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Item C30BOARD 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 Riger X4439 AGENDA ITEM WORDING: Approval of a contract with Roberta Cris Sandifer 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. Roberta Cris Sandifer is one of the five artists who will provide 6 digital paintings approximately 35" x 54". 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: $10,800.00 COST TO COUNTY: $10,800.00 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: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # Year MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Roberta Cris Sandifer 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: $ 10,800.00 Current Year Portion: $ 10,800.00 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. CONTRACT REVIEW Changes Date In Needed Division Director VV4 Yes❑ Noo) Risk Manag ment'. Yes❑ NoU' 34 PJ � VA ass O.M.B./Purchasing & _36.65 Yeses Nov County Attorney �4? Yes❑ No[� Comments: Form Revised 2127/01 MCP 02 etc. Date Out Monroe County �acllBies Development 1UN ?- 3 2008 Monroe County Art in Public Places Award Agreement fIME. _._�— 'rh;� aGREEMENT dated the 16`s day of July 2008, is entered into by and RECEIVE[) SY:. between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County", and ROBERTA CRIS SANDIFER 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 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 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 6 digital paintings, unframed, approximately 35" x 54" gallery wrapped canvas for the vestibule walls. Price includes lighting. 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 $10,800 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 Countand 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. TERM NATION 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: 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 Cris Sandifer 909 South Ruby Drive Key Largo, FL 33037 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 I0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I0 Mayor/Chairman WITNESSES: TIST: ROBERTA CRIS SANDIFER 44 �zQNRCE COUNTYATTT /t N 3 1 sEEENE W. CASSE? ASSISTANT CC1J TY,11-OR-NEY Date— _ 19W 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 of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners 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 Management has been granted the authority to waive this provision. and • The Indemnification and Hold Harmless provisions Waiving of -insurance provisions could expose the County to economic loss. For this reason, every attempt 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 consideration by Risk Management and if approved, the form will be returned, to the County Attorney who will 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 Administrator or the Board of County Commissioners, who retains the final decision -making authority. A "Instnx%w WAtvERDOC #t4709.3 t I M 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: O Contract for. Address of Contractor q/I���-- L�.�:r Phone: 3 U 7 't / Scope of Work: i 'U C �. 7��m�2 r V s f; b U i� s tvC Reason for Waiver: im Lan -a )Z U� 7 Policies Waiver will apply to: Signature of Contractor. Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: A aUm 1ra#uc on WAIV REQ.DOC #4709.3 Date: April 1, 2008 Applicant Contact Information: Name: CRIS SANDIFER Monroe County Art IK Public Places REQUEST FOR PROPOSALS Application Cover Sheet Address: 909 S. Ruby Drive, Key Largo FL 33037 Phone(s): 305-852-7494 cell305-304-8787 E-Mail: crissandifer@bellsouth.net Website: Total Budget/Cost: $6300 r _ Total Number of Art Pieces included in proposal: 7 Please briefly describe the following if applicable; if not applicable indicate with N/A. Special lighting required: None, unless the art is chosen for an altemate location and the additional cost of lighting is listed in the budget. Other special requirements: NA Type/amount of project access desired: NA Installation time required: 2 days maximum Maintenance requirements: None, they will have been coated with a enviormential and UV protection plus a final archival varnish. Artist maintains a $300,000 liability insurance policy: Yes / No if no, please explain. No, I will request to have this requirement waived by the Monroe County Risk Manager. Please check the following items to indicate they are attached: N Written proposal. A itemized budget. 9 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. o 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 all information provided for this application is true and correct. r Artist or head of Cris Sandifer e April 1, 2008 Type or print name Date Proposalfor the MURRAY E. NELSON GOVERNMENT & CULTURAL CENTER by Cris Sandifer I was an admirer of Murray Nelson and have been looking forward to our beautiful new government center in the Upper Keys bearing his name. Since the planning stage of this building, 1 have been thinking about what would like to see there. I feel we should have some artwork that represents the Upper Keys and draws on the history of the area for its inspiration. I wanted something that would go beyond the typical keys subjects of flora, fauna, water, fish, or birds. I have decided that my theme and focus would be on "man's influence" in the Upper Keys. The base criteria of the