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25253
AGREEMENT INFORMATION AGREEMENT NUMBER 25253 NAME/TYPE OF AGREEMENT YANES STUDIOS, LLC DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/LARGE SCALE RELIEF MURAL FERN ISLE PARK/MATTER ID: 21-2621 EFFECTIVE DATE October 23, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/18/2024 DATE RECEIVED FROM ISSUING DEPT. 11/18/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL I880AP=ORATE, * 18.AB <0N�� CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: PLANNING, PUBLIC ART DIVISION DEPT. CONTACT PERSON: ALBA DE LA PAZ NAME OF OTHER CONTRACTUAL PARTY/ENTITY: EXT. 1689 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? IN YES ❑ NO TOTAL CONTRACT AMOUNT: $35,000.00 FUNDING INVOLVED? DYES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT O PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) PROFESSIONAL ARTIST AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): AGREEMENT TO ALLOW SELECTED ARTIST TO ALLOCATE A MURAL ON MAINTENANCE BUILDING AT THE PARK EXPANSION / IMPROVEMENTS FOR PBA FERN ISLE PARK. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Authorized by the Art in Public Places Board Resolution No. AIPP-R-23-022 pursuant to its delegated authority under Chapter 62 of the City Code. ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR November 18, 2024 PRINT: DAVID I 09:5 SIGNATU SNOW :51D°t : mitt ned by: StAhW SUBMITTED TO RISK MANAGEMENT November 18, 2024 PRINT: AN - I 10:19:0 SIGNATURE: A9ARPE EpQGuSigned by: Frauk atwtt/7 SUBMITTED TO CITY ATTORNEY Matter 21-2621 DS �1 l� November 18, PRINT: GEOR 2024 I 11:1K�'°T§1"ed SIGNATURE: PRINT: Nat`dslib.77i6f�ok-Wi 2024 I 12 : 06r4]D°ESTnedby: SIGNATURE: 'WINCING III by: /'1 ��{,br,, , . W s i ill 11 i an w IL APPROVAL BY ASSISTANT CITY MANAGER November 18, RECEIVED BY CITY MANAGER November 18, PRINT: ART 2024 I 13: 11:V'`.5.`4'slilgnedby: SIGNATURE: .N.s $'4B` gg9"5'D€A41B. Maur ivori November 18, PRINT: Hannon SIGNATURE: 21I1NT: 14:49:0015 BbDCF '2 4' .. A. , Toaai ,—DocuSigned by: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, SIGNATURE: PRINT: SIGNATURE: `— E4607560DCF1459... 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER Release , Hold Harmless, and Indemnification Page 3 of3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND ARTIST YANES STUDIOS, LLC 23 This Professional Services Agreement ("Agreement") is made and entered into this day of October 2024, ("Effective Date") by and between the City of Miami, (hereinafter referred to as the "City") and Yanes Studios, LLC, a Florida Limited Liability Company, with a principal address at 12715 S.W. 116th Terrace, Miami, Florida 33186 (hereinafter referred to as the "Artist"). RECITALS: WHEREAS, pursuant to Ordinance Nos. 13656 and 13657 the City implemented a public art program, allocating certain funds for the acquisition of art works for public places and authorizing the Art in Public Places Board ("AIPPB" or "Board") to approve the selection of artists and make payments for the design, execution and installation of works of art; and WHEREAS, funds for the art have been allocated in accordance with Ordinance Nos. 13656 and 13657 from the Art in Public Places Fund and pursuant to the procedures duly adopted by the City; and WHEREAS, on April 15, 2019, the AIPPB, pursuant to Resolution No. AIPP-R-19-008, approved with conditions the expenditure of up to Sixty -Four -Thousand Dollars ($64,000.00) ("Original Funding") to be used for design services, commissioning, acquisition and installation of public art for Ronald W. Reagan Park, previously known as PBA Fern Isle Park, located at 2300 N.W. 14 Street (the "Property" or "Site"), furthermore directing staff to issue a "Call to Artists"; and WHEREAS, on April 23, 2019, the City's Public Art Division conducted a Call to Artists in accordance with Section 62-658 of the Code of the City of Miami, Florida, as amended ("City Code"), titled "Selections of works of art," requesting qualifications from professional artists and/or artist teams to create integrated artwork(s) for the Property; and WHEREAS, on July 15, 2019, the AIPPB, adopted Board Resolution AIPP-R-19-017, which selected three (3) artists to develop specific proposals to compete for the commission; and WHEREAS, the City entered into contracts with the shortlisted artists for design proposals as part of the original Call to Artists; and WHEREAS, subsequently, the