HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-087 Temp. Reso. #13334
August 26, 2019
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2019 - t1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, APPROVING
THE PUBLIC ART PROPOSAL AND CONCEPT BY
RAY KING, ATTACHED HERETO AS EXHIBIT "A",
AND EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF TAMARAC AND ARTIST RAY KING,
ATTACHED HERETO AS EXHIBIT "B" AND
INCORPORATED HEREIN, TO PROVIDE A WORK
OF ART TO BE PLACED ON THE WOODSPRING
SUITES EASEMENT PROPERTY, IN THE AMOUNT
OF $150,000; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to encourage and promote public
art within the City; and
111 WHEREAS, the City is implementing a significant sculpture public art
installation on the Woodspring Suites Hotel Property, located at 5751 Madison
Avenue, Tamarac; and
WHEREAS, On May 23, 2017, the City Commission approved a New
Development Site Plan for the Woodspring Suites Hotel which included the
granting and acceptance of a 20x30 foot easement from the Grantor and Owner
of the Woodspring Suites Hotel property for the purpose of placing the significant
sculpture; and
WHEREAS, the City of Tamarac issued a National Call to Artists entitled
"Woodspring Suites Significant Sculpture" for an artist to create a permanent
original sculpture on the hotel property, attached hereto as Exhibit "A" and
incorporated herein; and
Temp. Reso. #13334
August 26, 2019
Page 2
WHEREAS, on April 16, 2019, the highest five (5) ranked entrants were
invited to make presentations to the Public Art Committee to provide additional
information and display a maquette of the proposed work; and
WHEREAS, The Public Art Committee sitting as the selection committee
submitted three (3) finalists to the City Commission at their May 6, 2019 City
Commission Workshop; and
WHEREAS, the City Commission, at their May 6, 2019 meeting, expressed
consensus on Ray King's design of the significant sculpture; and
WHEREAS, the Public Art Committee and Ray King have agreed upon a
contract price of$150,000 for the project; and
WHEREAS, the Director of Community Development and the Public Art
Committee recommend that the appropriate City Officials execute an Agreement
with Ray King; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve the public art concept and proposal by Ray King, attached hereto as
Exhibit "A" and incorporated herein, to be placed within the easement on the
Woodspring Suites Property located at 5751 Madison Avenue for a contract price
of $150,000; a copy of said Agreement is included herein as Exhibit "B" attached
hereto, incorporated herein, and made a specific part thereof).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp. Reso. #13334
August 26, 2019
Page 3
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 upon adoption hereof; all exhibits referenced and attached hereto are
incorporated herein and made a specific part of this resolution.
SECTION 2: It is hereby found and determined that the approval of the
public art concept and proposal by Ray King will be in the best interest of the City
of Tamarac and the residents and businesses located within the described area.
SECTION 3: The appropriate City officials are hereby authorized to
execute an Agreement with Ray King for a contract price of $150,000, a copy of
said Agreement is attached hereto as Exhibit "B".
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Temp. Reso. #13334
August 26, 2019
Page 4
PASSED, ADOPTED AND APPROVED this 1 I day oft`-m , 2019.
MICHELLE J. GOMEZ,
MAYOR
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ 414
DIST 1: COMM. BOLTON L"i'z
DIST 2: COMM. GELIN L ,6
DIST 3: COMM. FISHMAN /4
DIST 4: V/M PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
1.1111-10111
TAMARAC
The City For Your Lite
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
Commmercial Boulevard and Sawgrass Expressway
DUE DATE OF APPLICATION: October 9,2018
PROJECT BUDGET: Budget of$150,000
ARTWORK DESCRIPTION, SCHEDULE AND BUDGET
Public Art Project Description
The City of Tamarac, Florida is seeking to commission an artist or artist team to create an artwork of
significant size and quality to be located on the North side of West Commercial Boulevard approaching
the Northbound on ramp of West Commercial Boulevard and the Sawgrass Expressway in Tamarac,
Florida. The artwork should reflect the spirit of Tamarac and be impactful to passerby traffic both day and
night at this high traffic roadway. Three artists will be selected as semi-finalists to develop and present
design proposals. Each will receive a $1,500 stipend. The winning artist will be awarded
a $150,000 contract and will be responsible for the creation and installation of the final work.
The application deadline is Tuesday, October 9, 2018 and is open to all professional artists nationwide
with experience working with public agencies and professional engineers.
Qualities of Artwork
This Request for Proposal is emphasizing the City of Tamarac's desire to commission artwork that
represents its changing community and depicts the city's mission as 'The City for Your Life'. Once known
for its retirement community, Tamarac has now evolved into a City of families and youth. The artwork
must be capable of"holding its own" as it will be one of Tamarac's Landmark Sculptures that will help
define the City.
The artwork should be durable and require minimal ongoing maintenance. South Florida has a sub-
tropical climate and is hot and humid with an intense sun and seasonal heavy rain. Problems with rust
and fading should be avoided. The sculpture should be designed and constructed in accordance with the
Florida Building Code. The artwork must be self-supporting on an open landscape or hardscape and be
large in scale, with no less than 20 feet in height. The orientation of the sculpture must be vertical in the
30 feet by 10 feet designated easement area (see attached survey or easement area).
Description of Location
The sculpture will be located at the northbound entrance to the Sawgrass Expressway, on the North side
of West Commercial Boulevard on vacant property that has been approved for a WoodSprings Suites
hotel. The property address is 5751 Madison Avenue, Tamarac, Florida.
Artist Requirements Once Selected:
TAMARAC
The City For Your We
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
•Transportation and off-truck loading of the artwork to the specific site in Tamarac;
• Installation of the artwork:
• Design development and modifications with drawings and/or models sufficient to secure to approval of
the Public Art Committee and the City Commission.
• Construction documents signed by a Florida engineer
•A minimum of three meetings with the Public Art Committee or the City Commission to discuss aspects
of artwork: either via phone or in person.
• Professional photos of the sculpture for publication and marketing.
Highlights from the following will be required in the contract (see attached draft contract in
substantial form as required if selected) :
• Indemnify, and hold the City of Tamarac harmless from any and all claims and damages
• Liability and other insurance.
