Item C02Co unty of Monr M
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
The Florida Keys
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Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
11.1 5
Heather Carruthers, District 3
County Commission Meeting
February 21, 2018
Agenda Item Number: C.2
Agenda Item Summary #3740
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Ann Mytnik (305) 292 -4439
N/A
AGENDA ITEM WORDING: Approval of a contract for $5,000 with Lucy Paige for public art at
Bernstein Park recommended by the Art in Public Places (AIPP) Committee and the Florida Keys
Council of the Arts (FKCA). This will be funded by the one -cent infrastructure tax.
ITEM BACKGROUND: Monroe County Ordinance No. 022 -2001 provides for an appropriation
of 1% of the construction costs for new construction exceeding $500,000 to promote understanding
and awareness of the visual arts and enrich the public environment for residents and visitors. The
redevelopment of Bernstein Park is nearing completion and allows for funding for public art by three
artists whose works were recommended by the AIPP Committee and the FKCA to be installed on the
site. Lucy Paige is one of the three artists and she will be providing two (2) mixed media acrylic
paint and paper collage framed panels, measuring 3' x 4' x 1/2" each, depicting children and families
at play.
PREVIOUS RELEVANT BOCC ACTION: On April 20, 2016, the BOCC approved a contract
with Burke Construction Group for the construction of the Redevelopment of Bernstein Park project.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval as stated above.
DOCUMENTATION:
AIPP Lucy Paige contract
FINANCIAL IMPACT:
Effective Date: 02/21/18
Expiration Date: 90 days after issuance of notice to proceed
Total Dollar Value of Contract: $5,000.00
Total Cost to County: $5,000.00
Current Year Portion: $5,000.00
Budgeted: Yes
Source of Funds: 314 25004 560630 CC1603
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
Yes
01/17/18 314 -25004 • CULTURE & REC FUND 314 $5,000.00
CC 1603
REVIEWED BY:
Cary Knight
Completed
02/02/2018 9:51 AM
Patricia Eables
Completed
02/04/2018 3:37 PM
Budget and Finance
Completed
02/05/2018 8:51 AM
Maria Slavik
Completed
02/05/2018 9:05 AM
Kevin Wilson
Completed
02/05/2018 9:24 AM
Kathy Peters
Completed
02/05/2018 9:27 AM
Board of County Commissioners
Pending
02/21/2018 9:00 AM
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This AGREEMENT dated the 2 t st day of F6bniary 20 t 8, is entercd into by arE
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between the BOARD OF COUNTY COMMJSSJON�I FOR MONI�01'. COUNT
WHEREAS, the Monroe County BOCC recognizes the extent of cultural
-oniotion, and en'ovinent 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
Artist shall confer with and coordinate activities with Monroe County personnel
and/or Elizabeth Young, Executive Director of the Florida Keys Council of the
Arts, in order to insure that there is as much cooperation and cohesiveness in the
incorporation of the art in or around the building or onto the retaining wall so that
there shall be the least amount of interference by the Artist.
I
2) Materials- 33.3% of total when artist submits receipts for materials and
eligible costs equal to or greater than 333% of the contract total.
Travel expenses are incloded in this phase and shall be paid in
accordance With Monroe ('OLHItV Code of' Ordinance..". Sec. 2-106
et. seq., as described in 2a) below:
3) C s deemcd complete
Lorn 33.3% final PaNment (We W'hen is
and contraCtUai agreement specifications are verified by the
Monroe Contity Pro Ject Management Department or its designee.
a
- 1 -
hiclude. but are
not limited to:
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.
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 is authorized to contract Artist's services.
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.
6
Art in Public Places — Bernstein Park, Lucy Paige
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
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21, NOTICE: Any written notice to be given to either party under this agreement or
related hereto shall be in writing and hand delivered or mailed, postage
pre-paid, by certified mail, return receipt requested, and addressed and
delivered as follows:
For Artist: 17t)[.
Lucy Paige Florida Keys Council of the Arts
1007 Loggerhead Lane 1100 Simonton Street
Sugarloaf, FL 33042 Key West, FL 33040
M
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
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
21 RISK OF LOSS: Risk of loss or damage to the artwork shall be borne by the
Artist until acceptance of the artwork by the County as indicated after the final
Art in Public Places — Bernstein Park, Lucy Paige
I
payment has been made by the County. The Artist shall carry insurance sufficient
to cover the purchase price of the artwork to cover risk of loss or damage to the
artwork until final acceptance by the County.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By:
Deputy Clerk
By:
Mayor/Chairman
MO OE COUNTY ATTORNEY'S OFFICE
PATRICIA EABLES
ASSISTANT COU4TY A fNEY
DATE:
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Art in Public Places — Bernstein Park, Lucy Paige
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My Commission
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Art in Public Places — Bernstein Park, Lucy Paige
From: Lucy Paige <Iucypaige(PmindspHng.carm
Sent, Wpdrred ly, D mfl:)er 20, 2017 10:54 AM
To: MywA-Ann
Subject: Lucy Parge-Sernstein Park Info-frwn original proposaf if helpfut
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My proposal for this project is art or for the targeted space #3; the covered areas under
the community building and the shaded recreation area.
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