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12/13/2017 Agreement
WLIRTq O4 Kevin Madok, CPA .4 ........: Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: December 27, 2017 TO: Ann Mytnik Project Management VIA: Tammy Sweeting Executive Assistant FROM: Pamela G. HancoC. SUBJECT: December 13th BOCC Meeting Attached is a duplicate original of Item C16, Contract with Baily Cypress for public art recommended by the Art in Public Places Committee and the Florida Keys Council of the Arts in the amount of $8,800.00 at the Murray E. Nelson Government and Cultural Center, for your handling. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305-294-4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305-289-6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145 Monroe Countv Art in Public Places Award Agreement This AGREEMENT dated the 13`" day of December 2017, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County", and BAILY CYPRESS, hereinafter "Artist", WHEREAS, The Monroe County BOCC recognizes the extent of cultural resources available in the county for development, promotion, and enjoyment of the arts. It is the intent of the BOCC to enrich culturally and benefit the citizens of this county through the establishment of Art in Public Places; and WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2-233(1), 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 appropriation for artwork provided for the newly constructed Public Works building on Magnolia Street in Key Largo was transferred for use in the rear courtyard of the Murray E. Nelson Government and Cultural Center in Key Largo, Florida; and 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 a period of ninety (90) days after notice to proceed to execute and complete their work. 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: Two "mixed media medallions" of two native birds: One of the Winrdemanns Heron, and the other of a Roseate Spoonbill. Roth will be installed on two (2) separate exterior walls, composed of thousands of subcomponent elements of small clay pieces depicting their habitat, including amphibians, insects and mammals. Each medallion: will be five (5) feet in diameter and consist of bas-relief tesserae of stoneware tiles, stained glass, marble, granite, porcelain, glass and ceramic tiles. After each medallion is fired, glazed, and has a final firing, they ►vill be mounted to "kerdi-board" for installation onsite. Each medallion will be grouted and sealed following installation. Signage will be provided by the County. Artist shall confer with and coordinate activities with Monroe County Administrator/ Facilities and Parks & Beaches, in order to insure that there is as much cooperation and cohesiveness in the incorporation of the art onto the building. 3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount not to exceed Eight 'Thousand Eight )hundred and 00/100 ($8,800.00) Dollars 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: 33.3% of total payment; 2) Materials: 33.3% of total when artist submits receipts for materials and eligible costs equal to or greater than 33.3% of the contract total. Travel expenses are included in this phase and shall be paid in accordance to Florida State Statute Sec. l 12.061, or as described in 2) a below: 2) Travel: All travel expenses shall be reported on a State of Florida Voucher for Reimbursement of Travel Expenses. If Artist has airfare, the original boarding pass, or equivalent, must be attached to the Voucher. If Artist is in vehicle, mileage must be reported on the Voucher. Mileage is reimbursable at .45 cents per mile. Meals are to be reported as follows: Breakfast — when travel begins before 6 a.m. and extends beyond 8 a.m. for $6.00; 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 Reimbursement 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. Eligible costs and expenditures for the project 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 (see above . paragraph 3, item 2). E. Transportation of the work to the site (see above paragraph 3, item 2). 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 sixty (60) days after the completion of the project. 2 4. OWNERSHIP and RIGHTS: Upon the installation of the artwork, County shall own the artwork and all rights related thereto fully and completely. RECORDS: The Artist shall keep such records as are necessary to document 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. For Public Records requirements see paragraph 22 below. 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 be 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. 