HomeMy WebLinkAbout2025-436-E-County Mgr-Waller Foushee Studios-UproarRevised 01/24
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[Departmental Use Only]
TITLE Uproar Art Installer
FY 26
NORTH CAROLINA
SERVICES AGREEMENT NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this 15 day of
July, 2025, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Waller Foushee Studios,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Art installation for Uproar Festival of Public Art
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services required
in Section 3 to satisfactorily complete the Project within the time limitations set forth
herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and submission of all work related to the
Basic Services.
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ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it or its employees,
agents and subcontractors engaged in such activities possess such licenses,
certifications, or credentials and that such licenses certifications, or credentials are
current, active, and not in a state of suspension or revocation.
vi) Should any documents, exhibits, or addenda be attached to this Agreement, the
terms of this Agreement shall have priority in any conflict with or among the terms
of such referenced documents, exhibits, or addenda.
vii) Should this Agreement involve project designs, the construction or creation of
which is to be bid out or fulfilled by other contractors, and bidding or negotiation
with contractors produce prices which, when added to the other elements of the
approved total project cost, produce a cost that is in excess of the approved total
project cost, the Provider shall participate with the County in negotiation and design
adjustments to the extent such are necessary to obtain prices within the approved
total project cost. All activity of the Provider with respect to these matters shall
constitute Basic Services and shall be performed by the Provider without additional
compensation. If negotiation and design adjustments fail to bring costs within the
total project cost the County may reject all bids and Provider will redesign or reduce
portions of the project in an effort to reduce the bid prices to within the total project
cost and rebid the project. One such redesign is included within Basic Services. If
this second letting for bids does not produce bids that are within the approved total
project cost initially or after negotiations with the contractor the cost is not reduced
to an amount within the total project cost, the Provider is not obligated to engage
in further redesign.
3. Basic Services
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a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): See attached Scope of Work
4. Duration of Services
a. Term. The term of this Agreement shall be from July 15, 2025 to August 27, 2025.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in accordance
with the approved project schedule at no additional cost to the County.
iii) The Commencement Date for the Provider's Basic Services shall be July 15, 2025.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services satisfactorily (as
determined by the County) performed pursuant to this Agreement. The maximum amount
payable for Basic Services shall not exceed eight thousand Dollars ($8,000). Payment for
satisfactorily performed Basic Services shall become due and payable within thirty (30)
days of Provider properly invoicing County. Payment shall be subject to provisions of
Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice until
the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Katie Murray, Orange
County Arts Commission Director) to act as the County's representative with respect to
the Project who shall have the authority to render decisions within guidelines established
by the County Manager or the County Board of Commissioners and who shall be available
during working hours as often as may be reasonably required to render decisions and to
furnish information.
7. Insurance
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a. General Requirements. 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 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 General Liability insurance (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.
8. Indemnity
a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without
limitation, to defend, indemnify and hold harmless the County from all loss, liability,
claims or expense, including attorney's fees, arising out of or related to the Project and
arising from property damage or bodily injury including death to any person or persons
caused in whole or in part by the negligence or misconduct of the Provider except to the
extent same are caused by the negligence or willful misconduct of the County. It is the
intent of this provision to require the Provider to indemnify the County to the fullest extent
permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days’ prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause. Either party may
terminate this Agreement upon notice to the other party that obligations pursuant to this
Agreement are made impractical due to declarations of emergency by Orange County or
by North Carolina due to events directly impacting Orange County. Both parties shall
remain responsible for all payment and performance due up to the receipt of such notice,
but shall have no further obligation or responsibility beyond that date provided the
terminating party has taken all reasonable steps to complete the performance of its
obligations.
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c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider. Upon request of the County, the Provider shall submit to County all
relevant documentation, including but not limited to, job cost records, to support its
claims for final compensation.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any electronic
data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a waiver
of any claim for damages by the County for any breach of this Agreement or a waiver of
any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other. There are no third-party beneficiaries of this Agreement and
nothing in this Agreement, express or implied, is intended to confer on any person other
than the parties hereto (and their respective successors, heirs and permitted assigns), any
rights, remedies, or obligations.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are 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 identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange
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County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange
County policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any
violation of the Orange County Non-Discrimination Policy 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.
d. 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.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or things
shall become the property of the County and may be used on any other project without
additional compensation to the Provider. The use of the documents, items or things by the
County or by any person or entity for any purpose other than the Project as set forth in this
Agreement shall be at the full risk of the County.
h. 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 or not appropriated for the performance of
County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability or non-appropriation of public funds. It is expressly agreed that County shall
not activate this non-appropriation provision for its convenience or to circumvent the
requirements of this Agreement.
In the event of a change in the County’s statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
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i. Signatures. 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.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name
Attention:Katie Murray Michael Waller
P.O. Box 8181
Hillsborough, NC 27278
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
Travis Myren, County Manager
By: __________________________________
Michael Waller
Printed Name and Title
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7/15/20257/17/2025
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ORANGE COUNTY—INTERNAL USE ONLY
______________________________________________________________________________
Finance Information
Vendor Name: Waller Foushee Studios Vendor Contact Person: Michael Waller Phone: Address: 4508 St.
