Res No 169-24-16274RESOLUTION NO.169-24-16274
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,APPROVING A
PROPOSAL AND AGREEMENT WITH MIJARES ART LLC
FOR THE DESIGN AND INSTALLATION OF A MURAL AT
THE ENTRANCE TO THE SOUTH MIAMI MUNICIPAL
PARKING GARAGE (GARAGE)LOCATED AT 5829 SW 73rd
STREET IN AN AMOUNT NOT TO EXCEED $45,000;AND
AUTHORIZE THE CITY MANAGER TO NEGOTIATE A
PROPOSAL WITH MIJARES ART LLC FOR TWO
ADDITIONAL MURALS AT THE GARAGE;PROVIDING
FOR AUTHORIZATION,IMPLEMENTATION,
CORRECTIONS,AND AN EFFECTIVE DATE.
WHEREAS,the City Commission of the City of South Miami (the “City”)has determined
that art in public places provides an aesthetic enhancement to the quality of the public places in the
City to the beneficial enjoyment of the community;and
WHEREAS,the City desires to enhance the Municipal Parking Garage located at 5829 SW
73rd St,South Miami,FL 33143 (the “Garage”)with public art;and
WHEREAS,at the direction of the City Commission,Alex Mijares,on behalf of Mijares
Art LLC (the “Artist”),was introduced to the Business District Advisory Board (the “Board”);and
WHEREAS,on March 24,2024,the Artist presented a proposal to the Board,attached
hereto as Exhibit “A”(the “Proposal”),for the design and installation of a mural at the entrance of
the Garage (the “Entrance Artwork”);and
WHEREAS,the Artist has agreed to donate his time and design for the Entrance Artwork,
with the Proposal cost of $45,000 covering paint and/or wrap materials,and labor for assistants or
apprentices necessary to complete the installation,as further set forth in the quote attached hereto
as Exhibit “B”(the “Quote”);and
WHEREAS,the Board supported the Entrance Artwork unanimously and recommended
that the City approve the Proposal;and
WHEREAS,at the November 4,2024 Commission meeting,the City Commission further
authorized the City Manager to negotiate a proposal with the Artist for two (2)additional murals to
be located on the Garage walls and columns (“Additional Artwork”),and to bring back to the
Commission the final design for the Additional Artwork for approval (the “Entrance Artwork”and
the “Additional Artwork”are collectively referred to herein as the “Artwork”);and
WHEREAS,the City Commission finds that the Artwork will enhance the aesthetic value
of the Garage entrance and fa?ade/walls,and will contribute to the cultural and artistic atmosphere
of the community;and
WHEREAS,the City Commission desires to approve the Proposal and authorize the City
Manager to enter into an agreement with the Artist for the Entrance Artwork,in substantially the
Resolution No.169-24-16274
form attached hereto as Exhibit “C”(the “Agreement”),consistent with the Proposal and the Quote;
and
WHEREAS,the City Commission desires to further authorize the City Manager to
negotiate a proposal with the Artist for the Additional Artwork,and enter into the Agreement with
the Artist to include the Additional Artwork,subject to the final approval by the City Commission
of the design of the Additional Artwork;and
WHEREAS,the cost of the Entrance Artwork will be charged $39,955 to Art in Public
Places Account No.122-1790-519-3450,which has a proposed balance of $39,995,and $5,045 to
Administrative Services’Contractual Services line item 001-1300-513-3450,with a current balance
of $130,000,at the time of this request,or such other funding source(s)as determined by the City
Manager to be in the best interest of the City;and
WHEREAS,the cost of the Additional Artwork will be charged $34,950 to Account No.
301-1790-519-6450,which has a proposed balance of $6,263,296,at the time of this request,or
such other funding source(s)as determined by the City Manager to be in the best interest of the
City;and
WHEREAS,the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2.Approval of Proposal and Agreement.The City Commission hereby
approves the Proposal attached hereto as Exhibit “A”and the Agreement in substantially the form
attached hereto as Exhibit “C”,with the Artist for the Entrance Artwork.
Section 3.Authorization.The City Manager is hereby authorized to negotiate and
execute the Agreement with the Artist for the Artwork in substantially the form attached hereto as
Exhibit “C”,subject to the final approval of the City Manager and City Attorney as to form,content,
and legal sufficiency,(i)in an amount not to exceed $45,000,consistent with the Proposal attached
hereto as Exhibit “A”and the Quote attached hereto as Exhibit “B”for the Entrance Artwork.The
City Manager is further authorized to negotiate a proposal with the Artist for the Additional
Artwork,subject to the final approval of the design by the City Commission,and to include the
Additional Artwork in the Agreement.The cost of the Entrance Artwork will be charged $39,955
to Art in Public Places Account No.122-1790-519-3450,which has a proposed balance of $39,995,
and $5,045 to Administrative Services’Contractual Services line item 001-1300-513-3450,with a
current balance of $130,000,at the time of this request,or such other funding source(s)as
determined by the City Manager to be in the best interest of the City The cost of the Additional
Artwork will be charged $34,120 to Account No.301-1790-519-6450,which has a proposed
balance of $6,263,296,at the time of this request,or such other funding source(s)as determined by
the City Manager to be in the best interest of the City.
Page 2 of 3
Resolution No.169-24-16274
Section 4.Implementation.The City Manager is authorized to take any and all
actions necessary to implement the Agreement and the purposes of this Resolution.
Section 5.Corrections.Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the final
resolution for signature.
Section 6.Effective Date.This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 4^day of November.2024.
ATTEST:
yrz •'pec fc.v err/city clerk
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
&BIERMAN,P.L.
CITY ATTORNEY
APPROVED:
MAYOR "'
COMMISSION VOTE:5-0
Mayor Fernandez:Yea
Vice Mayor Bonich:Yea
Commissioner Calle:Yea
Commissioner Liebman:Yea
Commissioner Corey:Yea
Page 3 of 3
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: November 4, 2024
Submitted by: Daniela Cimo
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
PROPOSAL AND AGREEMENT WITH MIJARES ART LLC FOR THE DESIGN AND INSTALLATION OF A
MURAL AT THE SOUTH MIAMI MUNICIPAL PARKING GARAGE LOCATED AT 5829 SW 73RD STREET IN AN
AMOUNT NOT TO EXCEED $45,000; PROVIDING FOR AUTHORIZATION, IMPLEMENTATION,
CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
CC Memo-Alex Mijares Garage Mural Agreement.DOCX
49U676602-Resolution-Parking_Garage_Art_Mural-Alex_Mijares.docx
Exhibit A-Proposal- Garage Mural.docx
Exhibit B-Quote-Mijares Art LLC invoice.docx
Exhibit C-Municipal Parking Garage Mural Agreement_Artist Alex Migares_10-29-24.DOCX
Board Memo- Garage Mural.docx
1
ARTIST AGREEMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
ALEX MIJARES I MIJARES ART LLC
THIS ARTIST AGREEMENT (“Agreement”)is made on October ^f2025 (“Effective
Date”)by and between THE CITY OF SOUTH MIAMI,a Florida municipal corporation,(the
"City"),and ALEX MIJARES,individually and MIJARES ART LLC,a Florida limited liability
company (collectively the “Artist”).The City and Artist are hereinafter collectively referred to as
the “Parties.”
RECITALS
WHEREAS,the City Commission has determined that art in City-owned parking garages
and other public places provides an aesthetic enhancement to the quality of the garage and/or other
public place to the beneficial enjoyment of the community;and
WHEREAS,the Artist has proposed to design,fabricate,and create,donate and install,or
caused to be installed,murals for the City,as further described and depicted in Exhibit “A”(the
“Artwork”),which the City has chosen to display at the entrance to the Municipal Parking Gar-age
located at 5829 SW 73rd St,South Miami,FL 33143 (the “Site”);and
WHEREAS,the City wishes to formally accept the donation based on the conditions set
forth in this Agreement,have the Artist waive any rights under the Visual Artists Rights Act,and
provide the terms of the City’s display of the Artwork at the Site.
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained
herein,the Parties agree as follows:
1.Scope of Services.
1.1.The Artist shall design and install the Artwork depicted in Exhibit “A”at the Site
consistent with the provisions of Exhibit “A”attached hereto (the “Services”),subject to
final ratification by the City Commission of the Artwork.
1.2.The Services shall be produced to the City’s satisfaction.The quality of the complete
Artwork shall meet all applicable industry standards.The City shall have the right to
approve or reject the Artwork or any portion thereof.The display and location of the
Artwork shall be determined in the sole discretion of the City.
2.Term.
City of South Miami,FL Page 1 of 11
2.1.The Artist shall complete the Artwork by no later than June 30,2026 (the “Completion
Date”).
2.2.The term of this Agreement shall be from the Effective Date through the Completion Date,
unless terminated or extended as specified herein.
2.3.Artist agrees that time is of the essence and Artist shall complete the Services within the
term of this Agreement,unless extended by the City Manager.
3.Compensation and Payment.