City's Planning Department ("Planning") staff, after consulting with the design team and the project manager, found that the improvements planned as part of the expansion of the Property from an eight (8) acre park to a fourteen (14) acre park would benefit from increased public art funding in the amount of an additional Sixty -Four Thousand Dollars ($64,000.00) ("Additional Funding") for the integration and placement of additional public art, for a total allocation of One Hundred Twenty -Eight Thousand Dollars ($128,000.00) ("Total Funding"); and 1487233 WHEREAS, upon the Planning Staff identifying Additional Funding, on October 19, 2020, the Board adopted Resolution No. AIPP-R-20-016 allocating the Additional Funding along with the Original Funding for the additional public art at the Property; and WHEREAS, on March 15, 2021, the Board adopted Resolution No. AIPP-R-21-006 after reviewing the proposals from the shortlisted artists and found the proposed public art installation by Gail Simpson of Actual Size Artworks, titled "Sky Canopy" to be in accordance with the intent and criteria of Section 62-658 of the City Code; and WHEREAS, pursuant to Resolution No. AIPP-R-21-006 the Board further directed Planning Staff to invite second -ranked artist Alex Yanes of Yanes Studios, LLC to participate via a direct invitation in accordance with Section 62-658 of the City Code; and WHEREAS, pursuant to Resolution No. R-21-0250, the City Commission ratified, approved, and confirmed certain actions related to the commissioning and installation of the art, the Total Funding, and the installation thereof at the Property, as set forth in the Board' s Resolution No. AIPP-R-21-006, by the Board, Planning, and certain other designated City officials and departments, which continue to accept additional funding and to take necessary actions to update the City's relevant financial controls and computer systems for the commissioning and installation of the art, Total Funding, the installation thereof, and for any other grants and other funding sources in progress in connection herewith; and WHEREAS, following the directive by the Board as ratified by the City Commission, the Planning Staff engaged the Artist for preparation of a proposal for the integration of public art for the Property; and WHEREAS, on October 18, 2021, pursuant to Resolution No. AIPP-R-21-015 and subject to City Commission's adoption of the Public Art Master Plan and Program Guidelines, the AIPPB, after reviewing the public art proposals presented by the Artist, moved to award the total amount of Thirty -Five Thousand Dollars ($35,000.00) for the commission of the large-scale relief mural of approximately one thousand one hundred twenty (1,120) square feet in area (the "Art" or "Work") to be integrated as part of the existing maintenance building on the Property; and WHEREAS, on March 10, 2022, pursuant to Resolution No. R-22-0107, the City Commission adopted the Public Art Master Plan and Program Guidelines; and WHEREAS, on November 13, 2023, pursuant to Resolution No. AIPP-R-23-022, the AIPPB, after reviewing an updated proposal for modifications to the Art, to accommodate subsequent changes to the building during the permitting and construction phase, moved to again approve the public art proposal by the Artist; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Artist and City agree as follows: Page 2 of 21 ARTICLE I SCOPE OF SERVICES 1.1 GENERAL The Artist shall perform or provide all services, including travel, and furnish all supplies, materials and equipment as necessary for the design, execution, transportation and installation of the Work according to the approved Artist' s proposal, attached hereto and incorporated herein as Exhibit "A," (the "Proposal") to be located at the Site all in substantial conformance and pursuant to Section 1.2 below. The Parties expressly understand that the Work is art procurement, delivery, and installation of the Art described in the Proposal. Artist shall be solely responsible for the creation, delivery, installation, and anchoring of all Work at the Site. 1.2 PROCEDURE The Artist shall, upon execution of this Agreement, initiate the commission of the Art as proposed in Exhibit "A" and coordinate the scheduling, fabrication and installation of the Work. Prior to initial payment, the Artist shall furnish to the City a schedule for the creation and installation of the Work, attached hereto and incorporated herein as Exhibit «B » ARTICLE II COMPENSATION 2.1 FIRM FIXED PRICE The City shall pay the Artist for the design, fabrication, delivery, and installation of the Work the fixed fee amount of Thirty -Five Thousand Dollars ($35,000.00) ("Artist's Fixed Fee"), which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Agreement, including the Artist's Fee and all related overhead and other expenses. 