Insurance
a. Artist
i. General Liability Insurance naming the City as an additional insured.
ii. Worker's Compensation Insurance or a Florida Workers' Compensation Exemption. If the artist will not
be coming on City Property, Workers' Compensation is not required.
Hi. Automobile Liability proof of insurance (personal automobile insurance proof is acceptable)
b. Installation Company
i. General Liability Insurance naming the City as a additional insured.
ii. Workers' compensation Insurance or a Florida Workers" Compensation Exemption as required by
Florida Statue.
iii. Automobile Liability Insurance
c. Professional Engineer—Proof of Professional Liability Insurance.
The City reserves the right to modify the draft contract provided with this RFP.
Anticipated Art Project Schedule
•Artist Applications Deadline: Tuesday, October 9, 2018
TAMARAC
The City Far Your Life
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
• Public Art Committee Artist Selection of Semi-Finalists October 2018
• Shortlisted Artist Notified : October, 2018
Notification:
• City Commission Approval: November 2018
Artwork Permitting/Installed: Fall 2019
This timeline is subject to change.
Artwork Budget
The budget for the project established is $150,000. The budget includes all cost, i.e. research, community
and agency meeting cost, design, materials, permitting as needed, fabrication, installation, photography,
insurance, proposals, travel, sales taxes, lighting, concrete pads, labor, structural engineering, and
transportation.
Artist Eligibility
The project is open to all professional visual artists or artist team in the United States.Artists/artist teams
should have experience implementing their ideas and work in the public realm with government agencies.
Artist/Artist teams must be able to effectively work within the project timeline and collaborate with the
Architects of Record, General Contractors, multiple Governmental Agencies, Community Groups, City
Staff and the Public Art Committee whenever it is required. Artist or Professional Artist means a
practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent
and ability. Indications of a person's status as a professional artist include, but are not limited to, income
realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of
artwork in public institutions or museums, receipt of honors and awards, and training in the arts.
Artists are NOT eligible who are immediate family or business partners of members of the Public Art
Committee , City Staff or Program Administrators, or whose art work already exist in the City's public art
inventory.
Selection Process
The Tamarac Public Art Committee manages the application process and will review the proposals. The
committee includes arts professionals and community representatives, and City Staff. The committee will
review the submissions and invite a short list of three (3) semi-finalists to be interviewed. Each semi-
finalist will be awarded a$1,500 stipend for development of a proposal, travel and overnight
accommodations, if necessary for presentation to the Public Art Committee. The Committee will make a
recommendation of award of the final contract to the City Commission, based on its evaluation of the
artwork proposal, experience of artist and references. The City Commission will make the final award to
the selected Artist. The committee and/or the City Commission reserves the right to withhold the
commission award if it should not find a satisfactory artwork.
Criteria for Selecting Proposals
TAMARAC
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
All artists must meet the guidelines of the program.
1. Artistic merit of concept.
2. Style and Appropriateness: Artwork should demonstrate that it is compatible in relationship to the
landscape and Tamarac Community.
3. Technical Considerations and Feasibility: Including the artist's artistic history and experience in
completing public art projects within the timeline and budget, as well as the sustainability of the project.
4. Safety and Maintenance: Artwork should be durable, meet the requirements of insurance policies and
be resistant to theft and/or vandalism. Materials should require minimal periodic maintenance and be
readily available if conservation or restoration is necessary.
5. Diversity: Reflects the overall project goal to strive for diversity in style, scale, media and artists working
in traditional and contemporary art forms.
Application Requirements
All submissions must be done via CAFE at www.callforentry.orq
Shortlist/Second Selection
Upon review of all the proposals submitted through CAFE, three semi-finalists artists will be
selected to submit the following information. The final Artist will be selected from these
requirements.
All items become the property of the City of Tamarac.
Questions:
All questions must be submitted to maxine.calloway@tamarac.orq and gadsonravitz@qmail.com no later
than Monday September 24, 2018.
Website for City of Tamarac: https://www.tamarac.orq/
Tamarac Public Art Committee
Tobey Archer, Chair
Brian Zambrano, Vice Chair
Rowena Smith
Elliot Bastien
Phil Prentice
TAMARAC
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
Gadson & Ravitz, LLC—Public Art Administrators
The Community: Tamarac, Florida
Tamarac is a unique city that has been built through a strong and dedicated community spirit, good land
use planning and prudent management of municipal resources. Since its incorporation in. 1963, Tamarac
has prospered and grown into a full service city. Tamarac is approximately 12 square miles located in
central Broward County. The approximate population of the City is 60,000. The City of Tamarac
constantly strives to meet the needs and improve the health. welfare and safety of its residents. Tamarac
prides itself on being a government that is responsive to its residents and is "Committed to
Excel lence....Always."
Description of Location
The sculpture will be located at the northbound entrance to the Sawgrass Expressway, on the
North side of West Commercial Boulevard on vacant property that has been approved for a
Wood Springs Suites hotel. The property address is 5751 Madison Avenue, Tamarac, Florida.
1r 3i�
a
0. ,,
o'iiIIii, '. .
aQ 0.
-- Hampton`Inn&" '
t ,
r. Suites t.Lauderdale..
`' ,
Commercial Blvd
. 1. a 4,
Z A.
., s 1
Aerial View
1.111111111111
TAMARAC
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
It*
IRO ,r
..........
Westward View Eastward View
TAMARAC
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
Criteria for Selecting Proposals
All artists must meet the guidelines of the program.
1. Artistic merit of concept.
2. Style and Appropriateness: Artwork should demonstrate that it is compatible in relationship to
the landscape and Tamarac Community.
3. Technical Considerations and Feasibility: Including the artist's artistic history and experience
in completing public art projects within the timeline and budget, as well as the sustainability of
the project.
4. Safety and Maintenance: Artwork should be durable, meet the requirements of insurance
policies and be resistant to theft and/or vandalism. Materials should require minimal periodic
maintenance and be readily available if conservation or restoration is necessary.
5. Diversity: Reflects the overall project goal to strive for diversity in style, scale, media and
artists working in traditional and contemporary art forms.
