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HomeMy WebLinkAboutPSA between CMB and RLA Conservation, LLC for Art in Public Places Conservation Services 20 zco — 3 y12-7 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND RLA CONSERVATION, LLC FOR ART IN PUBLIC PLACES CONSERVATION SERVICEhAR 2 3 2026 This Professional Services Agreement ("Agreement") is entered into this day of , 2026 ("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 RLA CONSERVATION, LLC, a California limited liability company, whose address is PO Box 480069, Los Angeles, California 90048 ("Consultant"). 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. 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. 1 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A 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: Lissette Garcia Arrogante Director, Tourism and Culture 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 LissetteArrogante(a�miamibeachfl.gov or(305) 673-7577 2.2 Consultant's 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 the Effective Date and shall continue in full force and effect until Consultant has performed all Services and satisfied all obligations required under this Agreement, unless earlier terminated in accordance with the provisions herein. There are no renewal options. 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, Consultant shall be compensated in the total not-to-exceed amount of $172,850.00 (the "Fee"), payable in installments as detailed in Exhibit B. 4.2 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Fernando Pestana, Administrative Services Manager Tourism and Culture Department 1755 Meridian Avenue, 5tn Floor Miami Beach, FL 33139 fernandopestana@miamibeachfl.gov With copy to: 2 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A Lissette Arrogante, Director Tourism and Culture Department 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 lissettearrogante@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 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 or makes an assignment for the benefit of 3 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD479005A 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 claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's 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 compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: A. Workers' Compensation Insurance for all employees of Consultant as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should Consultant be exempt from this Statute, Consultant and each employee shall hold the City harmless from any injury incurred during performance of the Agreement. The exempt Consultant shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the Term or (ii) a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. 4 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Contractors' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. E. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the project Site, which is to be used (installed into a building or structure) in the project. (City of Miami Beach shall Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. All certificates and endorsements must be received and approved by the City before any work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, and exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach ci riskworks.com 5 Docusign Envelope ID:90377B6D-484A-4329-A1E8-BFOBD4790C5A The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve Consultant of its liability and obligation under this Section or under any other section of this Agreement. 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 City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's 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 City's liability, as set forth in Section 768.28, Florida Statutes. 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. 6 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the 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 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 officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to 7 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A Section 2-378 of the City Code, 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 (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: 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 settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The 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. 8 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BF0BD4790C5A 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 file 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 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 9 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A 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) Consultant's 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 terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (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. 10 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A (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 Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a.MIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to 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, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event 11 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and 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. (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 Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to 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 virtue 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 Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant 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. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of this Agreement or such other extended period as may be required under this Agreement. 12 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A (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 shall 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. Consultant's 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 liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. 10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS 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 Affidavit, 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 C. 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. 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 apply to the following: (a) Any individual or entity that provides goods to a candidate for office. 13 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A (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 intemet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. (c) Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED Consultant hereby agrees to comply with Section 287.138, Florida 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. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity. Consultant warrants and represents that it does not fall within the 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 Affidavit", incorporated herein by reference and attached hereto as Exhibit D. 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 overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: RLA Conservation, LLC PO Box 480069 Los Angeles, California 90048 305-877-3509 14 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A Email: miamimanagerarosalowinger.com TO CITY: Lissette Garcia Arrogante, Director Tourism and Culture Department 1755 Meridian Avenue, 5th Floor Miami Beach, FL 33139 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 document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 15 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A 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: P7I.Ki- l Rafael . Granado, City Clerk Eric T. Carpent r, City Manager MAR 2 3 2026 ? 