2.2 METHOD OF PAYMENT The Artist' s Fixed Fee shall be paid twenty five percent (25%) upon execution of this Agreement ("Deposit"), twenty five percent (25%) upon fifty percent (50%) completion of the Work. Upon completion and written acceptance from the City, the remaining fifty percent (50%) of the Artists Fixed Fee shall be released ("Final Payment"). Eligibility for Final Payment shall be subject to the reasonable satisfaction of the City that the Work has been completed in accordance with this Agreement. ARTICLE III TIME OF PERFORMANCE Page 3 of 21 3.1 DURATION The Work required of the Artist as set forth in Article I, Scope of Services, shall commence upon the execution of this Agreement and shall be completed and installed in accordance with the schedule for completion of the Work, but no later than February 28, 2025. Receipt by the Artist of a fully executed copy of this Agreement shall constitute the notice to proceed with the Work as outlined in this Agreement. 3.2 TIME EXTENSIONS A reasonable extension of the contract time will be granted in the event there is a delay on the part of the City in fulfilling its part of the Agreement or should conditions beyond the Artist's control or Acts of God render performances of its duties impossible. The City shall be the sole judge in its discretion of what constitutes "beyond the Artist's control". ARTICLE IV GENERAL CONDITIONS 4.1 OWNERSHIP AND USE OF INSTRUMENTS OF SERVICE a. All materials presented by the Artist to the City shall become public records. The City shall retain them and make them available for inspection and copying in accordance with the Florida Public Records Act. b. All designs and other data developed by the Artist for project proposal and delivered to the City, including, but not limited to, notes, drawings, specifications, models, molds, photographs, estimates, material samples, reports and/or investigations shall become the property of the City. 4.2 WARRANTY OF ORIGINALITY The Artist warrants that the Work delivered to the City in the performance of this Agreement shall be the result of the artistic efforts of the Artist and that, unless otherwise stipulated, the Work shall be unique and an edition of one. 4.3 INSPECTION The City, or its designee, shall have the right at reasonable times to review and physically inspect the Work, during the fabrication and installation thereof, and to receive progress reports from the Artist. 4.4 COMPLIANCE WITH LAWS a. The Artist accepts this Agreement and hereby acknowledges that Artist's strict compliance with all applicable federal, state and local laws, permits, approvals, ordinances, rules, and regulations (collectively sometimes referred to as: "law" or "laws") is a condition of this Agreement, and Artist, and any of its employees or representatives, contractors, and subcontractors shall comply therewith as the same presently exist and as they may be amended hereafter. This Agreement shall be construed and enforced according to the laws of the State of Florida. The parties hereto agree that should a dispute arise under the terms Page 4 of 21 of this Agreement, venue shall be in Miami -Dade County, Florida. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial. Each party shall pay its own costs and attorneys' fees. b. The Artist shall be responsible and required to apply for all necessary permits, which will be paid by the City, for the installation of the Work. 4.5 ASSIGNMENTS, TRANSFER OR SUBCONTRACTING A material element of this Agreement is the personal skill, judgment, and creativity of the Artist. Therefore, the Artist shall not assign, transfer, or subcontract the creative and artistic portions of the Work to another party without prior written approval of the City. 4.6 EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION In connection with the execution of this Agreement, the Artist shall not discriminate against employees or applicants for employment because of race, religion, color, age, sexual orientation, gender, gender identity, ancestry, marital status, physical or mental handicap, place of birth, national origin, political affiliation, or any other factor which cannot be used. The Artist shall take affirmative actions to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sexual orientation, gender, gender identity, age, ancestry, marital status, physical or mental handicap, place of birth, national origin, political affiliation, or any other factor which cannot be used. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; and selection for training, including apprenticeship. 4.7 WARRANTY OF QUALITY The Artist warrants that the Work shall be free of defects in material and workmanship and that the Artist shall correct at his/her expense any such defects that appear during duration of the Agreement. The Artist warrants that the Work shall have a life expectancy to endure normal wear and tear from the elements for a minimum of ten (10) years. 4.8 WARRANTY OF SAFETY The Artist warrants that the art, pursuant to the Work, shall be safe and accessible to the public, including but not limited to, the art having no open and obvious hazardous conditions, placement of the Work shall not obstruct any rights of ways, the art shall be safely supported and anchored as to withstand all foreseeable public access and weather conditions for the duration of the Work's display and access to the public. 4.9 TITLE TO THE WORK Title to the Work shall vest in the City upon written notice of final acceptance of the Work. 4.10 ON SITE SUPERVISION The Artist will be personally involved in all phases of the Work's development, Page 5 of 21 fabrication, and installation to ensure that the Work is being installed in accordance with the Artist's design intent. 4.11 FINAL ACCEPTANCE When the Artist's Services have been completed, the Artist shall advise the City in writing. Upon receipt of notification, the City shall give the Artist written notice of final acceptance or notice of specified unfinished Services that need to be completed. Final acceptance shall not constitute a waiver or abandonment of any rights or remedies available to the City under any other section of this Agreement. 4.12 RISK OF LOSS The Artist shall bear the full risk of loss of, or damage to, the Work and shall take such measures and precautions as are necessary to protect the Work from loss or damage until Title to Work is transferred to the City pursuant to 4.9 of this Agreement. 4.13 INSURANCE The Artist shall have and maintain insurance policies in accordance with the requirements listed in Exhibit "C," attached hereto and incorporated herein. Insurance shall be reviewed and approved by the City' s Risk Management Department. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days written advance notice to the Certificate Holder. No funds nor access to the Site shall be provided to the Artist without insurance policies in compliance with the requirements listed in Exhibit "C" provided to the City. 4.14 INDEMNITY AND HOLD HARMLESS The Artist shall defend, indemnify, and hold the City and its officers, directors, employees, agents, depaitiuents, instrumentalities, and/or agencies (individually and collectively the "Indemnitees") harmless from any and all liability, losses and damages, including attorney' s fees and costs of defense, which Indemnitees may incur as a result of claims, demands, suits or causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent performance or willful misconduct of the Artist or its employees, agents, servants, partners, principals or subcontractors. The Artist shall, to the fullest extent of the law, hold harmless, indemnify and defend the Indemnitees from and against all claims, damages, losses and expenses, including but not limited to, attorneys' fees and costs. The Artist expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Artist shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Indemnitees as herein provided. 4.15 INDEPENDENT CONTRACTOR The Artist is an independent contractor and nothing in this Agreement shall be construed as constituting that the Artist is an employee, agent or representative of the City. Page 6 of 21 4.16 TERMINATION The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Artist at least thirty (30) calendar days prior to the effective date of such termination. In no event shall the City be liable to Artist for any additional compensation, other than that provided herein, or for any consequential or incidental damages. The City shall have the right to terminate this Agreement, without notice or liability to Artist, upon the occurrence of an event of default hereunder by the Artist. In such event, the City shall not be obligated to pay any amounts to Artist and Artist shall return any amount of monies received while Artist was in default under this Agreement. 