Item C18BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17, 2011 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenance
Staff Contact Person John King, (305) 292-4531
AGENDA ITEM WORDING: Approval to execute an artist agreement with Gene S. Tinnie to provide
Phase III design drawings and construction specifications for the African Cemetery Memorial Project.
ITEM BACKGROUND: The African Cemetery Memorial Project was begun in FY 2005 with DAC I
approval of $25,000 funding for a concrete slab with ADA ramp. Phase II $118,500 grant application
was approved by DAC 1 in July 2007 to construct specialty handrails; plaques, mosaics, shrine platform
and structure, engrave compass rose and obelisk. The next phase, Phase III, was approved by DAC 1 in
July 2010 for $78,000 to provide stair riser artwork, tile work, etchings, stain and colors, as required.
Phase III requires artist design drawings and construction specifications for the shrine structure.
PREVIOUS RELEVANT BOCC ACTION: On March 19, 2008, the BOCC approved commissioning
artist services for Phase II of the African Cemetery Memorial Project. On July 15, 2009, the BOCC
approved an agreement for concrete scoring and coloring for the Project. On June 16, 2010, the BOCC
approved an agreement for installation of ornamental fencing at the Project site.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $15,600.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: budizeted SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty / OMB/Purchasing Risk Management
DOCUMENTATION: Incl ed X Not Required
DISPOSITION:
Revised 1/09
AGENDA ITEM #
M E M O R A N D U M
DATE: July 14, 2011
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item —August 17, 2011 BOCC Meeting
Approval to execute Artist Agreement with Gene S. Tinnie
for Phase III Design Drawing and Construction Specifications
at the African Cemetery Memorial Project, Higgs Beach, Key West.
The African Cemetery Memorial Project was begun in FY 2005 with DAC I approval of $25,000
funding for a concrete slab with ADA ramp. Phase II $118,500 grant application was approved by
DAC 1 in July 2007 to construct specialty handrails, plaques, mosaics, shrine platform and
structure, engrave compass rose and obelisk. The next phase, Phase III, was approved by DAC 1
in July 2010 for $78,000 to provide stair riser artwork, the work, etchings, stain and colors, as
required. Phase III requires artist design drawings and construction specifications for the shrine
structure.
Previously, the Board of County Commissioners has approved commissioning artist services for
Phase 11 of the African Cemetery Memorial Project on March 19, 2008; approved an agreement for
concrete scoring and coloring for the Project on July 15, 2009, and approved an agreement for
installation of ornamental fencing at the Project site on June 16, 2010.
I hereby recommend approval to award bid and execute an artist agreement with Gene S. Tinnie
for services at the African Cemetery Memorial Project in Key West.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Gene S. Tinnie Contract #
Effective Date:
BOCC approval
Expiration Date:
60 days from date
approved
Contract Purpose/Description:
African Cemetery Memorial at Higgs Beach — artist agreement
Contract Manager: Jo B. Walters 4549 Facilities Maint/Sto #4
(Name) (Ext.)
(Department/Stop #)
for BOCC meeting on 08/17/11 Agenda Deadline:
08/02/11
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,600.00 Current Year Portion: $ 15,600.00
Budgeted? Yes® No ❑ Account Codes: 117-77040-TM17615X-530340
Grant: $ N/A - - - -
County Match: $ N/A - - - -
Estimated Ongoing Costs: $_
(Not included in dollar value above
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
ADDITIONAL COSTS
/yr For:
CONTRACT REVIEW
Changes Date Out
Dat In Needed Reviewer
( Yes❑ No� S
�C! Yes❑ No�
Yes❑ NoZ� 0fi g i ll
Yes❑ N(J2
OMB Form Revised 2/27/01 MCP #2
DESIGN AND PLANNING SERVICES AGREEMENT
BETWEEN
MONROE COUNTY AND GENE S. TINNIE
This AGREEMENT dated the/= day of �(, 2011, is entered into by and
between the BOARD OF COUNTY COMMISSIONPERS FOR MONROE COUNTY.
HEREINAFTER "County", and GENE S. TINNIE, hereinafter "Artist" or "Contractor".
