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Item C17 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18.2009 Division: Engineering Bulk Item: Yes ---X- No Department: Facilities Development Staff Contact PersonlPhone #: Peter Horton X 5210 Ann Riger X 4439 AGENDA ITEM WORDING: Approval of an Award Agreement for Art in Public Places to Elena Ortega DIB/ A Artsy Studio, for artwork at the Key West International Airport. ITEM BACKGROUND: On November 17, 2008, the Art in Public Places voting committee approved seven artists for art at the Key West terminal complex. Elena Ortega was selected and she will be providing 4 "critters" throughout unexpected areas of the complex. Chosen is a Flying Spoonbill, a Cat, an Egret, and an Osprey with Fish. PREVIOUS RELEVANT BOCC ACTION: At the BOCC public hearing on 08/20/08, the commissioners approved $180,000 for artwork at the Key West International Airport. CONTRACVAGREEMffiNTCHANGES:WA STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $4.000.00 BUDGETED: Yes ~No COST TO COUNTY: $4.000.00 SOURCE OF FUNDS:One Coot lnfirft3tmemre REVENUE PRODUCING: Yes No-X AMOUNTPERMONTH_ Year .,.U>/ APPROVED BY: County Atty Jk. OMB/Purchasing _ Risk Management _ DOCUMffiNTA TION: Included X Not Required_ DISPosmON: AGENDA ITEM # Revised 1/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Artsy Studio Contract #_ Effective Date: 02/18/09 Expiration Date: Contract Purpose/Description: To provide artwork through Art in Public Places for the Key West International Airport Contract Manager: Ann Riger X4549 Facilities Devel/Stop # 1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 02/18/08 Agenda Deadline: 02/03/09 CONTRACT COSTS Total Dollar Value of Contract: $ 4,000.00 Budgeted? Yes[gJ No 0 Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion: $ 4,000.00 ~ - - - ~----- -- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Da~ In Division Director Q~1 Risk Manag~ment ~ (c 01 PJLG ~~f\ O.M.BJPurcha'sing Z -4 -If) County Attorney 1 j ctI Comments: Date Out ;) !:Hc>r YesDNod YeSONO~ ~~ YesDNoQ/ 7/~ v!2;# OMB Form Revised 2/27/01 MCP #2 Monroe County Art in Public Places Award A2reement This AGREEMENT dated the 28 day of January. 2009, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County", and ELENA ORTEGA D/B/A ARTSY STUDIO, hereinafter "Artist" , SSAN: 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 in 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. 1. AGREEMENT PERIOD: This agreement is for the period January 28, 2009 through 60 days subsequent to date of issuance of Certificate of Occupancy or Certificate of Completion for building. 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 4 "critters", selection and specific locations. The pieces will be painted on linen and marouflaged to minimize the impact of the wall's texture. They will be coated with exterior UV resistant low luster varnish to protect it from UV rays. Artist shall confer with and coordinate activities with 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 $4,000.00 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 perfonnance 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: 2) Materials: 33.3% oftotal payment; 33.3% of total when artist submits receipts for materials and eligible costs equal to or greater than 33.3% ofthe contract total; and 33.3% final payment due when installation is deemed complete and contractual agreement specifications are verified by the Monroe County Purchasing Department or designee. 3) Completion: Eligible costs and exoonditures for the proiect 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 E. Transportation of the work to the site 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. 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 perfonnance 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 tenns 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 temrinate this agreement immediately upon delivery of written notice of tennination 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. 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 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 othenvise 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 tenninate 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, 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: Artsy Studio Elena Ortega 1604 Monmouth Lane Key Largo, FL 33037 Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 and County Attorney P.O. Box 1026 Key West, FL 33041-1026 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. (SEAL) ATIEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman WITNESSES: ARTIST: EL~ft:;y STUDIO t~t~~ MONROE COUNTY ATTORNEY AP~ROVED d) RM: ~,jATILEENE w. CASSEL ASSISTANT <J;UtHY ATTORNEY Date ...2/) (Yj Back up documentation We are contracting for 4 critters at $1,000.00 each. ~ ( Artsy Studio ~~ Elena Ortega ~ 1604 Monmouth Lane, Key Largo, FL 33037 (786) 564-6214 RFP for McCoy Terminal Complex at the Key West International Airport, Monroe County, Florida Artwork Narrative Summarv. "Kev West Fauna" This artwork would be on the wall spaces available for art inside the building. The artistic style will be photorealistic-trompe l'oeil. It will be visible from most points of the building, giving a feeling of wonder, as people would also experience