4.17 CONFLICT OF INTEREST The Artist covenants that he/she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner, or degree, with the performance of Services under this Agreement. The Artist further covenants that, in the performance of this Agreement, the Artist shall employ no person having such interest. 4.18 NO LOBBYING OR COMMISSION The Artist warrants, represents, and agrees no funds have been paid, or will be paid, by or on behalf of the Artist, to any person for influencing or attempting to influence an officer, employee, or elected official of the City in connection with the award of Agreement. Further, Artist warrants represents and agrees that no agent nor broker shall receive funds in connection with the award of this Agreement. 4.19 PUBLICITY AND NEWS RELEASES The Artist shall not during the performance of this Agreement disseminate publicity or news releases regarding this Project or the Services without prior written approval of the City. Artist shall make himself/herself available for media interviews as may be required. 4.20 CHANGES/ADDITIONAL SERVICES The Artist and the City may, from time to time, agree on changes in the nature or in the time of Services. Such agreement shall be in writing and signed by both parties. Any Services requested of the Artist by the City outside those outlined in the terms of this Agreement, or changes requested by the City to the Work or the timetable for completion which materially expands the scope of work are considered Additional Services. The City and Artist agree to mutually assess any Additional Services and equitably adjust the amount of compensation accordingly. In no event shall any funds under this Agreement exceed the amount of Thirty -Five Thousand Dollars ($35,000.00). 4.21 TIME IS OF THE ESSENCE The parties hereby agree that time is of the essence with respect to performance of each of the parties' obligations under this Agreement. The parties agree that, in the event that any Page 7 of 21 date on which performance is to occur falls on a Saturday, Sunday, or state or national holiday, then the time for such performance shall be extended until the next business day thereafter occurring. 4.22 NOTICES All communications relating to the day-to-day activities shall be exchanged between the Artist, or his/her authorized representative, and the Director or authorized representative of the City. Such authorized representatives shall be designated in writing promptly upon commencement of the Services. Any notices, reports, or other written communications from the Artist to the City shall be considered delivered when posted or delivered in person to the Director. Any notices, reports, or other communications from the City to the Artist shall be considered delivered when posted to the Artist at the last address left on file with the City or delivered in person to said Artist or his/her authorized representative. Until changed by notice in writing, all such notices and communications shall be addressed as follows: If to the City: Art Noriega V, City Manager City of Miami Office of the City Manager 444 S.W. 2nd Avenue Miami, Florida 33130 With a copy to: George K. Wysong III, City Attorney City of Miami Office of the City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130 David Snow, Director City of Miami Office of Planning 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 If to the Artist: Alex Yanes 12715 S.W. 116 Terrace Miami, Florida 33186 4.23 SURVIVING COVENANTS The covenants and obligations set forth in this Article IV, shall survive the completion of installation of the Work and shall continue for the periods contained herein. a. Notice: The City shall at its expense prepare and install at the Site a public notice including the Artists' name and title of Work. b. Repairs & Restorations of the Work: The City shall have the right to determine when, and if, repairs to the Work need to be made. To the extent practical, the Artist shall be given the opportunity to make or personally supervise significant repairs and restorations andthe Artist may, at the discretion of the City, be paid a reasonable fee for any such service, provided that both parties, prior to the execution of such services, mutually agree upon the fee in writing. Page 8 of 21 c. All warranties contained in this Agreement. 