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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-141Temp. Reso. #13200 October 9, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 - 1411 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND CYNTHIA FISHER D/B/A BIG BANG MOSAICS ATTACHED HERETO AS EXHIBIT "1" AND INCORPORATED HEREIN, TO PROVIDE A MOSAIC WORK OF ART TO BE PLACED IN THE TAMARAC VILLAGE PARK LOCATED AT 9090 AND 9100 NW 57T" STREET, TAMARAC, IN THE AMOUNT OF $150,000; PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE nATF 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 project with the creation and installation of a mosaic tile mural as the backdrop of the amphitheater and the splash pad flooring in the Tamarac Village Park; and WHEREAS, On May 23, 2018, the City Commission approved Resolution R2018-56, accepting an Art of Community Grant Award from the Community Foundation of Broward, Inc. for the City's "Metamorphosis: A Community Transformation" project, which features a mosaic tile mural on the amphitheater and splash pad flooring at Tamarac Village Park in the amount of Seventy -Five Thousand ($75,000.00) Dollars with a City match of an additional Seventy -Five Thousand ($75,000.00) Dollars, a copy of said Award is included herein as Exhibit "2" (attached hereto, incorporated herein, and made a specific part thereof).; and WHEREAS, the City of Tamarac submitted Cynthia Fisher as the selected mosaic Artist, as a part of the formal grant application process and proposal made Temp. Reso. #13200 October 9, 2018 Page 2 to the Community Foundation of Broward, based on her experience and work designing mosaic art; and WHEREAS, Section 6-148(a)(5) of the City of Tamarac Code of Ordinances excludes Artistic Services or Works of Art from the bid and proposal requirements, thereby allowing the Public Art Committee to select Cynthia Fisher directly; and WHEREAS, in accordance with Section 5-305(b)(3) of the City of Tamarac Code of Ordinances, the Public Art Committee recommends that Cynthia Fisher be selected to fabricate, deliver and install the mosaic work of art, to be located within the Tamarac Village Park at Tamarac Village; and WHEREAS, Cynthia Fisher has agreed upon a contract price of $150,000 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 Cynthia Fisher D/B/A Big Bang Mosaics; 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 Agreement with Cynthia Fisher, attached hereto as Exhibit "1" and incorporated herein, for a contract price of $150,000; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #13200 October 9, 2018 Page 3 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. SECTION 2- The appropriate City officials are hereby authorized to execute an Agreement with Cynthia Fisher D/B/A Big Bang Mosaics for a contract price of $150,000, a copy of said Agreement is attached hereto as Exhibit 1 ". 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. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK Temp. Reso. #13200 October 9, 2018 Page 4 '2 PASSED, ADOPTED AND APPROVED this 0 � day of 2018. 1 ATTEST: PATRICIA TEUFELICMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY H Y DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4- COMM. PLACKO t�eia-11 1 1 City of Tamarac Purchasing & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND CYNTHIA FISHER D/B/A BIG BANG MOSAICS Oe&,Xl THIS AGREEMENT is made and entered into thisat'�day of , 2018, 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 Cynthia Fisher, an individual, doing business as Big Bang Mosaics, with principal offices located at 15 Forgette Road, Charlemonte, Massachusetts referred to herein as (Artist) to provide for a mosaic tile mural on the back of the amphitheater wall located at 9090 NW 57th Avenue, Tamarac, Florida, and at an interactive water/playground park located at 9100 NW 57th Street, Tamarac, FL 33321 for the project known as the Metamorphosis Community Transformation". Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, and Artists response incorporated as a part of Community Foundation of Broward County, Inc. Grant Agreement #20170733 "Metamorphosis: A Community Transformation" dated June 13, 2018, included herein as Exhibit "A", 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 Exhibit "A". 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 two (2) mosaic art pieces, the first using tile to cover the appropriate and pre -determined sections of the back of the amphitheater wall, as agreed by City and Artist prior to the commencement of work; and the second in a separate location using tile to create a children's interactive water/playground park "splash pad", with both works located in the City's new downtown, "Tamarac Village". The artwork will be specifically created to form a new Sense of Place and community gathering place for Tamarac. Public festivals, celebrations and events which will take 'the �r't�br Yt�ar City of Tamarac Purchasing & Contracts Division place at this location for people of all ages. Artist shall be responsible to travel to Tamarac to facilitate a visioning workshop with residents to gather information from them of subject matter they would like to see in the artwork. Upon completion of this meeting, Artist shall return to