Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-100Temp. Reso. #12843 August 25, 2016 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016 - IdO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PUBLIC ART PROPOSAL AND CONCEPT BY ROGER STOLLER, AND EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND STOLLER STUDIO, INC. ATTACHED HERETO AS EXHIBIT "2" AND INCORPORATED HEREIN, TO PROVIDE A WORK OF ART TO BE PLACED ON THE WOODLANDS GOLF COURSE PROPERTY, IN THE AMOUNT OF $200,000; PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage and promote public art within the City; and WHEREAS, the City is implementing a significant sculpture public art installation on the Woodlands Golf Course Property fronting Commercial Boulevard, west of Rock Island Road , and WHEREAS, On September 9, 2015, the City Commission approved Resolution R2015-76, accepting a 20x30 foot easement from ClubLink US Corporation, Grantor and Owner of the Woodlands Golf Course property for the purpose of placing the significant sculpture; and WHEREAS, the City of Tamarac issued a National Call to Artists entitled "Tamarac Significant Sculpture" for an artist to create a permanent original sculpture on the Woodlands property , attached hereto as Exhibit 1" and incorporated herein; and WHEREAS, on March 15, 2016, the highest five (5) ranked entrants were invited to make presentations to the Public Art Committee to provide additional information and display a maquette of the proposed work; and Temp. Reso. #12843 August 25, 2016 Page 2 WHEREAS, The Public Art Committee sitting as the selection committee determined that Artist, Roger Stoller best met the needs and requirements of the City; and WHEREAS, in accordance with Section 5-305(b)(3) of the City of Tamarac Code of Ordinances, the Public Art Committee recommends that Roger Stoller be selected to fabricate, deliver and install the work of art, to be located within the easement on the Woodlands Golf Course Property fronting Commercial Boulevard; and WHEREAS, the Public Art Committee and Roger Stoller have agreed upon a contract price of $200,000 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 Stoller Studio Inc./Roger Stoller; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the public art concept and proposal by Roger Stoller, attached hereto as Exhibit "3" and incorporated herein, to be placed within the easement on the Woodlands Golf Course Property fronting Commercial Boulevard for a contract price of $200,000; a copy of said Agreement is included herein as Exhibit "2" (attached hereto, incorporated herein, and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Reso. #12843 August 25, 2016 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: It is hereby found and determined that the approval of the public art concept and proposal by Roger Stoller will be in the best interest of the City of Tamarac and the residents and businesses located within the described area. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Stoller Studio, Inc./Roger Stoller for a contract price of $200,000, a copy of said Agreement is attached hereto as Exhibit "2". SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA E EL, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM n L S. GOREN CITY ATTORNEY Temp. Reso. #12843 August 25, 2016 Page 4 day of may" HARRY DRESSLER, MAYOR )2016. RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO �7 I 0 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 NAME: Tamarac Signature Sculpture LOCATION: Rock Island Road and Commercial Boulevard DUE DATE OF APPLICATION: Monday, November 2, 2015 PROJECT BUDGET: Budget of $200,000 ARTWORK DESCRIPTION, SCHEDULE AND BUDGET Public Art Project Description The City of Tamarac, Florida is seeking to commission an artist or artist team to create an artwork of significant size and quality to be located on the Woodlands Country Club property fronting on West Commercial Boulevard, just west of Rock Island Road, in Tamarac, Florida. The artwork should reflect the spirit of Tamarac and be impactful to pedestrians and passerby traffic both day and night at this high traffic roadway. Three artists will be selected as semi-finalists to develop and present design proposals. Each will receive a $1,500 stipend. The winning artist will be awarded a $200,000 contract and will be responsible for the creation and installation of the final work. The application deadline is Monday, November 2, 2015 and is open to all professional artists nationwide with experience working with public agencies and professional engineers. Qualities of Artwork This Request for Proposal is emphasizing the City of Tamarac's desire to commission artwork that represents its changing community and depicts the city's mission as 'The City for Your Life'. Once known for its retirement community, Tamarac has now evolved into a City of families and youth. The artwork must be capable of "holding its own" as it will be Tamarac's Signature Sculpture that will help define the City. The artwork should be durable and require minimal ongoing maintenance. South Florida has a sub -tropical climate and is hot and humid with an intense sun and seasonal heavy rain. Problems with rust and fading should be avoided. The sculpture should be designed and constructed in accordance with the Florida