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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-001Temp. Reso. No. 12590 December 23, 2014 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA ACCEPTING AND EXECUTING THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC, FLORIDA TO PROVIDE PUBLIC ARTWORK RELATING TO THE BROWARD-100 CENTENNIAL CELEBRATION; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the provision of public art by the City of Tamarac ("City") provides a valuable natural attraction to residents and visitors and is an essential component to a strong community; and WHEREAS, Broward 100 - Celebrating the Art of Community, is a yearlong, community wide celebration commemorating the centennial of Broward County with bold, innovative art and performance projects designed to attract visitors and bring Broward County residents together using the arts, sports, and recreation venues; and WHEREAS, the yearlong celebration will be framed by four distinct cornerstones of community engagement; VisualEYES, Inside Out Broward, Calender 100 and a culminating event; and WHEREAS, in May, 2014, the City was notified of its selection for the Broward 100 Mural Project, a component of the VisualEYES category, representing northern cities in one of nine (9) County Commission Districts in Broward County; and Temp. Reso. No. 12590 December 23, 2014 Page 2 of 4 WHEREAS, the City has committed to provide certain in -kind assistance and a location on the Broward County Sheriff Public Safety Building, owned by the City and located on the City Hall campus, to place the artwork in conjunction with the Centennial under the terms and conditions of the Agreement as more detailed in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the County agrees to provide certain benefits to the City to include the selection and compensation of the artist as stated in the Agreement in consideration for the City's in -kind contribution as further detailed in the Agreement; and WHEREAS, the term of the Agreement is for five (5) years commencing on the County's written acceptance of the installed artwork, unless earlier terminated in accordance with the Agreement; and WHEREAS, the Director of Community Development and the Public Art Administrator, recommends executing the Agreement between Broward County and the City of Tamarac (attached hereto as Exhibit "A") to provide for the installation and maintenance of an artistic mural on the Broward Sherriff Public Safety Building on the City Hall campus-, 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 authorize the appropriate City officials to accept and execute the Agreement between Broward County and the City of Tamarac for the installation and maintenance of an artistic mural on the Broward Sherriff Public Safety Building located at 7525 N. Pine Island Road, on the City Hall campus. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Temp. Reso. No. 12590 December 23, 2014 Page 3 of 4 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 attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The appropriate City officials are hereby authorized to accept and execute The Agreement with Broward County, included herein as Exhibit "A". SECTION 3: The City Manager or his designee is hereby authorized to approve any renewal options and the extension of said acceptance of this Agreement as may be authorized by Broward County. 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: passage and adoption. This Resolution shall become effective immediately upon its Temp. Reso. No. 12590 December 23, 2014 Page 4 of 4 PASSED, ADOPTED AND APPROVED this day of 2015. A RY DRESSLER, MAYOR ATTEST: ~PATRICIA TEUF MC CITY CLERK RECORD OF COMMISSION VOTE MAYOR DRESSLER l /' DIST 1: VICE MAYOR BUSHNELL �'---_ DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER/i DIST 4: COMM. PLACKO �C -- I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA UEL S. GOREN CITY ATTORNEY EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR BROWARD-100 VISUAL EYES PROJECT This Agreement ("Agreement") is made and entered into by and between Broward County ("County"), a political subdivision of the State of Florida, and the City of Tamarac ("City"), a Florida municipal corporation. County and City are collectively referred to as the "Parties." WHEREAS, County and City desire to enter into this Agreement in order to provide for public artwork relating to the Broward 100 Centennial Celebration ("Centennial"), and WHEREAS, the City has committed to provide certain in -kind assistance and a location to place the artwork in conjunction with the Centennial under the terms and conditions of this Agreement as more detailed on Exhibit "Al," which is attached hereto and incorporated herein by reference; and WHEREAS, the County agrees to provide certain benefits to the City as provided in Exhibit "Al" in consideration of the City's in -kind contribution as provided in Exhibit "Al": and WHEREAS, the County and the City find and declare that this Agreement serves both a municipal and public purpose; and WHEREAS, the County Administrator has authority to enter into this Agreement as approved by the Broward County Board of County Commissioners under Agenda Item #48 on September 10, 2013, as part of the Broward-100 Centennial activities. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Scope of Services. The County and the City shall perform their respective responsibilities as set forth in this Agreement inclusive of the Exhibits. 2. Term. The term of the Agreement shall commence upon the execution of this Agreement by the County Administrator ("Effective Date"), and shall continue for a term of five (5) years following the Contract Administrator's written Final Acceptance of the installed Artwork, as defined in Exhibit "Al," unless earlier terminated in accordance with this Agreement. The Parties may agree to extend the term of this Agreement through the execution of a written amendment executed by the County Administrator and the City's Manager or its administrative head. After the ending date of the term stated in Section 2 herein, the City may continue to retain the Artwork at its Site without further involvement by the County, however, the City's maintenance responsibility as to the Artwork and the Site will continue as long as the City chooses to retain the Artwork. Broward and Tamarac Centennial Agreement Page I of 17 EXHIBIT "A" 3 Compensation. The in -kind consideration for the County's placement of the Artwork on the City's property shall be in accordance with the terms and conditions contained in Exhibit "Al." 4. Termination. This Agreement may be terminated by the County upon providing no less than thirty (30) days' written notice to the City of the termination date. The County Administrator is authorized to provide the termination notice on behalf of the County. 5. Public Records. As a political subdivision of the State of Florida, County is subject to Florida's Public Records Law, Chapter 119 of the Florida Statutes. Notwithstanding anything else in this Agreement, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119 shall not constitute a breach of this Agreement. To the extent the City is acting on behalf of the County as stated in Section 119.0701, Florida Statutes, the City shall: a. Keep and maintain public records that ordinarily and necessarily would be kept and maintained by County were County performing the services under this Agreement; b. Provide the public with access to such public records on the same terms and conditions that County would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law-, C. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to County, at no cost, all public records in possession of City upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to County in a format that is compatible with the information technology systems of County. The failure of City to comply with the provisions of this paragraph shall constitute a material breach of this Agreement entitling the County to exercise any remedy provided in this Agreement or under applicable law. Notwithstanding the foregoing paragraph, the City reserves the right to retain one copy of any public records as it pertains to the services rendered in accordance with the Agreement. Broward and Tamarac Centennial Agreement Page 2 of 17 EXHIBIT "A" 6. Insurance: 6.1 County's Insurance: County represents that it is a state agency or political subdivision as defined in Section 768.28, Florida Statutes, and agrees to furnish the City, upon request, with written verification of liability protection in accordance with state of Florida's laws. 6.2 City's Insurance: 6.2.1 City represents that it is a state agency, political subdivision or municipality as defined in Section 768.28, Florida Statutes, and agrees to furnish the County, upon request, with written verification of liability protection in accordance with state of Florida's laws. 6.2.2 If City subcontracts any work under this Agreement, City shall ensure that each subcontractor names County as an additional insured in the name of "Broward County" under the subcontractor's general liability insurance policy and any excess liability insurance policy. 6.2.3 City's contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, the minimum insurance of the types and amounts as set forth in Exhibit "B." A copy of which is attached hereto and incorporated herein by reference as if set forth in full, and shall name "Broward County" and "Broward County Board of County Commissioners" as additional insureds. 7. Governmental Immunit . City and County are state agencies or political subdivisions of the State of Florida. Each party agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. Nothing herein constitutes or shall be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. 8. Agreement between Countv and Artist. The following language shall be included in the Agreement between the County and the Artist: a. Independent Contractor: This Agreement does not create an employee or employer relationship between the City and the Artist. It is the intent of the Parties that the Artist is an independent contractor under this Agreement and not the City's employee for Broward and Tamarac Centennial Agreement Page 3 of 17 EXHIBIT "A" 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 Workers' Compensation Act, and any State Unemployment Insurance laws. 