07/16/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 22, 2008
TO:
Dave Koppel, County Engineer
Engineering Division
FROM:
Pamela G. Hanc~_
Deputy Clerk U-
At the July 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Contracts with the following for Art in Public Places at the
Murray E. Nelson Government & Cultural Center:
Stephen Frink Photographic, Inc.
John David Hawver Gallery.vI
Xavier Cortada.
Alan S. Maltz Gallery.
Roberta Cris Sandifer.
Enclosed is a -dHfjli;;r, erigiRal of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
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tyl[lDroe County Art in Public Plaees Award Al!rllcment
Tlus AGREEMENT dated the ~day of 00 2008, is entered into by nnd
between the BOARD OF COLNTY COMMISSIONERS FOR MONROE COUNTY,
heminaJl:er "COUnty", and JOHN' DAVID HAWVER GALLERY hereinafter "Artist",
En>;, #_s:~
WHEREAS, the Art in Public Places OrdinancAl #022-2001, codified at MCC ~2-
322(A), provides for an appropriation of I % 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 wvise the County Commission regardi.ng art to be acquirro and installed in
each public construction project subject to the A!FP allocation; and
WHEREAS, the AIPP Committee has selecied and recommended to the BOCC
one or more artists for rhis project; and
WHEREAS, the Board of Counry Commissioners of Monroe County have
detennined rhat jt is in the interest of the prornOling the understanding and awareness of
the visual arts to contract for the creation and installation of anwork in the Murray E.
Nelson Government & Cultural Center. Key Largo, Florida.
NOW, THEREFORE, in consideration of the m:ltual covenants and payments
contained herein, the parties have entered into this agreement ern the term~ and condhions
as set forth below.
1. AGREEMENT PERIOD: This agreemenr is for the period July 16, 2008 thM.gh
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 ,tated
period unless one party gives to the other written notification of tennination
pursuant to and in compliance with paragraphs 7,12, and 13 below. An work for
which AlPP funds are to he expended must be completed by the Slated
temlinatioD date,
2. SCOPE OF AGREEMENT: The Artist shall provide
"MllII&l'Ove Canopy" a vertical on painting approximately 8' x 10'
Artist shall confer with and coordinate activities with the construction contractor
(m the job in Older to insure that rhere is as much cooperation and cohesiven= in
the incorporation of the art into the building under construction, and so that there
shall be [he least amount of interference between t~.e Artist and rhe Contractor,
3. AMOUNT Or AGREEMENT Ai\'D PAYMENT: The County shall provide an
amount not to exceed $15,000.00 for materials and services used to create and
install the project. The Board of County Commissioners assumes no liability to
fund tlus agreemenr for an amO\Ult in excess of this award. Monroe County's
perfonnance and obligation 10 pay under this agreement is contingent up<'n an
Monroe COlJfilj,'
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JUN 24 2008
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ilJ1Ilua! appropriation by the BOCC. Pursuant to florida's Prompt Paymcnt Act,
upon receipt by County of an Invoice for each of three (3) phll5cs, and
documentation to sarisfy,he Clerk that the appropriate phase has been
completed, payment shall be made for the following phases at the referenced
rates;
1) pesil!l1 Phase:
].) Mat!rrials:
33.3% of tot a! payment;
33.3% of tot a] when artist submits t'eceipn for materials and
eligible costs equal to or greater thall 33.3% of the contract total;
and
33.3% final pa:ymeni due when insralllllion is deelTled completll
3l1d contl'actuwlIgreement specificaiions are verified by ihe
Monroe C()unty Purchasing Department or designee.
3) Completion:
Eligibl!e~'L!ll]g..!'_xpenditures for the-WD~ct and the Mal award ino;;lude. but arc nq!
limi!edtQ:
A. Artist's design fee
B. Labor, materials, contracted servi\:es required for production and mstallation
c. Arti.!'s operating expenses related to the project
D. Travel related to this project, pursuant to statutory Iimil<ttion$
E. Transpomotion of the work to the siTe
F. Installation to the site
G. Pennits and fellS necessary for the installation (aJl:PHce.ble for exterior projects
which also require HARe re\iewl
H. Legal costs directly related to the project
J. Liability costs of artist
Payment shall be made upon presentation of an ongma! invoice and documentation
necessary to support the completion of the work. Artist shall also provide a release of
lien if appU(:sbJe.
Final payment request must be submitted tiC- later thall 60 days after the completion of the
proj~...'"t.
4, OWNERSHIP and RlGHTS: Upon tbe installation of the artwork, COWlty shall
own the artwork Md all rights related thereto fully and c:omplete]y.
