Item C8 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19 2014 _ Division: Public Works/En isic ring,
Bulk Item: Yes X No Department: Project Management
Staff Contact Person/Phone #: Kevin Wilson x8797
AGENDA ITEM WORDING: Approval of a contract with W.B. Thompson for artwork at the Key
West International Airport through the Art in Public Places Program. This contract is funded by Key
West Airport funds.
ITEM BACKGROUND: The new terminal at the Key West Airport took place beginning in 2007.
There were artists participating in the Art in Public Places Program then, but there remains an unspent
budget of approximately $3,000 for artwork. The Art in Public Places Committee wishes to utilize
those funds, and on September 19, 2013 opened bids for artwork in the completed airport terminal.
W.B. Thompson's artwork was recommended the contract, scoring the most points out of seven artists
who submitted proposals. Points were awarded on certain selection criteria such as quality, endurance,
site compatibility, character& environment of the Florida Keys, and local residency.
PREVIOUS RELEVANT BOCC ACTION: Ordinance #022-2001 establishes funding of art in new
public construction and major renovations projects. 1% of the construction costs for County
construction, except for any sewage treatment plant, shall be set aside for the acquisition, commission,
installation and maintenance or works of art in said buildings. This appropriation shall apply only to
new construction exceeding $500,000 or renovations exceeding $100,000 in cost.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: , 2 200.00 INDIRECT COST: 'BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $2 200.00 SOURCE OF FUNDS: Fund 405
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM# C8
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: W.B.Thompson Contract#
Effective Date: 03/19/14
Expiration Date:
Contract Purpose/Description:
Artwork thru the Arts in Public Places!!R&mm for the Key West International
[Contrmait Manager: Ann Ri X4439 Pro'ect M t/Sto #1
(Name) (Ext.) (Dapatm®t/Stop#)CC meeting on 03/19/14 ___Agqoa Deadline:03/04/14
CONTRACT COSTS
Total Dollar Value of Contract:S M20.00 Current Year Portion:S 2 00.00
Budgeted?Yes® No❑ Account Coda:
Chant:$ _
County Match: $ -
ADDMONAL COSTS
Estimated Ongoing Cost:Steyr For:
cat imckdad in dotlar va=abo mimmm utaides
CONTRACT REVIEW
Changes Date Out
Date In Needed R
Division Director Yes[]No[D
Yes t o Z�
.
Risk Management ,
O.M.B»/ g YesEl No(d
County Attorney Yes[]No
Comments:
Ofiffi Form Revind 2127101 MCA'#2
Monroe County Art in Public Places Award Agreement
This AGREEMENT dated the 19s' day of March 2014, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter"County", and W.B.Thompson,hereinafter"Artist',
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2-
322(A), provides for an appropriation of 1% of the construction costs for new
construction exceeding$500,000 and renovations exceeding$100,000;and
WHEREAS, the Ordinance established an Arts in Public Places (AIPP)
Committee to advise the County Commission regarding art to be acquired and installed in
each public construction project subject to the AIPP allocation;and
WHEREAS, the AIPP Committee has selected and recommended to the BOCC
one or more artists for this project;and
WHEREAS, the AIPP Committee has a balance remaining of the 1%
appropriation for the new terminal building project at the Key West International Airport;
and
WHEREAS, the Board of County Commissioners of Monroe County have
determined that it is in the interest of the promoting the understanding and awareness of,
the visual arts to contract for the creation grid installation of artwork at the Key West
International Airport;
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.
L AGREEMENT PERIOD: This agreement is for a period of ninety(90)days after
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 6, 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
"Coral Form Flying Fish" mixed media assemblage designed to dynamically
fill the space above the ticket counters of the airport with a vibrant coral
garden enhanced and enlivened by cut out mixed media fantasy fishes.
Artist shall confer with and coordinate activities with Larry Flowers on the job in
order to insure that there is as much cooperation and cohesiveness in the
1
Art in Public Places—Key West International Airport
incorporation of the art into the building so that there shall be the least amount of
interference between the Artist and Airport Personnel.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed $2,200.00 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) Materials: 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 to Florida State Statute 112.061,or as described in 2)a
below:
2)a Travel: All travel expenses shall be reported on a State of Florida Voucher
for Reimbursement of Travel Expenses. If Artist has airfare, the
original boarding pass, or equivalent, must be attached to the
Voucher. If Artist is in vehicle, mileage must be reported on the
Voucher. Mileage is reimbursable at .445 cents per mile. Meals
are to be reported as follows: Breakfast — when travel begins
before 6 am. and extends beyond 8 am. for $6.00; Lunch—when
travel begins before 12 noon and extends beyond 2 p.m. for
$11.00;and Dinner—when travel begins before 6 p.m. and extends
beyond 8 p.m. for$19.00.
A State of Florida Voucher for Reimbursement of Travel Expenses
is attached and made part of this contract.
3)Completion: 33.3%final payment due when installation is deemed complete
and contractual agreement specifications are verified by the
Monroe County Project Management Department or designee.
Eligible costs and ex endatures for the pr
oject !Ind the total award include but are not.
limited to:
A. Artist's design fee
B. Labor,materials,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 2)a.)
E. Transportation of the work to the site(see above paragraph 3, item 2)a)
F. Installation to the site
2
Art in Public Places—Key West International Airport
G. Permits and fees necessary for the installation (applicable for exterior projccts
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 a release of
lien if applicable.
Final payment request must be submitted no later than 60 days after the completion of the
project.
4. OWNERSHIP and RIGHTS: Upon the installation of the artwork, County shall
own the artwork and all rights related thereto fully and completely.
5. RECORDS: The Artist shall keep such records as are necessary to document the
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.
6. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the
terms of this agreement shall be only amended in writing and approved the Board
of County Commissioners for Monroe County.
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 the 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.
8. 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 their officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages, costs,
3
Art in Public Places—Key West International Airport
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. ANTI-DISCRIMINATION: The Artist agrees that they will not discriminate
against any of their employees or applicants for employment or against persons
for any benefit or service because of their race, color, religion, sex, national
origin, or physical or mental handicap where the handicap does not affect the
ability of an individual to perform in a position of employment, and to abide by
all federal and state laws regatding non-discrimination.
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 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.
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
4
Art in Public Places—Key West International Airport
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 he has not employed, retained or
otherwise had act on his 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.
17. 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 or 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 Section 287.017, for CATEGORY TWO for a
period of 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 are 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.
At all times during the term of the agreement and for one 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 renewal,
S
Art in Public Places—Key West International Airport
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 Inured" on all policies except worker's
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 through out 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;
$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 his
agreement or related hereto shall be addressed and delivered as follows:
For Artist For County:
6
Art in Public Places—Key West International Airport
W.B.Thompson Florida Keys Council of the Arts
P.O.Box 9217 1100 Simonton Street
St.Thomas,Virgin Islands 00801 Key West,FL 33040
and
County Attorney
P.O. Box 1026
Key West,FL 33041-1026
22. PUBLIC RECORDS: The Artist agrees to comply with all requirements of Chapter 119 of
the Florida Statutes and specifically:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terns and conditions that the
public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the artist upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be
provided to the public agency in a format that is compatible with the information
technology systems of the public agency.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW ON PAGE 8
7
Art in Public Places—Key West International Airport
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the
day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN,CPA,CLERK OF MONROE COUNTY,FLORIDA
By: By: .......-----
Deputy Clerk Mayor/Chairman
WITNESSES: ARTIST:
W.B.Thompson
..............
STATE OF
COUNTY OF ....... ..........................
On this—day of 200. before me, the undersigned notary public,
personally appeared- _ known to me to be the person whose name is subscribed
above or who produced .........__ as identification,and acknowledged that he/she is the
arson who executed the above contract with Monroe County for the artwork at the KEY WEST
INTERNATIONAL AIRPORT for the purposes therein contained.
Notary Public
Ainie .....................
My Commission Expires
E I OU A7T *4'�
A ED
PESO J. EACAD 0
ASSISTAfq , , '�kl' N-0,0, y7m
8
Art in Public Places—Key West International Airport
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
„ „
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its
behalf any former County officer or employee in violation of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this Agreement without liability and may also, in 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 County officer or
employee".
(Signature)
Date: ( °L
STATE OF: �"�
COUNTY OF:
Subscribed and sworn to or affirmed before me on
(date) by ^"`. to or has produced �.�, �.���. ....i,�a�t����� ot"al` ant`) hIe/�.° � is
personally knownp ......
as identification. (type of identification)
NOTARY PUBLIC
My commission expires:
PAMEUI G.HANCOCrC
,� z"� MY COMMISSION 1k EE 144139
�, . � EXPIRES:February 7,2016
k k9onded Thru Notary Publ�Undenvritery
NON-COLLUSION AFFIDAVIT
of the city of �T w V_ .....�1 C�
c�orlIngt.ac law on n; oath, and under the
of perjury, depose and say that:
1. I am _
� �_.: �:.
of the firm of
the bidder making the Proposal for the project described in the Request for
t ual. tications for:
and that I executed the said proposal with �p full authority to do so;
2. the prices in this bid 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 bidder or
with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the
purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in thi al'f davit in awarding contracts for said project.
(Signature of lie 1 _ (Datc)
STATE OF: Cn ` a
COUNTY OF: ®ter®
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Vv"'. J� .
who, after first being sworn by me, (name of individual signing) affixed
g space p �'-da of
hisl��r signature ���tl�c �ac+�s provided above o11 this �° .._
20 ."
... °
NOTARY PUBLIC
My Commission Expires:
r"N, PAMEU G.HANM
SAY COMMISSION N EE 144139
EXPIRES:February 7,2016
Bonded Thru Notary Public Underwriters
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
U L <
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction of,
or plea of guilty or nolo 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. Impose 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. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
4
espondent's Si rr ture
1 2Z j
Date
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 a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract 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, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read and acknowledge the Public Entity Crime Statment
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Travel Ordinance Mileage Ordinances
Travel Ordinance (017-2008)
Breakfast—when travel begins before 6 A.M. and extends beyond 8 A.M.
Lunch —when travel begins before 12 noon and extends beyond 2 P.M.
Dinner—when travel begins before 6 P.M. and extends beyond 8 P.M. or
Breakfast $ 6.00
Lunch $11.00
Dinner $19.00
Class A travel — continuous travel of 24 hours or more away from official
headquarters.
Class B travel — continuous travel of less than 24 hours which involves overnight
absence from official headquarters.
Class C travel —travel for short or day trips where the traveler is not away from
his or her official headquarters overnight.
Mileage Ordinance (028-2006)
Mileage - .445 cents per mile
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