Item C28
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~RY
Meeting Date: August 15,2007
Division: Engineering
Bulk Item: Yes -X-
No
Department: Facilities Development
Staff Contact PersonlPhone #: Jerry Barnett X4416
AGENDA ITEM WORDING: Approval to enter into an Art in Public Places Award Agreement with
Nestor Madalengoitia for the renovation of the Tavernier Fire Station.
ITEM BACKGROUND: On June 25, 2007 the Art in Public Places Committee approved the
proposal from Nestor Madalengoitia to provide a painted mural depicting the history of the Tavernier
Fire Department in an amount of $9,000.00.
PREVIOUS RELEVANT BOCC ACTION: On May 16,2001 the BOCC adopted Ordinance No.
022-2001 with the intent to enrich culturally and benefit the citizens of this County through the
establishment of art in public places, one percent of construction costs for County construction, set
aside for the acquisition, commission, installation, and maintenance of works of art in public buildings.
CONTRACVAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $9,000.00
BUDGETED: Yes -X.. No
COST TO COUNTY: $9,000.00
SOURCE OF FUNDS:
Fund 304
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH_ Year
-:J/
APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management _
DOCUMENTA TION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
, ,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Nestor Madalengoitia
Contract #_
Effective Date:
Expiration Date:
July 18, 2007
TBD
of
Contract Manager:
Ann Riger
(Name)
~J/~Ot)
o
X4439
(Ext,)
Facilities Devel/Sto #1
(Department/Stop #)
for BOCC meetin on
enda Deadline: 07/03/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 9,000.00
Budgeted? Yesrg] No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 3,000,00
304-26000-560620-CP0608-530310
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ADDITIONAL COSTS
Estimated Ongoing Costs: $----.Jyr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Division Director ~.Cj v V
Risk Mana~me?{ ~)
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YesD-N~
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OMB Form Revised 2/27/01 MCP #2
Monroe County Art in Public Places Award ~
,5~ flUbusJ
This AGREEMENT dated the}lt' day of JaIy 2007, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
HEREINAFTER "County", and NESTORMADALENGOITIA hereinafter "Artist,"
SSAC # 051-72-0866
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC g2-
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 establishes 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 Tavernier
Fire Station No. 22
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the parties have entered into this agreement on the terms and ~ditions
as set forth below. J ,J W
g IS'IO/']
1. AGREEMENT PERIOD. This agreement if for the period -dilly 18, 2007, 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 painted mural depicting the history of the Tavernier Fire Department,
consisting of 4 panels, each approximately 3' x 4', to be hung together or separately
in the entryway to the station, or elsewhere within the building as space allows.
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 amount of interference between the Artist and the Contractor,
3, AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed $9,000.00 for materials and services used to create and install the
1
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: 33.3% of total payment;
2. Materials: 33,3% of total when artists submits receipts for
materials and eligible costs equal to or greater than 33 .3% of the contract
total; and
3, Completion: 33.3% final payment due when installation is
deemed complete and contractual agreement specifications are verified by
the Monroe County Facilities Development Department,
Eligible costs and expenditures for the project and the total award include. but are not
limited to:
A Artists design fee
B. Labor, materials, contracted services required for production and
installation
C. Artists 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 invoice and documentation necessary to
support the completion of the work. Artist shall also provide release of liens if
applicable,
Final payment requests must be submitted no later than 60 days after the completion of
project,
4, OWNERSmP 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 agents and representatives of said government
bodies. The Artist understands that it shall be responsible for repayment of any and alltaudit 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.
2
6, MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by 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
tenninate this agreement immediately upon delivery of written notice of tennination to
the Artist,
Licensing and Permits, Contractor warrants that it 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.
