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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-254Temp. Reso #9127 August 23, 2000 Page 1 CITY OF TAMARAC ,,[ RESOLUTION NO. R-2000-4- J6 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 THREE PERFORMANCES TO FULFILL THE CITY OF TAMARAC'S BROWARD CULTURAL AFFAIRS COUNCIL COMMUNITY 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 99-319; 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 Community 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 Temp. Reso # 9127 August 23, 2000 Page2 WHEREAS, the City Commission of the City of Tamarac will receive $10,000.00 from the Broward County Community 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 Community 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. LJ Temp. Reso # 9127 August 23, 2000 Page3 PASSED, ADOPTED AND APPROVED this 0�7 day of September, 2000. 19 � �' � ' JOE SCHREIBER, MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK ERTIFY th4t lAave�--n RECORD OF COMMISSION VOTE S/// / MAYOR SCHREIBER DIST 1: COMM. PORTNER y IT HELL . VIR T DIST 2: COMM. MISHKIN CITY ATTORN Y DIST 3: COMM. SWANCIP GIST 4; VIM AUB111111 ! AGREEMENT BETWEEN THE CITY OF TAMARAC AND WHITE WILLIS THEATRE, INC. THIS AGREEMENT is made and entered into this day o , 2000 by and between the City of Tamarac, a municipal corporation with princip offices located at 7525 NW 88th Ave., Tamarac, FL 33321-2401 (the "City") and White Willis Theatre, Inc., a Florida Corporation with principal offices located at 8761 Holly 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, 2000 to September 30, 2001 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 three (3) 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 three (3) exhibition/performances during the agreement period at a cost not to exceed $3,000. U:contractswWhite 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 $13,000 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 z 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, Worker's 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 City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. Contractor Dorothy Willis, President _White Willis Theatre, Inc. 8761 Holly Ct. Tamarac. FL 33321 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:CanlractswWhile Willis Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 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 White Willis Theatre Inc., signing by and through its President, duly authorized to execute the same. CITY OF TAMARAC Jeffrey . Mi r, City Manager Date: d&-r� bzKSchreiber, Mayor Date: //ll/" Approved as to form and legal ATTEST:: sufficiency: 1-4alA� n 4-"-Y Mitchell S. Kraft, City Attorney Marion Swen_ n, CMC City Clerk Date: �%_ �-b WHITE WILLIS THEATRE, INC. �c v 1 Dorothy WilliA, President Date: /pi-�"4O U:contractswWhite Willis 4 STATE OF FLORIDA COUNTY OF fOtv.�r� ACKNOWLEDGEMENT 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, President` of White Willis Theatre, Inc. (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 / fir, 2019 . AttO ,?A' NA NANCY Yl14SQN o Z WON" * a 742400 9 �Q Mr COMIAMIpCN I&1t� ' off Fro JUNE 6 2001 NOTARY P6LIC, State of Florida at Large (Name of No ry Public: Print, Stamp, or Type as Commissioned) (6115'e-'rsonally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or( cl ID NOT take an oath. U:contraclswWhite Willis 5 EXHIBIT A Contractor Agreement SCOPE OF WORK 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, and drama for a special needs group for three (3) eight (8) week sessions; the first October -- December, January -- March and April - June. 2. The instructors will prepare a curriculum to be submitted and approved by the City of Tamarac Parks and Recreation Director by the 241h of September. 3. White Willis Theatre, Inc. will provide technical assistance for the mounting of three (3) exhibitions/performances by class participants, at the conclusion of each eight (8) 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 three (3) performances/exhibitions is the responsibility of the City of Tamarac. U:COntractswWhite Willis F) Temp. Reso. #9127 Exhibit B AGREEMENT Between BROWARD COUNTY and CITY OF TAMARAC FLORIDA for BROWARD CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS & EDUCATION PROGRAM This Agreement, made and entered into by and between BROWARD COUNTY, a Political subdivision of the state of Florida, hereinafter referred to as "COUNTY," and CITY OF TAMARAC FLORIDA, a political subdivision of the state of Florida, hereinafter referred to as "CONTRACTOR." WHEREAS, the