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. The Artist agrees that he or she or it is separate and independent from the City, that he or she or it had full opportunity to find other business, that Artist has made his or her or its own investment in his or her or its business, and that he or she or 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. b. Artist shall endeavor to provide a workers' compensation exemption pursuant to Chapter 440, Florida Statutes. 9. Nondiscrimination. City may not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement, except that any project assisted by U.S. Department of Transportation funds shall comply with the non-discrimination requirements in 49 C.F.R. Parts 23 and 26. City shall include substantially similar language in its contracts with any and all permitted subcontractors or sub -consultants. 10. Governing Law, Venue And Waiver Of Jury Trial. This Agreement shall be interpreted and construed in accordance with, and governed by the laws of the State of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the Parties agree that the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CAUSE OF ACTION OR CLAIM ARISING FROM, RELATED TO, OR IN CONNECTION WITH THIS AGREEMENT. 11. Notices. In order for a notice to a party to be effective under this Agreement, notice must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the addresses listed below and shall be effective upon mailing. The Broward and Tamarac Centennial Agreement Page 4 of 17 EXHIBIT "A" addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change. Notice to County: Broward County Cultural Division Attn: Earl Bosworth, Director 100 S. Andrews Avenue, 6 th floor Fort Lauderdale, Florida 33301 Email address: EBosworth@broward.org With simultaneous e-mail copy to: Ifordham@broward.org Notice to City: City of Tamarac Attn: Michael C. Cernech, City Manager 7525 NW 88 th Avenue Tamarac, FL 33321 Email address: Michael.cernech@tamarac.org With simultaneous e-mail copy to: Maxine. calloway@tamarac.org Any other e-mail addresses in any other section of the Agreement, including Exhibits, can be changed at any time by any of the party by providing e-mail notification to the other parties from the individuals identified in this section as changed from time to time. The Director of the Cultural Division will serve as the Contract Administrator for the County, and the City's Community Development Director will serve as the contract representative for the City. 12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 13. Miscellaneous. This Agreement is intended to establish and maintain an ongoing relationship between the Parties. This Agreement does not establish or authorize any affiliation, endorsement, or liability between the organizations. The County is an independent contractor under this Agreement. The County, its officers, employees or agents are not officers, employees or agents of the City under this Agreement. The City, its officers, employees, or agents are not officers, employees or agents of the County. The City shall not have the right to bind County to any obligation not expressly stated in this Agreement. Nor does the County have the right to bind the City to any obligation not expressly stated in this Agreement. The Parties acknowledge that there are no third party beneficiaries under this Agreement. 14. Entire Agreement. This Agreement (together with any Exhibits made part of herein) shall constitute the entire agreement between the Parties and supersedes all prior agreements, representations, and understandings of the Parties, written or oral. Broward and Tamarac Centennial Agreement Page 5 of 17 EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR BROWARD-100 VISUAL EYES PROJECT WITNESSES: Signature Print Name above Signature Print Name above Insurance requirements approved by Broward County Risk Management Division By Signature (Date) Print Name and Title above COUNTY Broward County 10 Bertha Henry County Administrator day of 120 Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Teiecopier-. (954) 357-7641 By Andrea S. Froome (Date) Senior Assistant County Attorney ASF-dp 2014-12-22 Tamarac - Broward 100 Mural Project.Agr#01 12/22114 #14-110.07 Broward and Tamarac Centennial Agreement Page 6 of 17 EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC FOR BROWARD-100 VISUAL EYES PROJECT CITY WITNESSES: Signature TM/# /P/- APrintame of Witness ab veure Print Name of Witness a ove (SEAL OR NOTARY) APPROVED AS TO FORM: City of Tamarac 4B, u orized Signor Mc 1G C�<�Fcin C�- AW& er Print Name and Title day of 7aAL&Q V 20 ATTEST: erson ���\EsNBAC authorized to attest -A _- �v ® �a�� Q LL BY: OF 9E OF ATHE CITY ATTORNEY Broward and Tamarac Centennial Agreement Page 7 of 17 EXHIBIT "A" EXHIBIT "Al" SCOPE OF SERVICES For Broward 100 VisualEyes Project - For Agreement Between Broward County and The City of Tamarac 1. PURPOSE: City has proposed a Site (as described in Section 2 below) which is owned by the City (as the "Property Owner") for an artwork. Such site has been selected by the County, through its Broward Cultural Council ("Council"), for the Broward-100 Visual Eyes project ("Project") and includes Art of Community Initiatives ("Initiatives") which are components of the Broward 100-Celebrating the Art of Community program for Broward County's Centennial ("Centennial"). As described by the Cultural Division ("Division") and one of its Centennial's sponsors (the Community Foundation of Broward, Inc.), the Initiatives seek to use art to bridge, bond, and build communities. City will use the Site for an artwork ("Artwork") installation by an artist commissioned by the County, through the Division. The City will also jointly organize and facilitate dialogues, workshops, and community meetings between the commissioned artist(s) ("Artist(s)"), the residents, and business owners of the City. The City shall maintain the Artwork for a minimum of five (5) years following written final acceptance by the County's Contract Administrator or the term stated in Section 2, whichever is longer evidencing to the City that the Artwork is fully accepted by the County and meets the requirements of the contract between the County and the Artist(s) ("Final Acceptance"). The Art of Community Programming Committee ("ACPC") has been established by the County, through its Division, to provide guidance and direction during the planning and implementation of the Initiatives. The ACPC seeks to attain three key results of engagement through the selection of the Site and the City for the project as follows.. (1) People are connected through civic engagement that uses the arts to reach common goals; (2) Community problems are solved collaboratively using the arts to bridge different sectors; and (3) The arts are recognized as essential to a strong community. 2. LOCATION: The Site selected by the County, through its Cultural Council for the Artwork is, the exterior of the City -owned building located at 7525 N. Pine Island Road, Tamarac, Florida 33321. The building is currently utilized by the Broward Sheriff's Office ("BSO") through a Police Services General Condition Agreement, however, the City shall be solely responsible for coordinating access to the Site by the Artist(s), including any subcontractors, and obtaining any required prior written approval of BSO, if any, for use of the Site for the purposes specified under this Agreement. The City represents to County that there is nothing in the City's and BSO's Police Services General Condition Agreement which prohibits the City from entering into to this Agreement, including for the Term stated in Section 2. The total wall space available to the Broward and Tamarac Centennial Agreement Page 8 of 17 EXHIBIT "A" Artist(s) at the Site shall be 33 feet wide by 14 feet high as described more fully in Attachment 1 to Exhibit Al. 3. BACKGROUND DESCRIPTION OF PROJECT: The County is commissioning artists to create exterior Artwork for the Broward-100 Visual Eyes project. A minimum of one artwork project ("Project") will be implemented in each of the nine (9) County Commission Districts. The Division will manage the artist selection process through a Call to Artists. Artist(s) will be selected and assigned to a Site by the Council based upon recommendations from the ACPC. Artwork will be painted and applied to walls owned by the City. The City as the selected entity must be willing to contract with the County and allow the Artwork to remain in place for a minimum of five (5) years, commencing from the date of written final acceptance or Final Acceptance of the completed Artwork by the Contract Administrator. The Artist(s) shall provide a warranty for the Artwork for two (2) years commencing from the date of written final acceptance or Final Acceptance. Maintenance of the Site ("Site Maintenance") is the sole responsibility of the City as the property owner. Site Maintenance includes, but is not limited to, the removal of trash, stickers, or graffiti, and trimming of trees and shrubs that may prevent viewing of the Artwork(s). Site Maintenance also includes repair to the wall (such as filling cracks and holes in the surface, repair of roof, or wall leaks that may accelerate the deterioration of the Artwork, and repair to the wall's surface treatment) as needed. All contract terms between the selected Artist(s) and the County will automatically transfer to the City upon County's Contract Administrator's written Final Acceptance of the Artwork and Contract Administrator providing written notice with a copy of such Final Acceptance to the City. Automatically upon such transfer, all references to the "County" shall mean the "City"; however, the governmental immunity, venue, and governing law provisions shall also continue to apply to the County and will survive and remain in effect as between the County and the Artist. After the transfer, the County (including its Division and its Greater Fort Lauderdale Convention & Visitors Bureau and the Community Foundation of Broward, Inc.) shall retain the right to use images of the Artwork for non-commercial purposes, including, but not limited to, displaying the Artwork as part of its public art and design program on its website, as part of any other display medium, or for any other non-commercial purposes. The Project is not a community design project, and the Artwork will be the original creative concept of the Artist(s). 