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Item C04Co unty of Monr M l� 4C BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 The Florida Keys Y Mayor Pro Tern Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 11.1 5 Heather Carruthers, District 3 County Commission Meeting February 21, 2018 Agenda Item Number: CA Agenda Item Swnmary #3743 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292 -4439 N/A AGENDA ITEM WORDING: Approval of a contract for $22,000 with J.H. Allen for public art at Bernstein Park recommended by the Art in Public Places (AIPP) Committee and the Florida Keys Council of the Arts (FKCA). This will be funded by the one -cent infrasturcture tax. ITEM BACKGROUND: Monroe County Ordinance No. 022 -2001 provides for an appropriation of 1% of the construction costs for new construction exceeding $500,000 to promote understanding and awareness of the visual arts and enrich the public environment for residents and visitors. The redevelopment of Bernstein Park is nearing completion and allows for funding for public art by three artists whose works were recommended by the AIPP Committee and the FKCA to be installed on the site. J.H. Allen is one of the three artists and he will be providing 500 square feet of mural painting, in the fresco technique, on the east side of the building and wrapping around the side walls to end logically at the corners. The artwork will cover both the first and second floor exterior walls. PREVIOUS RELEVANT BOCC ACTION: On April 20, 2016, the BOCC approved a contract with Burke Construction Group for the construction of the Redevelopment of Bernstein Park project. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: AIPP J.H. Allen Contract FINANCIAL IMPACT: Effective Date: 02/21/18 Expiration Date: 90 days after issuance of notice to proceed Total Dollar Value of Contract: $22,000.00 Total Cost to County: $22,000.00 Current Year Portion: $22,000.00 Budgeted: Yes Source of Funds: 314 25004 560630 CC1603 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: Additional Details: If yes, amount: Yes 01/17/18 314 -25004 • CULTURE & REC FUND 314 $22,000.00 CC 1603 REVIEWED BY: Cary Knight Completed 02/02/2018 9:52 AM Patricia Eables Completed 02/04/2018 3:45 PM Budget and Finance Completed 02/05/2018 8:51 AM Maria Slavik Completed 02/05/2018 9:05 AM Kevin Wilson Completed 02/05/2018 9:22 AM Kathy Peters Completed 02/05/2018 9:26 AM Board of County Commissioners Pending 02/21/2018 9:00 AM Monroe County Art in Public places Award Agreement This AGREEMENT dated the 21" day of February 2018, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County" or "BOCC", and J.H. ALLEN, aWa JACK A. HENRY, hereinafter "Artist". WHEREAS, the Monroe County BOCC recognizes the extent of cultural resources available in the county for development, promotion, and enjoyment of the arts. It is the intent of the BOCC to enrich culturally and benefit the citizens of this county through the establishment of Art in Public Places; and WHEREAS, the Ordinance established an Arts in Public Places (AIPP) Committee to review responses to Requests for Proposals for art to be acquired, commissioned- installed- and maintained in 9 con BOCC regarding the art subject to the AIPP allocation; and lmiu 4 lblli,l ,410 110w , a I - lei my I PAWAM]w IN Mil"M 0, s go"' aralmont"r-111=11mo III&VElleffly NOW, THEREFORE, in consideration of the mutual covenants and payments contained as set forth below. 1 SCOPE OF AGREEMENT: The Artist shall provide: ofinuralpainfing, in thefresco technique, on the east side of the building and wrapping around the side walls to end logi6dly at the corners. The artwork will cover both the first and secondfloor exterior walls. The design willjollow the color palette and davkn as proposed. 5, 33.3% of total payment; 2) Matc 33.3% of total when artist submits receipts for materials and eligible costs equal to or greater than 33.3% of the contract total. Travel expenses are included in this phase and shall be paid in accordance with Monroe County Code of Ordinances, Sec. 2-106 et. seq., as described in 2a) below: 0 letiow 33.3% final payment due when installation is deemed complete W --- and contractual agreement specifications are verified by the Monroe County Project Management Department or its designee. 5 2 Art in Public Places — Bernstein Park, J. H. Allen Payment shall be made upon presentation of an original invoice and documentation necessary to support the completion of the work, Artist shall also provide any release of liens, if applicable. 9 6. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the BOCC. Extensions of time to complete any terms or conditions of this Agreement must be made in writing and may be approved only by the BOCC. H 5, Ar l iallso l ilnl=� l a 5, 14, ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the County and the Artist. 15, CONSENT TO JURISDICTION: This agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 18. AUTHORITY: Artist warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Artist below is authorized to contract Artist's services. 19. LICENSING AND PERMITS: Artist warrants that he or she shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether Federal, State, County or City. 20. INSURANCE: Artist agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Artist and the County from any suits, claims, or actions brought by any person or persons and from all costs and expenses occurring during the agreement or thereafter that results from performance by Artist of the obligations set forth in this agreement. 6 Art in Public Places — Bernstein Park, J. H. Allen Acceptance and/or approval of Artist's insurance shall not be construed as relieving Artist from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies except workers' compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. The following coverages shall be provided prior to commencement of work governed by this contract: General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum.- • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period 5 7 Art in Public Places — Bernstein Park, J. H, Allen 21. NOTICE: Any written notice to be given to either party under this agreement or related hereto shall be in writing and hand delivered or mailed, postage pre-paid, by certified mail, return receipt requested, and addressed and delivered as follows J. H. Allen 1114 Margaret Street Key West, FL 33040 The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied 8 Art in Public Places — Bernstein Park, J. H. Allen 1100 Simonton Street Key West, Fl, 33040 M] County Attorney P.O. Box 1026 Key West, FL 33041-1026 5, --- - - -------- 33040. 23. RISK OF LOSS: Risk of loss or darnage to the artwork shall be bome by the Artist until acceptance of the artwork by the County as indicated after the final 0 a 11 9 payment has been made by the County. The Artist shall carry insurance sufficient to cover the purchase price of the artwork to cover risk of loss or damage to the artwork until final acceptance by the County. I MW I C I 1 1m uml to WARIN I I I i I (SEAL) ATTEST: KEVIN MADOK, CLERK By: Deputy Clerk By: ... .......... Mayor/Chairman 10 Art in Public Places — Bemstein Park, J. H. Allen . ....................... Print Name DATE: STATE OF ...:5.... . ............... . T DATE: IN '' NX N�l � \k- . . . . . . . . . . . ... PS 17 q7 IL B Request For Waiver of It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: contract for: I i OEM= Risk Manage Date: County Administrator appeal: Approved Not Approved - Administrative Instruction WAIV DEC DOC #47 09 3 5" STATE OF FLORIDA TRAVELER _.. ........ AGENCY VOUCHER FOR REIMBURSEMENT HEADQUARTERS ........ ......... .............. OF TRAVEL EXPENSE C=heck I" ner ... 17FI ERIE st LOYE NON.- EMPLOYEEd Ni.). CONTRACTOR RESlDENCE CITY ------ ------ . .v.. ....... ......... ......... ......... How of ... 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