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
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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
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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.
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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 $13,000 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.
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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, 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
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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.
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.
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Dorothy WilliA, President
Date: /pi-�"4O
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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
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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.
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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.
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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.
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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.
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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
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AUTOMOBILE LIABILITY
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FR7PER'Y DAMAGE
Par acu,5n[;
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GARAGE LIABILITY
A:JT(.: (-)NLY E.A .AO:!`7ENT-A
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WORKERS COMPENSATION AND
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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