1st Change Order 06/14/2018MONROE COUNTY/ENGINEERING/ PROJECT MANAGEMENT
CONTRACT CHANGE ORDER
PROJECT TITLE:
Art in Public Places
TO CONTRACTOR:
Stephanie Jaffe Werner
d1bla FS 'arch 7, Inc.
NE 2 Avenve No. 3209 N
Miami, FL 33132
CHANGE ORDER NO: I
INITIATION DATE: June 7, 2018
CONTRACT DATE: February 21, 2018
The Contract is changed as follows:
The original (Contract Sum) (Guaranteed Maximum Price) ..................................... 22,000.00
Net change by Previously authorized Change Orders .................... ........... 0.00
The Contract Suml (Guaranteed Maximum Price) prior to this Change order was ............. $ 22,000.00
The (Contract Sum) (Guaranteed Maximum Price) will be (increased) (decreased)
11nchan �ed) by this Change Order. 0.00
The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order is— 22,000.00
The Contract Time will be (increased) (decreased) (unchanged) by ............................ 32 Days
The date of Substantial Completion as of the date of this Change Order is .................... .....August 3, 2018
Detailed description of change order and justification:
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COUNTY /DEPUTY ADMINISTRATOR: A �'� 1%)41
I OmarAastesi Date
Christine Hurley
Change Order Attachment per Ordinance No. 004 -1999
• Change Order was not included in the original contract specifications. Yes ® No ❑
If Yes, explanation: Artist needs additional time to install her 33 s.f. of ceramic mosaic mural
on the retaining wall located on the exterior of the Bernstein Park property.
s Change Order was included in the original specifications. Yes ❑ No
If Yes, explanation of increase in price:
r Change Order exceeds $50,000 or 5% of contract price (whichever is greater). Yes ❑ No
If Yes, explanation as to why it is not subject for a calling for bids:
e Project architect approves the change order. Yes ❑ No
If no, explanation of why: There is no architect on this project.
* Change Order is correcting an error or omission in design document. Yes ❑No
Should a claim under the applicable professional liability policy be made? Yes ❑ No
Explain:
M ilk- ..
From: director - Keys Arts <director @keysarts.com>
Sent: Thursday, June 07, 2018 4:47 PM
To: Mytn i k -An n
Cc: Eables- Patricia; 'Susann D'Antonio'
Subject: FW: Request for extension of time Bernstein Park / Stock Island
Hi Ann,
I spoke with Tricia following a call with the artist Stephanie Jaffee (Esplanade 7) who has a contract for artwork at
Bernstein Park.
We gave her an NTP with a deadline to finish by June 30.
She will not be able to meet that deadline. (See her written request below)
Tricia would like us to request an extension from the BOCC until August 3rd.
Since issuing NTP's - I now realize that 90 days may be tough for some artists who are "not" deadline savvy!
Anyway Tricia hopes we can get this on the revised agenda deadline that is June 12 for the June 20 meeting otherwise it
will have to wait until July and then Stephanie will be in default and that is not good!
Please advise -
Thanks
liz
Elizabeth S. Young
Executive Director
Fl. Keys Council of the Arts
1100 Simonton Street
Key West, FL. 33040
305 - 295 -4369
director kesz rts.con
www.kevsarts.com
Sign up for our KeysArts Weekly e -mail by visiting our website!
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- - - -- Original Message---- -
From: Stephanie Jaffe [ mailto. 1Le hanie @ ff rt:s ur(jq� !'n]
Sent: Thursday, June 07, 2018 1:47 PM
To: director(Tkeysarts.
Subject: Request for extension of time Bernstein Park / Stock Island
Dear Elizabeth Young and The Monroe County Board of a county Commissioners,
I am 80% done with the mosaic public art project for Bernstein Park on Stock Island. I am on top of the project and
expect to complete the piece very close to the deadline. I am humbly requesting an extension of time on my existing
contract until August 3, 2018 to allow for the installation time and weather.
Thank you,
Stephanie Jaffe
ESplanade 7, INC
A
1S
April 3, 2018
Stephanie Jaffee Werner
dba Esplanade 7, Inc.
253 NE 2nd Street #3209
Miami, Florida 33132
Florida Keys Council of the Arts
1100 Simonton Street
Key West, FL 33040
(305) 295 -4369
RE: NOTICE -TO- PROCEED FOR: Bernstein Park, Stock Island
Dear Ms. Werner,
This letter serves as Monroe County's official NOTICE TO PROCEED (NTP) to your company,
Esplanade 7, Inc to commence with the above referenced project. This NTP is issued pursuant
to the Contract dated: Wednesday, February 21, 2018
This NTP is limited to the scope of work for: Bernstein Park for the lump sum price of: $22,000.
Please include the Job Name on each invoice to facilitate the payment process.
