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B. City shall enter into a professional services agreement with a qualified architectural <br />firm to finalize the design and prepare Contract Documents. <br />C. City shall advertise and solicit bids through a competitive public process to obtain a <br />qualified General Contractor. <br />D. City shall award the Construction Contract and issue the Notice to Proceed for the <br />Project upon receipt of funds as described below under Section 3B. <br />E. City shall manage and oversee Project installation using staff to inspect and approve <br />all phases of the Project, to ensure conformance to Contract Documents, Public Contract <br />Code, and all applicable federal, state and local laws and regulations. <br />F. The construction of the Project shall be funded solely through the donation of Friends <br />Funds. City shall supply the FOSAZ with quarterly written progress reports which will <br />include financial information in the format specified by FOSAZ. Any unused funds upon <br />completion shall be returned to the Friends. <br />3. The FOSAZ Duties <br />A. FOSAZ shall provide funding for the Project upfront and will be able to provide input <br />and comments to the City regarding the design of the Project. <br />B. FOSAZ shall transfer to City, Friends Funds including grants and contributions which <br />have been collected on behalf of the City for the Project. Said transfer to the City shall <br />occur prior to the City award of a construction contract and the Notice to Proceed. <br />C. FOSAZ shall continue to fundraise on behalf of the Project as necessary, and to <br />transfer grants and contributions to the City during construction, as they are raised by the <br />FOSAZ. <br />D. A representative selected by the FOSAZ shall provide input pertaining to the design <br />and installation of the project. <br />4. Time for Performance <br />All work required pursuant to this Agreement shall commence upon the City's approval <br />of the Project. <br />If, for any reason, the construction of the Project does not begin in earnest by March 1, <br />2014, the City shall then return the Friends Funds to FOSAZ. <br />Ownership and Maintenance <br />The ocelot exhibit shall, at all times, be the property of City, and City shall have <br />maintenance responsibilities thereof. <br />2 <br />4IM1111161" <br />