HomeMy WebLinkAboutCity of Tamarac Resolution R-2024-010Temp. Reso. #14079
January 24, 2024
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2024 - 010
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE PUBLIC
ART CONCEPT AND PROPOSAL BY ARTIST AUSTIN
WEISHEL AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
AUSTIN WEISHEL D/B/A HONORABLE SCULPTURES,
LLC, ATTACHED HERETO AS EXHIBIT "B" AND
INCORPORATED HEREIN, TO PROVIDE FOR THE
FABRICATION AND INSTALLATION OF A SCULPTURE
ON THE FIRE STATION #15 PROPERTY, LOCATED AT
6000 N. HIATUS ROAD, 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 implementing a significant sculpture public art installation
on the Fire Station #15 property, located at 6000 N Hiatus Rd., Tamarac; and
WHEREAS, the City issued a National Call to Artists entitled "Tamarac Fire Station
#15" to create a permanent sculpture on the Fire Station #15 property, attached hereto
as Exhibit "A" and incorporated herein; and
WHEREAS, on March 21, 2023, the highest three (3) ranked entrants out of a total
of twelve (12) were invited to make presentations to the Public Art Committee in order to
provide additional information and display maquettes of their proposed work; and
WHEREAS, The Public Art Committee sitting as the selection committee submitted
three (3) finalists to the City Commission at the April 24, 2023 City Commission
Workshop; and
Temp. Reso. #14079
January 24, 2024
Page 2 of 4
WHEREAS, on November 6, 2023, The City Commission expressed consensus
on Austin Weishel's design of the sculpture at Fire Station #15; and
WHEREAS, the Public Art Committee and Austin Weishel have agreed upon a
contract price of one hundred thirty-five thousand dollars ($135,000) for the project; and
WHEREAS, the Director of Community Development and the Public Art Committee
recommend that the appropriate City Officials execute an Agreement with Austin Weishel;
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 the
public art concept and proposal by Austin Weishel, attached hereto as Exhibit "C" and
incorporated herein, to be placed on the Fire Station #15 property located at 6000 N
Hiatus Rd. for a contract price of one hundred thirty-five thousand dollars ($135,000); a
copy of said Agreement is included herein as Exhibit "B" attached hereto, incorporated
herein, and made a specific part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
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. #14079
January 24, 2024
Page 3 of 4
SECTION 2: It is hereby found and determined that the approval of the public art
concept and proposal by Austin Weishel will be in the best interest of the City of Tamarac
and the residents and businesses located within the described area.
SECTION 3: The appropriate City officials are hereby authorized to execute an
Agreement with Austin Weishel for a contract price of one hundred thirty-five thousand
dollars ($135,000), a copy of said Agreement is attached hereto as Exhibit "B".
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: 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 & This Resolution shall become effective immediately upon its passage
and adoption.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Temp. Reso. #14079
January 24, 2024
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PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC,
FL0RIDA THIS o Vo'� DAY OF J-P4-L-kAIz
ATTEST:
2024.
kiZ 10Z
MICHELLE J. GOME
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: V/M WRIGHT
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL `'1
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THIS CITY OF TAMARAC ONLY.
- .Q.lk
HANS OTTINOT
CITY ATTORNEY
EXHIBIT "A"
TAMARAC
The City For Your Life
TAtiIARAC REQUEST FOR PROPOSAL
NAME: Tamarac Fire Station #15
LOCATION: 6000 N. Hiatus Road, Tamarac, FI
DUE DATE OF APPLICATION: Tuesday, January 3,2023
PROJECT BUDGET: $135,000
ARTWORK DESCRIPTION, SCHEDULE AND BUDGET
Public Art Project Description
The City of Tamarac, Florida is seeking to commission an artist or artist team to create an artwork of
significant size and quality to be located at Fire Station #15, located at 6000 N. Hiatus Road ,Tamarac, FI
33321. This artwork will pay tribute to 50 years of service provided by Tamarac firefighters and their
heroic acts of valor to the community. The artwork should reflect the spirit of Tamarac nd be impactful to
pedestrians and passerby traffic both day and night at this high traffic roadway. Three artists will be
selected as semi-finalists to develop and present design proposals. Each will receive a $1,500
stipend. The winning artist will be awarded a $135,000 contract and will be responsible for the creation
and installation of the final work. The design must be approved by the city commission.
Deadline for Application:
Qualities of Artwork
The artwork should be durable and require minimal ongoing maintenance. South Florida has a sub -tropical
climate and is hot and humid with an intense sun and seasonal heavy rain. Problems with rust and fading
should be avoided.
Shortlist/Second Selection
Each semi- finalist will receive a $1500 stipend to provide a full proposal. The final Artist will be
selected from these requirements.
Please submit the following:
1 Current resume 2 page maximum
2.10 images of past projects that support your work and relate to this project
3. Annotated image list
All items become the property of the City of Tamarac
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TAMARAC
The City For Your Life
TAMARAC REOUEST FOR PROPOSAL
Questions:
All questions must be submitted to: maxine.calloway(a)tamarac.org AND
gadsonravitz(a-)gmail.com
Website for City of Tamarac: http://www.tamarac.org/
Project Schedule (Subject to Change)
• Artist Applications Due: Tuesday, January 3, 2023
Notification: (Dates are tentative and subject to change)
• City Commission Approval: TBD
• Artwork Permitting/Installed: TBD
• Opening Ceremony: TBD
Selection Process
The Tamarac Public Art Committee manages the application process and will review the proposals.