5. RECORDS; . The Artist ~hllll keep such records as are necessary to documem the
performance of the agreement and give access to these records at the reqlltst of
the County, the Stllte of Florida, or authorized agent and l'eprc,sentative of said
govenunent bodies. The Artist tmd"rstands that it shall be responsible for
repayment or any and ..11 audit exceptiollS which are idel!t:ificd by the Auditor
General for the State of Florida, the Cletl, of Court for Momoe County, the BOllrd
of eo WIly COl1lmissioners for Monroe COWlty, or their agents and representati\'es,
6, MODIFICATIONS AND AMENDMENTS, Any and all moditkation. of the
terms of this agre..'ment shall be only amended in wri[ing and approved [he Board
of County Commissioners for Monroe County.
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Fr,.-MONROE COJNT' INGINERING
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INDEPENDENT COli/TRACTOR: At all timl's and t01' all purposes h~reunder,
the Artist is an indepcadent contractor and not IU'l employee of the Board of
County Commissioners of Monroe County. No statement contained in rhis
agre~'1Ilent shall be constrUed as to find the Artist or any of its employee-s,
contractors, servants or agents to the employees of the Board of County
Commissioners of Monroe County, alld they shall be entitled to none efthe rights,
privileges or benefits of employees orMonroe County.
8.
COMPLIANCE WITH LAW: In carrying out its obligations unde1' this
agreement, the Artist shall abide by aU statutes, ordinances, rules and regulations
pertaining to or regulating the provisionH of this agreement, including those now
in effect and hereafter adopted. Any violation of said statutes, ordinance:;, rules
or regulations shall constil'.lte Il material breach of this agreement and shall entitle
the C.ounty to lenninate this agreement immediately upon delivery of written
notice of termination to the Artist.
9.
HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees to
indemnity and hold harmless the BOCC Florida Keys Council of the Arts, AIPP
Committee and Monroe County and any of their officers and employees horn and
against any and all claims, liabilities, litigation, causes of action. damages, costs,
expenses (including but not limited to fe.;s and expenses arising from any iacmal
investigation, discovery or preparation for litigation), and the payment of any Md
all of the foregoing Or any demands, seltlllll1ants or judgments arising directly <'r
indirectly under this agreement. The Artist shall immediately give notice to the
County of any suit, claim or action made against the Counly that is related te' the
activity under this agreement, and will cooperate with the Ccmllty in the
investigation arising ElS a result of any sliit, action or claim related to this
Ilgrellll1ent.
10.
ANTI-DISCRIMINATION: The AItist agrees that they will not discriminate
against any of their employees or applicants for employment or against persons
for any benetit or service because of their race, cot or, religion, se)(, 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 Anlst warrants thaI 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 employ.,.,
or officer of the County has any interest, financ:ally or otherwise, in the said
funded project, except for general membership. FOr breach or violation o:>f this
wan'anty, the County shall have the right to annul tlLis agreement without li.abiHty
or, in its discretion, to deduct from the agreement price or c.onsideration, the full
amount of such commission. pereentllge, brokerage or oontingent tee.
12.
TERMINATlON: This agreement shall terminate pur.wmt to Paragraph #L
Termination prior thereto shall occur whenever funds canllot be obtained OJ'
cannot be continued at a level sufficient to allow for the continuation of this
agreement pursuant to ilie terms herein. In the event that funds cannot be
continued at a level sufficient to allow the cominuarion of this agreement pursuant
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to the cenns specified herein, this a.greement may then be termiMted immediately
by written notice of rennination delivered in person or by mail to Artist. The
County may lcnninate this agreement without cause upon giving 90 day; written
notice of termination to Artist. The County shall not be obligated to pay for :my
services or goods provided by Artist after Artist has received written notice of
tenninatlon.
13. TERMINATION FOR BREACH: The County may immediately terminate this
agreement for iU1y breach of the terms contained herein. Such tennination shall
take place im:nediately upon receipt Cifwrinen notice of said termination. Ar!y
waiver of any breach of covenants herein contained to be kept and perfolTlJed by
Artist shall not be d,""med or considered as a cuntinuing waiver and shall not
operate t(1 bar or prevent the County from declari.ng a torfeit1.lre for any
succeeding breach either of the wne conditions or of any other conditions
14. ENTIRE AGREmv1ENT: This agreement constitutes the entire agreem,:nt of the
parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect co such subject matter between the County and ,he
Artist.
15. CONSENT TO JURISDiCTION: This agreement, its jJerforn1aDce, ll."ld all
disputes arising hereunder, shall be govemed 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: Anist warrants that he has not ernployoo, retained or
otherwise had oct on his hehalf any former County officer Or employee in
violation of Section 2 of Ordinance No. 10- I 990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For breach 0r
violation of the pro\;sion the County may, at its discretion terminate this
agreement without liability and may also, at its discretion, deduc.t from the
agreement ur purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or mnsideration paid to the fonner or present
County officer or employee.
17. PUBLIC ENTITY CRIME STATEMENT: A person or aftl1iate who has been
pllWed on the convicted yendor list following a conviction for public entity Clime
may oot submit a bid on an agreement to provide any goods or services to a public
entity, may not submit 3. 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 perfonn work as a
contractor, supplier, sub-contractor, or con5ultnnt under an agreement with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided ill 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 warranls that it is authorized by law to engage in the
performance of the activities encompassed by the projec! herein described. Each
of the signatories for the Artist below are authorized to contract Artist's services.