Mary's Rd City Hillsborough State: NC Zip: 27278 Department: County Manager Amount: 8,000 Purpose:
Uproar Budget Code(s): 34600020-900057 Vendor # 59318
Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No
Contract Details
Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment )
Effective Date 7-15-25 End Date 8-27-25 Notice Date (Notice Purpose )
Award
Approved by Board (Agenda Date: ); Made or Administered by
Signature Authority
- BOCC Express Delegation (Agenda Date: )
- Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000
- Budget Policy Section XV (Capital Improvement Project: )
Bidding
Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# )
Department Affirmation
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement.
This agreement is approved as to technical form and content . Services related to this agreement have already
begun or been completed. Description of the nature of the emergency condition that was addressed:
Department Director’s Signature ________________________________________ Date: ________
Information Technologies
This agreement has been reviewed and is approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Inapplicable because no hardware/software purchases or related services
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Received for record retention:
Office of the Clerk to the Board __________________________________________Date:________
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7/15/2025
7/16/2025
7/17/2025
7/17/2025
Scope of Work: Uproar Art Installer
Client: Orange County
Art Installer: Waller Foushee Studios
Date of Agreement: July 14, 2025
Contract Dates: July 15, 2025 – August 27, 2025
Location: Multiple venues throughout the downtowns of Chapel Hill, Carrboro, and Hillsborough
Reports to: Orange County Arts Commission (OCAC) director
1. Objective
To provide professional, safe art installation for Uproar Festival of Public Art, a family-friendly and accessible arts festival,
with the following outcomes as they relate to the 2025 Strategic Plan:
• Diverse and Vibrant Economy: Large-scale events are a significant economic driver. Revenues will be directly
generated for the County through visitor spending in the local business community.
• Healthy Community: The position will allow more family-friendly cultural events and festivals, a need expressed by
Orange County stakeholders during the Strategic Plan process.
2. Services Provided
The Art Installer will provide the following services for Uproar:
- Pre-Event Planning:
o With the OCAC director, review the needs of the art sites and artworks to determine logistics, installation,
and volunteer needs.
- Day-of oversite of installation:
o On-site management of art installation.
o Artist assistance and troubleshooting.
o Communications with assigned volunteer helpers.
o Ensuring all safety guidelines and procedures as communicated through Orange County and the towns of
Chapel Hill, Carrboro, and Hillsborough.
o Providing needed equipment and supplies including but not limited to tools, ladders, and anchoring
hardware.
- Day-of oversite of deinstallation:
o On-site management of the removal of art.
o Artist assistance and troubleshooting.
o Restoration of installation site to its original state, including but not limited to patching and hole -filling
o Ensuring all safety guidelines and procedures as communicated through Orange County and the towns of
Chapel Hill, Carrboro, and Hillsborough.
o Providing needed equipment and supplies including but not limited to tools, ladders, and anchoring
hardware.
- Post-Event Services
o With OCAC director and relevant staff, contribute to post-event debrief.
3. Timeline
• Installation: local artists Monday, July 21 – Friday, July 25, 2025
• Installation: out-of-town artists Monday, July 28 – Friday, August 1, 2025
• Kick-off Party Friday, August 1, 2025, 6-9pm, Eno River Brewing, Hillsborough
• Awards Party Saturday, August 23, 2025, 6-9pm, Current ArtSpace + Studio, Chapel Hill
• Deinstallation Sunday, August 24 – Wednesday, August 27, 2025
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4. Fees and Payment Terms
- Total amount payable shall not exceed $8k including $7,500 for installation services and up to $500
reimbursement for supplies. Reimbursements must include receipts. Further costs and reimbursements require
written amendment to this agreement
- Payment Schedule: $3,750 to be paid upon execution of the contract. $3,750 to be paid upon competition
pursuant to the terms of the agreement. Supply reimbursement will be provided within 30 days of conclusion of the
event.
5. Responsibilities
Art Installer:
- Securing of required insurance policies (see minimum requirements here) and submitting Certificates of Insurance
to Orange County Risk Management.
- Maintain regular communication with OCAC director
- Ensure timely execution of tasks
- Act in the best interest of the OCAC and Orange County
OCAC:
- Provide timely approvals and decisions
- Make agreed payments on time
- Cooperate with installer in secure site, volunteer, and artist details ahead of installation
6. Assumptions and Exclusions
- Installer is not responsible for weather-related issues
- Installer does not assume liability for third-party vendor actions
- Any work outside the scope will require a change order and may incur additional fees
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From:Travis Myren
To:Katie Murray
Subject:RE: Insurance for Uproar
Date:Thursday, June 12, 2025 8:31:40 AM
Attachments:image001.png
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Yes. We can proceed without the professional liability coverage. We are out of time.