4.24 ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate formal action of the City. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. 4.25 COUNTERPARTS; ELECTRONIC SIGNATURES This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 4.26 PUBLIC RECORDS Artist understands that the public shall have access, at all reasonable times, to all documents and information pertaining to this Agreement, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Artist's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. Artist shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records required by the City to perform this 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 within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, or 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 Agreement term and following completion of the Agreement if the Artist does not transfer the records to the City; and (4) provide to the City all electronically stored public records, upon request from the City's custodian of public records, in a format compatible with the City' s information technology systems. Should Artist determine to dispute any public access provision required by Florida Statutes, then Artist shall do so at his/her own expense and at no cost to the City. IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO Page 9 of 21 THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PublicRecords(amiamigov.com, CITY OF MIAMI PUBLIC RECORDS, CIO THE OFFICE OF THE CITY ATTORNEY, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130. 4.27 E-VERIFY EMPLOYMENT VERIFICATION: By entering into this Agreement, Artist and its subcontractors are jointly and severally obligated to comply with the provisions of Section 448.095, Florida Statutes, as amended, titled "Employment Eligibility." Artist affirms that (a) it has registered and uses the U.S. Depailiuent of Homeland Security's E-Verify system to verify the work authorization status of all new employees of Artist; (b) it has required all subcontractors to this Agreement to register and use the E-Verify system to verify the work authorization status of all new employees of the subcontractor; (c) Artist can provide an affidavit from all subcontractors to this Agreement attesting that the subcontractor does not employ, contract with, or subcontract with, unauthorized aliens; and (d) it shall maintain copies of any such affidavits for the duration of the Agreement. Registration information is available at: http://www.uscis.gov/e-verify. If the City has a good faith belief that Artist has knowingly violated Section 448.09(1), Florida Statutes, then City shall terminate this Agreement in accordance with Section 448.095(5)(c), Florida Statutes. In the event of such termination, Artist agrees and acknowledges that it may not be awarded a public contract for at least one (1) year from the date of such termination and that Artist shall be liable for any additional costs incurred by the City because of such termination. In addition, if City has a good faith belief that a subcontractor has knowingly violated any provisions of Sections 448.09(1) or 448.095, Florida Statutes, but Artist has otherwise complied with its requirements under those statutes, then Artist agrees that it shall terminate its contract with the subcontractor upon receipt of notice from the City of such violation by subcontractor in accordance with Section 448.095(5)(c), Florida Statutes. Any challenge to termination under this provision must be filed in the Circuit or County Court by the City, Artist, or subcontractor no later than twenty (20) calendar days after the date of said termination. 