Item C26BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July
16,
2008
Division:
Engineering
Bulk Item: Yes
X
No
Department:
Facilities Development
Staff Contact Person/Phone #: Ann Riper X4439
AGENDA ITEM WORDING: Approval of a contract with John David Hawver Gallery for Art in
Public Places at the Murray E. Nelson Government & Cultural Center.
ITEM BACKGROUND: The Arts in Public Places Committee recommended five artists for the
purchase and installation of artwork at the Murray E. Nelson Government & Cultural Center. John
David Hawver is one of the artists who will be providing an oil painting approximately 8' x 10' entitled
"Mangrove Canopy". The Arts in Public Places Committee was given an $86,513 budget.
PREVIOUS RELEVANT BOCC ACTION: On May 16, 2001, the BOCC passed and adopted
ordinance No. 022-2001 providing for the funding of art in new public construction and major
renovations projects at 1% of the construction costs for county construction.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above
TOTAL COST: $15,000.00
COST TO COUNTY: $15,000.00
BUDGETED: Yes X No
SOURCE OF FUNDS: Fund 307
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH_
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #,
Revised 11/06
Year
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: David Hawver Gallery
Contract #
Effective Date:
07/16/08
Expiration Date:
Contract Purpose/Description:
Purchase and Installation of artwork for
the MurrayE. Nelson Government & Cultural
Center
Contract Manager: Ann Riger
X4549
Facilities Devel/Sto #1
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 07/16/08
Agenda Deadline:
07/01/08
Total Dollar Value of Contract
Budgeted? Yes® No ❑
Grant: $ NIA
County Match: $ N/A
CONTRACT COSTS
$ 15,000.00 Current Year Portion: $ 15,000.00
Account Codes: 307-24001-560620-CE0303-530310
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utili
Date In
Division Director/`3�
Risk Management
O.M.B./Purchasing
6, --�
County Attorney
V2-(k
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT REVIEW
utorial, salaries, etc.
Changes Date Out
Needed er
Yes❑ Nou�
Yes❑ No[ 361)�
Yes❑
Yes[] NoO- &,Q L, CCU
Jun-I2-2^0@ 16�93 Prom-N4NRQE C UX r EtlG!iERING t36ngU321 t-02[ F.0➢21013 F- 03
Mtinrce Ctrunty Art in Public Pla es azard Agreement
This AGREEMENT dated the ,jk day of July 2008, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County", and JOHN DAVID HAWVER GALLERY hereinafter "Artist",
FIN' #
WHEREAS, the Art in Public Places Ordinance ft022-2001, 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 S100,000; 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 Corrunittee has selected and recommiended 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 Murray E.
Nelson Government & Cultural Center, Key Largo, Florida.
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.
AGREEMENT PERIOD: This agreement is for the period July 16, 2008 through
60 days subsequent to date of issuance of Certificate of Occupancy or Certificate
of Completion for building. This agreement shall retrain 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. Al! work for
whivti. AIPP funds are to be expended must be completed by the stated
termination date.
SCOPE OF AGREEMENT: The Artist shall provide
"Mangrove Canopy" a vertical oil painting approximately 8' x 10,
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 incorporatiou of the art into the building undo: construction, and so that there
shall be the least amount of interference between tFe Artist and the Contractor.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed $15,000.00 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 C'ourv:v's
performance and obligation to pay under this agreement is contingent upon'an
Monroe Gourdy
roclldjes oe-velopmen;
JUN, 24 2008
Jun-13-200E 15:07 Frair-40ROE COUNT?' ENGINEPINC +3052954Z T-025 P 003/0i3 F-103
annual appropriation by the BOCC. Pursuant to Flod-ida's Prompt Paymcnt Act,
upon receipt by County of ar. Invoice for each of three (3) phases, and
documentation to satisfy the Clerk that the appropriate phase has been
completed, peymert shall be made for the following phases at the referenced
rates:
1) I3esim Phase: 33.3% of total payment-,
�} MateriA s 33.3% of total when artist subunits receipts for materials and
eligible costs equal to or greater than 33.3% of the contract total;
and
3) Completon: 33.3% firial payment due when installation is denied complete
and contactual agreement specifications axe verified by the
Monroe County Ptirehasing Department or designee.
Eligible costs and expenditures for the rrLct and the total mvard in Jude. but are not
limited to:
A. Artist's design: foe
B. Labor, materials, contracted servic,:es 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
R Installationn to the site
G. PernYits and &es necessary for the installation (rrppiioable for ex°erigr projects
which also require HARC review)
H. Legal costs directly related to the project
1. Liability costs of artist
Fayrriezrt 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 rrtust be submitted nc, later them 60 days after the completion of the
prof ecr
4. OWNERSHIP and RIGHTS; Upon the installation of the rYmork, County shall
own the artwork aid all rights related thereto fully and completely.
