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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-045Temp. Reso. #12643 May 13, 2015 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- ij- A�_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF REQUEST FOR PROPOSAL #15- 14R, AND EXECUTION OF AN AGREEMENT TO PROVIDE PUBLIC ART PROGRAM ADMINISTRATOR SERVICES FOR A CONTRACT TERM OF TWO YEARS TO GADSON AND RAVITZ, LLC IN THE AMOUNT OF $61,900, AUTHORIZING AN APPROPRIATION OF $61,900 FROM THE PUBLIC ART FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to encourage and promote public art within the City; and WHEREAS, the City has had a public art program since 2004 funded by and through a public art fee generated from construction value of improvements to real property in the City; and WHEREAS, the public art program has proven to be a tremendous success and is responsible for significant art sculptures and art pieces displayed throughout the City; and WHEREAS, the program continues to require the administration by an art professional with distinct experience, capable of facilitating and directing the public art committee and administering the public art program; and WHEREAS, in an effort to solicit a public art professional, City staff developed a Request for Proposal (RFP) #15-14R that was formally advertised on the City's web -site and in the South Florida Sun Sentinel on March 8, 2015, a copy of which is included herein as Exhibit 'T' (attached hereto, incorporated herein, and made a specific part thereof); and Temp. Reso. #12643 May 13, 2015 Page 2 WHEREAS, the City received responses from two (2) firms who responded to RFP #15-1 R which closed on April 1, 2015 who are as follows: Gadson & Ravitz, LLC • Laura Atria, Independent Contractor; and WHEREAS, the Evaluation Committee facilitated by the Purchasing and Contracts Manager, and comprised of the Director of Community Development, the Assistant Director of Parks and Recreation Department, the operations Manager of the Public Services Department Public Works Division, and the Grants Administrator of the Financial Services Department reviewed both proposals and invited both firms to provide oral presentations to the Committee on April 21,'2015; and WHEREAS, the Evaluation Committee ranked the proposal submitted by Gadson Ravitz, LLC as the highest ranked response, a copy of said response is included herein as Exhibit "2" (attached hereto, incorporated herein, and made a specific part thereof), with a synopsis of all rankings included herein as Exhibit "3" (attached hereto, incorporated herein, and made a specific part thereof); and and WHEREAS, negotiations have been completed with Gadson Ravitz, LLC; WHEREAS, City staff and Gadson Ravitz, LLC. have agreed upon a contract price of $61,900 for a contract term of two years for the project with pricing provided for additional optional services if required in the future; and WHEREAS, an appropriation of $61,900 will be required to fund this agreement and will be paid for entirely from the Public Art Fund; and Temp. Reso. #12643 May 13, 2015 Page 3 WHEREAS, it is the recommendation of the Evaluation Committee and the Purchasing and Contracts Manager to award RFP #15-14R to Gadson & Ravitz, LLC to serve as the City's Public Art Program Administrator for a contract price of $61,900 for a contract term of two years; and WHEREAS, it is recommended that the appropriate City Officials execute an Agreement with Gadson & Ravitz, LLC for a contract term of two years; and WHEREAS, it is recommended that the City Manager be authorized to exercise the right to renew the contract for up to two (2) additional two (2) year periods; 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 award RFP #15-14R to Gadson & Ravitz, LLC to serve as the City's Public Art Program Administrator for a contract price of $61,900; a copy of said Agreement is included herein as Exhibit 'A" (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. Temp. Reso. #12643 May 13, 2015 Page 4 SECTION 2: the award of RFP #15-14R to Gadson & Ravitz, LLC is hereby approved. SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Gadson & Ravitz, LLC. to serve as the City's Public Art Program Administrator for a contract price of $61,900 for a term of two years and authorizing the City Manager to exercise renewal options for up to two additional two year periods, a copy of said Agreement is attached hereto as E:.vh;h;+ "A" 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. #12643 May 13, 2015 Page 5 PASSED ADOPTED AND APPROVED this day of 2015. HARK )(Dl:?,ESSLER, MAYOR ATTEST: PATRICIA TEUFE CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1 - VICE MAYOR BUSHNELL DIST 2: COMM. GOMEZ DIST 1 COMM. GLASSER DIST4.- COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY The City For i s s RFP NO. 15-14R REQU EST FOR PROPOSALS RFP 15-14R , ALL QUALIFIED PROPOSERS. Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM local time, Wednesday, April 1, 2015. PUBLIC ART PROGRAM ADMINISTRATOR The City of Tamarac seeks to identify a firm with proven experience Administering Public Art programs to perform these services on behalf of the City Community Development Department. Sealed Proposals must be received and time stamped in the Purchasing Office, either by mail or hand delivery, on or before the date and time referenced above. Any Proposals received after 8:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at htt : lwwwrtarrarac.or . For inquiries, contact the Purchasing Office at (954) 597-3570. 1 R Keith K. Olatz, CPPO Purchasing and Contracts Manager G Publish Sun -Sentinel: Sunday, March 82,015 } lie NIL- 7525 N.W. 88th Avenue I Tamarac, Flodda 33321-2401 j P: 954,597.35701 F: 954.597.3565 EQUAL OPPORTUNITY EMPLOYER REQUEST FOR PROPOSALS RFP 15-14R PUBLIC ART PROGRAM ADMINISTRATOR Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. 1. INTRODUCTION The City of Tamarac seeks to identify a firm with proven experience Administering Public Art programs to perform these services on behalf of the City Community Development Department. II. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Purchasing at (954) 597-3570. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum. t is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 597-3555 or email to purchasing a�tamarac.oro. III. SCHEDULE OF EVENTS The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued March 8, 2015 Deadline for Written Questions March 18, 2015 Deadline for Receipt of Proposals April 1, 2015 Evaluation of Proposals April 2 — 20, 2015 Presentations by Short-listed Proposers (if applicable) April 20, 2015 Final Ranking of Firms April 21, 2015 Anticipated Award by Commission May 27, 2015 All dates are tentative. City reserves the right to change scheduled dates. JT r r ` irregularities in any proposals received, to re - IV. INSTRUCTIONS TO OFFERORS advertise for proposals, to enter into contract & negotiations with the selected Proposer or STANDARD TERMS AND CONDITIONS take any other actions that may be deemed to be in the best interest of the City of Tamarac. Any and all special conditions in this RFP or RFP 15-14R any sample agreement document that may be in variance or conflict with these General INTRODUCTION Terms and Conditions shall have precedence Our Vision and Mission over these General Terms and Conditions. If no changes or deletions to General Our Vision: The i Cityof Tamarac, our community of Conditions are made in the Special Conditions, then the General Terms and choice -- leading the nation in quality of life through Conditions shall prevail in their entirety. safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. 2. DEFINED TERMS Terms used in these instructions to Offerors are Our Mission: We Are "Committed to Excellence... defined as follows. Always" It is our job to foster and create an environment that 2 1 '"Offeror"- one who submits a Proposal in response to a solicitation, Responds to the Customer as distinct from a Sub -Offeror, who Creates and Innovates submits a Proposal to the Offeror. Works as a Team 2.2 "Proposer' -- one who submits a Achieves Results, and Proposal in response to a solicitation. Makes a Difference The terms '`Offeror'' and "Proposer" In the fulfillment of our vision and mission, as stewards are used interchangeably and have the same meaning. of the public trust, we value vision, integrity, efficiency and quality service. 2.3 "Successful Offeror"' -the qualified, responsible and responsive Offeror to Our vendors are truly partners in meeting these whom City (on the basis of City's commitments to the community, and in support of that evaluation as hereinafter provided) vision and mission; we are committed to ensuring that makes an award. qualified, competitive vendors who share our 2.4 "City" - the City of Tamarac, a commitment to quality, efficiency, teamwork and municipal corporation of the State of customer service are employed to provide goods and Florida. services to the City. Our vendors are expected to deliver high quality products and efficient service that is 2-5 "Proposal Documents" -the Request provided on time and as ordered; in a manner that for Proposals, Instructions to Offerors, improves the overall value of the services that the City Offeror's Qualifications Statement; provides to its residents. in addition, we expect our Non -Collusive Affidavit, Certified vendors to work with the City as a team, and exhibit the Resolution, Vendor Drug -Free highest level of integrity when dealing with any office or Workplace, Offeror's Proposal, department of the City. Proposal Security and Specifications, if any, and the proposed Contract 1. GENERAL TERMS AND CONDITIONS Documents (including all Addenda These General Terms and Conditions apply issued prior to opening of Proposals). to all offers made to the City of Tamarac by all prospective Proposers, including but not 2.6 "Contractor" - the individual(s) or limited to, Requests for Quotes, Requests for firm(s) to whom the award is made Proposal and Requests for Bid. As such the and who executes the Contract words "bid" "proposal" and "'offer" are used Documents. interchangeably in reference to all offers submitted by prospective Proposers. The City 3. SPECIAL CONDITIONS of Tamarac reserves the right to reject any or all proposals, to waive any informalities or Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Scope of Work outlined in this proposal, the Special Conditions and/or the Scope of Work shall prevail. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1. Before submitting a Proposal, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offerors observations made during site visits or in review of applicable laws with the Proposal Documents; and must promptly notify the Purchasing and Contracts Manager of all conflicts, errors and discrepancies, if any, in the Proposal Documents, 4.2. The Offeror, by and through the submission of a Proposal, agrees that Offeror shall be held responsible for having examined the facilities and equipment (if applicable); is familiar with the nature and extent of the work and any local conditions that may affect the work, and is familiar with the equipment, materials, parts and labor required to successfully perform the work. 5. OMISSION OF DETAILS I VARIANCES AND EXCEPTIONS 5.1 The apparent silence of the requirements as to any detail, or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail, and that only material and workmanship of the finest quality is to be used. All interpretations of the specifications shall be made on the basis of this statement. Omission of any essential details from these specifications will not relieve the Proposer of supplying such services or product(s) as specified. IN! i UNUM r� !`Ma? ? `,. � i C� � d ' � Ji vc�._✓ LF ' � '` { I _ L l }{ ' I j ,' ' ! l 5.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the stated requirements, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Offeror meets all the requirements in every respect 6. INTERPRETATIONS AND ADDENDA If the Offeror is in doubt as to the meaning of any of the Proposal Documents, believes that the General Conditions, Special Conditions and/or Technical Specifications contain errors, contradictions or obvious omissions, or has any questions concerning the information contained in the RFP documents, the Offeror shall submit a written request to the Purchasing Office for interpretation or clarification. Such request must reference RFP name and number, and should be received by the Purchasing Office at least ten (10) calendar days prior to the Proposal opening date. Questions received less than ten (10) calendar days prior to the Proposal opening may not be answered. Interpretations or clarifications in response to such questions will be issued in the form of a written addendum transmitted via either fax or email to all parties recorded by the Purchasing Office as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 7. COSTS AND COMPENSATION 7.1. Costs and compensation shall be shown in both unit prices and extensions whenever applicable, and expressed in U.S. Dollars. In the event of discrepancies existing between unit prices and extensions or totals, the unit prices shall govern. 7.2. All costs and compensation shall remain firm and fixed for acceptance for 60 calendar days after the day of the Proposal opening. 7,1 The price proposal shall include all franchise fees, royalties, license fees, etc., as well as all costs for transportation or delivery as applicable within the scope of the 0 solicitation. 8. NON -COLLUSIVE AFFIDAVIT Each Offeror shall complete the Non -Collusive Affidavit form and shall submit the form with their Proposal. City considers the failure of the Offeror to submit this document may be cause for rejection of the Proposal. 9. PUBLIC ENTITY CRIMES In accordance with Florida Statutes_.§287.133 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 10. CONFLICT OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner, proprietor, associate or agent who is also an officer or employee of City or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of City who owns, directly or indirectly, an interest of five percent (5%) or more in the Offeror's firm or any of its branches or affiliate companies, 11. PERFORMANCE BONDS AND INSURANCE Upon award of a contract, the Successful Offeror, as required within the scope of the solicitation, may be required to submit performance bonds and/or payment bonds. Offeror shall provide certificates of insurance in the manner, form and amount(s) specified. 12. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS The following is a summary of documents required to be submitted for this proposal. Failure to include a technical proposal, cost proposal, bid surety (if required below), or any other document that, by its omission, may prejudice the rights of other respondents, may & ----------- - - result in immediate rejection of your proposal. Other forms or documents which, by their nature do not impact price or the Offeror's cost of doing business should accompany the Proposal, but must be provided within three (3) business days of the City's request to be considered responsive. 12.1 Technical Proposal & Work Plan 12.2 Cost Proposal (See "Proposal Form" herein) 12.3 Project schedule which includes a breakdown of estimated hours to be worked by each of your project team members 12.4 Certification Forms 12.5 Certified Resolution Form (or firm's own Corporate Resolution) 12.6 Offeror's Qualifications Statement Form & References 12.7 Vendor Drug Free Workplace Form 12,8 Non -Collusive Affidavit Form 12.9 Proof of applicable insurance. 12.10 Listing of any Sub -consultants or Subcontractors to be utilized. 12.11 The City reserves the right to request the most recently completed audited financial statement, or other approved documentation to verify financial viability. 13. SUBMISSION OF PROPOSALS 13.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror should be initialed. 13,2 All proposals shall be submitted in the English language, and pricing expressed in U.S. Dollars, 13.3 Proposals must contain a manual signature of a corporate officer or designee with the proven authority to bind the firm in matters of this nature. The address and telephone number for any communications regarding the Proposal must be included. 13.4 Proposals shall contain an acknowledgment of receipt of all addenda, 13.5 Proposals 'by corporations must be 4... f..`}'4ej}`1N!Z� _�u{F J�f }�'f �`- }L�tf_,...: y e executed in the corporation's legal in response to this RFP shall bear all name by the President or other expenses associated with its corporate officer, accompanied by preparation. The Proposer shall evidence of authority to sign. prepare a submittal. with the Evidence of authority shall be understanding that no claim for provided on the enclosed Certified reimbursement shall be submitted to Resolution form, or by the company's the City for the expense of proposal own Corporate Resolution. preparation and/or presentation. 13,6 Proposals by partnerships must be 14. MODIFICATION AND WITHDRAWAL OF executed in the partnership name and PROPOSALS signed by a partner, whose title must 14.1 Proposals may be modified or appear under the signature. withdrawn. by a duly executed 13.7 Proposals shall be submitted to the document signed by a corporate Purchasing Office on or before the officer or other employee with time indicated in the Request for designated signature authority. Proposals. Proposals shall be Evidence of such authority must submitted in a sealed envelope (faxed accompany the request for withdrawal proposals will not be accepted under or modification. The request must be any circumstances). The envelope delivered to the Purchasing Office at should be clearly marked on the any time prior to the deadline for exterior with the applicable solicitation submitting Proposals. Withdrawal of a name and number, The envelope Proposal will not prejudice the rights should state the name and address of of an Offeror to submit a new the Offeror and should be include all Proposal prior to the Proposal documents as specified in the opening date and time. No Proposal Request for Proposals. Purchasing may be withdrawn or modified after and Contracts Division staff is not the date of proposal opening has responsible for the premature opening passed. of a Proposal that is not properly 14,2 If, within twenty-four (24) hours after addressed and identified. Proposals are opened, any Offeror 13.8 In accordance with Florida Statutes, files a duly signed, written notice with Chapter §119.07(1)(a) and except as the Purchasing Office, and within five may be provided by other applicable (5) calendar days thereafter state and federal law, the Request for demonstrates to the reasonable Proposals and the responses thereto satisfaction of City, by clear and are in the public domain. However, convincing evidence, that there was a Proposers are requested to material and substantial mistake in specifically identify in the submitted the preparation of its Proposal, or that Proposal any financial information the mistake is clearly evident on the considered confidential and/or face of the Proposal, but the intended proprietary which may be considered correct Proposal is not similarly exempt under Florida Statute evident, offeror may withdraw its §119.07(t). Proposal and any bid security will be returned, Thereafter, the Offeror will 13.9 Offerors all Proposals received from 0 be disqualified from further bidding on in response to the Request for the subject Contract. Proposals will become the property of City and will not be returned. In the 15. REJECTION OF PROPOSALS event of Contract award, all 15.1 To the extent permitted by applicable documentation produced as part of state and federal laws and the Contract shall become the regulations, City reserves the right to exclusive property of City. reject any and all Proposals, to waive 13.10 The Proposer preparing a submittal is any and all informalities not involving li. v �l AS SO price, time or changes in the work with facilities and equipment prior to award the Successful Offeror, and to of Contract. disregard all nonconforming, non- 16.5 Employees of the Proposer shall at responsive, unbalanced or conditional all times be under its sole direction Proposals. Proposals will be P p and not an employee or agent of the considered irregular and may be City. The Proposer shall rejected if the show serious y .supply competent and physically capable omissions, alterations in form, employees. The City may require the additions not called for, conditions or Proposer to remove an employee it unauthorized alterations, or deems careless, incompetent, irregularities of an kind. rre g y insubordinate or otherwise 15.2 City reserves the right to reject the objectionable. Proposer shall be Proposal of any Offeror if City believes responsible to the City for the acts that it would not be in its best interest and omissions of all employees of to make an award to that Offeror, working under its directions. whether because the Proposal is not 17. INSURANCE responsive, the Offeror is unqualified, of doubtful financial ability, or fails to 17.1 Offeror agrees to, in the performance meet any other pertinent criteria of work and services under this established by City within the scope of Agreement, comply with all federal, the solicitation. state, and local laws and regulations in effect, or hereinafter enacted 16. QUALIFICATIONS 4F PROPOSERSnow during the term of this agreement 16.1 Each Offeror shall complete the that are applicable to Offeror, its Offeror's Qualifications Statement and employees, agents, or submit the form with the Proposal. Failure to submit the Offeror's subcontractors, if any, with respect to the work and services described Qualifications Statement and the herein, documents required thereunder may 17,2 Offeror shall obtain at Offeror's constitute grounds for rejection of the expense all necessary insurance in Proposal. p such form and amount as required 16.2 As a part of the evaluation process, by this proposal or by the City's Risk the City may conduct a background Manager before beginning work investigation including a criminal Under this Agreement. Offeror shall record check of Proposer's officers maintain such insurance in full force and/or employees, by the Broward and effect during the life of this County Sheriff's Office. Proposer's Agreement. Offeror shall provide to submission of a proposal constitutes the City's Risk Manager current acknowledgement of and consent to certificates of all insurance required such investigation. City shall be the under this section prior to beginning sole judge in determining Proposer's any work under this Agreement. qualifications. 17.3 Offeror shall indemnify and save the 163 No proposal shall be accepted from, City harmless from any damage nor will any contract be awarded to, resulting to it for failure of either any person who is in arrears to City Offeror or any Sub -Offeror to obtain for any debt or contract, who is a or maintain such insurance. defaulter, as surety or otherwise, of 17.4 The following are required types and any obligation to City, or who is minimum limits of insurance deemed irresponsible for unreliable by coverage, which the Offeror agrees City. City will be the sole judge of said to maintain during the term of this determination. contract: 16.4 City reserves the right to make a pre - award inspection of the Offerors j Line of Occurrence Aggregate Business/ Coverage Commercial $1,000,000 $1,000,000 General Liability 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 $1,000,000 $1,000,000 Liability Workers' Statutory Compensation & Employer's Liability 17.8 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. 17.6 Neither Offeror nor any Sub -Offeror shall commence work under this contract until they have obtained all insurance required underthis section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Offeror will ensure that all Sub -Offerors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. 17.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and shall be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. 17.8 The Offeror's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured", The Offeror's Workers' Compensation carrier will provide a Waiver of Subrogation to the City. 17.9 The Offeror shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Offeror purchase a bond to cover the full amount of the deductible or self -insured retention. 17A0 Professional Liability Coverage. The 18. r -- Offeror is requested to provide professional services under this Agreement. The Offeror must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable only for Professional Liability, 17.11 The Successful Offeror agrees to perform the work under the Contract as an independent contractor, and not as a subcontractor, agent or employee of City. INDEMNIFICATION 18.1 GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c), liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts, disability benefit acts, other employee benefit acts or any statutory bar, Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 18.2 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. W The City V Oil V* " in ow M low For Your Life P 183 The Consultant shall pay all claims, creating any joint employment relationship losses, liens, settlements or between the Contractor and the City and the judgments of any nature whatsoever City will not be liable for any obligation in connection with the foregoing incurred by Contractor, including but not indemnifications including, but not limited to unpaid minimum wages and/or limited to, reasonable attorneys fees overtime premiums, (including appellate attorney's fees) 20 DELIVERIES and costs. Any item requiring delivery by the Offeror or 18.4 City reserves the right to select its by sub -contractors shall be delivered F.O.B. destination to a specific City address. All own legal counsel to conduct any delivery costs and charges must be included defense in any such proceeding and in the bid price. If delivery of an item is all costs and fees associated required, the City reserves the right to cancel therewith shall be the responsibility of the delivery order(s) or any part thereof, Consultant under the indemnification without obligation if delivery is not made at agreement. Nothing contained herein the time specified in the proposal. is intended nor shall it be construed to waive City's rights and immunities 21, NON-DISCRIMINATION AND EQUAL under the common law or Florida OPPORTUNITY EMPLOYMENT Statute 768.28 as amended from time to time. During the performance of the Contract, the Contractor/Consultant and its subcontractors 19 INDEPENDENT CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, An Agreement resulting from this solicitation color, sex including pregnancy, religion, age, does not create an employee/employer national origin, marital status, political affiliation, familial status, sexual orientation, relationship between the Parties. It is the gender identity and expression, or disability if intent of the Parties that the Contractor is an qualified. The Artist will take affirmative action independent contractor under this Agreement to ensure that employees and those of its and not the City's employee for any purposes, subcontractors are treated during including but not limited to, the application of employment, without regard to their race, the Fair Labor Standards Act minimum wage color, sex including pregnancy, religion, age, national origin, marital status, political and overtime payments, Federal Insurance affiliation, familial status, sexual orientation, Contribution Act, the Social Security Act, the gender identity or expression, or disability if Federal Unemployment Tax Act, the qualified. Such actions must include, but not provisions of the Internal Revenue Code, the be limited to, the following: employment, State Worker's Compensation Act, and the promotion; demotion or transfer, recruitment State Unemployment Insurance law. The or recruitment advertising, layoff or termination; rates of pay or other forms of Contractor shall retain sole and absolute compensation; and selection for training, discretion in the judgment of the manner and including apprenticeship. The Artist and its means of carrying out Contractor's activities subcontractors shall agree to post in and responsibilities hereunder provided, conspicuous places, available to its further that administrative procedures employees and applicants for employment, notices to be provided by the contracting applicable to services rendered under any officer setting forth the provisions of this potential Agreement shall be those of nondiscrimination clause. The Artist further Contractor, which policies of Contractor shall agrees that he/she will ensure that Sub -all not conflict with City, State, or United States subcontractors, if any, will be made aware of policies, rules or regulations relating to the and will comply with this nondiscrimination use of Contractor's funds provided for herein. clause. The Contractor agrees that it is a separate 22. PERFORMANCE and independent enterprise from the City, that Failure on the part of the Offeror to comply it had full opportunity to find other business, with the conditions, terms, specifications and that it has made its own investment in its requirements of the bid shall be just cause for business, and that it will utilize a high level of cancellation of the proposal award. The City may, by written notice to the Proposal, skill necessary to perform the work. Any terminate the contract for failure to perform. potential Agreement shall not be construed as I> ilff T_- The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 23. TERMINATION FOR CAUSE AND DEFAULT 24. 