Artist's studio and develop a presentation of Artist's ideas to be presented to the Public Art Committee (PAC), and the community. Upon development of the presentation there will be a period of public comment, where the PAC, the community and the City's Public Art Consultant, Gadson & Ravitz, and representatives of the City will recommend any changes to be made to the project. Two additional meetings shall be provided for via video conference, if necessary between the Artist and the community. Upon completion of the comment period, Artist shall develop a final Design Proposal, which shall serve as the basis for developing the project, as well as for the development of any and all Engineering Drawings, and shall require final approval by the City. The back wall of the amphitheater, and in another location the children's splash pad, will act as a canvas to create a dynamic and colorful ceramic and glass tile wall mosaic mural that addresses the diversity, and the metamorphosis that depict the City of Tamarac. What was once a retirement community has now gone through a metamorphosis to transform the community into a diversified place to live, work and play. A mosaic mural created from different shapes sizes and colors of tile representing the diversity of Tamarac. 2.1.2 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 (if required) to and installation at the Site consistent with the final Design Proposal and Engineering Drawings as approved by the Owner, including but not limited to payment for insurance, supplies, materials, small tools, and equipment. 2.1.3 The Artist shall determine the artistic expression, scope, design, color, material, and texture of the Work as set forth in the Design Proposal and Engineering Drawings 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. 2.1.4 The Artist shall at the Artist's sole expense obtain all licenses, permits and approvals required with respect to the fabrication and its obligations for installation of the finished Work at the Site. City of Tamarac Purchasing & Contracts Division 2.1.5 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. 2.1.6 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 departments 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. 2.1.7 Artist shall appoint an authorized representative for administering the Agreement on behalf of the Artist and shall be the City's primary contact for obtaining any and all necessary approvals from the Artist. All approvals required must be authorized in writing by the Artist or its authorized representative. Email constitutes writing for such purposes. 2.1.8 Address of Artwork: The Artwork will be completed at the Tamarac Village site. The Amphitheater project will be located at 9090 NW 57th Street, Tamarac, Florida 33321, and the Interactive Water/Playground Park will be located at 9011 NW 57th St., 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. 2.3 Fabrication 2.3.1 The Artist shall complete the design, fabrication, transportation and installation of the Work in conformity with the final Design Proposal as approved by the City 2.3.2 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 City of Tamarac Purchasing & Contracts Division 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. 2.3.3 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. 2.4 Installation 2.4.1 The Artist is responsible for the delivery and/or installation of the Work. 2.4.2 The Artist shall make arrangements for access to the Site for delivery and installation of the Work with the City or its authorized representative. 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. 2.4.5 Artist shall utilize commercially acceptable methods to maintain 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. City of Tamarac Purchasing & Contracts Division 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 the Work 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 information 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 consistent 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 consistent with the Technical and Maintenance Record. 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 5 1�eCt�e�arlt�kRe' City of Tamarac Purchasing & Contracts Division 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 personnel 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 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 behalf of the Artist will not make reference to or reproduce the Work, 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. 0 1AMARAC: : City of Tamarac Purchasing & Contracts Division 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 promptly to 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 additional, 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 City of Tamarac Purchasing & Contracts Division 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 relocation 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 destruction, distortion 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 to withdraw attribution 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 (30) 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 including any and all safety equipment necessary, including but not limited to barricades, signage, traffic markings, arrow boards, etc. Alternatively, the Artist may provide a lump sum cost to cover all aspects of required maintenance of pedestrian traffic. 0 City of Tamarac Purchasing & Contracts Division 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 completion of the project, and shall be delivered to City prior to completion of the Agreement. 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 hereby 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. 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 shall credit the Work to the Artist unless the Artist makes a specific written request to not include the Artist as part of the credit. ,?ho G'�ty`l�ci'Ybeu''Lffi City of Tamarac Purchasing & Contracts Division 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 completed 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 scheduled 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. 4) Contract Sum AND Funding 4.1 The City agrees to pay Artist a fixed sum not to exceed One Hundred Fifty Thousand dollars and no cents ($150,000) for work completed under this Agreement which shall include Artwork cost consisting of design development, consultation, professional fees, labor, materials, fabrication and Installation. 4.2 This project is partially funded in the amount of Seventy -Five Thousand Dollars and no Cents ($75,000.00) through Grant Number 20170733 dated June 13, 2018, issued by the Art of Community Grant Program administered by the Community Foundation of Broward County, Inc.. The City has agreed to provide matching funding in the amount of Seventy -Five Thousand Dollars and no Cents ($75,000.00) for a total contract value of a sum not to exceed One Hundred Fifty Thousand dollars and no cents ($150,000). A copy of the Grant Agreement requirements for this grant'are included herein as Exhibit "A" herein. 5) Payments 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% ($37,500.00) upon Notice to Proceed by the City's Administrative Agent and the Artist's submission to the City of any executed contracts and upon the Artist's submission of a properly completed invoice to the City. 10 1AMARAC 'Khe Citjr`�or Yap' iE�' City of Tamarac Purchasing & Contracts Division 5.2 35% ($52,500.00) at fifty percent (50%) completion of the project upon proof of attaining 50% completion by the City's Administrative Agent and upon the Artist's submission of a properly completed invoice to the City. Estimated time: Approximately eight (8) months of project commencement. 5.3 30% ($45,000.00) when all tile laid on mesh with adhesive on top and ready to ship to Tamarac upon proof of attaining this requirement by the City's Administrative Agent and upon the Artist's submission of a properly completed invoice to the City. Estimated time: Approximately five (5) months from the completion of Task 5.2 above. 5.4 10% ($15,000.00) after installation, completion and approval of the project, upon proof of final project completion by the Administrative Agent and the Artist's submission of proof of completion and all documents to be provided by Artist upon completion, and upon the Artist's submission of properly completed invoice to the City. 5.5 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 contractor 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 judgment of the manner and means of carrying out Artist's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Artist, which policies of Artist shall not conflictwith 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. 11 T raaty+fW *40 U(W City of Tamarac Purchasing & Contracts Division 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, joint 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 application 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 Insurance Prior to commencement of any work pursuant to this Agreement, Artist shall obtain at Artist'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 resulting to it for failure of either Artist or any subcontractor to obtain or maintain such insurance. 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 $1,000,000 Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations 12 'Ehs C►�y:�btli2�u'Lli City of Tamarac Purchasing & Contracts Division Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory Employer's Liability If the Artist has no employees as defined by Florida Statutes and Regulations, and the Artist submits a letter so stating, this requirement may be waived in writing by the State of Florida; however, Artist shall be responsible for obtaining a waiver for Worker's compensation coverage 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 IeastA-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 and Broward County as "additional insured" parties. The Artist's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Artist shall be responsible for the payment of all deductibles and self -insured retentions. 