5. RECORDS: The Artist shall keep such revards as are necessary to document the
perf=ance of the agmment and give. access to these records at the regUest of
the County, the State of Florida, or authorized a ;c;nt and rcprescntative of said
govenunent bodies. The Artist understands that it shall be responsible for
repayment of any and all audit exceptions which are identified by the Auditol-
General for the State of Florida, the Clerk of Court for Monroe C'oLuity, the Board
of County Cornmissicrners for Monroe County, or their agents .and representatives.
6. MODIFICATIONS AND AMEI' DNIENTS: 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.
4un-13-2008 15:0E Fnff-WAROE :OJNiT ENGIMERINi '3015204321 7-015 P.OU/01� F-13
?. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder,
the Artist is an independent oontractor and not an employee of the Hoard of
County Commissioners of Monroe County. No statement contained in rhis
agreement shall be construed as to find the Artist or any of its employe,
contractors, servants or agents to the employees of the Board of County
Commissioners of Monroe County, and they shall be entitled to no zc cf the rRg� ts,
privileges or benefits of employees of Monroe County.
S. COMPLIANCE WITH LAW: In carrying out iti, obligation~-, under this
agreement, the Artist shall abide by all statutes, ordinances, rules and regulations
pertaining to or regulating; the provis.ivns of this agreement, including those now
in effect and hercaftcr adopted. Any violation of said statutes, ordinance,, rules
or regulations shall constitute a material breach of this agreement and shall cr.ttitle
the County to terminate this agrreitient immediately upon delivery of written
notice of termination to the Artist.
9. HOLD HAILMLESS/INDEMNIFICATION: The Artist hereby aeees to
indemnify and hold harmless the BOCC Florida Keys Council of the Arts, AIPP
Committee and Monroe County and any of their ofLi em and employees fiom and
against any and all claims, liabilities, litigation.,, causes of action, darnages, costs,
expenses (including but not limited to fees and expenses arising from any facival
investigation, discovery or preparation for litigation), and the payment of any aad
all of the foregoing or any demands, setth=ents 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 ns 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 errtployres or applicants for c rnplo}Tnent 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 perfmm in a position of employinent, and tc abide by
all federal and state laws regarding non-discrin7ination.
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 ernployee
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 ibis
♦van°anty, the County shall have the right to annul this agreement without liability
or, in its discretion, to deduct frorn the agreement price or consideration, the full
amount of such commission, percentage, brokerage or cortingent xee-
i 2. T'ERMWA TION: This agreemcnt shall terminate pursuant to Parawafh n 1.
Termination prier thereto shall occur whenever fari&s cannot bo 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 fixrids cannot be
continued at a level sufficient to allow the continuation of this agreement pursuant
1ur;-13-2008 15:08 Frcrt-"ROE -'CUNTY M INERING +3C5N5/13i' P 005/013 F-`03
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 terMill lt8 this Weement without cause upon giving 90 days written
notice of tcriiination 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. TERMINA.TION FOR BREACH: The County may immediately terminate this
agreement &r. any breach of the terms contained :rerein. Such tciYnination smell
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 axed sha':1 not
operate to bar yr prevent the County from daclarmg a forfeiture for arty
succeeding breach either of the same conditions or of any other conditions.
14. ENTIRE AGREEMENT: This wilstitutes the entire agrecm mt of the
parties hereto with respect to the subject utter hereof and supersedes any and all
prior agreements with respect to such subject matter between the Couray and The
,Artist.
15. CONSENT TO 3URISDIC:'TI0N: This aggreernenz, its perfomiance, and all
disputes arising hereunder, shall be go erased by the laws of the Stare of Florida,,
and both parties 39ree that the proper venue for any ;cations shall be in Monroe
County.
16- ETHICS CLAUSE: Artist w =a,-it3 that he has not Crnployed, retained or
otherwise had act on his behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 14-1990 or any County offices or
employee in violation of Section 3 of Ordinance No. 10-199o. For breach or
violation of the pro,6sion the County rnay, at its discretion terinitrate this
agreement without liability and may also, at its discretion, deduct from the
agreement or parchase price, or otherwise rrcovex, the full arnount of airy fee,
commission, percentage, gift, or consideratit-m paid to the former or present
County officer or employee.
17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who bas been
placW on the convicted vendor list following a conviction for public entity crime
may not aubmii a bid on an agrwment to provide any goods or services to a public
entity, rnay not submit a bid ort an agreeinemt with a public acuity 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 agreen'ient with any
public entity, and may not transact business vita any public entity in excess of the
threshold arnouritt 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 Ver_dor list
IS. 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 awhorizeci to contract Artist's services.
J41n-13-2008 15:09 Frra4OROE OUNTI 6MGINER!% +31tU54321 ?-021 P.00e/oi3 F-AJ
19, LICENSING AND PERMITS: Artist warrants that he or she shall have,prior to
com mcncement of work under this agreement and at all times dwing said work,
all required licenses and permits whether faderal, state, County or City.
20. PtiSURANCE: 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 tusk
Manager, Artist shall maintain on file with the Cowity a certificate of the
insurance of the carriers shovying that the aforesaid insurance policy is in renewal,
material change or redurtion in coverage unless a minimum of thirty (3 0) days
prior notification is given to the County by the ins-orer.
