HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-128Temp. Reso. No. 12876
October 25, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE PUBLIC ART
PROPOSAL, CONCEPT AND DEVELOPMENT OF A
DESIGN CRITERIA PACKAGE BY MARGI NOTHARD OF
GLAVOVIC STUDIO INC., AND THE EXECUTION OF AN
AGREEMENT ATTACHED HERETO AS EXHIBIT 1" AND
INCORPORATED HEREIN; TO DESIGN AND MANAGE A
WORK OF ART TO BE PLACED AT SUNSET POINT PARK,
IN TAMARAC, IN THE AMOUNT OF $77,900, ATTACHED
HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN;
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 finds it necessary to create an artwork of significant size
and quality to reflect the spirit of Tamarac and be impactful to pedestrians and
passerby traffic from the Sawgrass Expressway; and
WHEREAS, the City desires to implement an interactive public art installation
known as "Sunset Hammock" at Tamarac Sunset Point Park that allows the viewers
to see the Everglades from approximately 20 feet high, but not to exceed 30 feet,
while experiencing a collaborative environmental educational program which will
involve a sustainable Everglades theme; and
WHEREAS, Section 6-148 of the City of Tamarac Procurement Code excludes
artistic services or works of art from the formal bid and proposals requirements; and
WHEREAS, in the Summer of 2014, the Public Art Committee reviewed and
approved a preliminary design submitted by Margi Nothard for formal inclusion in the
City's application to the National Endowment for the Arts (NEA), Our Town Arts
Endowment Gant Award Program, and
Temp. Reso. No. 12876
October 25, 2016
Page 2
WHEREAS, on October 22, 2014 the City Commission approved Resolution
2014-110 accepting a grant award of $25,000 from the Our Town Arts Endowment of
NEA for design of the public art project at Sunset Point Park; and
WHEREAS, The Public Art Committee sitting as a recommending body
determined that Margi Nothard of Glavovic Studio, Inc. ("Artist") best meet the needs
and requirements of the City to develop design specifications suitable to allow the City
to solicit bids to construct Sunset Hammock at Sunset Point Park; and
WHEREAS, in accordance with Section 5-305(b)(3) of the City of Tamarac
Code of Ordinances, the Public Art Committee recommends that Margi Nothard of
Glavovic Studio, Inc. be selected to develop a design criteria package suitable for
formal bidding to include a schematic design, design development, construction
documents and construction administration for installation of the Sunset Hammock
artwork to be installed at the Sunset Point Park in the City of Tamarac; and
WHEREAS, the Public Art Committee and Margi Nothard of Glavovic Studio,
Inc. have agreed upon a contract price of $77,900 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
Margi Nothard of Glavovic Studio, Inc.; 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 and authorize the development of a design criteria
package by Margi Nothard of Glavovic Studio, Inc. for a public art sculpture to be
placed at the Sunset Point Park in the City of Tamarac for a contract price of $77,900;
Temp. Reso. No. 12876
October 25, 2016
Page 3
a copy of said Agreement is included herein as Exhibit 1" (attached hereto,
incorporated herein, and made a specific part thereof).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: It is hereby found and determined that the approval of the public
art concept, proposal and development of the design criteria package by Margi
Nothard of Glavovic Studio Inc. 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 Margi Nothard of Glavovic Studio Inc. for a contract price of $77,900,
a copy of said Agreement is attached hereto as Exhibit "'I".
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.
Temp. Reso. No. 12876
October 25, 2016
Page 4
PASSED, ADOPTED AND APPROVED this �day of , 2016.
HARRY DRESSLER,
MAYOR
ATTEST:
__V
C4
PATRICIA TEUFE CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER (P-4)
DIST 1: COMM. BUSHNELL (/
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
d- At, //P/m.
SAM EL S. GOREN
CITY ATTORNEY
v „,
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
GLAVOVIC STUDIO INC.
