Item C27BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2014 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: Project Management
Staff Contact Person/Phone #: Da vid R. Hill X4616
AGENDA ITEM WORDING: Approval of a contract with Maureen Melville for artwork at the
newly renovated Conch Key Fire Station through the Art in Public Places Program. This contract is
funded by the one cent infrastructure revenue bond.
ITEM BACKGROUND: On October 8, 2013, the Art in Public Places Committee opened bids for
artwork at the Conch Key Fire Station. Maureen Melville's artwork was awarded the most points out
of three artists who submitted proposals. Points were awarded on certain selection criteria such as
quality, endurance, site compatibility, character & environment of the Florida Keys, and local
residency.
PREVIOUS RELEVANT BOCC ACTION: Ordinance #022 -2001 establishes funding of art in new
public construction and major renovations projects. 1% of the construction costs for County
construction, except for any sewage treatment plant, shall be set aside for the acquisition, commission,
installation and maintenance or works of art in said buildings. This appropriation shall apply only to
new construction exceeding $500,000 or renovations exceeding $100,000 in cost.
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $14,000.00 INDIRECT COST: ' BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY $14,000.00 SOURCE OF FUNDS: Fund 308
REVENUE PRODUCING: Yes ` No AMOUNT PER MONTH Year
APPROVED BY: County Atty le OMB/Purchasing Risk Man gement �
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SUgi — w RY
Contract with: MwXeen Melville Contract #
Effective Date:
Expiration Date:
01/16/14
Contract Purpose/Description:
Artwork thru the Arts in Public Places Program for the Conch Key Fire Station
Contract Manager: Ann R!Zff X4439 Ned Mot/Stop ail
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 01/16114 Agenda Deadline: 01/30/13
Total Dollar Value of Contract: $ $14,000.00 Current Year Portion: $ $14,000.00
Budgeted? Yes® No ❑ Aw unt Codes: i i006 ice- 41
Grant: s
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For
(Not ira€ludrd in dollar value above) tPo. mainroinan.. ntiI Is "Imr ®' vft1a ,.
Division Director
r
County Attorney
Comments:
MLA t {m
� M
NOW, THEREFORE. in consideration of the mutual covenants and paymenb
contained herein, the patties have entered into this apwnent on tits terms and conditions
as set forth below.
1. AGREEMENT PERIOD: This agmement is for a period of ninety (90) days after -
notice to proceed to execute and complete their work.
remain in effect for the stated period unless out 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 A1PP funds are to be expended must be
completed by the stated termination date.
2. SCOPE OF AGREEMENT: The Artist shall provide
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who" was 12 ft x *JL
Artist Shall confer with and coordinate activities with the Deputy Chief, Clary
Boswell on the ,fob in order to ins= that awe is as much cooperation and
cohesiveness in the inc bat of the art into the building so that there shall be
the least arnotnit of interference betwem the Artist and the Fire Rescue Personnel.
Art in Public Places — Conch Key Fire Station
1) pad= bwo 33.39'0 oftotal payment;
2) Materials: 333% of total when Artist submits r+eeelpts for materiRts and
eligible costs equal to or greata than 33.3% of the contract total.
Travel expenses are Included in this phase and be paid in
accordance to Florida State StaUft 112.061, or as described in 2) a
below:
2) a Travel: An travel expenses shall be reported on a State of Florida Voucher
for R e i m b utsMU M of Travel Expenns. If Artist has airfare, the
,a or equ ivska, must be allwAod to the
V ou d w. If Artist is in vehicle, mileage must be reported on the
Voucher. Mileage is reimbursable at "5 cents per mile. Meals
are to be reported as follows: Breakfast — when travel begins
before 6 amt. and extends beyond 3 aan. for S6.00; Lunch — when
travel begins before 12 noon and extends beyond 2 p.m. for
$11.00; and Dinner — when travel begins before 6 p.m. and extends
beyond 8 p.m. for $19.00.
A State of Florida Voucher for Reimburement of Travel Expenses
is attached and made part of this contract
3) Completion: 33.3% final payment due when installation is deemed complete
and contractual agreement specifications are verified by the
Monroe County Project Management Department or designee.
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 (see above
paragraph 3, item 2) a)
E. Transportation of the work to the site (see above paragraph 3, item 2) a.)
F. lnatalletion to the site
0. permits and fees necessary for the installation (applicable for exterior projects
which also ngrrire HARC review)
H. Legal costs directly related to due project
I. Liability costs of artist
2
Art in Public Places — Conch Key Fire Station
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
, zymant 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
agreemennt 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 breech 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 HARMLESSANDEMNIFICATION: The Artist hereby agrees to
indemnify and hold harmless the HOCC 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
Art in Public Places — Conch Key Fire Station
C oun t y of any suit, claim or action made against the County that is related to the
a ctivity under this nt, and will coolwate with the County in the
investigattion arising as a result of any suit, action, or claim related to this
agreement.
10. AN'T'I -DIS INA6TION: no Artist agrees that they will not disciminft
Vaj ost any of their employm or applicants for employment or against Persons
for any benefit or service because of their me, color, religion, sex, national
origin, or physical or mental handicap where the handicap does not affect dw
ability of an individual to perform in a position of employmat, and to abide by
all federal, and state laws regarding non-discrimination.
