Loading...
Item C31BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Bulk Item: Yes X No _ Division: Administration Services Department: Project Management Staff Contact Person/Phone #: Peter Horton x 5210 Ann Riger X 4439 AGENDA ITEM WORDING: Approval of an Award Agreement for Art in Public Places to Debra Yates for artwork at the Key West International Airport. ITEM BACKGROUND: On November 17, 2008, the Art in Public Places voting committee approved seven artists for art at the Key West terminal complex. Debra Yates was selected and she will be providing a painted mural for the security exit wall. PREVIOUS RELEVANT BOCC ACTION: At the BOCC public hearing on 08/20/08, the commissioners approved $180,000 for artwork at the Key West International Airport. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $17500.00 BUDGETED: Yes —Y. —No COST TO COUNTY: $17.500.00 SOURCE OF FUNDS: Fund 405 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Debra Yates Contract # Effective Date: 04/15/09 Expiration Date: Contract Purpose/Description: To provide artwork through Art in Public Places for the Key West International Airport Contract Manager: Ann Riger X4549 Facilities Devel/Sto # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 04/15/09 Agenda Deadline: 03/31/09 CONTRACT COSTS Total Dollar Value of Contract: $ 17,500 Current Year Portion: $ 17,500 Budgeted? Yes® No ❑ Account Codes: 405-630901-560620-GAKBOI-530340 Grant: $ N/A - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director Yes❑ NoF1 Risk ManagFment 3�.-O Yes❑ No[r n� b O.M.B./Purchg 3 W -0�i YesE] Nop ] ` County Attorney g��O Yes[:] No2-,,*,,- I Comments: OMB Form Revised 2/27/01 MCP #2 Date Out 331og 13a10 Monroe County Art in Public Places Award Asreement This AGREEMENT dated the 15`h day of April' 2009, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County", and DEBRA YATES, hereinafter "Artist", SSAN: WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2- 322(A), provides for an appropriation of 1 % of the construction costs for new construction exceeding $500,000 and renovations exceeding $100,000; and WHEREAS, the Ordinance established an Arts in Public Places (AIPP) Committee to advise the County Commission regarding art to be acquired and installed in each public construction project subject to the AIPP allocation; and WHEREAS, the AIPP Committee has selected and recommended to the BOCC one or more artists for this project; and WHEREAS, the Board of County Commissioners of Monroe County have determined that it is in the interest of the promoting the understanding and awareness of the visual arts to contract for the creation and installation of artwork in the Key West International Airport. NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the parties have entered into this agreement on the terms and conditions as set forth below. 1. AGREEMENT PERIOD: This agreement is for the period April 15, 2009 through 60 days subsequent to date of issuance of Certificate of Occupancy or Certificate of Completion for building. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7, 12, and 13 below. All work for which AIPP funds are to be expended must be completed by the stated termination date. 2. SCOPE OF AGREEMENT: The Artist shall provide A painted mural for the security exit wall approximately 4' high x 16' wide Artist shall confer with and coordinate activities with the construction contractor on the job in order to insure that there is as much cooperation and cohesiveness in the incorporation of the art into the building under construction, and so that there shall be the least amount of interference between the Artist and the Contractor. 3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount not to exceed $17,500.00 for materials and services used to create and install the project. The Board of County Commissioners assumes no liability to fund this agreement for an amount in excess of this award. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. Pursuant to Florida's Prompt Payment Act, upon receipt by County of an Invoice for each of three (3) phases, and documentation to satisfy the Clerk that the appropriate phase has been completed, payment shall be made for the following phases at the referenced rates: 1) Design Phase: 33.3% of total payment; 2) Materials: 33.3% of total when artist submits receipts for materials and eligible costs equal to or greater than 33.3% of the contract total; and 3) Completion: 33.3% final payment due when installation is deemed complete and contractual agreement specifications are verified by the Monroe County Purchasing Department or designee. Eligible costs and expenditures for the project and the total award include, but are not limited to: A. Artist's design fee B. Labor, materials, contracted services required for production and installation C. Artist's operating expenses related to the project D. Travel related to this project, pursuant to statutory limitations E. Transportation of the work to the site F. Installation to the site G. Permits and fees necessary for the installation (applicable for exterior projects which also require HARC review) H. Legal costs directly related to the project I. Liability costs of artist Payment shall be made upon presentation of an original invoice and documentation necessary to support the completion of the work. Artist shall also provide a release of lien if applicable. Final payment request must be submitted no later than 60 days after the completion of the project. 4. OWNERSHIP and RIGHTS: Upon the installation of the artwork, County shall own the artwork and all rights related thereto fully and completely. 5. RECORDS: The Artist shall keep such records as are necessary to document the performance of the agreement and give access to these records at the request of the County, the State of Florida, or authorized agent and representative of said government bodies. The Artist understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. 6. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of this agreement shall be only amended in writing and approved the Board of County Commissioners for Monroe County. 7. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder, the Artist is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the Artist or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 8. COMPLIANCE WITH LAW: In carrying out its obligations under this agreement, the Artist shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to the Artist. 9. HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees to indemnify and hold harmless the BOCC Florida Keys Council of the Arts, AIPP Committee and Monroe County and any of their officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The Artist shall immediately give notice to the County of any suit, claim or action made against the County that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 10. ANTI -DISCRIMINATION: The Artist agrees that they will not discriminate against any of their employees or applicants for employment or against persons for any benefit or service because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. 11. ANTI -KICKBACK: The Artist warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 12. TERMINATION: This agreement shall terminate pursuant to Paragraph #1. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this agreement pursuant to the terms specified herein, this agreement may then be terminated immediately by written notice of termination delivered in person or by mail to Artist. The County may terminate this agreement without cause upon giving 90 days written notice of termination to Artist. The County shall not be obligated to pay for any services or goods provided by Artist after Artist has received written notice of termination. 13. TERMINATION FOR BREACH: The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Artist shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. 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. 16. ETHICS CLAUSE: Artist warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Artist represents that Artist is not on the Convicted Vendor list. 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 are 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. At all times during the term of the agreement and for one year after acceptance of the project, unless the requirement is waived by the Monroe County Risk Manager, Artist shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in renewal, material change or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 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 Inured" on all policies except worker's 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: 1. Workers Compensation if, and as required by Florida Statutes 2. General Liability Insurance. Coverage shall be maintained through out 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) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage 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 for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 21. NOTICE: Any written notice to be given to either party under his agreement or related hereto shall be addressed and delivered as follows: For Artist Debra Yates 1205 Von Phister Street Key West, FL 33040 For County: Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 and County Attorney P.O. Box 1026 Key West, FL 33041-1026 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk WTTWPSSF.S- Mayor/Chairman L40NROL: COj'J 'TY AT i ORNEY PROVEN AST HM: NA?`EENE W i, SSEL ASSISTANT C JJNi TY ATTORNEY Date Date: I � --) �� ApplWatwn cover bneet Applicant Contact Information: Name: A1 T Address: Phone(s): ` l + (A E-Mail: Website:1(� Monroe County resident: Yes_ No (If yes, please attach proof of residency.) Total Budget/Cost: ft ►7r)0o Total Number of Art Pieces included in proposal: 1 (if applying for multiple spaces, fumish total budget and number of art pieces for each space.) Please briefly describe the following if applicable; if not applicable indicate with N/A. Special fighting required: Other special requirements: 0 Type/amount of project access desired: Installation time required: Maintenance requirements: v'\ 0 to Artist maintains a $300,000 liability insurance policy: Yes / No If no, please explain. Please check the following items to indicate they are attached: -� Written proposal. -gyp Itemized budget. Concept drawings; 5 pages maximum (8.5" x 11') including color sketch Qr digital rendition. Digital images PDF or 7PG not exceeding 75dpi - 5 images maximum. 0 If 3-dimensional art proposal, one small model. Note: Support materials will not be retumed to the applicant without prior pre -paid shipping. Signature confirming that all information provided for this application is true and correct. or head of omani'zation Type or print name MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedu o Insurance Requirements be waived or modified on the following contract. Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Risk Management: Date: County Administrator appeal: Date: i I� •'ja 0 Mai JIM Approved Ivor JApproveu: Approved: Board of County Commissioners appeal: Approved: Meeting Date: Not Approved: Not Approved: Debra Yates 305-304-8965 debrayates.com PROPOSAL SITE #8, Security Exit Wall Dimensions: approximately 4' high x 16' wide Debra Yates has created a design for a mural that is bold in composition but light in color and feeling. The work could be fabricated in either ceramic mosaic tile or multi -media paint. This work would fill the entire space above the exit ramp entrance. The composition is designed to feel bright and airy, to complement the beautiful airport space. "Sun and Fun" is the name of the series of compositions that could be installed over the ticket counter, above the security exit wall, behind the water fountain, and on the six wall spaces. I propose using the four spaces; sites #9, #8, #4, and #3, for a series of work that is cohesive, harmonious, and blends with the site. These murals stand alone, but work together. The six paintings create a rhythm on canvas. The colors and textures of these compositions will feel tropical and will harmonize with the surroundings. The circles, painted or tiled in tones of red and fuchsia, represent the many "sun" experiences in the Keys. Blues and aqua are blended to create texture and give you the feeling of the ocean that you see out of the terminal's many windows. Silver tile will be incorporated in keeping with the stainless touches of the interior. The compositions create a harmonious rhythm, a joyful "happy" feeling. This work will complement the architecture, the colors selected for the interior space, and the magnificent views. The compositions will be strong, whether fabricated in ceramic tile or painted. The installation will be rapid and neat in either application. Mosaic tile is the preferred medium for the artist. The attached budget has the design and installation costs itemized in both ceramic file and paint. s Y: ACQBDM CERTIFICATE OF LIABILITY INSURANCE 1 DATE 03/16/20 9) PRODUCER (305)294-2542 FAX (305)296-7985 The Forter Allen Company 513 Southard Street Key West, FL 33040 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Debra Yates 1205 Von Phister Key West, FL 33040 INSURERA: Penn America INSURERB: INSURERC: INSURER D: INSURER E: rnvcoAr_oc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR jjjLjN.sRrGENERAL ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LIABILITY PAC 6789304 03/13/2009 03/13/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5 00 PERSONAL & ADV INJURY $ 1,000,000 A X GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- OTH- E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS SPATIAL DESIGNS WORK CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED MONROE CTY BOARD OF CTY COMMISSIONERS its employees and officials attn: Ann Riger 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SU TICE OF ANY KIND UPON TH INSU ER, ITS AUTHORIZED REPRESENT TI7 BYRON GRONVOLD /( OBLIGATION OR ACORD 25 (2001108) ( I 1 / ©ACORD CORPORATION 1988 _ GRESHAM & ASSOCIATES L INSURANCE BROKERS The Independent Source .for `iNholesafe Insurance Date: March 16, 2009 To: Byron Gronvold The Porter Allen Company Incorporated From: Tony Vanzina, Underwriter Phone: (561) 682-3100 Fax: (561) 656-6040 Email: tvanzina@greshaminc.com Re: Insured: Debra Yates Policy Number: PAC6789304 BINDER Gresham & Associates, Inc. has arranged the insurance summarized below. Please note that the terms of this confirmation of insurance may not be identical to those requested in your specifications. Refer to the policy for specific details. Coverage: General Liability Carrier: Penn -America Insurance Company Non -Admitted Policy Form: Occurrence Policy Period: 3/13/2009 TO 3/13/2010 Term: 12 Months Limits: General Liability: $1,000,000 Occurrence $2,000,000 General Aggregate $1,000,000 Products/Completed Operations $1,000,000 Personal/Advertising Injury $ 100,000 Fire Damage $ 5,000 Medical Payment Deductible: $0 Per Occurrence including LAE Premium: Fees: Policy Fee Inspection Fee Taxes: Surplus Lines Tax FL Hurricane Catastrophe Fund Service Office Fee Total: Terms: $750.00 $35.00 $125.00 $45.50 $9.10 $0.91 $965.51 Excluding TRIA CGOOO I - CGL Coverage Form CG0220 - Florida Changes - Cancellations & Non -renewal CG0300 - Deductible Endorsement CG2026 - Additional Insured CG2155 - Total Pollution Exclusion with Hostile Fire Exception CG2147- Employment Related Practices Exclusion CG2167 - Fungi or Bacteria Exclusion CG2186 - Exclusion - Exterior Insulation and Finish Systems CG2196 - Silica or Silica Related Dust Exclusion CG2136 - New Entities Endorsement CG2426 - Contractual Liability Amendment IL0021 - Nuclear Energy Exclusion 52000 - General Liability Declarations 52002 - Combined Provisions (EXCLUDES: Punitive Damages, Asbestos, Earth -movement) 52006 - Independent Contractors Conditional Endorsement S2033 - Lead Contamination Exclusion 52041 - Limitation/Designated Classification 52107 - United Exclusion - Condominium, Townhouse, Row House or Tract House Construction 52108 - Preexisting or Progressive Damage or Defect Exclusion CGO067 - Exclusion -Violation of Statutes That Govern E-Mails, Fax Phone Calls, or other Methods of Sending Material or Information S 1003 - 25% Minimum Earned Premium Cancellation and Non -Renewal S 1001 -Service of Suit ILOO 17 - Common Policy Conditions CG2173 Exclusion of Certified Acts of Terrorism and Other Acts of Terrorism Subject to: Favorable Inspections ALL OTHER TERMS AND CONDITIONS APPLY PER FORM This confirmation will be evidence of insurance until issuance of the policy but no longer than 30 days from the inception of the policy term, to expire on 4/12/2009. It is expressly stipulated that Gresham & Associates are not insurers of the risk described herein, but execute this confirmation solely in their capacity as Insurance Brokers. In the event premium financing is arranged by either your agency or the insured, it is understood and agreed that all return premiums must flow from our office directly to the premium finance company regardless of prior arrangements.