Application Requirements
All submissions must be done via CAFE at www.callforentry.org
Shortlist/Second Selection
Upon review of all the proposals submitted through CAFE, three semi-finalists artists will
be selected to submit the following information. The final Artist will be selected from
these requirements.
All items become the property of the City of Tamarac.
Questions:
All questions must be submitted to maxine.calloway@tamarac.org AND
gadsonravitz@gmail.com no later than Monday, July 23, 2018.
Website for City of Tamarac: http://www.tamarac.orq/
1.11-11111
TAMARAC
The City For Your Life
TAMARAC REQUEST FOR PROPOSAL
DEADLINE: Tuesday, October 9,2018
Tamarac Public Art Committee
Tobey Archer, Chair
Brian Zambrano, Vice Chair
Rowena Smith
Elliot Bastien
Phil Prentice
Gadson & Ravitz, LLC — Public Art Administrators
The Community: Tamarac, Florida
Tamarac is a unique city that has been built through a strong and dedicated community spirit,
good land use planning and prudent management of municipal resources. Since its
incorporation in 1963, Tamarac has prospered and grown into a full service city. Tamarac is
approximately 12 square miles located in central Broward County. The approximate population
of the City is 60,000. The City of Tamarac constantly strives to meet the needs and improve the
health, welfare and safety of its residents. Tamarac prides itself on being a government that is
responsive to its residents and is "Committed to Excellence....Always."
HY
it 1$
.` �' .
\ -,..... ..„ , \-----1-,,, , *
,,,7!-. \''''''''. .,-.,.--- :,,' Atk i''',A.),.,
_:, -,,,.. .. s',=.,'t*,.,f,-,..T.,,t,4%; 11/41,1,-..;2 I; --- r
CO
fA
��
'� I
a ..✓''� f4 4,� �=
t Sf
` _ -. rr f f.' '
1 .
IC
N ,
O
_0 $/5 9-S0 La ��ca� / $/LZ-�0,N ` ��`G° ma �
Ill.\
-01
,; yc ; I a ,,°° N
w a
a
,Ao ,,,----_,._ 1' ' ', '''''''':''''' ' '
'' '''''''- ,7-',;,;-;,1.-4,:it.,- -,:--_, .Mk
• iisehotear • s
iitd
\\
40.fie
' .Allillii " • 41,11'1, f 'I?, 1. -,:-4--!' 1, i 1
f),,,,,,'4\4.0: :".,-',7---_,,,,,y,•i'iii..1.__..,_.
3Yi'r fl
°,4104-or" vdir.1-.414,..,i.„:ifi,.to;,'1.'' .,'..',
i I \ \ li‘\*,.,,. * lf . v
y
, pokti, .iii- .._ _-_, 2,7- -. l''
1\ .,4",..,\`,...7..„4 ` i Fy\
' z� _*
f,
.,
,..,,
, --'
a *N -
F _- -------) i
'''''•,-- ''---,. I‘ '-'----__--
• \ -i<77*--------------_-__--1:L:Li
'------...__.
............. ..- ,, .9 N.-
•• -..-- --:----1-S7 ‘....`-•:...,,,,,,,.,- -%
.... .......„„....—\ —......„. , 1,,. \
-----
;
\\
.
Ar ' •/ ....,-
..., ,. , ,_.,.,...,.......„,,
),....... ., 1 i
• . .1...;..--
/ . /il 0.,,• 9 O. ,,,,,.:. - i . .--..- -
'41 k.-' 401,',,--ilm.r. • .- ,,•- V. - -7,- -... -
it, -,9 .4-4kAlk,..- ',•-,...- ,,- ...,. „Tv,.
i
,,,,,,,44/f, 30,-. ..' • 20:11.4 .
N k, g z. -wor It , . ,„...
, , , kilpie/-- , . ..... 4r,a,,- , - - _ '.......-
/ .i..'i. 4'0 p- Alg4te a,", .4 i 7.. -,„, , -' -- --
4N4k ' N •. w:- Twfs.'
...... ti ."
, , 1
i /44i,:.-`,'",---4......t'-----..; ".*«- .,.;z : 4'• ' . ,/, ' ,1",", ., ,,
--N....
--..... '
,.... .. -.,./ ,
, , _
1.
i ./.444„ 4 oio Api AN,
t'lit
• ''' - - . AdIP'''- ---- / / , . r' 4-••...4,,,,.', -1
�`+.:r" ) «fir`+3T >?��.
•
•
. I
• . i
• •
• . - f
.
1
fi .s
. .P 4
_
r -"a• : * tiff
r'�Yt j {s5 I
7
Sri
-..� a Y xa 7� ? 4 R "• i°'r1 '. 1"tf" Y;?, .fit ° J,^ `'` r• r -
` 1, s ° -•5, Ft, r > s C i _y tt,n. r a •c ft: Uf ua,trt v Y
of i6,;c t ✓c.S}y4 tp a y'"i,.x. R fh.+''rt. $^U *.k+• 11/ S.J � ! I x y
M1 4
,,tia} �s ;.�,nC , ,,• ?{` v4 N�' ,, tom,. Z Tam s-2 t' ..
t ��.., ^ �I "C n �"7`" 'S•t. �•�7W4 Or •c L".t• r��w t �
`r� 'ram` t 4"4 Ra, e, t' ., -. { % tom . k J
• '...L. S ' ? -.jet
R4 SIB •f k f 4t
'T A•e .r {a�',,. �-y'� '' �` ai•-;• 's.' a,%4r!•-0t +'+�",- sj ire" " �,t
+ '` .' ,r., •#'•.";; w' t;.✓k.-.sr...- a Yx. .;r A+• .. e,_ 1,•?;*#.'4#r'.r+ ts'i"„'. u#5•,.4.4't �..., Y,a,
e'•• r. e.�_a"
... . ...rw.•....: r r•+ne....,.. ... ...,t-rr.. . •...... ,,1^:.�ns•-wwr r rvNw+lriC
��s_ .
r
•
J '! r %r
.•i► '
fig 'er..� s 'may s.< --- -
€ # �/ ►,
S.
t' AK 1
. i
u ,fix . !
i
t �►
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
RAY KING STUDIO LTD
THIS AGREEMENT is made and entered into this 6th day of September, 2019,
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Ray King Studio
Ltd, with principal offices located at 835 N. 3rd Street, Philadelphia, PA 19123 referred
to herein as (Artist) to provide for a sculpture located on the North side of West
Commercial Boulevard approaching the Northbound entrance ramp of West
Commercial Boulevard and the Sawgrass Expressway on property located at 5751
Madison Avenue in Tamarac, FL 33321 for the project known as "Woodspring Suites
Significant Sculpture".
