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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2014 Division: Public Works/Enaineering Bulk Item: Yes X No Department: Project� Man�a)erngnt Staff Contact Person/Phone #:Kevin Wilson X4616 AGENDA ITEM WORDING: Approval of a contract with Fran Decker for artwork to be installed in the lobby expansion of the Freeman Justice Center. This contract is funded by the infrastructure sales taxes. ITEM BACKGROUND: On August 11, 2014, the Art in Public Places Committee selected three acrylic paintings on canvas from Fran Decker to be installed on the main lobby wall in the Freeman Justice Center. Fran Decker submitted her proposal for the three paintings through the competitive Request for Proposals for Art in Public Places that were due on or before July 23, 2014. 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 $5 00,000 or renovations exceeding $100,000 in cost. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: 2 000...0.0 INDIRECT COST: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $2.000.00 SOURCE OF FUNDS: Fund 308 REVENUE PRODUCING: Yes— No-- AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Puxchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # PM 3F3 Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUi�+'l/�J,�"'l�' Contract with: Fran Decker Contr Effective.bate: 1 Expiration Date: Contract P crip tion: To install three LcMlic paintings in the newly gganded lobby of the Freeman Justice Contract Manager: Ann Riger X4439 Project M ; t(Sto #1 (Name) (Eat.) (Department/Stop,#) for BOCC meetim on 10/ /14 enda Deadline: W/30/14 CO COSTS Total Dollar Value of Contract: $ 2,000.00 Current Year Portion: $ 2,000.00 Budgeted?Yes® No❑ Account Codes: Grant:$ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: l+ld included in dollar value sbovel a n �, ,uailitie ,M �1 . CO ACT REVIEW Changes Date Out Date In Needed ..Division Director YesM NoQ U- G-jq Yes❑Risk Mana enentNoEl' O.M.BJP`Urc `ing � i� Yes NoEl County Attorney J 4� lt Yes[]No A Comments: Old Fbrm Rev 7 1 MCP#2 i Monroe County Art in Public Places Award Agreement 1-y- This AGREEMENT dated the'1,5�h day of October 2014, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter"County", and FRAN DECKER,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 Mon-roe 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 newly expanded Freeman Justice Center Lobby; 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: I 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 8, 12, and 13 below. All work for which AIPP funds are to be expendcd must be completed by the stated termination date. 2. SCOPE OF AGREEMENT: The Artist shall provide An acrylic on canvas painting titled "Mangrove Sunset",, measuring 40" tall and 30"wide, depicting a sunset in the Sugarloaf Keys with an image attached. An Acrylic on canvas painting titled "Fly Away Home", measuring 22"tall and 28"wide, depicting birds flying against sunset clouds with an image attached An Acrylic on canvas painting titled "Three Little Birds" measuring 24" tall 9 and 24"wide depicting a seagrape tree with birds, and an image attached. Artist shall confer with and coordinate activities with Willie Desantis on the job in order to insure that there is as much cooperation and cohesiveness in the t Art in Public Places-FJC Lobby Expansion incorporation of the art into the building so that there shall be the least amount of interference between the Artist and Court Personnel. 1 AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount not to exceed $2,000.00 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 in a lump-sum amount of$2,000.00 after installation of the artwork and acceptance by the County, and documentation to satisfy the Clerk,payment shall be made. Eliggible costs and expenditures for the proJect 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) a.) E. Transportation of the work to the site (see above paragraph 3, item 2) a.) F. Installation to the site G. Permits and fees necessary for the installation (applicable for exterior projects which also require HARC review) H. Legal costs directly related to the project I. Liability costs of artist Payment shall be made upon presentation of an original invoice and documentation necessary to support the completion of the work. Artist shall also provide a release of lien if applicable. 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. 