Item C10 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2014 Division: Public Works/En in�g_
Bulk Item: Yes X No Department: Project Magg ement
Staff Contact Person/Phone#:Kevin Wilson X8797
AGENDA ITEM WORDING: Approval of a contract with David Harrison Wright for artwork at the
Stock Island Fire Station through the Art in Public Places Program. This contract is fimded by fund
308 revenue bond.
ITEM BACKGROUND: On November 13, 2013 the Art in Public Places Committee opened bids for
artwork at the Stock Island Fire Station. David Harrison Wright's artwork was awarded the most
points out of four 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: $21,53000_ INDIRECT COST: 'BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $21,530.00 SOURCE OF FUNDS: Fund 308
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#
PAI Y .._
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: David Harrison Wright Contract#
Effective Date: 2 9/14
Expiration Date:
Contract Purpose/Description:
Artwork thru the Arts in Public Places Pro tarn for the Stock Island Fire Station
Contract Manager: Ann Riger X4439 Project M mt/Sto #1
(Name) (Ext.) (Department/Stop#)
for BOCC meetin on 02/19/14 Agenda,Deadline: 02/04/14
CONTRACT COSTS
Total Dollar Value of Contract: $ $21,530.00 Current Year Portion: $ $21,530.00
Budgeted?Yes® No❑ Account Codes: 308-26006-560620-CP0801-530340
Grant: $ - - - -
County Match: $ -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above a maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In
Division Director Yesn eview
r
Risk Management Yes ]NoC]� `rt
O.M.B./Purchasing `y—+4 Yes❑No0 2-g-,q
County Attorney ol/ I Yes[]No(��1
Comments:
OMB Form Revised 2/ 7/01 MCP#2
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Monroe County Art in Public Places Award Aereement
This AGREEMENT dated the 19`h day of February, 2014, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter
"County", and DAVID HARRISON WRIGHT, 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 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 and installation of artwork at the Stock Island Fire Station;
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 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 7, 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:
Two painted exterior walls as described in the Artist's proposal dated November 13,
2013. The two opposing walls on the exterior of the Stock Island Fire Station will be
painted with "a modernistic abstract design based on the historical dazzle camouflage
painting". See attached description and rendering.
Artist shall confer with and coordinate activities with Captain Leonard on the job in order
to insure that there is as much cooperation and cohesiveness in the incorporation of the
art into the building so that there shall be the least amount of interference between the
Artist and the Fire Rescue Personnel.
3, AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount
not to exceed$21,530.00 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
Art in Public Places— Stock Island Fire Station- Wright
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)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 .45 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$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,)C g1pL(ke1 ;. 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.
_�� �al ca st mr ci a 1 � r iitrta� mm.fc lm tl c Tyr a ec.mmt and 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).
E. Transportation of the work to the site(see above paragraph 3, item 2).
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
1. 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
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
2
Art in Public Places— Stock Island Fire Station- Wright
n
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 the Board of County
Commissioners for Monroe County.
T 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, 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 regarding 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.
3
Art in Public Places—Stock Island Fire Station- Wright
12. TERMINATION: This agreement shall terminate pursuant to Paragraph#l.
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 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.
4
Art in Public Places— Stock Island Fire Station - Wright
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, 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
5
Art in Public Places— Stock Island Fire Station- Wright
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:
David Harrison Wright Florida Keys Council of the Arts
2507 Harris Avenue 1100 Simonton Street
Key West, FL 33040 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 statues 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 terms 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 contractor 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 this page left intentionally blank. Signature page to follow as page 7)
6
Art in Public Places—Stock Island Fire Station- Wright
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:
I VID 1I [t SON WRIGH
Ir
Signature /!1 r1 'Signature
C.
Print Name Print Name
DATE: 2''I Z,
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S tgnure MONROE COUNTY ATT011
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DATE: 'L 2—Ci
NATtCEENE W. KASKSEt�
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Date
STATE OF wow,
COUNTY OF
Oil this �� " � day of"--r- 2 �.,, bl lore inn,the undersigned III public,
personally appeared David Harrison Wright known to me to be the l�etson whose name is
subscribed above or who produced-------
;�? �._.....—as identification, and
acknowledged that he/she is the person w o executed the above contract with Monroe County for
the artwork at the STOCK ISLAND FIRE STATION#8 for the purposes therein contained.
Notar °Public
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7
Art in Public Places— Stock Island Fire Station - Wright
Monroe County Art In Public Places
REQUEST FOR PROPOSALS
Application Cover Sheet
Date: �� Z613
Applicant Contact 'I'nformaAr*41%
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Phone(s): o
E-Mail: � ►l e.
Website: yy 139 wrj� � . Cor►�►
Monroe County resident: Yes No
(If yes, please attach proof of residency.)
Total Budget/Cost: 4_..?
Total Number of Art Pieces included in proposal:
Please briefly describe the following if applicable; if not applicable indicate with N/A.
Special lighting required: 'i'p b t re�4 I
Other special requirements: i +�
Type/amount of project access desired:
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Installation time required: r d c
Maintenance requirements: WOK
Artist maintains a $300,000 liability insurance policy Ye / No If no, please explain.
Please check the following items to indicate they are attached:
V Written proposal.
r Itemized budget.
Concept drawings; 5 pages maximum (8.5" x 11") including color sketch or digital rendition.
Digital images PDF or JPG not exceeding 75dpi — 5 images maximum.
If 3-dimensional art proposal, one small model.
Note: Support materials will not be returned to the applicant without prior pre-paid shipping.
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Proposal for Monroe County Art in Public Places
Stock Island Fire Station
After walking around the new Monroe County Fire Station on Stock Island and admiring the building's
design and placement on the site, I began to imagine just what kind of art would complement the
architecture. Two exterior walls were designated for artwork: a 22-foot vertical wall and two long,
horizontal, curving walls. It seemed important to visually connect these walls and make them part of
the overall design.
However,the artistic challenge of unifying this space called for a non-traditional approach. Instead of
trying to harmoniously blend these two opposing shapes into one design, I decided to break up the flat
wall space with a modernistic abstract design based on the old dazzle camouflage painting. I was
inspired by very creative maritime artists who painted naval ships a century ago.
During World War I, artists turned naval fleets into the largest painting canvases in the world. German
U-boats were sinking huge
numbers of ships and there was WAR crovca °m,
no effective defense. While
most camouflage is based on
the idea of concealment, dazzle
camouflage painting uses ` �` ,w • i4
abstractions to cloak the ships
by seemingly creating more
movement. The patterns of
random diagonals, zigzags, and
stripes of bold colors, seemed to
be a mash-up of unrelated
components. However, these
brightly contrasting geometric
designs made it much harder for U-boat captains to determine the ship's course and fewer ships were
torpedoed.
Dazzle camouflage painting
boosted the moral of allied seamen
as well as capturing the
mow. imagination of artists and the
public alike. During the war, most
of the British patterns were
created by women from London's
. . Royal Academy of Arts. Their
"
designs were scaled up for the
Aki dockyard painters.
Below is a full color painting of an actual ship with dazzle camouflage.
These creative and fanciful designs inspired me to design the painted walls of the new Fire Station in
these dazzle patterns. The bold, geometric lines and spaces in bright colors make an unexpected
impression on the visitor, and create a strong focal point for the building.
1
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