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