2 Art in Public Places—FJC Lobby Expansion 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 3 Art in Public Places —FJC Lobby Expansion 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 can-not 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 4 Art in Public Places—FJC Lobby Expansion 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, 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 5 Art in Public Places—FJC Lobby Expansion • 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: $200,000 per Person $300,000 per Occurrence $200,000 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: Fran Decker Florida Keys Council of the Arts 1102 A Duval Street 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 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 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. 6 Art in Public Places—FJC Lobby Expansion (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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) Attest: Amy Heavilin,Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA By: By: Deputy Clerk Mayor/Chairman ARTIST: WITNESS TO ARTIST: FRAN DECK By: By: . tran Decker Date: Print Name: 4� 4 Date: ......... STATE OF T),e�,C COUNTY OF L On this day of m r" 2 0, before me, the undersigned notary I'll, I'll public, personally appeared F _I" 0�ee known to me to be the person whose name is subscribed above or who produced T as identification,and acknowledged that heq:yF is the person who executed the above contract with Monroe County for the artwork at the new expansion of the Freeman Justice Center Lobby for the purposes therein contained. Notary Public MONROE COUNTY ATTORNEY PPIROVED AS T FIORW ATILEENE W, CASSEL ASSISTANT COUNTY ATTORNEY PROVED A F'l R M —CA ILE 4AL NE My Commission Expires 0 a te . ANN M.RICER Notary Public-State of Floorlda I MY Comm.COmm.Explreg Jul 24,2016 Commission#EE 219114 Bonded'Through National Nolary Assn. 7 Art in Public Places—FJC Lobby Expansion 1996 Edition MONROE (COUNTY, FLORIDA mar 4iiBi�� are r�I�r�ra�r ,rrfi 715111, Request For Waiver qreque of Insurance Requirements It isthat the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract, Contractor: Fran Decker Contract for: Freeman Justice Center L obb Address of Contractor. 1102A Duval St Ke West FL 33040 Phone: 30 - g-1 g1i Scope of Work: Install three security hangers in the wall and hang three gaintings, Should take 30 min no ladders or oower tools re uired. Reason for Waiver: no insurance, Policies Waiver Workers Compensation and General Liability will apply to: m "yP r�r Signature of Contractor: Fran Decker Approved, Not Approved A , Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Administrative Instruction WAIV REQ.DOC #4709.3 We Support • We Connect • We Promote 9 We Give FLORIDA KEYS COUNCIL OF THE www.keys,arts.com arts August 22, 2014 Fran Decker 1102 A Duval Street Key West, Florida 33040 305-849-1581 fran@frandecker.com Dear Fran, Congratulations! Your work has been recommended for purchase and installation in the Main Lobby at the Freeman Justice Center in Key West. The Monroe County Art in Public Places committee would like to commission your proposal for: Three original acrylic paintings on canvas titled: "Mangrove Sunset", "Fly Away Home" and "Three Little Birds". These paintings will be installed and hung by you with security hangers (provided by the Arts Council) on the main lobby wall areas #11, #2 and #3 as described in the RFP. The total commission price is $2,000. To get things started, please complete the enclosed Vendor File Request Form and W-9, and send it to Ms. Ann Riger. She is your contact for contracts, invoicing and payment. Her address is: Ann Riger, Contract Administrator Facilities Development 1100 Simonton Street# 2-216 Key West, FL 33040 Please provide proof of insurance naming the Board of Monroe County Commissioners as an additional insured. The proof of insurance or waiver must be attached to the contract before it can be approved. Ask your insurance agent to send an ORIGINAL declarations page to Ann Riger. Alternatively, if you do not have insurance, or prefer to request a waiver and are willing to accept all personal liability, and expect very minimal exposure to risk, you may complete the enclosed "Request for Waiver of Insurance Requirements and return it to Ann Riger with the other forms noted above. Your art budget will become official after a contract is drawn up, signed by you, approved by the County