BPK Park Community Center
Monroe County Art in Public Places Award Al!reement
This AGREEMENT dated the 161b day of Julv 2008, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County", and NESTOR MADALENGOITIA hereinafter "Artist",
SSAN~
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC 92-
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 Big Pine Key
Park Community Center.
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.
I. AGREEMENT PERIOD: This agreement is for the period July 16, 2008 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
Wall mural for the second floor meeting room that will run the length of the
22' wall. with a heiRht that ran!:es from 6' to 9' at the center.
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 ofthe 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 $12,500.00 for materials and services used to create and
Illstall the project. The Board of County Commissioners assumes no liability to
fund thiS a,greernent tor an mnount in ~xceS3 of this award. i\1onroe 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 eacb of three (3) pbases, and
documentation to satislY the Clerk that the appropriate phase has been
completed, payment shall be made for the following phases at the referenced
rates:
I) Desil!ll Phase:
2) Materials:
33.3% of total payment;
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
33.3% final payment due when installation is deemed complete
and contractual agreement specifications are verified by the
Monroe County Purchasing Department or designee.
3) Comoletion:
Elilrible costs and exoenditures for the oroject 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
GeneraI for the Slate 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 tor 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 cornrnission, 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:
I. 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
For Countv:
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
~--::' --~---. --.
.. ,,--- ~~":.',
+' )~~~ESS WH~REOF, the parties hereto have caused this agreement to be executed the
/ ~~v.el!I)irst above wntten.
I ,,~~ :?",,:" ,
. .
. .
. . . ~ '-.. BOARD OF COUNTY COMMISSIONERS
.' ."'.'.,. ATt'I\S :' DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
..4.~4 By. ~~
Nestor Madalengoitia
26 Marian Avenue
Poughkeepsie, NY 12601
WITNESSES:
ARTIST:
NESTOR MADALENGOITIA
~ ?U-GA-~~~
MONROE COUNTY ATTORNEY
PROVED AS T RM:
0' .;;,..
. N . -'
,~ ro LL
'- o.
, :lC
c:: ex:
0'"1 .-
N I
L1-. '-~h.l
c_~ (;!) :.';;:<30
::::>
l.~",L "'" ...:: 0::::
.., ...~~. .~
= Cl 0
= :c
.....
From: Karla Jerry AAI AU MBA At: Ralph V. Ellis, Inc. (kjerry@ralphvellisinc.com) FaxlO: To: Ann Riger
Date: 6/1112008 04:00 PM Page: 2 of 3
ACORD'M CERTIFICATE OF LIABILITY INSURANCE I DATE /MMIDDNVYYl
06111/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LoVullo Associates, Inco ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
6450 Transit Rd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Depew NY 14043
INSURERS AFFORDING COVERAGE NAlC#
INSURED Nestor M Madalengoltla INSIIRFR A RLIINSURANCE COMPANY 13056
26 Marlon Avenue II\JSURER B
Poughkeepsie, NY 12601 INSUI-<l:::1-< C
INSURER D
I INSURCR C
COVERAGES
TIiE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIiE 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 lI'J?ooL POUCY NUMBER P8l-+i:':~~':88;r)~F Pg~fl(~~~t~N LIMITS
LTR NSRD TYPE 0 F INSURANCE
A GENERAL LIABILITY BOP1005411 OS/22/2008 OS/22/2009 EACH OCCURRENCE , 1,000,000
X COMMERCIAL GENERAL LIABILITY R~~~fb~l9E~~~J~~nce' , 50,000
I CL/\IMS MI\OE ~ OCCUR MED EXP (Anyone pcrson) , 5,000
X Business Per Prop $5,200 PCRSONAl & ADV INJURY ,
X Add Ins & Terrorism GFNFRAI AGGRFGATF , 1,000,000
41'~ AGC.REAEjLlMfT APF~.~.~tIPER PRODII'~TS" COMPfOP AGG $
!-'OLlLY Pf,.0-F LUC
~OMoeILE LIABILITY I=acllltles Develo ment COMBINED SINGLE LIMIT .