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Consultant agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, and Artists response
incorporated to the Call to Artists titled "WOODSPRINGS SUITES Significant Sculpture,
which was due on Tuesday, October 9, 2018, and all modifications issued after
execution of this Agreement. These documents form the Agreement, and all are as fully
a part of the Agreement as if attached to this Agreement or repeated therein. In the
event of a conflict between this document and any other contract documents, this
Agreement shall prevail followed in precedence by this Agreement, followed in order by
Artist's response to Call for Artist.
2) The Work
2.1. The Artist shall perform the followingScope of Work under this Agreement
P 9
as set forth below:
2.1.1 As used in this Agreement, unless the context otherwise
requires: "Work" means the work of art consisting of creation and
/ or installation of a significant sculpture placed at this location.
The sculpture shall emphasize the City of Tamarac's desire to
commission artwork that represents its changing community and
depicts the city's mission as 'The City for Your Life'. Once known
for its retirement community, Tamarac has now evolved into a
City of families and youth. The artwork must be capable of
"holding its own" as it will be one of Tamarac's Signature
Sculpture that will help define the City.
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
2.1.2 The artwork shall be durable and require minimal ongoing
maintenance. South Florida has a sub-tropical climate and is hot
and humid with an intense sun and seasonal heavy rain.
Problems with rust and fading should be avoided. The sculpture
shall be designed and constructed in accordance with the Florida
Building Code. The artwork must be self-supporting on an open
landscape or hardscape and be large in scale, with no less than
20 feet in height. The orientation of the sculpture must be vertical
in the 30 feet by 10 feet designated easement area (see
attached survey or easement area).
2.1.3 The Artist and/or its authorized agents and representatives shall
perform all services and furnish all supplies, material and
equipment as necessary for the design and fabrication of the
Work by the Artist and its transportation and delivery, and
installation at the Site consistent with the final Design Proposal
and Engineering Drawings as approved by the Owner, including
but not limited to payment for insurance, supplies, materials,
small tools, and equipment. The Artist shall provide and install a
lighting fixture, Owner or its Agents shall provide electrical
service and conduit to the site.
2.1.4 Meetings and Marketing: The Artist shall be responsible for the
following related to meetings and marketing requirements:
2.1 .4.1 Conduct one (1) public lecture at a venue to be
determined in the City of Tamarac.
2.1.4.2 Be available for a minimum of three (3) meetings
with the Public Art Committee or the City Commission to
discuss aspects of the artwork. Such meetings may be
attended in person or via telephone.
2.1.4.3 Artist to provide professional photos of the sculpture
for publication and marketing purposes.
2.1.5 The Artist shall determine the artistic expression, scope, design,
color, material, and texture of the Work as set forth in the Design
Proposal and Engineering Drawings subject to review and written
acceptance by the Owner on a timely basis as set forth in this
Agreement. The size shall be determined by City and Artist prior
of commencement of work.
2.1.4 The Artist shall at the Artist's sole expense obtain all licenses,
permits and approvals required with respect to the fabrication
and its obligations for installation of the finished Work at the Site.
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
2.1.5 The City shall provide the Artist with copies of all pertinent
information relating to any and all applicable state, county or city
ordinances, statutes, codes, regulations, and/or requirements
referenced in this Agreement on a timely basis as may be
required.
2.1.6 It is understood and agreed that immediately upon execution of
this Agreement, the City shall appoint in writing an individual to
serve as the City's authorized representative for purposes of
administering this Agreement, and that the City's authorized
representative shall be the primary contact for such purposes. It
is expressly agreed that the Artist also may discuss the Work or
its requirements with various departments of the City but any
approvals required under this Agreement must be obtained in
writing from the City or its authorized representative. Email
constitutes writing for such purposes.
2.1.7 Artist shall appoint an authorized representative for administering
the Agreement on behalf of the Artist and shall be the City's
primary contact for obtaining any and all necessary approvals
from the Artist. All approvals required must be authorized in
writing by the Artist or its authorized representative. Email
constitutes writing for such purposes.
2.1.8 Address of Artwork: The sculpture will be located at the northbound
entrance to the Sawgrass Expressway, on the North side of West
Commercial Boulevard on vacant property that has been approved for
a Wood Springs Suites hotel. The property address is 5751 Madison
Avenue, Tamarac, Florida 33321.
2.2 Commencement of Work & Project Schedule
2.2.1 Upon execution of this Agreement and issuance of a written
Notice to Proceed by City, which shall be issued upon approval
and acceptance of the final Design Proposal by the City,
consistent with the requirements of this Agreement, and upon the
Artist's receipt of the first installment payment from the City in
accordance with this Agreement.
2.3 Fabrication
2.3.1 The Artist shall complete the design, fabrication, transportation and
installation of the Work in conformity with the final Design Proposal
as approved by the City.
2.3.2 Design development and modifications with drawings and/or
models sufficient to secure the approval of the Public Art
Committee and the City Commission.
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
2.3.3 Any material changes proposed by the Artist in the scope, design,
color, size, material or texture of the Work as depicted in the
Design Proposal shall be presented to the City for approval in
writing prior to implementation. A change shall be deemed
"material" if it alters the form, fit or function of the Work. Any such
change shall be evidenced by the execution of a written
amendment or change order to this Agreement signed by both
parties.
2.3.4 Once the Work has been fabricated, the Artist shall submit a report
to the City, accompanied by photographs, slides, or other
acceptable documentation substantiating that the fabrication of the
Work has been completed in accordance with the Design Proposal.
2.3.5 Artist shall provide to City, Construction documents signed by a
Licensed Florida engineer.
2.4 Installation
2.4.1 The Artist is responsible for the transportation, delivery, off-truck
loading of the artwork at the designated site, and installation of the
Work.
