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Backup Documents 09/13/2016 Item #16D10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Til 6 1 0 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG ► V.:r, Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to -&,,.,g f ! • ,,„`. at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney i eV 0 than Monday preceding the Board meeting. **NEW** ROUTING SLIP SEP 2 j 201'j Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with tMfe exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coe Office. Routed by Procurement Services to the �n gement Following Addressee(s) (In routing order) Office Initials Date 1. Risk Management RiskCR LQ 9-,A~��' 2. County Attorney Office County Attorney Office / 3. BCC Office '/1 / 01-322Z Board of County �D 6 Commissioners VIS-- ) ,4\\c.. 4. Minutes and Records Clerk of Court's Office 10(00(6 2446Pft.) 5. Return to Procurement Services Procurement Services Division Contact: Camille S-M PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Lissett De La Rosa for Rhonda Burns, Phone Number 239-252-8941 Procurement Staff 9/21/16 Contact and Date Agenda Date Item was 9/13/16 , Agenda Item Number 16.D.10 ,..---” Approved by the BCC Type of Document Contract ✓ Number of Original 2 Attached Documents Attached PO number or account N/A / Solicitation/Contract 16-6567 Museum number if document is Number/Company Exhibit Design, to be recorded Name Fabrication& ✓ Installation/Creative Arts INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 5 tip— of 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be -•L� signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip -Mr-- should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on the date above and all changes made ' J A^X,� during the meeting have been incorporated in the attached document. The County / ei4`Y 4 Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 1 6010 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 01 0 MEMORANDUM Date: October 4, 2016 To: Lissett De La Rosa, Purchasing Technician Purchasing Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #16-6567, "Museum Exhibit Design, Fabrication and Installation" Contractor: Creative Arts Unlimited, Inc. Attached for your records is an original copy of the contract referenced above, (Item #16D10) approved by the Board of County Commissioners September 13, 2016. The second original copy will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment o Ter County 161310 Administrative Services Department August 22"d, 2016 Procurement Services Division T.C. Stanmore Creative Arts Unlimited 3730 70 Avenue North Pinellas Park, FL 33781 RE: Contract# 16-6567 "Museum Exhibit, Design, Fabrication and Installation" Dear Mr. Stanmore: Enclosed is one (1) complete contract and an additional copy of the signature page. An authorized signatory of the firm must sign both copies in blue ink where indicated (page 10) and have it properly witnessed. If the person signing the contract is not listed on the Florida Department of State, Division of Corporations' website, please provide a Corporate Resolution or a notarized letter from one of the listed principals giving that person signature authority. In order for the Contract to be executed by the County, it will be necessary that you furnish: 1. Proof of insurance coverage by providing Certificate(s) of Insurance which state the following: a) Commercial General Liability with a single limit of$1,000,000 per occurrence; b) Business Auto Liability with a $1,000,000 minimum limit; c) Workers' Compensation meeting Statutory Limits; including Employers' Liability with a minimum limit of$1,000,000 each accident; d) Collier County Board of County Commissioners named as Additional Insured and Certificate Holder; e) Cancellation Clause stating Thirty (30) Days. Contracts returned to us for execution without the requested documents cannot be processed. Please return all enclosed documents to the Procurement Services Division as soon as possible. A copy of the fully executed contract will be returned to you immediately after it has been signed by the Chairman of the Board of County Commissioners. If there are any questions, please do not hesitate to contact Rhonda Burns, Procurement Strategist, at 239/252-8941. Very truly yours, Camille Shim-Marinos Procurement Technician C: Hailey Alonso, Project Mgr/Public Services Department Enclosure ,xsr� tee fta Roamed Services Division•3327 Tamiami Trail East•Naples,Florida 34112-4901 •239-2528407• v.colliergov.netlprocurementservices 16010 AGREEMENT #16-6567 for Museum Exhibit, Design, Fabrication and Installation THIS AGREEMENT, made and entered into on this t day of ` ' c L , 2016, by and between Creative Arts Unlimited, Inc., authorized to do business in the State of Florida, whose business address is 3730 70th Avenue North, Pinellas Park, Florida 33781, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating one (1) year from the date of the Board award or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon the issuance of a Purchase Order. 