Item C04Co 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: CA
Agenda Item Swnmary #3743
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 J.H. Allen 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 infrasturcture 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. J.H. Allen is one of the three artists and he will be providing 500 square feet of mural painting,
in the fresco technique, on the east side of the building and wrapping around the side walls to end
logically at the corners. The artwork will cover both the first and second floor exterior walls.
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 J.H. Allen 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 3:45 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 9:22 AM
Kathy Peters
Completed
02/05/2018 9:26 AM
Board of County Commissioners
Pending
02/21/2018 9:00 AM
Monroe County Art in Public places Award Agreement
This AGREEMENT dated the 21" day of February 2018, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County" or "BOCC", and J.H. ALLEN, aWa JACK A. HENRY, 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 Ordinance established an Arts in Public Places (AIPP)
Committee to review responses to Requests for Proposals for art to be acquired,
commissioned- installed- and maintained in 9 con
BOCC regarding the art subject to the AIPP allocation; and
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NOW, THEREFORE, in consideration of the mutual covenants and payments
contained
as set forth below.
1 SCOPE OF AGREEMENT: The Artist shall provide:
ofinuralpainfing, in thefresco technique, on the east side of the building and
wrapping around the side walls to end logi6dly at the corners. The artwork will cover
both the first and secondfloor exterior walls. The design willjollow the color palette
and davkn as proposed.
5,
33.3% of total payment;
2) Matc 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 with Monroe County Code of Ordinances, Sec. 2-106
et. seq., as described in 2a) below:
0 letiow 33.3% final payment due when installation is deemed complete
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and contractual agreement specifications are verified by the
Monroe County Project Management Department or its designee.
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Art in Public Places — Bernstein Park, J. H. Allen
Payment shall be made upon presentation of an original invoice and
documentation necessary to support the completion of the work, Artist shall also
provide any release of liens, if applicable.
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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.
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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.
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.
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Art in Public Places — Bernstein Park, J. H. Allen
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 workers'
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:
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
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
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
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Art in Public Places — Bernstein Park, J. H, Allen
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
J. H. Allen
1114 Margaret Street
Key West, FL 33040
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
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Art in Public Places — Bernstein Park, J. H. Allen
1100 Simonton Street
Key West, Fl, 33040
M]
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
5,
--- - - --------
33040.
23. RISK OF LOSS: Risk of loss or darnage to the artwork shall be bome by the
Artist until acceptance of the artwork by the County as indicated after the final
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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.
I MW I C I
1 1m uml to WARIN I I I i I
(SEAL)
ATTEST: KEVIN MADOK, CLERK
By:
Deputy Clerk
By: ... ..........
Mayor/Chairman
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Art in Public Places — Bemstein Park, J. H. Allen
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Print Name
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Request For Waiver
of
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:
contract for:
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Risk Manage
Date:
County Administrator appeal:
Approved
Not Approved -
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