Criteria for Selecting Proposals
All artists must meet the guidelines of the program.
1. Artistic merit of concept.
2. Style and Appropriateness: The artwork should depict a clever approach to the iconic reference
of a fire station such as the Maltese cross as part of your inspiration. You can choose to include
other symbols such as a fire hose or any other images that are universally understood relating to
fire stations.
3. Technical Considerations and Feasibility: Including the artist's artistic history and experience in
completing public art projects within the timeline and budget, as well as the sustainability of the
project.
4. Safety and Maintenance: Artwork should be durable, meet the requirements of insurance policies
and be resistant to theft and/or vandalism. Materials should require minimal periodic maintenance
and be readily available if conservation or restoration is necessary.
Page 2 of 6
TAMARAC
The City For Your Life
TAivIARAC REQUEST FOR PROPOSAL
Insurance Requirements
The following are required types and minimum limits of insurance coverage, which the Artist agrees to
maintain during the term of this contract:
Insurance Requirements
Line of Business/ Coverage
Occurrence
Aggregate
Limits
Commercial General Liability Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
$1,000,000
$1,000,000
Products/Completed Operation
Broad Form Property Damage
Cross Liability and Severability of
Interest Clause
Automobile Liability
$1,000,000.00
$1,000,000.00
Workers' Compensation &
Employer's Liability
Statutory
The City reserves the right to require higher limits depending upon the scope of work under this Agreement.
Neither Artist nor any subcontractor shall commence work under this contract until they have obtained all
insurance required under this section and have supplied the City with evidence of such coverage in the
form of an insurance certificate and endorsement. The Artist will ensure that all subcontractors will comply
with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do
business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days'
notice prior to cancellation.
The Artist's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional
insured". The Artist's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The
Bidder shall be responsible for the payment of all deductibles and self -insured retentions.
The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -
insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must
provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000
per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability
insurance.
In the event that Artist is self-employed, and/or has fewer than three (3) employees, Artist may be eligible
for an exemption from the requirement to carry statutory Workers' Compensation & Employer's Liability
coverage. Exemptions for Workers' Compensation coverage must be issued by the State of Florida
Division of Workers' Compensation. Information about applying for a Florida Workers' Compensation
Exemption may be found at
Page 3 of 6
TAMARAC
,00"�,, %.00
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
http://www.myfloridacfo.com/division/wc/Emplover/Exemptions/default.htm#.V3POcE32aUk, or by calling
(850) 413-1609.
Tamarac Public Art Committee
Brian Zambrano, Chair
Tobey Archer, Vice Chair
Brian Zambrano, Vice Chair
Sandy Hill
Sandy Ehrlich
Alexandra Hernandez
Public Art Administrators
George Gadson and Beth Ravitz, Managing Partners
Gadson & Ravitz, LLC
The Community: Tamarac, Florida
Tamarac is a unique city that has been built through a strong and dedicated community spirit, good land
use planning and prudent management of municipal resources. Since its incorporation in 1963, Tamarac
has prospered and grown into a full -service city. Tamarac is 12 square miles located in central Broward
County. The approximate population of the City is 60,000. The City of Tamarac constantly strives to meet
the needs and improve the health, welfare and safety of its residents. Tamarac prides itself on being a
government that is responsive to its residents and is "Committed to Excellence.... Always."
The City of Tamarac reserves the right to reject any submission which fails to provide all information requested, is
submitted on forms not provided by the City or its representatives or fails to meet the objectives of the Public Art
Board, as non -responsive.
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TAMARAC
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
Page 6 of 6
TAMARA
The City For Your Life
City of Tamarac Ptirchasinrg & Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
HONORABLE SCULPTURES, LLC
THIS EEMENT is made and entered into this 4f1day of W
a°�, 2023; by and between the City of Tamarac, a municipal corporation with principal
offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Honorable
Sculptures, LLC, a Colorado Limited Liability Corporation with principal offices located at
1238 W. 81h Street, Loveland, Colorado 80537, referred to herein as (Artist) to provide a
Sculpture to be placed at Tamarac Fire Station #15 located at 6000 N. Hiatus Road,
Tamarac, FL 33321.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
R
The contract documents shall consist of this Agreement, and Artists proposal
tentatively titled "Ascending Victory", received by City on January 3, 2023, incorporated
herein by reference; and all modifications issued after execution of this Agreement. These
documents form the Agreement, and all are as fully a part of the Agreement as if attached
to this Agreement or repeated therein. In the event of a conflict between this document
and any other contract documents, this Agreement shall prevail followed in precedence
by this Agreement, followed in order by Artist's response to Call for Artist.
2) The Work
2.1. The Artist shall perform the following Scope of Work under this Agreement
as set forth below:
2.1.1 As used in this Agreement, unless the context otherwise requires:
"Work" means the work of art consisting of creation and / or
installation of a Sculpture to be placed at Fire Stations #15, 6000
Hiatus Road, Tamarac, FL 33321. The artwork will pay tribute to 50
years of service provided by Tamarac firefighters and ttiir heroic
acts of valor to the community. The artwork will reflect the spirit of
Tamarac and be impactful to pedestrians and passerby traffic both
day and night at this high traffic roadway.