25. 26. 27. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Successful Offeror 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 of written notice of such neglect or failure. TERMINATION FOR CONVENIENCE OF CITY This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Successful Offeror for such termination in which event the Successful Offeror shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Successful Offeror abandons this Agreement or causes it to be terminated, the Successful Offeror shall indemnify the city against loss pertaining to this termination. FUNDING OUT 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. AUDIT RIGHTS City reserves the right to audit the records of Successful Offeror, relating to this contract, at any time during the term of the Contract, and for a period of three (3) years after completion of contract. If required by City, Successful Offeror shall agree to submit to an audit by an independent Certified Public Accountant selected by City. Successful Offeror shall allow City to examine and review the records of Successful Offeror at any and all times during normal business hours during the term of the Contract. ASSIGNMENT 27.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights, title, interests or obligations therein without City's prior written approval. WIN" 27.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by Successful Offeror and City may, at its discretion, cancel the Contract. All rights, title, interest and obligations of Successful Offeror shall thereupon cease and terminate. 28. EMPLOYEES Employees of the successful Contractor shall at a I I times be under its sole d i recti o n and not an employee or agent of the City. The Contractor shall supply competent and physically capable employees. The City may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 29. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes, An exemption certificate will be provided where applicable upon request. 30. RECORDS/AUDITS 30.1 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: 30.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service-, 30.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 30.1.3 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 0 0� r� 0 0 I* 30,11A Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 30,2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce any available contract remedies in force including termination of the Agreement. 30.3 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. 31. GOVERNING LAW: The laws of the State of Florida shall govern this Agreement. Venue shall be Broward County, Florida. 32. STANDARD AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Sample Agreement document. Proposers shall be responsible for complying with all of the terms and conditions of the Sample Agreement document if included herein, except where variant or conflicting language may be included in any Special Conditions contained herein. Proposers shall note any deviation or variance with the Sample Agreement document at the time of bid submission. 33. UNBALANCED PROPOSAL PRICING When a unit price proposed has variable or estimated quantities, and the proposal shows evidence of unbalanced proposal pricing, such proposal may be rejected. 34. INFORMATION REQUESTS AFTER DUE DATE Following a recommendation for award, Proposers may download the evaluation results directly from the Internet at httr) -, Hwww. tam arac. orglindex- aspx? N I D-,.-) 7. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §1 20.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier, 35. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required: The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. Remainder of Page Intentionally Blank ldIli �i Cyr ?'vcx� C'l `� i fljt i r. .. ._.. _-... ,_ ---- .._.. - . 1r V. STATEMENT of WORK General Background The City of Tamarac seeks to identify firms with qualified experience providing Public Art Program Administration per the requirements shown herein. The City of Tamarac, incorporated in 1963, covers approximately twelve (12) square miles and is located in central Broward County. The municipal limits stretch east to west from just west of Powerline Road near 1-95, to the Sawgrass Expressway, and generally north to south from Southgate Boulevard to Commercial Boulevard. The 2010 population estimate was 60,427. With convenient access to Florida's Turnpike, Sawgrass Expressway, and other or maJ'thoroughfares as Commercial Boulevard and University Drive, Tamarac has g evolved from a retirement community into a place thriving with diversified economic, residential, and recreational activities and opportunities. Tamarac established a Public Art Committee in 2007. The Committee is responsible for the determination of appropriate public artworks to be placed throughout the community. Funding for the public art program is derived from a 1 % surcharge placed on building permit fees issued by the City per established ordinance. The Committee has already been responsible for issuing "Calls to Artists" to provide public art in designated locations. Since 2007, the City has commissioned and placed six (6) pieces at City facilities and Parks. In addition, several projects have been included in the City's Capital Improvement Program for immediate implementation, while at least three (3) other pieces are currently being negotiated or under contract. The City originally inally retained a Program Administrator in 2013. The new Administrator shall assume the functions enumerated in this Statement of Work for a period of two (2) years, with two 2 additional two (2) year options to renew subject to successful performance by the Administrator. A. ■ _EQUESTED TASKS & DELIVERABLES V .BLES 1. Existing Information Review the existing Public Art Master Plan and make recommendations as to additions and deletions to ensure a complete updated Public Art Master Plan. Note: The existing Public Art Master Plan, and the Public Art Policies and Guidelines are available to be downloaded for no charge at hftp://www.tamarac-orq/bids.aspx. 2. Information Gathering a. Identify constraints and any associated barriers that may hinder the maintenance and management of the City's public art pieces. b. Make recommendations for the maintenance and management of the City's ,Till WT C o{ 1 F ,fT 1 (! s i public art pieces including but not limited to cataloguing, overseeing appraisals and ensuring proper conservation. 3. Public Art Policy a. Partner with the Public Information Office and the Public Art Committee to develop a program brochure that will not only increase the community's involvement in the program but also expand the current audience. The Program Administrator shall be responsible to design the brochure and shall provide all written content. b. Hold at least one community meeting while working together with the Public Information Office and Public Art Committee. c. Develop, design and provide all written content for an internet page for the program on the City's website in order to increase awareness through the use of social media. d. Oversee and coordinate the installation of at least 2 public art projects on an annual basis from developing and advertising the initial Call to Artists to working with City staff and the artist(s) to install the artwork. The work must be done in keeping with the Policies and Guidelines of the Public Art Master Plan. 4. Program Ulanagernent: a. Act as a staff liaison to both the Public Art and Selection Committee. Duties include but are not limited to the following: • Attend monthly Public Art Committee meetings, community meetings and City Commission meetings and workshops where projects are being discussed, • Assist in the coordination of monthly Public Art Committee meetings to include the preparation of agendas, Power Point presentations, and minutes. • Drafting City Commission Agenda items related to policy, budget, selection of artwork, and other items that impact the City's Public Art Program. • Provide presentations regarding Agenda items to the Tamarac City Commission, the Public Art Committee or the general public related to the Public Art Program, or related to specific art pieces. • Author and prepare Statements of Work and specifications for art - related projects. Provide written drafts of bids, proposals, calls to 1-� r a artists and agreements with artists. Such efforts shall be coordinated with the City's Purchasing and Contracts Manager to maintain consistency with the City's policies, procedures and ordinances, which will be provided to Consultant after award. • Consult with City Departments regarding the integration of public art into capital and construction projects managed by the City, including recommendations of design, development of language for bids and other related tasks managed by the City. 5. Budget: a. Draft a five year budget for the Public art Program and present to the Public Art Committee for adoption. Fiscal dates shall be provided by the Public Art Committee. B. SCHEDULE The successful Proposer must complete this project within the first two (2) year period of the Agreement commencing from the City's Notice to Proceed. Proposer shall provide the City with a schedule of deliverables to ensure the city's project can be completed within a timely manner. VI. QUALIFICATIONS OF PROPOSERS The successful Proposer shall have demonstrated experience in administration of a Public Art Program and meet the following criteria: A. HISTORY Successful Proposer shall have a history of continuous, stable operation in administering a p pro public art ram for a minimum of three (3) years prior to the submittal date of this g proposal. B. EXPERIENCE Successful Proposer shall also have extensive experience working with the public sector. VII. PROPOSAL REQUIREMENTS Proposers should submit one (1) original proposal and seven (7) copies, and respond to each of the following items as clearly as possible: 1. Provide a brief but complete history of your company that includes any and all recent experience within the State of Florida. 2. Include resumes of key personnel who will actually be assigned to the project and The City For i ` E 4 descriptions of each of their roles shall be included. Please note: The City expects the personnel listed in the Proposal to be those who will actually perform the work. No substitutions shall be permitted except in the most serious circumstances. 3. A list of at least three (3) similar projects performed during the last five years which shall include the following information: a. dame of the entity for which the work was performed; b. Brief description of the scope of the project; C. Initial estimate of the project cost (that is, the estimate prior to the bid); d. Amount of initial contract award; e. Total number and source of change orders to the contract; f. Total value of change orders for the project, g. Total value of the project. h. Name of contact person and their current telephone number who can knowledgeably discuss your firm's rode and performance in the project. Note: references and phone numbers that are out of date, missing, or not available may be considered non -responsive. 4. Financial statements for your firm's past three (3) years of operation may be requested. 5. Any other information that is relevant to properly evaluating your firm's qualifications. V1. PROPOSAL SELECTION The city Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer, who represents the best value, and to accept or reject any proposal submitted in response to this solicitation, The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the city and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section. V11. EVALUATION OF PROPOSALS A. EVALUATION METHOD AND CRITERIA An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract. The Proposers with the highest -ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. All Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. HenceIr proposals should be initially submitted on the most complete 1 ia, and favorable terms which Proposers are capable of offering to the City. After presentations, firms will be assigned a final score, with the highest -ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with the next selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. The City's evaluation criteria may include, but shall not be limited to, the following: 1. Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. 2. Background, education and experience of the firm's staff members who will be assigned to the project; Ability of the consultant to provide all of the expertise necessary to successfully complete the work. 3. Availability of the proposed staff members; current projected work load of consultant; ability to provide on -site time for meetings, training and cooperative review of work products. 4. Knowledge of and approach to the proposed work; ability to suggest and apply new technologies or innovative approaches that may either reduce project costs and time frame, or improve the quality of the work products. 4. Proposer team work history. 5. Cost/Price: This refers to the proposed contract fee and reimbursement expense (Please .bud etnote that price is only one factor for consideration of award). g a. The offeror shall propose a not -to -exceed amount for complete execution of this project as detailed in the Specifications or Statement of Work herein . b. If proposing costs which may include alternate programs or services no covered in the base bid pricing, the offeror when offering such alternative services must provide a detailed explanation of additional optional services to be offered. These weighted criteria are provided to assist the Offerors in the allocation of their time and efforts during the submission process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of Offerors by establishing a general framework for those deliberations. Offerors are cautioned to make no assumptions concerning ranking or short -listing unless their has been evaluated as being responsive. Additional information may be proposal t i � ' .- EE 1 t e � E,.i(y a_.. 1 _t1c,c.7�s �. required during the review and selection process to clarify the information contained in 4fferor's submittal. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for Request for Proposals unless clearly and specifically noted in the submitted proposal and confirmed in the contract between the City p y of Tamarac and the selected firm. B. ACCEPTABLITY of PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: 1. Acceptable; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or 3. Unacceptable. C. AWARD of AGREEMENT Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole or for any component thereof if it appears to be in the best interest of the City. D. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria. CRITERIA MAXIMUM POINTS 1. Compliance with Request for Proposal (Mandatory) NIA 2. Background, Education & Experience of Firm 25 points 3. Availability of the Proposed Staff Members 20 points 4. Knowledge of and Proposed Approach 20 points 5. Consultant Teamwork History jLjoi.nts. 6. Cost/Price 10 points wwwww� �Iiq� Iwwlw These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. The City -�' `- t E. DISCUSSIONS & PRESENTATIONS The short --listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which offerors are capable of offering to the City, The Evaluation Committee may conduct discussions with any Proposer who submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process. F. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. Vill. PROPOSAL COPIES Return One (1) Original and Seven (7) copies in an envelope marked with your firms name and "RFP 15-14R. "Public Art Pro ram Administrator" to the City of Tamarac, �rrarrn�w..rr Purchasing & Contracts Division, 7525 NW 88 Avenue, Tamarac, Florida 33321, attention: Keith K. Glatz, CPPO, FCPM, Purchasing & Contracts Division. Any addenda become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly Ali .''.._�iv._.. authorized expression. Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACT'S MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS, Balance of Page is Blank The City For Your Life i Jt, PROPOSAL FORM RFP 15-14R PUBLIC ART PROGRAM ADMINISTRATOR PROPOSAL PRICE Public Art Program Administrator Services for a period of two (2) years. Lump Sum Two (2) Year Cost (Not to Exceed price based on hourly rates and estimated number of hours per month): $ Total Cost per Hour (Not to Exceed): $ Estimated Number of Hours per month Estimated Reimbursable Expenses per month SUBMITTED BY: Company Name: Address: City: Telephone: Email: State: Zip: Fax: 0 kmNA1 Ald COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... E] 1. r Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [J 2. Provide a Technical Proposal and Work Plan. ❑❑ 3 include a Cost Proposal (See Proposal Form). ❑❑ 4 Include your Project Schedule which includes a breakdown of estimated hours to be worked by each of your project team members ❑ 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 6. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. F-1 7. Fill out the Offeror's Qualification Statement and Reference Form. ❑ 8 Sign the Vendor Drug Free Workplace Form. ❑ 9 Fill out the List of Sub -consultants or Subcontractors, if applicable. [❑ 10 Fill out and sign the Certified Resolution. ❑ 11 Include all necessary Financial Statements requested. ❑] 12 include proof of insurance. E] 13 Provide any additional documentation requested within the Proposal Document. ❑ 14 Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals will not be accepted. Failure to provide the requested attachments may result in your proposal being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. 0 No Text 0 0 MAMA 1UMN11 I J I C CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (1), the undersigned, hereby agree to furnish the item (s)/se rvice(s) described in the Invitation to Bid. We (i} certify that we(l) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP CORPORATION OTHER [� if "Other", Explain: Authorized Signature Typed/Printed Name Telephone Company Name Address City, State, ZIP Fax Federal I ax IU NumDer Email address for above signer (if any) k9 Pill C" &IJ CERTIFIED RESOLUTION 1(Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by himlher shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. DAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of (SEAL) NOTE: ,120 Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Sid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. The City For Your Life a -__- OR'S QUALIFICATION STATEMENT F E R - of The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t" Avenue Tamarac, Florida 33321 Check One Submitted B _ Q Corporation Name, Partnership Address. - -------- E] Individual City, State, Zip [] Other Telephone No. Fax No, State the true exact correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: 0 The address of the principal place of business is: 1. If Offeror is a corporation, answer the following: a) Date of Incorporation* b) State of Incorporation: c) President's name: _.. _ d) Vice President's name: _ e) Secretary's name: f) Treasurer's name:... g) Name and address of Resident Agent: _ _ _ ;!Vrr1.)(1 2. If Offeror is an individual or a partnership, answer the following: h) Date of organization; i) Name, address and ownership units of all partners: j) State whether general or limited partnership 3. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 5. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 6. Have you ever failed to complete any work awarded to you? If so, state when, where and why. 7. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 0 Balance of Page is Blank 1 The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offerors qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) Q Personally known to me, or 0 Produced identification: (Type of Identification Produced) ❑ DID take an oath, or 0 DID NOT take an oath 0 t` 1 M 0i NON -COLLUSIVE AFFIDAVIT State of } )ss. County of } being first duly sworn, deposes and says that. 1 . He/she is the �._ - _ (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sharp Proposal; 4. Neither the said offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other offeror, or to fix any Overhead, profit, or cost elements of the Proposal price or the Proposal rice of an other offeror, or to secure through any collusion, p P Y conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The or rice prices quoted in the attached Proposal are fair and proper and are not p tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness y a Printed Dame Title 'i.�� ...la t.I 3�r r.. .I ! ! a ; 1 �r ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20______, before me, the undersigned Notary Public of the State of Florida, personally appeared t Milk (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) CI Personally known to me, or D Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑DID NOT take an oath 1 9 1 Yon lyira;Ll� 4, & tad s ii f f ' i r, VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-freeworkplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -tree workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement , I certify that this form complies fully with the above requirements. Company Name Authorized Signature . rr SWORN STATEMENT PURSUANT To SECTION 287,133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TH IS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5, l understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm"s length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 0 0 0 t:.ii{_df {i,: L F €l _tl d l N 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. E] The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order,) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY (PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY Two OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) t.I ACKNOWLEDGMENT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public. Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification. - (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath City SAMPLE FORM AGREEMENT BETWEEN THE CITY of TAMARA.0 AND THIS AGREEMENT is made and entered into this day of , 20, by and between the City of Tamarac, a municipal corporation with principal al offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City„} and , a corporation with principal offices located at (the "Consultant") . WHEREAS, the City intends to develop a master plan relating to public art for the City of Tamarac, and, WHEREAS, the City requires certain professional services in connection with Public Art Master Planning Services and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services. NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1} The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal 15- 14R, "Public Art Program Administrator" issued March 8, 2015, including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bonds), (if applicable), and insurance certificates), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below, 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to provide Public Art Program Administration. 2.1.2 The Consultant shall perform the services in accordance with the provisions contained in Request for Proposal #15-14R, "Public Art Program Administrator" as specifically stated in the proposal and incorporated herein as well as the response to the proposal included herein, all of which are incorporated herein as if set forth in full. i i�'t" i't"- r 'I) t 'F C Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. In the event of conflict, this Agreement shall govern, followed in precedence by Request for Proposal #15-14R, "Public Art Master Program Administrator'' and Consultant's proposal response dated 2.1.3 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3) Insurance a. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required b the City's Risk and Safety Manager before beginning work q Y under this Agreement including, but not limited to, Workers, Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. b. Consultant shall indemnify and hold the City harmless for any damages resultingfrom failure of the Consultant to take out and maintain such . insurance. Consultants Liability Insurance policies shall be endorsed to add the Cityas an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement, and subsequent Notice to Proceed. The work shall be completed no later than eighteen (18) months after issuance of the Notice to Proceed by the City. 0 Go! P l I ' ' f f 6} Contract Sum The Contract Sum for the above work is Dollars and cents { }. 6) Payments The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and 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. ?} Indemnification i. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged; a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub - Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Mork; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. ii. 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. iii. The Consultant 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. iv. 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 Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. v. The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant 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 Consultant. Furthermore, the City and Consultant 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 Consultant's responsibility to indemnify. 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor/Consultant and its subcontractors 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 if qualified. The Artist will take affirmative action to ensure that employees and those of its subcontractors 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 if qualified. 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 and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for 9 employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Artist further agrees that he/she will ensure that Sub -all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant 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 Consultant shall retain sole and iv The GIIY f T " , — ', t r Ji , " " i I P , , -, 'J ) For tourlite L V' absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) 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 CONSULTANT 12) Termination 12.1 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 I Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. 13) Records/Audits 13.1 The Cityof 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: 13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 13.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 13.1.3 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 13.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 13.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce any available contract remedies in force including Article 12, "Termination" of this Agreement. 13.3 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 Ot L account, reports and records relating to this contract. 14) Uncontrollable Forces 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Contingent Fees The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 17) Truth in Negotiation Certification 17.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 17.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to v11 0101 di inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. 18) 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. 19) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 20) Severabiiity; 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 u nenforceability 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. 21) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 22) 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. 23) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for viii The City For Your Life 4C & TS jr t, - h . e 1-1 affected -. service , , . shall be reduced as required, The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. Balance of Page is Blank f. J,. `e.l ;+ .,' a,lE lJ "°N""}�1!f'} [✓I v`�Ix,)� 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 p Mayor and City Manager, and CONSULTANT, signing by and through its duly authorized to execute same. CITY of TAMARAC Harry Dressler, Mayor Date ATTEST: Michael C. Cernech, City Manager Patricia A. Teufel, CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date Sam Goren ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 0 x CORPORATE ACKNOWLEDGEMENT STATE OF SS 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 , of a 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 120 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public El Personally known to me or D Produced Identification Type of I.D. Produced ❑ DID take an oath, or El DID NOT take an oath. XI Exhibit 2 COMPANY NAME: (Please Print).- Gadson & Ravitz, LLC Phone: G. (954 822 5425) R: (954)701-2118 Fax- NA BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU-10w 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [P00�2- Provide a Technical Proposal and Work Plan. [e3 Include a Cost Proposal (See Proposal Form). Ee 4 Include your Project Schedule which includes a breakdown of estimated hours to be worked by each of your project team members 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 6. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. Fill out the Offeror's Qualification Statement and Reference FormX Sign the Vendor Drug Free Workplace Form. 9 Fill out the List of Sub -consultants or Subcontractors, if applicable. 0 Fill out and sign the Certified Resolution. 11 Include all necessary Financial Statements requested, 12 Include proof of insurance. 13 Provide any additional documentation requested within the Proposal Document. 14 Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. Clearly mark the sealed container with the PROPOSAL NUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals will Abe accepted. Failure to provide the requested attachments may result in your proposal being deemed non -responsive. I* THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 Public Art Program Administrator City of Tamarac RFP 15-14R �, `�`��"G a ro�d 8 R�vitz public, Art+i7esign Consultinq George Gadson — georgegadson@gmail.com Beth Ravitz- bethrovitz@gmall.com Public Art and Design Consultants 11831 Highland Place Coral Springs, Florida 33071 954-822-5425 954-701-2118 April 1, 2015 Submitted to: Purchasing Office City of Tamarac 7525 NW 88 Ih Avenue Tamarac, Florida 33321 2 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 0 4D • Table of Content CI Technical Proposal and Work Plan Pg. 4 Gadson & Ravitz, LLC History - Public Art Consultants and Public Artists Project Task List and Work Plan Summary of Resumes References Cost Proposal Pg. 26 Protect Schedule Pg. 27 Hours by Team Members 24 Month Schedule Other Requested Documents Pg. 27 Non -Collusive Affidavit Certification Page Offeror's Qualification Statement and Reference Form Vendor Drug Free Workplace Form List of Sub -Consultants Certified Resolution Financial Statement Proof of Insurance Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 TECHNICAL PROPOSAL AND WORK PLAN 0 0 Gadson & Ravitz, irLC- RFP 15--14R- Public Art Program Administrator- April 1, 2015 0 Gadson & Ravitz, LLC History With combined careers of nearly 50 years, the team of Gadson & Ravitz helped obtain public art ordinances, written master plans, chaired public art committees and consulted for several cities, as well as created over 30 public art projects. Additionally, they have created several integrated pieces in collaboration with engineers, architects, landscape architects and municipalities and as part of a Master Plan for Art in Public Places. The team has strategically developed lasting partnerships with communities, businesses, developers, local government, influential designers and architectural firms. Their diversity reflects the communities they serve and is expressed in the art they render. The team is knowledgeable and has facilitated artworks in public locations including but not limited to suspended ceiling sculptures, wall murals, free standing sculptures and terrazzo rustic terrazzo and lithocrete floor designs to name a few. Since 2008, the team has operated as consultants and developed the Public Art Master Plan for the City of Lauderhill and was responsible for facilitating its implementation to date. The team created all Call to Artists for the Public Art placed throughout the City of Lauderhill. The relationships forged between Gadson and Ravitz amongst different departments in the City of Lauderhill for the past 8 years has led to the successful implementation of 16 public art projects. This is due to the team's ability to know and understand the "culture" of the city's government and the interconnectivity by meeting continuously with City Staff including but not limited to the City Manager, Deputy City Manager and staff, the City Commission, the Mayor, the city's attorney, and other departments throughout They oversaw and coordinated the installation of public art projects from developing and advertising the initial Call to Artists to working with City Staff and the selected artist(s) to install the artwork. Completed Public Art Projects in the City of Lauderhill Parks and buildings from 2008- 2015: • Police Station- Wall painting completed by Lauderhill Art Center Artists • Fire Station Gadson & Ravitz designed exterior space outside the city is Fire Station to serve as a memorial of the September 11, 2001 World Trade Center tragedy. ■ City Hall — National Call for artists for the following sites selected by Gadson & Ravitz from shop drawings: 0 Suspended artwork for double height lobby 0 Artist designed terrazzo floor 0 Painted Mural for Curved City Commission dome 0 Wall Mural depicting the City of Lauderhill History 0 Lobby.- Mosaic the time capsule Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 Parks • Ilene Lieberman Botanical Garden- (Gadson & Ravitz worked with local school children' to create art for the park gazebo, and designed and installed a rock wall mural for amphitheater wall) —Florida call to artists for the selection of the sculptor Mark Fuller, and provided project management services from design to installation of his sculpture. • Jackie Gleason Park — Invitational call for artists for a wall mural paying tribute to Jackie Gleason. Gadson & Ravitz worked with Veterans Park Children's Camp to create the imbedded in the sidewalk. 0 John Mullins Aquatic Center-- Gadson and Ravitz designed and created indoor lobby floor and an outdoor lithocrete (glass bead) floor. 0 Wally Effers, Park- Stained glass the mosaic mural on fountain, ceramic clay sculpture and the wall mural. 0 Broward Estates Park -Mosaic mural for amphitheater wall 0 Renaissance Park —900 tiles created by children from the Boys and Girls Club and the YMCA were imbedded into the sidewalk surrounding the tot lot. • Veteran's Park- Facilitated Call for Artist. Spearheaded the Public Art Committee for the selection of the artist Mark Fuller, and provided project management services from design to installation. Community Centers 0 6 Sadkin Community Center- Indoor and outdoor floors, children's art in lobby. X Windemere Community Center —Mural on exterior wall created by Lauderhill Art Center Artists. • Performing Art Center -In progress: 5 calls for artists - Facilitated Call for Artists. Spearheaded the Public Art Committee for the selection of the artists. Elements and organizational Structure of the team Administrative Gadson & Ravtiz is a two person team, both sharing interchangeable roles and responsibilities ranging from administrative to project management. Both attend all meetings with clients, prospects, contractors, sub contractors, and project managers the majority of the time. One partner is available at all times. Proposer's Approach o Gadson & Ravitz has a proven track record with all of our clients and t for Prompt service, customer satisfaction, and prompt complaint resolution. Methodology Our approach to fulfilling the Scope of Work begins with development of a work plan with due dates and deliverables. Once developed, a meeting with be scheduled with to review and make adjustment where appropriate. The team Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 will always be available via phone or email to respond to the city's need and to assure customer satisfactions. Our approach to challenges is to promptly respond, gather the facts and arrive at an immediate solution. Other Consultancy Public Art Consultancy • Broward County Cultural Corridor Project Evaluated art deficiencies in 3 adjacent cities to determine community needs and feasibility for innovative visual and performing art programs : Gadson & Ravitz Contact Person: James Shermer, Grant Administrator Broward County Cultural Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301 Phone: 954-357-7502 Contract: $30,000 • city of Dania Beach Design Plan- Created a design plan for a future Art and Antique District that incorporated use of historic building and placement of art throughout the city, creating a sense of place and a destination for art and antique enthusiasts (Gadson) Contact Person: James Shermer, Grant Administrator Broward County Cultural Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301 Phone: 954-357-7502 Contract: $30,000 Community of Liberia- Liberia Economic Services, Design Plan- Hollywood, FL: Created a design plan for a community park, transforming it into a historical museum without walls that captured historical African American figures, making the park a fun education place to gather. (Gadson) Contact Person: James Shermer, Grant Administrator Broward County Cultural Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301 Phone: 954-357-7502 Contract: $30,000 Gadson & Ravitz, LLB"- RFP 15-14R- Public Art Program Administrator- April 1, 2015 • City of Wilton Manors: Design Plan developed for creating an amphitheatre for community gathering. (Gadson) Contact Person: James Shermer, Grant Administrator Broward County Cultural Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301 Phone: 954-357-7502 Contract.- $30,000 Project Artist and Consultant: • In collaboration with Matting-Jackson/AECOM Landscape Architects & SITE specialists to create construction documents for various municipal projects and grants. Wrote Master Plans, designed and developed models, sketches, thernes—determined art placement, fabricated and installed artwork. * City of Defray Beach, FL landscape/hardscape design, Community Redevelopment Agency (ongoing), Veteran's Park (2010), Old School Square Cultural Arts Expansion, (2010) * City of Boynton Beach, FL Congress Avenue Park 2007-2009 * City of Deerfield Beach, FL.- Pioneer Cemetery entryway. 2006 * City of Tamarac, FL: Southgate Linear Park. 2005 (all above: Ravitz) • Chair. Public Art Committee for the city of Coral Springs for 7 years (Ravitz) • Member Broward Public Art and Design Committee (PAD) ( Ravitz) • Chair. Tamarac Public Art Committee for the City of Tamarac for 5 years (Gadson) • Member Broward County Public Art and Design committee- Pompano Beach Library Project (Gadson) 0 8 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1,. 2015 0 0 I* Project Task List and Work Plan Gadson & Ravitz, LLC- RFP 15-1411- Public Art Program Administrator- April i 1, 2015 Task List for Work Plan 0 Existing Information ■ Get an update on existing public art projects a Review the existing Public Art Master Plan ■ Make recommendations for additions or deletions with staff and PAC Members Information Gathering ■ Assess existing public art pieces ■ Identify constraints/barriers to maintenance of art pieces ■ Review existing procedures for cataloguing, overseeing appraisals and ensuring proper conservation. I ■ Establish a maintenance and management program for art pieces Public Art Policy Develop Public Art Map/Brochure ■ Establish a planning meeting and implementation plan. ■ Develop content to include text, photos and site map ■ Presentation to PAC of Draft brochure ■ Partner with the Public Information Office and the Public Art Committee to develop a program brochure/map that will not only increase the community's involvement in the program but also expand the current audience ■ Hold one community meeting ■ Establish meetings with staff to develop objective, schedules and clarify roles and responsibilities ■ Work together with the Public Information Office and Public Art Committee to develop press release and promotions materials. Develop design and content for the City's website ■ Presentation to PAC Committee ■ Graphic design and approvals Facilitate Two Public Art Projects ■ Create Draft Call to Artist • Advertising Call to Artist through various distribution channels ■ Prepare Review Book for Panel Review ■ Prepare PowerPoint Sideshow ■ Facilitate contracts with finalists ■ Facilitate interviews with project finalists a Correspondence with finalists ■ Work closely with Public Information Office on Press Release f 10 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 I* ■ Facilitate Engineering Review, Site Constructions Reviews ■ Permitting Scheduling of deliver and installation of art work Planning Dedication Ceremony ■ Preparing Cataloging and archiving information Care and Maintenance Flan Program Management: ■ Monthly Public Art Meeting ■ Monthly Agenda and Material Prep ■ City Commission/Community Meeting where artwork is discussed Work with Departments for consideration of integration art in to capital projects Budget: M Review Current Budget M Draft Recommendations a City Commission Report Gadson & Raviltz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 The following is based on a total budget of $59Y500 Work Plan Existing Information • Get an update on existing public art projects • Review the existing Public Art Master Plan • Make recommendations for additions or deletions with staff and PAC Members Information Gathering • Assess existing public aft pieces • Identify constraints/barriers to maintenance of art pieces • Review existing procedures for cataloguing, overseeing appraisals and ensuring proper conservation. • Establish a maintenance and management program for art pieces Public Art Policy Develop Public Art Map/Brochure • Establish a planning meeting and implementation plan. • Develop content to include text, photos and site map • Presentation to PAC of Draft brochure • Partner with the Public Information office and the Public Art Committee to develop a program brochure/map that will not only increase the community's involvement in the program but also expand the current audience • Hold one community meeting • Establish meetings with staff to develop objective, schedules and clarify roles • and responsibilities the Public Work together with Information Office and Public Art Committee to develop press release and promotions materials. TOTAL BUDGET: $59,500 TIMELINE* (Contingent upon execution of contract) June - August August - October October - December *Based on a Two Year Contract 12 Gadson & Ravitz, PLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 0 r� • Work Plan, Continued Develop design and content for the City's website 0 Presentation to PAC Committee a Graphic design and approvals Facilitate Minimum of TWo Public Art Projects • Create Draft Call to Artists • Advertise Call to Artists through various distribution channels a Prepare Review Book for Panel Review • Prepare PowerPoint Slideshow a Facilitate contracts with finalists a Facilitate interviews with project finalists a Correspondence with finalists ■ Work closely with Public Information Office on Press Release, City Newsletter a Facilitate Engineering Review, Site Constructions Reviews ■ Permitting • Scheduling of deliver and installation of art work Planning Dedication Ceremony Preparing Cataloging and archiving information ■ Care and Maintenance Plan Program Management: • Monthly Public Art Meeting • Monthly Agenda and Material Prep • City Commission/Community Meeting where artwork is discussed • Work with Departments for consideration of integrating art into capital projects Budget: Review Current Budget Draft Recommendations City Commission Report TOTAL BUDGET: $69,600 August — October (Updated on a continuous basis) Full Two Years of the Contract beginning in June 2015- May 2017 as needed. Ongoing for full term of the contract beginninginJune 2015- May 20176 Ongoing for full term of the contract beginning in June 2015- May 2017. N Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 Summary of Resumes Education: Consultancy George Gadson, M.A. 954-822-5425 Website: http:llwww.geortegadsonstudios-com N Duke University — 1975 BA a University of Valencia, Spain — Spanish Studies -1974 a Florida Atlantic University -Non-Profit Management Studies — 2002 a University of Massachusetts Amherst — Arts Management — 2006 a Brewer Christian College and Graduate School - The Kaleo Institute --Masters of Arts in Christian Education -2008 • City of Lauderhill, FL: Developed Master Plan for 13 capital improvement projects including: parks, playgrounds, municipal buildings, a fire station and aquatic center. Performing Art Center project in progress. 2008-present • Broward County Cultural Corridor Project: Evaluated art deficiencies in 3 adjacent cities to determine community needs and feasibility for innovative visual and performing art programs. • Liberia Economic and Social Development- Henry Graham Park Design Art Plan — 2008 Dania Beach, FL. — Art and Antique District Design Plan - 2006 Wilton Manor, FL — Jaycee Park Design Plan Consultant - 2006 City of Lauderdale Lakes, "Lauderdale Lakes Blueways" Design Plan - 2005 Selected Public Art Commissions • "Equality", Urban League of Broward County, Fort Lauderdale; FL - 2012 • "Common Unity', Urban League of Broward County, Fort Lauderdale, FL -2012 -2011 "Mangrove Canopy", Community Redevelopment Agency, City of Boynton Beach, FL ■ "Burst of Flowers", Lauderhill, FL- Broward Estates Park - 2011 • "Yesterday, Today, Tomorrow", Broward County Libraries, Lauderdale Lakes, FL - 2009 • Lauderhill, FL— "Imaginary Animals", Renaissance Park — 2008 Lauderhill, FL — Public Art Master Plan Consultant — 2008 to Present Lauderhill, FL. Ilene Lieberman Botanical Gardens — 2008 "In Celebration of Children and Families", Children's Services Council., Boynton, FL - 2007 a "Lift Every Voice", Florida Memorial University, Miami, FL - 2006 N "Family Roots",, Pompano Beach, FL - 2005 0 Tgreta Thula", Tamarac, FL., Tamarac Commons Park - 2005 Pineapple Grove ArtWalk- Delray Beach, FL- 2003:The Cultural Loop — Delray Beach, FL - 2003 ■ "The Bridge", African American Research Library and Cultural Ctr., Ft. Lauderdale, FL— 2002 West Pompano Beach Highlands Park Community Center, Broward County, FL - 2001 Art Professional History 8 Fine Artist Drawing, Painting., Photography, Sculpture 1981 -Present a Online Professor/Lecturer Brewer Christian College & Graduate School- Kaleo Institute 2008-Present Jacksonville, Florida Selected Art Commissions: • Jul Family Enterprises, Inc. — African American Achievers Awards — 2014 • Intemational Swimming Hall of Fame — Fort Lauderdale, FL -2012 • Fort Lauderdale Riverwalk Trust — Fort Lauderdale, FL- 2010 -2008 • United States White House Christmas Tree Ornament — Washington, DC • McDonald's Air and Sea Show — Fort Lauderdale, FL,, 2006, 2007 • Darden Restaurants, Inc. — Orlando, FL 2004, 2005 ■ The Jim Moran Foundation — Deerfield Beach, FL 2003 ■ Jack and Jill Children's Center - Ft. Lauderdale, FL 2003 Gadson & Ravitz, LLC- RFP 15-1411- Public Art Program Administrator- April 1, 2015 0 a C. Spencer Pompey Committee - Delray Beach, FL 2003 a Delta Heritage Foundation - West Palm Beach, FL 2003 a African American Research Library and Cultural Center, Ft. Lauderdale, FL 2002 a Youth Automotive Training Center, Deerfield Beach, FL - 2001 a Community Foundation of Broward- Ft. Lauderdale, FL - 2001 a J. M. Family Enterprises -Deerfield Beach, FL - 2000 e The Salvation Army, Ft. Lauderdale, FL - 2000 Good Samaritan Outreach - 2000 Gold Coast Magazine/ Presidents' Council -1999 (Exemplar Awards) - 2000 Ely Educational Foundation- Pompano Beach, F1 - 1999 • Healthy Mother Healthy Babies Coalition of Broward County - 1998, 1999, 2000, 2001 Super Bowl XXIX, "The Quarterback", to commemorate Super Bowl XXIX -1999 The Links of Broward County - 1998 18'�'Annual Sistrunk Historical Festival Poster - 1998 Children's Home Society- C.J. Radar "Hand of Hope" Award - 1996, 1997, 1998 ■ Super Bowl XXIX- Sculpture- "The Kicker"; The Quarterback- Super Bowl XXIX - 1995 Miami Dolphin quarterback, Dan Marino -Dan Marino Foundation - 1994 Painting for the 1994 Dan Marino Classic Golf Benefit Tournament - 1994 Selected Awards: a Best in Show-ArtServe- "African American Mosaic" - 2008 a Best in Show- Sculpture- Dania Beach Art & Antique Fine Art Show - 2006 s Community Service and Distinguished Achievement, Florida Youth Orchestra, Ft. Lauderdale, FL- 2006 a Friends of Broward County African American Research Library and Cultural Center - Ft. Lauderdale, FL - 2006 % Best of Show - Sculpture- Dania Beach Art and Antiques on the Avenue- 2006 a Spirit of South Florida Awards - NBC Channel 6 - 2006 4 Florida Youth Orchestra, Joseph Leavitt Award - 2006 4 Dr. Martin Luther King,, Jr. Humanitarian Award -City of Weston- Weston, FL -2 006 a Artist of the Year - ArtServe Encore Awards - Fort Lauderdale, FL - 2004 Honorable Mention - The Delray Affair -Delray Beach, FL - 2004 Judges Award - Promenade in the Park- Ft. Lauderdale, FL - 2002 Honorable Mention - "The Splendor of Bonnet House Art Competition Fort Lauderdale, FL 2000 Certificate of Achievement - Florida Atlantic University -1999 Public Art and Design Intensive Training Workshop - 1999 tA JM Family Enterprises, Inc.- African American Achievers Award - 1995 10 Cultural Foundation of Broward-Fellowship Award - 1996 One -Person Selected Exhibitions: - Ft. "Hattitudes: The Art of Hat Wearing" African American Research Library & Cultural Center Lauderdale, FL - 2007 City of Tamarac - Tamarac, Florida - 2005 Old Davie School Historical Museum: George Gadson.- Then & Now —Davie, FL - 2004 African American Research Library and Cultural Center -Ft. Lauderdale, FL - 2003 ■ Ashanti Cultural Arts, Fort Lauderdale, FL - 1995 0 15 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 Group Exhibitions: • "Keepers of the Dream" — Hollywood ArtsPark - 2009 • "African American Mosaic" — Tamarac, FL - 2008 • "Origins"- Lake Wales Art Center- Lake Wales, FL - 2005 • "The Middle Passage)' — Florida International University — 2005 • African Presence in the Western Hemisphere — Nova Southeastern University - 2004 * Form, Fashion and Photography, ArtServe, Ft. Lauderdale, FL - 2003 • "Healings and Heroes", ArtServe, Ft. Lauderdale, FL - 2002 • "Black Expressions" Broward County Sheriffs Office,, Ft. Lauderdale, FL - 2002 • 'The Splendor of Bonnet House Art Competition", Ft. Lauderdale, FL - 2000, 2001 • "Gathering of the Spirits% Gallery Antigua, Miami, FL 1999 • "Black Renaissance in Broward", JM. Family Enterprises Gallery at ArtServe, Ft. Lauderdale, FL - 1999 • Florida Black Newspaper Publishers Association's "Political and Economic Summit" - 1998 • "Inspiration 98" — Harriet W. and George D. Cornell Museum of Art and History — 1998 • Steven Roy Schacknow Memorial Exhibit- Coral Springs Art Guild- Schacknow Museum of Fine Art -1997 • "Inspiration 97" — Harriet W. and George D. Comell Museum of Art and American Culture, Delray Beach, FL — 1997 • "Linkages. Bridging the Gulf of Time" Old Dillard Museum -Fort Lauderdale, FL — 1996 0 0 'it 6 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 rI I* Pubic Ardst/ Consultant beth Ravitz Fine Artist/Sculptor www.betb-ravit2.com 11831 Highland 'Place - Coral Springs - FL - 33071 954-701.2118 PUBLIC ART CONSULTING Public Art Consultant City of Lauderhill, FL: Developed Master Plan for 13 capital improvement projects Including: parks, playgrounds, municipal buildings, a fire station and aquatic center. Performing Art Center project in progress. 2008-present •Broward County Cultural Corridor Project: Evaluated art deficiencies in 3 adjacent cites to determine community needs and feasibility for innovative visual and performing art programs. Project Artist • in collaboration with Glatting-Jackson/AECOM Landscape Architects & SITE specialists to create construction documents for various municipal projects and grants. Wrote Master Plans, designed and developed models, sketches, themes —determined art placement, fabricated and installed artwork, • City of Delray Beach, FL landscape/hardscape design, Community Redevelopment Agency (ongoing), Veteran's Park (2010), Old School Square Cultural Arts Expansion, (2010) • City of Boynton Beach, FL: Congress Avenue Park 2007-2009 • City of Deerfield Beach, FL: Pioneer Cemetery entryway. 2006 • City of Tamarac, FL: Southgate Linear Park, 2005 Professional History Fine Artist drawing, painting printmaking, collage 1985-Present Gallery Director Coconut Grove Gallery, Coconut Grove, FL 2006-2007 Broward College, Davie, FL 1999-2008 • Adjunct Professor/Lecturer Broward College, Nova Southeastern University 1999-2008 Davie, FL Selected PUBLIC ART COMMISSIONS AND GRANTS Selected Concrete —Powder Coated Alurninum—Metal • American Cancer Society -Relay For Life, Tacoma, WA, free-standing sculpture 2013 • Congress Avenue Park, Boynton Beach, FL, integrated screen panels 2011 • Volunteer Park, Plantation, FL, 3 free-standing park sculptures 2006 • North County Homeless Assistance Center, Pompano, FL, functonal sculpture 2004 • Animal Care Facility, Davie, FL, design in progress 2004 0 Veterans Park, Tamarac, FL, commemorative aluminum sculptures 2004 • Broward Animal Care, Pompano, FL, way -finding entry feature 2002 Gadson & Ravitz,, LLC- RFP 15-1411- Public Art Program Administrator- April 1, 2015 17 Selected Stained —Fused —Slumped Glass University of Central Florida, Orlando, FL, 2 story glass panels above stairs 2013 • Renaissance Community Senior Center, Orlando, FL, 8 glass clerestory windows 2007 Selected Terrazzo —Aggregate —Granite • J. Mullin Community Pool, Lauderhill, FL, lithocrete pool deck Boor 2011 • Fire Station #57, Lauderhill, FL, memorial for 9111 victims 2010 • J. Mullin Community Pool, Lauderhill, FL, lobby floor 2009 • City Hall, Lauderhill, FL, foyer floor design 2009 • Sadkin Community Center, Lauderhill, FL, rustic terrazzo courtyard 2009 Selected Ceramic -Clay --Glass Tile • Hispanic Housing Authodty, Portland OR, entryway glass the mural 2013 • Gainesville Senior Center, Gainesville, FL, entry fagade, clay and glass 2012 • Everglades High School Miramar, FL, entry fagade, grant funded 2011 • Flowering Tree Park, Lauderhill, FL, amphitheatre ceramic mural 2011 • Ocean Avenue Amphitheater, Boynton Beach, FL, wall and canopy 2011 • Nova Blanche Forman Elementary, Davie, FL, entry mural 2010 • Taravella High School, Coral Springs, FL, promenade mural 2009 • Ilene Lieberman Botanical Garden, Lauderhill, FL, sidewalk and gazebo 2009 • Renaissance Park, Lauderhill, FL, entry path and sidewalk in playground 2008 • Multicultural Park, Plantation, FL, free-standing pergola gateway and mural 2003 • Westchester Elementary School, Coral Springs, FL, pedestrian walkway mural 1999 Selected grams and Awards • 3 time recipient of Zone Residency Grant 2008, 2010, 2012 • 2 time recipient of Community Arts in Education Grant 2001, 2008 • Best Public Art in Florida at the FAPAP Year in Review toad, 2005 • FASLA Award; FL Chapter 2002, 2004 Selected EXHIBITIONS • Art and Culture Center of Hollywood, Hollywood, FL 2011 Art Basel, Miami, FL 2009 • Tuchin Center for the Visual Arts, Boone, NC 2009 • Mills County Arts Foundation, Ingram, TX 2009 • National Collage Exhibit, Lincoln Center, New York, NY 2005, 2008 • 2 + 3 Artist Exhibition, Hollywood, FL 2008 • Gallery S, Portraits Exhibit, Ft. Lauderdale, FL 2008 • Jupiter Center for the Arts, Jupiter, FL 2008 • Art Institute of R. Lauderdale, Mark Wheeler Gallery, Ft. Lauderdale, FL 2008 • Four Arts at Vero Beach, Vero Beach, FL 2008 • Wave Gallery, Key (Nest, FL 2008 • Yes Gallery, Wilton Manners, FL 2007 • Solo Exhibition, Coconut Grove Gallery, Coconut Grove, FL 2007 • Solo Exhibition, Miami Beach Botanical Garden Gallery, Miami, FL 2007 • Central Florida College Webber Center, Ocala, FL 2007 Gadson & Ravitz, LLC-- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 Grace Gallery, Dania Beach, FL 2006 • Nova Southeastern University, AJvin Sherman Library "Artist in Residence", Davie, FL 2006 • Costa Rica Ju6ed Exhibition, San Jose, Costa Rica 2006 Baker's Dozen International Collage Exhibit, New Plymouth, New Zealand 2004, 2005 International Museum of Collage, Assemblage and Construction, Mexico 2004, 2005 ArtColle, Museum and Gallery of Collage, Sergiens, France 2004, 2005 National Collage Exhibit, Lincoln Center, New York, NY 2005 • The Open Space Gallery, Allentown, PA 2005 • Soho Art Gallery Exhibition, Pensacola, FL 2004 • Eclectic Art Exhibition, Columbus, OH 2002 • Post Cards to New York, Macy Gallery, New York, NY 2002 Home Show, Schmidt Gallery Center, Boca Raton, FL 2002 • Ft. Lauderdale Museum of Art, Ft. Lauderdale, FL 2000, 2001 • T.W. Wood Gallery, Montpelier, VT 1999 • Coral Springs Museum of Art, Coral Springs, FL 1999 • Artlink Art Gallery, Ft. Wayne, IN 1998 0 0 19 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 Resume of Sub -consultants Claire Garrett Kathleen Cella Fera 20 Gadson & Ravitz, LLC- RFP 15--14R- public Art Program Administrator- April 1, 2015 0 0 0 0 CLAIRE GARRETT 3148 Cade Largo Drive * Hollywood, FL 33021 * Phone: (954) 684-1062 * clalregarri4taol.com Public Art and Design Career Summary Broward Cultural Division Claire Garrett served as the senior Project Manager for Broward Cultural Division's Public Art & Design program from 1995-2013, where she managed a diverse portfolio of public art projects. Ms. Garrett facilitated the public art process, delivering over 30 outstanding public art projects for the County on time and within budget. She developed the scope of work and the Call to Artists for these projects, many of which were placemaking projects. She coordinated community outreach meetings in the early stages of community -based projects. The projects that Ms. Garrett managed encompassed a broad spectrum of County Divisions and Departments such as Libraries, Parks, Public Works, Mass Transit, Human Services, Animal Care and Regulation and Port Everglades. Budget size ranged from $8,340 to $580,000. Notable past projects include the 3,000 square foot terrazzo and bronze floor by Michele Oka Doner for Port Everglades Terminal 18, the kinetic light project by Larry Kirkland in the ceilings of the two pedestrian skybridges at the Convention Center, the / LOVE YOU project by Rosario Marquardt and Roberto Behar for the Young at Art Museum/Broward County Library, the Pompano Drum Circle by Bill and Mary Buchen (SonArc, Inc,) for the Northeast Transit Center, and functional artistic amenities such as benches, shelters and bike racks by Jersey Devil, Inc. for multiple locations along the Greenway trails. Other Relevant Experience Member, Americans for the Arts Member, Florida Association of Public Art Administrators (FAPAA) • Member, Broward County Cultural Council 92-1995 ► Member, Public Art Master Plan Steering Committee, Broward County, FL 19 Gadson & RavitzJLC- RIP 15-14R- Public Art Program Administrator- April 1, 2015 0 CLAIRE GARRETT 3148 Calle Largo Drive * Hollywood, FL 33021 0 Phone.