From: Katie Murray <kmurray@orangecountync.gov>
Sent: Wednesday, June 11, 2025 1:36 PM
To: Travis Myren <tmyren@orangecountync.gov>
Subject: FW: Insurance for Uproar
Importance: High
Hi, are you still ok waiving the requirement for Prof. Liability insurance for my installers? I need
to get the ball rolling on this really soon and can’t till I have an answer.
Again, GL naming county as AI would be keeping with the norm and what Raleigh, Cary, and
Chapel Hill require.
The PL quote one guy got was $6k. We are paying them each $5k. This would be an additional
$18k of unbudgeted expense and we are only at 45% of our fundraising goal without this
additional cost.
Katie
From: Melissa Tegeder <mtegeder@orangecountync.gov>
Sent: Thursday, June 5, 2025 11:38 AM
To: Katie Murray <kmurray@orangecountync.gov>; Travis Myren <tmyren@orangecountync.gov>
Cc: James Bryan <jbryan@orangecountync.gov>
Subject: RE: Insurance for Uproar
Katie,
PLI can be acquired by individuals or companies for their services. I confirmed this from our broker
who I’ve spoken to twice now about this topic.
My recommendation to have the installers have this coverage is to protect the county and the
installers from costs related to a lawsuit if there is an error in the installation that causes damage or
injury. If the installer does not have this coverage, they likely will have to pay for the expenses on
their own or the county likely be the target of the claim since its our event and have funds to pay for
claims.
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If this was a simple art show, I would not be concerned with the installers having this coverage. But
as I stated below, there are too many unknowns and the goal is to protect the county.
At this point, I have stated what I think should be in place for this event. If Travis feels comfortable
waiving the recommendation, that is up to him.
Melissa Tegeder
Risk Management Director
ClearRisk Incident Reporting System (County Employees only)
“Human Error is not a cause, it’s a consequence.”
131 W Margaret Street,3rd Floor, Hillsborough, NC 27278
(919) 245-2155
www.orangecountync.gov
CONFIDENTIALITY NOTICE: All email messages, including any attachments, generated from
or received by this account are the property of Orange County Government and as such are
considered public domain and are subject to the North Carolina Public Records Law. Certain
confidential information may be transmitted and any unauthorized review, use, disclosure or
distribution is prohibited. If you are not the intended recipient, please contact the sender by
reply email and destroy all copies of the original message.
From: Katie Murray <kmurray@orangecountync.gov>
Sent: Wednesday, June 4, 2025 6:38 PM
To: Travis Myren <tmyren@orangecountync.gov>; Melissa Tegeder
<mtegeder@orangecountync.gov>
Cc: James Bryan <jbryan@orangecountync.gov>
Subject: Insurance for Uproar
Importance: High
All,
I found out today that Professional Liability insurance is only for people who have professional
certifications like engineers, architects, etc… No certification exists for art installation.
I reached out to my public art colleagues with City of Raleigh and Town of Cary – both of them
have massive, long-standing public art programs and they’ve also been doing this work for
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years. For both cities, artists are required to have General Liability ($1,000,000 each
occurrence and $2,000,000 aggregate) and are required to issue COIs naming the city as
additional insured. If an artist doesn’t have GL insurance, they are required to hire an installer
who does… someone similar to the three guys I’m using who are professional sculptors.
Neither Raleigh nor Cary have had issues under this arrangement.
With these things considered, combined with the relatively low risk of this year’s installations,
I’m requesting that GL is considered sufficient for Uproar.
Travis, I mentioned this to you today, but here was Melissa’s reasoning on why she was
recommending Professional Liability:
Professional Liability insurance for large scale art installation.
My recommendation for the installers having professional liability coverage is due to the
complexity of the installations (larger in scale).
These installations are not like hanging a picture in an art studio. The terrain, weight
and complexity of the work comes with risks with the installation.
The other piece is if the installer is providing advice or guidance on the installation. This
is similar to an engineering consultant who provides guidance on specific installation
requirements.
In the event where a property owner or artists alleges some negligence, errors, or
omissions in how the art was installed, the professional liability insurance would help
cover costs for defense, settlements, and judgements resulting from lawsuits or claims.
Its in their best to have this type of coverage.
This insurance safeguards the County against claims that a vendor's services or
advice caused such as financial harm due to negligence, errors, or omissions.
Yes, the cost of insurance can be high, but its usually cheaper than have a major claim
put against you for a mistake that took place.
I’m at the point where I feel like I’ve done everything I can do to ease Melissa’s mind in terms of
trying to find a contractor, trying to get this PL situation figured out, and I’ve hit a wall. I’m also
running out of time to get this figured out.
Please let me know if a GL policy will be ok for this year.
Katie
Katie Murray
Director, Orange County Arts Commission
Executive Director, Orange County Arts Alliance
Docusign Envelope ID: 98A57F5A-7FCA-403F-BB09-9C07F1D3DAF2
she/her
Eno Arts Mill
437 Dimmocks Mill Road, Suite 17
Hillsborough, NC 27278
919-245-2335
kmurray@orangecountync.gov
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Docusign Envelope ID: 98A57F5A-7FCA-403F-BB09-9C07F1D3DAF2