THIS AGREEMENT is made and entered into this day of aqwfx
, 2016, 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
Glavovic Studio Inc. with its principal place of business located at, 724 NE 3rd Ave Fort
Lauderdale, FL 33304 (the "Artist") to provide for the creation of an original design for
artwork for the City of Tamarac in Sunset Park, located at 11000 W. McNab Road,
Tamarac, specifically at the south edge of the park, which is to be integrated into the
South Berm currently existing in Sunset Park. The project shall be known as "Sunset
Hammock"
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 Scope of
Services and Fee Proposal titled "City of Tamarac — Public Artist — Scope of Services
and Fee Proposal — Sunset Hammock' dated September 26, 2016 which has been
incorporated herein as a part of Section 2, "The Work", Section 4 "Contract Sum", and
Section 5, "Payment"; 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. PUBLIC ART DESCRIPTION: The City of Tamarac, Florida has
commissioned Margi Glavovic Nothard through Glavovic Studio, Inc. to
create Sunset Hammock, an Artwork of significant size and quality to be
located at Sunset Park located at 11000 W. McNab Road, Tamarac,
Florida. The artwork will reflect the spirit of Tamarac and be impactful to
pedestrians and passerby traffic from the Sawgrass Expressway both day
and night at this highly active park. Artist Margi Glavovic Nothard will be
responsible for the creation and installation of the final work.
2.2 ARTWORK QUALITIES: The Artwork is emphasizing the City of
Tamarac's desire to commission artwork that allows the viewers to see the
Everglades, while depicting the city's mission as `The City for Your Life'.
The artist will collaborate with a 501(c) 3 that is developing a permanent
interactive educational program which will involve a sustainable
Everglades theme. The sculpture should be interactive and ADA compliant
while providing a view of the surrounding Everglades from approximately
26 feet high but not to exceed 30 feet. Once known as a retirement
community, Tamarac has become a City of families and youth. The
artwork will evoke a sense of place and provide a significant landmark to
define Tamarac.
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.
2.3 As used in this Agreement, unless the context otherwise requires: "Work"
means the work of art consisting of the development of a creative design
for the art work to be integrated in to the South Berm currently existing in
Sunset Park, in the City of Tamarac, Florida. The Artist shall perform the
following Scope of Work under this Agreement as set forth below:
2.3.1 The Artist and/or its authorized agents and representatives shall
perform all services related to the artistic design, and shall
coordinate activities with any consultants and/or general contractor
/ construction firm with whom the City contracts
2.3.2 The Artist shall determine the artistic expression, scope, design,
color, size, material, and texture of the Work.
2.3.3 Artist shall perform the following tasks during the life of this
Agreement, which shall be divided into four (4) Phases:
2.3.3.1 Phase 1 -- Schematic Design Phase:
a. Tasks
Schematic Design documents furthering the overall
conceptual design, including preliminary plans,
sections and elevations of the west vertical element
(Community Periscope) in concept and schematic
design have been developed with input from the
Public Art Committee and Project Managers.
b. Deliverables include :
• 3D drawings furthering the concepts
• SD Phase Plans, Sections and Elevations
• Preliminary Material Selections
• Preliminary narratives and review of meetings with
City staff and educational partner as required
• Includes required code reviews as required.
• Preliminary Cost Estimate
• Coordination with City Consultants
• PDF File format and Presentation to Public Art
Committee and City Commission where necessary
• Various Presentations including Public Workshop
2.3.3.2 Phase 2 — Design Development Phase:
a. Tasks
• Scaled Drawings with Material selections, plans,
sections and elevations with dimensions for
Project.
• Coordination with City Consultants
• Deliverables include :
• DD Phase Plans, Sections and Elevations to
Scale
• Confirmed Material Selections
NOTE:
• Artist has commenced this phase.
• Modification of Materials required to explore
construction of project in Metal per City Request.
b. Deliverables include :
• PDF File format
2.3.3.3 Phase 3 — Construction Document/Permit Phase:
a. Tasks
• Final Design required for preparation of Design
Criteria Package for furthering the overall Artwork
Design Documents, including plans, sections,
elevations and details of project as required to
provide a set of documents to meet the design intent
of the Artwork.
• Work with Contractor's Design/Build Team to
facilitate final Construction and Permit documents
furthering the overall Artwork Design Documents,
including plans, sections, elevations and details of
project as required to provide a set of documents
that meet the Florida Building Code, as well as
applicable Broward County and City of Tamarac
codes, and design intent of the Artwork.
• Coordination with City, Artist's Engineer, and other
engineers or consultants that the City may retain on
its own if such services are required, which may or
may not include, but not be limited to Landscape
Architects, Surveyors, Geotechnical firms, etc.