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 and Broward County, 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 13 City of Tamarac Purchasing & Contracts Division or occurring 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 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 Agreement, 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 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 or 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 14 City of Tamarac Purchasing & Contracts Division 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 status, 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 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd_, Suite 200 Fort Lauderdale, FL 33308 ARTIST Cynthia Fisher d/b/a Big Bang Mosaics 15 Forgette Road Charlemont, MA 01339 ATTN: Cynthia Fisher (413) 625-8204 cindytc'�i_bigbangmosaics.com 15 C�tt�rr�s of Tamarac Purchasing & Contracts Division 10) Termination 10.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the 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. 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. 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 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 contract 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 16 City of Tamarac Purchasing & Contracts Division 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) 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 13) 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 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. 17 of Tamarac Purchasina & Contracts Division 14) Uncontrollable Forces 14.1 Neither the City nor Artist shall be considered to be in default of this Agreement if delays in or failure of performance shall be 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, riot, 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 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 waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 18 T%vim. The City For Your We City of Tamarac Purchasing & Contracts 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, duly authorized to execute same. ARAC O , SAP CITY OF A RAC Har Dressler Mayor LL ATT T: ► i i `�� Michael C. Cernech City Manager Patricia A. Teufel, CM I Date: City Clerk a kl� Date ATTEST: Approved as to form and legal sufficiency: Samuel S. Goren, Attorney Date Fisher d/b/a i'oy►•�, � pay ` [� � Signare of Artist U Z.r U , Date �'' '1SSIpN'• C'i 20 .LO ,yi419T 1154 U qRY p� Temp. Reso. 13106 May 23, 2018 Page 1 CITY OF TAMARAC, FLORIDA ,r RESOLUTION NO. R- 2018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ACCEPTING AN ART OF COMMUNITY GRANT AWARD FROM THE COMMUNITY FOUNDATION OF BROWARD, INC. FOR A MOSAIC TILE MURAL AND SPLASH PAD FLOORING AT TAMARAC VILLAGEPARK IN THE AMOUNT OF $75,000; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT AND NECESSARY DOCUMENTS ° PENDING LEGAL REVIEW BETWEEN THE COMMUNITY FOUNDATION OF BROWARD, INC. AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $75,000; PROVIDING FOR A 1:1 MATCH IN LOCAL FUNDS IN THE AMOUNT OF $75,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac wishes to provide residents and visitors with an advanced level of service by continually revitalizing our community and enhancing the City's sense of place; and WHEREAS, the Community Foundation of Broward, Inc. (The Foundation), through the Art of Community Grant Program, provides grants to local governments to enhance their communities and sense of place through public art projects; and WHEREAS, the City of Tamarac was awarded an Art of Community grant in the i amount of $75,000 for the provision of a mosaic the mural and splashpad flooring at Tamarac Village Park, as indicated in the April 2, 2018 correspondence from the Temp. Reso. 13106 May 23, 2018 Page 2 Foundation which is attached hereto as Exhibit A and is incorporated herein by this reference; and WHEREAS, the Foundation requires, and the City agrees to provide a 1:1 match of $75,000 in local funds as part of the grant agreement; and WHEREAS, the Director of Community Development and Director of Finariciol Services recommend acceptance of Art of Community grant program funds through a - grant agreement between the Foundation and the City of Tamarac pending legal review; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be 0 in the best interest of the residents and businesses of the City of Tamarac to accept Art of Community grant program funding for the provision of a mosaic the m4al and splashpad Owing at Tamarac, Village Park through a grant agreement with OW Foundation in the AtYmrit of $75,000 and to provide for a 1-to-1 match of $75,000 in local funds. * I SECTION 1 * The foregoing "WHEREAS" clauses are HEREBY ratified and U confirmed as being true and correct and are HEREBY made a specific part of this Temp. Reso. 13106 May 23, 2018 Page 3 Resolution. All exhibits attached hereto and referenced herein are expressly incorporated and made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the Art of Commur* grant award of $75,000 from the Community Foundation of Broward, Inc. (The Foundation). SECTION 3: The appropriate City Officials are HEREBY authorized to execute an agreement and necessary documents between the City of Tamarac and the Foundation for grant funding in the amount of $75,000 and provide a 1:1 match of $75,000 in local funds pending legal review. A copy of said agreement is attached HERETO as Exhibit B and is incorporated HEREIN by this reference. SECTION 4: All 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 in application, it shall not affect the validity of the remaining portion or applications of this SECTION 