement of claims arising under or relating to this Agreement until such
appeals, litigation, or ciaims are finally resolved.
(F) The provisions in this section shall apply to the Consultant, its officers, agents, employees,
subcontractors and suppliers. The Consultant shall incorporate the provisions in this
section in all subcontracts and all other agreements executed by the Consultant in
connection with the performance of this Agreement.
(G) Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they
be construed to impose any liability on the City by the Consultant or third parties.
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service
under this Agreement without the prior written consent of the City Manager, which consent, if
given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor
any term or provision hereof, or right hereunder, shall be assignable unless as approved
pursuant to this section, and any attempt to make such assignment (unless approved) shall be
void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Consultant shall flle a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with
the City's Procurement Division.
10.5 NO DISCRIMINATION
In connection with the performance of the Services, the Consultant shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race,
color, national origin, sex, age, disability, religion, income or family status.
Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment (including independent contractors), housing, public
accommodations, public services, and in connection with its membership or policies because of
actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair
texture and/or hairstyle, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County
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Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code,
as may be amended from time to time; both of which are incorporated by reference as if fully set
forth herein.
Consultant covenants that it presently has no interest and shall not acquire any interest, directly
or indirectly, which could conflict in any manner or degree with the performance of the Services.
Consultant further covenants that in the performance of this Agreement, Consultant shall not
employ any person having any such interest.
10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Consultant does not transfer the records to the City;
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Consultant or keep and maintain public records
required by the City to perform the service. If the Consultant transfers all public
records to the City upon completion of the Agreement, the Consultant shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Consultant keeps and maintains public
records upon completion of the Agreement, the Consultant shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology
systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Consultant of the request,
and the Consultant must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(2) 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) unilaterally
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terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3)avail itseif of any available remedies at law or in equity.
(3) A Consultant who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Consultant to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Consultant the reasonable costs of enforcement, including reasonable
attorneys' fees, if:
a. The court determines that the Consultant unlawfully refused to comply with
the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Consultant
has not complied with the request, to the City and to the Consultant.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Consultant at the Consultant's address listed on its
contract with the City or to the ConsultanYs registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail,with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
(3) A Consultant who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonabte costs of enforcement.
(F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FL4RIDA STATUTES, OR AS
TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a�MIAMIBEACHFL.GOV
PHON E: 305-673-7411
10.8 FORCE MAJEURE
(A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of
the Consultant or the City's obligations under the Agreement, and (ii) is beyond the
reasonable control of such party unable to perform the obligation, and (iii) is not due to an
intentional act, error, omission, or negligence of such party, and (iv) could not have
reasonably been foreseen and prepared for by such party at any time prior to the
occurrence of the event. Subject to the foregoing criteria, Force Majeure may include
events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism,
sabotage, explosions, embargo restrictions, quarantine restrictions, transportation
accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God
which prevent performance. Force Majeure shall not include technological impossibility,
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inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
(B) If the City or ConsultanYs performance of its contractual obligations is prevented or
delayed by an event believed by to be Force Majeure, such party shall immediately, upon
learning of the occurrence of the event or of the commencement of any such delay, but in
any case within fifteen (15) business days thereof, provide notice: (i)of the occurrence of
event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the
anticipated impact on the Agreement, (iv)of the anticipated period of the delay, and (v)of
what course of action such party plans to take in order to mitigate the detrimental effects
of the event. The timely delivery of the notice of the occurrence of a Force Majeure event
is a condition precedent to allowance of any retief pursuant to this section; however,
receipt of such notice shall not constitute acceptance that the event claimed to be a Force
Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a
Force Majeure event shall be on the requesting party.
(C) No party hereto shall be liable for its failure to carry out its obiigations 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 pa�ty shall use its reasonable best efforts to continue to
perform its obligations hereunder to the extent such obligations are not affected or are
only partially affected by the Force Majeure event, and to correct or cure the event or
condition excusing performance and otherwise to remedy its inability to perform to the
extent its inability to perform is the direct result of the Force Majeure event with all
�easonable dispatch.