throughout the city where these animals are so well loved. The imagery is of subtle surprise, little animals sneaking in the building, sharing the spaces with the community as they do in this picturesque city. The public will be greeted by these critters: cats, iguana, egret, roosters' chickens, peacock, spoonbill, seagull, pelican, osprey, parrot, cockatoo, throughout unexpected areas behind benches, above windows, seating on a light fIxture, fooling the eye of the viewer. This artwork illustrates the lifestyle and images from Key West, full of native fauna. I'm including a layout of 21 critters, receptive to adjustment of location and amount. The pieces will be painted on linen and marouflaged to minimize the impact of the wall's texture. It will be coated with exterior UV resistant low luster varnish to protect it from UV rays, no maintenance required. Prepared by: Elena Ortega Signedf1~~ Date: W-d-'5-o<6 '; ,~,-,>L:;~:t'y ,~.);,. :3ICpIT:81-'-: JAN ~.. RFP FOR McCoy Terminal Complex at the Key West International Airport, MONROE COUNTY FlC ITEMiZeD BUDGET Artwork -Key W... Fauna- ,AREA : , 1 i ! ESTIMATED COMPlETION TIME .60 daYS I I . MATERIALS PAINT i S3OO.00 ! $300.00 I . MEDIUM $100.00 $100.00 I ! I i I I i i iMISCEUANEOUS $500.00 i I NOTE: MISCElLANEOUS INClUDES I ,PAPERS. FOAM BRUSHES. CHIP BRUSHES. I I ! IPAlNT PANS. PAINT BUCKETS. I I PHOTOGRAPHIC REFEReNCE AND THE SUCH EClUIPMENT SCISSOR UFT 10FT IX 1 WEEK $400.00 I LABOR Installation of artwork $2 000.00 1 week $2.000.00 iARTfST PRELIMINARY SKETCH DESIGN, FINAl ARTWORK AND ! COMPl.ETION $18,000.00 I : I I Note: each piece averages aprox. $1,000,00 TOTAL $21,300.00 CGunty :)f:veiopmeni JAN ~} ~ Date: f [-.;J '5 - 0<6 Monroe County Art In Public Plac:u REQUEST FOR PROPOSALS Application Cover Sheet Applicant Contact Information: . Nomo. ~ o~ .......... J~4 ~; ._'t.- ~ Utn~ Q?o?l Phone(s): G;.:; 0 c;" t .-MoII. ~~ a ~ J-:' 0 ' OJ r>1 Webeite: . .tSV[ ~ l) , L t.f"}-n Monroe County NSkIent: v_ ~ No_ (If year pl... attach proof of ....Id.nc:v.) Total Buelget/Cost: :IJ d- ( J 3t> 0 Total Number of Art Pleas InducIed In propoul: ~ I (If applying for multiple spICa, furnish total budgat and number of art pieces for each spBc..) PIu.. briefly deecribe the following If applicable; If not applicable Indlcat. with N/ A- Spedalllghtlng required: f.J 'l) other ~I requlrementa: NO Tvpe/amount of project acceu desired: Pvu." Ace ~ s.S -tV It-JSn;:>E. LoBell Inm-llatlon tlm. required: / (,\) e e -=:.. Mal~nce requl........b: IJ 0 tV e. ArtIR ....Intalna a $300,000 liability IMuranc:e poIlcy:@ No If no, plea.. .xplaln. PIeaH check the following Item. to Indicate they are attached: ~. Written proposal. ~ Itemized budget. rsI Concept drawings; 5 pages maximum (8.5" x U") Including color sketch AI: digital rendition. Digital Images POF or JPG not exceeding 75dpi - 5 images maximum. a If 3-dlmenslonal art proposal, one small model. Note: Support materials will om be returned to the applicant without prior pre-paid shipping. Signature confirming that all Information provided for this application is true and correct. ~~.~ 6(~ Cvt~rl'~ IO-d-5..oi Artist or head of org!M,lzation Type or print name U Date JANrJ) A CORa" CERTIFICATE OF LIABILITY INSURANCE PRODUCER (305)852-3234 Regan Insurance Agency, 90144 Overseas Hwy. Tavernier, FL 33070 FAX (305)852-3703 Inc. DATE (MM/DDIYYYV) 01/12/2009 THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX ND OR ALTER THE COVERAGE AFFORDED BY THE POll BIib6lW. INSURED Artsy Studio LLC c/o Elena Ortega 1604 Monmouth Lane Key Largo, FL 33037 INSURERS AFFORDING COVERAGE INSURER A Fi rst COllll1erci a 1 Underwri ters INSURER B INSURER C INSURER D INSURER E ..:., cnVERAGEJ:: 2~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II,N.$': ~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~~'9~Y EXPIRATION LIMITS GENERAL LIABILITY GLl9946-1 05/17/2008 05/17/2009 EACH OCCURRENCE $ 1,000,OO(] - X COMMERCIAL GENERAL LIABILITY DAMAGE T9"RENTED $ 100,00(] l CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,00(] A X PERSONAL & ADV INJURY $ 1,000,OO(] - - 1,000,00(] GENERAL AGGREGATE $ - 1,000,00(] GEN'l AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ I .nPRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO I-- ALL OWNED AUTOS BODilY INJURY I-- $ SCHEDULED AUTOS (Per person) ~ 011.,~ HIRED AUTOS ~ ,,', :;( BODll Y INJURY I-- $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ _".\ . "7 ~;:: (Per accident) GARAGE liABILITY \.AU' k~J AUTO ONLY - EA ACCIDENT $ =j ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ 3ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ =j DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I we STATU-.I IOJt'- EMPLOYERS' LIABILITY E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ If yes, describe under EL DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I lOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS certificate holder is shown as an additional insured per policy forms, conditions, 1 imitations ilnd exclusions R Monroe County BOCC 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF TME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .-!L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~.L~ /VI ~ John Crowell BMONRO ~-~- / ( ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~CORD 25 (2001/08)