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Item C30 c.3o Co ��Monroe ;r ' BOARD OF COUNTY COMMISSIONERS lrl Mayor Heather Carruthers,District 3 The Florida.Keys � m���� ���� Mayor Pro Tem Michelle Coldiron,District 2 1 Craig Cates,District 1 David Rice,District 4 ` Sylvia J.Murphy,District 5 County Commission Meeting February 19, 2020 Agenda Item Number: C.30 Agenda Item Summary #6575 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427 N/A AGENDA ITEM WORDING: Approval of a contract with Darcy Ferrill and Shawn Trentlage for $50,000.00 for public art at the new Marathon Library recommended by the Art in Public Places (AIPP) Committee and the Florida Keys Council of the Arts (FKCA). ITEM BACKGROUND: Monroe County Ordinance No. 022-2001 provides for an appropriation of 1% of the construction costs for new construction exceeding $500,000 and renovations exceeding $100,000 to be set aside to promote understanding and awareness of the visual arts and enrich the public environment for residents and visitors. Based on responses submitted on January 22, 2020, to a second Request for Proposals, the AIPP Committee selected Darcy Ferrill and Shawn Trentlage to provide public artwork for the new Marathon Library. This artwork will consist of a suspended glass, acrylic and wire sculpture measuring nine feet (9') by four feet, four inches (4'4") to be installed from the ceiling in the front entryway inside the library. PREVIOUS RELEVANT BOCC ACTION: March 21, 2019 — BOCC approved a contract with Pedro Falcon Construction for construction of the new Marathon Library. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Contract DOCUMENTATION: EXECUTED STAMPED Agreement_Marathon Library_Ferrill-Trentlage 2/7/20 (legal stamped) Approval letter from FKCA—Ferrill-Trentlage FINANCIAL IMPACT: Packet Pg.827 c.3o Effective Date: 02/19/2020 Expiration Date: 90 days after Notice to Proceed issued Total Dollar Value of Contract: $50,000.00 Total Cost to County: $50,000.00 Current Year Portion: $50,000.00 Budgeted: Yes Source of Funds: 314-26008-560620-CC1501 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: Insurance Required: Yes Additional Details: Yes 02/19/20 314-26008 - CAPITAL OUTLAY BUILDING $50,000.00 CC1501 REVIEWED BY: Cary Knight Completed 02/03/2020 3:43 PM Patricia Eables Completed 02/04/2020 10:11 AM Budget and Finance Completed 02/04/2020 12:39 PM Maria Slavik Completed 02/04/2020 1:28 PM Kathy Peters Completed 02/04/2020 2:10 PM Board of County Commissioners Pending 02/19/2020 9:00 AM Packet Pg.828 C.30.a Monroe County Art in Public Places Award Agreement Marathon Library and Adult Education Center Suspended ArtworkCL This AGREEMENT dated the 19th day of February,2020, is entered into by and between the BOARD OF .COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County"/"BOCC",and DARCY FERRILL and SHAWN'TRENTLAGE,hereinafter"Artist." 0 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 .N WHEREAS,the Art in Public Places Ordinance 4022-2001 (AIPP Ordinance), codified at MCC §2-233,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 y WHEREAS, the AIPP Ordinance established an Arts in Public Places Committee (AIPP) 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, placed, and/or located at the Monroe County Public Library, Marathon Branch, and Adult Education Center, Marathon, Monroe County,Florida,to promote understanding and awareness of the visual arts and to enrich the public environment for residents and visitors;and , i WHEREAS, in conformity with the AIPP Ordinance and MCC §2-233, the Artists were LN 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 the 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. LU 0. 2. SCOPE OF AGREEMENT. The Artist shall perform all services, and provide and furnish all supplies, materials, and equipment as necessary for transportation, creation, and installation of artwork in the Marathon Library and Adult Education Center as follows: Provide one (1) suspended sculpture made of glass, acrylic, and wire as described and sketched in Attachment A and B, which are made a part hereof. The sculpture will LU measure at least nine (9) feet by four (4) feet four (4) inches in shades of blues, greens, LU yellows,and oranges.The oval shape of the layers represents learning,community,and the connection of the Florida Keys. 1 Packet Pg.829 C.30.a ist shall conCL fer with and coordinate activities with Executive Director, Florida Keys ' Art in order to insure that there is as much cooperation Council of the Arts, Elisabeth Young, andcohesiveness in the incorporation of the art in or around the building n that therershall be the least amount of interference between the Ar#sgiand��fMarathan Branch Library construe and Adult Education Center personnel or any e 3. AMOUNT OF AGRFEMENT AND PAYMENT: The County shalt provide an amount rials and services not to exceed Fifty Thousand and 00/100($50,000.0 C Dollars for ssioners assumes no mate used to create and install the project. The Board of Y liabilit to fund this agreement for an amount in excagreemss ent is is`s award.cont contingent upon an annuale Y g under this agxe � performance and obligation to pay T by the BOCC. Pursuant to Florida's Prompt Payment to sat sfy the Clerk appropriationbases and documentation County of an Invoice