4. ADMINISTRATIVE COORDINATION: The Contract Administrator (as defined in Section 11 ("Notices") shall serve as, or designate, a Division's Project Manager ("Project Manager"). The City will appoint or has appointed a liaison ("Liaison") which City may change from time to time in writing (via e-mail or otherwise) to the e-mail address in Section 11 ("Notices"). City, through its designated Liaison, shall maintain communication with the Artist(s) and Project Manager via telephone, fax, letter, ore - mail and shall provide progress updates in writing (by e-mail or otherwise) as requested by the Project Manager. Broward and Tamarac Centennial Agreement Page 9 of 17 EXHIBIT "A" Project Schedule: A written plan and schedule for the community engagement component of the Project (defined as dialogues workshops, meetings, charrettes, or any other outreach events envisioned by the Artist(s) and where the Artist(s) will meet with the community, and such activities will inform of the Artist(s) design) will be provided by the County in writing (by e-mail or otherwise) to the City, through its designated Liaison. A written schedule for implementation and completion of the Artwork will be submitted to the City as soon as possible upon approval of the Artwork design by the ACPC. A written plan and schedule may be adjusted based on the needs of the Artist(s) with the prior written approval (by e-mail or otherwise) from the Contract Administrator in his or her sole discretion. The City, through its Liaison or City Manager, may also request adjustment to the schedule which is subject to the prior written approval (by e-mail or otherwise) of the Contract Administrator in his or her discretion prior to such adjustments. The City, through its designated Liaison, shall provide the Artist(s) with reasonable access to the Site, all requested information about the community and the Artwork's Site and shall inform the Artist(s) of any limitation, such as working hours, parking restrictions, and events taking place on or near the Site which may impact the Artist's schedule. The City's Liaison shall notify the Project Manager in writing (by e-mail or otherwise) within three (3) business days if the Artist(s) fails to meet any agreed upon deadlines or in the event there is a need to further coordinate other matters that affect the scheduled completion date for the Artwork. 5. COLLABORATION AND COORDINATION: After considering recommendations from the ACPC, the County, through its Council in its sole discretion, will assign the selected Artist(s) to the approved Site. The County, through its Council, in its sole discretion, may replace the assigned Artist(s) for any reason it determines necessary in order to ensure the timely completion of the Project or for any other reason. The County's determination as to replacement of the assigned Artist(s) will be final, and the City will cooperate with the assigned Artist(s), including the replacement(s), if any. The Contract Administrator will issue the Notice to Proceed to the Artist(s) in writing (by e-mail or otherwise) as soon as possible following execution of the contract between the County and the Artist(s) and at each project milestone. Project milestones include, but are not limited to, the following: 1) community engagement and 2) approval of Artwork design and Artwork implementation at the Site. Community Engagement: The City's Liaison is required to, and the County (in its contract with the Artist(s)) will require the Artist(s) to, attend one (1) County workshop that will provide an overview of the Project's goals and instructions on compiling and implementing a plan to engage with the community prior to design of the Artwork. The City's Liaison shall, and the County will require the Artist(s) to, collaborate with each other to create a written Community Engagement Plan ("Plan") for written approval (by e-mail or otherwise) by the County (through its Contract Administrator or Project Manager in his or her sole discretion). At such meetings, the Artist(s) can gather Broward and Tamarac Centennial Agreement Page 10 of 17 EXHIBIT "A" information and ideas from the City and the community that may influence the visual content of the Artwork design; however, the final Artwork will be the Artist(s) creative concept and neither the City nor the community will have a claim to such concept except as otherwise provided in this Agreement or in the contract between the County and the Artist(s). Design of Artwork: The Contract Administrator will issue the Notice to Proceed to the Artist(s) in writing (by e-mail or otherwise) to design the Artwork for the Site upon receipt of documentation from the Artist(s) and confirmation from the Liaison that the activities outlined in the approved Plan are complete. The Artwork design will be an independent creative work of art by the Artist(s) and, therefore, does not need to represent the image of the City, persons residing in the City, or deceased residents of the City. The County will require the Artist(s) to first obtain the prior written approval of the Contract Administrator (by e-mail or otherwise) and any individual whose image is being incorporated (or his or her written legally authorized person) before proceeding to incorporate a portrait of any living or deceased person into the Artwork. The County will also require the Artist(s) to provide a copy of such authorization to the County. City shall