8, '', ti's Date: INCORPORATED i ..26,,,;, FOR CONSULTANT: RLA CONSERVATION, LLC ATTEST: j26-2. By: Ben Brandfon, CFO Print Name and Title Print Name and Title Date: APPROVED AS TO FORM & LANGUAGE & FORCUTION 7k1 City Attorney -'-' Da e NU 17 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A EXHIBIT A SCOPE OF SERVICES AND FEES ARTWORK/PROJECT: Roy Lichtenstein, Mermaid DESCRIPTION: This is a single-component monumental painted concrete and steel sculpture of a mermaid reclining under an abstracted sun and cloud form, resting atop waves that are integrated into an oval-shaped reflecting pool. Columnar rays radiate from the sun, connecting the upper cloud shape to the mermaid and the pool, while stabilizing the structure. There is an adjacent planter which holds a thin-trunk palm tree that is part of the installation. The pool, planter, the main body of the mermaid and the wave element at the bottom are concrete. The columns are primarily steel, with flat steel stock outlining the edges of the mermaid, sun and cloud. The top of the inner edge of the pool is lined with two (2) rows of 2" blue ceramic tiles. The sculpture is mounted within the reflecting pool so that the lower portion of the waves and two (2) columns, approximately 6" — 12", are always submerged in chlorinated water. There are multiple colors of paint used to articulate the different forms of the sculpture. The exterior faces of the pool and planter are painted white; the interior of the pool is painted aqua blue; the mermaid's body is painted with alternating red and white diagonal stripes; her tail is white with black wavy lines and her hair yellow with black curved lines; the waves are painted bright blue with white caps; the columnar forms are painted black, yellow and red, with the red column composed of a series of broken diagonal lines repeating those on the mermaid's body; the cloud is painted black. The sculpture is located next to The Filmore Miami Beach, formerly the Jackie Gleason Theater of the Performing Arts. The adjacent Washington Avenue is a heavily trafficked road along Miami Beach, FL. There are no encroaching plantings around the perimeter of the pool or overhanding tree branches except for the integrated palm tree. Grass covers the area around the pool perimeter. The sculpture is highly accessible to the public but remains somewhat protected by the pool, which deters individuals from coming in close contact with the surface. There are lights in the pool that illuminate the sculpture. Though these were not turned on at the time of RLA's assessment, it is assumed that they are functioning properly. There are additional spotlights surrounding the sculpture installed in the lawn. The sculpture receives full sun for much of the day. A bronze plaque mounted on concrete provides information on the sculpture and those affiliated with the artwork. WARRANTIES: Consultant warrants that all work performed under this Agreement shall be free from defects in workmanship and materials for a period of one (1) year from the date of completion. This warranty does not cover, and Consultant shall not be responsible for, structural damage caused by weather, ground sinking or shifting, or other external forces beyond Consultant's control. With respect to the welding scope of work, Consultant shall provide a five (5) year warranty against defects in workmanship and materials, commencing upon completion of the welding services. The warranties set forth herein are in addition to, and not in limitation of, any other rights or remedies provided by law or under this Agreement. 18 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A CONDITION (AS OF MARCH 2025: CONDITION (AS OF MARCH 2025): Overall, the sculpture is in fair structural condition with areas of dimensional ferrous corrosion breaking through the paint layer at the base of the two (2)tall vertical metal columns near the mermaid's tail. Per investigation done by the engineering firm O'Donnell & Naccarato, these areas have experienced a more than 10% loss of stable metal, leading to structural weakness. Other areas of concern include the seam between the metal outline of the mermaid and concrete body of the mermaid, top portion of the metal rays, and metal cloud shape, which were noted as having a leak in previous conservation campaigns. This has allowed condensation to develop internally and water to pool in the lower portions of the sculpture. This is an issue with the structure of the artwork and will require further investigation before determining appropriate treatment. Additional fissures were noted throughout the steel elements of the sculpture. Investigation of these areas by the engineering firm O'Donnell & Naccarato indicate that these areas do not require full structural treatment and can be addressed through grinding down corrosion to a stable metal surface and adding additional support at the corners of the lower beams. There is moderate to severe corrosion in localized areas throughout the sculpture, which has caused blistering and flaking in the steel substrate, resulting in loss of material and paint. The painted surfaces are in fair to poor condition. The paint is well bonded on the concrete surfaces but is delaminating on areas of steel where corrosion is occurring. Fading and chalking from UV exposure, wind, and heat is present throughout the sculpture but is noticeably worse on the front of the sculpture which faces southeast. Mineral deposits are noted throughout the lower portions of the sculpture that are near the pool water. As RLA understands, the pool basin does not have any known leaks or other concerns regarding its ability to function properly or retain water. The pool paint from RLA's previous treatment remains intact but has faded significantly, likely due to prolonged contact with chemicals from the water and UV exposure. There were no visible cracks or losses on the floor of the pool interior. The tiles throughout the pool exhibit varying degrees of mineral deposit accumulation. One (1) tile is missing from the border as well. The grout throughout the tiles is soiled, cracking, and missing in multiple areas. There are two (2) thin cracks (less than 1/8" wide) along the upper pool basin exterior where the portion that encircles the palm tree meets the main pool basin. These are likely caused by settling or roots from the tree. Other hairline cracks were noted on the basin wall exterior, but these were hairline in width (less than 1/16") and did not sound hollow when sounded. The white paint of the exterior base of the pool is abraded (likely due to interaction with lawn equipment)with areas of concrete exposed. The bronze plaque is in fair condition. There does not appear to be any extant lacquer or wax coating on the bronze surface. The surface overall appears dry with some green corrosion shift, light blue green corrosion, and mineral deposits throughout the surface. DISCUSSION: The sculpture has undergone approximately four (4) conservation and restoration campaigns since 2000. These treatments mainly addressed deterioration of the paint layers including wholesale repainting of sections and local compounding of the existing paint layers to bring back a saturated appearance. Corrosion was addressed locally through removal, passivation, and repainting with the addition of weepholes to address trapped moisture. The pool itself was repainted twice with color-matched pool paint. For further details of the above- mentioned conservation treatments, please refer to RLA's Conservation Treatment Reports provided to the City November 23, 2010; December 8, 2011; and November 8, 2016. Overall repainting of the sculpture in outdoor-rated paints carried out in 2000 was not done by RLA but is documented in the City's files. 