• Coordination with Design/Build Contractor's and
Artist's Engineering Teams for Structural Engineering,
Civil Engineering and Electrical Engineering if City of
Tamarac includes this in the Project.
• Coordination with Design/Build Team after design
CD's are completed.
b. Deliverables include
• Materials samples updated if necessary
• Final Cost Estimate to be provided by Design/Build
Vendor
• City to provide updated site Survey
• City to provide Geotechnical Soil engineering.
• PDF File format and Presentation to Public Art
Committee
• Design Criteria Package Narrative to be developed
with Engineering Team
• Artist to provide Design Build specifications for City
of Tamarac Sunset Point Park Hammock Design
Criteria Package with Artist Engineering Team per
limitations defined below.
• A general specification outline for the
components as they pertain to the Art
elements required and limited performance
criteria necessary to enable the project to meet
the design intent of the Artist.
• Written Notice to Proceed required from City for
next phase.
2.3.3.4 Phase 4 — Bidding & Negotiation Phase to be
conducted by City:
a. Tasks
• Artist to provide specifications for City Bidding and
Negotiation Phase
b. Deliverables include :
• Technical Specifications and coordination from
Artist at sufficient detail for City to proceed with
Construction Bid Process for Project.
• City to provide written Notice to Proceed
• Presentation to City Commission
2.3.3.5 Phase 5 — Construction Administration Phase:
a. Tasks
• Artist will coordinate and work with City selected
vendors and contractors to implement approved
permit documents to provide CA services to install
Artwork.
• Artist will attend bimonthly site visits.
• Final Payment due upon Artist approval and City
approval of Artwork
2.3.4 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 on a timely basis.
2.3.5 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.
2.3.6 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.
2.4 Warranties and Copyright
2.4.1 The Artist represents and warrants to the City that the Work will be
a unique placement and the art work does not infringe upon any
copyright. The Artist will not execute or authorize another to
execute a duplicate Work consisting of artwork 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.
2.4.2 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.
2.5 City's Responsibilities
2.5.1 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:
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.
2.5.2 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
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.
2.5.3 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.
2.5.4 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.
2.6 Artist's Requirements and Administrative Coordination
2.6.1 Artist shall coordinate and conduct a public Community Workshop
in the City of Tamarac.
2.6.2 Artist shall provide design development and modifications with
drawings and/or models sufficient to secure approval of the City of
Tamarac Public Art Committee and the City of Tamarac
Commission.
2.6.3 Development of a complete Design Criteria Plan to be included as
a part of the solicitation process.
2.6.4 Construction documents to be prepared for the solicitation
to obtain a qualified Design/Build Vendor with sufficient
detail to provide material and dimensional characteristics of
the Sunset Hammock Art Project. This shall include the
incorporation of the Design Criteria Package as part of the
solicitation document.
2.6.5 Artist shall coordinate with the City's Purchasing and
Contracts Division in the preparation of the project proposal
package (i.e. the Solicitation Package).
2.6.6 Artist shall attend a minimum of three meetings with the City of
Tamarac Public Art Committee to discuss aspects of artwork: either
via telephone or in person.
2.6.7 The PROJECT BUDGET ESTIMATE is $360,000.
2.7 Work with Others
In the execution of this project, Artist shall be responsible for coordination
of deliverables and other work product and Artist shall engage a licensed
Engineering Consultant who shall provide Structural, Electrical and Civil
Engineering, as well as Landscape Architecture and / or Irrigation; as well
as other specialty Engineering firms or professional consultants who may
provide services that include but are not limited to Surveying,
Geotechnical Services, Lighting Design or other work.
2.7.1 Artist has contracted with the Louis Berger Engineering Consultants
(Formerly Derose Design), (the "Engineer") to perform the following Scope
of Services which shall include Structural Engineering, Electrical
Engineering, and Civil Engineering:
1. Structural Engineering: this will involve establishing conceptual
foundation drawings and wind load criteria.
2. Electrical Engineer: for future Artist Lighting (LED w/Photovoltaic
specifications — as an alternative) This will establish basic circuiting, a visit
to the site to check the existing electrical room/service, and a conceptual
sketch.
3. Civil Engineering — This will include a sketch of new contour lines
over the existing Berm contour lines for the concept for Berm site grading.