Building Code. The artwork must be self-supporting on an open landscape or hardscape and be large in scale, with no less than 10 feet in height. The orientation of the sculpture can be horizontal or vertical in the 30 feet by 20 feet designated area and must maintain a minimum of 3 feet access on all sides. Description of Location The sculpture will be located at the Woodlands on West Commercial Boulevard. The Woodlands County Club property, developed in 1968, is a Golf Club Community designed after Palm Springs, California. It has more than 5,000 acres of land containing a housing community surrounded by fairways and beautifully wooded areas. {00095002.1 2704-0501640 } Page 1 of 6 RECORDSVRV" FOR City ofTan mw 3cr COMMcRCIAI acrowa. . na'Lowaow a r coatVf . aue COwElO1. BOI3iYa110. W®Wal6i m RT n.r 'm OdninwkwwKST MM�FM8iB1 1Q aC�e iYi4 - �8Y YE lIN iR--� �aa aab «nw '•a .aw .a.. w ssan rera � anwra TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Ha IMBaW, 90M1110. VfLM"� «� aHa .M yaw .ap .Hw t� t'Jw f 1A/ µA THE WOODLANDS COUNTRY CLUB {P:B. 67. P0, 70, ex -RI wo"y Ai M ihlrl iK �Wa�Ot !HN � O (00095002.1 2704-0501040 } Page 2 of 6 reoafER � ia[ YM �p a :i' M: TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Eastward View of Site Artist Requirements Once Selected: • Transportation and off -truck loading of the artwork to the specific site in Tamarac; • Installation of the artwork; • One public lecture in Tamarac; • Design development and modifications with drawings and/or models sufficient to secure to approval of the Public Art Committee and the City Commission. • Construction documents signed by a Florida engineer • A minimum of three meetings with the Public Art Committee to discuss aspects of artwork: either via phone or in person. • Professional photos of the sculpture for publication and marketing. Highlights from the following will be required in the contract (see attached draft contract in substantial form as required if selected) : • Indemnify, and hold the City of Tamarac harmless from any and all claims and damages • Liability and other insurance. The City reserves the right to modify the draft contract provided with this RFP. {00095002.1 2704-0501640 ; Page 3 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Anticipated Art Project Schedule • Artist Applications Due: Monday, November 2, 2015 • Shortlisting: December 2015 • Artist Selection: Tuesday, December 15, 2015 Notification: • City Commission Approval: January 2016 (Subject to Change) • Artwork Permitting/Installed: October 2016 • Dedication Ceremony: October 2016 Artwork Budget The budget for the project established is $200,000. The budget includes all cost, i.e. research, community and agency meeting cost, design, materials, permitting as needed, fabrication, installation, photography, insurance, proposals, travel, sales taxes, lighting, concrete pads, labor, structural engineering, and transportation. ARTIST ELIGIBILITY The project is open to all professional visual artists or artist team in the United States. Artists/artist teams should have experience implementing their ideas and work in the public realm with government agencies. Artist/Artist teams must be able to effectively work within the project timeline and collaborate with the Architects of Record, General Contractors, multiple Governmental Agencies, Community Groups, City Staff and the Public Art Committee whenever it is required. Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. Artists are NOT eligible who are immediate family or business partners of members of the Public Art Committee or program staff, or whose art work already exist in the City's public art inventory. Selection Process The Tamarac Public Art Committee manages the application process and will review the proposals. The committee includes arts professionals and community representatives, and City Staff. The committee will review the submissions and invite a short list of three (3) semi-finalists to be interviewed. Each semi- finalist will be awarded a $1,500 stipend for development of a proposal, travel and overnight accommodations, if necessary for presentation to the Public Art Committee. The Committee will award the final contract based on its evaluation of the artwork proposal, experience of artist and references. The committee reserves the right to withhold the commission award if it should not find a satisfactory artwork. All submitted complete applications will be reviewed. Applications not meeting the submission guidelines will not be considered. (00095002.1 2704-0501640 } Page 4 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Criteria for Selecting Proposals All artists must meet the guidelines of the program. 1. Artistic merit of concept. 2. Style and Appropriateness: Artwork should demonstrate that it is compatible in relationship to the landscape and Tamarac Community. 3. Technical Considerations and Feasibility: Including the artist's artistic history and experience in completing public art projects within the timeline and budget, as well as the sustainability of the project. 4. Safety and Maintenance: Artwork should be durable, meet the requirements of insurance policies and be resistant to theft and/or vandalism. Materials should require minimal periodic maintenance and be readily available if conservation or restoration is necessary. 