3. STATEMENT OF WORK. The Contractor shall provide Museum Exhibit Design Fabrication and Installation services in accordance with the terms and conditions of Request for Proposal (RFP) #16-6567, which includes Exhibit A - Scope of Work and the Contractor's proposal referred to herein and made an integral part of this Agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1 of 13 Agreement#16-6567 "Museum Exhibit, Design.Fabrication and Installation"0 t , 1610 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or designee, pursuant to Exhibit B "Fee Schedule," the price methodology as defined in Section 4.1, and together with Travel and Reimbursable Expenses as defined in this Agreement. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may purchase services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Any trips within Collier and Lee Counties are expressly excluded. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 ' Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Page 2 of 13 Agreement#16-6567 "Museum Exhibit,Design,Fabrication and Installation" 16D10 Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Creative Arts Unlimited, Inc. 3730 70th Avenue, Pinellas Park, Florida 33781 (727) 525-2066 Telephone; (727) 525-8689 Fax T.C. Stanmore, CEO Chuck@creativeartsinc.com All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Procurement Services Division 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Director, Procurement Services Division Telephone: 239-252-8407 Facsimile: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. Page 3 of 13 Agreement#16-6567 "Museum Exhibit, Design,Fabrication and Installation 16 D1 n 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. Page 4 of 13 Agreement#16-6567 "Museum Exhibit, Design,Fabrication and Installation" 16D1n 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. Page 5 of 13 Agreement#16-6567 "Museum Exhibit. Design,Fabrication and Installation" 1 6 0 1 n This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Museum Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A - Scope of Services, Exhibit B — Fee Schedule and RFP #16-6567 "Museum Exhibit Design Services." 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including Page 6 of 13 Agreement#16-6567 "Museum Exhibit, Design,Fabrication and Installation" • 16D10 but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes), and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 7 of 13 Agreement#16-6567 "Museum Exhibit, Design, Fabrication and Installation" 0 16D10 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service delivery dates. Page 8 of 13 Agreement#16-6567 "Museum Exhibit, Design,Fabrication and Installation" 16D10 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal (RFP), the Contractor's Proposal, and/or the County's Board approved Executive Summary, this Agreement shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 9 of 13 Agreement#16-6567 "Museum Exhibit, Design,Fabrication and installation' 16D10 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brook, Clerk of Courts 4410 ;et, By: 'OJ.4 \ C' By: Donna Fiala, Chairman Dated: tD�` ��� (SEAL) : Arrest oas thairman's signature'only, Creative Arts Unlimited, Inc. Contractor <.-"7C _ By: L `!�', . F sWitness Signature k00.1\r , k7 77 5 4tJMQat Cid TType/print witness nameT TType/print signature and titleT 7IUL.es Second Wit s \t'Q1l c TType/priint witness nameT Ap• •veo a. • For a r d Legality: t aunty Attorney Print Name Item# DSO Agenda/),cj Date "� �O Date –'- Reed ��---►— `fes Aloy Deputy CI 1111;‘, Page 10 of 13 Agreement#16-6567 "Museum Exhibit,Design,Fabrication and Installation" EXHIBIT A SCOPE OF SERVICES 1 6 010 The Contractor shall provide the following services, at the County's request, on an "as needed basis" subject to budget availability, including but not limited to: • Meet with County project manager to discuss the exhibit and begin outlining a scope of work for the project. • Provide design services for temporary and permanent Museum displays. This scope of the design, creation and fabrication shall include, but not be limited to the following: o Design/Development and Related Services o Production of Exhibit Fabrication Documents and CAD drawings o Fabrication Services and Delivery to site o Installation and Mounting o Miscellaneous: • Survey & Layout • Permitting • Job Site Cleanliness • Management & Supervision • Project Record Documents; As-Built Surveys • Drawings • Code Compliance • Temporary Protection • Scaffolding • Coordination with Others • Owner Furnished/Design/Builder Installed (OF/CI) Items • Warranties • Provide the Collier County Museum with a complete and comprehensive exhibit design and building plan in strict accordance with the design criteria and specifications set forth in the RFP. The Exhibit Designer/Fabricator/Installer shall prepare and provide a Conceptual Exhibit Plan, Design Development documents, Fabrication/Shop Drawings, Manufacturer's Specification cut