6: This Resolution shall become effective immediately upon its adoption. Temp. Reso. 13106 May 23, 2018 Page 4 i �02- a 0 �,Wo W MAYOR ATTEST: PATRICIA TC:H[:M fRAt% CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ,1,/SAMUEL S. GOREN CITY ATTORNEY I I EXHIBIT A Michael Gresek from: Angelica Roses <arosasOc(broward,org> Sept, Monday, Apil 2, 2018 4:30 PM To; Michael Greselc Maxine Calloway; Michael Cernech subject Art of Community Announcements - Tamarac: Congratulations! The Community Foundation of Broward is pleased to award City of Tamarac with grant for $75,000 for the "Metamorphosis: A Community Transformation" project which is now assigned grant number 20170733 in our system. Please use this grant number for future reference with all inquiries. Your grant agreement is currently being prepared and Will be emalled out by April 20, 2018 with a start date of May 1, 2018. When you receive it, please take the time to read this agreement carefully, as it outlines the conditions of your grant as well as requirements set forth per the grant application description. Thank you for making a difference in our community For Good. For Ever. I look forward to working with you. If you have any questions, please contact me at 954-761-9503 ext. 114. Ps. Community Foundation of Broward just opened the Broward Pride RFP. We are on a mission to unify our community and invite all organizations (LGBT missioned or mainstream) to create more acceptance and inclusion of our LGBT neighbors. if you would like to join the conversation Friday, April 6 at 10arn at the Foundation, please click here to register. To learn more about Broward Pride, download the RFF, or read our Report to the Community, click hpEe—. Warmest Regards, Aiigehca Angelica Rosas I Charitable Funds Manager I Conintunity FoUndati0f, of Broward 910 East Las Olas Boulevard, Suite 200 1 Fort LaUderdale, FL 33301 954-761-9503 ext; 114 1954-761-7102 fax I dbroward.org I Odbraward #cfbroward GRANT AGREEMENT Between the COMMUNITY FOUNDATION OF BROWARD, INC. 910 East Las alas Boulevard, Suite 200 Fort Lauderdale, FL 33301 954-761-9503 Grantee-, City of Tamarac Address: 7525 NW 88th Avenue Tamarac, FL 33321 Contact: Michael Gresek I 1515JI&TAMM01012 1611 tromm9re-TW� COMMUNITY FOUNDATION OF BROWARD For Good. For Ever. The following terms and conditions must be met by the above named Grantee ("Grantee") in order to receive the grant that has been awarded. If and when the Grantee fails to meet any of these terms and conditions, the Community Foundation of Broward ("Foundation") may withdraw its award and terminate the Grant Agreement ("Agreement") and shall thereupon have no further obligation to disburse to Grantee any remaining unpaid grant funds, and may further require repayment of any grant funds which, were not used in accordance with the terms of this Agreement. I. Grant Purpose The construction of Tamarac Village will create new storefronts With restaurants, shops and a park with greenspace. To compliment the park, a new amphitheater and splash pad will be built to provide future entertainment and a place to live, work and play for residents and visitors. A mosaic tile mural will be created and used as the backdrop of the amphitheater and the splash pad flooring will have the same mosaic tile theme, as outlined in the proposal. H., General Terms Name of Project: Metamorphosis,; A Commurft Transformation Grant Number: 20170733 - Grant Amount: $76,000 Grant Period: May 1, 2018 — April 30, 2019 Payment Schedule: May 31, 2018 Pending exeouted ate' eemet4 Ill. Budget and Use of Funds Funds must be used, by the Grantee, strictly in accordance with the terms of this Agreement, including the grant purpose set forth in paragraph I and 11 and the final budget on which the grant Was based. Any changes must be submitted in writing to the Foundation and be approved by the Foundation. IV. Reversion of Funds All funds not expended for the purposes agreed to by the Grantee and the Foundation must be returned to the Foundation. V. Records Maintenance and Reviewif Reports Grantee must maintain files and records on the project funded and allow Foundation staff reasonable access for the purpose of verifying procedures and operations and financial audits and investigations as deemed necessary concerning the grant. Records must be maintained that identify the purpose for which grant funds have been expended based on project budget submitted, The appropriate Grantee's personnel must be available for discussion on such matters. Maintenance of files and records should be for a period of at least three years after completion or termination of the project. - Community Foundatiora of Broward I 95,4,761.9503 I info@cfbroward.org I dbroword.org I #dbroword @cfbroword f V in 0 & 0 The Grantee agrees to submit to the Foundation reports as follows: Requirement Due Date Payment Date Payment Amount Signed agreement May 31, 2018 Upon Receipt $75,000 Mid -Year Report October 15, 2018 No Payment N/A Final Report April 30, 2019 No Payment N/A The Grantee agrees to submit to the Foundation reports using the forms available on cfbroward.org/grantforms and email completed reports with required backup to reports@cfbroward.org. Reports should include narrative information and financial accounting of