4. Specifications for each discipline — This will include a general
preliminary specification outline for the components / needs of the
systems.
5. Design Criteria Package (DCP): This will include a written narrative
for the DCP.
6. Engineer will provide the Prequalification requirements for the
Engineering required and will coordinate this with the Public Artist in order
to find the basic experience requirements of the Design/Build team.
7. Scope of service requirements: Engineer will provide a general
work description for each of their engineering categories.
8. Letters of interest requirements. This will be a review and
supplement to the traditional RLI requirements.
9. Short -listing criteria and procedures: Engineer will review a check
list of requirements that must be satisfactory in the selection process
along with providing a basic consultation on said procedures.
10. Bid proposal requirements. Submittal package requirements will be
reviewed with Engineer recommendations as well as a check list of
component inclusions.
11. Technical review committee: Engineer will review and comment on
the D/B submittal drawings as to the compliance with the engineering
requirements.
12. Selection and award processes: Engineer will provide consultation
with Public Artist and the Owner as needed to answer any questions or
review the selected Vendor issues.
2.7.2 The City shall also contract with a licensed General Contractor /
Construction firm for the actual site work, fabrication and construction of
the project in accordance with the requirements of the solicitation
documents, including the Design Criteria Package. Artist shall coordinate
with the construction contractor to insure that project is constructed in
accordance with Artist's concept and schematic design.
2.7.3 Other Specialty Engineering or Consultants Required:
Landscape Architect, Geotechnical, Survey, Lighting Design or Other, etc.
not included in Artist Fees, to be procured by City and Design/Build
Vendor. Artist coordination not included. Artist will provide Additional
Services for coordination as requested. No such work shall be conducted
unless approved in writing by City.
Hourly Rates for Additional Optional Services:
Artist and Glavovic Studio Hourly Rates
Artist/Principal/Design Director
$275/HR
Senior Architect
$225/HR
Staff Architect
$195/HR
Senior Project Manager
$175/HR
Project Manager
$150/HR
Project Designer/Coordinator
$135/HR
CAD/Technician
$125/HR
Staff Writer
$95/HR
Administration/Clerical
$85/HR
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 and/or constructing contractor. 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.
The specifications for maintenance and repair contained in the Technical
and Mechanical Record and in the "As -Built Drawings" to be provided by
constructing contractor engaged by the 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 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.
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 prepared by Artist, other consultants or the constructing
contractor 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.
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
The City agrees to pay Artist a fixed sum not to exceed Sixty -Four Thousand
Nine Hundred Dollars and no cents ($64,900.00) for work completed under this
Agreement. The components of the fee are as follows:
Schematic Design Phase:
(Completed — due upon signing Agreement)
Design Development Phase:
Construction Document/Permit Phase:
Construction Administration Phase:
Total Artist Fee:
25% $16,255.00
20% $12,980.00
35% $22,715.00
20% $ 12,980.00
$64,900.00
In addition, Artist has contracted with Lewis Berger Engineering Consultants (the
"Engineer") to perform Structural Engineering, Civil Engineering and Electrical
Engineering for a not to exceed fee of Thirteen Thousand Dollars ($13,000.00). Artist
shall invoice the City for payment of engineering fees during the course of the project.
Total Artist's Engineer's Fee
$13,000.00
ARTWORK PROJECT SCOPE J COST OF MATERIALSIWORK
The City F., Your Lsla
Artist Design Fee 1 $64,900.00
ineering Fee for Design Criteria Pkq. 1 $13,000.00
TOTAL COST
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
provided to payment thereof.
5.1 Except as noted in Section 5.5 herein, milestone Payments to be made at
50% and at 100% of each phase shown in Section 2.3.3 of this Agreement
herein.
5.2 Schematic Design Phase Completed: $16,255.00 is due upon signing
Agreement.
5.3 City shall issue Notice to Proceed prior to proceeding with each phase
shown in Section 2.3.3 of this agreement herein.
5.4 Construction Administration Phase Visits to the Site and Meetings at
Intervals required by the Owner to ascertain if the Construction of the
Project meets the Design Intent of the Construction Documents provided
to the Vendor and the Permit Documents submitted to the City.
5.5 Artist scope includes services to assist in the selection of the Design Build
Vendor for the Project, these services are included in the CA Phase.
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.
5.7 Payment Schedule:
Installment 1: (Schematic Design Phase — 25%) Installment 1 in the
amount of Sixteen thousand, Two hundred Fifty -Five dollars ($16,255.00)
is due and payable by the City to the Artist upon signature of the Artist
Contract. It is understood that the Schematic Design for the Project has
occurred prior to the execution of this Agreement, and has been approved
as 100% complete.
j: 6
Installment 2: (Design Development Phase — 20%) Installment 2 in the
amount of Twelve thousand, Nine Hundred Eighty dollars ($12,980,00) is
due and payable by the Owner to the Artist upon completion and approval
by the City in writing of the Design Development Phase.
Installment 3: (Construction Document Phase — 35%) Installment 3 in the
amount of Twenty -Two Thousand, Seven Hundred Fifteen Dollars
($22,715.00) is payable in two equal parts by the City to the Artist. The
first portion ($9,450) upon 50% completion of Construction Documents,
and the second 50% upon delivery of a completed Construction Document
set to be used by the Contractor for Permitting.
Installment 4: (Construction Administration Phase — 20%) Installment 4 in
the amount of Twelve Thousand, Nine Hundred Eighty dollars ($12,980) is
due and payable by the City to the Artist upon issuance of a contract to
the Building Contractor. Artist will assist the City in presentations and
meetings, and by clarifying and answering questions by the contractors.
Artist shall review shop drawings, and make regular visits to the site to
verify compliance with the Construction Documents. Artist will also
respond in a timely manner to RFI's from Contractor.
Please Note: The Artists Fee is based on 15% of Total Project Budget.
Per Standard AIA Contract Document B103-2007, Standard Form of
Agreement Between Owner and Architect, Article 1.2, the Owner and
"Artist" may rely on the Initial Budget to establish Artists fee. Both parties,
however, recognize that such information may materially change and, in
that event, the Owner and the "Artist" shall appropriately adjust the
schedule, the Artists services and the Architect's compensation. Terms
"Artist" has been substituted for "Architect", and "City" has been
substituted for "Owner".
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
administrative 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:
Limits
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $1,000,000 $1,000,000
Including:
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 $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 City; however, Artist shall be responsible for obtaining a waiver for
Worker's compensation coverage from the State of Florida Division of Workers'
Compensation.
Occurrence Aggregate
Professional Liability: $1,000,000 $1,000,000
Note: "Claims -Made" forms are acceptable for Professional Liability insurance.
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
7.2 Artist's Engineer's Insurance
Artist shall provide evidence that Artist's Engineer maintains the same level of
insurance as required for the Artist as shown in Section 7.1 herein.
7.3 General Insurance Requirements
Neither Artist, Artist's Engineer 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 at least 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.
7.4. Indemnification
7.4.1 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
termination hereof.
7.4.2 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.
7.4.3 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.
7.4.4 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
_....:..._......... . ___._.._..___._._.......... - — ..___ _ _..___ — ---------------- ..._ _—_,___ ._...................
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
Ms. Margi Glavovic Nothard,
President/Design Director
Glavovic Studio inc.
724 NE 3`d Avenue
Fort Lauderdale, FL 33304
margi(a)glavovicstudio.com
(954) 524-5728 Telephone
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
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.
13.2 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.
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.
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
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.
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.
Date: ,v
0V6�73 CC =
�D'C'O,
ATTEST:
Date:
Approved as to form and legal sufficiency:
- -)� �'J/ A - A"
S uel S. Goren, CiVAttorney
Date
GLAVOVIC STUDIO, INC.
Marai Glavovic Nothard
President / Design Director
SignaVre of Artist
- /0/ LOO 16
Date
CORPORATE ACKNOWLEDGEMENT
STATE OF FtOVA�-
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COUNTY OF
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
Margi Glavovic Nothard, President / Design Director of Glavovic Studio Inc., a Florida
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 10L�5- 20
Signature of Notary Public
VIKTORIYA LOSHKINA State of Florida at Large
=o� ; �: Notary Public -State of Florida I
My Comm. Expires Nov 12, 8 //, �n
Y `a"' Commission # EE 220968 V
,s ' -
Bonded Through National Notary Assn. Print, Type or Stamp
Name of Notary Public
❑Personally known to me or
® Produced Identification
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Type of I.D. Produced
HDID take an oath, or
DID NOT take an oath.