2.1.2 The artwork shall be durable and require minimal ongoing
maintenance. South Florida has a sub -tropical climate and is hot and
humid with an intense sun and seasonal heavy rain. Problems with
fading should be avoided. Artist to provide a list of materials to be
used prior to commencing work on the project.
TAMARAC
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City of Tamarac Purchasing & Contiacts Division
2.1.3 The Artist and/or its authorized agents and representatives shall
perform all services and furnish all supplies, material and equipment
as necessary for the design and fabrication of the Work by the Artist
and its transportation and delivery, and installation at the Site
consistent with the final Design Proposal as approved by the Owner,
including but not limited to for the required insurance coverages,
supplies, materials, small tools, and equipment.
2.1.4 Meetings and Marketing: The Artist shall be responsible for the
following related to meetings and marketing requirements:
2.1.4.1 As may be required, be available for meetings with
the Public Art Committee or the City Commission to discuss
aspects of the artwork. Such meetings may be attended �n
person or virtually.
2.1.4.2 Artist to provide professional photos of the sculpture
for publication and marketing purposes.
2.1.5 The Artist shall determine the artistic expression, scope, design,
color, material, and texture of the Work as set forth in the Design
Proposal subject to review and written acceptance by the Owner on
a timely basis as set forth in this Agreement. The size shall be
determined by City and Artist prior of commencement of work.
2.1.6 The Artist shall at the Artist's sole expense obtain any ..and all
required licenses, permits and approvals required with respect to the
fabrication and its obligations for installation of the finishE4 Work at
the Site.
2.1.7 The City shall provide the Artist with copies of all pertinent
information relating to any and all applicable state, county or city
ordinances, statutes, codes, regulations, and/or requirements
referenced in this Agreement on a timely basis as may be required.
2.1.8 It is understood and agreed that immediately upon execution of this
Agreement, the City shall appoint in writing an individual to .serve as
the City's authorized representative for purposes of administering
this Agreement, and that the City's authorized representative shall
be the primary contact for such purposes. It is expressly agreed that
the Artist also may discuss the Work or its requirements with various
departme its of the City but any approvals required under this
Agreement must be obtained in writing from the City or its authorized
representative. Email constitutes writing for such purposes.
2.1.9 Address of Artwork:
The Artwork will be located at Tamarac Fire Station #1 F 6000 N.
TAMARAC
The City For Your Life
City of Tamarac Purrhasiog & Conti -acts Division
Hiatus Road, Tamarac, FL 33321.
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 1 year from the date that a Notice to
Proceed is issued.
2.3 Fabrication
2.3.1 The Artist shall complete the design, fabrication, transpoAration and
installation of the Work in conformity with the final Design Proposal
as approved by the City.
2.3.2 Design development and modifications with drawings and/or models
sufficient to secure the approval of the Public Art Committee and the
City Commission.
2.3.3 Any material changes proposed by the Artist in the scope, design,
color, size, material or texture of the Work as depicted in the Design
Proposal shall be presented to the City for approval in writing prior to
implementation. A change shall be deemed "material" if it alters the
form, fit or function of the Work. Any such change shall be evidenced
by the execution of a written amendment or change order to this
Agreement signed by both parties.
2.3.4 Once the Work has been fabricated, the Artist shall submit a report
to the City, accompanied by photographs, slides, or other acceptable
documentation substantiating that the fabrication of the Work has
been completed in accordance with the Design Proposal. v
2.4 Installation
2.4.1 The Artist is responsible for the transportation, delivery, off -truck
loading of the artwork at the designated site, and installation of the
Work.
2.4.2 The Artist shall make arrangements for access to the Site for delivery
(if applicable) and installation of the Work with the City or its
authorized representative.
TAMARAC
The City For Your life
Cify ref Tamarac Purchasing & Coot refs Division
2.4.3 The Artist shall be responsible for all expenses, labor and equipment
incurred in connection with delivery of the Work and for Site
preparation and installation of the Work.
2.4.4 The Artist shall exercise commercially reasonable efforts to limit
installation operations to the Site unless otherwise approved by the
City or its authorized representative. 11
2.4.5 Artist shall utilize commercially acceptable methods to mitain and
anchor the artwork and the work site during installation in a safe and
secure manner, in order to protect against injury and vandalism. In
the event of a predicted storm event, Artist shall take all necessary
precautions to remove any loose materials at the job site within a
period of twenty-four (24) hours prior to any such predicted storm
event.
2.4.6 The Artist shall insure that the Site is clean, free of dust, construction
debris, and trash during installation, and at other times when directed
by the City. At all times while finish work is being accomplished, the
Artist shall insure that the Site is clean, free of dust, construction
debris and trash. Directly upon completion of the Work, the Artist
shall remove from the Site all of their respective equipment and any
waste materials not previously disposed of, leaving the Site clean
and ready for the City's final inspection.
2.4.7 Delivery and installation of the Work shall be in conformance with all
applicable federal, state, county, and municipal laws, including any
applicable health, safety, and fire regulations.