19 Docusign Envelope ID:9D377B6D-484A-432g-A1E8-BFOBD4790C5A PROPOSED TREATMENT: Prior to on-site treatment 1. In consultation with the Getty Conservation Institute and conservation colleagues, determine the appropriate color match and paint system for the sculpture. Drawdowns of each paint color will be provided to the City for approval. Paint will only be purchased once RLA has received approval in writing from the City. 2. Work with City staff to confirm the final treatment schedule, logistics for on-site equipment rentals, and any necessary permits or approvals required by the City before, during, or after the conservation treatment. On-site treatment 3. Document the treatment with a written report and high-resolution digital photographs. Provide a Dropbox link to all treatment images as well as recommendations for ongoing routine maintenance. 4. Erect a six foot (6') high security fence around the artwork with windscreen for the duration of treatment. Provide a chain link and combination lock to secure the site during off hours. RLA will provide the code to the City/Fillmore staff in case of emergencies. RLA to access upper surfaces of the sculpture with a rough-terrain, gas powered boom lift. a. An allowance of up to $4,000.00 is included for a temporary fence rental. If additional decorative scrim or other City of Miami Beach specifications are required, these will be included at an additional cost. This fence is to be secured with sandbags unless RLA is instructed otherwise. b. RLA does not believe any lane closure will be required for this project. 5. Inspect upper areas of the sculpture, particularly areas of previous repair where water was infiltrating to determine any sources of leaking into the sculpture, areas where water has collected, and any weepholes. 6. Apply surface protection (polyethylene sheeting)to base of pool for duration of treatment of the sculpture. 7. Chemically remove all existing coatings on the steel and concrete substrates followed by cleaning with a pressure washer at low pressure. 8. Assess condition of exposed steel after paint removal and cleaning. 9. As necessary, have a structural engineer examine previously obscured or inaccessible areas of cracking and/or structural loss in the metal from corrosion to determine if additional steps such as welding must be performed. If needed, have the engineer revise the original specifications to remediate any adverse conditions observed in the metal. We do not foresee a need for replacement of any components and not have included such costs in our estimates. a. RLA assumes that welding will likely be necessary on the bottom steel ray elements at the water line along roughly 4-5 other areas of thin cracking. 10. Oversee welding repairs as specified by the engineer. Deep pitting is to be filled via welding followed by grinding of the fill metal to blend with adjacent surfaces in profile and texture. a. Completely replace the beams below the Mermaid's tail. These new beams will be welded into place and the welds ground down to blend with adjacent surfaces in profile and texture. 1. This may require additional permitting, city inspections, a shoring plan for the sculpture, and a hurricane plan for the duration of repairs to this area. These have not been included in the below cost estimate nor in the timeframe estimate of 10-12 weeks. 20 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A 2. Per the welding sub-contractors, this repair should have a lifespan of up to twenty(20)years with regular maintenance and care. ii. Please note, as outlined in the Engineer's report, the most robust repair to the lower beams would be the addition of metal plates to the exterior of each side. This would, however, constitute an aesthetic change to the sculpture and therefore may not be appropriate. The current remaining intact metal can handle the load, however reinforcement of the corners if required to replace material loss and ensure full connectivity of the four plates comprising the beams. 11. If needed, repair concrete surfaces with appropriate cementitious repair material with latex modifier. Based on RLA's assessment, only small losses (less than '/4" deep) were visible. Only cracks and areas of loss greater than 1/16" wide or 1/4" deep will be repaired. 12. Degrease all exposed steel surfaces with organic solvents in preparation for the paint layer. 13. Apply a rust-inhibiting industrial grade primer by nap roller to exposed steel surfaces per the manufacturer's specifications. Allow to cure. 14. As needed, fill shallow areas of surface loss with an industrial-grade fill material. Once cured, sand fills to be flush with adjacent surfaces. 15. Degrease the surface with organic solvents. 16.Apply the selected paint stack to the metal sculpture surfaces by nap roller and brush per the manufacturer's specifications. a. RLA will work in sections per the original color palette, masking off adjacent areas to prevent overpaint. b. Allow coating to cure per manufacturer's specifications before handling. c. Please note: Though the painted finish will be high quality and achieve the original appearance from a normal viewing distance, minor aesthetic imperfections may be visible in the finish upon close inspection due to the challenges of applying an industrial paint in an outdoor marine environment rather than a sterile environment. 17. Apply the selected paint stack to the concrete components by nap roller and brush per the manufacturer's specifications. Allow the appropriate cure time between coats. 18. Please Note: Once the final coating application has been completed, we recommend allowing the coatings to cure an additional two (2)weeks before the pool is filled. Pool Basin 1. Confirm if missing tile has been retained by the City or Fillmore staff. If not, source appropriate replacement. a. Note that the original may not be commercially available. RLA will do our best to find an acceptable replacement but note that slightly differences may be noticeable in the tile's profile and glaze color/sheen upon close inspection. 2. Excavate concrete areas with suspected corroding rebar reinforcement around the water outtake. a. Mechanically reduce corrosion. b. Clean the rebar with organic solvents. c. Encapsulate the rebar with a two-part epoxy. Allow to cure. d. Patch excavated areas with a conservation grade cementitious fill material. 3. Reduce mineral deposits on tile surfaces. 4. Mechanically remove any areas of unstable grout to sound substrate. 5. Clean raked areas with a conservation-grade detergent in filtered tap water and stiff nylon brushes. 21 Docusign Envelope ID:90377B6D-484A-4329-A1E8-BF0BD4790C5A a. Rinse surfaces thoroughly to eliminate any detergent residue that may inhibit bonding and pat dry with microfiber cloths. 6. Pre-wet treatment areas and apply sanded grout in appropriate color. a. Note that color will be similar to existing grout but may not be an exact match. b. Cure grout per manufacturer's specifications, keeping out of direct sunlight. 7. Fill exterior basin wall cracks with appropriate cementitious fill material with latex modifier. 8. As needed, fill small areas of concrete loss on the basin of the pool with appropriate cementitious fill material with latex modifier. a. Although the basin was filled with water at the time of RLA's assessment, there did not appear to be any cracks or losses visible on the pool basin. 9. Clean all pool basin surfaces to remove dust, dirt, and debris using conservation grade detergent and stiff nylon brushes. a. As the existing paint system in the pool basin shows no signs of flaking or delaminating, it is assumed the new coat can be applied directly on top without complete removal of previous paint systems. b. Allow to air dry. 10. As needed, prepare surfaces to receive fresh coating. 11. Paint pool basin in appropriate turquoise color using a pool paint system. 12. Paint exterior wall basin to match the existing white color. For Bronze Plaque 1. Clean all surfaces to remove dirt and grime. Use filtered tap water to rinse, followed by cleaning with a conservation-grade detergent. Rinse using filtered water followed by a distilled water rinse. Use clean microfibers to dry. 2. Lessen corrosion and mineral deposits mechanically or with solvents, as necessary. 3. Apply one coat of sacrificial proprietary cold past wax to the surface. 