Commencement date for the services associated herewith shall be considered to be April 3,
2018. The substantial completion date shall be considered to be 90 calendar days after
issuance of this Notice to Proceed. Therefore, final completion of all work shall be considered
to be Monday, July 02, 2018. .
If you have any questio W, please contact me at (305) 295 -4369.
Florida NEMouncil of the Arts
cc: Cary Knight, Director Project Management
Ann Mytnik, Contract Administrator
Monroe C 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 Stephanie Jaffe Werner, d/b /a Esplanade 7, Inc.,
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 (AIPP Ordinance),
codified at MCC §2- 233(1), authorizes the allocation of one percent (1 %) of the County's
construction costs for new construction exceeding $500,000.00 and renovations
exceeding $100,000.00 to be set aside in a fund and used for acquisition, commission,
installation, and maintenance of works of art to be used in, upon, or around the new or
renovated County buildings; 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 public construction projects and to advise the
BOCC regarding the art subject to the AIPP allocation; and
WHEREAS, the BOCC desires to acquire public artwork to be installed and
located at the newly developed Bernstein Park to promote understanding and awareness
of the visual arts and to enrich the Vic environment for residents and visitors; and
WHEREAS, in conformity with the AIPP Ordinance and MCC §2 -233, the Artist
was selected by the AIPP Committee to provide public artwork for this location; 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.
1. AGREEMENT PERIOD: This agreement is for a period of ninety (90) days after
issuance of a 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 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:
Thirty -three (33) total square feet of ceramic mosaic murals entitled "To the
Park" to be permanently installed on the new retaining wall located on the
exterior of the Bernstein Park property. There will be three (3) murals; one (1)
Art in Public Places — Bernstein Park, Esplanade 7, Inc.
large central mosaic measuring 7' 6" x 2' and will be complimented by two (2)
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 Florida Keys and the historical shri ing industry of 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 hogfish catching a fly baseball
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.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed Twenty -Two Thousand and 00 /100 ($22,000.00) 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) Mats i ttls 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:
2a) Travel. All travel expenses shall be reported on a State of Florida Voucher
for Reimbursement of Travel Expenses as adopted by Monroe
County. If Artist has airfare, the original boarding pass, or
equivalent, must be attached to the Voucher. If Artist travel is in a
vehicle, mileage must be reported on the Voucher. Mileage is
reimbursable at fifty -three ($0.53) 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 $10.00; Lunch — when travel begins
before 12 noon and extends beyond 2 p.m. for $15.00; and Dinner
— when travel begins before 6 p.m. and extends beyond 8 p.m. for
$30.00.
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Art in Public Places — Bernstein Park, Esplanade 7, Inc.
A State of Florida Voucher for Reimbursement of Travel Expenses
as adopted by Monroe County is attached and made part of this
contract.
3)
Lom letior►: 33.3% final payment due when installation is deemed complete
and contractual agreement specifications are verified by the
Monroe County Project Management Department or its designee.
Eligible costs and ex eviditur s for the project and the total awa inctude but are
not ! inl ited to
A. Artist's design fee
B. Labor, materials, and 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 2a).
E. Transportation of the work to the site (see above paragraph 3, item 2a).
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 any release of liens, if applicable.
Final payment request must be submitted no later than sixty (60) days after the
completion of the project.
4. OWNERSHIP and RIGHTS: Upon the installation of the artwork and acceptance
by the County, the County shall own the artwork and title to the artwork shall pass
to the County. This Article 4 and the Artist's signature on this Agreement shall
constitute and be construed as the Artist's express waiver of rights as provided in
17 U.S.C. 106A, et.al,, to the extent that the artwork may be removed, adjusted,
replaced, and/or relocated, as deemed necessary by the County without obtaining
a waiver or permission from the Artist, and that modification to the artwork
resulting from conservation or public presentation involving lighting and
placement is not prohibited modification or considered alteration, distortion, or
mutilation of the artwork. Artist agrees that the County as owner of the building
and/or property that includes the artwork may, without the consent or permission
of the Artist, make or authorize the making of alterations and/or destruction of
such building and/or property. Artist agrees that where the artwork may be
created or conceived in any fashion by more than one author, the Artist's
signature and waiver binds the entire group of authors /artists.
Art in Public Places — Bernstein Park, Esplanade 7, Inc.
5. 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 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.
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.
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.
9. 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 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. 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 further action on
4
Art in Public Places — Bernstein Park, Esplanade 7, Inc.
the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC §§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
§ 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC §§ 6101- 6107), which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, § §,523 and 527 (42 USC §§ 690dd -3 and 290ee )),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended
from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientat'i'on, gender identity or expression, familial status or age; and 1 l )
any other nondiscrimination provisions in any federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
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 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.
Art in Public Places — Bernstein Park, Esplanade 7, Inc.
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 she has not employed, retained or
otherwise had act on her 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.