(D) Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event, causing the suspension of performance, shall not be excused as a result
of such occurrence unless such occurrence makes such performance not reasonably
possible. The obligation to pay money in a timely manner for obligations and liabilities
which matured prior to the occurrence of a Force Majeure event shall not be subject to the
Farce Majeure provisions.
(E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure
occurrence, the City may, at the sole discretion of the City Manager, suspend the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein. Additionally, in the event that an event of Force Majeure
delays a party's performance under the Agreement for a time period greater than thirty
(30) days, the City may, at the sole discretion of the City Manager, terminate the
Agreement on a given date, by giving written notice to Consultant of such termination. If
the Agreement is terminated pursuant to this section, Consultant shall be paid for any
Services satisfactorily performed up to the date of termination; following which the City
shall be discharged from any and all liabilities, duties, and terms arising out of, or by vi�tue
of, this Agreement. In no event will any condition of Force Majeure extend this Agreement
beyond its stated term.
10.9 E-VERIFY
(A) To the extent that Consultant provides labor, supplies, or services under this Agreement,
Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
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Statute, commencing on January 1, 2021, Consultant shall register with and use the E-
Verify system to verify the work authorization status of all newiy hired employees during
the Term of the Agreement. Additionally, Consultant shall expressiy require any
subconsuitant performing work or providing services pursuant to the Agreement to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subconsultant during the contract
Term. If Consultant enters into a contract with an approved subconsultant, the
subconsultant must provide the Consultant with an affidavit stating that the subconsultant
does not employ, contract with, or subcontract with an unauthorized alien. Consultant
shall maintain a copy of such affidavit for the duration of the 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 employing,
hiring, recruiting, or referring an alien who is not duly authorized to work by the
immigration laws or the Attorney General of the United States, the City shail
terminate this Agreement with Consultant for cause, and the City shall thereafter
have or owe no further obligation or liability to Consultant.
(2) If the City has a good faith belief that a subconsultant has knowingly violated the
foregoing Subsection 10.9(A), but the Consultant otherwise complied with such
subsection, the City will promptly notify the Consultant and order the Consultant to
immediately terminate the contract with the subconsultant. ConsultanYs failure to
terminate a subconsultant shall be an event of default under this Agreement,
entitling City to terminate this Agreement for cause.
(3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in
breach of contract and may not be considered as such.
(4) The City or Consultant or a subconsultant may file an action with the Circuit or
County Court to challenge a termination under the foregoing Subsection (B)(1) or
(B)(2) no later than 20 calendar days after the date on which the contract was
terminated.
(5) If the City terminates the Agreement with Consultant under the foregoing
Subsection (B)(1), Consultant may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
(6} Consultant is liab�e for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 10.9.
10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
Consultant agrees to comply with Section 787.06, Florida Statutes, as may be amended from time
to time, and has executed the Anti-Human Trafficking A�davit, containing the certification 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 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT
Consultant warrants and represents that it is not currently engaged in, and will not engage in, a
boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a)
of the City Code, Consultant hereby certifies that Consultant is not currently engaged in, and for
the duration of the Agreement, will not engage in a boycott of Israel.
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10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY
ELECTED OFFICE
Consultant warrants and represents that, within two (2) years prior to the Effective Date,
Consultant has not received compensation for services performed for a candidate for City elected
office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not applv to the following:
(a) Any individual or entity that provides goods to a candidate for office.
(b) Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of
business for clients or customers other than candidates for office. This includes, without
limitation, banks, telephone or internet service providers, printing companies, event
venues, restaurants, caterers, transportation providers, and office supply vendors.
(c) Any individual or entity which performs licensed professional services (including for
example, legal or accounting services).
1U.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION
MAY BE ACCESSED fNOTE: ONLY INCLUDE IF APPLICABLEI
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 governmental 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
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 entity does not meet any of the criteria in Paragraphs 2(a)-(c)
of Section 287.138, Florida Statutes: (a)the entity is owned by a government of a foreign country
of concern; (b) the government of a foreign country of concern has a controlling interest in the
entity; or (c) the entity is organized under the laws of or has its principal place of business in a
foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in
Section 287.138 (1)(c), Florida Statutes, as may be amended from time to time, as the People's
Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian
Arab Republic, including any agency of or any other entity of significant control of such foreign
country of concern. Additionalty, beginning July 1, 2025, a governmental entity may not extend or
renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fall
within the 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
Concern AffidaviY', incorporated herein by reference and attached hereto as Exhibit"C".