2.5 Post -Installation
2.5.1 Except as set forth below, the risk of destruction or damage to the
Work or any part thereof shall be borne by the Artist until written
acceptance of the Work. Accordingly, except as set forth herein, the
Artist shall at its sole cost and expense, repair and restore damage
to any portion of the Work until written acceptance of the Work by the
City. Notwithstanding the foregoing, after delivery of the Work to the
Site and during installation and until final acceptance of theWork by
the City as installed, under no circumstances shall the Artist be
responsible for the cost of repair for any damage caused by job -site
contractors or subcontractors hired by the City or otherwise not under
the Artist's contractual control or supervision or in the event of
vandalism or natural disasters resulting in damage to the Work or at
the Site.
2.5.2 Upon installation of the Work, the Artist shall provide and submit all
information on the Work as may be requested by the City for its files,
including but not limited to technical and maintenance iormation
TAMARAC
The City For Your life 41
City of Tamamc 6"lowbasing & Cooiracts € ivision
including any "As Built" drawings, photographs, plans, all required
warranties as may be applicable, for use in maintaining and repairing
the Work, information regarding copyright of the Work by the Artist,
updated biographical information, and a statement regarding the
Work.
2.6 Artist's Representations to the City
2.6.1 The Artist represents and warrants to the City that the fabrication and
installation of the Work will be performed in a workmanlike manner
and that the Work will be free of defects in workmanship or materials
consisten` with the final Design Proposal and plans approved by the
City and that the Artist will, at the Artist's own expense, remedy any
defects due to faulty workmanship or materials that arise within a
period of three years from the Completion Date and the date the
Work is finally accepted by the City or five days after the Completion
Date, whichever shall first occur. Any and all such repair shall be
completed by the Artist in a proper, workmanlike manner lonsistent
with the Technical and Maintenance Record. This warranty does
not apply to damage to the Work that may be caused by hurricane or
high winds that result in the Work being struck by matter or materials.
2.6.2 Warranties provided to the Artist by the sub -contractors, if any, shall
be for at least one year from the date of final acceptance by the City.
All warranties related to the Work performed by sub -contractors
under this Agreement are hereby incorporated by reference and are
considered to define the extent and limitations of warranties
extended by the Artist to the City.
2.6.3 The Artist represents and warrants to the City that the Work is solely
the result of the artistic efforts of the Artist and that it will be installed
free and clear of any liens, claims or other encumbrances of any type
from any source whatsoever.
2.6.4 The personal skill, judgment and creativity of the Artist are essential
elements of this Agreement. Therefore, although the parties
recognize that the Artist may employ qualified personnii to work
under the Artist's supervision, the Artist shall not assign, transfer or
subcontract the creative and artistic portions of the Work to a person
other than the Artist without the prior written consent of the City's
authorized representative.
2.6.5 The Artist represents and warrants to the City that the Work will be -a
unique placement and the artistic expressions included in the Work
do not infringe upon any copyright. The Artist will not execute or
authorize another to execute a duplicate Work consisting of a mural
of the exact same design and dimensions as the Work for placement
TAMARAC
The city For Your Lift
City of Tamarac Purc asiog & Contr,:.)cts Division
anywhere in the State of Florida. For the purposes of this warranty,
if the dimensions of another artwork exceed 75% of the dimensions
of the commissioned Work, the other artwork shall be deemed to be
of the same dimensions as the commissioned Work. This warranty
shall continue in effect for a period consisting of the life of the Artist
plus 50 years and shall be binding on the Artist's heirs and assigns.
2.6.6 The Artist agrees that the Artist or other's acting on be" plf of the
Artist will not make reference to or reproduce the Wo K, or any
portion thereof, in a way which reflects discredit on the Owner or the
Work.
2.7 City's Responsibilities
2.7.1 Upon request by the Artist, the City shall furnish the Artist, at no cost
to the Artist, the following information or services, provided however
that the City does not guarantee the accuracy of information,provided
and assumes no liability therefore:
As applicable to the project, one (1) copy of all available data
pertinent to the Work, and information relative to code requirements,
policies, Standards, criteria, and studies relating to the Work.
However, the Artist shall be responsible for searching the records
and requesting the information required.
2.7.2 The City shall promptly examine all materials and information
submitted by the Artist to the City for approval and acceptance and
shall take all actions and render all decisions promptlto avoid
unreasonable delay in the progress and acceptance of the Design
Proposal, and the Artist's Work. The City shall keep the Artist
advised concerning the progress of the City's review of any and all
materials and information submitted by the Artist to the City and of
the Work. Response by the City to the Artist's written request for
decisions shall be made as soon as possible but in any event within
the timeframes mandated by this Agreement.
2.7.3 The City shall pay the Artist on a timely basis in accordance with the
Local Government Prompt Payment Act, Section 218.70, Fla. Stat,
et. seq, and the terms and conditions of this Agreement and shall not
modify, repair or use the Work or the Artist's name in any manner
that reflects discredit on the Work or on the name of the Artist or on
the reputation of the Artist.
2.7.4 In view of the parties' intention that the Work shall constitute the
artistic expression of the Artist and that all right, title and interest in
and to any and all intellectual property associated with the Work shall
not make and shall not permit any third party to make, any SJditional,
F
TAMARAC
It
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City of T,,.v?),amc P oP?;flr`tsing Confaw is Divisioo
exact duplicate two or three-dimensional reproductions of the final
Work, including but not limited to any sculptures, drawings, paintings,
photographs or other images except with the written permission of
the Artist. Notwithstanding the foregoing, the City may make and
use two-dimensional reproductions of the Work with proper
attribution to the Artist and the Artist for non-commercial publicity
purposes to promote the Work as set forth herein.