- (954) 684-1062 0 clairegarr(�aol.com Summary More than twenty-five years of arts management experience with expertise in the following areas: - Public Art Project Management - Art Gallery Management - Art Museum Education Department Management - Volunteer Program Management An experienced arts administrator with exceptional organizational, verbal and written communication skills. Adept at inspiring volunteers, motivating artists to do their best work on time and within budget, and working with diverse groups to develop consensus. Enthusiastic promoter of art and artists. Broad experience in public, private and nonprofit sectors. Relevant Arts Management Experience Bonnet House Museum & Gardens — Assistant Orchid Curator 2014-present • Recruit, train, coordinate and oversee the work of volunteers to maintain the extensive orchid collection • Lead monthly tours of the orchid collection • Coordinate and oversee orchid volunteer participation in the annual Orchid Festival, including producing divisions of the original orchids for sale during the Festival CG Arts Management and Consulting 2014-present * Individualized coaching services for artists Broward Cultural Division — Public Art Senior Project Manager 1995-2013 Managed a diverse portfolio of public art projects (budget size $8,340-$580,000) Supervised commissioned artists and brought over thirty projects to successful completion • Developed the project scope, Call to Artists and contracts; wrote reports and factsheets • Provided training for Artist Selection Panels and managed the artist selection process Prepared and delivered multi -media presentations -off meetings • Coordinated community and education outreach meetings, and project kick • Supervised the successful fabrication, delivery and installation of the artwork 0 Supervised contract compliance and Risk Management requirement compliance 0 Trained junior public art project managers # Developed Public Art curriculum for Broward County artist training 0 22 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 KATHLEENDELI.A1'ERA 110 SE 6th Fort Lauderdale, Florida 33305 471-1269 home (954) 561-4376 Cell (954}- Professional Profile As a classically trained artist and designer, Delia Vera has been assisting in the creation, coordination, and management of public art instaEations nation-wide. Her expertise in ethnograpby and her skill as a Master Gardener enable her to discover the distinctive physical and emotional characteristics of a place and its people; In this research capacity, she assists artists in the translation of these values into designs that reflect the natural and human culture of the community. She is also fluent u3 Spanish and trained in human resource management, so she understands how cultural difference and interpersonal dynamics influence a client's expected outcomes, as well as the collaborative processes of artistic teams. As the founder of Life by Design, Della Fera provides *individuals with design solutions that improve the functionality and aesthetic appeal of their home, office, and rental properties, often without incurring any adchtional cost. 11w, o 19 years serving as the first line of communication between a employees and customers for a elite world - made orgativIation o 1curricula' for a global staff from var-ious cultural and 5 years designing, teaching, and Coordinating training linostic backgrounds o 14 years serving as Assistant Grant Waiter and Installation Artist for Flon'da-based Public Artist responding to inquiries,inquiries,vetting interests, tracking correspondence, assist in managing press /publisher requests o 12 years researching and coordinating art project content and work with social. media consultant website/wordpress updates, including online conimunlities o 6 years Master Gardener Educator of best practices 'in sustainable and indigenous homiculture through a&Ttinistrative and outreach activities. Key SIdUs I I I o To make decisions with little of no supervision and in the face of crisis and time sensitive deadlines o to resolve difficult, emotionally charged or confrontational Issues while Maintaining composure and focusing on client needs o to demonstrate flexibility and adjust to new and challenging work conditions o to use time and resources efficiently and productively to achieve project objectives o Read, write and speak Spanish fluently; conversant in French and Italian. o ruthlessly efficient while maintaining creative flexibility, toimagiuie and brainstorm innovative ways of responding to a design request o exceptional writing and conununication skills, and able to work in a Mac 0sx/Google docs environment, Adobe Suite, Microsoft Office) ­.. Employment History T.41 FF Lauderdale, FL 2001-present I by design Founder and Freelance .DesignConfultant, 213 Gadson & Ravitz, LLC- RFP 15-1411- Public Art Program Administrator- April 1., 2015 Artist Assistant for Beth Ravtiz, LLC, Coral Springs 2002-present 0 0 Public Aft installation— multiple projects nationwide Writer. Grants., RFQ applications, project presentations Research planning and ethnography 0 Project design advisor 0 Photograpber and portfolio designer 2013 Real Estate St,ger, private i te client, Oakland Park 0 Generated narrative and created physical design to market property for vacation rental Land,rcape Desi 2013 gner for Enviroscapes Plus, Plantation, FT, interview husband and wife, survey physical property, draft master plan based on engineer survey to create new landscape and hardscape design responding to client vision Landscape Consultant for private client, Lighthouse Point, FL 2012 Consult on landscape design using site appropriate, low maintenance plants S ami Beach and Ff Lauderdale Beach 2001 & 2008 pace Desi private ,gn Coor&nator, p ' ate clients, Mi • -Renovation of Historical and Corporate long-term rental properties, 0 0 24 Gadson & Ravitz, PLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Gadson & Ravitz,-LLC Address 11831 Highland Place City State Zip Coral Springs, F1 33071 Phone/Fax G: 954- 822-5425 R: 954-701-2118 E-mail qeo[Legadson(a-)_gmaiI.com bethravitz g ail.com Agency/Firm Name: City of Lauderhill Address 5581 W. Oakland Park Blvd. City State Zip Lauderhill, Florida 33313 Phone/Fax 954-730-3004 Contact Name Desorae Giles -Smith dgiles@lauderhill-fl.gov Agency/Firm Name: Kathleen Margoles- City of Oakland Park Address 3650 NE 12'hAve Cit y State Zip Oakland Park, FL 33334 Phone/Fax (954j 630-4240 Contact Name Kathleenm@oaklandparkfl.gov Agency/Firm Name.* Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name James Shermer, Grant Administrator Broward County Cultural Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301 Phone.- 954-357-7502 JShermer@broward.org 25 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 COST PROPOSAL • PROPOSAL FORM RFP 15-14R PUBLIC ART PROGRAM ADMINISTRATOR PROPOSAL PRICE Public Art Program Administrator Services for a period of two (2) years. Lump Sum Two (2) Year Cost (Not to Exceed price based on hourly rates and estimated number of hours $5.9 per month): j500 Total Cost per Hour (Not to Exceed): $50 Estimated Number of Hours per month 50 Hours Estimated Reimbursable Expenses per month $100 SUBMITTED BY: Company Name: Gadson & Ravitz, LLC Address: 11831 -Highland Place City: Coral Springs, Florida State: FL Telephone:-G: 954-822-5425 R:954-701-2118 Fax: NA Email: gpor il.com beth -Com gegpdson@gma raviLz@cimail Zip: 33071 NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal Is not being submitted at this time. 2( Gadson & Ravitz, .LC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 0 PROJECT SCHEDULE Hours by Team Members (24 Month Schedule) Gadson & Ravi - 1, 190 Claire Garrett - 50 Kathleen Delia Fera, - 40 OTHER REQUESTED DOCUMENTS 27 Gadson & Ravitz, PLC- RPM' 15-14R- Public Art Program Administrator- April 1, 2015 NON -COLLUSIVE AFFIDAVIT State of Florida County of Broward )ss. t4D 45V ein first duly sworn, deposes and saysthat'. 1 Owner, )rtnqr He/sg is the r, Partner, Officer, Representative or Agent) of 'i � T the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal., 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4, Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on e the part of the Offeror or any other of its agents, resentati owneipls, employees or parties in interest, including this affian Signed, sealed and delivered in the presence of: . . . . . . . . . . . fitness �81 Pri elk^ * id NjYne Title 0 0 0 0 0 0 ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the /aday of XA d- 2Q 1, before me, the undersigned Notary Public of the State of Florida, perdonally appeared ce or c e.- gApSol% and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/shelthey acknowledge that he/she/they executed it. WITNESS my hand and official seal. WWI NOTARY PUBLIC, STATE OF FLORIIYA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: P/rint, Stamp, or Type as Commissioned) ,,, * � ;�., TINA M. WEATLEy. pUblic - StAt of Fkgid& My Cam. 6pW At* 6, I0 Personally known to me, or 0 FF 13MS V"*=, eProduced identification: F-wr MW - (Type of Identification Produced) 0 DID take an oath or DID N -0 T_ take an oath CERTIFICATION 0 THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (l}, the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (I} certify that we(l) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply With all of the requirements of the entire Request for Proposals. Indicate which type of organization below., INDIVIDUAL[] PARTNERSHIP[] CORPORATION[] X OTHE[R If t er') , Expl i Limited Liability - Corry pgay 4 &W, V2 iL C Authorize I ature Company Name Gadson & Ravitz, LLC Typed/Printed Name Address George Gadson 11831 Highland Place Telephone City, State, ZIP G: 954 822-5425 R. 954-701-2118 Coral Springs, Florida 33071 Fax Federal Tax ID Number NA 26-3377990 Email address for above signer (if any) georgegadson@gmail-com 0 OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88 th Avenue Tamarac, Florida 33321 Check One Submitted By: Gadson & Ravin t , G 0 Corporation Name: George Gadson & Beth Ravitz Partnership Address 11831 Highland Place Individual City, State, Zip Coral Springs, Fl 33071 (1,other Telephone No. G.- 954 822-5425 R: 954-701-2118 Fax No. NA State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Gadson & Ravitz, LLC The address of the principal place of business is 11831 Highland Place Coral Springs, Florida 33071 1, If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name:.,.-- d) Vice President's name: e) Secretary's name: f) Treasurer's name., • g) Name and address of Resident Agent:..*,-,.,,_.,-.-,-,---,,--.-,,,,.---,--.-,----.------,,-,,,.---_,.---,- 0 2. If Offeror is an individual or a partnership, answer the following: h) Date of organization: 9/02L2008 i) Name, address and ownership units of all partners: Gadson & Ravitz, LLC 11831 Highland Place Coral Springs, Florida 33071 j State whether general or limited partnership: Limited Liability Company 3. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: Offeror is a Limited Liability Company George Gadson 8834 NW 75 th Ct., Tama rc, FL 33321 Beth Ravitz 11831 Highland Place, Coral Springs, FL 33071 4. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. NA 5. How many years has your organization been in business under its present business name? 7 vears a) Under what other former names has your organization operated? NA 0 Gadson & Ravitz, LC- RFP 15-14R- Public Art Program Administrator. April 1, 2015 0 0 6. Have you ever failed to complete any work awarded to you? If so, state when, where and why: None 7. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). With combined careers of nearly 50 years, the team of Gadson & Ravitz helped obtain public art ordinances, written master plans, chaired public art committees and consulted for several cities, as well as created over 30 public art projects. Additionally, they have created several integrated pieces in collaboration with engineers, architects, landscape architects and municipalities and as part of a Master Plan for Art in Public Places. 8. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual; George Gadson.- 50% Beth Ravitz — 50% 9. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: None 10. Bank References: Bank Address Telephone xr Wis 1=ar9 o Bank 1460 Coral Ridge Drive, Coral Springs, Florida 954-786-7031 3 3 Gadson & Ravitz, LLC- RFP 15-14R- Public Art Program Administrator- April 1, 2015 The Offeror acknowledges and understands that the information contained in response to `pp� this Qualification Statement shall be relied upon by owner in awarding the contract and such Information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the conAa t shall cause the owner to reject the proposal, and if after the award, to cancel and ter to the award and/or contract. co n n te sn"' the a, iu ign�ature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of l3' Rd WA4P On this the day of 20 15 "before me, the undersigned Notary Publ!g of the State of Florida, personally appeared e6RG 6AD-1�0i✓ and (Name(s) of individual(s) who appeared before notary) • whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: TINA M. WHEATLEY Notary Public - Slaft of Florida s. My Comm. fxpkes Aug 6, 2018 Comowistin # FF 135874 M1 =2 === NOTARY PUBLIC, STATE OF FLOIDA U (Name of Notary Pudlic- Print, Stamp, or Type as Commissioned) [I Personally known to me, or XProduced identification: -- (Type of Identification Produced) 0 DID take an oath, or DID NOT take an oath 0 VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. "his requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICALJIE BIQ.S- Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from the business that certifies that it has implemented a drug -free workplace program shall beg iven preference in the award process. Established procedures for processing tie bids will be followed If none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1 Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection {1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each convicfion. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this seclion. As the person authorized to sign the statement, I certify th t his form complies fully with the above requirements. Company Name Athorized Ignature List of Sub -consultants Claire Garrett Kathleen Delia Fera r� I* r� CERTIFIED RESOLUTION NA 0 r� u FINANCIAL STATEMENTS (Available Upon Request) 0 u SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA aT&T.UTU, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. I This sworn statement is sui-bMi"LL �d wit b E3id,R or Co tr ct No. to the City of Tamarac for D Ak ( x^ TTMYA -A I - --, 2. This sworn statement is submitted by Gadson & Ravitz, LL C (Name of entity submitting sworn statement) elP Federal Employer Identification Number (FEIN) 337 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is Georga Gadson (Print name of individual signing) My relationship to the entity named above is Mr, 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Is Statutes, means a violation of any state or federal law by a person with respect to and -directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida StatuLeq, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors,, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arms length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I* 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of a n entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FORTHAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO ACONTRACT IN EXCESS OF THE n A CIA THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, 1W TUTE§ FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION COM*.IN THIS MO,M. (Date) 0 ACKNOWLEDGMENT State of Florida County of On this the /day of f� I 20g, before me, the undersigned Notary Public of the State of Florida, personally appeared eqrq and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they "dvaftao acknowledge that he/she/they executed it. WITNESS my hand and official seal. 0 NOTARY PUBLIC SEAL OF OFFICE: sit# 111#A M, MWATLEY Nalry PAft, . $tat# of flodda My Comm. tlpitgs Avg 6. 2015 COMMiSsWn 0 Ff 135116 lmd,14 No" 0 NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) 0 Personally known to me, or VProduced identification: GG DRivees L/� (Type of Identification Produced) [I DID take an oath, or 'DID NOT take an oath y SUMMARY OF INSURANCE FOR: GADSON & RAVITZ LLC PO BOX 771802 POMPANO BEACH FL 33077 Phone: BY: HOME OFFICE NTjTMEG INSURANCE AGENCY INC/PHS po BOX 29611 CHARLOTTE NC 28229 Phone: (866) 467-8730 FAX: 025657 TxE fLARTFURD Prepared:8/21/2014 FAX: (888) 443-6112 ACCOUNT POLICY RECAP Polk X - Number -Ef f Date Em Date Premium Spectrum 02 SBY, RB1254 08202014 08202015 $438.35 Sentinel Ins Co LTD POLICY DETAIL Policy Spectrum Property Caves ,gees - Form Limit Deductible Location 001 Building 001 11831 HIGHLAND PL CORAL SPRINGS, FL 33071-7827 .jocation 001 Builciing 002 11831 HIGHLAND PL CORAL SPRINGS, FA_T 33071-7827 Comm'I Liability COVeragjs_ -Ada Iicable to all _polio locations Each Occurrence $1,000,000 Damage to Premises Rented to You $1,000f000 Medical Expense (Any One Person) $lot 000 Personal & Advertising Injury $1,000,000 General Aggregate $21000t000 Product/Complet operation Aggregate $2,000,000 Hired Non -Owned Auto Liability $If000fcoo EMPL PRACTICES LIAR COVG $101000 CYBER_'FLEX LIABILITY EXC1TJ3T0N TERRORISM DATA BREACH RESPONSE EXPENSE COVG $1 or 000 $1,000 DATA BREACH DEFENSE & LTAB COW1.3 $50,000 Class Description Detail Code Premium Basis LOCATION 001 Consultant - NOC 65781 $25,000 LOCATION 001. Art Studio Including Art 44831 Lessons This summary and its attachrnents provides high 1evel overview of policy coverages and does riot include all conditions, limitation or exclusion. Please refer to the actual policy forms for detailed cover -'ages, limits and deductibles. 0 Exhibit 3 0 0 0 April 22, 2015 PUBLIC ART PROGRAM ADMINISTRATOR RFP 15-14R FINAL EVALUATION TOTALS Laura Atria Gadson & Ravitz Back round, Education & Exeerience (Max 26 voi tsl - ----- - --- Director of Community Development 20 2424 Assistant Director of Parks & Recreation 20 'Grants Administrator 23 25 Public Services Operations Manager 15 25 Availability of the Proposed Staff Members (Max 20points} Director of Community Development 20 19 Assistant Director of Parks & Recreation 19 17 Grants Administrator 19 15 Public Services Operations Manager ---- 15 18 r- Knowledge of and Proposed Approach (Max 20 poi_,_ ts) - Director of Community Development 15 20 Assistant Director of Parks & Recreation 17 18 Grants Administrator 19 1920 Public Services CiLerations Manager 15 Consultant Teamwork History (Max 25 points) . . .......... Director of Development 20 25 -Community Assistant Director of Parks & Recreation 22 -------- 24 Grants Administrator ... 23 25 Public serviyes. operations Manager .. ..... 15 25 Cost Price (Max 10 points) Director of Community Development 7.45 10 Assistant Director of Parks & Recreation 7.45 10 Grants Administrator 7.45 10 Public Services operations Manager 7.45 10 ------ - TOTAL POINTS Director of Community Development 82,45 85,45 98 93 Assistant Director of Parks & Recreation Grants Administrator 91.46 94 Public Services Deerations Manager 67.45 98 383 TOTAL 326.8 ...... TOTAL RANKING Director of Community Development 2 Assistant Director of Parks & Recreation 2 Grants Administrator 2 Public Services Operations Manager 2 2 ----------- AGREEMENT BETWEEN THE CITY OF TAMARAC GADSON & RAVITZ, LLC THIS AGREE ,YIENT is made and entered into this c�1*ay of 120 _&, by and between the City of Tamarac, a municipal v corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City I)) and Gadson and Ravitz, LLC, a Florida Limited Liability corporation with principal offices located at 11831 Highland Place, Coral Springs, Florida 33071 (the "Consultant") . WHEREAS, the City intends to develop a master plan relating to public art for the City of Tamarac, and, WHEREAS, the City requires certain professional services in connection with Public Art Master Planning Services and, WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal 15- 14R, "Public Art Program Administrator" issued March 8, 2015, including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to provide Public Art Program Administration. 2.1.2 The Consultant shall perform the services in accordance with the provisions contained in Request for Proposal #1 5-14R, "Public Art Program Administrator'' as specifically stated in the proposal and incorporated herein as well as the response to the proposal included herein, all of which are incorporated herein as if set forth in full. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Carder. Each Purchase Carder or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. In the event of conflict, this Agreement shall govern, followed in precedence by Request for Proposal #15-14R, "Public Art Master Program Administrator" and Consultant's proposal response dated April 11 2015. 2.1.3 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3} Insurance a. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Automobile Liability, and all other insurance as required by the City, including Professional Liability coverage. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. b. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. c. If consultant is not required by Florida Statutes to maintain Workers' Compensation insurance, the Consultant shall endeavor to provide a Workers' Compensation Exemption pursuant to Chapter 440, Florida Statutes and shall not perform work under this contract until such exemption is obtained. 4) Term of Agreement The contract shall be for an initial period of two (2}years commencing with the date of final acceptance by the City. The City reserves the right to renew the contract for up to two (2) additional two (2) year periods, providing all parties agree to the renewal and all of the terms, conditions and specifications remain the same. In the event services are scheduled to end because of the expiration of this contract, Contractor shall continue the service upon the request of the Purchasing and Contracts Manager. Any extension period shall be in place on a month to month basis, until terminated by the City. The contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 5) Contract Sum The Contract Sum for the above work shall be Fifty -Nine Thousand Six Hundred Dollars and No cents ($59,600.00), which includes snot -to -exceed fee of Fifty -Nine Thousand Five Hundred Dollars and No Cents ($59,500.00) plus estimated reimbursable expenses of One Hundred Dollars and No Cents ($100.00). 6) Payments Contractor shall provide invoices for completed on a monthly basis. Payment will be made monthly for work that has been completed and properly invoiced. Invoices must bear the project name, a complete summary of hours worked by partners or employees of the firm, receipts for any reimbursable expenses and the City's purchase order number, which will be issued separately from this Agreement. City has up to thirty (30) days to review, approve and pay all invoices after receipt. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification i. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged.- a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub - Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental iii administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. ii. 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. iii. The Consultant 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. iv. 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 Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. v. The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant 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 Consultant. Furthermore, the City and Consultant 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 Consultants responsibility to indemnify. 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor/Consultant and its subcontractors 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 if qualified. The Artist will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital iv status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. 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 and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Artist further agrees that he/she will ensure that Sub -ail subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant 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 Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant 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 Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) 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 ,CONSULTANT Gadson & Ravitz, LLC 11831 Highland Place Coral Springs, FL 33071 ATTN: George Gadson, MGR (954) 822-5425 georgegadson@gmail.com 12) Termination 12.1 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 Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. 13) Records/Audits 13.1 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: 13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service-, 13.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law, 13.1.3 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 13.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 13.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce any available contract remedies in force including Article 12, "Termination" of this Agreement. 13.3 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. 14) Uncontrollable Forces 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing Vii continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Contingent Fees The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 17) Truth in Negotiation Certification 17.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 17.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. 18) 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. 19) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 20) 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 V& 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. 21) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 22) 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. 23) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its Manager, duly authorized to execute same. F TAMARAC C .44�� lll:0 Harry resslvr, Mayor % C) Go Dat oe" 11 A Michael. Cernech City Manager NO Patricia A. Teufel, CM Date: City Clerk Approved as to form and legal sufficiency. Date ATTEST: N/A (Corporate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) -Sam Goren George Gadson Type/Print Name of Manager Date CORPORATE ACKNOWLEDGEMENT STATE OF 'SS 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 George Gadson, Manager, of Gadson & Ravitz, LLC, a Florida Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of 2 0__._ --T TINA M. WHEATLEY Notary Public - State of Florida 3 • = MY Comm. E" Ores Aug 6. 201$ X I ) Florida Commission # FF 135878 too 1 0% %Nded 1*0* klimal Assit 1W IMP- IMP, Xi Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or Produced Identification Type of I.D. Produced F-1 DID take an oath, or DID NOT take an oath.