4.28 ANTI -HUMAN TRAFFICKING AFFIDAVIT: Artist confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Florida Statute, 787.06. The Artist shall execute and submit to the City an affidavit, of even date herewith, in compliance with F.S. 787.06(13), attached an incorporated herein as Exhibit "D". If the Artist fails to comply with the terms of this Section the City may suspend or terminate this Agreement, immediately without prior notice, and in no event shall the City be liable to Artist for any compensation or for any consequential or incidental damages. [Signature Page on the following Page] Page 10 of 21 23 IN WITNESS WHEREOF, the parties hereto have executed these presents this day of October 2024. ATTEST: By: By: "Artist" YANES STUDIOS, LLC, A Florida Limited Liability Company Signed by: _„L_ �O_ October 23, 2024 I 15:12: 4A82B3001C6E41E... By: Carla Seminario Print Name DocuSigned by: fined by: a� October 23, 2024 1 15:10:29 PDT Gib) ASz^&3064e6Ed-1 E... Alejandro Yanes, Manager Print Name November 13, 2024 1 09:52:04 EST @ 4ee*84$6... David Snow, Planning Director ATTEST: -DocuSigned by: D. •s—E463DW564DGF-1460 Todd Hannon, City Clerk "City" CITY OF MIAMI, Signed gjFlorida municipal corporation ,-DocuSigned by: 49:00 EST tries' nVtt./. � By: R,n,FRr372 0 APPROVED AS TO INSURANCE REQUIREMENTS: By: DocuSigned by: •0. November 18, 2024 1 13:11:14 EST Arthur Noriega V, City Manager APPROVED AS TO LEGAL FROM AND CORRECTNESS: Fro& aoyyOlvember 15, 2024 1 07:13:07 .63.1�1E7`' 1 By: Ann -Marie Sharpe Director, Risk Management DocuSigned by:II''11 Egcov�t, Nisi itrber 18, 2024 nF66... George K. Wysong III City Attorney Page 11 of 21 ,-hDS 11:I6:55 EST Matter 21-2621 TABLE OF EXHIBITS FOR PROFESSIONAL SERVICES AGREEMENT a. Approved Artist's Proposal b. Time schedule for the creation and installation of the Art c. Insurance Requirements d. Anti -Human Trafficking Affidavit Page 12 of 21 EXHIBIT "A" Artist Proposal : My main vision for the artistic component of Fern Isle Park consists of an abstract, relief mural to beautify the existing maintenance building. The mural is inspired by Miami's tropical surroundings and complex ecosystem. Through the use of bright colors, patterns and shapes, I plan to create an uplifting and inviting backdrop for the public to view while transforming the existing maintenance building into a work of art. Constructed of durable PVC paneling and sealed with a protective layer of weather resistant / anti -graffiti sealant to help the mural withstand the elements. Simple to maintain, It can be easily cleaned with water when necessary and is primarily maintenance free. The mural will be fabricated and painted at my studio then delivered and installed on site. 14' Mural Dimensions : 39' Page 13 of 21 Wall Obstructions : The original order of the PVC panels was reconfigured after ventilation. lighting and electrical obstructions were noticed during a recent site visit. Th s new design works around the obstructions and eliminates any installation issues. Page 14 of 21 Yanes Studios LLC 12715 SW 116th Terrace Miami, Florida 33186 Bill To City of Miami City of Miami 6y Email ESTI MATE Estimate Date : Reference#: # E5T-00202 10/06/23 Fern Isle Park Item & Description Qty Rate Amount 1 Large Scale Relief Mural Location: Fern Isle Park • Maintenance Building (Installation fee included) 1.00 35,600.60 35,000.00 Notes Looking forward for your business. Page 15 of 21 Sub Total 35,000.00 Total $35,000.00 EXHIBIT "B" Outdoor Mural by Alex Yanes — Fern Isle Park Time schedule for fabrication and installation of the Art: November 2024 Final contract completion December 2024 Materials ordered for fabrication Fabrication begins on site at Artists' studio warehouse January 2025 50% completion, studio visit and review by City of Miami (Artist will notify four days in advance) February 2025 Fabrication completed On site delivery and installation (on or before February 28th) Page 16 of 21 EXHIBIT "C" INSURANCE REQUIREMENTS ART INSTALLATION L Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Non Owned Auto Endorsement Primary Insurance Clause Endorsement IL Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer' s Liability $1,000,000.00 $ 2,000,000.00 $ 1,000,000.00 $ 1,000,000.00 A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accidentl $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit Letter or Exemption will be accepted in lieu of the certificate, if Artist has less than (4) employees. The above policies shall provide the City with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 17 of 21 AC RC] ®� CERTIFICATE OF LIABILITY INSURANCE DATE IIMADDIYYVYI 1610712024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on This certificate does not confer rights 10 the certificate holder in lieu of such endorsementjsj. PRODUCER Liberty Mutual Insurance PO BOX 188065 Fairfield OH 45018 CONTACT NAME: [a °Nfi Ea l: 800-962-7132 IFN,C, Nr,l. 800-845-3666 E4AAIL ADDRESS: Bus€nessService@tr Libe