4. Allow to dry and buff to an appropriate sheen. ESTIMATED TIMELINE: This project is estimated to take place over ten to twelve (10-12) weeks on site. Please note: to meet the City's desired deadline of June 2026, work will need to begin by March 2026. RLA requires a four-week mobilization lead-time for rental equipment and staff scheduling. GENERAL TIMELINE OF TREATMENT: Please note this schedule is flexible and may be revised due to weather, subcontractor scheduling, events, and treatment efficiency. RLA will be in constant communication with the City if/when scheduling changes occur. Description Duration Description Duration Week 1 Fence Installation and 2 days equipment rental mobilization RLA inspection of upper areas 1 day Begin paint removal on upper 2 days areas Week 2 Paint removal on upper areas 3 days Engineer inspection of upper 1 day areas 22 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A Week 3 Paint removal on lower areas 3 days Begin preparation work of 2 days lower areas Week 4 Complete preparation of lower 2 days areas Welding repair and 2 days replacement of lower elements Welding repairs of upper 2 days areas Week 5 Fill and prime metal elements 5 days Week 6 Painting of metal elements 5 days Week 7 Complete painting of metal 2 days elements Begin preparation of concrete 3 days elements Week 8 Paint concrete elements 5 days Week 9 Carry out pool basin repairs I 4 days Carry out bronze plaque 1 day treatment Week 10 Paint pool basin 2 days Paint touch ups as needed 2 days Week 11 De-mobilize site and remove 2 days all tools Removal of fencing 1 day Week 12 Week as needed for weather or other unforeseen delays ESTIMATED COSTS: Sculpture Labor $90,100.00 Documentation $4,000.00 Materials $10,000.00 Admin, Mobilization $6,500.00 Equipment Rentals $12,000.00 (includes fencing and 30-39' boom lift) Engineer Costs $10,000.00 Welding $15,400.00 **Please note additional costs for shoring, permits, and additional inspections for replacement of the beams are not included in this cost. Total Sculpture Cost: $148,000.00 Pool Basin Labor $20,200.00 Documentation $500.00 Materials $2,400.00 Admin, Mobilization $900.00 23 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A Total Pool Basin Cost*: $24,000.00 *Costs assume work to take place during same mobilization as the sculpture. If any additional mobilization is necessary, costs would increase. Bronze Plaque Labor $575.00 Materials $250.00 Admin, Mobilization $75.00 Bronze Plaque Cost: $850.00 Total Estimated Cost $172,850.00 Costs are inclusive of labor, documentation, materials, administrative time, equipment, access, security fencing, welding, and additional engineer inspections. Costs do not include special permits, bonds, or licenses. Costs assume that work will take place during normal business hours (Monday through Friday between 7 AM and 5 PM) and that parking for at least two (2) vehicles will be provided at no cost to RLA. Costs assume that water and electricity hook-ups will be provided within one hundred feet (100) of the job site. Bathrooms must also be provided within close proximity to the job site. Costs do not include any background checks, security screening, training, badging, health screenings, fit testing, or development of a workplan, safety manual, and/or job hazard analysis. if any of these are required, RLA must be notified in advance to ensure we can meet schedules/deadlines as well as revise our proposal to include additional costs related to City requirements. Costs also do not include any fume containment during the course of treatment. SDS can be provided prior to starting work and RLA will use low VOC materials, but there will be a discernable odor during the priming and painting processes. RLA will attempt to protect the grass, but some compression of the ground may occur due to the boom lift and temporary fencing. No restoration of the landscape is included in this proposal. 24 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A EXHIBIT B FEES The Fee shall be paid in installments, as follows: Payment#1 — Seventy-Five Thousand Dollars and No Cents($75,000.00). To be paid upon execution of Agreement. Payment#2—Twenty-Thousand One Hundred Dollars and No Cents($20,100.00). To be paid upon completion of welding. Payment#3—Twenty-Thousand One Hundred Dollars and No Cents ($20,100.00). To be paid upon completion of Mermaid painting. Payment#4—Twenty-Thousand One Hundred Dollars and No Cents ($20,100.00). To be paid upon completion of Pool Basin treatment. Payment#5—Thirty-Seven Thousand Five Hundred Fifty Dollars and No Cents ($37,550.00). To be paid upon completion of all Services, as detailed in Exhibit A. 25 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A EXHIBIT C ANTI-HUMAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06 (13), Honda Statutes, the undersigned, on behalf of Consultant hereby attests under penalty of perjury that Consultant does not use coercion tor labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". I understand that I am swearing 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 affidavit on behalf of Consultant. CONSULTANT: RLA CONSERVATION, LLC, a California limited liability company. PO Box 480069, Los Angeles, CA 90048 Name, le: earandfon, CFO (Address) State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me by means of 0 physical presence or Xl online notarization. this 10th day of March 202 6 by Ben Brandfon as CFO , of RLA CONSERVATION, LLC, a California limited liability company. known to me to be the person described herein, or-whe- reduced _ _ n/a , and who did/ ake-aft-eeth. NO Y PUBLIC. (Signature) ^_V ;fie"" % PATRIcIA08lAK * * W COMMISSION II NH 251259 ' Patricia Oblak •.i 'a;?,M�o ' EXPIRES:Aupest8,2028 (Print Name) My commission expires: 8.8.2026 20 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A EXHIBIT D PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT In accordance with Section 287.138, Honda 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 criteria in Paragraphs 2(a)-(c) of Section 287.138. Florida Statutes: (a)Consultant 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 Consultant, or (c) Consultant is organized under the laws of or has its principal place of business in a foreign country of concern. I understand that I am swearing or affirming under oath, under penalties of perjury, to the 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 affidavit on behalf of Consultant. CONSULTANT: RLA CONSERVATION, LLC, a California limited liability company. 2. _XPO Box 480069, Los Angeles, CA 90048 Na e, • e: Ben Brandfon, CFO (Address) State of Florida County of Miami-Dade The foregoing instrument was acknowledged before me by means of i] physical presence or 61 online notarization, this 10th day of March , 202 6 by _ Ben Brandfon as CFO of RLA CONSERVATION, LLC, a California limited liability company, known to me to be the person described herein, -wlha-ffrodtteeel n/a is tificatiaa, and who did/ . NOT RY PUBLIC: otevpre;t4i) C6,--(4104_ (Signature) . `- - '"�"""`"A'-r_ 1 PATRICIA OBLAK Patricia Oblak a ;; MY COMMISSION%HH251259 (Print Name) - ).:.V.7.? EXPIRE&A"p'sla2026 My commission expires! 8.8.2026 27 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A Procurement Requests - C2 E MAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, Executive Director DATE: February 25, 2026 TITLE: REQUEST FOR APPROVAL OF ROUTINE RENEWAL OPTIONS, TASK ORDERS, CHANGE ORDERS, OR CONTRACT AMENDMENTS FOR CITY-AWARDED CONTRACTS. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the item detailed in Attachment A BACKGROUND/HISTORY This summary item addresses routine adjustments required to City agreements, which may include term extensions or approval of task orders, change orders, or amendments. Contracts included in this item may require one of the following adjustments, as detailed in Attachment A. Renewals/Extension -As is customary, many agreements resulting from competitive solicitations include renewal clauses that allow for the extension of an Agreement for a certain number of renewal periods beyond the original term, as may be stipulated in the solicitation or resulting agreement. The renewal periods allow the City to continue acquiring the necessary goods and services from reputable contractors at prices established through competitive solicitations. In some cases, the City may require extending agreements, on a month-to-month basis, beyond the terms stated in the solicitation to ensure continuous operations until such time replacement agreements can be executed. Task/Service Orders-Certain contracts, especially those awarded to pools of contractors, require service/task orders to be approved prior to the commencement of work. The work included in the service/task orders is consistent with the contracts approved by the City Commission. Change Orders/Contract Amendments - Occasionally, it is necessary to approve minor change orders or amendments to existing contracts. ANALYSIS Details on the items for which approval is sought are included in Attachment A. FISCAL IMPACT STATEMENT The fiscal impact is included in each item in Attachment A Does this Ordinance require a Business Impact Estimate? Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION Financial information is included in each item in Attachment A CONCLUSION CONCLUSION The Administration recommends that the Mayor and City Commission approve the renewals/extensions, task/service orders, or change orders/amendments, as detailed in Attachment A. Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Procurement Sponsor(s) Co-sponsor(s) Condensed Title Approve Routine Renewals, Task Orders, CO's/Contract Amendments for Contracts. PR Previous Action (For City Clerk Use Only) Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A City Commissioner Memorandum-REQUEST FOR APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON SERVICE/TASK ORDER AND CHANGE ORDERS FOR CITY-AWARDED CONTRACTS. February 25, 2026 Attachment A Task Orders ITEM#1 Agreement No. Title ITB 2026-112-JP Prequalification Pool for Artwork Conservation Services Contractor RLA Conservation, LLC Brief Scope of Agreement: On December 17,2025,the Mayor and City Commission adopted Resolution 2025-33963,pursuant to ITB No.2026-112-JP,to establish a pool of prequalified contractors for artwork conservation services. Pursuant to Resolution 2021-31585, purchases in excess of $100,000 shall be subject to the prior approval of the City Commission. Request: This item requests Commission approval to issue a purchase order to RLA Conservation, LLC, the lowest responsive and responsible bidder under Invitation to Quote (ITQ) No. 2026-001-TCD for the restoration of Roy Lichtenstein's Mermaid sculpture(1979)located at the Fillmore Miami Beach at the Jackie Gleason Theater.The scope of work includes corrosion treatment,repainting,pool basin repairs, and plaque resurfacing.Additionally,this item seeks authorization to delegate to the City Manager the authority to execute any resulting agreements or task orders necessary to complete the project. Estimated Impact Amount: GL Account No. $172,850.00 147-0380-069370-25-410-556-00-00-00-61231 $150,000.00 147-6150-000312-25-406-555-00-00-00- $ 22,850.00 Justification: On January 16,2025,the Tourism and Culture Department issued an ITQ, pursuant to ITB No.2026-112-JP,to the three(3)prequalified vendors in the pool for artwork conservation services.Only one quote was received in a not-to-exceed amount of$172,850.00 from RLA Conservation, LLC (Attachment B). Because a sole response was received, the Department conducted outreach to other prequalified vendors to determine why they did not submit a response. The primary reason cited was current workload constraints that prevented participation.The Department has reviewed the sole quote and has determined that the price is fair and reasonable. RLA Conservation, LLC work will include restoring the sculpture, pool basin, and bronze plaque to ensure structural integrity, aesthetic quality, and long-term preservation. For the sculpture, experts will determine the appropriate color match and paint system, remove existing coatings, clean and degrease surfaces, and apply a rust-inhibiting primer before painting with an industrial-grade system that replicates the original palette.Structural repairs will address corrosion and water infiltration,including welding and replacing beams below the Mermaid's tail,with all welds ground smooth to maintain the original profile.The pool basin will be treated by replacing missing tiles, re-grouting, repairing cracks and concrete losses, treating corroded rebar, and cleaning all surfaces before applying a turquoise pool paint system and repainting the exterior walls white, allowing extended curing before refilling. Finally,the bronze plaque will be cleaned to remove dirt,grime,and corrosion,treated with solvents as needed,and protected with a sacrificial wax coating buffed to an appropriate sheen, completing a comprehensive plan for durability and visual restoration. 1 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A__ _ACHMENT B CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture February 5, 2026 ,. , ... , -,7 ,, ,,:. , i, , , „ . „.. . 1 • � � .... 111( III 1 7 i \( li 4:..., 11,1„11,, . isi, s . ,141°. s , s s ' ..._ 1 1 • if ; . 1 it , ,_ • _ '' ,. ....... ..., . • 4 itl _ i PI / i gi 4/ ae i Prepared for: Danielle Bender, Cultural Affairs Manager City of Miami Beach Tourism and Culture Department 1755 Meridian Avenue, Suite 500 Miami Beach, FL 33139 Daniel IeBender@miamibeachfl.gov Prepared by: Christina Varvi, President& Chief Conservator RLA Conservation, LLC PO Box 480069 Los Angeles, CA 90048 cvarvi@rlaconservation.com Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 202 6-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture TABLE OF CONTENTS I. COVER LETTER 3 II. APPROACH AND METHODOLOGY 5 a. CONSERVATION PLAN 5 b. CONDITION REPORT 5 c. TREATMENT PLAN 6 d. WORK TIMELINE 9 III. ESTIMATED COSTS 10 IV. CAVEATS 11 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture I. Cover Letter and Company Contact Information Dear Ms. Bender: February 5, 2026 RLA Conservation, LLC(RLA) is pleased to submit the following proposal to the City of Miami Beach Tourism and Culture Department for the conservation treatment of Roy Lichtenstein's Mermaid. Per the ITQ document provided by the City, we understand that the City is seeking firms who demonstrate competence, capacity and experience to provide professional public art conservation, maintenance, and repair services. Our proposal will demonstrate the methodology and costs for RLA's staff to undertake this project. We believe that our longstanding and varied experience in large contemporary and public art collections conservation and routine maintenance will provide the maximum benefit to the City. We have over 50 years of combined professional experience in the care of contemporary art, outdoor and indoor works of art, and architecture and are particularly adept at working with large- scale installations in high-traffic areas with complex access and logistics. Since 2010 we have provided our conservation services to the City of Miami Beach, undertaking the conservation treatment and maintenance of various works over the past sixteen (16)years.We are a firm of eleven (11) professionally trained conservators who hold Masters Degrees from recognized conservation training programs, most of whom are either Fellows or Professional Associates of the American Institute for Conservation. We have four (4) trained conservation technicians on staff with a combined 15 years of experience. RLA has coordinated similar efforts for multiple public entities and museums and is known for creating partnerships with stakeholders to provide the best and most cost-effective care programs.We have worked extensively assessing, maintaining, and treating many public and private art collections throughout the United States over the past sixteen years, including works sited outdoors as well as within interior