inform the Project Manager and the Artist(s) in writing (by e-mail or otherwise), within three (3) business days of complete execution of this Agreement, of all City's policies, ordinances, or resolutions stipulating naming rights or use of images of living or deceased persons in, or on, City property, including (but not limited to) creative work of art or artworks. I The County will require the Artist(s) to create two (2) designs and the City, through its designated Liaison, shall, in writing (by e-mail or otherwise) within fifteen (15) business days of receipt, notify the Project Manager of the design selected from the two (2) designs for implementation by the Artist(s) as approved in a letter, signed by the Mayor or City Manager on behalf of the City. The City will allow the County to affix the County's sign to the wall at the Artwork's Site naming the Artist(s) and title of the Artwork. A Quick Response ("QR") code (that is, a machine-readable code consisting of an array of black and white squares, for reading by the camera on a smartphone with a link to the Broward 100 website) may be included in the signage at the Site. The names of the Broward County Board of County Commissioners, reference to the Broward County Board of County Commissioners, reference to the City of Tamarac, the names of the City Commissioners at the time this Agreement is approved, or delegated for approval, by the City Commission, and Broward 100 sponsors as approved in advance in writing by the Contract Administrator may be included in the Artwork's signage. Broward and Tamarac Centennial Agreement Page 11 of 17 EXHIBIT "A" 6. DESCRIPTION OF DELIVERABLES: City's Liaison will meet with Artist(s) within ten (10) business days of being notified in writing (by e-mail or otherwise) by the Project Manager that the Artist(s) has been assigned to the Project and an agreement between the Artist and the County has been fully executed. The County's Project Manager will provide the Artist(s)' draft of the Plan to the Liaison for review by the City. The City will review and approve in writing (via e-mail or otherwise) the Plan within five (5) business days of receipt. The City will not unreasonably withhold approval of the Plan. After the City's approvals, the County's Project Manager will, in his or her sole discretion, approve the Artist(s)' Plan and provide the approved plan to the City within five (5) business days along with his or her written approval. The Liaison will organize, schedule, and facilitate community meetings or dialogues in accordance with the Plan. The County will submit two (2) Artwork design proposals and a conceptual work schedule to the City's Liaison. The City's Liaison shall submit a letter to the County's Project Manager within fifteen (15) business days following receipt, signed by the City Administrator or Mayor, indicating that the City agreed upon the first and second choice(s) of the design(s) for the Artwork. Within five (5) business days of receipt, the City may request minor changes to the design,- however, the Project Manager in his or her sole discretion will determine if the changes are minor. Major changes to the design may not be requested by the City and if so requested may be denied in the sole discretion of the Contract Administrator as identified in Section 11 (Notices). For purposes of this Agreement, major changes to the design are defined as a complete redesign, change of theme, imagery, color, or content of the Artwork or change of Artist(s). The Council, through its ACPC, shall make the final design selection for the Site. The City shall not use any artwork design proposals from the Artist(s) for commercial or any other purpose without prior written approval from the Contract Administrator and the Artist(s) prior to the transfer of the contract between the County and the Artist(s) to the City. City shall obtain the prior written approval of the Artist(s) after the transfer of such contract to the City for any commercial usage or as otherwise agreed in writing at such time between the City and the Artist(s). City's Liaison will schedule and coordinate all required reviews of the Artwork proposal by its City Commission, Planning Department, or any required City review panels and shall expedite the process to ensure the approved Artist(s)' schedule can be met for all requirements by the City. City, through its designated Liaison, shall ensure that affected users and service providers are notified in writing (by e-mail or otherwise) of the implementation schedule for the Artwork. Such affected users and services includes, but is not limited to, City Departments and contractors carrying out landscaping, maintenance, or repair to or around the Site, and others providing services to the City (as the property owner) or others using the Site. The City and all users of the Site shall allow the Artist(s) to Broward and Tamarac Centennial Agreement Page 12 of 17 EXHIBIT "A" bring any required scaffolding, lifts, ladders, and other equipment onto the Site, provide workspace for the Artist(s) and secure storage space for the Artist's paints and materials. The City shall be solely responsible for coordinating with any such third party users of the Site. City will provide parking or any