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered
personally to the representatives of the Consultant and the City listed below or may be mailed
by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized
vvernight delivery service.
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Until changed by notice, in writing, all such notices and communications shall be addressed as
follows:
TO CONSULTANT: Sprang Studio LLC
4534 Baltimore Ave
Philadelphia, PA 19143
Studio@jamesallistersprang.com
TO CITY: Danielle Bender
Cultural Affairs Manager
1755 Meridian Avenue, 5th Fioor
Miami Beach, FL 33139
DanielleBender@miamibeachfl.gov
Notice may also be provided to any other address designated by the party to receive notice if such
alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by
overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent
to such alternate address in addition to any other address which notice would otherwise be sent,
unless other delivery instruction as specifically provided for by the party entitled to notice.
Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the
date of receipt or refusal.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality and of
equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected, and every other term and provision of this Agreement shall be
valid and be enforced to the fullest extent permitted by law.
12.3 WAIVER OF BREACH
A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such
provision or modification of this Agreement. A party's waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed
to be a modification of the terms of this Agreement.
12.4 JOINT PREPARATION
The parties hereto acknowledge that they have sought and received whatever competent advice
and counsel as was necessary for them to form a full and complete understanding of all rights
and obligations herein and that the preparation of this Agreement has been a joint effort of the
parties,the language has been agreed to by parties to express their mutual intent and the resulting
14
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document shall not, solely as a matter of judicial construction, be construed more severely against
one of the parties than the other.
12.5 ENTIRETY OF AGREEMENT
The City and Consultant agree that this is the entire agreement between the parties. This
Agreement supersedes ali prior negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and are
not intended to confer any rights or obligations upon the pa�ties to this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
15
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. nado, ity Clerk Eric T. Carpenter, City Manager
:��p'M�`B'�t'�''�,
����ti-,
Date: �,
� __ �»' "�'�
'.INCORP ORATED� ,
''•.�''�� �s�tG �� 's
,��,�� ^ �a`_
Fi 2�� -
FOR CONSULTANT: � � � ` SPRANG STUDIO, LLC
ATTEST:
R
A.A2a-�Qas�caa- B�l•
IT--
Alexandra James,Witness ,',�r`1eS � fi�Yl l��r'ectc(�
Print Name and Title Print Nam and itle T
Date: io�12.s
APPROVED AS TO
FORM 8 LANGUAGE
& FOR EXECUTION
�.`�y�,_ t(1 � ZS
� Ciry Attomey !��' Date
. 16
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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, and encourages the public to experience Miami Beach's
famed hotels as temporary art destinations in their 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 artist 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 city and selected
by representatives from the City of Miami Beach Art in Public Places Committee, Cultural 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 conjunction with the No
Vacancy 2025 exhibition.
• Share any press releases in conjunction with the No Vacancy 2025 exhibition with CMB
staff for review and approval.
James Sprang's "Take Me Home" is an installation that celebrates the vibrant spirit, rich culture,
and communal joy of Caribbean carnival. The artist proposes suspending large photographic
image hung within a high-ceilinged space. Prominently feature carnival imagery alongside
steelpan musicians, capturing both the visual exuberance and musical heartbeat of Caribbean
culture.
�
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17
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EXHIBIT B
Fee
In consideration of the Services to be provided pursuant to this Agreement, the City agrees to
pay the Consuitant 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 receiving an acceptable and
approved invoice from the Consultant. No other amount shall be paid to the Consultant.
Payments to Consultant shall be made for Work satisfactorily completed in accordance with the
following schedule:
1. Payment#1: Ten Thousand Dollars and No Cents ($10,000.00) (which is 100% of the
fixed fee)to be paid upon the signing of the contract once the City has received an
acceptable and approved invoice from the Contractor.
18
.��E�..�.�o��.�„�����,��,u4,F.