3.1.The City shall pay the costs associated with completing the Artwork,including the paint
and/or wrap materials,and labor for assistants or apprentices necessary to complete the
installation,in an amount not to exceed $79,160.00 (the “Costs”)as set forth in Exhibit
“B.”Payment shall be made in two installments as follows:
3.1.1.50%deposit upon execution of this Agreement;and
3.1.2.50%balance upon completion and acceptance of the Artwork by the City Manager.
3.2.The Costs shall constitute full compensation from City to Artist for any and all design
services,costs,and expenses related to the Artwork performed under this Agreement.
Artist shall be responsible for payment of any and all taxes due and owing for payment
received under this Agreement.
3.3.Artist shall deliver an invoice to City upon completion of the Artwork detailing the
Services completed and the amount due to Artist under this Agreement.The City shall pay
the Artist in accordance with the Florida Prompt Payment Act after approval and
acceptance of the Services by the City Manager.
4.Subcontractors.
4.1.Metro Signs,Inc.DBA Metro Group Miami (the “Subcontractor”)will be responsible for
the fabrication and installation of the Artwork on behalf of the Artist.The Artist
acknowledges and agrees that,notwithstanding the Subcontractor’s engagement,the Artist
remains fully responsible to the City for the performance of all obligations under this
Agreement,including those performed by the Subcontractor or any other subcontractor,
consultant,or laborer engaged by the Artist.
4.2.The Artist shall ensure that the Subcontractor complies with all applicable provisions of
this Agreement,including the insurance and indemnification requirements set forth in
Sections 10 and 13,and that the Subcontractor maintains,at its sole cost,all required
insurance coverages naming the City and the Artist as Additional Insureds.Certificates of
insurance shall be provided to the City prior to the commencement of fabrication or
installation.
4.3.Artist shall be responsible for all payments to any subcontractors and laborers and shall
maintain responsibility for all work related to the Artwork.Nothing in this Section shall be
construed to relieve the Artist of any liability or obligation under this Agreement.The Artist shall
City of South Miami.FL Page 2 of 11
remain the City’s sole point of contact and shall be fully responsible for the acts and omissions of
the Subcontractor and its employees,agents,or representatives.
4.4.Artist may only utilize the services of a particular subconsultant with the prior written
approval of the City Manager,which approval may be granted or withheld in the City
Manager’s sole and absolute discretion.
5.Donation and Acceptance,The Artist hereby formalizes his donation of the Artwork,and its
legal title,to the City,and the City hereby formalizes its acceptance of the donation of the
Artwork under the terms,qualifications and conditions as set forth in this Agreement.The
Artist certifies that the Artwork is a unique work of art created by the Artist,and is not subject
to third party claims of royalties,or copyright or trademark infringement.The Artist by this
donation has relinquished all legal claim of right to title,royalties,copyright or trademark of
the Artwork.
6.Removal and Relocation.The City retains the right to relocate or permanently remove the
Artwork from public display for any reason,in the sole discretion of the City,including,but
not limited to:hazards to public health,safety or welfare;unsightly or deteriorated conditions
of the Artwork;or the need to access,repair and maintain public facilities.Notwithstanding
the foregoing,the City shall not permanently remove the Artwork from the Site except upon
the approval of the City Commission.For avoidance of doubt,the City may relocate the
Artwork within the Site,or remove the Artwork from the Site temporarily for maintenance,
repair,Site modifications,or any other public purpose,without City Commission approval.
7.Artist and Artist Responsibilities;Representations and Warranties,
7.1.The Artist represents and warrants that all work performed pursuant to this Agreement,
including but not limited to the Artwork,is an original creation and does not infringe upon or
violate any copyrights or other rights of any person,firm,or organization.
7.2.Artist does hereby indemnify and hold the City harmless from and against any and all claims
and liabilities that may arise as a result of any breach of the foregoing representation and
warranty.
7.3.The Artist shall not disseminate publicity or news releases regarding the Artwork without the
prior written approval of the City.Artist may use images of the Artwork for their portfolio
and non-commercial promotional use.
8.Ownership and Intellectual Property Rights,
8.1.Ownership.Title to the Artwork shall pass to the City upon installation of the Artwork at
the Site.
8.2.Copyright.The Artist retains all rights under the Copyright Act of 1976,17 U.S.C.§101
et seq.,and all other intellectual property rights in the Artwork.Ownership of the physical
Artwork does not include ownership of the underlying copyright,which remains
exclusively with the Artist.
Qty of South Miami.FL Page 3 of 11
8.3.City’s Intellectual Property Rights.
