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
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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
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'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
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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
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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
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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.
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1AMARAC:
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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.
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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.
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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.
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1AMARAC
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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
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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
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-'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" (��