EXHIBIT C
ANTI-HUMAN TRAFFICKING AFFIDAVIT
!n accnrdance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of
Consuitant hereby attests under penaity of perjury that Consuitant does not use coercion for labor
or services as defined in Section 787.06, Florida Statutes, entitled "Human Tra�cking'.
I understand that I am sweanng or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this a�davit on behalf of Consultant.
CONSULTANT:
Sprang Studio LLC, a Pennsylvania limited liability company.
i� j'j'� . �
ir" I . ,
if n .,
� �M � �.l �C.+- "��^��! ��!ti,•.,�I'` r"��
Name/Title: ��_++��eS �� ,.� c ��' (Address)
�
State of '�r,n:�,.�v�+E�
County of ��i ����I�r .�
The foregoing instrument was acknowledged before me by means of ❑ physical presence or G
online notarization, this �� day of ��tct��� 2025 by
.��''�', �k�'��l , as �.?�r������ , of Sprang Studio
LLC, a Pennsylvania li�ited liability company, known to me to be the person described herein, or
who produced I n ��r,�r� '; �,i�c��5c as identiflcation, and who did/did not take
an oath.
Commonwealth of Pennaytvanis-Notary Soal
NOT Y PUBUC: Aba��ezerFrencis.NotaryPubllc
Delawsre County
A,1y commission expires July 1.2027
Commissio�number 129�756
s
��gnature) !:+��ber.P�nnsY��amaAssoc�ahon of Nufinf!
r�`�je,�2etC� ��o✓�ccJ'
(Print Name)
My commission expires: S�t� 1. Lo z�
19
�,.�,E�..�.�o��,.,��aE.,�,o,e,ax„s=F. ,
EXHIBIT D
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
in accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Consultant, hereby attests under penalty of perjury that Consultant
does not meet any of the following criterfa in Paragraphs 2(a}-(c)of Section 287.138, Florida Statutes�(a)
Consultant is owned by a govemment of a foreign couMry of concern; (b) the government of a foreign
country of concern has a controiling interest in Consultant;or(c)Consultant is organized under the laws of
or has its principal place of business in a foreign cauntry of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfutness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned Is authorized ta execute this a�davit on behalf of Consultant.
CONSULTANT:
Spra�g Studio LLC, a Pennsytvania limited liability company.
/' r'Y r n
�;`�` � '�'� - �i�>`1 �,11fih��fC Hd�'
Name/Title: r�r5 . �tr� '�� �',�r (Address)
State of ��'n�Sw�V�u���+
County of '�-1��aclel��n�c�
The foregoing instrument was acknowledged before me by means of O physical presence or CJ
onlin� notarization, this ,3 day of i.Ctc;� ,� 2025 by
'�j,��.���� � ���� , as ,�,rrt���E , of Sprang Studio
LLC, a Pennsylva � limited liability company, known to me to be the person described herein, or
who produced i�} I;�r i vC� �� Z��u�sr as identification, and who did/did not take
an oath. � �
NOT/�F ��mmOnweelth of Pe�nsy�van�a•Notary S��I
Y PUBLIC: ' Abenezer Francis,Notary Publlc
� �.�_„ Delaware Counry
My commission•exp�res July 1,2027
� Commission number 1291758
ignature) M�mb�r.P�nnsylvania Association ot Notsriss
. ,�(,.��
���'�G-e�l�'Tf—CJ�C.S_
(Print Name)
My cammission expires: S���.,� 1 , Z o2.1
T
2�
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MIAMI BEA
C 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(���= Maria Hernandez '.HN
Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued tompetitive 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—Grent 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 the 3 remaining artist agreements from the total of 12 to be
processed).
Each selected artist receives a stipend of USD$10,000 to reaiize 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 a�d through a
yearly MBVCA grant.