WHEREAS, Monroe County submitted an application for bricks and mortar/capital
projects grant to DAC I for the second phase of the African Cemetery Memorial Project;
and
WHEREAS, as its regularly scheduled meeting on July 14, 2010, DAC I approved
funding for the next phase of the African Cemetery Memorial Project and approved the
design concept submitted by the African Cemetery Memorial Committee: and
WHEREAS, the Board of County Commissioners of Monroe County has
determined that it is in the interest of promoting the understanding and awareness of the
visual arts to contract for the creation and installation of artwork as part of the African
Cemetery Memorial Project.
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 the period beginning August 17,
2011, or date approved by the Monroe County Board of County Commissioners, through
60 days subsequent to date of issuance of Certificate of Occupancy or Certificate of
Completion of this phase of the African Cemetery Memorial Project. 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 5, 87 12 and 13 below. All
work for which AIPP funds are to be expended must be completed by the stated
completion date.
2. SCOPE OF AGREEMENT. The Artist shall provide. -
a) Design drawing and construction specifications for the shrine structure at
the African Cemetery Memorial plaza, including stair riser artwork, rile work,_ etchings,
stain and colors, as required_
b) Design drawings and construction. specifications for the central
obelisk/pylon/sundial structure at the African Cemetery Memorial plaza, including
amvork, the work, and metal work.
Artist shall confer with and coordinate activities with Monroe County Senior
Director of Public Facilities Maintenance, John King, and the construction contractor on
the job in order to insure that there is as much cooperation and cohesiveness in the
incorporation of the art into the building under construction, and so that there shall be the
least amount of interference between the Artist and the Contractor.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed FIFTEEN THOUSAND SIX HUNDRED AND NO/100
($1.5,600.00) DOLLARS for services used to create the project. The Board of County
Commissioners assumes no liability to fund this agreement for any 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 two (2) 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 and Planning Phase: 50% of total payment;
2. Completion: 50% final payment due when installation is
deemed complete and contractual agreement specifications are verified by the Monroe
County Facilities Maintenance Department.
Eligible costs and expenditures for the project and the total award include but are
not limited to:
A. Artists design fee
B. Labor, materials, contracted services required for design of the project
C. Liability costs of artist
Payment shall be made upon presentation of an invoice and documentation necessary to
support the completion of the vu,ork. Artist shall also provide release of liens if applicable.
Final payment requests must be submitted no later than 60 days after the completion of
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 agents and representatives 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. The Artist shall allow and permit reasonable access to,
and inspection of all documents, papers, letters or other 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 the Artist in conjunction with this Agreement; and the County
shall have the right to unilaterally cancel this Agreement upon violation of this provision
by the Artist.
6. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shalt be by amendment, in writing, and approved by the Board of
County Commissioners for Monroe County.
2
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 Countv
Commissioners of Monroe County. No statement contained in this agreement shall be
construed so as to find the Artist or any of its employees, contractors, servants or agents to
be employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
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 provision of the services contemplated under 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.
Licensing and Permits. Contractor warrants that it 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.
9.. HOLD HARMLESS/INDEMNIFICATION. The Artist hereby agrees to
indemnify and hold harmless the BOCC, Florida Keys Council of the Arts, AIPP
Committee and any of its officers and employees from and against any and all claims,
liabilities, litigation; causes of action, damages, costs, expenses (including but not limited
to fees and expenses arising from any factual investigation, discovery or preparation for
litigation), and the payment of any and all of the foregoing or any demands, settlements or
judgments arising directly or indirectly under this agreement. The Artist shall immediately
give notice to the County of any suit, claim or action made against the County that is
related to the activity under this agreement, and will cooperate with the County in the
investigation arising as a result of any suit, action or claim related to this agreement.
10.. ANTI -DISCRIMINATION. The Artist agrees that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
ternvnates without any further action on the part of any party, effective the date of the
court order_ The Artist agrees to comply with all Federaland Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) N'vhich prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and .Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse
Patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Any other
'nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
11. ANTI -KICKBACK The Artist warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer of
the County has any interest. financially or otherwise, in the said funded project, except for
general membership. For breach of 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. hi the event that funds cannot be continued at a level sufficient to allow
the continuation of this agreement pursuant to the terms specified herein, this agreement
may then be terminated immediately by written notice of termination delivered in person
or'by mail to Artist.