2.8 Repair and Restoration
Except as otherwise set forth in this Agreement, maintenance of the Work
after installation of the Work at the Site and the City's written acceptance of
the Work shall be the responsibility of the City. The City shall maintain the
Work and/or make minor or emergency repairs without the Artist's approval
or consultation, provided such work is performed in accordance with
recognized principles of conservation as determined by the Artist. It will be
policy of the City to consult with the Artist regarding repairs and restoration
which are undertaken during the Artist's lifetime when that is practicable
only when such work does not comply with the maintenance guidelines
provided by the Artist. To facilitate consultation, the Artist will notify the City
of any change in the Artist's permanent address. If the Artist is unable or
unwilling to perform any necessary repairs or restoration, the City will cause
to have such work performed at the City's own expense in accordance with
the Artist's specifications for maintenance and repair contained in the
Technical and Mechanical Record" to be provided by Artist to City prior to
final completion of the project.
2.9 Removal or Restoration
Notwithstanding any provision of law, the parties agree that removal,
destruction or revocation of the Work may occur. While it is the City's intent
to permanently retain and publicly display the Work it has acquired through
the Public Art program, circumstances may arise that would make it prudent
for the City to remove the Work from public display. The Artist hereby
acknowledges that the Work when installed, will be incorporated within and
made a part of the Site in such a way that removing the Work from the Site,
or destruction or modification of "Site" may cause the destructiontdistortion
or mutilation, of the Work. The Artist hereby acknowledges that the Work,
when installed, will be the property of the City. The Artist therefore agrees
that the City shall have absolute right incidental to its ownership of the Site
and the Work to remove, relocate, replace, transport, transfer, sell, or store
the Work, (such actions being referred to herein as "Removal"), or to
destroy, (such actions being referred to herein as "Destructions"), the Work
at such times as the City shall deem necessary in order to exercise its
powers and responsibilities with respect to the Site. The City shall notify
the Artist in writing no less than 90 days in advance of such removal. In the
event of any damage whatsoever to the Work, the Artist reserves the right
T.
The City For Your Life
City of Tamarac Pan.hasing & Contracts Division
to withdraw attrihution of the Work to the Artist.
2.10 Public Hazard
In the event that the Owner determines that the Work presents an imminent
hazard to the public, the City may authorize the removal of the Work without
approval of the Artist. The Artist shall be notified within thirty (?) days of
such action, and the City shall then consider options for the final disposition,
repair, reinstallation, maintenance or deaccession of the Work. In the event
of any damage whatsoever to the Work or deaccession of the Work, the
Artist reserves the right to withdraw attribution of the Work to the Artist.
2.11 Traffic Control and Working Hours
Pricing provided by Artist under this Agreement shall include all costs
relating to the maintenance of pedestrian traffic during installation including
any and all safety equipment necessary, including but not limited to
barricades, signage, traffic markings, arrow boards, etc.
3) Intellectual Property Rights and Ownership
3.1 Unless otherwise expressly agreed to in writing by the City, ownership of all
art acquired through expending funds in the public art fund shall be vested
in the City, which shall obtain title to each work of art. Additionally, all
Engineering Drawings, photographs, shop drawings, plans, materials and
specifications shall become the property of the City upon comp14reement.
tion of the
project, and shall be delivered to City prior to completion of the
Artist shall provide a waiver of rights. Title to the Work shall pass to the City
upon written notice to the Artist of final acceptance of the Work after
installation at the Site.
3.2 It is expressly understood and agreed that the Artist retains: (1) all right, title
and interest in all intellectual property associated with the Work, including
but not limited to all rights to the design of the Work, all rights to all
copyrights with respect to the Work under the Copyright Act of 1976, 17
U.S.C. & 101, et seq., as amended by the Visual Artists Rights Act of 1990,
and any successor act, and all moral rights; and (3) all rights expressly
granted in this Agreement.
3.3 The Artist hereb,r grants the City the sole and exclusive right to display the
Work, and two-dimensional reproductions of the Work, and upon the prior
consent of the Artist, which consent shall not be unreasonably withheld, to
loan the Work and such reproductions to others with authority to display it
publicly with proper attribution to the Artist. Except for those rights retained
as provided herein, the Artist agrees that the Artist shall not undertake any
public display of the Work in a three dimensional form. Is
TAMARAC it
The City For Your Life
City of T am,,wa Pury ha.. ing & C�r�r�tmct , Division
_----...... _ ._._..._ - ........
- —
3.4 With the Artist's prior, written consent, the Artist hereby authorizes the City
to make, and to authorize the making of, photographs and other two-
dimensional reproductions of the Work for educational, public relations, arts
promotional, non-commercial purposes. For the purposes of this
Agreement, the following are among those deemed to be reproductions for
non-commercial purposes- brochures and pamphlets pertaining to,the City;
reproduction in exhibition catalogues, books, slides, photographs and in
news sections of newspapers; in general books and magazines not
primarily devoted to art but of an educational nature; electronic media and
television from stations operated for educational purposes. On any and all
such reproductions, the City shall place a copyright notice in the form and
manner required to protect the copyright in the Work under the United
States copyright law, the Berne Convention and any and all copyright
international conventions as may be enacted and/or amended from time to
time.
