HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-061Temp. Reso. #13951
May 24, 2023
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - O6-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
AND AUTHORIZING ARTIST MICHAEL PARKER
DESIGN AND THE EXECUTION OF AN
AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF TAMARAC AND LOADWICK PARKER
ENTERPRISES, LLC, ATTACHED HERETO AS
EXHIBIT "A" AND INCORPORATED HEREIN, TO
PROVIDE FOR A CONTRACT INCREASE OF
$45,000 FOR A TOTAL NOT TO EXCEED
CONTRACT VALUE OF $145,000 TO PROVIDE
FOR THE FABRICATION AND INSTALLATION OF A
SOCIAL JUSTICE ARTWORK AT THE TAMARAC
VILLAGE PARK LOCATED AT 9090 NW 57T"
STREET, TAMARAC; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to encourage and promote public
art within the City; and
WHEREAS, the City is infusing public art into the Tamarac Village Park
with the creation and installation of a Justice Wall artwork; and
WHEREAS, on September 9, 2021, The City Commission gained
consensus on an overall conceptual design created by Artist Michael Parker for
the proposed wall at the Tamarac Village Park; and
WHEREAS; on September 22, 2021 The City Commission approved R-
2021-113 awarding a contract and approving the design of Michael Parker, d/b/a
Loadwick Parker Enterprises, LLC. at a contract value of $100,000, and
WHEREAS, due to delays attributed to and associated with the COVID-19
pandemic the cost of equipment and materials, including metal and paint, has
increased; and
Temp. Reso. #13951
May 24, 2023
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WHEREAS, in order to achieve a high -quality artwork in an expedited
manner and include the increased cost in equipment and materials, the budget
would need to be increased; and
WHEREAS, Agreement Amendment #1 to the Contract, increases the
contract value by $45,000 for a total contract value of $145,000; and
WHEREAS, the Directors of Community Development and Public Services
and the Public Art Committee recommend that the City Commission approve
Agreement Amendment #1 and authorize the appropriate City Officials to execute
same with Loadwick Parker Enterprises, LLC; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve and authorize the execution of Agreement Amendment #1 with Loadwick
Parker Enterprises, LLC, attached hereto as Exhibit "A" and incorporated herein,
for a contract price of $145,000;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORID&
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
Temp. Reso. #13951
May 24, 2023
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SECTION 2: The Amendment is hereby approved, and the appropriate
City officials are authorized to execute Agreement Amendment #1 with Loadwick
Parker Enterprises, LLC. for a contract price of $145,000, copy of said Agreement
is attached hereto as Exhibit "A".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
"THIS REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK"
Temp. Reso. #13951
May 24, 2023
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PASSED, ADOPTED AND APPROVED this �'q day of M#!J 2023.
ATTEST:
KIMBERL DILLON, CMC
CITY CLERK
/t/ld—A
MICHELLE J. GOM Z, kz
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
V/M BOLTON
DIST 2:
COMM. WRIGHT, JR.
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
.,F.
HPA*, P
ATTORNEYCITY
TAMARAC
The City For Your Life
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
AND
LOADWICK PARKER ENTERPRISE, LLC
The CITY OF TAMARAC a municipal corporation with principal offices located at
7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Loadwick Parker Enterprise,
LLC, a Florida Limited Liability Company with principal offices located at 911 Ornelda St.
SW, Ruskin, FL 33570 referred to herein as (Artist), agree to amend the original
Agreement to provide for an a Social Justice Public Art Wall Mural to be located at the
Tamarac Village at 9090 N.W. 57th Street, Tamarac FL 33321.
1. Amend Section 2.2 "Commencement of Work & Project Schedule" to read as follows: *
2.2 Commencement of Work & Project Schedule
2.2.1 Upon execution of this Agreement and issuance of a written Notice to Proceed by
City, which shall be issued upon approval and acceptance of the final Design Proposal by
the City, consistent with the requirements of this Agreement, and upon the Artist's receipt of
the first installment payment from the City in accordance with this Agreement.
2.2.2 Project Work Schedule:
Work shall be completed within ' year from the date that a Nef 6e to or,,, eed , ssu on
an expedited time schedule for completion between early August 2023 and mid -
September, 2023.
2. Amend Section 4 "Contract Sum AND Funding" to read as follows:
4) Contract Sum AND Funding
4.1 The City agrees to pay Artist a fixed sum not to exceed One Hundred Forty -Five
Thousand dollars and no cents ($100L000) (145,000) for work completed under this
Agreement which shall include Artwork cost consisting of design development consultation
professional fees, labor, materials, fabrication and Installation in the amount of One Hundred
Thirty -Five Thousand dollars and no cents ($135 000) plus an additional Ten Thousand
Dollars and no cents ($10, 000) for an expedited timeline to meet the schedule delineated in
amended Section 2.2.2 herein.
3. Amend Section 5 "Payments" to read as follows:
5) Payments
TAMARAC
The City For Your Life
Payment shall be paid in the following installments, expressed as percentages of the fixed
price, each installment to represent full and final payment for all services and material
provided to payment thereof.
5.1 25% 18.5% ($25,000.00) due upon Contract Signing and Notice to Proceed as
approved by the City's Administrative Agent, and upon the Artist's submission of a properly
completed invoice to the City.