The County may terminate this agreement without cause upon giving ninety (90)
days written notice of termination to Artist. The County shall not be obligated to pay for
any ser-ices or goods provided by Artist after Artist has received written notice of
termination.
13, TEERMINATION 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.
4
16. ETHICS CLAUSE. Artist
6theni4se had act on his behalf any
Section 2 or ordinance No. 10-1990
Section 3 of Ordinance No. 10-1990.
may, at its discretion terminate this
discretion, deduct from the agreemen
amount of any fee, commission, pert
present County officer or employee.
warrants that he has not employed, retained or
former County officer or employee in violation of
or any County officer or employee in violation of
For breach or violation of the provision the County
agreement without liability and may also, at its
t or purchase price, or otherwise recover. the full
,ntage, gift, or consideration paid to the former or
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 warrants that he/she/they are authorized to contract Artists
services.
'19. LICENSING AND PERMITS. Artist warrants that he or she shall have, prior to
commencement of work under this agreement and at all time 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 of
litigation brought against the Artist for such injuries to persons or damage to property
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 this agreement and
for lone 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 insurance of the carriers showing that the aforesaid insurance policy is in effect. All
insurance policies must specify that they are not subject to cancellation, non -renewal.
material change or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
Acceptance and/or approval of Artists insurance shall not be construed as relieving
Artist from any liability or obligation assumed under this contract or imposed by law.
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, ITS
EMPLOYEES AND OFFICIALS WILL BE INCLUDED AS "ADDITIONAL
INSURED" ON ALL POLICIES EXCEPT 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 Statues.
2. General Liability Insurance. Coverage shall be maintained throughout the
life of the contract and include, as a minimum:
® Premises Operations
® Projects and Completed Operations
6 Blanket Contractual Liability
® Personal Injury Liability
a 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
ofthis contract. In addition, the period for which claims may be reported should extend
,for minimum of twelve (12) months following the acceptance of work by the County.
21. NOTICE . Any written notice to be given to either party under this agreement or
'related hereto shall be addressed and delivered as follows:
For Artist
1 , ')
For County
Florida Keys Council of the Arts
I.100 Simonton Street
Kev West, FL 33040
and
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
This Agreement is entered into as of the day and _year first written above and is
executed in at least four original copies of which one is to be delivered to the Artist, one to
Monroe Counh Clerk of Courts, Finance Department for use in the administration of the
Contract, and the remainder to the Owner.
6
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED
AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY, OR BY TWO OTHER WITNESSES.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By: B5
Deputy Clerk Mayor/Chairman
(Seal) ARTIST:
Attest:
Bv:
Print Name- -
Print Name r , ✓� ., ��„ L,
Title: Tjtle: 1 I
Date:
Date:
Or: �T
Witness 1: e`
`
aTi G1
Print Name: t
!Witness 2: i
f --- Date:
;Print Name
STATE OF FLORIDA
COUNTY OF M ► �� rv1 1 u
On this Z day of U E 2011, before me, the undersigned notary
public, personally appeared Z r 'i known to me to be the
person ivhose name is subscribed above or who produced ty �r �! ',� /� S 2
as identification, and acknowledged that he/she is the person who executed the above
contract with Monroe Countv for the artist services at the African Cemeten_, Memorial
Project at Higgs Beach, Key West, Florida, for the purposes therein contained.
Date:
Notan ublic
}r � I c,Z
Print Name .i
My commission expires: Q 10 r
MO OE COUN A►TO NEY `
PR ED A M
=o00 °4,n Notary Public State of Florida
Alex Rodriguez
o` My Commission DD918755 PEDRO J. ERCA�
9�uF P.o4 Expires 08/20/2013 ASSISTANT CO NTY ATTORNEY��
Date �l `��l
2005 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
Of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County`s Schedule of Insurance Requirements,
be waived or modified on the following contract. —�-
Contractor: vt S' I t / N t E�
c� I Q
Contract for: '�Je�(-C, i d- ( j�iaml-lij,,ot n v e�i
Address of Contractor:
Phone: SCL5 �( 1," 2—V
Scope of Work:
Reason for Waiver:
Policies WaiF �r
will apply to:
Signature of
Risk Manage1u%,1.L
Date
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administration Instruction
#7500 I