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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-245Temp. Reso #8727 September 20, 1999 Page 1 CITY OF TAMARAC RESOLUTION NO. R-99- �s A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE WHITE WILLIS THEATRE, INC. AND THE CITY OF TAMARAC, FLORIDA TO COMPENSATE WHITE WILLIS THEATRE, INC. AN AMOUNT NOT TO EXCEED $13,000.00 FOR THE SERVICE OF PROVIDING INSTRUCTORS FOR 288 HOURS OF CLASS INSTRUCTION AND TECHNICAL ASSISTANCE FOR TWO PERFORMANCES TO FULFILL THE CITY OF TAMARAC'S BROWARD CULTURAL AFFAIRS COUNCIL CULTURAL ARTS & EDUCATION GRANT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by offering exposure to the cultural arts; and WHEREAS, the City Commission of the City of Tamarac authorized the submittal of a grant application to the Broward Cultural Affairs Council for a Cultural Arts & Education Program Grant in Resolution 98-355; and WHEREAS, the City of Tamarac has specified a partnership with White Willis Theatre, Inc. to provide instructors for a series of classes and technical assistance for performances in the cultural arts to meet the requirements for the Broward Cultural Affairs Council Cultural Arts & Education Program Grant; and WHEREAS, the City of Tamarac will execute an agreement with the White Willis Theatre, Inc. to provide these services, for an amount not to exceed $13,000.00, attached hereto as Exhibit 1; and 1 n 1 n LJ Temp. Reso # 8727 August 30, 1999 Page2 WHEREAS, the City Commission of the City of Tamarac will receive $10,000.00 the Broward County Cultural Arts & Education Program Grant and has additional funds of $3,000.00 in the Parks and Recreation Operating Budget for the compensation of the White Willis Theatre, Inc.; and WHEREAS, the City Manager and the Parks and Recreation Director recommend execution of this agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac, to execute the agreement with White Willis Theatre, Inc. to provide instructors for class instruction and technical assistance for performances to fulfill the Broward Cultural Affairs Council Cultural Arts & Education Grant Agreement. 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. Section 2: That the City Commission has authorized the appropriate City Officials to execute the White Willis Theatre, Inc. Agreement, attached hereto as Exhibit 1. Section 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its adoption. Fj 1 I Temp. Reso # 8727 August 30, 1999 Page3 PASSED, ADOPTED AND APPROVED this da y of September, a�"1999. ATTE T: CAROL GOLD CITY CLERK I HEREBY CERTIFY that I have Ap, xypved this Resolut77V to'forin.l _ MITCHELL S. KWF-V CITY ATTORNEY RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST Z: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4 ' _____,.,_.,_._,._.. comm. RoaERTq Temp. Reso. #8727 Exhibit 1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND WHITE WILLIS THEATRE, INC. THIS AGREEMENT is made and entered into this � da�r of 1999 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Ave., Tamarac, FL 33321-2401 (the "City") and White Willis Jhpatce. Inc., a Florida Corporation with principal offices located at 87701-HQIly_Ct.. Tamarac, FL 33321 (the "Contractor") to provide instructors for cultural arts classes and technical assistance for the mounting of performances/exhibitions for the City of Tamarac Broward County Cultural Affairs Council Grant Program. In consideration of the mutual promises contained in this document, the City and Contractor agree as follows: 1. The period of this agreement shall be from October 1, 1999 to September 30, 2000 inclusive. 2. Contractor agrees to perform the services described in Exhibit A attached hereto and incorporated herein as if set forth in full. Additionally, Contractor acknowledges that it has reviewed the services to be provided, as set forth in the Agreement between Broward County and the City of Tamarac for the Broward Cultural Affairs Council Cultural Grant Program, which provides that the City of Tamarac, with White Willis Theatre, Inc., will provide class instruction and two(2) exhibitions/performances. Contractor agrees to provide said services, as described in an exhibit to the Agreement between Broward County and the City of Tamarac, said exhibit being attached hereto as Exhibit B, and incorporated herein as if set forth in full. 3. For satisfactory performance of the services described in the attached Exhibit A&B the City shall pay Contractor the following compensation. (a) The Contractor will be paid an amount not to exceed $10.000.00 for the instructional services provided. An itemized invoice will be submitted monthly identifying the number of hours of instruction at a cost not to exceed $35/hour and class title with instructors name. (b) The Contractor will provide technical assistance for the mounting of two (2) exhibition/performances during the agreement period at a cost not to exceed $3,000. 0 VcontractswWhite Willis (c) All expenses are included in the amount above. Payment shall be made within thirty (30) days after the City s receipt and approval of Contractor's statement of services and costs, prepared in such form and detail as the City may specify. Contractor shall not incur costs for performance of services under this Agreement in excess of $13,QQQ without the prior written authorization of the City Manager or designee. 