Attached:
1.Lorena Fabiola Larios Munoz(ICA)
2.LIZN'BOW INC(PSA)
3.Sprang Studio,LLC(PSA)
Reso 2025-33945—MB FY2026 Commission Memo&Budget
November 13,2025 December 20, November 13,2025-December 20,
2025
N�A 2025
GrantFunded: Yes X No State Federal Other:
1 USD$10,000 160-0380-000349 25 406-548-00 00-00- Yes X No
2 USD$20,000 199-0380-000305 25-406-555-00-00-00-51726 Yes X 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.
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:
Docusign Envelope ID:CCSD7353-5AED-4E46-8F7D-606DC2CA92F4
Procurement: N/A Grants: N/A
Budget: Tameka Otto Stewart Information Technology: N/A
tYaS
Risk Management: Marc Chevalier ,,, Fleet&Facilities: N/A
ht{
Human Resources: N/A Other: N/A
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2025-33945
RESOLUTION N�
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY �F
MIAMI BEACH, FLORIDA, ADOPTING THE FINAL BUDGETS FOR THE
GENERAL, G.O. DEBT SERVICE, CITY GENTER RDA AD VALOREM TAXES,
NORTH BEACH CRA AD VALOREM TAXES, ENTERPRISE, INTERNAL
SERVICE, AND SPECIAL REVENUE FUNDS FOR FISCAL YEAR 2026.
WHEREAS, the City Manager's total flnal Fiscal Year(FY) 2026 operating budget, net of
transfers and Internai Service Funds, as amended at the second public hearing on September
30, 2025, is $910,849,00� including the General, General Obligation (G.O.) Debt Service, City
Center RDA Ad Valarem 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.O. 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 2�26 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
tne 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 earned from the Police Confiscated Trust Fund are
authorized to be used for crime prevention, safe neighborhoods, drug abuse education and
prevention programs, or for other law enforcement purposes; and
WHEREAS, the Chief of Police is authorized to expend these funds following a request to
the City of Miami Beach Commission, and only upon appropriation to the Miami Beach Police
Department by the City of Miami Beach Commission; and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "B") which states that this request complies with the provisions
Docusign Envelope ID�CC5D7353-5AED-4E46-SF7D-606DC2CA92F4
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
$943,000 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 officers and support personnel of the Miami Beach Police Department
pursuant to Section 938.15 of the Florida Statutes; and
WHEREAS, the Police Training and School Resources Fund is currently funded with the
assessed criminal justice education expenditures for the City of Miami Beach pursuant to Section
938.15 of the Florida Statutes, in the amount of$29,000, as reflected in the attached Exhibit"C";
and
WHEREAS, the Chief of Police of the City of Miami Beach has submitted a written
certification (attached as Exhibit "C") which states that this request complies with the provisions
of Sections 938.15 and 943.25 of the Fiorida 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 o�cers and support personnel of the Miami Beach Police
Department; and
WHEREAS, the Miami Beach Cultural Arts Council (CAC)was estabfished by the Mayor
and City Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and prornote the visual and
performing arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and
benefit of the residents af, and visitors to, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Arts Master Plan on
June 3, 1998, identifying the following program areas for the CAC: cultural arts grants, marketing,
facilities, advocacy and planning, and revenue development; and
WHEREAS, pursuant to its enabfing 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 allocation 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
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WHEREAS, grants panelists, comprised of the CAC members, yielded 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 specifically identified in the "Recommended FY 2Q26 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 Convention Authority (MBVCA) was created
pursuant to Chapter 67-930 vf the Laws of Florida, and Sections 102-246 through 102-254 of the
Code of the Gity of Miami Beach; and
WHEREAS, pursuant to its enabling legislation, the MBVCA's budget for each fiscal year
shall be presented to the Mayor and Commission; and
WHEREAS, the MBVCA has recommended approval of the work plan and budget for FY
2�26, in the amount of$3,794,OOQ, to continue implementation of its programs as shown in Exhibit
.,E „
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Cammission 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 Departmentj, Exhibit "B" (Confiscatian
Trust Funds), Exhibit "C" (Police Training & School Resources Fund), Exhibit "D" (Cultural Arts
Council Grants), and Exhibit°E" (MBVGA); 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€��'`t�&�'L, 2025.
ATTEST:
.�c-l1.,� .At�''L-�
�,,,.,. -�` Steven Meiner, Mayor
Ra ael E. G nado, City Clerk
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