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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 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4 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. = U • � PgL�SFE :ES Ag6303 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.