5. Diversity: Reflects the overall project goal to strive for diversity in style, scale, media and artists working in traditional and contemporary art forms. Application Requirements All submissions must be done via CAFE at www.califorentry.org Shortlist/Second Selection Upon review of all the proposals submitted through CAFE, three semi-finalists artists will be selected to submit the following information. The final Artist will be selected from these requirements. Please submit the following: 1. Proposed concept 3D Digital Model or Maquette. Model must include a scaled plan of the proposed location, and a plan dimensioned elevation of the concept. Model must also include perspectives of the concept, information regarding materials, weights, colors and any other relevant details. 2. Site Plan. Plan must include perspective drawing between artwork and sidewalk or other public space, and show all design features to create a space with foreground and backdrop for artwork. Site plan shall also show pedestrian access to the artwork and hide light fixtures shining on artwork from public view. 3. Project Maintenance Instructions 4. An Itemized Project Budget. All items become the property of the City of Tamarac. Questions: All questions must be submitted to gadsonravitz@gmail.com AND maxine.calloway@tamarac.org no later than Monday, October 12, 2015. Website for City of Tamarac: http://www.tamarac.orgl {00095002A 2704-0501640 } Page 5 of 6 TAMARAC REQUEST FOR PROPOSAL DEADLINE: Monday, November 2, 2015 Tamarac Public Art Committee Tobey Archer, Chair Susan Buzzi, Vice Chair Rowena Smith Brian Zambrano Phil Prentice The Community: Tamarac, Florida Tamarac is a unique city that has been built through a strong and dedicated community spirit, good land use planning and prudent management of municipal resources. Since its incorporation in 1963, Tamarac has prospered and grown into a full service city. Tamarac is approximately 12 square miles located in central Broward County. The approximate population of the City is 60,000. The City of Tamarac constantly strives to meet the needs and improve the health, welfare and safety of its residents. Tamarac prides itself on being a government that is responsive to its residents and is "Committed to Excellence .... Always." 100095002.1 2704-050i640 } Page 6 of 6 City of Tamarac Now&= Purrhasing & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND STOLLER STUDIO, INC. THIS AGREEMENT is made and entered into this & day of akl , 2016, by and between the City of Tamarac, a municipal orporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Stoller Studio, Inc., a California Corporation with principal offices located at 198 Lucero Way, Portola Valley, California 94208, (the "Artist") to provide for the design and fabrication of significant sculptured artwork on the Woodlands Country Club property at the west of the intersection of Rock Island Road and Commercial Boulevard, Tamarac, Florida. 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, Call to Artists Titled "Tamarac Significant Sculpture, Rock Island and Commercial Boulevard" dated November 2, 2015, including all conditions therein (including any General Terms and Conditions, Supplementary Conditions, Statement of Work, charts, surveys, maps, or any other provisions contained within the document), any and all addenda, Proposal entry executed and submitted by the Artist, 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. 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 the significant sculpture to be located at the west of the intersection of Commercial Boulevard and Rock Island Road on the Woodlands Country Club property, Tamarac, Florida, as ultimately conceived, designed, fabricated, transported, delivered and installed by the Artist consistent with the final design proposal, project schedule and cost proposal approved and accepted by the City as required by this Agreement (collectively referred to as the "Design Proposal") to be attached to and made City of Tamarac Purchasing & Contracts Division a part of this Agreement as Exhibit "A" as well as the specifications and engineering drawings provided by the Artist to the City after approval by the City of the final Design Proposal (collectively referred to as the ("Engineering Drawings.") to be attached to and made a part of this Agreement as Exhibit "B". Except as set forth below, the Work includes all physical components of the complete Work including but not limited to mounting brackets or devices, and other miscellaneous components necessary to complete the fabrication and installation of the Work as initially proposed. 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 to and installation at the Site consistent with the Design Proposal and Engineering Drawings as approved by the City, including but not limited to payment for insurance, supplies, materials, small tools, equipment. Except as otherwise stated in this Agreement, the Artist shall, either directly or through qualified sub -contractors to be hired by the Artist, undertake the transportation and delivery of the Work to the Site and installation of the Work at the Site. 2.1.3 The Artist shall determine the artistic expression, scope, design, color, size, material, and texture of the Work as set forth in the Design Proposal and Engineering Drawings subject to review and written acceptance by the City on a timely basis as set forth in this Agreement. 