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, IiabiIities, 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 3 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 ninety (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 thirty-six (36) months from the date of being placed on the convicted vendor list. Artist represents that Artist is not on the Convicted Vendor list. 4 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 (1) 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 effect. All insurance policies must specify that they are not subject to 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 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 5 21. $ 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. 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 County: Baily, Cypress Florida Keys Council of the Arts 23 Snowden Road 1100 Simonton Street BalaCynwyd, PA 19004 Key West, FL 33040 and County Attorney P.O. Box 1026 Key West, -FL 33041-1026- 22. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 0 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section H 9.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. TO PROVIDE 1PUBLIC '.RECORDS RELATING TO THIS CONTRACT, PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 405, KEY WEST, FL 33040. 7 IN 1NITNES ;'-and' ear -firs' y, =A'I'TEST { Lo WITNESS: WHEREOF, the parties hereto have caused this agreement to be executed the day ibove written. FIN MADOK, CLERK Deputy Clerk Print Name DATE: I BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor hairman w U U. ARTIST: M BAILY CYPRESS 0,W z o Signature o � 0 1 �OL Print Name o DATE: 1 Jcc STATE OF PA UJ COUNTY OF t On this / c4 Lday of De «M lEcr , 2017, before me, the undersigned notary public, personally appeared Baily Cypress, known to me to be the person whose name is subscribed above or who produced ,/ S 2- SSom �— as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for the artwork at the Murray E. Nelson Government and Cultural Center, for the purposes therein contained. Notary Public Printed -Name: My Commission Ex ire : COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sean J. Mundy, Notary Public Lower Merton Twp., Montgomery Countyy my Commission Expires July 9, 2018 MEMBER. PENNS ANIA ASSOCIATION OF NOTA 4E.S - j C) C:):n n STATE OF FLORIDA TRAVELER AGENCY VOUCHER FOR REIMBURSEMENT OF TRAVEL EXPENSE Check One: OFFICER/EMPLOYEE NON-EMPLOYEEIIND. CONTRACTOR HEADQUARTERS RESIDENCE CITY Date 2014 Travel Performed From Point of Origin To Destination Purpose or Reason (Name of Conference) Hour of Departure and Hour of Return Meals for Class A & B Travel Per Diem or Actual Lodging Expenses Class C Meals Map Mileage Claimed Vicinity Mileage Claimed Other Expenses Amount Type M M M M M M M M M M M M M M Statement of Benefits to the State: (Conference or Convention) Column Total Column Total Column Total Miles Column Total SUMM TOTAL @ $0.53 per mile Revolving Fund: Check Date Check Dat Agency Voucher No. Advance: LESS ADVANCE RECEIVED $( ) Warrant Date Warrant Da Statewide Doc. No. Agency Voucher No. LESS CLASS C MEALS Only) (Officers/Employees y) $( ) NET AMOUNT DUE I hereby certify or affirm that the above expenses actually incurred by me as necessary travel expenses in the performance of my official duties; attendance at a conference or convention was directly related to official duties of the agency; any meats or lodging included In a conference or convention registration fee have been deducted from this travel claim; and that this claim is true and correct In every material matter and same conforms in every respect with the requirements of section 112.061, Florida statutes. TRAVELER'S SIGNATURE: DATE PREPARED: TITLE: Pursuant to Section 112.061 (3)(a), Florida Statutes, I hereby certify or affirm that to the best of my knowledge the above travel was on official business of the State of Florida and was performed for the purpose(s) stated above. SUPERVISOR'S SIGNATURE SUPERVISOR'S TITLE DATE APPROVED: FOR AGENCY USE: Travel Performed by Common Carrier or State Vehicle This section required to be completed only when common carrier is billed directly to the state agency. Date Ticket Number or State Vehicle Number From To Amount Name of Common Carrier or State Agency Owning Vehicle GENERAL INSTRUCTIONS Class A Travel —Continuous travel of 24 hours or more away from official headquarters. Breakfast —when travel begins before 6 A.M. and extends beyond 8 A.M. Class B travel —Continuous travel of less than 24 hours which involves overnight Lunch —when travel begins before 12 noon and extends beyond 2 P.M. absence from official headquarters. Dinner —when travel begins before 6 P.M. and extends beyond 8 P.M. or Class C travel —Travel for short or day trips where the traveler is not away from his when travel occurs during night-time hours due to special assignment. official headquarters overnight. NOTE: No allowance shall be made for meals when travel is confined to the city or town of official headquarters or immediate vicinity except assignments of official business