the expenditure of these grant funds that demonstrate that they were used for the purpose for which the grant is made. 0 re You must also upload high resolution photos to your Dr pBox (min.80 OKB for rjpeg or resolution tion at 300 dpi) and/or videos to your DropBox of your program in action with model releases and allow the Foundation to use them and information about your project in as part of our publicity efforts. VI. Evaluation/ Site Visits In order to assess the effectiveness of our grants, the Foundation may conduct an evaluation of the program funded by this grant, which may include written, and/or verbal evaluation by the Foundation or a third party authorized by the Foundation. Scheduled and unannounced site visits may occur by representatives of the Foundation to observe the Grantees program. Additionally, we would like to be informed when special events are occurring throughout the year so we may have the opportunity to share your organization and programs with our staff, Board members and Donors. This could range from observing a project we funded or other notable programs you implement that would be interesting to showcase. VII. Publicity In acknowledgement of the Foundation's support of this program, grantee shall provide the Foundation with appropriate publicity and recognition. All related promotional materials and communications must be submitted for approval no later than three 131 business days Prior to Print and distribution. This includes print and digital media such as press releases, signage, invitations, announcements, programs, feature stories, materials produced as part of your grant, and other public information for internal and external use. Please follow the communication guidelines available on our website at cfbroward.org/guidelines. This grant was made possible by the following Fund(s) (list all): This has been made possible by support from the following Community Foundation of Broward Funds: Blockbuster Entertainment Unrestricted Fund, Rick and Rita Case Fund and Mary N. Porter Community Impact Fund The Fund(s) should be recognized exactly as listed above. We ask that you submit copies of all such publicity with your project reports. Any statement about Foundation policy or staff should be cleared in advance with the Foundation. Community Foundation of Broword 1 954,761,9503, 1 info@dbroward,ore I Cfbf"qJd-0% I #.-,fbroword 06broward f W in 0 VIII. Special Conditions ■ Thursday, May 31, 2018 from 2 — 4pm a mandatory grantee meeting will be held at the Foundation. Grantees will learn of expectations regarding PR and communications, reporting requirements, and outcomes as it relates to this grant. Attendance is required by the project manager(s), and marketing or communication staff. CEO/Executive Director attendance is optional, Thursday, October 18, 2018 from 9 — 1 lam an Art of Community Showcase will be held at the Foundation. Grantees will highlight their projects during this event. Attendance is required by the CEO/Executive Director, project managers, and artist(s). Additional dates to be announced. X Miscellaneous The Grantee agrees to continue to maintain its eligibility for this grant during the entire grant period. This includes, but is not limited to, maintaining its status as a municipal corporation of the State of Florida and maintaining its principal place of operation in Broward County, Florida. The Foundation is pleased to provide the grant encompassed by this Agreement but cannot accept legal responsibility for the project. To that extent authorized by Florida Statues section 768.28, Grantee agrees to be fully responsible for the negligent acts or omissions of its employees in the course and scope of their employment which result in claims or suits against the other party. Nothing herein is intended to serve as a waiver of sovereign immunity by any part to which sovereign immunity may be applicable 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 Agreement. The Board and staff of the Community Foundation of Broward are pleased to make this grant to your organization. Please sign and return the Agreement as evidence of your understanding of and agreement with the terms outlined. Return completed document to the Community Foundation of Broward, 910 E. Las Olas Boulevard, Suite 200, Fort Lauderdale, FL 33301. By: Linda B. Carter, President/CEO Date Community Foundation of Broward, Inc. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: WITNESSES: il Cernech, City Manager Comrnuiiity Foundotion of Broward 1 95,4761.9k"3 1 info@dbroward,org I Aroward.org I #Atoward @cfbroward f V in M 0 2 ATT /* TA -'F-STABLISHEI) 19663 SEAL 4L- The foregoing instrument was acknowledged before me this fyl" 2A 2018, by Michael Cernech, City Manager of the City of Tamarac, a muni*al corporation of Florida, He is personally known to me and did not take an oath. (SEAL) Notary Public, State of Florida (Signature of Notary taking Acknowledgment) 0�t—M,kojiv Name of Nota#y Typed, Printed or Stamped My Commission Expires: Moe - Commission Number APPROVED AS TO FORM: KIMBERLY DILLON I,iY COMMISSION # FF 957316 EXPIRES: February 3, 2020 MW Thru Budgd Notary Senia Community Foundation of Broward 1 954,761.9503 1 info@cfbroward.org I Aroword.org I #cfbroward @cfbroward f W in 0 0" (��