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Item C12BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 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 Nestor Madalengoitia for Art in Public Places at the Big Pine Key Park Community Center. ITEM BACKGROUND: On May 12, 2008 the Arts in Public Places Committee selected Nestor Madalengoitia's proposal for a wall mural approximately 22' x 9' for the second floor meeting room at a cost of $12,500.00. See attached. PREVIOUS RELEVANT BOCC ACTION: On May lb, 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: $12,500.00 COST TO COUNTY: $12,500.00 BUDGETED: Yes X No _ SOURCE OF FUNDS: Fund 308 REVENUE PRODUCING: Yes , No X AMOUNT PER MONTH Year 19 Pik - APPROVED BY: County Atty OMB/Purchasing ✓ Risk Management DOCUMENTATION: DISPOSITION: Revised 11/06 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Nestor Madalengoitia Contract # Effective Date: 08/20/08 Expiration Date: Contract Purpose/Description: Acrylic on canvas wall mural approx. 22' x 9' for the second floor meeting room at the Big Pine Key Park Communit Center. Arts in Public Places. Contract Manager: Ann Riger X4549 Facilities Devel/Stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 08/20/08 Agenda Deadline: 08/05/08 CONTRACT COSTS Total Dollar Value of Contract: $ 12,500.00 Current Year Portion: $ 12,500.00 Budgeted? Yes® No ❑ Account Codes: 308-25002-560620-CC0802-530310 Grrant: $ N/A - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ !yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Division Director Risk Manag ment h O.M.B./Pu basing County Attorney Comments: CONTRACT REVIEW Changes Date In Needed =�= Yes❑ No5g/ Yes❑ Noel"' Date Out "610KOHN Yes❑ No[2` S -* Yes❑ NoEE——� Form Revised 2/27/01 MCP #2 Monroe County Art in Public Places Award A regiment This AGREEMENT dated the 16a` day of Jul 2008, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County", and NESTOR MADALENGOITIA hereinafter "Artist', SSAN #051-72-0866 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 Big Pine Key Park Community Center. 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 tenninatior date. SCOPE OF AGREEMENT: The Artist shall provide Wall mural for the second floor meeting r€ anx that will run the length of the 22' wall, with a height that ravages from o' to 9' at the center. -Artist shall confer with and coordinate activities with the ^onstmction contractor on the job in order to insure that there is as much cooperation and cohesiveness in the inc-?mtorr^ on 0 dhe art into the huil4.;n- lit}t3s £ constru,,-tion, and �o (bif Plt� shall he the least amount of interference between the artist an(I the Contra(-tt)r, ANJ0;17%'T OF AGFLFf %A1F-NT AND PAVY %,IFNT- The Cc;: ntv .wliall provi-&-, an anioLlr:t not to exc-eed 812,500.00 for materials and services used to cri to and Inst"'ll tFtt proofed. The soarr4 of Coo tv Commissioners assumes no liabitit€' €o C.xi.-£.. _�.. .>F this, "...V: r'dL 'ionr0ks - i_~olunl '4 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. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder, the A r-tist iS an independent contractor and not an employee of the Boarsi of County Commissioners of Monroe County. No statement contained in this agreement shall b�- constrUed as to find the Artist or any of its employees, contractors, servants or agents to the employees of the Board of County Comrnis loners of Moruoe 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 fe ne t, the .Feist shall abide h all statuteordinances,rules and rle lations :� �y pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinance,, 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. A tilt represents that .artist is not on the Convicted VC-ndor 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 Nestor Madalengoitia 26 Marian Avenue Poughkeepsie, NY 12601 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: Flo 0 Alimm. VA� /` — BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman ARTIST: NESTOR MADALENGOITIA MONROE COUNTY ATTORNEY PR%OVED /AS TO RM: NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date 9— 5--©-iZ =rom: Karla Jerry AAl AU Mt3A /Al: MZIPn V. cw�, I' ........ ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 11120YYYY) 06/11/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LoVullo Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6450 Transit Rd HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Depew NY 14043 INSURERS AFFORDING COVERAGE I NAIL # INSURED Nestor M Madalengoitia INsuRFRA, RLI INSURANCE COMPANY 13056 26 Marion Avenue INSURER B Poughkeepsie, NY 12601 wsuxEu c. INSURER D INsuR�R � OVERAGES yTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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. INSR LTR DD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE MMIDDIYY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LABILITY BOP1005411 05/22/2008 05/22/2009 EACH GCCLIRRENCE DAMACE To RENTED PREMISES Eo occurence 1,000,000 $ 50,000 MEDFXp Anv ono pomon) $ 5,000 MADE1�1 OCCUR PERSONA. & ADV INJURY $ —:--]CLAIMS X Business Per Prop $5,200 X Add ins & Terrorism GFNFRAI AGGREGATF $ 1,000,000 GEI�I'L AGi_.REGATE LIMIT APPL IES PER PRu DUi.:TS - CiIMP/OP AC POLICY P 7 7 LUC AUTOMOBILE LIABILITY rac!! es Development COMB'.NED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILi INJURY (Perpersnn) R ALL OWNED AUTO S �� "1 1 `)O �.J LU 8 SCHEDULED AUTOS BODILY INJURY (Per a rodent) $ HIPtDAUIOS NON-OWNEDAUTOS zlL s�, PROPERTY DAMAGE (P., ai�:iilenl ) $ GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ OTHER THAN to ACC $ AN Y AU I O $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE OCCUR �CLAIMSMADE $ DEDUCTIBLE $ RETENTION $ V`!C STATU- OTH- WORKEiS COMPENSATION AND EL EACH AGCIDENT $ EMPLOYERS' LIABILITY ANY P ROPRI ET O RIPARTNER/EXECUTI V E OFFICEWMEMBER EXCLUDED^ I- L DISEASE - LA EMPLOYEE $ E L DISEASE POLICY LIMIT $ Ilyes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Board of County Commissioners Is an Additional Insured CERTIFICATE HOLDER Board of County Commissioners Attn Ann Riger Facilities Development 1100 Simonton St #2-216 Key West, FL 33040 ACORD 25 (2001/08) t-ANI. C L LH I I V N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEA VOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A UiFNO RIZED REPRESENTATIVE Co) ACORD CORPORATION 198E Date: `f L y' a,? Applicant Contact Information: Monroe County Art In Public Places REQUEST FOR PROPOSALS Application Cover Sheet Name: loi:_:�S o/— M A,) A I_ &5' N 6 o A, Address: Z (v lm A I , A7r✓ A J y & 14 V' 7 ` isles Phone(s): E-Mail: N f e i" Monroe County Website:_ In �� o �eSiarma d oMe- /+f tlie t aailtties Development Total Budget/Cost: J 17,, s� JUN 16 2008 rEnnE: Total Number of Art Pieces included in proposal: RECEIVED BY: Please briefly describe the following if applicable; if not applicable indicate with N/A. Special lighting required: /1 Irn Other special requirements: ,I I C. Type%amount of project access desired: AtteSS -t&- 114 f-, d„ Installation time required: 3- S da�Lp Maintenance requirements: ,I f . Artist maintains a $300,000 liability insurance policy: YA)/ No If no, please explain. Please check the following items to indicate they are attached: r" Written proposal. C7 Itemized budget. Concept drawings; 2 pages maximum (8.5" x 11") including color sketch ,QE digital rendition. Digital images PDF or ]PG not exceeding 75dpi - 5 images maximum. {� If 3-dimensional art proposal, one small model. Note: Support materials will = be returned to the applicant without prior pre -paid shipping. Signature confirming that all information provided for this application is true and correct. �liL Z /V,Ei_� 0 M CJy1.?9 Artist or head of organizat6n Type or print name Date Nestor Madalengoitia 26 Marian Ave • Poughkeepsie NY 12601 (845) 473-8185 nestormad@att.net h=:Hnestormad home attnet Proposal Big Pine Key Park & Community Center Image Description and Proposal I propose a wall mural for the Second Floor Meeting Room in the Big Pine Key Community Center. The mural will reflect on the use of the community center in the waterfront park, and depict underwater and recreation scenes that may take place in the area. Activities such as basketball, baseball, skating, fishing and sailing are depicted in the mural. The background consists of fish and coral, the blue clouds in the background are in the shape of Big Pine Key. In the picture, people are enjoying the precise interaction of fish, coral and the community, to give the picture a sense of unity. I use the underwater scene to give another sense of community - and then to reflect this in the people talking, walking and doing sports together. The enclosed sketch shows my proposal for the space. As this is just a sketch, I would be happy to work with county personnel and arts committee members to make revisions, if necessary for the final piece. I propose that the mural fill a large area of the wall - it will run the length of the 22' wall, with a height that ranges from 6' to 9' at the center. The piece will be bright and colorful, and will have an impact on people as the enter and use the area. The mural would be created with acrylic on canvas in my studio, and installed directly on the wall upon completion. It will then be coated with a varnish, which will protect it and allow it to be cleaned easily with mild soap and water. With this mural, I hope to embody the natural beauty of the area and the recreation of the community, and create a work that will highlight the space in the new center. --� Nestor Madalengoitia Big Pine Key Park & Community Center a) Artist's Fee: b) Materials: c) Fabrication Fee/Assistant(s) Fee: d) Travel/lodging for installation: e) Installation: f) Studio and Operation costs: g) Insurance: h) Photographic Documentation: Budget 111 Total: $ 12,500 A S