required parking permits for the Artist(s) while the Artist(s) is/are working at the Site. City will waive all City required permits and permit fees and any other City fees relating to the Artwork. City may contribute funds to the Project, through the Artist(s), that will be used by the Artist(s) to purchase paint with suspended metals, and City will enter into any required agreement directly with the Artist for such contribution. City may add lighting to highlight the Artwork at no cost to the County or the Artist(s). The type, style, and location of the lighting will be selected by the City in consultation with the Artist(s) and will require that the City obtain the prior written approval of the Artist(s) by e-mail or otherwise prior to installation of the lighting. City's Liaison shall attend a Site visit scheduled by the Project Manager to evaluate the wall conditions and identify any defects in the building or obstructions to the Site, such as landscaping that would prevent the Artist(s) from implementing and installing the Artwork as designed by, and as determined by, the Artist(s). The meeting may include advisors from the City as determined necessary by the City or the County's Project Manager. The Project Manager shall provide written notification (by e-mail or otherwise to the e-mail addresses in Section 10 ("Notices")) to the Liaison and the City of this meeting and any necessary corrective actions determined by the Artist and the Project Manager that will be taken by the City (as the property owner). Such notification by the Project Manager to the Liaison and the City of the required corrective action shall be made in writing within three (3) business days following the meeting. City (as the Property Owner) shall complete all necessary corrective actions or repairs to the wall no later than one (1) week prior to the scheduled painting commencement date. City (as the Property Owner) shall clean the wall no earlier than two (2) weeks prior to the scheduled Artwork's painting commencement date and no later than one week prior to the scheduled painting commencement date. The wall cleaning shall be in accordance with any written instructions provided to the Liaison by the Project Manager and Artist(s). City shall not be required to provide ladders, scaffolding, and lifts to the Artist(s) if required for use while implementing and installing the Artwork. Broward and Tamarac Centennial Agreement Page 13 of 17 EXHIBIT "A" City (as the Property Owner) will allow Artist(s) to complete the Artwork in accordance with the project schedule (as adjusted from time to time) as approved by the County and provided by the County's Project Manager to the City. City (as the Property Owner) shall ensure accessibility to the Artwork's Site and ensure all trees, shrubs, and plantings do not obstruct the Artwork's Site and the Artist(s)' ability to complete the Artwork in accordance with the project schedule approved by the County. The County will not be responsible for repairing any damage to plantings or landscaping at the Site. Any repair to said landscaping shall be the responsibility of the City (as the Property Owner). City will provide written notice to the Artist(s) prior to Final Inspection (with a simultaneous copy to the Contract Administrator) of any extraordinary damage to landscaping (that is, outside of normal wear and tear) attributable to the Artist(s) accessing the Site and may negotiate appropriate fund contribution from the Artist(s) for the repair to the landscaping, however, the County shall not have any responsibility for such damage. County may inform Artist(s) of such potential responsibility of Artist(s) in its contract with the Artist(s). Some examples of damage to landscaping include (but are not limited to) trampled lawn, plants, and shrubs). Liaison shall attend the Substantial Completion Inspection (that is, an inspection of the completed Artwork to evaluate any omissions or deficiencies) and the Final Completion Inspection (that is, an inspection of the Artwork that takes place upon the Artist notifying the Project Manager that all identified deficiencies and omissions have been corrected) of the completed Artwork scheduled by the County's Project Manager. Final Completion Inspection will take place within three (3) business days of the Artist(s) advising the Project Manager in writing (by e-mail or otherwise) that the Artwork is complete and shall include the Artist(s), County's Project Manager, and the Liaison. The City, through its City Manager, will authorize its Liaison to sign the Final Completion Report or the City's Administrator or City Manager may do so. The signing of the County's Final Completion Report by the City (as Property Owner), through its Liaison or City's Administrator, shall serve as the City's acknowledgement of the completion and acceptance of the Artwork. City (as Property Owner) will take title to the Artwork upon written Final Acceptance of the Artwork by Contract Administrator, final payment by the County to the Artist(s), and transfer of the contract between the County and the Artist(s) to the City as stated in Paragraph numbered 3 (Background Description of Project). After such title and contract transfer, City shall be solely responsible for maintenance, conservation, and fulfillment of all prior County obligations under the terms of the Artist(s)' contract which remains after the transfer and those that survive its expiration. Maintenance includes, but is not limited to, insuring the artwork under the City's self-insurance or commercial insurance or both and providing evidence of same by letter or otherwise in writing to the County. City Broward and Tamarac Centennial Agreement Page 14 of 17 EXHIBIT "A" will provide County representatives access to the artwork periodically for conservation review throughout the life of the Artwork even if it survives beyond the agreed upon five-year period stated in Section 2. If, after the written Final Acceptance of the Artwork, County observes that City is not adequately maintaining the Artwork so as to retain the integrity of the artistic design, County (through its Contract Administrator or Division) may notify City in writing (by e-mail or otherwise) of such deficiency. The notice will include a condition report (that is, a report compiled by a County Project Manager indicating the conditions and areas of the Artwork that require correction) and proposed treatment plan for correction of the deficiency. City shall resolve the issue within sixty (60) days of receipt of the notice from the County of the maintenance requirement. The City will be responsible for coordinating any responsibility of the Artist(s) after the transfer or the Artist(s) contract from the County. The City will not use or authorize use of images of the completed Artwork for commercial or other purposes without prior written approval from the Contract Administrator and the Artist(s). 7. TIMELINE FOR COMPLETION: The City shall commence services upon receipt of complete execution of this Agreement and receipt of a copy of the Notice to Proceed to the selected Artist(s) which will be sent by e-mail notice from the County. The Contract Administrator, in his or her sole discretion, will determine when the services are complete and will advise the City in writing that all services are completed in accordance with this Agreement. 8. ADDITIONAL SERVICES: All media releases issued by the City will name the County and the Community Foundation of Broward, Inc., as the sponsor(s) of the Artwork. The County may provide the City with the names of additional project sponsors, including (but not limited to) the lead and presenting sponsor(s). The City will name all sponsors (provided in writing by the County) in, but not limited to, all City media releases, brochures, web pages, and newsletters containing information about the Project. All City media releases, web pages, newsletters, and brochures referencing the Project will be provided to the Project Manager for review and written approval (by e-mail or otherwise) prior to public release or publication. Images of the Artwork may only be used by the County, including its Division, its Greater Fort Lauderdale Convention & Visitors Bureau, and the Community Foundation of Broward, Inc., for non-commercial purposes both before and after the transfer of the Artwork unless otherwise provided in the Artist(s) applicable contract. The City may use images of the completed project for non-commercial purposes and shall attribute the work to the Artist(s), subject to the provisions of the Artist(s) contract and any required written approval of the Artist(s). 9. Payments and Schedules of Deliverables Broward and Tamarac Centennial Agreement Page 15 of 17 EXHIBIT "A" This Project is funded by the County through the Broward County Board of County Commissioners and community sponsors for the Broward-100. The City acknowledges that the Artwork is Site specific and must be preserved on the Site for five (5) years from the date of the written Final Acceptance of the Artwork or as otherwise stated in Section 2 ("Term") whichever is longer. Thereafter, if the City chooses to dispose of the Artwork (subject to the provisions of the contract with the Artist(s), the City shall send written notice to the Artist(s) with a simultaneous copy to the County, through its Contract Administrator. The County, City, and Artist(s) may attribute the Artwork commission to the County's Broward -100 Visual Eyes project. The County will require the Artist(s) to complete the County's Cataloging Form listing the materials and techniques used in the Artwork and the title of the Artwork prior to final payment by the County, and a copy of the Artist(s) completed Cataloging Form will be provided by the County to the City upon County's final payment to the Artist(s). A copy of the County's contract with the Artist(s) will be provided to the City within three (3) business days of complete execution of such contract by the Artist(s) and the County. The Division will make a good faith effort to provide a copy of the proposed contract with the Artist(s) to the City prior to execution by the County and the Artist(s) but is not required to do so based on time constraints for this Project. (The remainder of the page is intentionally /eft blank.) Broward and Tamarac Centennial Agreement Page 16 of 17 EXHIBIT "A" Exhibit B (For City's Contractor's Insurance) Certificate of Insurance Broward and Tamarac Centennial Agreement Page 17 of 17