4
Art in Public Places — Conch Key Fire Station
15. CONSENT TO JURISDICTION: This agreement, its perfomnanm 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 Online= No. 10-1990. For breach or
violation of the provision the County stray, at its discretion terminate this
agreement without liability and may also, at its dismvdon, deduct from the
agreement or purchase pace, or otherwise recover, the foil smount of any fee,
commission, percentage, girl, 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 _ 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
team of real property to public entity, way not be awarded or perform as a
contractor, suupp0er, sub-contractor, or consultant under an agreemart with any
public entity, and may not uurmat business with any ; public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for
period of 36 months frozen tho 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 tha 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 sat forth in this agreement.
At all times during the term of the agreement and for one year after acceptance of
the project, rmiess the requirement is waived by the Monroe Canary Risk
Manager, Artist shall maintain on file with the County a certificate of the
insurance of the tamers 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.
Ant in Public Places — Conch Key Fire Station
Acceptance and/or approval of Artist's insurance shell 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 liom these Ocncnd Insurance Requirements must be requested in
writing on the County fora titled "Request for Waiver of Insurance
Requirements" and must be approved by Monroe County Risk Management. The
following coverages shalt 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 Occunwce Form policy is prefx"d. If coverage is provided on e
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 wbich 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 shell be addressed and delivered as follows:
For Aid
Maureen Melville
1909 Massachusetts Avenue
For Counht:
Florida Keys Council of the Arts
1100 Simonton Street
Art in Public Places — Conch Key Fire Station
McLean, Virginia 22101
BOARD OF COUNTY COMMISSIO
OF MONROE COUNTY, FLORIDA
IN WITNESS WHEREOF, the parties hereto have caused this agteoment to be executed the
day and year first above written.
(SEAL)
ATTEST: AMY HEAVIL N. CPA, CLERK
Depuly Clerk
sa
By:
Key West. FL 33040
and
County Attorney
P.O. Box 1026
Key West, FL 33041 -1026
Mayor/Chdrum
on this 2-4 +3 y of i }r w , baroee M. the undersianad notary pubue
personally to me to be the parson whose newt is subae 2W
above or wio p j a idmtiGcakm, and aekuowW@cd that hil is the
parson who executed the above contract with Momma Cowry for the artwork at the CONCH KEY FIRE
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-19"
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Comfy)
" . warrants that he/it has not employed, retained or otherwise had act on hisrts
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010 -1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in 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 er County oltcer or
employee ".
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STATE OF: 1) 1 Dili LJ Qk—
COUNTY
Subscribed and sworn to (or affirmed) before me on ac}IutLe .2`1t A 2 1 C1 1 2-1
(daft)by t 9c, —i !djJ
personally known to me or has produced f to
as identification. (type of identification)
M Ionia EM:1 30.2018
DRUGW4M WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.0137 hwaby certifies
that
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1. Publish a slafsnrent notifying employees that On unlawful manufacture, distribution,
dispensing, possession, or use of a controled substance is p mNbked in the workplace
and spsaRying the actions that will be taken against employees for vkMdlons of such
prohibition.
2. Inform employees about the dampers of drug abuse in the workplace, the business's
policy of maintaining a dWfree workplace, any availabts drug counseling, rehobilltation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations
3. Give aafi employee srpsgsd in providing the commodities or contractual services
that are under bid a copy of the stMement specified in subsection (1).
. in the statement specftd In subsection (1), notify the employees as a condition
of working on the commociffles or contractual services that we under bid, the employee
will ablle by the terms of the will notify ft employer at any conviction of,
or plea of guilty or nolo contendere to, any violation of Ch (Florida ) or
of any controlled substance low of the United es or any ateW, for a vldarrtion
occurring in Vm workplace no later Um five (8) dW& aW such conviction.
S. Impose a swmftn on, or require the satisfactory pwppsdon in a drug abuse
assistance or rehabVistion program If such is available in the employee's community, or
any employee who is so
tf. Maim a good faith effort to continue to maintain a drug.tree workplace through
Implementation of this section.
An the person authorised to sign the stafsrrrerrt, I certify that thlo firm complies tally with
the above requirements.
NON. COLLUSION AFFIDAVIT
to law on F - . oaft and : pawty of pm depow an d say tha
STATE OF: V 1 I.J l?f77
COUNTY t3: �-
PERSONALLY APPEARED BEFORE ME, the undemiPcd authority, It-ta
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Travel Ordinance (017 -2008)
Breakfast — when travel begins before 6 A.M. and extends beyond 8 A.M.
Lunch — when travel begins before 12 noon and extends beyond 2 P.M.
Dinner — when travel begins before 6 P.M. and extends beyond 8 P.M. or
Breakfast $ 6.00
Lunch $11.00
Dinner $19.00
Class A travel — continuous travel of 24 hours or more away from official
headquarters.
Class B travel — continuous travel of less than 24 hours which involves overnight
absence from official headquarters.
Class C travel — travel for short or day trips where the traveler is not away from
his or her official headquarters overnight.
Mileage Ordinance (028 -2006)
Mileage - .445 cents per mile