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i 9 LICENSING A"ID PERMITS: Artist warrants that he or she shall have, prior to
commencement of work under this agreement and at all times d1.uing said work,
Illl required licenses and pcnnits whether federal, state, COurtlY or City.
20. NSURANC:E: Artist agrees that it maintains in foree at its own ex:pense II
liability insurance policy which will insure and indemnify the Artist and the
CouIIty from any suits, claims or actions brought by any person or persons and
from all costs and expenses occurring d1.uing the agreement or thereafter that
results from performance by Artist of the obligations set foIth in this agreement.
At all times during the term of the agreement and for one :'f'Cax after acceptance of
the project, unleu tbe n'quircmcnt Is waived by the Monroe Count) Rlsk
Manaa:ef'. Artist shall maintain on file with the County !\ 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.
Ar-CJ~ptance and/or approval of Artist's insurance shall not be construed lL'
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 Inw-ed" on an policies except worker's
compensation.
Any deviations from these Genemllnsurance Requirements must be requested in
writing on the CoWlty form titled "Request for Waiver of Insurance
Requirements" and must be approved by Monroe County Risk Managimlent. The
following coverages shall be provided prior to commencement of work governed
by this contract:
L Workers Compensation if, and as required hy Florida Statutes
2. General Liability Insurance. Coverage shall be maintained tbrough out the
life of the contract and include, as a minlmum:
. Premises Operations
. Products and Completed Operations
. Blanket Contra~tual 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, tbe minimum limits acceptable shall be:
S100,OOO per Person
$300,000 per Occurrence
$ 50,000 Property Damage
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An Occurrence Form policy is preferred. If coverage is provided on a
Claims Made policy, iu provisions should include coverage tor claims
filed on or after the effective date oftbia contract. In addition, the period
fur which claims may be reported should extend for a minimum of twelve
(12) months following the acceptJmce of work by the County.
21.
NOTICE: A1J.y v'lrjtten notice to be given to either party under his
agreem~'I1t or related hereto $hall be addressed and delivered as follows
fQ.!:.At:liJit
John David Hawver Gallery
At the Rain Barrel
86700 Overseas Highway
blamorada, FL 33036
Fnr CCllmty:
Florida Keys Council of the Ans
1100 Simonton Street
Key West, FL 33040
and
County Attorney
P.O. Box 1026
Key West, FL 33041.1026
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\,~: '~L. KOLHAGE, CLERK
BOAlU> OF COUNTY COMMISSIONF.RS
OF MONROE COUNTY, FLORIDA
BY:-_~M~
Mayor/Chainnan
ARTIST:
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P,8SIST1NT '1'UNFATTORNEY
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Monroe COUnly
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRAnON
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best Interest of the County, to deviate from the
standard insurance requirements specified within this manual. Raoognii1:ing this potential, and acting on
the advice of the County Attorney, the Board 01 County Comm~onel1i tlils granted authori2.atlon 10 Risk
Manegementto waive and moclify various insul'llnce provisions
Specifically excluded from this authorization is the right to waive;
. The County as being nllmtlCl as an Additional Inlll~~ a letter from the Insurance
Company (not the Agent.) 1$ presented, stating that they are unable or unwilling to name the
COunty ai an Addltionallnsul'8d. Risk Managemel1l has been granted the authOrity to waive
this provision,
and
'. ll1e Indllllllniflcation and Hold Harmle. provision.
.IlV!!ivino of Insurance orovisi!mi..Sluld elCpOtil.. the County tq economic loss. For this rellSQn, ev8IY
attempt should bit madll to obtain the Slandard Insurance rvqulremenis. It a waiver or a modification Is
desired, . RMluMt for Waiver of InlutMce RMlulnln1ents form should be completed and submitted
for consideration wIth the proposal.
Aner consideration by Risk Management and II approved, the form will be returned, to the County
Attorney who win submit the Waiver with the other contract documenlS for executlon by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Administrator or Ihe l!lOllrd of County Commlll5lonen;, who retains the 1111il1 decision-making auUlOrity.
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MONROE COUNTY, FLORIDA
Reque.t For WaIver
of
Insurance Requirements
It is requested that the Insur8f1~ requiremenlll. as spec:ffied 111 the County's Schedult of Insurance
Requirements, be waivod or modified on the following contract:
Conlraelor: jOI-{~\ MlI i(')HAVIiV~
Contrllct for.
AddrassofConu.Clo~
Phone:
Scope of WoJl:
Reason lor Waivel:
polioies W..iver
will apply to:
SigrMIwre of Contraclor:
Risk Mll1lIgement:
Date:
JOHN DA1Ji'f) +IAwlluL 8/HL~2
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Board of County Commissionelli appell:
Approved
MeetIng Dele:
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at the Rain BIrrel
SG7QO OvelMll8 Highway
18lamorada, FIor1da 33038
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