sheets, Fabrication/Installation Documents, and Post-Design Services. Conceptual master plan design documents should include: o Scaled floor plan with color: '/4" = 1' (with labeled component description item numbers for location identification), o A minimum of three (3) perspective color views 11" x 17," and o Component descriptions list. • Provide subcontractors who are able to furnish materials or equipment fabricated to any special design proposed for such portions of the work as may be designated in the future proposal(s) for work including, but not limited to: Page 11 of 13 Agreement#16-6567 "Museum Exhibit, Design,Fabrication and Installation" o Caseworks, o Graphics, Graphics design and reproduction, 6 kJ 1 0 o Acrylic Fabrication, o Metal Fabrication, o Glass Fabrication, o Electrical Components, o Audio visual Components, and o Lighting and Fiber Optics • Present fabrication and installation services, prices and schedule for the exhibits identified. Pricing proposals must be inclusive of design, fabrication and mounting, installation and project management services, including all labor and materials for contractors and subcontractors. • Proceed with fabrication once approval has been given by the Museum project manager and Purchase Order is issued. • Coordinate the integration and installation of exhibits and historical objects according to the schedule provided, including, but not limited to: o Project manager/Designer must be on-site during the entire installation, o Project manager shall conduct weekly construction/progress meeting during installs, o Project manager must provide a time schedule for installations, o Project manager shall address all warranty for the installation for at least one year; warranty work phone calls to the contractor must be responded to within eight business hours, and o All travel expenses shall be included in the quotes provided to the County and shall not exceed the State of Florida's travel and meal per diem set forth in section 112.061 Florida Statutes. • Protect the exhibits and historical artifacts from theft, damage from visible and non- visible light spectrums, humidity, ambient air quality, temperature and environmental conditions, corrosive reactions and interacting materials. • Provide exhibit elements and caseworks that are flexible in design and provide techniques for mounting graphics. Themed elements should be of a nature as to minimize penetrations and damage to the building's original walls, and provide access for easy and routine maintenance and cleaning by Museum staff. Page 12 of 13 Agreement#16-6567 "Museum Exhibit, Design, Fabrication and Installation" 16D1O Exhibit B "Fee Schedule" Professional Hourly Rate Principal $150 Creative Director $125 AN Technology Programmer* $120 Shop Director $120 Graphic Artist/Illustrator* $90 Off-Site Installers $90 Skilled Fabricator* $85 *For every ten (10) worked on each project the Contractor will charge one (1) hour of either the Principal or Creative Director, for the supervision of the work-product. Leased Equipment Actual Cost plus 20% mark-up Materials Actual Cost plus 25% mark-up In-House CNC Router and operator $150 per hour Page 13 of 13 Agreement#16-6567 "Museum Exhibit. Design, Fabrication and Installation" e, i4C R® CERTIFICATE OF LIABILITY INSURANCE 1. v 0 ID�(MPNOWYYYY) �� 8/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brown&Brown Insurance Clearwater NAME: April Wolfe 83 Park Place Blvd., Suite 101 PHONE 727-461-6044 Fate 727 461 6044 FAX No): 727-442-7695 Clearwater FL 33759 D IREESS:awolfe@bbpinellas.com INSURER(S)AFFORDING COVERAGE NAIC# INsuRERA:Southern-Owners Insurance Company 10190 INSURED CREAART-01 INSURER B:Owners Insurance Company 32700 Creative Arts Unlimited Inc. INSURER c:Associated Industries Insurance Com 23140 3730 70th Ave N Pinellas Park FL 33781 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:37563136 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF ADDL SUER POLICY EFF POLICY EXP INSURANCE LTR INSD WVD POLICY NUMBER (MM/DD(YYYY) (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y 20425731 3/15/2016 3/15/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $3,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ B AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT 9542573104 3/15/2016 3/15/2017 (Ea accident) $1,000,000 _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDSCHEDULED AUTOS X AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ $ A X UMBRELLA LIAB X OCCUR 9542573105 3/15/2016 3/15/2017 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED X RETENTION$0 $ C WORKERS COMPENSATION AWC 1061793 4/1/2016 4/1/2017 X STATUTE OTH- ER RS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract#16-6567 Museum Design, Fabrication and Installation Collier County Board of County Commissioners is named as an additional insured to the policies if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples FL 34112-4901 AUTHORIZED REPRESENTATIVE .kif TAXI##144Vikle" { ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD