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Home My WebLink AboutCity of Tamarac Resolution R-2014-132Temp. Reso. #12588 November 19, 2014 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014 - 13oolo A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE EXECUTION OF AN EXTENSION OF AGREEMENT TO PROVIDE PUBLIC ART ADMINISTRATION SERVICES TO GLENN WEISS, PUBLIC ART ADMINISTRATOR IN THE AMOUNT OF $59,562-00 NUNC PRO TUNC FROM NOVEMBER 9, 2014 THROUGH. DECEMBER 31, 2015; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE EXTENSION TO AGREEMENT AMENDMENT #1 ATTACHED HERETO AS EXHIBIT "1" AND INCORPORATED HEREIN; PROVIDING FOR RENEWALS; 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 p 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, Glenn Weiss was the sole responder to the Citya 's Request for Proposal ("RFP 13-03R") for Public Art Program Administrator issued b the City Y on January 27, 2013; and Temp. Reso. #12588 November 19, 2014 Page 2 WHEREAS, the City Manager entered into an Agreement with Glenn Weiss dated May 8, 2013 to serve as the City's Public Art Administrator for a contract amount not to exceed $51,300-00 consistent with Section 6-145 (b) (4) of the Tamarac Procurement Code; and WHEREAS, the contract requires an extension of term nunc pro tunc from November 9, 2014 through December 31, 2015 in order to complete additional work under the City's Public Art Program; and WHEREAS, City staff and Glenn Weiss have agreed upon a revised contract price of $59,562.00 through the contract extension period of November 9, 2014 through December 31, 2015 which shall include pricing provided for expenses if required in the future; and WHEREAS, the City has fixed pricing in the amount of $39,800.00 for a second one (1) year renewal option from January 1, 2016 through December 31, 2016 subject to successful performance by the Consultant, where the increase in contract amount including the option to renew will result in the total contract value to be $99,362.00 which is beyond the administrative procurement threshold established in Section 6-145 (b) (4) requiring City Commission authorization and approval; and WHEREAS, subsequent one year renewal options beyond December 31, 2016 may be permitted under this Agreement at the option of the City subject to mutual agreement and subject to successful performance by Consultant; and WHEREAS, there are funds available in the Public Art Program to cover all costs associated with the administration of the public art program; and Temp. Reso. #12588 November 19, 2014 Page 3 WHEREAS, it is the recommendation of the Community Development Director and the Purchasing and Contracts Manager to extend the Agreement awarded under RFP #13-03R to Glenn Weiss to continue to serve as the City's Public Art Administrator nunc pro tunc from November 9, 2014 through December 317 2015 for a contract price not to exceed $59,562; and WHEREAS, furthermore, it is the recommendation of the Community Development Director and the Purchasing and Contracts Manager that the City Manager be authorized to execute a subsequent renewal option for the period of January 1, 2016 through December 31, 2016 subject to mutual agreement and successful performance by the Consultant in the amount of $39,800, which will result in an aggregate contract value of $99,362.00 with additional one year renewal options allowable; and WHEREAS, it is recommended that the appropriate City Officials execute an extension Agreement Amendment with Glenn Weiss; 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 extend the existing Agreement with Glenn Weiss to serve as the City's Public Art Administrator nunc pro tunc from November 9, 2014 through December 31, 2015 for a contract price not to exceed $59,562.00, a copy of said Agreement Amendment #1 is included herein as Exhibit I" (attached hereto, incorporated herein, and made a specific part thereof); and WHEREAS, the City Commission of the City of Tamarac, Florida further deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the City Manager to execute a subsequent renewal option Temp. Reso. #12588 November 19, 2014 Page 4 for the period of January 1, 2016 through December 31, 2016 subject to mutual agreement and successful performance by the Consultant in an amount not to exceed $39,800, which will result in an aggregate contract value not to exceed $99,362.00 with additional one year renewal options allowable. 