outside the traveler's regular place of employment if travel expenses are approved and such special approval is noted on the travel voucher. Rates of Per Diem and Meals shall be those prescribed by Section 112.061, Florida Statutes. Per Diem shall be computed at one-fourth of authorized rate for each quarter of fraction thereof. Travel over a period of 24 hours or more will be calculated on the basis of 6- hour cycles, beginning at midnight; less than 24-hour travel will be calculated on the basis of 6-hour cycles, beginning at the hour of departure from official headquarters. Hour of departure and hour of return should be shown for all travel. When claiming per diem, the meal allowance columns should not be used. Claims for actual lodging at the single occupancy rate plus meal allowances should include the commercial lodging expenses in the "Per Diem or Actual Lodging Expenses" column and include the appropriate meal allowances in the "Meals for Class A & B Travel" column. Claims for meal allowances involving travel that did not require the traveler to be away from his headquarters overnight should be included in the "Class C Meals" column. Vicinity travel must appear in the separate column. When travel is by common carrier and billed directly to the traveler, the amount and description should be included in the "Other Expenses" column. A copy of the ticket or invoice should be attached to this form. If travel is by common carrier and billed directly to the State agency, then the "Travel Performed by Common Carrier or State Vehicle" section above should be completed. The name of the common carrier should be inserted in the "Map Mileage Claimed " column in these instances. Justification must be provided for use of a non -contract airline (or one offering equal or lesser rates than the contract airline) or rental car (or one having lower net rates) when contract carriers are available. Additionally, justification must be provided for use of a rental car larger than a Class "B" car. If travel is performed by the use of a State-owned vehicle, the word "State" should be inserted in the "Map Mileage Claimed" column on the reverse side of this form, and the above section designated as "Travel Performed by Common Carrier or State Vehicle" should be completed. Incidental travel expenses which may be reimbursed include: (a) reasonable taxi fare, (b) ferry fares and bridge, road, and tunnel tolls, (c) storage and -parking fees, (d) telephone and telegraph expenses, and (e) convention or conference registration fee. If meals are included in the registration fee, per diem should be reduced accordingly. Receipts should be obtained when possible. The official Department of Transportation map should be used in computing mileage claimed from point of origin to destination whenever possible. If travel is complimentary, the abbreviation "Comp." Should be inserted in the "Map Mileage Claimed" column. No mileage is allowed. When any State employee is stationed in any city or town for a period of over 30 consecutive work days, such city or town shall be deemed to be his official headquarters and he shall not be allowed per diem or subsistence after the period of 30 consecutive days has elapsed, unless extended by the approval of the agency head. If travel is to a conference or convention, the "Statement of Benefits to the State" section must be completed or a copy of the Authorization to Incur Travel Expense, Form DBF-AA-13, must be attached. Additionally, a copy of the agenda and registration receipt must be attached. Any fraudulent claim for mileage, per diem, or other travel expense is subject to prosecution as a misdemeanor. GERALD LEWIS Comptroller kevsWe Support • We Connect • We Promote a We Give FLORIDA KEYS Wn 14 Q www.keysarts.com COUNCIL OF THE August 30, 2017 Baily Cypress 23 Snowden Road BalaCynwyd, PA. 19004 610-668-2294 bailycypress@gmail.com Dear Bally, Congratulationsl Your work has been recommended for purchase and installation in the rear courtyard of the Murray E. Nelson Government & Cultural Center in Key Largo, Florida. The Monroe County Art in Public Places Committee would like to commission your proposal for: Two "mixed media medallions" of two native birds — one of the Wurdemanns Heron and the second of a Roseate Spoonbill — installed on two separate exterior walls ; further described from your proposal as "being composed of thousands of subcomponent elements of small clay pieces depicting their habitat, including amphibians, insects and mammals. Each medallion will be five (5) feet in diameter and consist of bas-relief tesserae of stoneware tiles, stained glass, marble, granite, porcelain, glass and ceramic tiles. Once each medallion is fired, glazed and has a final firing they will be mounted to "kerdi-board" for installation onsite. Following the installation — each medallion will then be grouted and sealed.(Signage will be provided by the County). Your total commission for the two pieces including installation is $8,800. To get things started, please complete the enclosed Vendor File Request Form and W-9, and send it to Ms. Ann Mytnik. She is your contact for contracts, invoicing and payment. Her address is: Ann Mytnik, Contract Administrator Facilities Development 1100 Simonton Street # 2-216 Key West, FL 33040 305-292-4439, mvtnik-ann®monroecounty-fl.gov Please provide proof of liability insurance naming the Board of Monroe County Commissioners as an additional insured. The proof of insurance or waiver must be attached to the contract before it can be approved. Ask your insurance agent to send an ORIGINAL certificate of insurance page to Ann Mytnik. Historic Gato Building • 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040 305-295-4369 a Fax 305-295-4372 • info@keysarts.com Alternatively, if you do not have insurance, or prefer to request a waiver and are willing to accept all personal liability, and expect very minimal exposure to risk, you may complete the enclosed "Request for Waiver of Insurance Requirements" and return it to Ann Mytnik with the other forms noted above. Your art budget will become official after a contract is drawn up, signed by you, approved by the County Commission (at their next meeting) and signed by the County Mayor. An executed copy will be returned to you. After this approval is acknowledged, you may submit an invoice to Ms Mytnik on behalf of the Board of Monroe County Commissioners for your first payment. Your first invoice will be for one third of the commission as your "Design Fee". You are required to include a copy of your proposal showing your plans/design and the agreed - upon price. The second invoice should include receipts for materials and an appropriate fee for labor. The third and final invoice must include photographic proof of completion. Please send all invoices to Ann Mytnik. (More specific details will be in the contract.) Please note: the Committee requests that you do not make any announcements or release any information to the Press without prior approval of the Executive Director at the Arts Council. Thank you for being a part of the Monroe County Art in Public Places Project at the Murray Nelson Center. If we can assist you with any additional questions or information, please let us know. sann D'Antonio, Chair Art in Public Paces Committee Monroe County cc: Ann Mytnik, Facilities Development: 305-292-4439 2 - Monroe County Art in Public Places REQUEST FOR PROPOSALS Application Cover Sheet Applicant Contact Information: Name: Addr Phone C r->✓ ess: Z3 Yd 12 A. t - 0 L C ,J MA4cl J. Pam- lel Z- E-Mail: z Website: Total BudgetiCost: 2 1 q 0 D Total Number of Art Pieces included in proposal: Z_ Please briefly describe the following if applicable; if not applicable indicate with NIA. Special lighting required: N It 1 Other special requirements: NI R- Typelamount of project access desired: N/ 1 - G7 �r) s+a cl t� P" S + fB5 . Installation time required: Maintenance requirements (describe annual and ongoing)): J . ICare' �` tar A4_A- r s -+ ii-it, -1-6h� P 1 `( Artist maintains a $300,000 liability insurance policy / No If no, please explain. pe-16 r Please check the following items to indicate they are attached: iz Written proposal. Gi l i J (,Vyr+�'e GO F! Itemized budget. 47 j �.s Concept drawings; 2 pages maximum including color sketch's digital rendition. Digital images PDF or JPG not exceeding 75dpi — 5 images maximum. o If 3-dimensional art proposal, one small model. Note: Support materials will not be returned to the applicant without prior pre -paid shipping. Signature confirming that all information provided for this application is true and correct. Artist or head of organization Type or print name Date 5-jtitt Y CyFvess ,/ gIz,/Zvl3- 6 Exploration of Two Waterfowl Found in Key Largo (E.T. W. F K.L.) I went to visit the site a few weeks ago, relaxed on the bench in the courtyard and let the space speak to me. The juxtaposition of the view of the water and and proximity of the government building had me thinking about native wildlife, their behavior and the role of local government in protecting these creatures and their habitat. Education can play a key role in this equation. These thoughts led me to researching two local birds which became the subjects of the piece. I like to create work that makes you pause and then invite you in for a closer look. Compositionally I gravitate towards large obvious imagery. Upon closer inspection the viewer will discover that what seems simplistic is actually composed of thousands of individual pieces and ideas. These subcomponent elements often contain unique images and textures which relate to the theme of the larger composition thereby adding a second level of dimension to the piece. Two birds native to the Florida Keys, the Wurdemanns Heron and the Roseate Spoonbill, will be depicted in two mixed media medallions located on separate exterior walls in the rear courtyard of the building. The birds themselves will be the large bold forms. The background will be composed of small clay pieces depicting the habitat, diet, and behavior of the birds. It will be a mix of bas-relief fish, amphibians, insects and mammals as well as text that is stamped into the clay. This will be augmented by stained glass and the other tesserae. The reflection of light can be a strong component of outdoor mosaics. Mirror pieces incorporated into the mosaic will be angled so that the play of light on the surface of the medallions will be constantly changing throughout the day. The medallions will be five feet in diameter. The bas-relief tesserae will be made up of hand formed stoneware tiles, stained glass, marble, granite, stainless steel, porcelain, glass and ceramic tiles. The hand formed stoneware tiles will be crafted and fired in my studio. This involves a four part process that includes forming and texturing the clay, the bisque or initial firing, glazing, and the final firing. These pieces will be fixed to Kerdi- board and then transported to the site for installation. Kerdi-board is a rigid, light -weight waterproof structural foam substrate for tiles. The Kerdi-board -11 Budget Design $3,000 Fabrication $3,000 Materials $1,487 clay body $40 glazes $345 brushes for glazing $10 stained glass $143 pistol grip glass scorer $25 Kerdi board $434 contractor trash bags $14 porcelain, ceramic, glass and or natural stone tile $265 fortified exterior thinset $27 masking tape $4 Sanded grout $32 5 galleon bucket $3 grouting sponges $10 penetrating sealer $95 Construction adhesive $20 Tapcon masonry screws $20 Installation $433 10% Contingency fee $880 Total $8,800 f IUL� 4 tt J 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: ` a 1 1 ',( rl p �1� C. S & S a I (. � L, L— L Contract for: W ()o v(Le, Address of Contractor: 7 3 B (L Phone: Scope of Work: Reason for Waiver. Policies Waiver will apply to: Signature of Contractor: Risk Management: Date: County Administrator appeal: Date: y�uvtC�-y ✓t �0 j�Gr . 1 C1 0 U --39 zg J P/1i1 I �• C� / r'iyt.�C�3LC� 'liL') !� <S-�'�f_rG �2� �.' G��J l � G�}'L S Lo 6,1 l Gtt- s G G t" P:L. , Approved Board of County Commissioners appeal: Approved Meeting Date: Not Approved Not Approved Administrative Instruction #4709.3 WAIV REQ.DOC BAILCYP-01 CJGRZYWACZ AC�R CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIY" `�* I 11M412017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER CT (A/C No Ext): 800 207-4222 a No : 610 687-0950 Babb P&C, Ltd 480 E. Swedesford Road Wayne, PA 19087 . IN URE S AFFORDING COVERAGE NAICq INSURERA:TWin Cily Fire Insurance Company 29459 INSURED INSURERS; INSURER c : Bally Cypress Mosaics, LLC INSURER D : 23 Snowden Road Bala Cynwyd, PA 19004 INSURER E : INSURER F: .....:......: Cc. nCerminwra en ueere. 0CVICIP11d All IM12Q0. THIS IS TO CERTIFY THAT THE POLICIES' OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED.. NOTWITHSTANDING, ANY REQUIREMENT, "TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT NTH" RESPECT TO. WHICH .TRIS CERTIFICATE MAY BE ISSUED'.OR MAY PERTAIN.. THE .INSURANCE. AFFORDED BY THE POLICIES DESCRIBED. HEREIN IS SUB.I.ECTTO ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY -HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYpE"OFINSURANCE ADDLSUBR pOLCYNUMBER PaUCYE F PoucYEXPLTR LIMITS A x COMMERCIAL GENERAL LIABILITY CLA1M844ApE [X "OCCUR . 39 SBM VW0030 11/15/2017 llMS12010 EACH OCCURRENCE 1,000,000 oAMAGET RENTED 100,000 MED EXP An on 10,000 PERSONAL& ADVINJURY 1,000,000 GEN'LAGGREGATE LIMIT APPLIE$PER: POLICY FK j LOC OTHER: GENERAL AGGREGATE 8 2,000,000 PRODUCTS-COMPIOPAGG $ 2,W0,000 $ AUTOMOBILE LIABILITY ANY AUTO AUTOS ONLY SCHEDULED AU705 ONLY AUTOS ONLY RIS BY NAGS ENT COMBINED SINGLE LIMIT BODILY INJURY(Perperson) $ BODILY INJURY Per accident S PeOr PPn,RZI AMAGE S S UMBRELLA uAB EXCESS LIAB OCCUR CLAIMS -MADE " WAIVER WA. 4L EACH OCCURRENCE AGGREGATE 5 DED RETENTIONS WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PPR(jP�pRIIEMRIPAR*ERIE EXCLUDED? ECUTIVE Y I lendatory In NHj ILyyes, describe under 0 SdRIPTION OF OPERATIONS below N /A I STATUTEPER O7H- ' E,L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE S E-L, DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addidonal Remarks Schedule, may be attached Ir mare apace le required) Board of Monroe County Is recognized as Additional Insured Board of Monroe County Commissioners Ann Mytnik, Contract Administrator Facilities Development 1100 Simonton Street#2-218 Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserves. The ACORD name and logo are registered marks of ACORD