>-- ANY AUTO (Ca<lccident)
>-- ALL OW~"ED AUTOS JUN 11 20 B BODILY INJURY
{Perpi?rson) ,
>-- SCHEDULED AUTOS
>-- HII-<i;:!JAUI us IIIV1E: ~ BODIL Y INJUR Y
RECEIVED eY:._~ (f">erfJccident) ,
>-- NON-OWNED AUTOS
>-- PROPERTY DAMAGE ,
(PHI ",:ci,I,,,,I)
RAGE LIABILITY AUTQ ONL Y - EAACCIDENT .
ANY AUIO OTHER THNJ ~ACC .
AUTO O~JL Y AGG ,
OESSIUMBRELLA LiABILITY ~,~ ." EACH OCCURRENCE .
OCCUR D CLAIMS MADE .. AGGREGATE $
'. ,... ;-D~
$
.. --.-~
~ DEDUCTIBLE , :... ,
RETENTION I ..::>! rr .'- I
WORKERS COMPENSATION AND '" I T~~$'T~T,Y~ I IDJ~'
EMPLOYERS. LIABILITY ,- .-
^~N PROPRIETORIPARHJERIEXECUTIVE EL EACH ACCIDE~IT ,
O,r-leER/MEMBER E-'(CLUDED? l:::LLJI:::il:::ASI::. l:::A l:::MI-'LUI'l:::l::: ,
~~~~I,1!$~~bciv~~13NS below E.L DISEASE POLICY LIMIT ,
OnE"
OESCRIPTION OF OPERATIONS I LOCATIONSl VEHICLES I EXCL.USIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Board 01 County Commissioners Is an Additional Insured
CERTIFICATE HOLDER
CANC ELLA TlON
SHOULD ANY OF THE ABOVE DESCRIBED POliCIES BE CANCELLED BEFORE THE EXPIRATlON
DATE TI-lEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
-
Board 01 County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L!;,FT, BUT FAILURE TO DO SO SHALL
AUn Ann Rlger IMPOSE NO OBLIGATION OR L.IABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Facilities Development
1100 Simonton St #2-216 REPRESENTATIVES.
Key Wesl, FL 33040 AlJrHOR1ZED REPRESENTATIVE ~Jj~
,
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
Date:
~Ih'lfo'?
Monroe County Art In Public Places
REQUEST FOR PROPOSALS
Application Cover Sheet
Applicant Contact Information:
Name:
)...U::;'.:),O!L
^^A()f)./~JJ('JQ/fIA
Address: 1...(" 1M A fL I t>.-rJ
Phone{s}' <{'/S- - l./ 73 - 8, '!?'I
E-Mail: VI (<l-o/",M" j Ii! ",.H-.r1 e (-
Website: ),. H( II ",{\Wm", J .!. OMe. , IJf b fie t-
Total Budget/Cost: ~ I 2-, <;'"~
Total Number of Art Pieces included in proposal: /
AJI~ -
CR.-Oc
?OU""~ ,,-,<t i'.>/G"
/'l'-( I '!-"""/
IN \- -- 5l/b -- 1'-1& r
Monroe Counly
~OCl/ltle. Development
JUN 1 6 200B
(IME;
~ECEIVED 8Y,
Please briefly describe the following if applicable; if not applicable Indicate with N/ A.
Special lighting required: 11 I",
Ot.her spedal requirements: YI I '"
Type/amount of project access desired:
(Jolt(S; -W-
l/r J}", II" h-d,;,
Installation time required:
'1,- ~ deL'1 j
Maintenance requirements:
YJ/",
Artist maintains a $300,000 liability Insurance policy: & No If no, please explain.
Please check the following Items to Indicate they are attached:
g/ Written proposal.
r!f'Itemlzed budget.
ra/ Concept drawings; 2 pages maximum (8.5" x 11") including color sketch .Q[ digital rendition.
Digital images PDF or lPG not exceeding 75dpi - 5 images maximum.
~ If 3-dlmenslonal art proposal, one small model.
Note: Support materials will Illl1 be retumed to the applicant without prior pre-paid shipplng_
SIgnature confirmIng that aI/Information provided for this application is true and correct.
--c .