2.4.2 The Artist shall make arrangements for access to the Site for
delivery and installation of the Work with the City or its authorized
representative.
2.4.3 The Artist shall be responsible for all expenses, labor and
equipment incurred in connection with delivery of the Work and for
Site preparation and installation of the Work.
2.4.4 The Artist shall exercise commercially reasonable efforts to limit
installation operations to the Site unless otherwise approved by the
City or its authorized representative.
2.4.5 Artist shall utilize commercially acceptable methods to maintain and
anchor the artwork and the work site during installation in a safe
and secure manner, in order to protect against injury and
vandalism. In the event of a predicted storm event, Artist shall take
all necessary precautions to remove any loose materials at the job
site within a period of twenty-four (24) hours prior to any such
predicted storm event.
2.4.6 The Artist shall insure that the Site is clean, free of dust,
construction debris, and trash during installation, and at other times
when directed by the City. At all times while finish work is being
accomplished, the Artist shall insure that the Site is clean, free of
dust, construction debris and trash. Directly upon completion of the
Work, the Artist shall remove from the Site all of their respective
TAMARAC
The City For Your Life
City of Tamarac Purchasing& Contracts Division
equipment and any waste materials not previously disposed of,
leaving the Site clean and ready for the City's final inspection.
2.4.7 Delivery and installation of the Work shall be in conformance with
all applicable federal, state, county, and municipal laws, including
any applicable health, safety, and fire regulations.
2.5 Post-Installation
2.5.1 Except as set forth below, the risk of destruction or damage to the
Work or any part thereof shall be borne by the Artist until written
acceptance of the Work. Accordingly, except as set forth herein,
the Artist shall at its sole cost and expense, repair and restore
damage to any portion of the Work until written acceptance of the
Work by the City. Notwithstanding the foregoing, after delivery of
the Work to the Site and during installation and until final
acceptance of the Work by the City as installed, under no
circumstances shall the Artist be responsible for the cost of repair
for any damage caused by job-site contractors or subcontractors
hired by the City or otherwise not under the Artist's contractual
control or supervision or in the event of vandalism or natural
disasters resulting in damage to the Work or at the Site.
2.5.2 Upon installation of the Work, the Artist shall provide and submit all
information on the Work as may be requested by the City for its
files, including but not limited to technical and maintenance
information including any "As Built" drawings, photographs, plans,
all required warranties as may be applicable, for use in maintaining
and repairing the Work, information regarding copyright of the Work
by the Artist, updated biographical information, and a statement
regarding the Work.
2.6 Artist's Representations to the City
2.6.1 The Artist represents and warrants to the City that the fabrication
and installation of the Work will be performed in a workmanlike
manner and that the Work will be free of defects in workmanship or
materials consistent with the final Design Proposal and plans
approved by the City and that the Artist will, at the Artist's own
expense, remedy any defects due to faulty workmanship or
materials that arise within a period of three years from the
Completion Date and the date the Work is finally accepted by the
City or five days after the Completion Date, whichever shall first
occur. Any and all such repair shall be completed by the Artist in a
proper, workmanlike manner consistent with the Technical and
Maintenance Record.
TAMARAC .
The City For Your Life
City of Tamarac Purchasing & Contracts Division
2.6.2 Warranties provided to the Artist by the sub-contractors, if any,
shall be for at least one year from the date of final acceptance by
the City. All warranties related to the Work performed by sub-
contractors under this Agreement are hereby incorporated by
reference and are considered to define the extent and limitations of
warranties extended by the Artist to the City.
2.6.3 The Artist represents and warrants to the City that the Work is
solely the result of the artistic efforts of the Artist and that it will be
installed free and clear of any liens, claims or other encumbrances
of any type from any source whatsoever.
2.6.4 The personal skill, judgment and creativity of the Artist are essential
elements of this Agreement. Therefore, although the parties
recognize that the Artist may employ qualified personnel to work
under the Artist's supervision, the Artist shall not assign, transfer or
subcontract the creative and artistic portions of the Work to a
person other than the Artist without the prior written consent of the
City's authorized representative.
2.6.5 The Artist represents and warrants to the City that the Work will be
a unique placement and the artistic expressions included in the
Work do not infringe upon any copyright. The Artist will not execute
or authorize another to execute a duplicate Work consisting of a
mural of the exact same design and dimensions as the Work for
placement anywhere in the State of Florida. For the purposes of
this warranty, if the dimensions of another artwork exceed 75% of
the dimensions of the commissioned Work, the other artwork shall
be deemed to be of the same dimensions as the commissioned
Work. This warranty shall continue in effect for a period consisting
of the life of the Artist plus 50 years and shall be binding on the
Artist's heirs and assigns.
2.6.6 The Artist agrees that the Artist or other's acting on behalf of the
Artist will not make reference to or reproduce the Work, or any
portion thereof, in a way which reflects discredit on the Owner or
the Work.
2.7 City's Responsibilities
2.7.1 Upon request by the Artist, the City shall furnish the Artist, at no
cost to the Artist, the following information or services, provided
however that the City does not guarantee the accuracy of
information provided and assumes no liability therefore:
As applicable to the project, one (1) copy of all available data
pertinent to the Work, and information relative to code
•
TAMARAC
The City For Your Life
City of Tamarac Purchasing& Contracts Division
requirements, policies, standards, criteria, and studies relating to
the Work. However, the Artist shall be responsible for searching
the records and requesting the information required.
2.7.2 The City shall promptly examine all materials and information
submitted by the Artist to the City for approval and acceptance and
shall take all actions and render all decisions promptly to avoid
unreasonable delay in the progress and acceptance of the Design
Proposal, and the Artist's Work. The City shall keep the Artist
advised concerning the progress of the City's review of any and all
materials and information submitted by the Artist to the City and of
the Work. Response by the City to the Artist's written request for
decisions shall be made as soon as possible but in any event within
the timeframes mandated by this Agreement.
2.7.3 The City shall pay the Artist on a timely basis in accordance with
the Local Government Prompt Payment Act, Section 218.70, Fla.
Stat, et. seq, and the terms and conditions of this Agreement and
shall not modify, repair or use the Work or the Artist's name in any
manner that reflects discredit on the Work or on the name of the
Artist or on the reputation of the Artist.