offices and communal spaces. As such, we are particularly familiar with the challenges of the subtropical climate here in South Florida.We are also highly familiar with artworks sited in high traffic areas that are exposed to frequent public interaction. Thank you for your consideration of this proposal. Please do not hesitate to contact us with any questions regarding our proposal. We greatly look forward to continuing to work with the City of Miami Beach. Sincerely, v�Cs Christina Varvi, President, Partner, and Chief Conservator RLA Conservation, LLC PO Box 480069, Los Angeles CA 90048 Tel: 323-377-8425 I Email: cvarvi@rlaconservation.com 3 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture CONTACT INFORMATION: Company Name: RLA Conservation, LLC Physical Address: 852 NW 71s1 St, Miami, FL 33150 Business Address: PO Box 480069, Los Angeles, CA 90048 Phone Number: Miami: 305-573-7011 / Los Angeles: 323-377-8425 Email: cvarvi@rlaconservation.com Primary Team Contact for Contracting Purposes: Christina Varvi, President & Co-Chief Conservator cvarvi@rlaconservation.com/tel: 323-377-8425 Primary Contact for Implementation: Caroline Dickensheets, Miami Managing Conservator cdickens@rlaconservation.com/305-573-7011 Elena Bowen, Associate Conservator ebowen@rlaconservation.com/305-573-7011 Additional Contacts: Pat Oblak, Miami Studio Manager miamimanager@rlaconservatio.com/305-573-7011 Lydia Garcia Puente, Accounting Administrator Laofficeassistant@rlaconservation.com/323.377.8425 4 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture II. Approach and Methodology GENERAL:The City of Miami Beach is looking for the selected contractor to carry out conservation treatment of Roy Lichtenstein's Mermaid sculpture. RLA understands from the provided ITQ documents that this scope of work includes collaborating with City staff, rental equipment companies, welding subcontractors, and the City's selected engineer to address corrosion, repainting, pool basin work, and plaque surfacing. Conservation treatment will be documented with a final report including but not limited to a link to all high-resolution digital images, full condition report of the artwork, treatment steps implemented, selected treatment images, and recommendations for future maintenance. CONDITION (As OF MARCH 2025):Overall, the sculpture was in fair structural condition with areas of dimensional ferrous corrosion breaking through the paint layer at the base of the two (2) tall vertical metal columns near the mermaid's tail. Per investigation done by the engineering firm O'Donnell & Naccarato, these areas had experienced more than a 10% loss of stable metal, leading to structural weakness. Other areas of concern included the seam between the metal outline of the mermaid and concrete body of the mermaid, top portion of the metal rays, and metal cloud shape, which were noted as having a leak in previous conservation campaigns. This had allowed condensation to develop internally and water to pool in the lower portions of the sculpture. This was an issue with the structure of the artwork and will require further investigation before determining appropriate treatment. Additional fissures were noted throughout the steel elements of the sculpture. Investigation of these areas by the engineering firm O'Donnell & Naccarato indicated that these areas do not require full structural treatment and can be addressed through grinding down corrosion to a stable metal surface and adding additional support at the corners of the lower beams. There was moderate to severe corrosion in localized areas throughout the sculpture, which had caused blistering and flaking in the steel substrate, resulting in loss of material as well as paint. The painted surfaces were in fair to poor condition. The paint was well bonded to the concrete surfaces but was delaminating on areas of steel where corrosion was occurring. Fading and chalking from UV exposure, wind, and heat was present throughout the sculpture but was noticeably worse on the front of the sculpture which faces southeast. Mineral deposits were noted throughout the lower portions of the sculpture that are near the pool water. As RLA understands, the pool basin did not have any known leaks or other concerns regarding its ability to function properly or retain water. The pool paint from RLA's previous treatment remained intact but had faded significantly, likely due to prolonged contact with chemicals from the water and UV exposure. There were no visible cracks or losses on the floor of the pool interior. The tiles throughout the pool exhibited varying degrees of mineral deposit accumulation. One (1) tile was missing from the border as well. The grout throughout the tiles was soiled, cracking, and missing in multiple areas. There were two (2) thin cracks (less than 1/8" wide) along the upper pool basin exterior where the portion that encircles the palm tree meets the main pool basin. These were likely caused by settling or roots from the tree. Other hairline cracks were noted on the basin wall 5 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture exterior, but these were hairline in width (less than 1/16") and did not sound hollow when tested with a sounding hammer. The white paint of the exterior base of the pool was abraded with areas of concrete exposed, likely due to interaction with lawn equipment. The bronze plaque was in fair condition. There did not appear to be any extant lacquer or wax coating on the bronze surface. The surface overall appeared dry with some green corrosion shift, light blue green corrosion, and mineral deposits throughout the surface. Discussion: The sculpture has undergone approximately four (4) conservation and restoration campaigns since 2000. These treatments mainly addressed deterioration of the paint layers including wholesale repainting of sections and local compounding of the existing paint layers to bring back a saturated appearance. Corrosion was addressed locally through removal, passivation, and repainting with the addition of weepholes to address trapped moisture. The pool itself was repainted twice with color-matched pool paint. For further details of the above-mentioned conservation treatments, please refer to RLA's Conservation Treatment Reports provided to the City November 23, 2010; December 8, 2011; and November 8, 2016. Overall repainting of the sculpture in outdoor-rated paints carried out in 2000 was not performed by RLA but is documented in the City's files. PROPOSED TREATMENT PLAN: Prior to on-site treatment 1. In consultation with the Getty Conservation Institute and conservation colleagues, determine the appropriate color match and paint system for the sculpture. Drawdowns of each paint color will be provided to the client for approval. Paint will only be purchased once RLA has received approval in writing from the client. 2. Work with City staff to confirm the final treatment schedule, logistics for on-site equipment rentals, and any necessary permits or approvals required by the City before, during, or after the conservation treatment. On-site treatment 3. Document the treatment with a written report and high-resolution digital photographs. Provide a Dropbox link to all treatment images as well as recommendations for ongoing routine maintenance. 4. Erect a six foot(6') high security fence around the artwork with windscreen for the duration of treatment. Provide a chain link and combination lock to secure the site during off hours. RLA will provide the code to the City/Fillmore staff in case of emergencies. RLA to access upper surfaces of the sculpture with a rough-terrain, gas powered boom lift. a. An allowance of up to $4,000.00 is included for a temporary fence rental. If additional decorative scrim or other City of Miami Beach specifications are required, these will be included at an additional cost. This fence is to be secured with sandbags unless RLA is instructed otherwise. b. RLA does not believe any lane closure will be required for this project. RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture 5. Inspect upper areas of the sculpture, particularly areas of previous repair where water was infiltrating to determine any sources of leaking into the sculpture, areas where water has collected, and any weepholes. 