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 ofli,�ials
will be included as "Additional Inured" on all policies ex�,ept worker's
compensation.
Any deviations from these Ceneral Insurance Requirements must be requested in
writing on the County form titled "Request for Waiver of Tnsur4nee
Requirements" and must be approved by Monroe County Risk Management. The
following coverages shall be provided prior to cot zncement of work: governed
by this contract:
1. Workers Compensation if, and as required by Florida Statutes
2. GeneraI Liability Insurance. Coverage shall be maintained through out the
life of the contract and include, as a minimum::
Premises Operations
Products and Completed Operations
r Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
5300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable s]iall be:
$100,000 per Person
$300,000 per Occurrence
S 50,000 Property Damage.
abr�-13-260& 14:04 FrCa-"ROE :OJNTY EpWVjNµ +30295432' 1-024 P 007/01$ F-'02
An Occurrence Form policy is preferred_ If coverage is proN ided on a
Claims Made policy, ;ts provisions should include covet -age for claims
filed on or der the effective date of this contract. In addition, the period
fbr wWch claims may be reported should extend for a minimum of twelve
(12) months following the acceptanoe of work: by the County.
2 L NOTIM, Any Written notice to be given to either party under his
agreement or related hereto shall be addressed and delivered as follows.
1~rA ft61*1 For
John David Hawver Gallery
At the Rain Barrel
86700 Overseas Highway
Wamorada, FL 33036
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 WI-MREOF, the parties hereto have caused this agreement to be executed the
day and year first above written.
(SEAL)
ATTEST; DANW L. KOLHA,GE, CLMK
Bv:
J
Deputy Clerk
V01N, 0E COUNTY ATTQ dry
A R 0 V E D A T ('A:
VV. CASSEL
NT C-UtJ 'Y ATTQ N-Py
BOARD OF COUM Y` CONMSSION]ERS
COF MONROE COUN—f'Y, FLORIDA
By:
NUyou'Chairman
RTIST:
fHf�i A H.A W\?]] , GALLERY
_ +J (? "U`
Jun-13-2006 15:10 Prom-w4KE CoAlly ENGINERING +305U34U1 T-025 P 00e/013 F-,,)3
'-- 199E Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
WAIVER OF INSURANCE REQUIREMENTS
There will be times when it will be necessary, or in the best interest cf the County, to deviate from the
standard insurance requirements specified within this manual, Recognizing this potential, and aging on
the advice of the County Attorney, the Board of County Cornmisslorers has granted authorization to Risk
Management to waive and modify various insurance provisions.
Specifically excluded from this authorization is the right to waive.
• The County as being named as an Additional Insured —If a letter from the Insurance
Company (not the Agent) is presented, stating that they are unable or unwilling to name the
County as an Additional Insured, risk Manngernerit has beer+ granted the authority to waive
this provision.
and
+ T?m Indemnification and Hail Harrniew provisions
1/V iying �f_ins� grovi$ion$ rxsgid exposes the Cokft tq economic loss. For this reason, every
atteeo should be made to obtain the standard Insurance requirements, If a waiver or a modification Is
desired, a Request for Waiver of insurance Requirements form should be completed and submitted
for consideration with the proposal.
After consideMon by Risk Management and if approved, they form will be returned, to the County
Attomey who wi8 submit the Waiver with the other contract documents for execution by the Clerk of the
Courts.
Should Risk Management deny the Waiver Request, the other party may file an appeal with the County
Arirninistrutor or the Hoard of County rwommtssioners, who retains the final derision -making aut,l*wority.
AdmiroWWw kvtrucbon WAIVEii.DO
#di'Gd+_3
!un-i3-?OOR 15:iS Frcm-6aCfVRQE'OJNTY ENGINERING
*3GF2�5d32! T-025 P.004/0i, F- 03
i 996 Ece m
MONROE COUNTY, FLORIDA
Request For Waiver
4f
Insurance Requirements
tt is regtiested that the insumnce requirements, as specified in the County's Schedule of Insurance
Requifements, be waivad or modified an the following contract:
Ccnfrecfinr. �j W V E `
Contract for
Address of Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
APProved _ Not Approved
Risk Men agernent:
Date:
County administrator appeal:
Approved
Oate:
Board of County Commissioners appeal:
Approved
Meeting Date:
Not Approved
Not Approved
AderJ# irMnOw WA)V REQ_DOC
"709.3
aun-'3-20�6 14:12 Fro-ORI COATY MINEPMr +3CBiG:=t3 "-013 P.�J1U/eta F�4
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JOHN DAVID HAWVER GALLERY
at the Rain Wref
96700 0VqrWg Highway
Watr*radM, Paida 33036
305462-OW "ail: bluesbrush(Rool.com
WWW.PNldovkftwver.com
Proposal # I
ClIftm,wood, p" jvpW jjV',Xq%j#
and WA a6i L81�6r
home:
132 0=nut i,"
I"Mtade Florida 33OW
30&'eM.1748 ph.&fx
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