Broward Cultural Affairs Council recommends funding to assist the CONTRACTOR with approved expenses as defined in the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Council Grant Program Guidelines; and WHEREAS, the Board of County Commissioners has determined that these expenditures serve a COUNTY and public purpose and are authorized by Section 1-90 of the Broward County Code of Ordinances; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONTRACTOR agree as follows: reIlcagram2m DEFINITIONS AND IDENTIFICATIONS 1.1 A rent - Agreement shall mean this document and other terms and conditions which are included in the exhibits and documents that are expressly incorporated by reference. 1 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Director of the Broward County Cultural Affairs Division or designee. The primary responsibilities of the Contract Administrator are to coordinate and communicate with CONTRACTOR and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator. 1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of County Attorney pursuant to Section 4.03 of the Broward County Charter, 1.5 Pr_ oiect - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES CONTRACTOR shall perform all services identified in this Agreement and its grant application as amended in Exhibit "A," attached hereto. CONTRACTOR shall provide to the COUNTY a Project Evaluation Report on the form Exhibit "B." The Project Evaluation Report shall be filed with the Contract Administrator no later than thirty (30) days after the completion of the Project. Failure of the CONTRACTOR to submit a completed Project Evaluation Report shall disqualify the CONTRACTOR for all grant awards until requirements of the specific program guidelines and this Agreement have been met. ARTICLE 3 TERM AND TIME OF PERFORMANCE The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on Se tember 30 2001. ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONTRACTOR, in the manner specified in Section 4.3, the total amount of10,000 for work actually performed and completed pursuant to this Agreement. It is acknowledged and agreed by CONTRACTOR that this amount is 2 the maximum payable and constitutes a limitation upon COUNTY'S obligation to compensate CONTRACTOR for services and expenses related to this Agreement. 4.2 CONTRACTOR agrees to provide matching funds as set forth in the Broward County Administrative Code, Chapter 29, Part II, Broward Cultural Affairs Grant Program Guidelines, for applicable grant program and more specifically shown in Exhibit "A." 4.3 METHOD OF BILLING AND PAYMENT 4.3.1 CONTRACTOR may submit a unit of service invoice for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. The final invoice must be received no later than sixty (60) days after this Agreement expires. 4.3.2 Documentation as required in Exhibit "A" must accompany any request for reimbursement. Invoices shall be certified by the CONTRACTOR'S executive director or an authorized officer. 4.3.3 COUNTY shall pay CONTRACTOR within thirty (30) calendar days of receipt of CONTRACTOR'S proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by COUNTY. Payment may be withheld for failure of CONTRACTOR to comply with a term, condition, or requirement of this Agreement. ARTICLE 5 CHANGES IN SCOPE OF SERVICES 5.1 Upon written request by the CONTRACTOR, the Contract Administrator may approve changes in the categories of expenditures listed on Exhibit "A." 5.2 Pursuant to the Broward County Administrative Code, Section 29.17(f)(2), the Broward Cultural Affairs Council may approve changes to the Scope of Services, project description and unit of services provided that the total grant awarded remains unchanged, the revisions are consistent with the grant application and the grant guidelines, and the revisions do not diminish the quantity or quality of service to be provided. 3 5.3 Changes to the Scope of Services or categories of expenditures pursuant to this Article shall be in writing, signed by the CONTRACTOR and the Contract Administrator. ARTICLE 6 INDEMNIFICATION CONTRACTOR is a state agency as defined in Chapter 768.28, Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity maybe applicable. Nothing, herein shall be construed as consent by a state agency or political subdivision of the state of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 7 INSURANCE CONTRACTOR is a state agency as defined by Section 768,28, Florida Statutes, and CONTRACTOR shall furnish Contract Administrator with written verification of liability protection in accordance with state law prior