8.3.1.Artist grants to City a non-exclusive,perpetual,royalty-free,license to photograph
and reproduce images of the Artwork for non-commercial,civic purposes,including
but not limited to photographic,filmed,or videotaped reproductions created by the
City for advertisement,publicity,exhibition,publication,or other promotional
activities,without any further approval from the Artist,and to authorize third parties
to do the same for the City’s use as contemplated by this Agreement.All reproduction
by the City shall include a credit or attribution to the Artist.The Artist shall not make
any claim to the copyright of the Artwork or transfer in the ownership of the copyright
that conflicts with the City’s irrevocable and perpetual license.
8.3.2.The City shall not use,reproduce,or authorize others to use the Artwork for
merchandise,commercial products,or reproductions intended for sale or profit
without the prior written consent of the Artist and subject to a separate agreement.
Any physical replicas of the Artwork for purposes beyond preservation,maintenance,
or educational exhibition require Artist’s advance written approval.For avoidance of
doubt,the incidental inclusion of the Artwork in a photograph or other media shall
not be construed as a physical replica under this section.
8.3.3.Artist acknowledges and agrees that the process of photographing,digitizing,
printing,and/or reproducing images of the Artwork may require that the image,or
portions thereof,be cropped,resized,or otherwise altered in order to utilize the image
of the original Artwork for any purpose,in the City’s sole discretion.
8.3.4.The Artist authorizes the City to use the Artwork for the purposes set forth in this
Agreement.
8.4.Third Party Infringement.Artist represents and warrants that the Artwork is the sole
work of the Artist and does not infringe the intellectual property rights of any third parties.
The City is not responsible for any third party infringement of Artist’s copyright or for
protecting Artist’s intellectual property rights.Further,Artist agrees to indemnify the City
against any claims brought against City alleging that the Artwork infringes on intellectual
property rights of any third parties.
8.5.Waiver of Artists’Rights,
8.5.1.The parties agree that the Artwork may be considered to be a “work of visual art”
subject to the provisions of the federal Visual Artists Rights Act of 1990 (“VARA”),
specifically the rights of certain authors to attribution and integrity,as codified at 17
U.S.C.§106A(a)and §113(d)(1).Artist understands and agrees that installation of the
Artwork may subject the Artwork to destruction,distortion,mutilation,or other
modification,by reason of its removal or otherwise,and that the City has the absolute
right to remove,repair,or restore the Artwork,in whole or in part,in the City’s sole
discretion pursuant to the terms of this Agreement.
City of South Miami.FL Page 4 of 11
8.5.2.Artist,as author of the Artwork,is authorized to waive the rights conferred by 17
U.S.C.§106A(a)and §113(d)(1),in accordance with the waiver provisions of
§106A(e)(l)and §113(d)(1)(B),and hereby agrees to permanently waive voluntarily
all rights pursuant to such provisions with respect to the Artwork,and any and all
claims as my arise thereunder,or any other local,state foreign or international law,
as currently drafted or as may be hereafter amended,that conveys the same of similar
rights (“Moral Rights Laws”),to prevent any removal of the Artwork that would
cause the destruction,distortion,mutilation,or other modification of the Artwork.
This waiver does not extend to the rights of attribution conferred by 17.U.S.C.
§106A(a)(l)or §106A(a)(2).
8.5.3.The City has the absolute right to remove,repair or restore the Artwork,in whole
or in part,in the City’s sole discretion.Pursuant to the terms of this Agreement The
City will use its best efforts to repair or restore the Artwork in accordance with any
maintenance manual or standards provided by the Artist.With respect to significant
or substantial repairs or restorations,the City will use its best efforts to consult with
the Artist prior to such repair or restoration of the Artwork.Notwithstanding,Artist
specifically waives the right to claim any remedy concerning the modification,repair,
removal,restoration,or alteration of the Artwork or portion thereof.
9.Termination.
9.1.The City Manager,without cause,may terminate this Agreement upon five (5)calendar
days’written notice to the Artist,or immediately with cause.
9.2.Upon receipt of the City’s written Notice of Termination,Artist shall immediately stop
work on the Artwork unless directed otherwise by the City Manager.
9.3.In the event of termination by the City,the Artist shall be paid for all work accepted by
the City Manager up to the date of termination,provided that the Artist has first complied
with the provisions of Paragraph 9.4.
9.4.The Artist shall transfer all books,records,reports,working drafts,documents,maps,and
data pertaining to the Services to the City,in a hard copy and electronic format within
fourteen (14)days from the date of the written notice of termination or the date of
expiration of this Agreement.
10.Insurance.
10.1.Artist shall secure and maintain throughout the duration of this Agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to City,naming the City as Additional Insured,underwritten by a firm rated
A-X or better by A.M.Best and qualified to do business in the State of Florida.The
insurance coverage shall be primary insurance with respect to the City,its officials,
employees,agents,and volunteers naming the City as additional insured.Any insurance
maintained by the City shall be in excess of the Artist’s insurance and shall not contribute
City of South Miami,FL Pages of 11
to the Artist’s insurance.The insurance coverages shall include at a minimum the amounts
set forth in this section and may be increased by the City as it deems necessary or prudent.