for each of three(3 p meat shall be made for the following that the appropriate phase has been completed, pay phases at the referenced rates: 1) Desi n Phase: 33.3%of total payment; Materials; 33.3%of total when artist submits receipts f of theor tcontract total. er 2) � eligible costs equal to or greater than 33.3%8 Travel expenses are included in this phase and shall be paid in accordance with Florida State Statute 112.061,or as described in 2)a below: All travel expenses shall be reported on a State of Florida Voucher the gfa ral 2(a)Travel: Expenses. If Ards Reimbursement of Travel )✓xp boarding pass, or equivalent, must be attached to the Voucher. If Artist 15 � in a vehicle, mileage must be repo rted an the Voucher. Mileage is reimbursable at$0.53 cents per mile. Meals are to be reported as follows: Breakfast-when travel begins before 6 a.m. and extends beyond 8 a.m.for 10.00 Lunch - when travel begins before 12 noon and extends beyond 2 p.m.for$ gins before 6 p.m. and extends 15.00;and Dinner-when travel be beyond 8 p.m. for$30.00• A State of Florida Voucher for Reimbursement of Travel Expenses is attached and made a part of this contract. � °Io final payment due when installation is deemed complete oun y 3)Com letion: 33.3% p contractual agreement specifications are verified by theMonroe CL Project Management Department or designee. Eli s for the ro ect and the total award include but are not limited to: ible costs and ex enditure Artist' A. s design fee. A. Labor,materials,and contracted services required for production and installation. B. C. Artist's operating peatingto this ectrelat�dpursuant to the otn statutory limitations (see above D. Travel relatedE paragraph 3, item 2). E to the site(see above paragraph 3,item 2). Trallspartation of the work F. Installation to the site. 2 Packet Pg.830 C.30.a G. Permits and fees necessary for the installation (applicable for exterior projects which may also require HARC review,if applicable). H. Legal costs directly related to the project. I. Liability costs of artist. Pa meat shall be made upon presentation of an original invoice and documentation Y necessary to support the completion of the work. Artist shall also provide release of liens if applicable. Final a ent request must be submitted no later than sixty(60)days after the completion W F p Ym of the project. anc OWNERSHIP and RIGHTS: Upon the installation of to�artwork shallork passof he County. 4. � County,the County shall own the artwork and title to be This Article 4 and the Artist's signature on this Agreement shall U.S.C. §1 OGAe constitute t al. a t construed as the Artist's express waiver of rights as provided in 17 extent that the artwork may be removed, adjusted, replaced an from the Artist,and that y necessary by the County without obtaining a waiver or perm i modification to the artwork resulting from conservator conside ed alteration, distortion, lighting and placement is not prohibited modification or mutilation of the artwork. Artist agrees that the County as owner of the building,and/or that includes the artwork may, without the consent or permission of the Artistand/o, property ing make or authorize the making of alterations an bedcreatedtor conceived in any fashion Property. Artist agrees that where the artwork may more than one author, the Artist's signature and waiver binds the entire group of by authors!artists. ary to document 5. I CORDS: The Artist shall keep such records as are necessest of the County,the performance State of of the agreement and give access to these records at the requ Florida,or authorized agents and representatives of said governmental bodies. The Artist ch understands that it shall be responsible for repayment he Cork of Court far Mond al I audit exceptions roe are identified by the Auditor General for the State of Florida,lo County, the Board of County Commissioners for Monroeaph 21 below.nty, or agents and representatives. For Public Records requirements see par g p i IV1O17IFICATIONS AND AMENDMENTS: Any and all modifications of the terms of E this Agreement shall be only amended in writing and approved by the BOGC. Extensions of time to complete any terms of this Agreement must be made in writing and may be approved only by the BOCC. 3. INDEPENDENT CONTRACTOR: At a1 times and for Boa f County Comm ss oners is an independent contractor and not an employee a t ent shali be constru of Monroe County. No statement contained in this ants, or agents to be employeesas tof the the Artist or any of its employees, contractors, servants, o g Board of County Commissioners of Monroe County,and they ynhall be entitled to none of r benefits of employees of Monroe County. the rights,privileges, o . n out its obligations under this Agreement, the g COMPLIANCE WITH LAW: In carrying 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 3 Packet Pg.831 C.30.a adopted. Any violation of said statutes, ordinances,rules, or regulations shall constitute a material breach of this Agreement and shall entitleTl the ion to the ounty to terminate Artist. nto this Agreemen immediately upon delivery of written notice of Th mnify and LN 9. HOLD �RMLESSIINDEIVINIFICATION: e Artist herebyPP Committee and Monroe hold harmless the BOCC,Florida Keys Council of the Arts, ainst any and all claims, and any of their