02/18/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 25, 2009
TO:
Jerry Barnett,
Director of Facilities Development
FROM:
Ann Riger
Pamela G. Hanc~.
A TTN:
At the February 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/A ward Agreement for Art in Public Places to Kim & Ian Workman d/b/a Kimian's Art II,
for artwork at the Key West International Airport.
A ward Agreement for Art in Public Places to Elena Ortega d/b/a Artsy Studio, for
artwork at the Key West International Airport.
Enclosed is a copy 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
File..!
Monroe County Art in Public Places Award A2reement
This AGREEMENT dated the 18: day of Febru~J'~009, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter '~County", and KIM & IAN WORKMAN D/B/A KIMIAN'S ART 11, INC.,
hereinafter "Artist",
EIN # 32-0080363
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 January 28, 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
"Back Countryt, - 6 feet tall and 9 feet wide - 3-dimensional fish rubbing
depicting fishes inhabiting the shallow Gulf of Mexico waters. Fish rubbings on
handmade paper made into a collage and adhered to 1 %,t deep canvas panels of varied
lengths and widths. The canvas panels will be attached to each other to create a
multilevel base fitted to the 42" center indention and extending out 33" to either side.
A rtwork will be on the wall above the drinking fountains.
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 cohesivenesMmroe County
Facilities Development
liME: __
RECEIVED BY:
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 510,200.00 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:
2) Materials:
33.30/0 of total payment;
33.3% of tot a! 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) ComDletion:
Eligible costs and expenditures for the Droiect 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. Pennits and fees necessary for the installation (applicable for exterior projects
which also require HARe 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.
II. 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 F onn 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 he given to either party under his
agreement or related hereto shall be addressed and delivered as follows:
For Artist
For County:
Kim & Ian Workman
22746 Privateer Drive
Cudjoe Key, FL 33042
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
d~iandyear first above written.
\. \
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
B~
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:A".~. >n~,e.<r-
Mayor/Chairman
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MONROE COUNTY ATTORNEY
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ARTIST:
KIM WORKMAN
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Art In Public Places
Key West International Airport - Art Proposal for Four Targeted Spaces
Space Number
(9/19/08 Update)
No.3. Wall above
ticket counter
No.4. Walls between
windows
No.8. Wall above
security exit area
No.9. Wall above
drinking fountains
Art Description
Tide: Waters of the Florida Keys (six pieces I each 7 ft. tall
and 9 ft. wide). Deseription: Six fish robbing wall
hangings depicting fish life in the waters aroWld the Florida
Keys (fish species selection dependent on availability).
Each wall hanging will be made with fish rubbings on
handmade paper adhered to a canvas back. Custom frame
molding will be attached to the top and bottom of each
hanging.
Title: Fishes of the Florida Keys (six pieces / each 45 in.
tall and 35 in. wide outside frame measurement).
Description: Six fish rubbings on handmade paper
depicting fishes of the Florida Keys (fish species selection
dependent on availability). Each piece will be double
matted and custom framed with decorative molding and a
Plexiglas front.
Title: Swimming in a Gulf Stream (one piece 5 ft. tall and
12 ft. wide). Description: 3-dimensional wave fish rubbing
depicting fishes inhabiting the Gulf Stream waters off the
Florida Keys (fish species selection dependent on
availability). Fish rubbings on handmade paper adhered to
a % in. deep corrugated back.
Title: Back COWltry (one piece 6 ft. tall and 9 ft. wide).
Description: 3-dimensional fish rubbing depicting fishes
inhabiting the shallow Gulf of Mexico waters on the north
side of the lower Florida Keys (fish species selection
dependent on availability). Fish rubbings on handmade
paper made into a collage and adhered to 1 ~ in. deep
canvas panels of varied lengths and widths. The canvas
panels will be attached to each other to create a multilevel
base fitted to the 42 in. center indention and extending out
33 in. to either side.
Art In Public Places
Key West International Airport - Proposed Budget for Art
in Four Targeted Spaces
1. Space no. 3. Title: Waters of the Florida Keys
a. Artwork - six 7 ft x 9 ft pieces @ $10,000.00 ea $60,000.00
(includes artist fees and fabrication)
b. Insurance ($300 K liability for one year) $975.00
c. Installation (lift rental) $225.00
Total $61,200.00
2. Space no. 4. Title: Fishes of the Florida Keys
a. Artwork - six 45 in x 35 in pieces @ $1,200.00 ea. $7,200.00
(includes artist fees and fabrication)
b. Insurance ($300 K liability for one year) $975.00
Total $8,175.00
3. Space no. 8. Title: Swimming in a Gulf Stream
8. Artwork - one 5 ft x 12 ft piece @ $9,000.00 $9,000.00
(includes artist fees and fabrication)
b. Insurance ($300 K liability for one year) $975.00
c. Installation (lift rental) $225.00
Total $10,200.00
4. Space no. 9. Title: Back Country
a. Artwork - one 6 ft x 9 ft multi-panel piece @ $9,000.00
(includes artist fees and fabrication)
b. Insurance ($300 K liability for one year)
c. Installation (lift rental)
$9,000.00
$975.00
$225.00
Total $10,200.00
Note: Each space was budgeted separately. Ifmultiple spaces are awarded, insurance
and installation costs would be at a single space cost.
... Monroe County
!l'oeil/ties Develop
TIME:
RECENED BY:
Revised Proposal
For Monroe County Art In Public Places
Proposed by: Kim & Ian Workman (Kimian)
22746 Privateer Dr.
Cudjoe Key, FL 33042
Phone: 305/745-8336 or 305/304-1270
Proposal for: Monroe County Art In Public Places
Target Space #9
Key West International Airport
Title: Back Country
Description: 6 ft. tall by 9 ft. wide, 3-dimensional fish rubbing including
fish species found in the shallow Gulf of Mexico waters on the north side of
the lower Florida Keys. The base of the piece will be made up of nine to ten
1 ~ in. deep, canvas panel of varied lengths and widths. The canvas panels
will be attached to each other to create a multilevel base fitted to the 5 8 ~ in.
center indention and extending out 24 5/8 in. to either side. The fish
rubbings (made on handmade archival papers) will be made into a collage
and adhered to the panels with acid free wheat paste. Final steps in the
preparation and completion of the art piece will include an application of
Preserve It and a sealing coat of gloss medium varnish to make it waterproof
and provide UV protection.
Costs: Artwork (one 6 ft X 9 ft 3-dimensional piece)
Insurance ($300 K liability for one year)
Installation (lift rental)
$9,000.00
$975.00
$225.00
Total
$10,200.00
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ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 JW I DATE (MMfDDIYYYY)
WORKKI2 01/30/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Southernmost Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1010 Kennedy Drive, suite 300 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Key West FL 33040-4133
Phone: 305-296-5052 Fax: 305-293-0629 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Century Surety Company
INSURER B:
Kim & Ian K Workman INSURER C:
22746 Privateer Drive INSURER 0:
Cudjoe Key FL 33042-4206 INSURER E:
COVERAGES
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.
I'~~~ ~~~~ TYPE OF INSURANCE POLICY NUMBER ~l'~~riM1DDiyyr fi'oATltnwMfDDrfYl' LIMITS
GENERAL LIABIUTY EACH OCCURRENCE $ 500,000
I--
A ~ COMMERCIAL GENERAL LIABILITY 0440510D BINDER 01/30/09 01/30/10 p~~~s YE:~~~ce) $100,000
I CLAIMS MADE D OCCUR MED EXP (My one peraon) $ 5,000
PERSONAL & ADV INJURY S 500,000
I--
i-- GENERAL AGGREGATE S 500,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG sincluded
n n PRO- nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
i-- S
ANY AUTO (Ee accident)
i--
ALL OWNED AUTOS BODILY INJURY
I-- S
SCHEDULED AUTOS (Per person)
I--
HIRED AUTOS BODILY INJURY
~ $
NON-DWNED AUTOS (Per accident)
-
-- PROPERTY DAMAGE $
(Per accident)
GARAGE UABILITY AUTO ONLY - EA ACCIDENT $
=j ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG S
EXCESS/UMBRELLA LIABILITY ,r~_( ~ EACH OCCURRENCE $
~ OCCUR D CLAIMS MADE AGGREGATE $
$
, ~
=j DEDUCTIBLE , I)" y~01 S
RETENTION $ , -" $
WORKERS COMPENSAnON AND V "l- I ITb'~Y:S~I~WS I jUert
EMPLOYERS' LIABILITY
ANY PROPRIETORfPARTNERfEXECUTIVE E.L. EACH ACCIDENT $
OFFICERfMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~~~~~t~~V~~NS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRlPnoN OF OPERA nONS f LOCATIONS f VEHICLES f EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER IS ADDITIONAL INSURED
CERTIFICATE HOLDER
CANCELLATION
MONRORI
Monroe County Board of
County Commissioners
Maria Slavic
1100 S~onton Street, Ste 268
Key West FL 33040
ACORD 25 (2001/08)
MONROE COUNTY, FLORIDA
Request For Waive,
of
Insurance Requirements
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: Kiln fTq i? ~ IY1 aM
Contract for:
M ~il f1.1J1c.. e)Qres lKA,Il)e5+J(ff; ~
?-J.7i<<< Prlva.teev/py- .
(lAJ.1"e 1(E'fj,!:L. 3~642.
Address of Contractor:
Phone:
3tl<:)- 7tf~-g-33G H-rn - cptl 36<-304,I:J..JO
~ df?~n~j..-,)~ al:+ {')h CqnlloS -f/Jt: SfJl.7JCEJ
~ q ~:5 J () J~ (4.t.ed_ll\ Or'-'pA<:;4).
I
Scope of Work:
Reason for Waiver:
JP$<.l f~ah ~ t>lZ1flbY feS
X,rn, +-TQ'1 fI\)HI/MDY)
Policies Waiver
wilt apply to:
S~reofContractor: rA!;J~
Ap ved
(~-,.f tL,~ ~Afl'~
Risk Management:
Date:
County Administrator appeal:
Not ApProved
Approved
Not ApProved
Date:
Board of County Commissioners appeal:
Approved
Not Approved