10.2.The Artist may satisfy the insurance requirements applicable to fabrication and
installation of the Artwork through insurance maintained by the Subcontractor provided
that:(i)the Subcontractor’s policies meet or exceed the coverage types and limits set forth
below;(ii)the City is named as Additional Insured on such policies;(iii)certificates of
insurance are submitted to and approved by the City prior to commencement of fabrication
or installation of the Artwork;and (iv)the Artist remains fully responsible for compliance
with this Section and for any failure of the Subcontractor to maintain the required
coverage.The Artist shall be deemed to have complied with (iv)in this section if it
provides the City with a written agreement between the Artist and Subcontractor that
requires Subcontractor to provide insurance as provided in this section 10.
10.2.1.Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage.This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property under
the care,custody and control of Artist.The General Aggregate Liability limit and the
Products/Completed Operations Liability Aggregate limit shall be in the amount of
$2,000,000 each.
10.2.2.Workers Compensation and Employer’s Liability insurance,to apply for all
employees for statutory limits as required by applicable State and Federal laws.The
policy(ies)must include Employer’s Liability with minimum limits of $1,000,000.00
for each accident.No employee,subcontractor or agent of the Artist shall be allowed
to provide Services pursuant to this Agreement who is not covered by Worker’s
Compensation insurance.In order for this requirement to be waived,Artist must
provide proof of exemption from such laws.Information regarding eligibility for an
exemption from the State of Florida Workers’Compensation Law is available at:
https://www.mvfloridacfo.com/Division/wc/PublicationsFormsManualsReriorts/Bro
chures/Kev-Coverage-and-Eligibility.pdf.
Exemptions may be applied for online through the Florida Department of Financial
Services,Division of Workers’Compensation at:
https://www.mvfloridacfo.com/Division/wc/Emplover/Exemptions/default.htm.
10.3.Certificate of Insurance.Certificates of Insurance shall be provided to the City,
reflecting the City as Additional Insured (except with respect to Professional Liability
Insurance and Worker’s Compensation Insurance),no later than ten (10)days after award
of this Agreement and prior to the execution of this Agreement by City and prior to
commencing Services.Each certificate shall include no less than (30)thirty-day advance
written notice to City prior to cancellation,termination,or material alteration of said
policies or insurance.The Artist shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of this
Agreement,including any extensions or renewals that may be granted by the City.The
Certificates of Insurance shall not only name the types of policy(ies)provided,but also
City of South Miami,Fl Page 6 of 11
shall refer specifically to this Agreement and shall state that such insurance is as required
by this Agreement.The City reserves the right to inspect and return a certified copy of
such policies,upon written request by the City.If a policy is due to expire prior to the
completion of the Services,renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration.Each policy certificate shall be
endorsed with a provision that not less than thirty (30)calendar days’written notice shall
be provided to the City before any policy or coverage is cancelled or restricted.
Acceptance of the Certificate(s)is subject to approval of the City.
10.4.Additional Insured.Except with respect to Professional Liability Insurance and
Worker’s Compensation Insurance,the City is to be specifically included as an Additional
Insured for the liability of the City resulting from Services performed by or on behalf of
the Artist in performance of this Agreement.The Artist’s insurance,including that
applicable to the City as Additional Insured,shall apply on a primary basis and any other
insurance maintained by the City and shall be in excess of and shall not contribute to the
Artist’s insurance.The Artist’s insurance shall contain a severability of interest provision
providing that,except with respect to the total limits of liability,the insurance shall apply
to each Insured or Additional Insured (for applicable policies)in the same manner as if
separate policies had been issued to each.
10.5.Deductibles.All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City.The Artist shall be responsible for the payment of any
deductible or self-insured retentions in the event of any claim.
10.6.The provisions of this section shall survive termination of this Agreement.
11.Nondiscrimination.Artist represents that in producing the Artwork,it has not discriminated
against any of its employees or applicants for employment because of their race,color,religion,
sex,or national origin,and will abide by all Federal and State laws regarding
nondiscrimination.
12.Attorneys Fees and Waiver of Jury Trial.
12.1.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT,EACH PARTY HEREBY KNOWINGLY,IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
13.Indemnification.