to final execution of said agreement. ARTICLE 8 TERMINATION 8.1 This Agreement may be terminated for cause by action of Board or by CONTRACTOR upon ten (10) days' written notice by the party that elected to terminate, or for convenience by action of Board upon not less than thirty (30) days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate underthe circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 8.2 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.3 In the event this Agreement is terminated forconvenience, CONTRACTOR shall be paid for any services performed to the date the Agreement is terminated; however, G! upon being notified of COUNTY'S election to terminate, CONTRACTOR shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONTRACTOR acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CONTRACTOR, is given as specific consideration for COUNTY'S right to terminate this Agreement for convenience. ARTICLE 9 FINANCIAL STATEMENTS 9.1 Pursuant to the Broward County Administrative Code, Section 29.17(c)(2), any contractor receiving Five Thousand Dollars ($5,000.00) or less in any one COUNTY fiscal year must submit Exhibit "B," Project Evaluation Report, with all required information, including financial information, and file with the COUNTY within thirty (30) days after completion of the project. 9.2 Any contractor receiving more than Five Thousand Dollars ($5,000.00) in any one County fiscal year must submit a special report including audited and certified financial statements prepared in accordance with Generally Accepted Accounting Principles and audited by an independent Certified Public Accountant. CONTRACTOR shall provide to the Contract Administrator two (2) copies of annual financial statements as required in this section. Said annual financial statements shall be submitted to Contract Administrator within one hundred eighty (180) days after the close of each of the CONTRACTOR'S fiscal years in which the CONTRACTOR accounts for funds received under this Agreement. No extensions will be granted for the audited and certified financial statements. The special report shall be prepared by an independent certified public accountant or the governmental entity's internal auditor in a form acceptable to the Broward County Commission Auditor. The schedule of revenues and expenditures shall include: a. All revenues relating to the services and/or project classified by the source of the revenues. b. All expenditures relating to the services and/or project classified by the type of expenditures, to include the classifications as set forth in Exhibit "A" of this Agreement. 9.3 Financial statements shall include a statement of financial position, a statement of activities, and a statement of cash flows and any management letter(s) thereby generated, in a form acceptable to the Broward County Commission Auditor. CONTRACTOR shall disclose in footnotes or in a statement signed by the executive `1 director, the source and funding received from any governmental entity for any funding of five percent (5%) or more of total revenues. 9.4 If the special report is prepared by an independent certified public accountant, it shall be in accordance with Section 623 of the Codification of Statements on Auditing Standards as promulgated by the American Institute of Certified Public Accountants. If the special report is prepared by a governmental entity's internal auditor, it shall be as nearly in accordance with those sections as the status of the internal auditor permits, realizing that the internal auditor may not issue the opinions required therein. A transmittal letter signed by the governmental entity's internal auditor must accompany the special report. The special report shall include: a. The statement, "no funds, including interest earned on such funds, are due back to the County;" or, a listing of funds, including interest earned on such funds, which are due back to the COUNTY. b. An opinion (finding, in the case of an internal auditor) as to whether the funds received under the applicable grant agreement with the COUNTY have been expended in accordance with this Agreement. 9.5 The special report shall include all financial requirements for the entire scope of the services or project covered by the Agreement, even if a part of the services or project was performed during the previous fiscal year(s) or continue past the end of CONTRACTOR'S current fiscal year. 9.6 Any corrections to the special report requested by the COUNTY shall be made and submitted to the COUNTY within sixty (60) days after written request is received. 