Item C29BOARD OF COUNTY COMIVIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 16,
2008
Division:
Eng_neering
Bulk Item: Yes X
No
Department:
Facilities Development
Staff Contact Person/Phone #: Ann Riser X4439
AGENDA ITEM WORDING: Approval of a contract with Alan S. Maltz 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. Alan
Maltz is one of the artists who will be providing four photographic images, 58" x 8.5", to be installed
above the main entry openings. The Arts in Public Places Committee was given an $86,513 budget for
the entire project.
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: $20,000.00 BUDGETED: Yes X No
COST TO COUNTY: $20,000.00 SOURCE OF FUNDS: Fund 307
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty f/ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Alan S. Maltz 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/Stop #1
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 07/16/08
Agenda Deadline:
07/01/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 20,000.00 Current Year Portion: $ 20,000.00
Budgeted? Yes® No ❑ Account Codes: 307-24001-560620-CE0303-530310
Grant: $ N/A - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
Division Director
Date In
Risk Management`
f-� tG
O.M.B./Purchasing
`7-7-
County Attorney
4 3a o%-
Comments:
Form Revised 2/27/01 MCP 42
CONTRACT REVIEW
Changes
Needed r ew
Yes❑ NoQ�
Yes[:] No� `
Yes❑ NoEf---.�� �-
Yes❑ No[D-" L /" kr^d,�
etc.)
Date Out
3 -It
-7 4
Monroe County Art in Public Places Award Agreement
This AGREEMENT dated the 16t' day of July 2008, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County", and STUDIO A., INC. DB/A ALAN S. MALTZ GALLERY
hereinafter "Artist",
EIN # 65-0862116
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 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.
1. 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 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
Four images 58" x 38.5" to be installed above the main entry openings:
1) Symmetrical Brain Coral
2) Great Star Coral
3) Elkhorn Coral
4) Boulder Brain Coral
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.
AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an
amount not to exceed $20,000.00 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 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: 33.3% of total payment;
2) Materials: 33.3% of total when artist submits receipts for materials and
eligible costs equal to or greater than 33.3% of the contract total;
and
3) Completion: 33.3% final payment due when installation is deemed complete
and contractual agreement specifications are verified by the
Monroe County Purchasing Department or designee.
Eligible 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
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
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.
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.
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 terminate this agreement immediately upon delivery of written
notice of termination to the Artist.
9. HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees to
indemnify and hold harmless the BOCC Florida Keys Council of the Arts, AIPP
Committee and Monroe County and any of their officers and employees from and
against any and all claims, liabilities, litigation, causes of action, damages, costs,
expenses (including but not limited to fees and expenses arising from any factual
investigation, discovery or preparation for litigation), and the payment of any and
all of the foregoing or any demands, settlements or judgments arising directly or
indirectly under this agreement. The Artist shall immediately give notice to the
County of any suit, claim or action made against the County that is related to the
activity under this agreement, and will cooperate with the County in the
investigation arising as a result of any suit, action or claim related to this
agreement.
10. ANTI -DISCRIMINATION: The Artist agrees that they will not discriminate
against any of their employees or applicants for employment or against persons
for any benefit or service because of their race, color, religion, sex, national
origin, or physical or mental handicap where the handicap does not affect the
ability of an individual to perform in a position of employment, and to abide by
all federal and state laws regarding non-discrimination.
11. ANTI -KICKBACK: The Artist warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding
for a commission, percentage, brokerage or contingent fee, and that no employee
or officer of the County has any interest, financially or otherwise, in the said
funded project, except for general membership. For breach or violation of this
warranty, the County shall have the right to annul this agreement without liability
or, in its discretion, to deduct from the agreement price or consideration, the full
amount of such commission, percentage, brokerage or contingent fee.
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
otherwise had act on his behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 10-1990. For breach or
violation of the provision the County may, at its discretion terminate this
agreement without liability and may also, at its discretion, deduct from the
agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former or present
County officer or employee.