13.1.Artist shall indemnify and hold harmless the City,its officers,agents and
employees,from and against any and all demands,claims,losses,suits,liabilities,causes
of actionjudgment or damages,arising from Artist’s and Artist’s acts,errors,or omissions
arising out of the performance or non-performance of any provision of this Agreement,
including,but not limited to,liabilities arising from contracts between the Artist and third
parties made pursuant to this Agreement.Artist shall reimburse the City for all its
expenses including reasonable attorneys’fees and costs incurred in and about the defense
Qty of South Miami,Fl Page 7 of 11
of any such claim or investigation and for any judgment or damages arising from Artist’s
performance or non-performance of this Agreement
13.2.The Artist’s agreement with the Subcontractor shall expressly:(a)obligate the
Subcontractor to indemnify,defend,and hold harmless the City,its officers,and
employees to the same extent required of the Artist under this Agreement;and (b)identify
the City as an intended third-party beneficiary of that indemnification obligation.The
Artist shall provide the City with a copy of such executed agreement prior to
commencement of the Services.The Artist’s duty to indemnify the City under this
Agreement shall not be limited or affected by the Subcontractor’s failure to provide or
maintain such indemnification or insurance coverage.
13.3.Nothing herein is intended to serve as a waiver of sovereign immunity by the City
nor shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract.The City is subject to
section 768.28,Florida Statutes,as may be amended from time to time.
13.4.The provisions of this section shall survive termination of this Agreement.
14.Notices/Authorized Representatives.Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery,by
registered or certified mail with postage prepaid return receipt requested,or by a private postal
service,addressed to the parties (or their successors)at the addresses listed on the signature
page of this Agreement or such other address as the party may have designated by proper
notice.
15.Governing Law and Venue.This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida.Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County,Florida.
16.Entire Agreement/Modification/Amendment.
16.1.This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations.No representations were made or relied upon by either
party,other than those that are expressly set forth herein.
16.2.No agent,employee,or other representative of either party is empowered to modify
or amend the terms of this Agreement,unless executed with the same formality as this
document.
17.Notice Pursuant to Section 119.070l(2)(a),Florida Statutes.IF THE
CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR’S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS:
City of South Miami,FL Page 8 of 11
Nkenga “Nikki”Payne,CMC,FCRM,City Clerk,6130 Sunset Drive,First
Floor,South Miami,FL 33143,305-663-6340,npavne@southmiamifl.gov.
18.Severability,If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable,the remainder of this Agreement shall not be affected thereby,and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
19.Independent Contractor.The Artist and its employees,volunteers and agents shall be and
remain an independent contractor and not an agent or employee of the City with respect to all
of the acts and services performed by and under the terms of this Agreement.This Agreement
shall not in any way be construed to create a partnership,association or any other kind of joint
undertaking,enterprise or venture between the parties.
20.Compliance with Laws.The Artist shall comply with all applicable laws,ordinances,rules,
regulations,and lawful orders of public authorities in carrying out this Agreement.
21.Waiver.The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement
shall be construed as a waiver of the violation or breach,or of any future violation,breach or
wrongful conduct.
22.State Required Affidavits,By entering into this Agreement,the Consultant agrees to review
and comply with the following state affidavit requirements:
22.1.Public Entity Crimes Affidavit.Consultant shall comply with Section 287.133,
Florida Statutes (Public Entity Crimes Statute),notification of which is hereby
incorporated herein by reference,including execution of any required affidavit.
22.2.Scrutinized Companies.Consultant certifies that it is not on the Scrutinized
Companies that Boycott Israel List or engaged in a boycott of Israel.Pursuant to section
287.135,Florida Statues,the City may immediately terminate this Agreement at its sole
option if the Consultant is found to have submitted a false certification;or if the Consultant
is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.If this Agreement is for more than one million
dollars,the Consultant certifies that it is also not on the Scrutinized Companies with
Activities in Sudan,Scrutinized Companies with Activities in the Iran Terrorism Sectors
List,Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged with business operations in Cuba or Syria as identified in Section 287.135,
Florida Statutes.Pursuant to Section 287.135,Florida Statutes,the City may immediately
terminate this Agreement at its sole option if the Consultant is found to have submitted a
false certification;or if the Consultant is placed on the Scrutinized Companies with
Activities in Sudan List,Scrutinized Companies with Activities in the Iran Terrorism
Sectors List,Scrutinized Companies with Activities in Iran Petroleum Energy Sector List,
or engaged with business operations in Cuba or Syria during the term of the Agreement.
City of South Miami,FL Page 9 of 11
22.3.E-Verify Affidavit.In accordance with Section 448.095,Florida Statutes,the City
requires all contractors doing business with the City to register with and use the E-Verify
system to verify the work authorization status of all newly hired employees.The City will
not enter into a contract unless each party to the contract registers with and uses the E-
Verify system.The contracting entity must provide of its proof of enrollment in E-Verify.