~st~~
N.E~n.i#!
1'1
1!7'T/.2~/08'
Date
Type or print name
Nestor Madalengoitia
26 Marian Ave' Poughkeepsie NY 12601
(845) 473-8185
nestonnad@att.net
http://nestonnad.home.att.net
Proposal
Big Pine Key Park & Community Center
Imalle Description and Proposal
I propose a wall mural for the Second Floor Meeting Room in the Big Pine Key Community
Center.
The mural will reflect on the use of the community center in the waterfront park, and depict
underwater and recreation scenes that may take place in the area. Activities such as basketball,
baseball, skating, fishing and sailing are depicted in the mural. The background consists offish
and coral, the blue clouds in the background are in the shape of Big Pine Key. In the picture,
people are enjoying the precise interaction offish, coral and the community, to give the picture a
sense of unity. I use the underwater scene to give another sense of community _ and then to
reflect this in the people talking, walking and doing sports together.
The enclosed sketch shows my proposal for the space. As this is just a sketch, I would be
happy to work with county personnel and arts committee members to make revisions, if
necessary for the final piece.
I propose that the mural fill a large area of the wall - it will run the length of the 22' wall, with a
height that ranges from 6' to 9' at the center. The piece will be bright and colorful, and will have
an impact on people as the enter and use the area.
The mural would be created with acrylic on canvas in my studio, and installed directly on the
wall upon completion. It will then be coated with a varnish, which will protect it and allow it to
be cleaned easily with mild soap and water.
With this mural, I hope to embody the natural beauty of the area and the recreation of the
community, and create a work that will highlight the space in the new center.
n -??t. - '/J-:> ~ .
Nestor Madalengoitia
Big Pine Key Park & Community Center
Budget
a) Artist's Fee:
b) Materials:
c) Fabrication Fee/Assistant(s) Fee:
d) Travel/lodging for installation:
e) Installation:
f) Studio and Operation costs:
g) Insurance:
h) Photographic Documentation:
$ 4.000
1.000
4.400
750
800
1.200
200
150
Total:
$ 12.500
-?--'t
~-~~
<i
f-
a
'-s'
1.
W
J
4
f.l
if <l
~
:2
l
J
-, ~
.
.~ ~
- ....f
~ . ~
-.
~ ...
"""
".~
...
'<1 -.
. l'
. ~
0
0
.J
!L
Il
.' <
3
111
V'I
,':-'
,~;; "all"'-
1 .....
--
"
, r""
/"
....
.
.~_.
'.
.r-
~
...~-~.'
Iy..."'
L
.
tt,....'.~
,-.."
-"'!
'.....<t
.
,
",..",.
.
""
.
,.'
..
/:-r
.......
,
...,,-
.
,
f'
),
',.,j.
AUG-26-2008 01:38 PM
8454738185
P~01
1818 Edlllon
MONROE COUNTY, FLORIDA
Requeat For Welver
of
In.urance Requll'8ment8
It II reqUBlted that the Insurance requlremenlll, .. speclfted In the County's Schedule of Inlurence
Requlremsnts, be weived or modified on the following contrlct:
Contractor:
NJ ,"r
M~ c:l o.lt"'a.' 1.'e:..
Contract for:
Addms of Contrlictor:
,. G::> Mf/\(IIO'o'" 14Jt4.
~^~i,...lA\c.,.. h\.," f-J'*-f '1 J-t
\. I
Phone:
Scope of Work:
~I.{)-I..{B- ,.,gor-
Mvr~ I
Reallon for W.iver:
S",\-c.
I
I
~rl-t.j../_
1'\'"
~V\I"\nl~1 ~~~
I ,
Signature of Contractor:
W.:vlt..A. ~.
~~--~~
Approved ~ Q
~~::~ C{-d7
Policies Weiver
will apply Ie:
Not Approved
Risk Manllgement:
Date:
County Admlnletrator appeal:
Approved
Not Approved
01111:
Board of County CommlBlllonera appeal:
Approved
Not Approved
MeeUnll Oal8:
Aclmlnlalnlllve lnotructlon
.....,"'" "
WAlV,.REQ.DOC