IT 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 qr 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 Florida Statutes, 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.
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.
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Art in Public Places — Bernstein Park, Esplanade 7, Inc.
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 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 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:
1. Workers' Compensation if, and as required by Florida Statutes
2. 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)
If split limits are provided, the minimum limits acceptable shall be:
7
Art in Public Places — Bernstein Park, Esplanade 7, Inc.
$100,000 per Person
$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 in writing and hand delivered or mailed, postage
pre -paid, by certified mail, return receipt requested, and addressed and
delivered as follows:
For Artist:
Stephanie Jaffe Werner
d /b/a E planadc 7, Inc.
253 NE 2 1111 Street
No. 3209 N
Miami, FL 33132
Eor Count
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
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.
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 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.
(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 iecords 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 Comity, upon request
from the County's custodian of records, in a fonnat that is coinpatible 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
119. 10, Florida Statutes.
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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 acceptance by the County.
24. WARRANTIES OF QUALITY AND CONDITION: Artist represents and
warrants that the artwork, as fabricated and installed, will be free from defects in
material and workmanship which cause or accelerate deterioration of the artwork
and that reasonable maintenance of the artwork will not require procedures
substantially in excess of those described in the Artist's maintenance
recommendations or proposal. The warranties described in this Article shall
survive for a period of five (5) years after final acceptance of the artwork, with
periodic required maintenance by the County, according to instructions provided
by the Artist. The County shall give written notice to the Artist of any breach of
this warranty during the five (5) year period. The Artist shall, at no cost to the
County, cure reasonably and promptly the breach of warranty by means of repair,
restoration, refurbishing, re- creation, or replacing the artwork.
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.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by its duly authorized representative on the day and year first above written.
(SEAL)
ATTEST:.KEVIN MADOK, CLERK
B
l]cputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE OtJN'I'Y FLORIDA
By: _
Mayor /Chairman
10
Art in Public Places – Bernstein Park, Esplanade 7, Inc.
MONROE COUNTY A'TTORNEY'S OFFICE
AI AS
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
DATE:
WITNESS:
STATE OF 1 l
ARTIST:
STEPHANIE JAFFE WERNER,
d/b /a Esplanade 7, Inc.
PrintfNarne Title Presi e
Si na re
DATE: 1 1 27 —
-before me. the undersigned
b Werner, d/b /a ESplanade 7, Inc.,
bed alcove o
r
leded that she is the person who
.41c artwork at Bernstein Park, for
My Commission Expires:
11
Art in Public Places — Bernstein Park, Esplanade 7, Inc.
STEPHANIE JAFFE
BERNSTEIN PARK PROPOSAL
NARRATIVE
"To The Park"
I propose glass and ceramic mosaic murals entitled "To The Park" to be permanently
installed on the new retaining wall located on the exterior of the Bernstein Park property
I chose this location because it is on the outside of the park and therefore will get the
maximum visibility by people using the park and /or passing by. A mosaic mural will
transform and add an aesthetic component to this otherwise long, unadorned wall.
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 of
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 hogfish catching a fly baseball.
The proposed artwork is brightly colored and child and family friendly. The artwork is
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 them to be well
suited for this application. This proposal also includes painting the remaining, unused
portion of the wall.
Stephanie Jaffe / Bernstein Park Proposal
DESIGN SPECIFICATIONS
Mosaic the
shrimp
Stephanie Jaffe / Bernstein Park Proposal
Mosaic tile
hogfish
1101 *
--- ---- -- 23'---- -- - - - I- - - - - -- 23'_ -- - --
painted concrete wall painted concrete wall
--------------------------- - - - - -- 125'------------------ - - - - --
NOTE; The three murals will be placed on the concrete wall below the
fence in proportionate spacing as outlined in the Chart Each 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.
- - - -4' 6 x 2' - --- I I -- - - - - 7' 6" x 2'- - - --- I I --- -4' 6" x 2' - - -- 1
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CERTIFICATE OF LIABILITY INSURANC DATEImwoo
0211212018
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(las) must be endorsed. If SUBROGATION IS WAIVED, subject to lha
terms and conditions of the policy, certain poltales may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorawant(al..
PeOCUCER _... ..p...a' Mpx
Nankin Insurance Inc. P a, €.RA000 02c0031 n � ,y fi SSJ
7711 SW 82nd Ave, art nanwillnsufance corn.
Suite 201 s�.e..� ..�....�....._ -
County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED !N
300 Whitehead St. ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHDnEXI!aEPaESaRM"VE
Key West FL 34040 �M
/ 0100042010 ACORD
ACORD 2512010103) The ACORD name and logo are registered marks of ACORD
I: Iar'l
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 or the following contract:
Contractor:
.. ... .. a '/2..
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Contract for: , ��� t'��� A f r
Address of Contractor. , 4 -
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County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date: