03/18/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 8, 2009
TO:
Jerry Barnett,
Director of Facilities Development
FROM:
Ann Riger
Pamela G. Hanea:.
ATTN:
At the March 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Monroe County Art in Public Places A ward Agreement
between Monroe County and Constance J. Groth d/b/a Key West Photos, for artwork at the Key
West International Airport.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: County Attorney
Finance
Filev"
Monroe County Art in Public Places Awar~nent
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This AGREEMENT dated the~ day of~'v, 2009, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County", and CONSTANCE J. GROTH D/B/A KEY WEST PHOTOS
hereinafter "Artist",
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 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
"A Walk in Old Town" - a series of six framed vertical art photographs
between windows. Framing is 36" x 50", with the images slightly smaller.
The photographs show glimpses of historic homes and associated foliage typical
of Old Town Key West. The highest quality cotton papers and the best archival
pigment inks will be used for these giclee prints, which begin as extremely high
quality, high resolution photography.
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 muount of interference between the Artist and the Contractor.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
an10unt not to exceed $16,000.00 for materials and services used to create and
install the project. The Board of County Comlnissioners aSSUlues no liability to
fund this agreelnent for an mnount in excess of this award. Monroe County's
perfonnance and obligation to pay under this agreement is contingent upon an
annual appropriation by the BOCC. Pursuant to Florida's Prompt Payn1ent 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:
33.3% of total paYlnent;
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) Completion:
Eligible costs and expenditures for the proiect 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
proj ect.
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
repaYlnent 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 COlnn1issioners for Monroe County, or their agents and representatives.
6. MODIFICATIONS AND AMENDMENTS: Any and alllnodifications of the
terms of this agreelnent shall be only mnended in writing and approved the Board
of County Comn1issioners for Monroe County.
7. lNDEPENDENT CONTRACTOR: At all tilnes and for all purposes hereunder,
the Artist is an independent contractor and not an eluployee 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 elnployees,
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 LA W: 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 froln the agreement price or consideration, the full
mnount of such con1111ission, percentage, brokerage or contingent fee.
12. TERMINATION: This agreement shall terminate pursuant to Paragraph #1.
Tennination prior thereto shall occur whenever funds cannot be obtained or
cannot be continued at a level sufficient to allow for the continuation of thi s
agreement pursuant to the tenns herein. In the event that funds catmot be
continued at a level sufficient to allow the continuation of this agreement pursuant
to the terms specified herein, this agreement may then be tenninated imlnediately
by written notice of termination delivered in person or by mail to Artist. The
County may terminate this agreelnent 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
A.rtist.
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 nlay not transact business with any public entity in excess of the
threshold atTIount provided in Section 287.017, for CATEGORY TWO for a
period of 36 lTIonths fi'om the date of being placed on the convicted vendor list.
Artist represents that Aliist is not on the Convicted Vendor list.
18. AUTHORITY: Artist WatTants that it is authorized by law to engage in the
perfolmance 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
COlTImenCement of work under this agreen1ent 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
trom 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:
,..:~~.;.l";/> <,.:IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
,,'./../' . ..' ,';'Aay "~d~Jear first above written.
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\ \~~(ic',:-,~ i ~rr:J)ANNY L. KOLHAGE CLERK
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Dep'uty Clerk
$300,000 COlnbined Single Lilnit (CSL)
If split lin1its are provided, the lTIinilTIU111 lilnits acceptable shall be:
$100,000 per Person
$300,000 per Occunence
$ 50,000 Property DmTIage
An Occunence Form policy is preferred. If coverage is provided on a
Clailns 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 IniniInuln 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:
F or Artist
F or County:
C.J. Groth
833 Elizabeth Street
Key West, FL 33040
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
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MONROE COUNTY, FLORIDA
Request For Waiver
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:
CJ GRont
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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:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
C.J. Groth
833 Elizabeth St.
Key West, FL 33040
April 2, 2009
In connection with the installation of my artwork at the new Key West Airport, I
will not hold Monroe County liable during the installation process.
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C.J. Groth