images would be things that have been built by man and have survived time and are here today. Things that is available to be viewed and studied. I want these images to go beyond just the recording the subject matter but for each of them to become a unique piece of art. I have been researching the topic and have compiled a list of about a dozen possible subjects. I have started photographing these sites and I am very excited about the project. Some of the locations include: The Largo Sound Rock Castle (1920), the William Beauregard Albury house (1913), The Pioneer's Cemetery (Etta Pinder's Angel 1914), William Mathenson house (1919), and from the 1930's: a Red Cross house, the Caribbean Club, a few historic sites in Tavernier including the Hotel, the Islamorada Library, from the 40s and 50s; Art Mc Kee's Treasure Museum (1949), the Jewfish Creek draw bridge and the Marvin D.Adams Waterway. I have photographed two very old buildings on Buttonwood Bay and Jerry Wilkerson the local histo- rian is helping me research them. I am envisioning this series of digital paintings, based on my original photos and printed on canvas. My concept is the series will have a total of seven paintings. Five of them would hang on the Lobby Perimeter West Wall (35' x 8'.6") and two on the Lobby Perimeter West Wall to the Bridge (15' x 8'.6"). 1 think that all of the paintings should be a uniform square canvas of 48"(approx). I feel this shape will lend itself best to the space and the architecture of the lobby. I would prepare a group of possible images after I have finished my research and have taken multiple photos of each site. At this point I would like to work with an advisor from the AIPP committee to make a final decision of which subjects would produce the most interesting and artistic set of digital paintings. It would be nice if we can continue this working relationship until the project has been completed to satisfaction I use a very professional fine arts printer who has the latest equipment and technology. They start with the finest substrates, the giclee printing is done with the new Epson 11880 that has 360 nozzles per channel. They are then coated with a scratch and UV resistant varnish. The canvas prints they produce are second to none in terms of archival and color quality. I then take an extra step by giving the canvases a final coat of Golden UVLS removable varnish which will increase durability, facilitate cleaning and future conservation If my proposal is accepted, I will also be supplying a simple brochure to accompany the project. It will include a brief history and the location of each image plus photos to identify them. I would like to have the information available for anyone interested in the origin of the art. I will supply a few hundred of these and if more are needed the reproduction will be very inexpensive. Altemate Location; If the committee so chooses, these paintings could also work well in the two vestibules. It seemed that there was actually more wall space available than just the 12' wall listed in the targeted space. Moving the project to this area would necessiate the added cost of lighting to the price of the project. There could be a reduction in both their size and the quantity of the pieces for this area Thank you for your time in reviewing my proposal. I would love to have my project accepted and I would put my heart and my creative efforts into making this a beautiful blending of art and history that could be a lasting tribute to "man's influence" in the Upper Keys. Monroe County �ocilifies Development i U N 2 3 Z'G ULi Budget for the Proposal RECEiLED £J�:� Total for 7 Each peice, 48" x48" gallery wrapped canvas $900 $6300 The sides will be finished and not require any framing unless the committee decides that they would prefer having them framed. Additional for Frames: 250 1750 If the committee chooses a location that would benefit from lighting Lighting for each piece: 500 3500 Total cost foOV pieces: $6300 Total with framing: $8050 Total with lighting $10,800 Total with framing and lighting: $11550 Alternate Location: 1. Vestibule No. 101, N.E. wall - (12' X 8') and wall adjacent to comer 2. Vestibule No. 110,-S.W. wall - (12' X 8') and wall adjacent to comer total of six canvases at aprox 40" square. The reduction of the size would amount to L ss mated ice. sat $825 = $4950 plus lighting. ith lighting =$7950 1� Proposed layout for hanging on Lobby Perimeter West Wall (35' x 8'.6") and West Wall to the Bridge (15' x 8'.6") Ell Some of the sites will need revisiting to obtain photos with out any obstructions or a better view. Once the images are chosen, I will bring them into Photoshop to prepare them for painting. Then 1 will use "Painter" to create my digital paintings. I have a vast choice of brushes and techniques that 1 use in rendering the final images. This progam allows me to use brushes that work like watercol- ors or I can create the look of a traditional oil painting. There are a few styles that I have created that could work very well for these subjects. One effect that I have done quite successfully gives the images the look and feel of the old-fashioned hand colored black and white photographs. I will wel- come someone from the AIPP committee, so we can discuss the style that is best suited for the large format reproduction and viewing from a distance.