Mutual com INSURERS) AFFORDING COVERAGE NAIC s INSURER A: Ohio Security Insurance Company 24082 INSURED Panes Studios Llc 12715 Sw 11611 Ter Miami FL 33186 INSURER B: INSURER C: INSURER D: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 0063465433 REVISION NUMBER: 2016-03 THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF OUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R LTRINSR TYPE OF INSURANCE ADC/ SUER AND POLICY NUMBER POLICY EFF IMMBI IDYYYY} POLICY DU' IMMfDDYI IVYY LIMBS A X C OM MERCIALGENERAL LIABILITY X X BKS65181915 08/25/2024 08/25/2025 EACH OCCURRENCE E 1,000,000 CLAIMS -MADE X I OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) 300 DOD M ED EXP (Any one person) S 15,000 PERSONAL 8 ADV INJURY S 1,000,060 GE tit X AGGREGATE LIMIT APPLIES PER POLICY JECTT X LOC OTHER'. GENERAL AGGREGATE S 2,000,000 PRODUCTS - COMP/OPAGG 0 2,000,000 S AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _ _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) 0 BODILY INJURY (Per person) S BODILY INJURY (Per accident) 0 PROPERTY DAMAGE [Per aooldenD S S UMBRELLA. LIAR EXCESS USA OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S DED I I RETENT ONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y!N ANYPROPRIEFORIPARTNERIEXECUTIVE OFFICERfMEMBEREXCLUDED? N I (Mandatory in NH) II yes, describe under DESCRIPTION OF OPERATIONS below NIA I PEA UTE I I ERH E.L. EACH ACCIDENT 0 E L DISEASE - EA EMPLOYEE S EL DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS 7 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) **See Additional Remarks** CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATNE / Curtis Luken ACORD 25 (2016163) �] 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo a e registered marks of ACORD Page 18 of 21 A D� AGENCY CUSTOMER ID: 65181915 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Liberty Mutual Insurance NAMED INSURED YANES STUDIOS LLC 12715 Sw 116th Ter Miami FL 33186 POLICY NUMBER BK365181915 CARRIER 0410 Security Insurance Company AMC CODE 24082 EFFECTIVE DATE: 08125/2024 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: D025 FORM TITLE: 2016-03 Icily of Miami is Additional Insured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Provision. This Policy is Primary, and we will not ask for contribution of the Policy issued to the Additional Insured. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 19 of 21 January9, 2024 City of Miami Attn: Risk Management RE: Fern Isle Park — Outdoor Art Mural I, Alex Yanes, am a visuaI artist with no employees. Please accept this letter as per the insurance requirements (for companies with less than }4) four ern plo}gees)_ Sincerely, }'sf Alex Yanes Page 20 of 21 EXHIBIT "D" ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity is a non -governmental entity authorized to transact business in the State of Florida and in good standing with the Florida Department of State, Division of Corporations. b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, I declare the following: a. I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. I am an officer or a representative of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity: Yanes Studios LLC Alejandro Yanes Manager Name: Officer Title: Signed bye - a Signature of Officer: q) 4A82B3001C6E41E... 12715 SW 116th Terrace Miami, FL 33186 Office Address: Email Address: hello@alexyanes.com Main Phone Number: 305-915-9904 Page 21 of 21 August 19, 2024 City of Miami Attn: Risk Management RE: Fern Isle Park — Outdoor Art Mural I, Alex Yanes, am the artist to create and install the proposed outdoor mural located in Fern Isle Park. There is no auto -exposure associated with this scope of work. Sincerely, /s/ Alex Yanes Page 25 of 25 Olivera, Rosemary From: De la Paz, Alba Sent: Monday, November 18, 2024 3:22 PM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Nunez, Efren; Alam, Indra Subject: Completed: Contract with Artist_Alex_Yanes_PSA_(Matter_21-2621) Attachments: Art Allocation Contract_with_Artist_Alex_Yanes_11-18.pdf Good morning Mr. Hannon, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you. Best, ePLAN edit& Alba de la Paz Special Projects Coordinator Planning Department rl A.:noe. 3r�S FEC•[ I FL Phone: (305) 416-1689 Emai]: adelaoaz@miamigov=c m For E-Plea Info enterpriseprojects@miamigov,com For Planing ePlan inquiries: epianpz@miamigov.com To learn more about All Things ePlan, visit our website here. 1