officers andamaemp!es�coses from s, expenseand g(includi g but not limited County g liabilities, litigation, causes of action, preparation for factual inves to fees and expenses arising from and 11 of h for gang ordany demands,settlements or litigation),and the payment of any an 'ud ments arising directly or indirectly under this Agreement. The Artist shall immediately g of any suit, claim, or action made against the County that is give notice to the County related to the activity under this Agreement, and will la cooperate o his Agreement the investigation arising as a result of any suit, action,or c 10. N ONDISCRIM1NATlON' Artist and County agree that there will be no discrimination against an erson, and it is expressly understood that upon a determinationA by a court of automatically ago y p competent jurisdiction that discrimination has oCcurreart of any art t e ffe t ve the date of the court y terminates without any further action on thvel h all Federal and Florida statutes,and all local order. Artist or County agrees to comply de but are not limited ord inances,as applicable,relating to nondiscrimination. These prohibits1 discrimination to: 1)Title V1I of the Civil Rights Act of 1964(PL 88-352) race, color or national origin; 2) Title IX of the Education Amendment of on the basis of ra , whici 1972 as amended(20 USC ss. 1681-1683,and 1685-16$Act of 1973,as prohibitsdiscrimination on the basis of sex; 3) Section 504 of the Rehabilitation prohibits discrimination on the basis of handicaps; 4) The Age s. 794), which pss. which prohibits Discrimination Act of 1975, as amended D (4 Abuse office and Treatment aament Act of 1972 discrimination on the basis of age; 5)Th g basis of drugabuse; 6 The �I p�,g2-255),as amended,relating to nondiscrimina ventcan T eatment and Rehabilitation (Comprehensive Alcohol Abuse and Alcoholism Pre , Act of 1970(PL 91-616),as amended,relating to nondlscorsis of alcohol 912t�ss 523 anda527 (42 USC abuse or alcoholism; 7) The Public Health Service Act a ss 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as 9)The amended, relating to "On discrimination in the sale, 12101 N t)tal or ,as may b ng of oam amended from Americans with Disabilities Act of 1990(42 USC time to time, relating to nondiscrimination an the basis an he�bas�0ofrace color sex, 2 Code Chapter 14,Article II,which prohibits discriminationender identityor expression, religion, national origin, ancestry, sexual orientation, g CL familial statuLU s or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 2 LU 11. AN TI-1ICKEACK: The Artist warrants that no person has been employed or retained to solicit or secure this Agreement upon an agreement or d of icer of the commission, LU percentage,brokerage or contingent fee,and that no employee X project, except for anyy, the interest, financially or otherwise, in the said fundedCounty shall have the right to membership. For breach or l�b lity or, is discretion, to deduct from the agreement E annul this Agreement without brokerage or price or consideration, the full amount of such Commission, percentage, contingent fee. 4 Packet Pg.832 C.30.a 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 CL level sufficient to allow for the continuation of this Agreement pursuant to the terms herein. In the event that fiends 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) e 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 W termination. 13. TERMINATION FOR BREACH: The County may immediately terminate this Agreement p 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 F 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 y 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 laws of the State of Florida, and both parties arising hereunder, shall be governed by the agree that the proper venue for any actions shall be in Monroe County. 16, ETHICS CLAUSE: Artist warrants that he/she has not employed, retained or otherwise LN had act on his/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 0 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 CD 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 LU 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 LU 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. LU Artist represents that Artist is not on the Convicted Vendor list. 5 Packet Pg.833 C.30.a UTHORITY: Artist warrants that it is authorized by law to engage in the performance IS. A of the activities encompassed by the project herein described. Each of the signatories for the Artist below is authorized to contract Artist s services. prior to t he or shall have, 19. LICENSING AND PERMITS: Artist warranted at all times eduring said work, all commencement of work under this Agreement s whether federal, state,County or City. required licenses and permit e INSURANCE- Artist agrees that it maintains in force at its awn expense a liability 20. INSURA the Artist and the County from any suits, W insurance policy which will insure and indemnify expenses erson or persons and from all costs and claims or actions brought by any p performanceresults from by Artist of the occurring during the Agreeme thereafter!1 tames during the term of the Agreement and e obligations set forth in this Agreement. `> e 1 year after acceptance of the project, unless the r'egnlr'egnent as waived by the for