2.7.4 In view of the parties' intention that the Work shall constitute the
artistic expression of the Artist and that all right, title and interest in
and to any and all intellectual property associated with the Work
shall not make and shall not permit any third party to make, any
additional, exact duplicate two or three-dimensional reproductions
of the final Work, including but not limited to any sculptures,
drawings, paintings, photographs or other images except with the
written permission of the Artist. Notwithstanding the foregoing, the
City may make and use two-dimensional reproductions of the Work
with proper attribution to the Artist and the Artist for non-commercial
publicity purposes to promote the Work as set forth herein.
2.8 Repair and Restoration
Except as otherwise set forth in this Agreement, maintenance of the Work
after installation of the Work at the Site and the City's written acceptance
of the Work shall be the responsibility of the City. The City shall maintain
the Work and/or make minor or emergency repairs without the Artist's
approval or consultation, provided such work is performed in accordance
with recognized principles of conservation as determined by the Artist. It
will be policy of the City to consult with the Artist regarding repairs and
restoration which are undertaken during the Artist's lifetime when that is
practicable only when such work does not comply with the maintenance
guidelines provided by the Artist. To facilitate consultation, the Artist will
notify the City of any change in the Artist's permanent address. If the
TAMARAC
.
The City For Your Life
City of Tamarac Purchasing & Contracts Division
Artist is unable or unwilling to perform any necessary repairs or
restoration, the City will cause to have such work performed at the City's
own expense in accordance with the Artist's specifications for
maintenance and repair contained in the Technical and Mechanical
Record" to be provided by Artist to City prior to final completion of the
project.
2.9 Removal or Restoration
Notwithstanding any provision of law, the parties agree that removal,
destruction or relocation of the Work may occur. While it is the City's
intent to permanently retain and publicly display the Work it has acquired
through the Public Art program, circumstances may arise that would make
it prudent for the City to remove the Work from public display. The Artist
hereby acknowledges that the Work when installed, will be incorporated
within and made a part of the Site in such a way that removing the Work
from the Site, or destruction or modification of "Site" may cause the
destruction, distortion or mutilation, of the Work. The Artist hereby
acknowledges that the Work, when installed, will be the property of the
City. The Artist therefore agrees that the City shall have absolute right
incidental to its ownership of the Site and the Work to remove, relocate,
replace, transport, transfer, sell, or store the Work, (such actions being
referred to herein as "Removal"), or to destroy, (such actions being
referred to herein as "Destructions"), the Work at such times as the City
shall deem necessary in order to exercise its powers and responsibilities
with respect to the Site. The City shall notify the Artist in writing no less
than 90 days in advance of such removal. In the event of any damage
whatsoever to the Work, the Artist reserves the right to withdraw
attribution of the Work to the Artist.
2.10 Public Hazard
In the event that the Owner determines that the Work presents an
imminent hazard to the public, the City may authorize the removal of the
Work without approval of the Artist. The Artist shall be notified within thirty
(30) days of such action, and the City shall then consider options for the
final disposition, repair, reinstallation, maintenance or deaccession of the
Work. In the event of any damage whatsoever to the Work or
deaccession of the Work, the Artist reserves the right to withdraw
attribution of the Work to the Artist.
2.11 Traffic Control and Working Hours
Pricing provided by Artist under this Agreement shall include all costs
relating to the maintenance of pedestrian traffic including any and all
safety equipment necessary, including but not limited to barricades,
signage, traffic markings, arrow boards, etc. Alternatively, the Artist may
•
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
provide a lump sum cost to cover all aspects of required maintenance of
pedestrian traffic.
3) Intellectual Property Rights and Ownership
3.1 Unless otherwise expressly agreed to in writing by the City, ownership of
all art acquired through expending funds in the public art fund shall be
vested in the City, which shall obtain title to each work of art. Additionally,
all Engineering Drawings, photographs, shop drawings, plans, materials
and specifications shall become the property of the City upon completion
of the project, and shall be delivered to City prior to completion of the
Agreement. Artist shall provide a waiver of rights. Title to the Work shall
pass to the City upon written notice to the Artist of final acceptance of the
Work after installation at the Site.
3.2 It is expressly understood and agreed that the Artist retains: (1) all right,
title and interest in all intellectual property associated with the Work,
including but not limited to all rights to the design of the Work, all rights to
all copyrights with respect to the Work under the Copyright Act of 1976, 17
U.S.C. & 101, et seq., as amended by the Visual Artists Rights Act of
1990, and any successor act, and all moral rights; and (3) all rights
expressly granted in this Agreement.
3.3 The Artist hereby grants the City the sole and exclusive right to display the
Work, and two-dimensional reproductions of the Work, and upon the prior
consent of the Artist, which consent shall not be unreasonably withheld, to
loan the Work and such reproductions to others with authority to display it
publicly with proper attribution to the Artist. Except for those rights
retained as provided herein, the Artist agrees that the Artist shall not
undertake any public display of the Work in a three-dimensional form.
3.4 With the Artist's prior, written consent, the Artist hereby authorizes the City
to make, and to authorize the making of, photographs and other two-
dimensional reproductions of the Work for educational, public relations,
arts promotional, non-commercial purposes. For the purposes of this
Agreement, the following are among those deemed to be reproductions for
non-commercial purposes: brochures and pamphlets pertaining to the
City; reproduction in exhibition catalogues, books, slides, photographs and
in news sections of newspapers; in general books and magazines not
primarily devoted to art but of an educational nature; electronic media and
television from stations operated for educational purposes. On any and all
such reproductions, the City shall place a copyright notice in the form and
manner required to protect the copyright in the Work under the United
States copyright law, the Berne Convention and any and all copyright
The City For Your Life
City of Tamarac Purchasing & Contracts Division
international conventions as may be enacted and/or amended from time to
time.
3.5 All references to the Work and all reproductions of the Work shall credit
the Work to the Artist unless the Artist makes a specific written request to
not include the Artist as part of the credit.
3.6 The Artist agrees that all formal references to the Work and
noncommercial reproductions of the Work under the Artist's control shall
include the following credit line: "A Public Art Commissioned for the City of
Tamarac, Florida."
3.7 The Artist also shall be available at such time or times as may be agreed
between the City and the Artist to attend inauguration or presentation
ceremonies relating to the final installation of the Work and the transfer of
title to the Work to the City. The City shall use its best efforts to arrange
for publicity for the completed Work in such art publications and otherwise
as may be determined between the City and the Artist as soon as
practicable following installation.
3.8 The Artist may, as part of this Agreement, be requested by the City with
reasonable advance notice to discuss the Work with the general public
and/or press/media representatives in special meetings scheduled for this
purpose. Scheduling of all such requests shall take into account the
Artist's schedules and commitments and may occur as agreed by the
parties in writing. The Artist shall be entitled to be reimbursed by the City
for travel and expenses for such events in accordance with the City's
standard travel policies and procedures.
4) Contract Sum AND Funding
4.1 The City agrees to pay Artist a fixed sum not to exceed One Hundred
and Fifty Thousand dollars and no cents ($150,000) for work
completed under this Agreement which shall include Artwork cost
consisting of design development, consultation, professional fees, labor,
materials, fabrication and Installation.
5) Payments
Payment shall be paid in the following installments, expressed as percentages of
the fixed price, each installment to represent full and final payment for all services and
material provided to payment thereof.
5.1 15% ($22,500.00) upon Notice to Proceed by the City's Administrative
Agent and the Artist's submission to the City of any executed contracts
and upon the Artist's submission of a properly completed invoice to the
City.
5.2 35% ($52,500.00) upon City approval of Engineering and Commencement
of Fabrication of the Work.
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
5.3 30% ($45, 000.00) Upon proof of 50% of Fabrication.
5.4 10% ($15,000.00) Upon verification of 100% Fabrication
5.4 10% ($15,000.00) after installation, completion and approval of the
project, upon proof of final project completion by the Administrative Agent
and the Artist's submission of proof of completion and all documents to be
provided by Artist upon completion, and upon the Artist's submission of
properly completed invoice to the City.
5.5 The City reserves the right to review and inspect all work incorporated into
the project, and shall only pay for work approved by the City. This
provision shall be subject to any additions and deductions by subsequent
change order provided in the contract documents. All payments shall be
governed by the Local Government Prompt Payment Act, F.S., Part VII,
Chapter 218.
6) Independent Contractor
6.1 This Agreement does not create an employee/employer relationship
between the Parties. It is the intent of the Parties that the Artist is an
independent contractor under this Agreement and not the City's employee
for any purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the
State Worker's Compensation Act, and the State Unemployment
Insurance law. The Artist shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Artist's activities and
responsibilities hereunder provided, further that administrative
procedures applicable to services rendered under this Agreement shall
be those of Artist, which policies of Artist shall not conflict with City, State,
or United States policies, rules or regulations relating to the use of Artist's
funds provided for herein. The Artist agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find
other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This
Agreement shall not be construed as creating any joint employment
relationship between the Artist and the City and the City will not be liable
for any obligation incurred by Artist, including but not limited to unpaid
minimum wages and/or overtime premiums.
6.2 The Artist, it's employees, subcontractors, volunteers and agents shall be
and remain independent contractors and not agents or employees of CITY
with respect to the acts and services performed by and under the terms of
this Agreement. This Agreement shall not in any way be construed to
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
create an employer/employee relationship, a partnership association, joint
venture or undertaking between the parties.
6.3 Neither the Artist nor any of its employees, subcontractors, volunteers or
agents shall receive or be entitled to any benefits afforded to CITY
employees.
6.4 The Artist acknowledges that they: i) maintain a separate business with
their own work facility, truck, equipment, materials, or similar
accommodations; ii) hold or have applied for a federal employer
identification number, unless they are a sole proprietor who is not required
to obtain a federal employer identification number under state or federal
regulations; iii) perform work or are available to perform work for any entity
in addition to or besides the CITY at their own election without the
necessity of completing an employment application or process; receive
compensation for work or services rendered on a competitive bid basis or
completion of a task or a set of tasks as defined by this contractual
agreement.
7) Insurance and Indemnification
7.1 Artist's & Installation Firm's Insurance
Prior to commencement of any work pursuant to this Agreement, both the Artist
and any Installation firm subcontracted by the Artist shall obtain at Artist's / Sub-
contractor's expense all necessary insurance in such form and amount as
required by the City's Risk & Safety Officer before beginning work under this
Agreement. Artist shall maintain such insurance in full force and effect during the
life of this Agreement. Artist shall provide to the City's Risk & Safety Officer
certificates of all insurance required under this section prior to beginning any
work under this Agreement. Artist shall indemnify and save the City harmless
from any damage resulting to it for failure of either Artist or any subcontractor to
obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage,
which the Artist agrees to maintain during the term of this contract:
Limits
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $1,000,000 $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Statutory
Employer's Liability
If the Artist has no employees as defined by Florida Statutes and Regulations,
and the Artist submits a letter so stating, this requirement may be waived in
writing by the State of Florida; however, Artist shall be responsible for obtaining a
waiver for Worker's compensation coverage from the State of Florida Division of
Workers' Compensation.
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Artist nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Artist will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverage
throughout the term of this Agreement. Subcontractors shall name the Artist and
City as additional insureds, and shall produce appropriate certificates of
insurance to be placed on file with the City.
All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating
Guide and be licensed to do business in Florida. Policies shall be "Occurrence"
form. Each carrier will give the City sixty (60) days notice prior to cancellation.
The Artist's liability insurance policies shall be endorsed to add the City of
Tamarac as "additional insured" parties. The Installation Sub-contractor (if
applicable) shall name the City of Tamarac and the Artist as an Additional
Insured. The Artist's Worker's Compensation carrier will provide a Waiver of
Subrogation to the City. The Artist shall be responsible for the payment of all
deductibles and self-insured retentions.
The City may require that the Artist purchase a bond to cover the full amount of
the deductible or self-insured retention. If the Artist is to provide professional
services under this Agreement, the Artist must provide the City with evidence of
Professional Liability insurance with, at a minimum, a limit of $1,000,000 per
occurrence and in the aggregate. "Claims-Made" forms are acceptable for
Professional Liability insurance.
7.2. Indemnification
7.2.1 The Artist shall indemnify and hold harmless the City and Broward
County, their elected and appointed officials, employees, and
agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of
life, bodily or personal injury, or property damage, including loss of
use thereof, directly or indirectly caused by, resulting from, arising
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
out of or occurring in connection with the operations of the Artist or
its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal
injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or
appointed officials and employees. The above provisions shall
survive the termination of this Agreement and shall pertain to any
occurrence during the term of this Agreement, even though the
claim may be made after the termination hereof.
7.2.2 Upon completion of all Services, obligations and duties provided for
in this Agreement, or in the event of termination of this Agreement
for any reason, the terms and conditions of this Article shall survive
indefinitely.
7.2.3 The Artist shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's
fees (including appellate attorney's fees) and costs.
7.2.4 The City and Artist recognize that various provisions of this
Agreement, including but not limited to this Section, provide for
indemnification by the Artist and requires a specific consideration be
given there for. The Parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged,
is the specific consideration for such indemnities, and the providing of
such indemnities is deemed to be part of the specifications with
respect to the services to be provided by Artist. Furthermore, the City
and Artist understand and agree that the covenants and
representations relating to this indemnification provision shall serve
the term of this Agreement and continue in full force and effect as to
the City's and the Artist's responsibility to indemnify.
i. City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Artist under the indemnification
agreement.
ii. Nothing contained herein is intended nor shall be construed to
waive City's rights and immunities under the common law or Florida
Statutes 768.28, as amended from time to time.
8) Non-Discrimination & Equal Opportunity
The Artist is an equal opportunity employer and shall not discriminate against any
employee or applicant for employment because of race, color, sex including pregnancy,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability. The Artist will take affirmative
action to ensure that employees are treated during employment, without regard to their
TAMARAC
A
The City For Your Life
City of Tamarac Purchasing & Contracts Division
race, color, sex including pregnancy, religion, age, national origin, marital status,
political affiliation, familial status, sexual orientation, gender identity or expression, or
disability. Such actions must include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Artist shall agree to post in conspicuous places, available
to employees and applicants for employment, appropriate legal notices as required by
law.
The City is an equal opportunity employer and shall not discriminate against any
employee or applicant for employment because of race, color, sex including pregnancy,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, gender identity and expression, or disability. The City will take affirmative
action to ensure that employees are treated during employment, without regard to their
race, color, sex including pregnancy, religion, age, national origin, marital status,
political affiliation, familial status, sexual orientation, gender identity or expression, or
disability. Such actions must include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The City shall agree to post in conspicuous places, available
to employees and applicants for employment, appropriate legal notices as required by
law.
9) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
ARTIST
Ray King Studio
835 N. 3rd Street
Philadelphia, PA 19123
TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contiacts Division
10) Termination
10.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the City
to the Artist for such termination in which event the Artist shall be paid its
compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Artist
abandons this Agreement or causes it to be terminated, Artist shall
indemnify the city against loss pertaining to this termination.
10.2 Default by Artist: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause,
should the Artist neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by Artist
of written notice of such neglect or failure.
11) Public Records
11.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
11.1.1 Keep and maintain public records required by the City in order
to perform the service;
11.1.2 Upon request from the City's custodian of public records,
provide the public agency with a copy of the requested
records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
11.1.3 Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the
contractor does not transfer the records to the City.
11.1.4 Upon completion of the contract, transfer, at no cost to the
City, all public records in possession of the Contractor, or
keep and maintain public records required by the City to
perform the service. If the Contractor transfers all public
records to the City upon completion of the contract, the Artist
shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure
requirements. If the Artist keeps and maintains public records
upon completion of the contract, the Artist shall meet all
applicable requirements for retaining public records. All
records stored electronically must be provided to the City,
• TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
upon request from the City's custodian of public records in a
format that is compatible with the information technology
systems of the City.
11.2 During the term of the contract, the Artist shall maintain all books, reports
and records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records and
reports shall be subject to the approval of the City's Auditor. The Artist agrees to
make available to the City's Auditor, during normal business hours and in Broward,
Dade or Palm Beach Counties, all books of account, reports and records relating
to this contract.
12) PUBLIC RECORDS CUSTODIAN
IF THE ARTIST HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT
IS THE ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK(aTAMARAC.ORG
13) Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S. 287-
135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a
boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute
the false certification allegation. If such false certification is discovered during the
active contract term, Contractor shall have ninety (90) days following receipt of the
notice to respond in writing and demonstrate that the determination of false
certification was made in error. If Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right
'TAMARAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida
Statutes, as amended from time to time.
14) Uncontrollable Forces
14.1 Neither the City nor Artist shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean any
event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of
the nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
14.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch.
The nonperforming party shall, within a reasonable time of being prevented or
delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
15) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
16) Venue and Jurisdiction
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. By execution of this Agreement, Artist agrees to be subject to the
jurisdiction of the State of Florida for the express purpose of the resolution of any
disputes arising from this Agreement. The venue for actions arising out of this
agreement is fixed in Broward County, Florida.
17) Signatory Authority
The Artist shall provide the City with copies of requisite documentation
evidencing that the signatory for Artist has the authority to enter into this Agreement.
18) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
TA RAC
The City For Your Life
City of Tamarac Purchasing & Contracts Division
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Artist and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed
by both the Artist and the City.
20) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
TAMARAC .
The City For Your Life
City of Tamarac Purchasing&Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and ARTIST, duly authorized to execute same.
CITY OF TAMARAC
,latelt( j 0')v
/... .
' , a,; Michelle J. Gomez
0 Mayor
_ :.eS% .\963 .0=
O�' .•' Date
ATTEST:iiiii
► Michael C. Cernech
City Manager �'
� v� C�. � q— L / (
T f I Patricia A. eu e , C C Date:
City Clerk
Q1 IQ 1 19 Approved as to form and legal sufficiency:
Date
tL I k
arfiU �I S. Goren, City Attorney
rS
/4 11
Date
ATTEST:
Ray King
Deborah Scoblink Artist
Signature of Artist
liNe---- -),-- - gi -_____.:____________
September 6, 2019 September 6, 2019
20 _ __.