2.1.4 The Artist shall at the Artist's sole expense obtain all licenses and approvals required with respect to the fabrication and its obligations for installation of the finished Work at the Site, including the written approval from the City of Tamarac certifying the structural compliance of the Work with applicable, legally mandated building codes that may be required. 2.1.5 The City shall provide the Artist with copies of all pertinent information relating to all such applicable city laws, ordinances, statutes, codes, regulations, and/or requirements referenced in this Agreement upon request and on a timely basis. 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 of Tamarac Purchasing & Contracts Division 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. 2.2 Preparation of Engineering Drawings and Commencement of Work 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, the Artist shall commence preparation of the Engineering Drawings, complete final planning, cad drawings and permitting. The Artist shall avoid specifying in the Design Proposal and in the Engineering Drawings any materials or finishes known to be hazardous or potentially hazardous. 2.3 Fabrication 2.3.1 Upon approval of Engineering Drawings and other plans by the City, the City or its authorized representative shall issue a written Notice to Proceed to begin the fabrication process. At this point, Artist shall be responsible to procure all necessary supplies and materials necessary for the fabrication of the Work. The City shall have reasonable access to review the Artist's Work ih progress at the Artist's place of business, or the Artist's staging area for work, at mutually convenient dates and times to be scheduled in advance taking into account the Artist's schedule and commitments and the City's schedule and commitments. 2.3.2 The Artist shall complete the design, fabrication, transportation and installation of the Work in conformity with the Design Proposal and Engineering Drawings approved by the City, which are attached hereto and made a part of this Agreement as Exhibits "A" and "B", respectively. 2.3.3 Any material changes proposed by the Artist in the scope, design, color, size, material or texture of the Work as depicted in the Design Proposal and the Engineering Drawings shall be presented to the City for approval in writing prior to implementation. A change shall be deemed "material" if it alters the form, fit or function of the Work, or modifies its dimensions by more than ten percent (10%). Any such change shall be evidenced by the execution of a written amendment or change order to this Agreement signed by both parties. 2.3.4 Once the Work has been fabricated, the Artist shall submit a report to the City, accompanied by photographs, slides, or other acceptable documentation substantiating that the fabrication of the Work has been completed in accordance with the Design Proposal and Engineering Drawings. The report shall include plans for installation and a description of all activities requiring coordination with the City and City's Engineer. 2.4 Delivery and Installation 2.4.1 The Artist is responsible for the delivery and installation of the Work. 2.4.2 The Work shall not be delivered to or installed at the Site until the Artist has received written approval from the City or its authorized representative that the Work has been completed according to the approved Design Proposal and Engineering Drawings. 2.4.3 The Artist shall make arrangements for access to the Site for delivery and installation of the Work with the City or its authorized representative and the City's Engineer. 2.4.4 Following delivery of the Work, the Artist shall install the Work at the Site consistent with the Engineering Drawings and shall approve and submit all required documentation and information to the City on a timely basis. 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. 2.4.5 The Artist shall exercise commercially reasonable efforts to limit construction operations to the Site unless otherwise approved by the City or its authorized representative. The Artist shall not perform operations of any nature on, over or across premises owned or leased by third parties, except such operations as are specifically authorized in plans or specifications or as authorized by the City or its authorized representative. 2.4.6 The Artist and the City shall take all steps necessary to protect City of Tamarac Purchasing & Contracts Division adjoining property and nearby buildings, roads and public'streets or roads from dust, dirt, rubbish or other nuisance arising out of their respective operations at the Site or its storage practices during Site work and delivery and installation of the Work at the Site. Additionally, 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. 2.4.7 The Artist shall insure that the Site is clean, free of dirt and 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. 2.4.8 Delivery and installation of the Work shall be in conformance with all applicable federal, state, county, and municipal laws, including any applicable health, safety, and fire regulations. 