3.5 All references to the Work and all reproductions of the Work shahredit the
Work to the Artist unless the Artist makes a specific written request to not
include the Artist as part of the credit.
3.6 The Artist agrees that all formal references to the Work and noncommercial
reproductions of the Work under the Artist's control shall include the
following credit line- "A Public Art Commissioned for the City of Tamarac,
Florida."
3.7 The Artist also shall be available at such time or times as may be agreed
between the City and the Artist to attend inauguration or presentation
ceremonies relating to the final installation of the Work and the transfer of
title to the Work to the City. The City shall use its best efforts to arrange for
publicity for the ;ompleted Work in such art publications and otherwise as
may be determined between the City and the Artist as soon as practicable
following installation.
3.8 The Artist may, as part of this Agreement, be requested by the City with
reasonable advance notice to discuss the Work with the general public
and/or press/media representatives in special meetings schedu4d for this
purpose. Scheduling of all such requests shall take into account the Artist's
schedules and commitments and may occur as agreed by the parties in
writing. The Artist shall be entitled to be reimbursed by the City for travel
and expenses for such events in accordance with the City's standard travel
policies and procedures. In addition, the Artist hereby consents to allow the
City and/or its agents to photograph, record or videotape the Artist relating
to the performance of the Artwork.
4) Contract Sum AND Funding
4.1 The City agrees to pay Artist a fixed sum not to exceed One Hundred
Thirty -Five Thousand dollars and no cents ($135,000) for work
TAMARAC
The City For Your Life
City of Tamarac Purrht -)sing & Conliach Division
completed under this Agreement which shall include Artwork cost consisting
of design development, consultation, professional fees, labor, materials,
fabrication and Installation.
5) Payments
Payment shall be paid in the following installments, expressed as perc&tages of
the fixed price, each installment to represent full and final payment for all services and
material provided to payment thereof.
5.1 Payment 1: ($41,500.00) due within five (5) days 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 Payment 2: ($41,500.00) due once the sculpture is approved in clay 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 Payment 3: ($42,000,00) due once the sculpture is cast in bronze, and due
before coloring and shipping of sculpture 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 Payment 4: ($10,000,00) due once the sculpture is installed at the location
as approved by the City's Administrative Agent subject to t, IN., 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 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.
6) Independent Contractor
6.1 This Agreement does not create an employee/employer relationship
between the Parties. It is the intent of the Parties that the Artist is an
independent cortractor under this Agreement and not the City's employee
for any purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the
State Worker's Compensation Act, and the State Unemployment Insurance
law. The Artist shall retain sole and absolute discretion in the ju, ment of
the manner and means of carrying out Artist's activities and responsibilities
hereunder provided, further that administrative procedures applicable to
f0
T.AMARAC
The City For Your Life
City of Tamarac Purchasing & Conti;acls Division
services rendered under this Agreement shall be those of Artist, which
policies of Artist shall not conflict with City, State, or United States policies,
rules or regulations relating to the use of Artist's funds provided for herein.
The Artist agrees that it is a separate and independent enterprise from the
City, that it had full opportunity to find other business, that it has made its
own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as
creating any joint employment relationship between the Artist and the City
and the City will not be liable for any obligation incurred by Artist, including
but not limited to unpaid minimum wages and/or overtime premiums.
6.2 The Artist, it's employees, subcontractors, volunteers and agents shall be
and remain independent contractors and not agents or employees of CITY
with respect to the acts and services performed by and under the terms of
this Agreement. This Agreement shall not in any way be construed to create
an employer/employee relationship, a partnership association, jo4,kt venture
or undertaking between the parties.
6.3 Neither the Artist nor any of its employees, subcontractors, volunteers or
agents shall receive or be entitled to any benefits afforded to CITY
employees.
6.4 The Artist acknowledges that they: i) maintain a separate business with their
own work facility, truck, equipment, materials, or similar accommodations;
ii) hold or have applied for a federal employer identification number, unless
they are a sole proprietor who is not required to obtain a federal employer
identification number under state or federal regulations; iii) perform work or
are available to perform work for any entity in addition to or besides the
CITY at their own election without the necessity of completing an
employment ap,)lication or process; receive compensation for work or
services rendered on a competitive bid basis or completion of a task or a
set of tasks as defined by this contractual agreement.
7) Insurance and Indemnification
7.1 Artist's & Installation Firm's Insurance
Prior to commencement of any work pursuant to this Agreement, both the Artist
and any Installation firm subcontracted by the Artist shall obtain at Artist's / Sub-
contractor's expense all necessary insurance in such form and amount as required
by the City's Risk & Safety Officer before beginning work under this Agreement.
Artist shall maintain such insurance in full force and effect during the life of this
Agreement. Artist shall provide to the City's Risk & Safety Officer certificates of all
insurance required under this section prior to beginning any work under this
Agreement. Artist shall indemnify and save the City harmless from any damage or
injury resulting from the failure of either Artist or any subcontractor to obtain or
maintain such insurance.