on ( )Y ist shall Monroe County Rack Manager,Art maintain an file with the County a certificate All :F of the ins urance of the carriers showing that the aforesaid insurance to n ncellation, in renewal, . insurance policies must specify that they arc no auminim m of thirty (30) days prior ess material change or reducti the insurer. notification is given to the County by Acceptanc e and/or approval of Artist's insurance shall not be construed as 1a w. from any liability or obligat ieving Artist ion assumed under this contractor imposed y county Board of County Commissioners, its employees and officials will be The Monroe Cou y included as"Additional Insured" on all policies except worker's compensation. evictions from these General Insurance Requirements must be requested in writing Any d "Request for Waiver of Insurance Requirements" and must be on the County form titled "Req cavern es shall be LN approved by Monroe County Risk Management. The fallowing g L mencement of work governed by this contract: provided prior to corn l Workers' Compensation if,and as required by Florida Statutes e 2. General Liability Insurance. C the life of overage shall be maintained throughout 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 coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective elate of this contract. In o diWevly� l )rmontl s E which claims may be reported should extend for a minimum following the acceptance of work by the County. 6 Packet Pg.834 C.30.a 21. 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 d°ocumentsCrecto records, papersr shall , o permit o her reasonable access to, and inspect L " LN 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 W a material breach of this contract and the County may enforce the terms of this provision r, 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 N 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 Fla. Stat., Sec. 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 LN iL 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 LU 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 LU County shall immediately notify the Contractor of the request, and the Contractor mustLU provide the records to the County or allow the records to be inspected or copied within a LU 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, 7 Packet Pg.835 C.30.a 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. 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 e by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1192 FLORIDA STATUTES TO THE N CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BR.ADLEY AT PHONE# 305-292- 3470 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONROE y COUNTY ATTORNEY'S OFFICE 1111 12TH Street SUITE 408 KEY NEST, FL 33040. N W 22. 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. 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. 23, NOTICE: Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail,postage prepaid,to the other party by certified mail, return receipt requested, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: For Artist: For County: Darcy Ferrill & Shawn Trentlage Florida Keys Council of the Arts 1222 4'h Street 1100 Simonton Street Key West, Fl. 33040 Key West, FL 33040 and Monroe County Attorney P. O. Box 1026 �- Key West, FL 33041 U 24. WARR.ANTIES OF QUALITY AND CONDITION: Artist represents and warrants that the artwork„ as fabricated and installed, will be free from defects in material and W 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 8 Packet Pg.836 C.30.a described in the Artist's maintenance recommendations eve 5 or after final acceptance of described in this Article shall es survive for a period ( )y ' ording to instructions CL the artwork, with periodic required maintenance bwritten e County, to the GArtist of any breach of provided by the Artist. The County shall g this warranty during the five(5)year period.The Artist shall,at no cast to the County,cure reasonably and promptly the breach of warranty by means of repair, restoration, refurbishing, re-creation, or replacing the artwork. PAIRS AND RESTORATION: The County reserves the right to determine when and 25. RE Repairs and (5) if repairs and restorations to the artwork will ye made after years after final acceptance of restorations to the artwork occurring five the artwork will be the responsibility and at the expense of the County. c N N N W [REMAINDER OF PAGE INTENTIONNALLY LEFT BLANK) [SIGNATURE PAGE TO FOLLOW) CL Packet Pg.837 C.30.a CL Execution by the Artist must be by a person with authority to bind the entity. Signature of the person executing the document must be notarized and witnessed by another officer of the � entity,or by hvo(2) other witnesses. BOARD OF COUNTY COMMISSIONERS (SEAL) ATTEST: KEVIN MADOIC,CLERIC OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman T WITNESSES: ARTIST: DARCY FERRILL Sip-nature. Signature y DATE: Z Zo Zr Print Name DAT : SZ�2o N ISignat re Print Narne DATE: Z� -- STATE OF j� COUNTY OF �n� f.Lk c On this � day of � /` , 2020, before me, undersigned notary public, personally appeared, by means physical presence or O online notarization, fiv, `� , known to me to be the person whose name is subscribed above or who pro aced T_ as identification, and acknowledged that the is the E person