17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on an agreement to provide any goods or services to a public
entity, may not submit a bid on an agreement with a public entity for the
construction or repair of a public building or public work, may not submit bids on
leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub -contractor, or consultant under an agreement with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
Artist represents that Artist is not on the Convicted Vendor list.
18. AUTHORITY: Artist warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each
of the signatories for the Artist below are authorized to contract Artist's services.
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:
I. 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 parry under his
agreement or related hereto shall be addressed and delivered as follows:
For Artist
Alan S. Maltz Gallery
1210 Duval Street
Key West, FL 33040
For County:
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)
ATTEST: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
WITNESSES:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Un
Mayor/Chairman
ARTIST:
ALAN S. TZ
MONROE COUNTY ATTORNEY
PROVED AS TO P
.�
PEA ILEENE W. CASSEL
,AS,1STAN1 COUNTY ATTORNEY
Date �� —
GALLERY
THE FINE AKr OF PHOTOGRAPHY
Proposed Image List and Budget for the
Murray E. Nelson Government & Cultural Center
1) Symmetrical Brain Coral approx. 58-08`/2"...........................................$ 4,950
A4 Wall above main entry openings
2) Great Star Coral approx. 58"x38'/".................................................... $ 4,950
A4 Wall above main entry openings
3f) Elkhor_7 Coral approx. 58"081/2- .. -—................................................ $ 4,950
A4 Wall above Tun ent-�v cpenirfgs
4) Boulder 13rain Coral approx. 58"x38'./2'.............................................. ` 4,951i
'A4 Wall above main entry openings
FotaiArtwork...-,-...................---............................................... $ 1Q.S0O
Instalia=ion 2 workers (d� $25 hr. x 4..................................... 2
00
Total...................................................................... . . .............. $ 20,001-
S1131 d
bate
Monroe County
Fadlitles Development
MAY 3 0 2b"006
TIME: � RECEhJED �Y_
1270 DUVAL STREET KEY WEST, FLORIDA 33040
(T) 305.294.0005 • (0 305.294-0097 WWWALANMALTZ.COM • VISIONS@ALANMALTZ.COM
Date: /,Df(
Applicant Contact Information:
Name: * W M S- 1144 L-r 7,
Monroe County Art In Public Places
REQUEST FOR PROPOSALS
Application Cover Sheet
Address: 1740 Du V*I- S Tr. LW
W
n
Phone(s): el.rl L/ - 000S- e e-LC. 30,_ 3 0 y 7 y 7.r
E-Mail: V , Sr 0M S Q )gf,4Hl�i�06 -Z- ' �K'I
website: W ww- *LEI 9414 LT Z. - Cc v4l
Total Budget/Cost: 0 72�s D
Total Number of Art Pieces included in proposal: -I
Please briefly describe the following if applicable; if not applicable indicate with N/A.
Special fighting required:
Other special requirements:
Type/amount of project access desired: AL( -
Installation time required: A 9 4y S
Maintenance requirements: /` 0A f-
Artist maintains a $300,000 liability Insurance policy: (9/ No If no, please explain.
Please check the following items to indicate they are attached:
written proposal.
Itemized budget.
Concept drawings; 2 pages maximum (8.5" x 11 ") including color sketch or digital rendition.
Digital images PDF or JPG not exceeding 75dpi - 5 images maximum.
❑ If 3-dimensional art proposal, one small model.
Note: Support materials will not be returned to the applicant without prior pre -paid shipping.
Signature confirming that aft information provided for this application is true and correct.
or head of organization Type or print name
i /0
Date
414,V, � 141-F' c
4
G A L L SR V
7H-E-. PAVE ART OF PHO Oi—,RAIP c'
Proposal
Transcendental Captivation
Enhancing the Inner Beauty of the
Murray E. Nelson Government and Cultural Center
Objective: Through the medium of photography, I will bridge the gap
between the outdoors and indoors by installing selected pieces of
artwork in the interior of the Murray E. Nelson Government and
Cultural Center. These images reflect in color, subject matter, and
spirit, the essence of the natural beauty found in the immediate
area of the Center and throughout the Florida Keys. Visitors to the
center are invited to share a similar visual experience whether they
are inside or out.
A brief description of the images I have selected for this project
follows - all sizes can be easily modified to fit the requirements of
the space and will be printed on archival canvas:
1) "Free Spirit" - a lone mangrove surrounded by blue sky and
blue-green water. Anne's Beach, Islamora(.1a
2) "Point of View" - Perspective of a vintage style kayak on a
mangrove outlet. John Pennekamp Coral Reef State Park, Key
Largo
3) "Flats Fever ... It's Catching"- Flats boat with fishermen on
blue-green water; mangrove in foreground frames the scene.
Islamorada
4) "Tortuga" - Atlantic Green Turtle in shallow golden waters at
sunset. Marathon
5) "Patterns" -Abstract aerial view of palms with shadows on
sandy beach. Key West
6) "Underwater Coral Series" - Detailed close-ups of four coral
species:
a) Boulder Brain Coral
b) Great Star Coral
c) Elkhorn Coral
d) Symmetrical Brain Coral
John Pennekamp Coral ReefState Park Key Largo
12 1''_D t_il.fVAL STREET rr,, /vf;ti,,
4) 305.294.000 (0 3,05-2,94_009X
Personal Vision: My goal as an artist is to take what exists in life and transform it
into something magical - to open a door of perception which
allows the viewer to see the world with new eyes. This is my gift,
my purpose, my dream.
For the past three decades l have made the Florida Keys my home
and the headquarters for my work. My passion, my background,
and my expertise seem to be a perfect match for this project. The
Center is located in a naturally beautiful environment. My
intention is to take the best of what exists outside and bring it
inside through my artistic vision.
i�&- J /go If/ Ay
Alan S. Maltz Date
"PHE FINE Am, CIF FHCq-OGk'AYHX'
Proposed Image List and Budget for the
Murray E. Nelson Government & Cultural Center
1) Free Spirit 10'x10.......................................................................$12,500
A2c, Lobby area, main lobby staircase south wall
2) Flats Fever... It-s Catching 12'x10'..................................................$12,500
A2b, Lobby area, main lobby staircase, middle wall
3) Point of Vier 10'x8'....................................................................$ 9,950
A4b, Wall around lobby perimeter wall to left of (or above) concession opening
4) Symmetrical Brain Coral 60"x40" ................ .........$ 4,950
............................
A4 Wall above main entry openings
5) Great Star Coral 60"x40"...................... ........................................ $ 4,950
A4 Wall above main entry openings
6) Elkhorn Coral 60"x40"....................................... .......... ............... $ 4,9.50
A4 Wall above main entry openings
70 Boulder Brain Coral 60"x40"...................................................... . .. $ 4.'950
A4 Wall above main entry openings
8) Patterns 4'x6.............................................................. ............ .....$ 7.50-0
C 1 Vestibule
9) "Tortuga 6'x4'........................................................... . ..................$ 7,500
C2 Vestibule
TotalArtwork..............................................................................$69,750
Installation 2 workers (aD, $25 hr. x 2 ten hour days $ 1,000
Truck rental, gas, driver, and mileage from Key West to Miami
(for artwork pickup), back to Key Largo, and back to Key West ....................$ 1,4011
Total.............. ............................. . ............. ...... . ... S72.150
Alan S. Maltz Date
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Page 1 of 1
Cassel -Nat
From: Cassel -Nat
Sent: Tuesday, July 01, 2008 2:38 PM
To: Riger-Ann
Subject: MEN building - AIPP contract with Maltz
Ann,
I left you two messages and since you had not called back — especially since you always call back immediately- I
decided to call and I spoke to Paulette who told me you are out of town that explains it!
I have some questions on the Maltz contract. It appears to have some missing language, and also it is on different
weights of paper, the combination made we wonder if some language may have been deleted. 1 know I am
suspicious. I wanted to talk to you about it before I stamped it. Hope this is not a big problem for you. Please call
me when you get back.
Nat
7/1 /2008