Commission and signed by the County Mayor. An executed copy will be returned to you. Historic Gato Building * 1100 Simonton Street, Suite 2-263 - Key West, Florida 33040 305-295-4369 * Fax 305-295-4372 e info@keysarts.com Afterthis approval is acknowledged, you may submit an invoice to Ms Riger on behalf of the Board of Monroe County Commissioners for your first payment. Your first invoice will be for one third of the commission as your "Design Fee". You are required to include a copy of your proposal showing your plans/design and the agreed- upon price. The second invoice should include receipts for materials and an appropriate fee for labor. The third and final invoice must include photographic proof of completion. Please send all invoices to Ann Riger. (More specific details will be in the contract.) Please note: the Committee requests that you do not make any announcements or release any information to the Press without prior approval of the Executive Director at the Arts Council. Additionally, once the County Commission approves this commission, the Committee requests that no copies of these original paintings are made and sold to the general public. Thank you for being a part of the Monroe County Art in Public Places Project at the Freeman Justice Center. If we can assist you with any additional questions or information, please let us know. Best regards, Elizabeth S. Young Susann D'Antonio, Chair Executive Director Art in Public Paces Committee Fl. Keys Council of the Arts Monroe County cc: Ann Riger, Facilities Development, 305-292-4439 Monroe County Art In Public Places REQUEST FOR PROPOSALS Application Cover Sheet Freeman Justice Center Date., /�2+ This 'Proposal is for Site A — Main Lobby Applicant Contact information: Nainne: Address: -2 3 Phone(s): E-Mail: Website: Monroe County resident: Yes No— (If yes, please attach proof of residency.) Total Budget/Cost: , --t -), 0 o 0 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: -Voo"e. Other special requirements: 410VI-e- Type/amount of project access desired: 0�A V- wi Installation time required, _3 0 vy, 1"V1 Maintenance requirements: //tf 0 V)'e— Artist maintains a $3010,000 liability insurance policy: Yes /cl!9) If no, please explain. Please check the following items to indicate they are attached: I Writtein proposal. Lf�itemized budget, dC'Oncept drawings; S pages maximum (8.5" x 11") including color sketch ar digital rendition. �Digital images PDF or ]PG not exceeding 75dpi - 5 images maximum. u If 3-dimensional art proposal, one small model. Note: Support materials will nQt be returned to the applicant without prior pre-paid shipping, 51,kyrrat; �.onfirn*Ng that all information provided for this application is true and ..............Artist or head of organization Type or print namete Fran Decker Freeman Justice Center RFP Site A- Main Lobby Fran Decker 600 Elizabeth St Key West FL 33040 305-849-1581 www.frandecker.com franAfrandecker.com Written Proposal: For#1 Wall area, I propose "Mangrove Sunset", an acrylic on canvas painting measuring 40" tall and 30" wide, This painting depicts a sunset in the Sugarloaf Keys and an image is attached. For#2 Wall area, I propose "Fly Away Home", an acrylic on canvas painting measuring 22" tall and 28" wide. This painting depicts birdsy flying against sunset clouds and an image is attached. For#3 Wall area, I propose"Three Little Birds", an acrylic on canvas painting measuring 24" tall and 24" wide. This painting depicts a seagrape tree with birds and an image is attached. These are painted on gallerywrap canvas without frames and are fully finished and painted on the edges. The paintings are in serene Keys colors of blues,greens, lavenders and pinks and depict scenes of the Florida Keys. These paintings will calm visitors white giving them a beautiful image of the Keys. Each painting will be lightweight, weighing approximately 5 lbs and can be secured with a small drywall screw. The installation should be simple and take30 min. The paintings do not require special lighting or maintenance. Paintings that I completed in the 1970's are just as vibrant today as when I painted them. No access is needed other than installation Itemized Budget: Materials including canvas, paint, hanging hardware, artist time and labor: 41 Wall Area $800 42 Wall Area $700 #3 Wall Area $500 You may choose any one of or any combination of paintings separately from the rest. 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