9. HOLD HARMLESSIINDEMNIFICATION. The Artist hereby agrees to
indemnify and hold harmless the BOCC, Florida Keys Council of the Arts, AIPP
Committee and any of its 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-DISCR1MINATION, 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 of violation of this warranty, the County shall have
3
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, ETIllCS 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 or 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
4
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 that they 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 time 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 of litigation brought against the Artist for such injuries to persons or damage to
property 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 this
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 insurance of the carriers showing that the aforesaid insurance
policy is in effect. All insurance policies must specify that they are not subject to
cancellation, non-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 Insured" 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 Statues,
2, General Liability Insurance, Coverage shall be maintained through out the
life of the contract and include, as a minimum:
. Premises Operations
. Projects 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
5
$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 this agreement or
related hereto shall be addressed and delivered as follows:
For Artist
For County
Nestor Madalengiotia
26 Marian Avenue
Poughkeepsie, NY 12601
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
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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This Agreement is entered into as of the day and year first written above and is executed
in at least four original copies of which one is to be delivered to the Artist, one to
Facilities Development for use in the administration of the Contract, and the remainder to
the Owner,
Execution by the Artist must be by a person with authority to bind the entity,
Signature of the penon executing the document must be notarized and witnessed by
another officer of the entity, or by two other witnesses.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
(Seal) ARTIST:
!
Attest: NESTOR MADALENGOITIA
By: BY:~~~~
Print Name: Print Name: i\lf-H.,)~ )/lAOAl G"r'Go\ r. '"
Title: Title: ~t (I ~ 1
Date: Date: <tit I.:> )
Or:
Witness 1: W1~ Date: ~ II / <:>/
Print Name: ~vtf jlI\AoA lfN~\'--ll\
Witness 2:~S '--/ ~ ~~ 1~ Date:
Print Name: f.U l 1ft ~e-7\'" .Jo..\..'-( ~
STATEOFFbQ!OO^ NEW '10 ~
COUNTY OF ~/C!lC>i
On this I day of /1..- ~ v ~< 200 ~ before me, the undersigned notary public,
personally appeared /V(.<;~ o-.Jo. \t':)o"\b'known to me to be the person whose name is subscnl>ed
above or l\M pretIHeed 4i3 i.4eRUtication, and acknowledged that helskt'is the
person who executed the above contract with Monroe County for the artwork at The Tavernier Fire Station
~purposes therein contained
~~C::l0~/oj II. ~ Date: ~, /!) :>
Notary Public '::::( I
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Print Name
My commission expires:
I.JlAE1lI JOSLYN
Notary ~ St8te of New.YOIk
No. 4807924, Outche6sColdV
T8IJl8lptres~31,-
MONROE COUNTY ATTORNEY
A~T~~
NTHIA L.~ALL
ASSISTANT COUNTY ATTORNEY
Date (; ~ - 0 &" - a 00 9-
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1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
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. Recognizing this potential, and acting on
the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive:
. The County as being named as an Additional Insured-If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, Risk Management has been granted the authority to waive
this provision.
and
. The Indemnification and Hold Hannless provisions
Waivina of insurance provisions could expose the County to economic loss. For this reason, every
attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is
desired, a Request for Waiver of Insurance Requirements form should be completed and submitted
for consideration with the proposal.
After consideration by Risk Management and if approved, the form will be returned, to the County
Attorney who will submit the Waiver with the other contract documents for execution 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 the Board of County Commissioners, who retains the final decision-making authority.
Administrative Instruction
#4709.3
WAIVER.DOC
1996 Edition
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: -fVes7bL (f1ftclfJ-'-~tJ (Poi Ti;lj
Contract for.
ART; Ai fcJJ);(l 'lJA::X - JfiIlt:Q./U~( IL F ~,
d~ yV) P 12 i A ,J A V€ (\JcJf..
,
POfJ 01 k~( f ~i€-I AI Y I;) &0 I
Address of Contractor:
Phone:
Scope of Work:
(
Y Reason for Waiver.
tA_/OR.K.- (,ujJ/ Alol Ar# ff:~rt:Jflm('~{) "7 'the
TA vr- f2 (\jl E., IL ~'; f-r
Policies Waiver
will apply to:
~~p~~
-
Signature of Contractor.
Approved
Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved
Not Approved
Date:
Board of County Commissioners appeal:
Approved
Not Approved
Meeting Date:
Administrative Instruction
#4709,3
WAIV_REQ.DOC