who executed the above contract with Monroe County for the artwork at the Monroe 0) Adult Education Center for the purposes therein 2 County Public Library, Marathon Branch and contained. Notary I' is My Commis ion Expires: q- • e (SEAL) MARY WATSON MARTIN Notary Public Minnesota � ? � My Commission Pxplres „s �an3#.2023 MONAOE COUNTY AT70ANEY'S OFFICE °�....... AP QVEDASTO FAQ RIC1A FABLES ASSISTA COUNTY A®EY 10 PATE: Packet Pg.838 C.30.a CL CL WITNESSES- ARTIST: SHAWN TRENTLAG f 1 Signature Signature ,re G u�R�J)`6 N DATE: Print Name&20DAT ZT 2 Si ape Pri te DATE: Z I N STATE OF COUNTY � Qn this , 2020, before me, undersigned notary public, eared, b means ofKphysical presence or ❑ online notarization, personably a p Y — , known to o be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the a, onroe person who executed the above contract and Adult EdCounty Center for her purposethes there n County Public Library, Marathon Branch and contained. c Notary P c My mi ton Expires: e (SEAL) rie ar".r. MARY WATStiN MARTIN CL Notary Pu51iG Minnesota kJ My Corcmission Expires j !an 31,2023 Packet Pg.839 C.30.a � t CL Monroe County Public Library Darcy Ferrill and Shawn Trentla a 1i4 is 1222 4th St.,Key West,FL 33040 t 0 Suspended Sculpture Proposal 3 0 AcryNdGlass Collage Sarnple e sculpture is designed to address both vertical and horizontal aspects of the space.Horizontal elements fill the long space with art,and vertical elements to express the height of the space.As you enter,the sculpture greets you and you are underneath It almost immediately based on the size of the space,the piece will be enjoyed mostly76 from below.Viewing it from above will also carry the essence of the design.When viewing the sculpture from below,you can see the layers of ovals,first the energetic and cola I'Li ry'concept piece and then the soothing 'Landscape of the Keys'piece.Passing through the Library and Landscape oval portion of the sculpture are a series cV of smaller oval elements that represent the islands of the keys.There is a line of structure that connects the vertical elements together,much like Key Largo to Key West.It also abstractly maps the location of the Library. • The Oval form is used because it is an expanding form that can radiate outward and inward to infinity,much like a Library expands peoples visions,lives and experiences. • Words and images are used within the to er'Ubrary' val to further support a Library's opportunities and who it serves. • Libraries are like gardens of knowledge,learning,playing,inspiring and yet also calming. i • Libraries are very rich with ideas and information that can lead one on a great journey of development and knowledge. • e'Library' val element is represented with bright colors with many of them overlapping,to create a dynamic and rich piece.This element speaks about the library as a place of discovery,learning,sharing inspiration and journey.This journey creates a landscape that is continuously growing and changing in which you will see and experience new things. • The playful overlapping of layers and colors represent the collage of the library,who It serves,the community, i the history of the Keys,creative people of the Keys and interconnected landscapes. • The Upper Oval is again an expanding oval form.It is a ey's Collage of the landscape of the Keys and as a whole interconnected place. • The Upper Oval is meant to recall the beauty of nature and the jay of relaxation,dreaming and new visions. • The Upper Oval also represents the calming and restful nature a library can give to the people it serves in the Lu Keys. CL e calm Library Landscape element represents and recalls that a library can be a place that is full of thoughtful introspection and comfort. • The Upper Oval suggests the joy,peace and understanding of how powerful and enlightening a Library and its internal landscape can be. • The'Landscape of the Keys'Upper Oval speaks to how nature and community are Interwoven. • Passing through the'Landscape of the Keys' er Oval and te'Lirary'Oval are a smaller series of oval forms Lu that represent the islands of the keys and the continuous link that ties them together. • The sculpture materials of Acrylic,Glass and Aluminum Structure are very easy to clean with dusting and if needed a damp cloth wipe dawn. ere is a UV protective vinyl that we will be applying over colored vinyl to make the piece fade resistant and colorfast Packet iPg. 840 C.30.a Monroe County Public Library Darcy rrlll a- ShawnTrentlage 1222 4tht KeyWest FL 33040 0 Su5pended Sculpture—Plan ' �. �� ". _.,� %4_111... NNNNNNN NNNNN. I � > 9" r cu r, tV IN LL IR! t # "TI :. , a �`► am CL Lu ��c 1 a a =I LU 4 g �a In, , �f �h� ;'k gpp w .fit S Y 44,t ��I k E4 E �wa.a�n4, `R ! Packet iPg. 841 C.30.a Monroe County Public Ubrary , Darcy Ferrill CL CL Shawn Trentla a esoF that 1222 4th Strepresent the islands nFthe Key west,FL 33040 ` keys end the contirwous Ilnk that Iles them tage3hcr � q � 70 Suspended Sculpture ? 'Landscape �rl 4 �, , 00he oval r }£, £ {�� ( ��y}�-s�` f tt't}it1 t if �tlt J � ��.,V 0.. t View of Sculpture from Above E l✓ � r ) ' t � i.?\ ,��ili}1�� i - _ �����}1� 1i}I�)�11����� c• {�tl»S�� - s- �,�c45 �1 - � i r 13,�?}ln�lt 01 a kk r 1 i r 0 ? ,(�' `} - � .�$��� s�?t s���11U� � -�- — � }��•, L ����,u,�. �s'�=��1�,ti�.�V,��«����,�t�ti h.��'������ sss s t t= ,ti r� 'F'' ?�{�5�, lists fs s� 7 1(I, ti;}f 1412- ;?��it ff u u .b Vrew of Sculpture in the Space CL All LU 1 ID LU sts to ,s,�}y x View of Sculpture from Below Packet iPg. 842 C.30.a -rwtis — ,g C ro v5 ^-4 m Em0 m ;a -n R m m in ® cL 4 70o cl F. cn a�o59 x o V M � _ =i d EP CL w r, o m o (n CL m a (X H ao o o m Z 3 m t„nm °fBm S O .n � g " n A n ego 3 � � C c ai w 2 m O O S' c m `' 00 m to, CS p 3 11 t8 m fool 0 �p 06 _ GSD a -, � {3 3 CV fU 0�1 V ^� CL � r T Nc m m — cn 10 c M � 9 a a m m C9 w lu 00 I ua f!s to o m r cn G) ; O �• C N D p f '�+ m 9 Di £n' h 0 n m o p m m a `3 � r a m C] — n � ; � p LIDO m C7 Ng. � [ I Our W ro O 41 /Zy ; cr o 3CD nl LU CLCL yr ItI a0 e- m � a w o LU a o o a Fra Q Is yr t7 m U 3 @ oLu CL m to -4 N 4W 40 to W i U ~ a � 0999 P Packet Pg.843 C.30.a NON-COLLUSION AFFIDAVIT I of the city according to law on my oat , and under penalty of perjury, depose and say that: 0 c DW 1. lamI G es of the firm of L _ R far the proposer making the Proposal for the project descri be in the notice for calling 2 proposals for and that I executed the said proposal with full authority to do so; 2• The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and y 3• unless otherwise required by law, the prices which have been quoted in this proposal propo have not been knowingly discloseddisclosed the diectl eo a ndi elcltly, to anynotlngly ottherbproposer or N by the proposer prior to proposal opea ning, Y to any competitor; and 4. No attempt has been made or will b to induce any oher person, oadnot tohsubrmp�a rproposai for het purpose of partnership or corporation to submit, restricting competition; and 5 The statements contained in this affidavit are true and correct, and made with full kn ledge of said proje (Date) (Sign tore of Proposer) e STATE OF: COUNTY OF: Subscribe d and sworn to (or affirmed) before me, by means ofrphYsical presence or online ^ (date) notarization, on CL (name of affiant). He/She is personally by (type of identific ;bn) as known to me or has produced LU identification. LU U LIC nuex, tv1ARY WATSON MA / �` Notary Pu�t;c I }J My commission A expires: Y LinnublI CoirrTissior.E wires Jan 31 7023 Packet Pg.844 C.30.a LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE N0. 010-1990 MONROE COUNTY, FLORIDA 0 ETHICS CLAUSE W T (Company) > warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violatio or any E n on 3 ofSect'Ordirnan on 2 of Ordinance No. 010 N990 For boeach or County officer or employee in violation of Section violation of this provision the County may, in its discretion, teurchase pricerminate this , or therwntract hseurecovley W and may also, in its discretion, deduct from ercentagec gift, Or consideration paid to the former the full amount of any fee, commission, percentage, 9 County officer or employee". ns (Signature) Date: STATE OF: ns COUNTY OF: i nd sworn to {°r affirmed) before me, by means ofZ physical presence or online ❑ Subscribed a E (date) notarization, on �'� (name of affiant). He/She is personallyLU by (type of identification) as known to me or has produced LU identification. V ' ems.+" MARY WATSON MARK NO A Y U C �'� Notary PUNG "� ri Minnesota �( My Commission Explrao E �.� My commission expires: ,,,., SEAL) Jan 31.2023 Packet Pg.845 C.30.a CL DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statutes 7.087 hereby certifies that: L G (Name of Business) o 1, Publishes a statement notifying l�ed substancyees e is prohib the ited in ul the rlandospecifying dispensing, possession, or use of a con �.. actions that will be taken against employees for violations of such prohibition. Policy Of 2. Informs employees about the dangers oa�ailabrug ae drug coun obuse in the f g, rehabilitation,I tation, and rkplace, the sempl Yee .N maintaining a drug-free workplace, y assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the C terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo N contendere to,any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5, imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. n3 As the person authorized to sign the statement, i certify that this firm complies fully with the ove requirements. 0 Proposer's Signature 7 ZO7— P Date m STATE OF: Lu COUNTY OF: CL Subscribed and sworn to (or affirmed) before me,.by means cphysical presence or❑ online notarization (date) by (name of affiant). Lu He/She is personally known to me or has produced (t pe,of identification) 1­_ Lu as identification. i� Lu t. OTARY PUBLI _ y P r,I.aRrwArspN r:InRTiN My commission expires: x` NotaryP b } C Minnesota a . My Commission Ex;,res ".... ^. Jan 31.2023 Packet Pg.846 C.30.a PUBLIC ENTITY CRIME STATEMENT who has been placed on the convicted vendor list following a conviction for "A person or affiliate Pro any goods or services to a public public entity crime may not submit a bid on a contract topor ubmit a bid on a contract with a public entity for the construction o tote blc entity, may entity, may not spropertyW public building or public work, may not submit bids on leases of rea r erform work as a contractor,supplier, subcontractor,or CONTRACTOR under not be awarded o p not transact business with any public entity in excess a contract with any public entity, and may amount provided in Section 2g7.017, Florida Statutes, for CATEGORY TWO or y of the threshold dor list." > a period of 36 months from the date of being placed on the convicte I have read the above and state that neither an Affiliate has been placed on the convicted vendor list within the last (Proposers name) nor y thirty-six (36) months. (Signa ure) � N W Date: STATE OF: COUNTY OF: ` Subscribed and sworn to (or affirmed) before me, by means of El physical presence or online e (date) notarization, on h i (name of affiant). He/She is personally E by I v� (type of identification) as 2 known to me or has produced CL identification. NOTARY PUBLI r my commission expires: MARY ATSON MP'RT4N �y Notary Public Minnesota • �CommissicnExGises J80 2023 E Packet Pg.847 C.30.a VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): rifi�;}(atit tZY ]s'at �si7E� u4e r I LV lr Respondent Vendor Name: � o Vendor FEIN: 4 1 Vendor's Authorized Representative Name and Title: W Address: 2�2 i• E ' �o State: 1� Zip: E City: G Lu�G-,EA 111C. C :� Phone Number I Email Address: ,jl� s,.3t�� T2 > .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida SCh tatutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for W goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in N Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which , Florida Statutes, or is engaged in business operations in Cuba or were created pursuant to s. 215.473 Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled `Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on F either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in erations in Cuba or Syria. �i the [ran Petroleum Energy Sector List, or engaged in business l understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may andlor costs. I further understand that any contract with subject company to civil penalties, attorney's fees, the County may be terminated, at the option of the County, if the company is found to have submitted a 0 false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed an the Scrutinized Companies with Activities in Sudan List or the Scrutinize Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations i in Cuba or Syria. E who is authorized Certified By: to sign on behalf the above eference ompany. CL Authorized Signature" .� Print Name: t.( td Title: Note: The List are available at the following Department of Management Services Site: �tlr��'lw�rvv�r_�lrr-�7_t11yf1ori�la.caml�usiness c� eraC���i�s�'state_ ��kr�hastnl'�le_rkci�'�r-��;�fo��il�tat��onlcc�Ewicted suss t ldcr lists ended__dlscrirl7 natory-_.cgrnDi i E MARY WASsotA MAP MARY WATS ��,i3"r�Te NDlar!¢15htilD ,�'�rera �0�1Y lye'" TAinf1050t� !r`�� s s Minnesc•: 's: `` '9 �t,�Commig�lCtt ExAUe t ' l: y amm ' Jan3t 2623 �i M GJan35 tdpoo i Packet jPg. 848 C.30.b ke s We Support We Connect e Promote a We Give FLORIDAK Y w keysart .co COUNCIL OF tS January 30, 2020 Darcy Ferrill & Shawn Trentlage 1222 4th Street Key West, FL 33040 612-781-1225 darcyf@trellage-ferrill.com Dear Darcy and , I i ! CL Your work has been recommended for purchase and installation in the Marathon Library ult Education Center on Marathon Key, Florida. The MonroeCounty in Public Places Committeeof like commission you for original public art basedon your proposal dated January 22, 2020 describeds follo & suspended lass, acrylic and wire sculpture measuring 9 (nine feet) by 4'4" (four feet. four inches) as described and sketched in attachment A andThe completed sculpture ill be installed by the artist team as per engineered ecications Cost includes design, fabrication, travel and installation. i na a provided by Monroe County AIPP (sign age will be providedby the County), totalYour i i r the completedr including installation is $50,000. 2 The next step is for you to please complete ncl sed Vendor File Request Form and W-9, and sendit to Ms. Breanne Erickson. She is your contact r contracts, invoicing n i n , r address is r rickson, Contract Administrator Facilities Development o 1100 Simonton Street# 2-216 y West, FL 33040 - - rickson- r n onro c t - a o Please ro f of liability insurance naming the Boardof MonroeCounty Commissioners n additional insured. The prooff insurance or waiver must attached to the contract before it can be approved. s your insurance nt to send an ORIGINALi t t insurance to Breannerick Alternatively, if you do not have insurance, or prefer to request a waiv r and arewilling t accept all personal liability, and expect very minimal exposure to risk, you may complete the enclosed s for Waiver of Insurance it nts" and return it to Breanne with the other forms noted above. Your art budget will become officialr a contract is drawn up, signed by you, approved by the County Commission (at their next meeting) and signed by the County Mayor. Historic to Building 9 1100 SimontonStreet, Suite 2-263 a KeyWest, Florida 33040 -2 5- 3 9 Fax 305-295 37 info@keysarts.com Packet;Pg. 849 C.30.b executedAn copy will be returned After this approval is acknowledged, you may submit an invoice to Ms Erickson on behalf of the Boardof Monroeon o isso r for your first payment. Your first invoice ill be for one thirdof the commission as your'Design Fee". You are required to include of your proposal showing your plans/design and the agreed- upon rice. The second invoice should include receipts for materials and an appropriate fee for labor, The thirdfinal invoice us include photographic proof of completion. Please send all invoices to BreanneErickson. specific i[ ill be in the contract.) note,Please o itt requests that you do not make anyannouncements or release any information to the Presswithout prior approval of the Executive Director at the Arts Council, Thankyou for being a part of the Monroe County Art in PublicI roject at Marathon Library lt Education Center. If we can assist you with anyi io I questions or information, l let us Best regards, i li abet Y Susannntoio. Chair c it Art in Public Paces Committee FI.. eys Coun lo t rts MonroeCounty 0 2 cc: Breanne Erickson, Facilities v to305-292-4427 Tricia Eables, Assistant County Attorney Packet iPg. 850 ", Monroe County Public Library Darcy Ferrill and Shawn Trentlage 1222 4th St.,Key West,FL 33040 s IT r I t`sT Suspended Sculpture Proposal Qi r xP, �a ® Acrylic/Glass Collage Sample e sculpture is designed to address both vertical and horizontal aspects of the space.Horizontal elements fill the CL long space with art,and vertical elements to express the height of the space.As you enter,the sculpture greets you and you are underneath it almost immediately based on the size of the space,the piece will be enjoyed mostly from below.Viewing it from above will also carry the essence of the design.When viewing the sculpture from below,you can see the layers of ovals,first the energetic and colorful'Lirary'concet piece and then the soothing 'Landscape of the Keys'piece.Passing through the Library and Landscape oval portion of the sculpture are a series of smaller oval elements that represent the islands of the keys.There is a line of structure that connects the vertical o elements together,much like Key Largo to Key West.It also abstractly maps the location of the Library. • The Oval form is used because it is an expanding form that can radiate outward and inward to infinity,much like a Library expands peoples visions,lives and experiences. • Words and images are used within the loer'Library'Oval to further support a Library's opportunities and who it serves. • Libraries are like gardens of knowledge,learning,playing,inspiring and yet also calming. • Libraries are very rich with ideas and information that can lead one on a great Journey of development and , knowledge. i • The'Lirary'Oval element is represented with bright colors with many of them overlapping,to create a dynamic and rich piece.This element spears about the library as a place of discovery,learning,sharing inspiration and journey.This journey creates a landscape that is continuously growing and changing in which you will see and experience new things. • The playful overlapping of layers and colors represent the collage of the library,who it serves,the community, the history of the Keys,creative people of the Keys and interconnected landscapes. • The Upper Oval is again an expanding oval form.It is a ey's Collage of the landscape of the Keys and as a whole interconnected place. • The Upper Oval is meant to recall the beauty of nature and the joy of relaxation,dreaming and new visions. • The Upper Oval also represents the calming and restful nature a library can give to the people it serves in the Keys. • The calm Library Landscape element represents and recalls that a library can be a place that is full of thoughtful introspection and comfort. • The Upper Oval suggests the joy,peace and understanding of how powerful and enlightening a Library and its internal landscape can be. • The'Lanscae of the Keys'Upper Oval speaks to how nature and community are interwoven. • Passing through the'Landscape of the Keys'Upper Oval and the'Library'Oval are a smaller series of oval forms that represent the islands of the keys and the continuous link that ties them together. • The sculpture materials of Acrylic,Glass and Aluminum Structure are very easy to clean with dusting and if needed a damp cloth wipe down.There is a UV protective vinyl that we will be applying over colored vinyl to make the piece fade resistant and colorfast. Packet iPg. 85'1 C.30.b Monroe Public Library Darcy rrilI Shawn Trentlage 1222 4th St Key West,FL 33040 Suspended Sculpture—Plan W .0 I � „ O" I U_ CL CL ' C2 u:Ai LL LL �„ ,� .z ....... „ y' i, I ­_,, „ i et t Packet;Pg. 852 Monroe County Public LibraryC.30.b Darcy Ferrill PT ���� P�.� Shawn TrentlageSeries of oval forms that 1222 4th St represent the Islands of the Key West,FL 33040 4 keys and the continuous link that ties them together r Suspended Sculpture 'Landscape 66W� ..�.vof the Oval �, ; 71W;\l�S � wbrary�tll��sv�nt g IIa , s� � r t 5 - � ' r i \}{ls Z is£i�3 z£t� i£ 53's \ fi (]I/� { i ist sr l{� ( 1 a n n it\(rpJ _ S 1f s 3 lit �..... �w LL View of Sculpture from Above a. III`���£s�l�st ittS�SZ{ltyl\ �, l`S 4�{{ ( - "�� 1t4�: \4i P�1\�1��{�� 7 <�-_ ���sr ft t t ti✓t l(����(�S��I�,II �.- `i} �� ���f �ib>. �yrl�l�lls�ljtlsd t£tisA r�s, sF rl ! I is -- tit 5 si t� tjly �� ��� 0 1{ his j trey tl}is:;l��il�1s ss�arssfs s �rf H�,f, }�� P l ��\£ y £1 s Est � LL 1UAS 1�3 i i�sy li tylrt£4. `f1 51��i yi shy r��{ it\is it ftti t���\�til� ��:. 1.1_ E 5 ' ,�, ?`� t,r� '� Itir�£.„,4 4 t'S � > View of Sculpture in the Space 0 'SNP sit FW S t £tt .. E xlf li ht s AT pn, Ak ' View of Sculpture from Below PacketiPg. 853