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Item C03Co unty of Monr M l� 4C BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 The Florida Keys Y 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.3 Agenda Item Swnmary #3742 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 $22,000 with Stephanie Jaffe Werner, d /b /a ESplanade 7, Inc., 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. Stephanie Jaffe Werner, d/b /a ESplanade 7, Inc., will be providing 33 total square feet of three (3) mosaic murals, which depict one (1) large central mosaic measuring 7'6" x 2', and two (2) complementary side pieces measuring 4'6" x 2' each. 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 ESplanade 7, Inc. Contract FINANCIAL IMPACT: Effective Date: 02/21/18 Expiration Date: 90 days after issuance of Notice to Proceed Total Dollar Value of Contract: $22,000.00 Total Cost to County: $22,000.00 Current Year Portion: $22,000.00 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 $22,000.00 CC 1603 REVIEWED BY: Cary Knight Completed 02/02/2018 9:52 AM Patricia Eables Completed 02/04/2018 3:43 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 9:23 AM Kathy Peters Completed 02/05/2018 9:25 AM Board of County Commissioners Pending 02/21/2018 9:00 AM Monroe g Art in Public Places Award_ALxreetucnt This AGREEMENT dated the 2 1 " day of February 2018, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County" or "BOCC", and Stephanie Jaffe Werner, d/b/a ESplanade kereinafter "Artist". 2. SCOPE OF AGREEMENT: The Artist shall provide: Thirty-three (33) total square feet of ceramic mosaic murals entitled "To the Park" to he permanently installed o new retag wall located on the exterior of the Bernsteinpdrk property. There will he three (3) murals; one (1) 2) Materials- 33.3% of total when artist submits receipts for materials and zz� 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 with Monroe County Code of Ordinances, See. 2-106 et, seq., as described in 2a) below: 2 Art in Public Places — Bernstein Park, Esplanade 7, Inc. 77ST377=T=a v 707577 73r,=Dursemenr or - ravef,6-xpFn - ses as adopted by Monroe County is attached and made part of this contract 33.3% final paymcmdue when installation is deemed complete and contractual agreement specifications are verified by the Monroe County Project Management Department or its designee. Payment shall be made upon presentation of an original invoice documentation necessary to support the completion of the work. Artist shall al provide any release of liens, if applicable, Final payment request must be submitted no later than sixty (60) days after completion of the project. 3 Art in Public Places — Bernstein Park, Esplanade 7, Inc. 6. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the BOCC. Extensions of time to complete any terms or conditions of this Agreement must be made in writing and may be approved only by the BOCC. 10 NON-DISCRIMINATION: The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any finther action on 4 Art in Public Places — Bernstein Park 7, Inc. 14 ENTIRE AGREEMENT: This ©• 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 mat?:»2 wwa 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 o24e2 », »« 4:4•±«« below is authorized to contract Artist's services. 6 Art in Public & ces — Bernstein Park, Esplanade 7, Inc. 19. LICENSING AND PERMff S: Artist warnmts 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 pennits whether Federal, State, County or City. Acceptance and/or approval of Artist's insurance shall not be construed relieving Artist from any liability or bligation assumed under this c on tract imsed by law. I o po MRAT — r i — -- Fjlq - - TIM will • included as "Additional Insured" on all policies except workers' compensation. Any deviations from these General Insurance Requirements must be requested writing ♦ the County form titled "Request for Waiver of Insuran T J Requirements" and must be approved by Monroe County Risk Management. T. � �J by is contract: �� I - 1 General Liability Insurance. Coverage shall be maintained throughout 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 WIT qI & I GIMEM WIN 7 Art in Public Places — Bernstein Park, Esplanade 7, Inc. $100,000 per Person $300,000 per Occurrence 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, remm receipt requested, and addressed and delivered as follows: 251 NE 2 Street No. 3209 N Miami, FL 373132 I 100 S iniontoti Street Key West, FL 330Z40 ME County Attorney P.O. Box 1026 Key West, FL 33041-101 8 Art in Public Places — Bernstein Park, Esplanade 7, Inc. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision, Pursuant to FS, 119.0701 and the terms and conditions of this contract, the Contractor is required to: 9 Art in Public Places — Bernstein Park, Esplanade 7, Inc. 23. 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 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 acceptanceby the County. 25. REPAIRS AND RESTORATION: The County reserves the right to determine when and if repairs and restorations to the artwork will be made after final acceptance. Repairs and restorations to the artwork occurring five (5) years after the County's final acceptance of the artwork will be the responsibility and at the expense of the County. 10MA I QW4 I I I kW It I; I CO351MRIOuRsif 110 11 L FLwoj IN I IN-WORWAF I I awm I I I I (SEAL) ATTEST: KEVIN MADOK, CLERK By: Deputy Clerk M NO ML MINIMUM I W By- Mayor/Chairman FMI a ro "I, $I LMO Fymlm� HE 33040. DATE: 1 ,XZ'7- My Commission Expires: 11 Art in Public Places — Bernstein Park, Esplanade 7, Inc. N I tw_ W.1 IRMO bal 1111 111 11111 11111 11111 111 1111111 Pill I 1 111 li I III RINI 11111 111 iiiiii I III II � 111 11111 1 111111 111 1 111 1 I I I V Im The scope of work will consist of three murals; one large central mosaic measuring 7' 6" x 2 and will be complemented by two additional mosaic murals measuring 4' 6" x 2' each. The piece will depict sea creatures playing with sports balls. The design incorporates the natural environment of the Keys and the historical shrimping industry a Stock Island. All three of the featured sea creatures are oriented to face towards the park as if they were heading "To the Park" to play. The creatures will include an octopus with its tentacles literally rising out of the mural to wrap the fence, a Key West pink shrimp and a hagfish catching a fly baseball. E 0 The proposed artwork is brightly colored and child and family friendly. The artwork is CID also low maintenance and meets all legal and code requirements. I will fabricate the mosaic in my Miami studio and later install it on site using cement and grout suitable for outdoors. Given the strength and durability of these materials I consider the to be well 0 suited for this application. This proposal also includes painting the remaining, unused J portion of the wall. E U) Uj CL CL Stephanie Jaffe 1 Bernstein Park Proposal DESIGN SPECIFICATIONS 110 Mosaic the shrimp Stephanie Jaffe / Bernstein Park Proposal Mosaic the hagfish I --------------------------------- 125 -------------------------------------- I NOTE: The three murals will be placed on the concrete all below the fence in proportionate spacing as outlined in the Chart aEach of the three murals will be placed in equal distances from each other. in between each of the murals, The concrete wall will be painted by the city a turquoise color. i��' x 1----4' 6' x 2.'- --- �� 1 0 2% ---- 4'6" x 2'---- 1 _________3-_____.___ I I --------- 23 ---------- I painted concrete wall painted concrete wall ........... I ....... . . . . ......... . . . . . . ........ I 3 3: g Sr I l i I ZD is 0 E a. 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