5.2 25% ($33, 750.00) due upon 100% of completed design as approved by
the City's Administrative Agent subject to the Artist's submission to the City of proof of
completion of this task, and upon the Artist's submission of a properly completed invoice to
the City.
5.3 25% ($33,750.00) due upon 50% of completed fabrication as approved
by the City's Administrative Agent subject to the Artist's submission to the City of proof of
completion of this task, and upon the Artist's submission of a properly completed invoice to
the City.
5.4 4.5% 17.6% ($-1&,008,00) ($23,750.00) due upon 100% of completed fabrication as
approved by the City's Administrative Agent subject to the Artist's submission to the City of
proof of completion of this task, and upon the Artist's submission of a properly completed
invoice to the City.
5.5 1" 13.9% ($18,750.00) due within 15 days of acceptance of installed
work as approved by the City's Administrative Agent subject to the Artist's submission to the
City of proof of completion of this task, and upon the Artist's submission of a properly
completed invoice to the City.
5.6 ($10000.00) to be paid at the time of execution of Agreement Amendment #1 to provide
for an expedited timeline as detailed in amended Section 2.2.2 herein.
5_7 The City reserves the right to review and inspect all work incorporated into the project,
and shall only pay for work approved by the City. This provision shall be subject to any
additions and deductions by subsequent change order provided in the contract documents.
All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part
VII, Chapter 218.
4. Scrutinized Companies Certification: Contractor reaffirms compliance with the following
requirement included as Section 12 of the Artist's Agreement as required by Florida law:
12. Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and
F. S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
TAMARAC
The City For Your Life
has Contractor been engaged in business operations in Syria. Subject to limited
exceptions provided in state law, the City will not contract for the provision of goods or
services with any scrutinized company referred to above. Submitting a false certification
shall be deemed a material breach of contract. The City shall provide notice, in writing, to
Contractor of the City's determination concerning the false certification. Contractor shall
have five (5) days from receipt of notice to refute the false certification allegation. If such
false certification is discovered during the active contract term, Contractor shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate that
the determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error then the
City shall have the right to terminate the contract and seek civil remedies pursuant to
Section 287.135, Florida Statutes, as amended from time to time.
5. E-Verify Certification: Artist reaffirms compliance with the following requirement included
in Section 13 of the Contractor's Agreement as required by Florida law:
13) E-Verify
As a condition precedent to entering into this Agreement, and in compliance with Section
448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees hired after January 1, 2021.
Contractor shall require each of its subcontractors to provide Contractor with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of
and pursuant to the records retention requirements of this Agreement. City, Contractor, or
any subcontractor/subconsultant who has a good faith belief that a person or entity with which
it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this
section shall terminate the contract with the person or entity. City, upon good faith belief that
a subcontractor knowingly violated the provisions of this section; but Contractor otherwise
complied, shall promptly notify Contractor and Contractor shall immediately terminate the
contract with the subcontractor. An agreement or contract terminated under the provisions of
this section is not a breach of contract and may not be considered such. Any agreement or
contract termination under the provisions of this section may be challenged pursuant to
Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this
Agreement by the City for a violation of this section by Contractor, Contractor may not be
awarded a public contract for at least one (1) year. Contractor further acknowledges that
Contractor is liable for any additional costs incurred by the City as a result of termination of
any contract for a violation of this section. Contractor or subcontractor shall insert in any
subcontracts the clauses set forth in this section; requiring the subcontractors to include these
clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in this section.
All other portions of the original Agreement are in effect as written.
Note: words and numbers deleted from the Agreement shall be denoted as a strikpaut, and words and numbers added to the
Agreement shall be denoted by being underlined.
TAMARAC
,
The City For Your Life
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and ARTIST, signing by and through its Manager duly
authorized to execute same.
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ATT'• S�p,L • ��:
Kim erly D41d,' CiVM
City Clerk
0 l-101 1 2.-a23
Date
ATTEST:
Signature of Corporate Secretary
Corporate Secretary
(CORPORATE SEAL)
CITY OF TAMARAC
Michelle J. Gomez, Mayor
9-4 I D�*417
X
L6,*nt Sucuoglu; City Manager
Date
App7ed a orm and legal sufficiency:
Haa s Ottinot -
Date
Loadwick Parker Enterprise, LLC
Company Name
Artist
Michael Parker, Manager XI-T 1141 L PM )Lle r.
Printed Name of Artist
51 /- 123
Date
TAMARAC
The City For Your Life
CORPORATE ACKNOWLEDGEMENT
STATE OF FLLB l P R
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Michael Parker, Manager of Loadwick Parker Enterprise, LLC, a Florida Limited Liability
Company, to me known to be the person(s) described in and who executed the foregoing
instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of M ej� I bA 1 2093.
PAOLAFERGUSON
G�� Notary Public, State of Florida
Commission# HH 316561
My comm. expires Sept. 26, 2026
`Signature�f �dtary Public
State of lorida at Large
aOc%_ p_v sc4'l
Print, -Type or Stamp
Name of Notary Public
A. ❑ B. Personally known to
me or
C. [' D. Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.