9.7 Failure of the CONTRACTOR to meet these financial reporting requirements shall result in suspension of payment under this or any subsequent grant agreement in effect and disqualify the CONTRACTOR from obtaining future grant awards until such financial statements are received and accepted by COUNTY. 9.8 CONTRACTOR acknowledges submission of financial statements to any other Broward County office, agency, or division does not constitute compliance with requirements to submit that material to Contract Administrator for this Agreement. 9.9 CONTRACTOR agrees to reimburse COUNTY any and all funds not used in strict compliance with this Agreement. [0 ARTICLE 10 MISCELLANEOUS 10.1 AUDIT RIGHT AND RETENTION OF RECORDS COUNTY shall have the right to audit the books, records, and accounts of CONTRACTOR that are related to this Project. CONTRACTOR shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all requirements thereof; however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for COUNTY'S disallowance and recovery of any payment upon such entry. 10.2 YEAR 2000 COMPLIANCE CONTRACTOR warrants that its computerized record -keeping systems, if any, have been evaluated and updated, as necessary, to ensure that all records and information necessary to the record keeping requirements of this Agreement will be available as required by this Agreement. 10.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by COUNTY, including Titles I and II of the ADA P1 (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. CONTRACTOR'S decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16'/z), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. CONTRACTOR shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONTRACTOR shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16'/z), national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16Yz) in performing the Scope of Services or any part of the Scope of Services of this Agreement. 10.4 INDEPENDENT CONTRACTOR CONTRACTOR is an independent contractor under this Agreement. Services provided by CONTRACTOR shall be subject to the supervision of CONTRACTOR, and such services shall not be provided by CONTRACTOR or its agents as officers, employees, or agents of the COUNTY. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9 10.5 THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. 10.6 NOTICES Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR BROWARD COUNTY: Director, Broward Cultural Affairs Division 100 S. Andrews Avenue Fort Lauderdale, Florida 33301-1829 FOR CONTRACTOR: Jeffrey L. Miller, City Manager City of Tamarac, Florida 7501 North University Drive Tamarac, FL 33321 10.7 ASSIGNMENT Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. 10.8 WAIVER OF BREACH AND MATERIALITY Failure by COUNTY to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 9 Sep 20 ❑O 10:44a p.2 10.9 SEVERANCE In the event this Agreement or a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONTRACTOR elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (1) days after the finding by the court becomes final. 10.10 PRIORITY OF PROVISIONS The applicable provisions of the Broward County Administrative Code, Chapter 29, Part 11, Broward Cultural Affairs Council Grant Program Guidelines, are hereby expressly incorporated into this Agreement. In the event of a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in the Broward County Administrative Cade, Chapter 29, shall prevail and be given effect. 10.11 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 10.12 AMENDMENTS Except for the provisions set forth in Article 5, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CONTRACTOR. 10.13 PRIOR_AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10 10.14 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits are incorporated into and made a part of this Agreement. 10.15 COUNTERPARTS This Agreement may be executed in three (3) counterparts, each of which shall be deemed to be an original. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through the County Administrator, authorized to execute same by Resolution approved by the BOARD, and CITY OF TAMARAC, FLORIDA, signing by and through officer, duly authorized to execute same. WITNESSES: COUNTY 11 BROWARD COUNTY, through its Broward County Administrator 0 Roger J. Desjarlais County Administrator day of ., 20 Approved as to form by Office of the County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 2 Rebecca L. Kay Assistant County Attorney AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC FLORIDA FOR BROWARD CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS & EDUCATION PROGRAM (FY2001). ATTEST: Marion Swenso , CIVIC City Clerk CONTRACTOR CITY OF TAMARAC FLORIDA or Joe Schreiber 023 Day of 20 9 a Je rey L. Miller City Manager �J 12 Rev' ed a approved to form: Mitc II S. ft City Att y EXHIBIT "A" Community Arts & Education Program - FY2001 City of Tamarac Florida Project title: Celebrate Tamarac Through the Arts II. Scope of project: Funding under the Community Arts and Education Program, the CONTRACTOR City of Tamarac Florida with White -Willis Theater Inc. agrees to provide class instruction in drama, dance, poetry, and music; organized into three (3) sessions of eight (8) weeks each, with participants from four underserved target groups: seniors, teens, and youth ages 6-10, and special needs populations. The class size will be approximately 20 for seniors, teens, and youth and approximately 10 for special needs populations. An exhibition/ performance will occur at the end of each eight (8) week session. III. a. COUNTY'S total funds: $10,000. b. CONTRACTOR'S total funds: $10,000. c. MATCH requirements: Matching funds shall consist of a one to one match. IV. Definition of Unit(s) of Service(s): A unit of service is defined as one 1 week of class of instruction in drama dance goetry. and music as described above in Section II. The COUNTY agrees to purchase twenty-four 24 units of service at a cost of 416.666E per unit during the term of this Agreement. The total cost of all units purchased shall not exceed $10,000. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 13 V. Required documentation of services rendered: As an attachment to the Units of Service Invoice, provide a brief narrative description of services provided during the billing period. Make certain your program and activities are clearly categorized by the components listed in the Scope of Services section. If any concerts, programs, or special events were held, enclose a program (playbill), or any other documentation such as copies of flyers, programs, exhibit invitations, photographs, or press coverage verifying that such activities took place. In addition, an attendance list from each class should be provided with the child's name, address, and phone number included. Final invoice shall include documentation of completion of all items described in Section II. Final invoice shall include documentation of completion of all items described in Section II. Exhibit B - Project Evaluation Report is due thirty days after the completion of the project. VI. Funding Categories for which COUNTY and CONTRACTOR matching funds may be used. FUNDING CATEGORIES Cultural Grant Program Funds Contractor's Funds or Match Outside Professional Services- Artistic Personnel - Administrative Personnel- Support Staff Space Rental Marketing Equipment Remaining Operating Expenses TOTAL: $10,000. TOTAL: $10,000. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 14 Form F EXHIBIT B BROWARD CULTURAL AFFAIRS COUNCIL COMMUNITY ARTS & EDUCATION PROJECT REPORT This grant project evaluation report must be filed with the Cultural Affairs Division no later than 30 day after completion of the project period. Political Entity: Mailing Address Project [director: Title: Telephone: Ext: Fax: Project Title: SCACt"r CAE Project began: Project ended: Amount of CAE Grant: S Total cost of Project: 5 Number of Individuals Served by this project: PROJECT INFORMATION Briefly describe your project - What did you do? When did you do it? What were your measurable outcomes? 2. Employment Number' Employer ,Ac�•sr�a:: t;Pragrari� Staff .Mdtn�inistrative ,��.��,f ^ y Ar4lsis s c ; , -k-a r Other " "tr 'TOTAL S. ` Full -Time Part -Time Volunteers CAE Project Evaluation Report - Page I of 3 GEOGRAPHIC AND DEMOGRAPHIC DISTRIBUTION 3. What was the target audience for your project? How many in this group did your project successfully engage? What marketing strategy did you employ to reach this audience? 4- Was admission charged? Range of ticket/admission prices: To S What was the total amount you collected from admissions? S 5. Check all applicable categcries and give numbers: Category Participants/ .Audience/ Performers Percent Spectators Percent Geographically underserved Minorities Children Persons with disabilities Elderly TOTAL 6. Describe the importance of the project to the community. Point out particular successes and/or challenges encountered. Do you intend to repeat this project in the near future? Yes _No If no, explain why. CAE Project Evaluation Report - Page 2 of3 ARTS COMPONENT 7. Who were the artists involved in this project? What is your appraisal of them? Would you engage these same artists to work with the same targeted population? Explain. 