4. In performing services under this Agreement, Contractor shall be deemed an independent Contractor and shall not act as nor be an agent or employee of the City. As an independent contractor, Contractor will be solely responsible for determining the means and methods for performing the professional and/or technical services described in Exhibits A&B. This Agreement shall not be assigned by Contractor; any attempt to do so shall be void and have no effect. All of Contractor's activities will be at its own risk and Contractor is hereby given notice of its responsibility for arrangements to guard against physical, financial, and other risks as appropriate. Contractor shall observe and abide by all applicable laws and regulations, including, but not limited to, those of the City of Tamarac relative to conduct on its premises. Contractor agrees to perform its services with that standard of professional care, skill, and diligence normally provided in the performance of similar services. 5. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Contractor in the performance of this Agreement shall be used only in connection with the services provided to the City. All drawings and specifications developed as a result of this Agreement shall be the property of the City of Tamarac. 6. Either the City or Contractor may terminate performance under this Agreement at any time by notifying the other party in writing at least thirty (30) days in advance of the effective date of termination specified in such notice. Upon termination of this Agreement, City shall pay Contractor for services performed up to the date of the termination and no further compensation shall be paid to Contractor. 7. Contractor shall notify the City promptly of any expected delay in performance of services. However, Contractor shall not be liable for delays in performance beyond its reasonable control. 8. The City may at any time, by issuance of a written Change Order to this Agreement by the City Manager or designee make changes, within the scope or period of performance of this Agreement. Contractor and the City Manager or designee shall negotiate an equitable adjustment, if appropriate, in the terms of this Agreement to cover any such change. No payment for additional services not provided for in this Agreement shall be made unless such are performed pursuant to a written Change Order. U:contractswWhite Willis 2 9. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 10. Contractor agrees to indemnify and hold harmless the City from any claim, damage, liability, injury, expense, or loss arising out of Contractor's performance under this Agreement, except for injury or damage caused by the sole negligence of the City. 11. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. Co tractor 9` 0 51,231me 11111 12. This Agreement constitutes the complete understanding of the parties and supersedes any other prior agreements, and shall be governed by the laws of the State of u:cOnlraclswwhile Willis 0 3 Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 0 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Authorized Representative and Whitg LNillis Theatre, Inc., signing by and through its President, duly authorized to execute the same. CITY OF TAMARAC Jeffrey ler, City ML�'—anager Date: ?-,�-7-�11 7 � Schreiber, Mayor Date: —7 as to form and legal Mitdhell S. Kraft, City Attdry(ey Date: q1 -�- 7 — I `7 WHITE WILLIS THEATRE, INC. �91� L�� Dorothy Willis, resident 1 Date: U:CnntraCtswWhite Willis 4 STATE OF FLORIDA COUNTY OF SS 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 Dorothy Willis.r i nt of White Willis Theatre. (officer or agent and title) (name of corporation) to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that she executed the same. WITNESS my hand and official seal this ?day of i19 �pBY P& OFFICIAL NOTARY SEAL, N `,NANCY WILSOg§T 0 ixrlrssou Illumsen t CC742466 aF �� JUNE 5,2002 • h or DID NOT tak 0 U:conlraCtSwWhile Willis NOTARY PUBLIC, State of Florida at Large (Name of No ary Public: Print, Stamp, or Type as Commissioned) (l,rl5e-rsonally known to me or ( ) Produced Identification Type of I.D. Produced Temp. Reso. #f 8727 Exhibit 1 EXHIBIT Contractor Agreement COPE OF WO K This sets forth the objectives to be reached by this effort in accordance with the Agreement. (a) Contractor will: 1. Provide qualified instructors for classes, including four (4) classes in dance, music, drama and poetry for three targeted groups; youth 6-10, teens 11-17, and adults/ seniors, for two (2) twelve (12) week sessions; the first October — December, and the second February -- April. 2. The instructors will prepare a curriculum to be submitted and approved by the City of Tamarac Parks and Recreation Director by the 24'h of September. 3. White Willis Theatre, Inc. will provide technical assistance for the mounting of two (2) exhibitions/performances by class participants, at the conclusion of each twelve (12) week session. Technical assistance will include but not be limited to; a framework for the exhibitions/performances, recommendations for lighting, sound, costumes, scenery/set, support at time of exhibition/performance and . other artistic consultation, as needed. (b) Contractor shall provide additional services as requested. Fees for requested additional services will be negotiated and approved in writing with the City prior to providing the specific service. (c) The City's Contact Person under this Agreement will be the Parks and Recreation Director or designee. The City Contact Person will be responsible for the approval of curriculum, scheduling of classes, approval of invoice for payment of White Willis Theatre, Inc., publicity of classes and events, registration of class participants and coordination with White Willis Theatre, Inc. on the mounting of exhibitions/performances. The development and execution of the two (2) performances/exhibitions is the responsibility of the City of Tamarac. 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