HomeMy WebLinkAboutCity of Tamarac Resolution R-99-245Temp. Reso #8727
September 20, 1999
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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
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Temp. Reso # 8727
August 30, 1999
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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.
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Temp. Reso # 8727
August 30, 1999
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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.
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(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.
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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
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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
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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
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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
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Date:
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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
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JUNE 5,2002
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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.
U�contractswWhite Willis -
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