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HomeMy WebLinkAbout2017-154-E Arts - Mark Elliott - ART FOR ANIMALS Public Art Project DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 [Departmental Use Only] TITLE OCAC/Mark Elliott FY 16-17 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20 day of April, 2017, ("Effective Date")by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Mark Elliott(the"Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: See Exhibit A, "Request for Proposals: Art for Animals Public Art Project" which attached and hereby incorporated in this document by reference. The term of this agreement rendered shall be from March 1,2017 to June 30, 2017. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed five thousand, ($5,000.00). Provider shall be paid in two installments: the first in the amount of$2,240.00 and the second in the amount of$2760.00. The first payment is contingent upon receipt of the Agreement; the second payment is contingent upon completion of the services described in Exhibit A. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Revised 2/17 1 DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies,rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's Revised 2/17 2 DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 3 DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By bot/U/U, ika voit rstu1 By: Alt-AVM ((tb{� 9"• c'wager Titl , irki5t 40D40C... 200 S. Cameron St. P.O. Box 8181 Hillsborough,NC 27278 Revised 2/17 4 DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 Request for Proposals: ART FOR ANIMALS Public Art Project r A project of Orange County Arts Commission and Orange County Animal Services 11iik+e ,I /,°,a Introduction: The Orange County Arts Commission (OCAC) and Orange County Animal Services (OCAS) are seeking an artist to design, fabricate, and install an exterior, permanent art piece for OCAS. The facility, located at 1601 Eubanks Road in Chapel Hill, NC, completed construction in 2009 as a state-of-the-art center for the animal control and sheltering services for Orange County, NC. The beautifully constructed, 24,000 square foot facility features natural light, rainwater collection and efficient building materials. The presence of public art further enhances the campus of OCAS,which doubles as a gathering place for events and meetings. Please read more about the facility at http://www.wfarchitecture.com/pdf/article OCAS ed c.pdf. The artwork will be located outside one of the two primary entrances and unveiled during a special reception in Spring/Summer 2017. The sculpture will serve as a "greeter"to guests of OCAS and will be highly visible to patrons and visitors. It will also be visible from inside the facility and from its conference room. Project Intent: This art piece should: • Serve as a welcoming greeter to visitors of OCAS • Create a focal point of excitement and interest for the community • Be animal-themed in the context of the work OCAS does to promote the connection of people and pets • Be an original, site specific, standalone design • Be engaging and enjoyable in all seasons • Require minimal maintenance • Not pose any safety risks to the viewing audience • Be no larger than 5' x 5' in circumference (including the base) and max 10' in height Budget: Funding for the artwork is provided by OCAC and OCAS.A budget of$5,000 must cover all associated costs of the project, including but not limited to design, fabrication, materials, labor, transportation, insurance, and installation of the art feature. The selected artist will receive a contract for design, fabrication and installation services. The artwork shall be owned by Orange County, NC. The artist shall retain copyright, and must allow Orange County, OCAC, and OCAS permission to use images for educational and promotional purposes. DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 Eligibility: The project is open to artists living in North Carolina, age 18 and over, regardless of race, creed, color, sex, sexual orientation, gender identity, pregnancy, age, religion, political affiliation or beliefs, national origin, or handicap, unless a bona fide occupational qualification exists. RFP Selection Process: A review committee will evaluate all submittals and select the artist based on his/her application and the artistic merit of the proposal. Proposals should be developed enough to provide a good understanding of how the art will look within the context of the location. In the event that the committee does not reach a decision in the first round of applications, finalists maybe asked to present their proposals to the committee in person. Required Submission Materials: • Statement of interest/project proposal • Project budget including estimated costs for design, fabrication, materials, labor,transportation, insurance (up until the point of completion of installation), and installation of the art feature • Resume or CV (1-2 pages) • Up to five (5) work samples with a corresponding numbered list describing each image (limit to one page) • Visual support materials, including websites, digital images in pdf or jpg format, PowerPoint presentations,videos, CDs, DVDs, or prints • Self-addressed stamped envelope for the return of hardcopy materials (if needed) Schedule: January 31, 2017: Deadline for submission due at 5:00 p.m. (this is not a postmark deadline) Week of February 6, 2017: Committee review and selection of artist Week of February 20, 2017: Presentations by finalists in person (if needed) Late spring, 2017: Fabrication and installation completed (must be completed by June 30, 2017) To Apply: By mail: Drop off: Orange County Arts Commission Orange County Arts Commission Attn: Katie Murray Attn: Katie Murray P.O. Box 8181 (Link Building) 200 S. Cameron Street Hillsborough, NC Hillsborough, NC 27278 27278 Submissions may be emailed as a .zip file (10mb max) to arts@orangecountync.gov. Inquiries: Katie Murray Director, Orange County Arts Commission 919-245-2335 kmurray @orangecountync.gov DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 Site Photos: Orange County Animal Services Campus ♦` �` .„woes rosy ♦♦ _________---- `.\\ • • - - ♦• VIIIIIIIIIIII ----7 • / , ----!1 • ZY 7 ♦♦ , \ ♦ ♦♦ ♦, 8 \� 3 i :5 % `` l % I `� © '�.1 dog walking trails I � 2 rain garden 3 parking i I, , I 11 11tA� 4 secure sallyport 4 5 underground cisterns r+ 6 above ground cistern j'( ► _ 7 well 8 resource conservation yr + T district L - _ _;.. --- - - - 0 10 20 40 ■ '■ Exterior of OCAS including existing permanent art pieces, "Sit"and "Stay"by artist Mike Roig. , ,---2.-----NN •,,,.,_ . „-• . . ),0,,,, ,,- • . _:. • - - �, mew - ._ I� ■ ti .a.l -lid y a �. , 11! .• ii _ 'r .., ,,,R, .. DocuSign Envelope ID:B7AD4BB0-0F90-476C-9970-303BC301A3B8 Exterior of OCAS entrance. Yellow highlighted area indicates location of future art piece. - r V— L r ' iiiiiiiIiIiIiiiii— — — ----- 4007,-- 1 Ill 11111111111ffi . _ i E inir„, . . .... if r 1. ' flJfl li 3 �R L_ err-_ /4. I � 1 wry- 1U'max � L tii —5'x 5'max--• ■ • w