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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-086Temp. Res. No. 11429 June 11, 2008 Page 1 of 3 Revision #1, June 10, 2008 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- 4- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE TERMINATION OF THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND BARNEY & WORTH, INC. FOR THE DEVELOPMENT OF A PUBLIC ART MASTER PLAN; MAKING CERTAIN FINDINGS AND CONCLUSIONS; AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, AND AUTHORIZED CITY STAFF TO TAKE APPROPRIATE ACTIONS CONSISTENT WITH THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 31, 2005, the City of Tamarac ("City") entered into an Agreement with Barney & Worth, Inc. ("Contractor") for the purpose of developing a public art master plan within the City; and WHEREAS, on June 13, 2007, the City Commission approved Resolution No. R- 2007-72 which provided for the approval of Change Order #1 to the Agreement with the Contractor for the provision of electronic polling of participants during public meetings related to the public art master plan; and WHEREAS, as of this date, the City Commission desires to terminate this contract for convenience; and WHEREAS, City staff has provided the City Commission with sufficient documentation and facts to support a finding that the termination of the contract with Temp. Res. No. 11429 June 11, 2008 Page 2 of 3 Revision #1, June 10, 2008 the Contractor is in the best interest of the City; and WHEREAS, the Director of Community Development recommends termination of the construction contract; and WHEREAS, the City Commission deems it to be in the best interest of the health, safety, and welfare of the citizens, residents, and businesses of the City of Tamarac, Broward County, and the State of Florida to authorize the appropriate city officials to take any and all action necessary to terminate the Agreement between the City and Barney & Worth, Inc. for public art master planning services. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1. That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby made a specific part of this Resolution. SECTION 2. The City Commission finds that it is in the best interest of the City to terminate the Agreement dated June 15, 2007 with Barney & Worth, Inc. as amended by Change Order #1 dated June 15, 2007, for convenience, pursuant to Section 13.1 of the Agreement. The City Commission hereby authorizes the City Manager, City Attorney, and authorized City staff to take all appropriate action to terminate the Agreement with Barney & Worth, Inc. SECTION 3. All resolution or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Temp. Res. No. 11429 June 11, 2008 Page 3 of 3 Revision #1, June 10, 2008 SECTION 4. 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 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CI COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS � DAY OF , 2008. CITY OF TAMARAC, FLORIDA Beth Flansbaum-Talabisco, ayor ATTEST: v MARION ENS N, C C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAM EL S. REN CITY ATT NEY RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PORTNER DIST 2: COMM ATKINS-G D_ DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER.Q