2.5 Post -Installation 2.5.1 Except as set forth below, the risk of destruction or damage to the Work or any part thereof shall be borne by the Artist until written acceptance of the Work. Accordingly, except as set forth herein, the Artist shall at its sole cost and expense, rebuild, 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. City of Tamarac Purchasing & Contracts Division 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 and "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, Engineering Drawings 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 . Any and all such repair shall be completed by the Artist in a proper, workmanlike manner consistent with the Technical and Maintenance Record and the "As -Built Drawings" which shall be delivered to the City prior to final completion of the project. 2.6.2 Warranties provided to the Artist by the sub -contractors, if any, shall be for at least one year from the date of final acceptance by the City. All warranties related to the Work performed by sub- contractors under this Agreement are hereby incorporated by reference and are considered to define the extent and limitations of warranties extended by the Artist to the City. 2.6.3 The Artist represents and warrants to the City that the Work will not require maintenance substantially in excess of that described in the maintenance recommendations set forth in the "As -Built Drawings" provided by the Artist to the City pursuant to this Agreement. 2.6.4 The Artist represents and warrants to the City that the Work will not contain sharp points or edges which may pose a danger to the public and the Artist agrees to cooperate in making or permitting adjustments to the Work if necessary to eliminate any sharp points or edges which become apparent within one year of the date the Work is finally accepted by the City. 2.6.5 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. 2.6.6 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. 2.6.7 The Artist represents and warrants to the City that the Work will be a unique placement and the sculptures 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 sculpture of the exact same design and dimensions as the Work for placement anywhere in the State of Florida. In view of the intention that the final Work shall be unique and shall constitute the artistic expression of the Artist, the Artist shall not make any additional exact duplicate three- dimensional reproductions of the final Work, with the exception of any model(s) used in the process of developing the approved artwork, nor shall the Artist grant permission to others to do so except with the written permission of the City. However, nothing shall prevent the Artist from making two dimensional reproductions of the Work for any purpose or from creating future artworks in the Artist's manner and style of artistic expression for any purpose. 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. 2.6.8 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 City 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: City of Tamarac. Purchasing & Contracts Division One (1) copy of all available data pertinent to the Work, and information relative to code requirements, policies, standards, criteria, and studies relating to the Work. However, the Artist shall be responsible for searching the records and requesting the information required. 2.7.2 The City shall promptly examine all materials and information submitted by the Artist to the City for approval and acceptance and shall take all actions and render all decisions promptly to avoid unreasonable delay in the progress and acceptance of the Design Proposal, Engineering Drawings 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 three-dimensional reproductions of the final Work, including but not limited to any sculptures, * 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. Two dimensional reproductions will not be sold by City without written permission of the Artist. 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 City of Tamarac Purchasing & Contracts Division 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 the specifications for maintenance and repair contained in the Technical and Mechanical Record and in the "As -Built Drawings" to be provided by Artist to City prior to final completion of the project. It is expressly acknowledged and agreed by the parties that due to the materials used in the fabrication of the Work, its size, weight, mass and location, a failure by the City to maintain and/or repair the Work in accordance with the maintenance and repair specifications provided to the City by the Artist in the "As Built" Drawings and Technical and Maintenance Record may result in a loss of structural integrity that may pose a hazard to public health and safety over time. 