8. What other cultural activities do you currently have planned for underserved communities? REQUIRED ATTACHMENTS Enclose two 5" x 7" or 8" x 10" quality black and white or first generation color (an original, not a copy) photographs and two color slides which clearly document the organization's grant project. Copy of marketing plan for grant activity Copies of organization's promotional materials with BCAC logo and funding statement. CERTIFICATION: It is certified that the information provided is true and correct, and the expenditures were incurred solely for the purpose of the approved grant activity. F nature - Chief Executive Officer Signature - Project Director ped name of CEO: Typed name of Project Director: Date: Date: G `CU4 AF= CRANr3�MA$rrtRS�F-x( pair a'E%NIS IT C_Ae Revised 7,98 Form n510-30 CAE Project Evaluation Report - Page 3 of 3 g�L?RDr� CERTIFICATE OF LIABILI I Y INSURANGE o3�za/200o DucER (561)994-0880 (561)994-1740THIS CERTIFIC F INFORMATION FICATE rk & Associates, Inc. 55 North Federal Highway Id Floor )ca Raton, FL 33487 -ED White -Willis Theatre 8761 Holly Ct Tamarac, FL 33321 VERAGES ONLY AND CONFERS NO RIGHTS UPON THE %- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NSURE!�A. Colony Insurance Company NSIRER D NSI.IAEa E. HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FORTH E POLICY PERIOD INDICATED NOTWITHSTANDING NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR IAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF INSURANCE POLICYNUMSER POLICYIV DATE MM DD, I I DATE LWITS GENERAL LIABILITY X CY-NMEPOAL GENERAL UAEiLITY �Z.AIMti MACE � lc�.,!R CL1372769 10/10/1999 10/10/2000 �-ACHCILLCURRENCM F 1,000,000 FIRE CAMAGE (Any _re fire) $ 50,000 MED EXP (Any vne ptfx-r) S EXCLUDE PERSONAL ,4 ADV INJURY F Excluded GENERAL AGGREGATE $ 1,000,000 A,aaPFGATE LIMIT APPLIES PER: X c;: ;'Y JEC: r:E& PRi!CUCT�-l:[:MF', L�F' AGG S Included AUTOMOBILE LIABILITY GNV Al _ —.,WNEL A..';_ij AI;T;. Nv_:N-1 WNED AUTOS TINGLE JM 'YC3 3='.-I'�en() :3UCI LY INJIJ yY �F �r ;rr7 n1 S LY INJI ICY FR7PER'Y DAMAGE Par acu,5n[; S GARAGE LIABILITY A:JT(.: (-)NLY E.A .AO:!`7ENT-A S ACC i jTHER THAN AUTO VNLY. AGG S EXCESS LIABILITY . >>-iR ❑ .��A Vz MADE .:�-IeLE EACH OC'CJRREN; $ AGGREGATE $ S F WORKERS COMPENSATION AND EMPLOYERS' LIABILITY - Ll EA EMS_: .v- c OTHER ESCRIPTION OF OPERATIONS.LOCATIONS.NEHICLES.EXCLUSIONS ADDED BY ENDORSEMENT,SPECIAL PROVISIONS :ERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: City of Tamarac Risk Management Department Kristen McKew 7525 N.W. 88th Avenue Tamarac, FL 33321 FAX: (954)724-2549 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THERECF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Cathv Clement/CG _ I Date: 08/25/00 Tim*: 10:30 AM To: White••ar_iic Theatre U 7219411 CC3 -003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must oe endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(si. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain oclicies rray require an endorsement. A statement on this certificate does not confer -ights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificata of Insurance on the reverse side of this form does nct consritute a contract between the issuing Insurer's), authorized representative or producer. arc the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage a`Pordec by t`7e policies ;iced thereon. City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 - Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamarac.org Ms. Dorothy Willis White Willis Theatre, Inc. 8761 Holly Court Tamarac, FL 33321 Dear Ms. Willis: October 10, 2000 I am pleased to advise you that at its meeting on September 27, 2000, the Tamarac City Commission approved a resolution 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 three performances to fulfill the City of Tamarac's Broward Cultural Affairs Council Community Arts & Education Grant. Enclosed is a copy of the approved resolution for your files. Mr. Greg Warner, Recreation Superintendent, will be your contact with the City concerning this matter. Please feel free to contact him at (954) 724-2445. However, if there should be any problems of a serious consequence, I expect you to advise me directly and immediately. The City looks forward to working with you. Sincerely, �� /1 �.�. Jeffrey'C. Miller City Manager GW/nw Cc: Kathleen Margoles, Director of Parks and Recreation Greg Warner, Recreation Superintendent Equal Opportunity Employer