6. Apply polyethylene sheeting surface protection to base of pool for duration of treatment of the sculpture. 7. Chemically remove all existing coatings on the steel and concrete substrates followed by cleaning with a pressure washer at low pressure. 8. Assess condition of exposed steel after paint removal and cleaning. 9. As necessary, have a structural engineer examine previously obscured or inaccessible areas of cracking and/or structural loss in the metal from corrosion to determine if additional steps, such as welding, must be performed. If needed, have the engineer revise the original specifications to remediate any adverse conditions observed in the metal. We do not foresee a need for replacement of any upper components and not have included such costs in our estimates. 10. Oversee welding repairs as specified by the engineer. Deep pitting is to be filled via welding followed by grinding of the fill metal to blend with adjacent surfaces in profile and texture. a. Completely replace the beams below the Mermaid's tail. These new beams will be welded into place and the welds ground down to blend with adjacent surfaces in profile and texture. 1. This may require additional permitting, city inspections, a shoring plan for the sculpture, and a hurricane plan (if treatment is to take place during hurricane season)for the duration of repairs to this area. These have not been included in the below cost estimate nor in the timeframe estimate of 10-12 weeks. 2. Per the welding sub-contractors, this repair should have a lifespan of up to twenty (20) years with regular maintenance and care. ii. Please note, as outlined in the Engineer's report(see attachment), the most robust repair to the lower beams would be the addition of metal plates to the exterior of each side. This would, however, constitute an aesthetic change to the sculpture and therefore may not be appropriate. The current remaining intact metal can handle the load, however reinforcement of the corners may be required to replace material loss and ensure full connectivity of the four plates comprising the beams. 11. If needed, repair concrete surfaces with appropriate cementitious repair material with latex modifier. Based on RLA's assessment, only small losses (less than 1/4" deep) were visible. Only cracks and areas of loss greater than 1/16" wide or 1/4" deep will be repaired. 12. Degrease all exposed steel surfaces with organic solvents in preparation for the paint layer. 13.Apply a rust-inhibiting industrial grade primer by nap roller to exposed steel surfaces per the manufacturer's specifications. Allow to cure. 14.As needed, fill shallow areas of surface loss with an industrial-grade fill material. Once cured, sand fills to be flush with adjacent surfaces. 15. Degrease the surface with organic solvents. 16.Apply the selected paint stack to the metal sculpture surfaces by nap roller and brush per the manufacturer's specifications. a. RLA will work in sections per the original color palette, masking off adjacent areas 7 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture to prevent overpaint. b. Allow coating to cure per manufacturer's specifications before handling. c. Please note: Though the painted finish will be high quality and achieve the original appearance from a normal viewing distance, minor aesthetic imperfections may be visible in the finish upon close inspection due to the challenges of applying an industrial paint in an outdoor marine environment rather than a sterile environment. 17. Apply the selected paint stack to the concrete components by nap roller and brush per the manufacturer's specifications. Allow the appropriate cure time between coats. 18. Please Note: Once the final coating application has been completed, we recommend allowing the coatings to cure an additional two (2) weeks before the pool is filled. Pool Basin 1. Confirm if missing tile has been retained by the City or Fillmore staff. If not, source appropriate replacement. a. Note that the original may not be commercially available. RLA will do our best to find an acceptable replacement but note that slightly differences may be noticeable in the tile's profile and glaze color/sheen upon close inspection. 2. Excavate concrete areas with suspected corroding rebar reinforcement around the water outtake. a. Mechanically reduce corrosion. b. Clean the rebar with organic solvents. c. Encapsulate the rebar with a two-part epoxy. Allow to cure. d. Patch excavated areas with a conservation grade cementitious fill material. 3. Reduce mineral deposits on tile surfaces. 4. Mechanically remove any areas of unstable grout to sound substrate. 5. Clean raked areas with a conservation-grade detergent in filtered tap water and stiff nylon brushes. a. Rinse surfaces thoroughly to eliminate any detergent residue that may inhibit bonding and pat dry with microfiber cloths. 6. Pre-wet treatment areas and apply sanded grout in appropriate color. a. Note that color will be similar to existing grout but may not be an exact match. b. Cure grout per manufacturer's specifications, keeping out of direct sunlight. 7. Fill exterior basin wall cracks with appropriate cementitious fill material with latex modifier. 8. As needed, fill small areas of concrete loss on the basin of the pool with appropriate cementitious fill material with latex modifier. a. Although the basin was filled with water at the time of RLA's assessment, there did not appear to be any cracks or losses visible on the pool basin. 9. Clean all pool basin surfaces to remove dust, dirt, and debris using conservation grade detergent and stiff nylon brushes. a. As the existing paint system in the pool basin shows no signs of flaking or delaminating, it is assumed the new coat can be applied directly on top without complete removal of previous paint systems. b. Allow to air dry. 10. As needed, prepare surfaces to receive fresh coating. 8 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture 11. Paint pool basin in appropriate turquoise color using a pool paint system. 12. Paint exterior wall basin to match the existing white color. For Bronze Plaque 1. Clean all surfaces to remove dirt and grime. Use filtered tap water to rinse, followed by cleaning with a conservation-grade detergent. Rinse using filtered water followed by a distilled water rinse. Use clean microfibers to dry. 2. Lessen corrosion and mineral deposits mechanically or with solvents, as necessary. 3. Apply one coat of sacrificial proprietary cold past wax to the surface. 4. Allow to dry and buff to an appropriate sheen. ESTIMATED TIMELINE: This project is estimated to take place over ten to twelve (10-12) weeks on site. Please note: to meet the City's desired deadline of June 2026, work will need to begin by March 2026. RLA requires a four-week mobilization lead-time for rental equipment and staff scheduling. GENERAL TIMELINE OF TREATMENT: Please note this schedule is flexible and may be revised due to weather, subcontractor scheduling, events, and treatment efficiency. RCA will be in constant communication with the City if/when scheduling changes occur. Description Duration Week 1 Fence Installation and equipment rental 2 days mobilization RLA inspection of upper areas 1 day Begin paint removal on upper areas 2 days Week 2 Paint removal on upper areas 3 days Engineer inspection of upper areas 1 day Week 3 Paint removal on lower areas 3 days Begin preparation work of lower areas 2 days Week 4 Complete preparation of lower areas 2 days Welding repair and replacement of lower 2 days elements Welding repairs of upper areas 2 days Week 5 Fill and prime metal elements 5 days Week 6 Painting of metal elements 5 days Week 7 Complete painting of metal elements 2 days 9 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture Begin preparation of concrete elements 3 days Week 8 Paint concrete elements 5 days Week 9 Carry out pool basin repairs 4 days Carry out bronze plaque treatment 1 day Week 10 Paint pool basin 2 days Paint touch ups as needed 2 days Week 11 De-mobilize site and remove all tools 2 days Removal of fencing 1 day Week 12 Week as needed for weather or other unforeseen delays Ill. ESTIMATED COSTS Sculpture Labor $90,100.00 Documentation $4,000.00 Materials $10,000.00 Admin, Mobilization $6,500.00 Equipment Rentals $12,000.00 (includes fencing and 30-39'boom lift) Engineer Costs $10,000.00 Welding $15,400.00 **Please note additional costs for shoring,permits, and additional inspections for replacement of the beams are not included in this cost. Total Sculpture Cost: $148,000.00 Pool Basin Labor $20,200.00 Documentation $500.00 Materials $2,400.00 Admin, Mobilization $900.00 Total Pool Basin Cost*: $24,000.00 *Costs assume work to take place during same mobilization as the sculpture.If any additional mobilization is necessary,costs would increase. 10 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture Bronze Plaque Labor $525.00 Materials $250.00 Admin, Mobilization $75.00 Bronze Plaque Cost: $850.00 Total Estimated Cost $172,850.00 Costs are inclusive of labor, documentation, materials, administrative time,equipment, access,security fencing, welding, and additional engineer inspections. Costs do not include special permits, bonds, or licenses. Costs assume that work will take place during normal business hours (Monday through Friday between 7 AM and 5 PM) and that parking for at least two (2) vehicles will be provided at no cost to RLA. Costs assume that water and electricity hook-ups will be provided within one hundred feet(100') of the job site. Bathrooms must also be provided within close proximity to the job site. Costs do not include any background checks,security screening, training, badging, health screenings, fit testing, or development of a workplan,safety manual, and/or job hazard analysis. If any of these are required, RLA must be notified in advance to ensure we can meet schedules/deadlines as well as revise our proposal to include additional costs related to City requirements. Costs also do not include any fume containment during the course of treatment. SDS can be provided prior to starting work and RLA will use low VOC materials,but there will be a discernable odor during the priming and painting processes. RLA will attempt to protect the grass, but some compression of the ground may occur due to the boom lift and temporary fencing. No restoration of the landscape is included in this proposal. RLA reserves the right to amend this proposal should there be any unexpected conditions or expanded scope. RLA will immediately notify the client of any proposed change of scope and any associated costs. Any scope not expressly outlined above is excluded. IV. SIGNATURES AND CAVEATS Prepared by: Approved by: Caroline Dickensheets, Christina Varvi, Miami Managing Conservator President and Co-Chief Conservator Prepared by: Approved by: Elena Bowen, Associate Conservator Nelson Hallorquist, Director of Operations RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1 E8-BFOBD4790C5A CITY OF MIAMI BEACH, FL Quote Request 2026-001-TCD Restoration of Roy Lichtenstein's Mermaid Sculpture EXCLUSIONS AND CAVEATS • This price is valid for a period of 90 days from the date of the proposal. • No work will be performed until a mutually acceptable schedule for work and payment is agreed upon. • Costs are NOT based on Davis Bacon, Service Contract Act or any other legally mandated prevailing wage rates beyond minimum wage. If prevailing wage compliance is required, we reserve the right to modify our proposal accordingly. • We require clear access to the worksite in an uninterrupted schedule during daytime work hours, Monday through Friday, unless other arrangements are made. • We will require access to water and electricity within 100 feet of the work site. • We will require access to free parking for at least one vehicle in close proximity to the worksite. • We will require access to bathrooms at the worksite. • Non-toxic trash will be deposited into dumpsters provided by client unless otherwise arranged. • This price does not include any special insurance, permits, licenses, or bonds. • Notwithstanding anything in the proposal/agreement to the contrary, any material or equipment prices provided herein are only applicable to work performed in the next 90 days. After this period, material and equipment prices will be subject to further increases due to any shortages, unavailability or increases in market pricing from any cause whatsoever except to the extent caused by RLA. If, during the performance of the proposal/agreement, any material or equipment price increases,the price shall be increased by an amount necessary to cover such price increases. Where the delivery of material or equipment is delayed, through no fault of RLA, RLA shall not be responsible for any additional costs or damages associated with such delays. • RLA shall not be considered in default because of any failure to perform the above scope of work under its terms if the failure arises from causes beyond the control and without the fault or negligence of RLA. Examples of these causes are(1)acts of God or of the public enemy, (2)acts of the Government in either its sovereign or contractual capacity, (3)fires, (4)floods, (5)epidemics, (6)quarantine restrictions, (7) strikes, (8) freight embargoes, (9)earthquakes, and (10) unusually severe weather. In each instance, if RLA determines that any failure to perform would result from one or more of the causes above, the delivery schedule shall be revised. 12 RLA CONSERVATION, LLC • February 2026 Docusign Envelope ID:9D377B6D-484A-4329-A1E8-BFOBD4790C5A M I AM I BEAC H Contract/Document Routing Form Contract No. —r- Professional Services Agreement—RLA Conservation,LLC—Mermaid 2026 ihijillt +{ali�l�ifY" RLA Conservation,LLC Tourism and Culture Department Lissette Garcia Arrogante As, Maria Hernandez FIH x Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2-Any other contract,amendment,change order,or task order that does not result from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement Type s-Grant agreements with the City as the grantor Type 8-Other: Professional Services Agreement for professional conservation services of the AiPP collection sculpture Mermaid(1979)by artist Roy Lichtenstein with RLA Conservation, LLC.This agreement is funded from the Large-Scale Restoration budget allocation in the Art in Public Places Fund.The Mermaid sculpture is permanently installed in the lawn area adjacent to The Filmore Miami Beach near the corner of 17 Street and Washington Avenue.As part of the Art in Public Places 10-year conservation schedule,the conservation services were contracted following ITB 2026-112-JP,which established a qualified pool of eligible vendors.Following the establishment of the vendor pool, ITQ 2026-001-TCD was shared with the three eligible vendors,resulting in one proposal from RLA Conservation,which was approved at the February 5,2026,City Commission meeting via Procurement request C2E,communicated via LTC 077-2026. Attached: 1. PSA-RLA Conservation,LLC—Mermaid 2026 2. Memorandum-Procurement Requests-C2E 3. Attachment A-Routine Feb 25 Commission Item 4. Attachment B-Proposal w,'��1 d. One(1)Time N/A One(1)Time . arrimmismaimira Grant Funded: Yes X I No State Federal Other: Account - . . Re•uire Enhancement 1 $133,000 305-1720-000676-34-410-593-00-00-00-61824 Yes x No �»• 2 $39,850 147-0380-069370-25-410-556-00-00-00-61231 Yes x No l"K City Commission Approved: Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: X Routine C2 E February 25,2026 Procurement Item (attached) If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: .: ompliance Approvals Procurement: Grants: N/A N/A Budget: Tameka Otto Stewart Information Technology: H'S N/A Risk Management: Marc Chevalier Fleet&Facilities: FAIL Human Resources: N/A Other: N/A