For instructions on how to provide proof of the contracting entity’s
participation/enrollment in E-Verify,please visit:httDs://www.e-verifv.gov/faq/how-do-
i-Drovide-Droof-of-mv-DarticiDationenrollment-in-e-verifv.By entering into this
Agreement,the Consultant acknowledges that it has read Section 448.095,Florida
Statutes;will comply with the E-Verify requirements imposed by Section 448.095,Florida
Statutes,including but not limited to obtaining E-Verify affidavits from subcontractors;
and has executed the required affidavit attached hereto and incorporated herein.
22.4.Noncoercive Conduct Affidavit.Pursuant to Section 787.06,Florida Statutes,a
nongovernmental entity executing,renewing,or extending a contract with a governmental
entity is required to provide an affidavit,signed by an officer or a representative of the
nongovernmental entity under penalty of perjury,attesting that the nongovernmental
entity does not use coercion for labor or services as defined in Section 787.06(2)(a),
Florida Statutes.By entering into this Agreement,the Consultant acknowledges that it has
read Section 787.06,Florida Statutes,and will comply with the requirements therein,and
has executed the required affidavit attached hereto and incorporated herein.
22.5.Prohibition on Contracting with Entities of Foreign Concern.Pursuant to
Section 287.138,Florida Statutes (which is expressly incorporated herein by reference),a
governmental entity may not knowingly enter into a contract with an entity which would
give access to an individual’s personal identifying information if (a)the entity is owned
by the 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.By entering
into this Agreement,the Consultant acknowledges that it has read Section 287.138,Florida
Statutes,and complies with the requirements therein,and has executed the required
affidavit attached hereto and incorporated herein.
23.Counterparts.This Agreement may be executed in several counterparts,each of which shall
be deemed an original and such counterparts shall constitute one and the same instrument.
[THIS SPACE LEFT INTENTIONALLY BLANK]
Qty of South Miami,FL Page 10 of 11
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the
day and year as first stated above.
THE CIT F SOUTH MIAMI
By:
Genaro “Chip”Iglesias
City Manager
ALEX MIJARES
Attest:
Approved as to form and legal sufficiency:
By:
Nken^a VNikki”Payne,CMC,FCRM
City (fie
P.L.
City Attorney
Addresses for Notice:
City of South Miami
Attn:City Manager
6130 Sunset Drive,First Floor
South Miami,FL 33143
305-668-2510 (telephone)
chip@southmiamifl.gov (email)
With a copy to:
Weiss Serota Helfman Cole &Bierman,
P.L.
Attn:City of South Miami Attorney
2800 Ponce de Leon Boulevard,Suite 1200
Coral Gables,FL 33134
larango@wsh-law.com (email)
MIJARES ART LLC
Addresses for Notice:
5205 NW 161 STREET
MIAMI FL 33014
With a copy to:
5205 NW 161 STREET
MIAMIFL 33014
City of South Miami,FL Page 11 of 11
E-VERIFY AFFIDAVIT
In accordance with Section 448.095,Florida Statutes,the City requires all contractors doing business with
the City to register with and use the E-Verify system to verify the work authorization status of all newly
hired employees.The City will not enter into a contract unless each party to the contract registers with
and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify.For instructions on how to
provide proof of the contracting entity’s participation/enrollment in E-Verify,please visit:https://www.e-
verifv.gov/faa/how-do-i-provide-proof-of-mv-participationenrollment-in-e-verifv
By signing below,the contracting entity acknowledges that it has read Section 448.095,Florida Statutes
and will comply with the E-Verify requirements imposed by it,including but not limited to obtaining E-
Verify affidavits from subcontractors.
Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit
In the presence of:
Witness #1 Print Name:
Witness #2 Print Name:
Signed^dec^^by^
Print Name:
Title:
Entity Name:
State of Florida
County
ACKNOWLEDGMENT
The foregoing instrument was acknowledged before me by means of B'physical presence or online
notarization,this day of odot-y",20 Li .by
(name of person)as Cf o (type of authority)for
(name of party on behalf of whom instrument is executed).
y Personally known to me;or
Produced identification (Type of Identification:
Did take an oath;or
Did not take an oath
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E-Verify Affidavit
AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH
ENTITIES OF FOREIGN COUNTRIES OF CONCERN
Pursuant to Section 287.138,Florida Statutes (which is expressly incorporated herein by reference),a
governmental entity may not knowingly enter into a contract with an entity which would give access to an
individual’s personal identifying information if (a)the entity is owned by ethe 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.
This affidavit must be completed by an officer or representative of an entity submitting a bid,proposal,or
reply to,or entering into,renewing,or extending,a contract with a governmental entity which would
grant the entity access to an individual’s personal identifying information.
1.(“entity”)does not meet any of
the criteria in paragraphs (2)(a)-(c)of Section 287.138,F.S.
In the presence of:
Witness #1 Print Name:
Witness #2 Print Name:
Under penalties of perjury,Ideclare that I
have read the foregoing and the facts stated
in it are true:
OATH OR AFFIRMATION
State of Florida .
County of Kiy-t \*%
s#:hH 566866 :«=
Sworn to (or affirmed)and subscribed before me by means of B'physical presence or oi5i^Snotarization,this XX day of ,20^.by
(name of person)as °(type of authority)for
(name of party on behalf of whom instrument is executed).«hi no''''*
.Personally known to me;or
Produced identification (Type of Identification:
Did take an oath;or
Did not take an oath
Noncoercive Conduct for Labor or Services Affidavit
AFFIDAVIT ATTESTING TO
NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Effective July 1,2024,Section 787.06,Florida Statutes,a nongovernmental entity executing,renewing,
or extending a contract with a governmental entity is required to provide an affidavit,signed by an officer
or a representative of the nongovernmental entity under penalty of perjury,attesting that the
nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a),
Florida Statutes.
By signing below,I hereby affirm under penalty of perjury that:
1.I have read Section 787.06,Florida Statutes,and understand that this affidavit is provided in compliance
with the requirement that,upon execution,renewal,or extension of a contract between a
nongovernmental entity and a governmental entity,the nongovernmental entity must attest to the
absence of coercion in labor or services.
2.I am an officer or representative of ,a nongovernmental entity.
3.does not use coercion for labor or services as defined in the relevant
section of the law.
In the presence of:
Witness #1 Print Name:
Witness #2 Print Name:
Under penalties of perjury,I declare that I
have read the foregoing and the facts stated
State of Florida
County of
OATH OR AFFIRMATION
Sworn to (or affirmed)and subscribed before me by means of ^physical presence or
notarization,this Xx day of 20 'Ll .
(name of person)as &(type of authority)for
(name of party on behalf of whom instrument is executed).
CommisAibned
J
Notary I^ujMic (P/int,Stamp,or Ty$e
Personally known to me;or
Produced identification (Type of Identification:
Did take an oath;or
Did not take an oath
Noncoercive Conduct for Labor or Services Affidavit
EXHIBITA
PROPOSAL
EXHIBITS
ARTWORK DEPICTION
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE:November 4, 2024 City Commission Meeting
SUBJECT:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, APPROVING A PROPOSAL FROM ALEX MIJARES
AND AGREEMENT WITH MIJARES ART LLC FOR THE DESIGN AND
INSTALLATION OF A MURAL AT THE SOUTH MIAMI MUNICIPAL
PARKING GARAGE LOCATED AT 5829 SW 73RD STREET IN AN
AMOUNT NOT TO EXCEED $45,000;PROVIDING FOR
AUTHORIZATION, IMPLEMENTATION, CORRECTIONS, AND AN
EFFECTIVE DATE.
The accompanying Resolution was prepared and placed on the agenda at the
request of Commissioner Liebman.
2
South'*’Miami
THE CITY OF PLEASANT LIVING
Proposal: Mijares
6
7
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:Genaro “Chip” Iglesias, City Manager
FROM:Samantha Fraga-Lopez, Deputy City Manager
DATE:March 12, 2024
SUBJECT:Town Center Advisory Board: South Miami Municipal Parking Garage Mural
(Mijares)
RECOMMENDATION:
Move forward with mural on the entrance of the City’s Municipal parking garage.
BACKGROUND:
At the direction of the Mayor and Commission, Artist, Alex Mijares, was introduced to the Town
Center Advisory Board. He presented a proposed mural (green version, attached) for the
entrance of the South Miami Municipal Parking Garage. The Board recommended allowing Mr.
Mijares to move forward with a mural on the garage entrance and requested that the City identify
additional possible locations for art within the Town Center. The Board approved of the attached
proposal but were not opposed to alternate options. The Board also suggested the possibility of
rotating the mural to feature different pieces of art and local artists, so the garage becomes a
“destination” for artists and visitors alike.
Cost was not discussed in detail with the Board. However, Mr. Mijares advised that one of the
most expensive components of the project would be the rental of a lift. Board Member Alex Vadia
offered two (2) lifts that are currently available from Sunset Place with the stipulation that the
City complete any necessary insurance and liability paperwork.
ATTACHMENTS:
Mural example
Project cost breakdown as submitted by Mr. Mijares
23
South'*’Miami
THE CITY OF PLEASANT LIVING