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 and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The extension of the Agreement with Glenn Weiss is hereby approved. SECTION 3: The appropriate City officials are hereby authorized to execute Extension Agreement Amendment #1 with Glenn Weiss to serve as the City's Public Art Administrator nunc pro tunc from November 9, 2014 through December 31, 2015 for a contract price not to exceed $59,562, a copy of said Agreement Amendment is attached hereto as Exhibit I of. SECTION 4: The City Manager is authorized to execute a subsequent renewal option for the period of January 1, 2016 through December 31, 2016 subject to mutual agreement and successful performance by the Consultant in an amount not to exceed $39,800, which will result in an aggregate contract value not to exceed $99,362.00 with additional one year renewal options allowable. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #12588 November 19, 2014 Page 5 SECTION 6: 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 L This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this A) ATTEST: • \ PATRICIA TEUFEV, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM CITY ATTORNEY day ofX )2014. HARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER� DIST 4: COMM. PLACKO City of Tamarac AGREEMENT AMENDMENT #1 BETWEEN THE CITY of TAMARAC . of GLENN WEISS Purchasinq and Contracts Division ?de THIS AGREEMENT AMENDMENT is made and entered into this i� day of ku..'OdOl � by and between the City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88"' Avenue, Tamarac FL 33321 (CITY), and Glenn Weiss, an individual with principal offices located at 13645 Via Aurora, Unit b, betray Beach, Florida 33484 (the "Consultant") agree to amend the original Agreement dated May 8, 2013 to provide for Public Art Program Administration of the City of Tamarac Public Art Program. 1. Amend Section 4 "Schedule" to now read as follows: 4) $swho d�le Contract Term 4.1 This 6greement shall be extended effective November 9 2014 and shall be in place through December 31 2015 with an option to renew for additional one 1 year periods subject to successful erformance by the Consultant. The Qijy.shall be the sole judge of succes ful gerformance. w R • • • AlRL� M A,—� • sor &IM ws • s • ,► w • ss w w 0ATMAJ is I a I a w • ■ A ► • • • w • M • • • • a • •- W • aw w w • • • • • • ww w • w w • • w •w • • • ■ • • ► • r Iili ��l■000KIM1 "iw\"1tt1■LA�-IaL-I31111111[� ►-�ELLAIL-A. � IL- 0�17MLIFTTTT. • • r 2. Amend Section 5 "Contract Sum & Hourly Rates" to now read as follows: 5) Contract Sum &Hourly Rates 5.1 The Contract Sum for the above work shall not exceed a total of Fifty - Nine Thousand Five Hundred Sixty -Two Dollars and no cents ($59,562.00) ■ ■5i1 V■ 411W • 0 ■VMVM■ 9M1 ■ 9 ■• VV ■ ■M■ ■M■ VM U./VI.M. V M■ •M . ■V IWINWR ■ry . ,�,Vr sV which includes a total contract value not to exceed Fiwwwwwwfty-Five Thousand Nine Hundred Si -Two Dollars and no cents 53 g62.00 , Fai,409 Husnedr.e.K.1 Dwelookaftmo avaqueftwi InVeD n%rawnseteff ($4 Q, 5.0. 0... Q .0.1. and reimbursable expenses not to exceed Three Thousand Six Hundred Dollars and no cents 3 600.00 stand SL Consultant's hourly rate shall be Fifty -Five Dollars and no cents ($55.00) per hour for the grincirml, and Twen -Two Dollars and no cents 22.00) ger hour for Consultant's staff or sub -consultant. Purchasing 5.2 In the event that Cily exercises its renewal option for the period of Janus 12 2015 throu h December 31 2015 the Sum for the work to be com leted during that.period eriod shall not exceed a total of Thi -Nine Thousand Eight Hundred Dollars and no cents 39 800.00 which includes a total contract renewal value not to exceed Thirty -Seven Thousand Eight Hundred Dollars and not cents 37 800 and reimbursable exl2enses not to exceed Two Thousand Dollars and no cents($2,000.00). Consultant's hour) rate -t-ive tiviars ana no cents t bb.uu) oer nour and Twen -Two Dollars and no cents 22.00) Rer hour for Consultant's staff or sub -consultant. 5.3 62Rroval of an subse uent o bons to renew shall be based on th same terms conditions and hourly Ddging,subject to successful gerformance by the Consultant. The Cily shall be the sole judge of successful 12erformance. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its Owner duly authorized to execute same. Patricia A. Teu#el, CM Interim City Clerk Date CITY OF TAMARAC ichael C. Cemech, City Manager Date: Approved as to form and legal sufficiency: ren AO r City of T+ WITNESS my hand and official seal this day of 1`1?�" , 20 P/ Signature of Notary Public State of Florida at Large El Personally known to me or $e Produced Identification Type of I.D. Produced El DID take an oath, or ;ir DID NOT take an oath. Purchasina and Contracts Division GLENN WEISS L-00000' It- 2,V - I Date TM M. MOTLEY !logy Public - lift N NNW My Cwm. 60M ALI 6, 2018 COMMON OFF 135878 11'NMf��l&o1�ry IMM