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"), , 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. In the event the city determines that it would like to destroy the Work, City will notify Artist in writing and make a diligent effort (via return receipt, e-mail, telephone, on-line notice from air courier web -site, or other verifiable notification method) to receive confirmation that this communication was received. Artist will have 90 days from the date such notification is received by Artist to take City of Tamarac Purchasing & Contracts Division possession and remove Work at Artist's expense, in which case City will assign ownership of Work back to Artist at no cost. If Artist does not respond within the 90 day period, or cannot be reached after diligent effort by City to reach Artist within this time period, the City is free to proceed in destruction of the Work. 2.10 Public Hazard In the event that the City 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 (if Applicable) and Working Hours 2.11.1 In the event that the work under this Agreement requires blocking of any thoroughfare, highway or street, the Artist shall be responsible for maintaining all traffic controls during the entire period of the project. All traffic controls shall conform to the Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest edition and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work shall be avoided during peak traffic hours. Working hours are set between 8 AM to 4 PM. Any deviation shall be approved in advance by City as well as FDOT, and Broward County if applicable. 2.11.2 The Artist shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. City will inform Artist of all such requirements, permits, etc., within thirty (30) days of the final execution date of this Agreement. 2.11.3 Road closure will not be permitted without written approval of the Engineer/Project Manager. 2.11.4 Pricing provided by Artist under this Agreement shall include all costs relating to the Maintenance of Traffic, if applicable to this project, 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 10 City of Tamarac Purchasing & Contracts division sum cost to cover all aspects of required Maintenance of Traffic if applicable to the project. City shall make a diligent effort to provide Artist with information regarding any and all costs the City expects the Artist to incur which Artist will be required to include in the Work budget related to the selection of City's designated site. Such costs will be estimated by the City and sent to Artist in writing before the final Work budget becomes part of this Agreement. In the event costs may arise later, in relation to this project, Artist and City shall have the opportunity to review such costs, and costs determined to be legitimate shall result in the amendment of the Work budget by issuance of a Change Order to this Agreement. 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 and complete payment to Artist payment to Artist under this Agreement 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 11 Agreement, the tollowing 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. 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. The Artist shall be entitled to be reimbursed by the City for travel and expenses for Artist for such events in accordance with the City's standard travel policies and procedures. 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 The City agrees to pay ARTIST a fixed sum of Two Hundred Thousand Dollars and no cents ($200,000.00) for work completed under this Agreement. 12 City of Tamarac �fflPurchasing & Contracts Division 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 15% ($30,000.00) upon Notice to Proceed by the City's Project Manager or designated representative and the Artist's submission to the City of any executed contracts with subcontractor, proof of subcontractors performance and payment bond as may be applicable to this project, and all other insurance as required herein. 5.2 25% ($50.000.00) upon the date on which the Artist notifies the City that the Work is 25% complete. The Artist shall provide photographs to verify completion. 5.3 25% ($50,000.00) upon the date on which the Artist notifies the City that the Work is 50% complete. The Artist shall provide photographs to verify completion. 5.4 25% ($50,000.00) upon the date on which the Artist notifies the City that the Work is 75% complete. The Artist shall provide photographs to verify completion. 5.5 10% ($20,000.00) within 30 days of final acceptance of the Work by the City's Project Manager and submission of the Documentation Worksheet, Warranty of Title, and receipt of all additional documentation as required under "Post Installation Requirements, Section 2.52 of this Agreement, to the City's Project Manager. 5.6 The City reserves the right to review and inspect all work incorporated into the project, and shall only pay for work approved by the City. This provision shall be subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 6) Independent Contractor 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 13 aummisiravve procedures applicable to services rendered under this Agreement shall be those of Artist, which policies of Artist shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Artist's funds provided for herein. The Artist agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Artist and the City and the City will not be liable for any obligation incurred by Artist, including but not limited to unpaid minimum wages and/or overtime premiums. Artist's Insurance. 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 Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability Workers' Compensation & Employer's Liability $1,000,000 $1,000,000 Statutory 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 14 City oT Tamarac Purchasing & Contracts Division writing by the City; 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. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City a sixty (60) day notice prior to cancellation. The Artist's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Artist's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The 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, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or 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 15 City of Tamarac Purchasing & Contracts Division 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 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 16 City of Tamarac Purchasing & Contracts Division 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 Mr. Roger White Stoller Stoller Studio, Inc. 198 Lucero Way Portola Valley, CA 94028 Telephone: (650) 854-4162 E-mail: roger6cPstollerstudio.com 17 City 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. 10.3 Default by City: In addition to all other remedies available to the Artist, this Agreement shall be subject to cancellation by the Artist for cause, should the City 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 City 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 18 records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 11.2 During the term of the contract, the Contractor 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 Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'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) Uncontrollable Forces 13.1 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. 19 of Tamarac Purchasing & Contracts Division 13.2 Neither party shall, however, be excused from performance if 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. 14) 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. Should the City terminate this Agreement due to lack of funding, work by Artist which has been completed and stored up to the date of termination shall be paid to Artist based on actual time and materials utilized to that date. 15) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 16) 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. 17) 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) Merger; Amendment This Agreement constitutes the entire Agreement between the Artist and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Artist and the City. 19) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results 20 from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank 21 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. CITY OF TAMARAC /I $�Zj ATTEST: Harryressler Mayor Patricia A. eufel, C M Date: City Clerk /j ichael C. Cernech 7 City Manager Date: ` Date: ESTABLISHED Approved as to form and legal sufficiency: ® 1963 SEAL C -�' ��` amue S. Goren, City Attorney r 9 Ila: Date ATTEST: STOLLER STUDIO, INC. Roger W. Stoller Date 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of b C On, �_i( before me, , it Date j, Here Jnsert Name and Title of the Officer personally appeared P t{ +`� ' 9 1C,% I I e r Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name04 is/ate subscribed to the within instrument, and acknowledged to me that he/sKthgj executed the same in his/h,ef/tWr authorized capacity(o, and that by his/htKtlmfr signature(s'J on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Commission # 210))681 , zNotary Public • California n Signature OMY San Mateo County 9 Comm. Expires Ma 1, 2019 r Signature Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: A"fir-e Document Date: _ , 2 7 Signer(s) Other Than Na ed Above O' Capacity(ies) Claimed by Signer(s) Signer's Name: Cl Corpo Officer — Title(s): Partner — ed 0 General 0 Individual 0 Aftortein Fact ❑ Trustee ❑ Guardian 2tt`-Cor Other: Signer Is Representing: It yzc . of Pages: Signer's Name: ❑ Corporate officer — Title(s): P r — 0 Limited ❑ General 0 lndividua C Attorney in Fact Cl Trustee rdian or Conservator Cl Other: Signer Is Representing: 02015 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 vo Citv of Tamarac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF \ SS COUNTY OF I HEREBY CERTIFY th ton this day, before me, an Officer duly authorized in the State aforesaid and in the Cou\he/s id to take acknowledgments, personally appeared Roger W. Stoller, PrincipaStudio, Inc., a California Corporation, to me known to be the person(s) desand who executed the foregoing instrument and acknowledged before me executed the same. WITNESS my hand and official seal this\day of > 20_. j� 23 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑❑ ersonally known to me or Produced Identification of w. rroaucea ❑ DID t e an oath, or ❑ DID NOT bkke an oath. VIALITY a sculpture city QF kmarac: Signature Sculpture Woadland u,z ri Ci ID- Tarneruc. FC_ s t o I I a r s t u d i o Tamara( Shown here ore the el no7;s i`rom Tamarac leca'ed on a "rollou!" of the heiicol term_ ir,c9,aded are the great egrot, palms, phiicdendron lecye;, li'!{e girl sw;mming, -arcs, a:n clouds, dragon Fy, orange nc.ver, passicn Rowe,, and ho-k- Rernemenl a` the metai-lace pattern wilt occui i-, Phose i. Eno! approval by the Tamarac Public Art team. Vitality Dimensions This shows the general size and shape of the artwork. ReAnemer will occur in the next phases.. s I o I I a r Istudia