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Home My WebLink AboutCity of Tamarac Resolution R-2017-039Temp. Reso. No. 12929 April 12, 2017 1st Revision 4/17/17 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017 - 39 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A FIRST AMENDMENT TO THE PUBLIC ART ADMINISTRATOR AGREEMENT BETWEEN THE CITY OF TAMARAC AND GADSON AND RAVITZ, LLC, ATTACHED HERETO AS EXHIBIT "1", TO EXERCISE THE FIRST OF TWO (2), TWO (2) YEAR RENEWAL OPTIONS, AT A TOTAL CONTRACT AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND ($100,000.00) DOLLARS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT; AUTHORIZING AN APPROPRIATION OF $100,000 FROM THE PUBLIC ART FUND; ADDING ADDITIONAL FUNDS IN THE AMOUNT OF $4,250 TO THE CURRENT PURCHASE ORDER ENCUMBRANCE, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage and promote public art within the City; and WHEREAS, the City has had a public art program since 2004 funded by and, through a public art fee generated from construction value of improvements to real property in the City, and WHEREAS, the public art program has proven to be a tremendous success and is responsible for significant art sculptures and art pieces displayed throughout the City; and WHEREAS, the program continues to require the administration by an art professional with distinct experience, capable of facilitating and directing the public art committee and administering the public art program; and Temp. Reso. No. 12929 April 12, 2017 1 St Revision 4/17/17 Page 2 of 5 WHEREAS, on May 27, 2015, the City Commission adopted Resolution R-2015- 45, approving an agreement to provide Public Art Program Administrator Services ("Contract") for a contract term of two years to Gadson and Ravitz, LLC ("Public Art Administrators") in the amount of $61,900; and WHEREAS, the Contract provides for up to two (2) additional two (2) year renewal terms, as authorized by the City Manager; and WHEREAS, the first term expires on May, 27th, 2017; and WHEREAS, the Public Art Administrators and the City seek to exercise the right to renew the Contract for an additional 2 year term, commencing on May 27th, 2017 through May 26th, 2019; and WHEREAS, City staff and Gadson Ravitz, LLC, have agreed upon a new not to exceed contract price of $100,000 for a contract term of two years, subject to an hourly rate of $50.00 per hour to include all travel and estimated reimbursable expenses associated with the performance of the Contract; and WHEREAS, the increased Contract Sum of $100,000 represents approximately eighty (80) service hours per month at the $50.00 hourly rate, which is attributed to an increase in public art program activity and the various projects currently underway, commissioned by the Public Art Committee; and WHEREAS, an appropriation of $100,000 will be required to fund this Contract and will be paid for entirely from the Public Art Fund; and WHEREAS, it is anticipated that additional expenditures in the amount of $4,250 will be required to pay invoices for the remaining months of the Agreement, covering anticipated expenditures for April and May; and Temp. Reso. No. 12929 April 12, 2017 1st Revision 4/17/17 Page 3 of 5 WHEREAS, the additional $4,250 will provide sufficient funding in the current Purchase Order ("PO") encumbrance to pay invoices for April and May; and WHEREAS, it is the recommendation of the Public Art Committee to renew the Contract with Gadson & Ravitz, LLC to serve as the City's Public Art Program Administrators for an increased contract price of $100,000 for a contract term of two years; and WHEREAS, the Director of Community Development recommends that the City Commission authorize the renewal, the Contract increase and the additional funds to complete the existing term of the Agreement for April and May, 2017; and WHEREAS, it is recommended that the City Manager be authorized to exercise the right to renew the contract for one (1) additional two (2) year period and to add additional funds in the amount of $4,250 to the existing PO encumbrance to pay invoices for April and May 2017; 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 renew the Contract with Gadson & Ravitz, LLC to serve as the City's Public Art Program Administrators for an increased contract price of $100,000; a copy of said Agreement Amendment #1 ("Agreement") is included herein as Exhibit I" (attached hereto, incorporated herein, and made a specific part thereof), and WHEREAS, the City Commission of the City of Tamarac, Florida furthermore deems it to be in the best interest of the citizens and residents of the City to Tamarac to add additional funds in the amount of $4,250 to the existing PO encumbrance to pay invoices for April and May 2017. Temp. Reso. No. 12929 April 12, 2017 1st Revision 4/17/17 Page 4 of 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: the Agreement Amendment #1 between the City of Tamarac and Gadson and Ravitz, LLC is hereby approved. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Gadson & Ravitz, LLC. to continue to serve as the City's Public Art Program Administrators for a not to exceed contract price of $100,000 for a term of two years and authorizing the City Manager to exercise the current renewal option for one additional two year period, as well any additional renewal options available under the Agreement, a copy of said Agreement is attached hereto as Exhibit 1". SECTION 4: An appropriation from the Public Art Fund in the amount of one hundred thousand ($100,000) dollars is hereby authorized. SECTION 5: The appropriate City officials are hereby authorized to add additional funds in the amount of $4,250 to the existing PO encumbrance to pay invoices for April and May 2017. Temp. Reso. No. 12929 April 12, 2017 1st Revision 4/17/17 Page 5 of 5 SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �' day of , 2017. A_�c HAMY DRESSLER, MAYOR ATTEST: PATRICIA TEUF L, MC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM AMUEL S. GOREN CITY ATTORNEY AGREEMENT AMENDMENT #1 BETWEEN THE CITY OF TAMARAC AND GADSON & RAVITZ, LLC THIS AGREEMENT AMENDMENT is made and entered into this d 4' day of by and between the City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321 (CITY), and Gadson and Ravitz, LLC, a Florida Limited Liability corporation with principal offices located at 11831 Highland Place, Coral Springs, Florida 33071 (the "Consultant') who agree to amend the original Agreement dated May 27, 2015 to provide for Public Art Program Administration of the City of Tamarac Public Art Program. The City and Consultant hereby agree to exercise the first two (2) year renewal option as provided under Section 4 "Term of Agreement' of the original Agreement dated May 27, 2015 to extend the Term of the Agreement through May 26, 2019. 2. Amend Section 5 "Contract Sum" to now read as follows: 5) Contract Sum & Hourly Rates The Consultant agrees to provide services at an hourly rate of $50.00 for a not to exceed Contract Sum of One Hundred Thousand Dollars and No cents ($100 000 00) which shall include all travel and estimated reimbursable expenses associated with the performance of the Contract. Consultant shall present to City a quotation estimate detailing tasks and commensurate hours worked on each project.. Remainder of Page Intentionally Blank CORPORATE ACKNOWLEDGEMENT STATE OF � i Lb A SS COUNTY OF�CZ-14rA : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Beth Ravitz, Manager, of Gadson & Ravitz, LLC, a Florida Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of 3 1z?�A&1Z , 20)f M ER� i 076901r 16, 2017r.90p 5_7019 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ ID take an oath, or DID NOT take an oath. 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 CONSULTANT, signing by and through its Owner duly authorized to execute same. T OF TAMARAC =� Harryressl , Mayor Date O` ;'at'rciaTA. : °°. CCUi'��` Michael C. ernech, City Manager tyL Teufel, CIVIC Date: Interim City Clerk 41 / 1 Approved as to form and legal sufficiency: Date Jqa" Si dam G ren ` ATTEST: N/A (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) GADSON & R"ITZ, LLC Company Name Sibnature of Ma Beth Ravitz Manager 4 Date