TAMARAC
The City For Your Life
City (_ Tanmirtac Ptrr h asing & Contr�:.)&, Division
The following are required types and minimum limits of insurance coverage, which
the Artist agrees to maintain during the term of this contract:
Line of Business/ Coverage
Commercial General Liability
Including:
Limits
Occurrence & Aggregate
$1,000,000
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability (if utilizing a vehicle) $1,000,000
Workers' Compensation & Statutory
Employer's Liability
0
If the Artist has no employees as defined by Florida Statutes and Regulations, the
Artist will be required to submit a signed letter so stating, to the City. In addition,
Artist shall be responsible for providing a copy of Artist's Certificate of Election to be
Exempt from Florida's Workers' Compensation Law from the State of Florida Division
of Workers' Compensation.
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Artist nor any subcontractor shall commence work under this contract until
they have obtained all insurance required under this section and have supplied the
City with evidence of such coverage in the form of an insurance certificate and
endorsement. The Artist will ensure that all subcontractors will comply with the
above guidelines and will maintain the necessary coverage throughout the term of
this Agreement. Subcontractors shall name the Artist and City as additional
insureds-, and shall produce appropriate certificates of insurance to be placed on
file with the City.
All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide
and be licensed to do business in Florida. Policies shall be "Occurrence" form.
Each carrier will give the City sixty (60) days notice prior to cancellation.
The Artist's liability insurance policies shall be endorsed to add the City of Tamarac
as an additional insured. The Installation Sub -contractor (if applicable) shall name
the City of Tamarac and the Artist as Additional Insureds. The Artist'. Worker's
Compensation carrier will provide a Waiver of Subrogation to the City he Artist
shall be responsible for the payment of all deductibles and self -insured retentions.
12
D
TAMA AC
The city For Your Life
City of Tamarac Pirchasing & Contta<cts Division
The City may require that the Artist purchase a bond to cover the full amount of
the deductible or self -insured retention. If the Artist is to provide professional
services under this Agreement, the Artist must provide the City with evidence of
Professional Liability insurance with, at a minimum, a limit of $1,000;000 per
occurrence and in the aggregate. "Claims -Made" forms are acceptable for
Professional Liability insurance.
7.2. Indemnification
7.2.1 The Artist shall indemnify and hold harmless the City their elected
and appointed officials, employees, and agents from any and all
claims, suits, actions, damages, liability, and expenses (including
attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or oturring in
connection with the operations of the Artist or its officers, employees,
agents, subcontractors, or independent Contractors, excepting only
such loss of life, bodily or personal injury, or property damage solely
attributable to the gross negligence or willful misconduct of the City
or its elected or appointed officials and employees. The above
provisions shall survive the termination of this Agreement and shall
pertain to any occurrence during the term of this Agreement, even
though the claim may be made after the termination hereof.
7.2.2 Upon completion of all Services, obligations and duties provided for
in this Agreement, or in the event of termination of this Agreement
for any reason, the terms and conditions of this Article shall survive
indefinitely.
7.2.3 The Artist shall pay and/or defend all claims, losses, liens, settlements
or judgments of any nature whatsoever in connection with the
foregoing indemnifications including, but not limited to, reasonable
attorney's fees (including appellate attorney's fees) and costs.,,,
7.2.4 The City and Artist recognize that various provisions of this P greement,
including but not limited to this Section, provide for indemnification by
the Artist and requires a specific consideration be given there for. The
Parties therefore agree that the sum of Ten Dollars and 00/100
($10.00), receipt of which is hereby acknowledged, is the specific
consideration for such indemnities, and the providing of such
indemnities is deemed to be part of the specifications with respect to
the services to be provided by Artist. Furthermore, the City and Artist
understand and agree that the covenants and representations relating
to this indemnification provision shall serve the term of this Agreement
and continue in full force and effect as to the City's and the Artist's
responsibility to indemnify.
i. City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
93
r
■
AMARA
The City For Your Life
of Trim a€<ac Purehasioa & C ontmcts Divfsir�n
therewith shall be the responsibility of Artist under the indemnification
agreement.
ii. Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law 'fir Florida
Statutes 768.28, as amended from time to time.
8) Non -Discrimination & Equal Opportunity
The Artist is an equal opportunity employer and shall not discriminate against any
employee or applicant for employment because of race, color, sex including pregnancy,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability. The Artist will take affirmative
action to ensure that employees are treated during employment, without regard to their
race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability.
Such actions must include, but not be limited to, the following: employment, promotion,
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The Artist shall agree to post in conspicuous places, available to employees and
applicants for employment, appropriate legal notices as required by law.
The City is an equal opportunity employer and shall not discriminate against any
employee or applicant for employment because of race, color, sex including pregnancy,
religion, age, national origin, marital status, political affiliation, familial stat, sexual
orientation, gender identity and expression, or disability. The City will take affirmative
action to ensure that employees are treated during employment, without regard to their
race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
The City shall agree to post in conspicuous places, available to employees and applicants
for employment, appropriate legal notices as required by law.
9) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
14
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts division
With a copy to City Attorney at the same address:
ARTIST
Honorable Sculptures, LLC
1338 W. 8th Street
Loveland, Colorado 80537
Attn: Austin Weishel
Telephone: (970) 231-8077
info(a-)austinweishel.com
10) Termination
10.1 Termination for Convenience: This Agreement may be terminlld by the
City for convenience, upon seven (7) days of written notice by � ie City to
the Artist for such termination in which event the Artist shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Artist abandons this
Agreement or causes it to be terminated, Artist shall indemnify the city
against loss pertaining to this termination. I.
10.2 Default by Artist: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Artist neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt by Artist of written notice
of such neglect or failure.
10.3 Termination Due to Cancellation of the Project: This Agreement may be
terminated by the City if the City Commission fails to fund the cost of this
Agreement pursuant to Article 16 "Agreement Subject to Funding" of this
Agreement, of if the City Commission fails to approve the art project to
create which this Agreement will support.
11) Public Records '
11.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
11.1.1 Keep and maintain public records required by the City in order
to perform the service;
11.1.2 Upon request from the City's custodian of public.. records,
provide the public agency with a copy of the requested records
or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
11.1.3 Ensure that public records that are exempt or confidential and
15
TAIMARAC
They City For Your Life
ify of Tamarac Purchasing Division
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the
contract term and following completion of the contact if the
contractor does not transfer the records to the City.
11.1.4 Upon completion of the contract, transfer, at no cost to the City,
all public records in possession of the Contractor, or keep and
maintain public records required by the City to perform the
service. If the Contractor transfers all public records to the City
upon completion of the contract, the Artist shall destroy any
duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the
Artist keeps and maintains public records upon completion of
the contract, the Artist shall meet all applicable requirements
for retaining public records. All records stored electronically
must be provided to the City, upon request from the City's
custodian of public records in a format that is compatible with
the information technology systems of the City.
11.2 During the term of the contract, the Artist shall maintain all books, reports and
records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records
and reports shall be subject to the approval of the City's Auditor.The Artist
agrees to make available to the City's Auditor, during normal business hours
and in Broward, Dade or Palm Beach Counties, all books of account, reports
and records relating to this contract.
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 has Contractor been engaged in
business operations in Syria. Subject to limited exceptions provided in state law,
the City will not contras; 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 Ating 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.
TAMARAC
The City For Yom i_ f€
of Tamarac Pon hasina & C'=ontiacts Division
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 Atity. 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.
14) Uncontrollable Forces
14.1 Neither the City nor Artist shall be considered to be in defa It of this
Agreement if delays in or failure of performance shall 1 due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term "Uncontrollable
Forces" shall mean any event which results in the prevention or delay of
performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is
not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, r;ot,
civil disturbance, sabotage, and governmental actions.
14.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the exercise
of reasonable diligence, prevented, removed, or remedied with reasonable
dispatch. The nonperforming party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give
City of Tamarac Purchasing & Contracts [Division
written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of
this Agreement.
15) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement and is subject to termination based on lack of funding.
16) Venue and Jurisdiction
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. By execution of this Agreement, Artist agrees to be subject to
the jurisdiction of the State of Florida for the express purpose of the resolution of
any disputes arising from this Agreement. The venue for actions arising out of this
agreement is fixed in Broward County, Florida.
17) Signatory Authority
The Artist shall provide the City with copies of requisite documentation evidencing
that the signatory for Artist has the authority to enter into this Agreement.
18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof
or affecting the validity or enforceability of such provisions in any other jurisdiction.
The non -enforcement of any provision by either party shall not constitute a waivgr
of that provision nor shall it affect the enforceability of that provision or of the
remainder of this Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Artist and the City,
and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Artist and the City.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement, results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no leg& or other
presumptions against the party drafting this Agreement concerning its
construction, interpretation or otherwise accrue to the benefit of any party to the
Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or
Ff.]
T.AWARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
involving this Agreement.
21) PUBLIC RECORDS CUSTODIAN
IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, IT IS THE ARTIST'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK(@TAMARAC.ORG
4
J.
19
t
TRAMARAC
The City For Your Life
� { T�Jr7 araf. Flurchasing & Contiacts Division
-- ---
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 through its Principal, duly authorized to execute
same.
'VA MA
Al
Al
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ATTES`f",RO CO��
'11f111111%1\```
Kimberly Dil n, C
City Clerk
6so`20 ?-(A,
Date
ATTEST:
tk 14
CITY OF TAMARAC
Michelle J. Gomez
Mayor
a(f'/ g!D ;�L'
Leveht Sucuoglu —
City Manager
\ / 2ej- 2.Ct
Date:
Approved as to form and legal sufficiency:
_(C)"' .-_ [�. J
Hans Ottinot City Attorney
Ida 3/aq
Date
HONORABLE SCULPTURES, LLC
Signature of Artist
Austin Weishel
Printed Name of Artist
/G - /,� Y2-,,)Z 3
Date
2f
TAMARAC
,���
The City For Your Life
_ City of Tamarac Purchasing & Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I F'EREBY 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
Austin Weishel, Principal of Honorable Sculptures, LLC, a Colorado Limited Liability
Corporation, 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 s,me.
WITNESS my hand and official seal this. day of j L 4 '1)e(Q,yYt, 9' , 2022!.
KASSIE M MILLER
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20164021741
MY COMMISSION EXPIRES JUN 8, 2024
c
Signature of Notary Public
State of v k�
tarad
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑� DID take a.oath, or
❑ DID NOT take an oath.
21
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