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Item C17 BOARD OF COUNTY COMNllSSIONERS AGENDA ITEM SUMMARY Meeting Date: Julv 15. 2009 Division: Public Works Bulk Item: Yes ~ No - Department: Facuities Maintenance Staff ConUlct PersonJPhone #:John W. KingJ292-453I AGENDA ITEM WORDING: Approval to award bid and execute an agreement with Carlos Delgado, dJb/a Dega Art Surfaces, LLC for concrete scoring and coloring at the African Cemetery Memorial Project in Key West. ITEM BACKGROUND: At the July 11,2007 DAC 1 meeting, the County's Facilities Maintenance Department filed an application for a bricks and mortar capital projects grant, The purpose oftbe grant was to construct a memorial on the site of the African Cemetery on Higgs Beach which conUlins the remains of African slaves, freed at sea by the US. Coast Guard, who perished here while awaiting transport back to Africa, The concept and design presented to DAC 1 at the July] 1, 2007 meeting was rendered by the African Cemetery Memorial Committee beaded by Ms, Norma Jean Sawyer. DAC I approved an overall budget 0[$118, 500 for the project with $15,000 of that for Artist Fees and $10,000 for Project Coordination, Research and Expenses. The concept includes specific artist's renderings and designs, including ornate fencing, concrete engravings, memorial plaques and artistic renderings depicting the journey form Africa to the United States. Since the actual work itself involves engraving of concrete, casting of plaques, etc" the County found it necessary to issue an RFP for the actual concrete scoring and coloring work at the memorial site, Bids were opened on April 7, 2009 with Carlos Delgado, d/b/a Dega Art Surfaces, LLC being the sole respondent. PREVIOUS RELEVANT BOCC ACTION: On March 19,2008, the BOCC approved entering into an agreement with Professor Dinizula Gene Tinnie to assist the County with preparation of project specifications and preparation of the RFP as well as work sequencing for this project. CONTRACT/AGREEMENT CHANGES: new contract ST AFF RECOMMENDATIONS: Approval TOT AL COST:$50,00O.OO INDIRECT COST: BUDGETED: Yes X-No - COST TO COUNTY: same SOURCE OF FUNDS: IDC REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH - Year APPROVED BY, County Atty r OMBIPW"c1""ing _ Ri,k M_em,nt_ DOCUMENTATION: Included ---X- Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 M E M 0 R AN D UM DATE: June 15, 2009 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sf. Director Lower Keys Operations RE: Agenda Item - July 15, 2009 BOCC Meeting Approval to award bid and execute Agreement with Carlos Delgado, d/b/a Dega Art Surfaces, LLC for concrete scoring and coloring at the African Cemetery Memorial Project, Higgs Beacb, Key West. At the July 11, 2007 DAC I meeting, the County's Facilities Maintenance Department filed an application for a bricks and mortar capital projects grant. The purpose of the grant was to construct a memorial on the site of the African Cemetery on Higgs Beach which contains the remains of African slaves, freed at sea by the US, Coast Guard, who perished here while awaiting transport back to Africa. The concept and design presented to DAC I at the July 11, 2007 meeting was rendered by the African Cemetery Memorial Committee headed by Ms, Norma Jean Sawyer, DAC J approved an overall budget of$118, 500 for the project with $15,000 ofrhat for Artist Fees and $10,000 for Project Coordination, Research and Expenses. This concept includes specific artist's renderings and designs, including ornate fencing, concrete engravings, memorial plaques and arristic renderings depicting the journey from Africa to the United States, among others. Since the actual work, itself, engraving of concrete, casting of plaques, etc" the County found it necessary to issue an RFP for the actual concrete scoring and coloring work at the memorial site, On March 19, 2008, the BOCC approved entering into an agreement with Professor Dinizula Gene Tinn.ie to assist the County with preparation of project speciiications and RFP preparatioll, as well as work sequencing for this project. Bids were opened on April 7, 2009 with Carlos Delgado, d/b/a Dega Art Surfaces, LLC being the sole respondent I hereby recommend approval to award bid and execute an agreement with Carlos Delgado, d/b/a Dega Art Surfaces, LLC for concrete scoring and coloring at the African Cemetery Memorial Project in Key West. JWKJjbw Enclosures '" I J:: +- +- III I: '5 I- '" 0 U "0 ' 11.1 "'11 ..ll: __ P'\ 0...... 0 OIl ,- J:: U 0::: U 2l.. 0- I: III OIl '" ...I OIl E .1:> ,_ 4 '" +- .... 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'" W ~~ 'E III $"0 5 ...I E ij C>- '" ol 0 I- U)< 0..0 L+- .... 00 I I,J E '" 0 -0 I- '"tl OIl J::+- <is: -lW <Xi:; HU) cr:Cl L <(2 UCl MONROE COUNTY BOARD OF COUNTY COMMISSIONERS COKTRACTSUM:MARY Contract with: Carlos Delgado, d/b/a Contract # - Dega Art Surfaces, LLC Effective Date: July 27, 2009 Expiration Date: Sept 30, 2009 Contract ?urpose/Descriprion: African Cemetery Memorial at Higgs Beach - concrete scoring and coloring Contract Manager: Jo R Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meetin~ on 07/15/09 Agenda Deadline: 06/30/09 CONTRACT COSTS Total Dollar Value of Contract: $ 50,000,00 Current Year Portion: $ 50,000.00 Budgeted? Yesl2?J NoD Account Codes: 11l-77040- TM87615Y-530340 Grant $ N/A - - - - ----~ County Match: $ N/A - - - - --- - - - - --~-- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities. ianitorial, salaries, etc,) CONTRACT REVIEW Changes Date Out Date In Needed. h ~--Reviewer Division Director;~~ ",:esD Nogl, ~ ' ~:_M,"~m,* lt~~Y~lfv"DN~~l)~, ,,~; . O,M,BJPurchas'kg 11';;,,'\ YesD NoG:l- '--t' ,;;/ ~\~~\:0~ /{. ,I J l Ii/,>' YesD N~ .' IV County Attorney ! '. / . f " "'--t~,-- G '--, Comments: , / OMB Form Revised 2127/0 1 MCP #2 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA CONCRETE SCORING AND COLORING FOR AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST. MONROE COUNTY. FLORIDA This Agreement is made and entered into this _ day of . 2009, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and CARLOS DELGADO, dbJa DEGA ART SURF ACES, LLC. ~'CONTRACTOR"), a Florida Limited Liability Company, whose address is 4350 SW 4 Street, Coral Gables, FL 33134. WHEREAS, COUNTY desires to provide concrete scoring and coloring for the African Cemetery Memorial Project, Key West, Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide concrete scoring and coloring for the African Cemetery Memorial Project, Key West, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide concrete scoring and coloring for the African Cemetery Memorial Project, Key West, Monroe County, !lOW therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, ail change orders, the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK: The CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation, services, and incidentals, and perform all the work necessary in accordance with the specifications entitled: CONCRETE SCORING AND COLORING AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA Project is located on Casa Marina Court, Key West, Florida 33040. The work includes scoring the lines of the design on the concrete slab, applying permanent acid stain color to the slab and the columns, polishing the surface of the columns, and applying sealer, in two phases, as contained and described within Exhibit A attached hereto, Following instalJation of the tiles and the fencing, touch-up work will be required in re-applying color and sealer to any surrounding small areas which might have been damaged. The CONTRACTOR shall be responsible to obtain any necessary permits during the term of this contract. AGREEMENT 1 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA The CONTRACTOR shall provide to COUNTY a construction scheduJe prior to commencing work. 3. CONTRACT AMOUNT The COUNTY sball pay FIFTY THOUSAND AND NO/IOO DOLLARS ($50,000.00) to the CONTRACTOR for the faithful performance of the Contract, in lawful money of the United States at completion of any fina1 touch-up work that may be necessary after tile and fence installation. 4. PAYMENT TO CONTRACTOR A. Acceptance of payment by the Contractor shall constitute a waiver of all claims against the County by the ContraCtor. B. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners, C. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR D. CONTRACTOR shall submit to COUNTY invoices with supporting documentation accepUlble to the Clerk, at completion. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds, 5. TERM OF AGREEMENT This Agreement shall commence on July 21, 2009, and ends upon completion or no later than September 30, 2009, unless terminated earlier under paragraph 19 of this Agreement. 6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses, Proof of such licenses and approvals shall be submitted to the COUNTY upon request. 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the AGREEMENT 2 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec, 55.03, FS, running from the date the monies were paid to CONTRACTOR. 8. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in ~njunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR, 9. HOLD HARMLESS AND INSURANCE CONTRACTOR ~venants and agrees to indemnify and hold illumless Momoe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (iILc1uding attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employer's Liability coverage in the amount of $]00,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000,00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, If single limits are provided, the minimum acceptable limits are $50.000,00 per person, $100,000,00 per occurrence, and $25,000,00 property damage, Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles, COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. AGREEMENT 3 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA CERTIFICATES OF INSURANCE, Original Certificates of illsurance shall be provi.ded to the COUNTY at the time of execution of this Agreement and certified copies provided if requested, Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida If requested by the County Administrator, the insurance coverage shall be primary insurauce with respect to the COUNTY, its officials, employees, agents and volunteers, MONROE COUNTY BOARJ) OF COlJNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON-W AlVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida SUltuteS, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County, No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County, 12. NONDISCRIMINA nON COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply \V'ith all Federal and Florida statutes, and all local ordinances, as applicable, relaticg to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discri.mination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss, 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, AGREEMENT 4 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA Treatment and RehabiliUltion Act of 1970 (PL 9]-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, S5, 523 and 527 (42 USC ss, 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. ]201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrirniruttion provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR. which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board, 14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said sUltures, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq" Florida Statutes, COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conilicting employment or contractual relationship; and disclosure or use of certain information, AGREEMENT 5 FEBRUARY 2009 CONCRETE SCORING AND COLORING far AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis, COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to termirulte this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commissio~ percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County ~e-(d' .D~~ Facilities Maintenance Department (( '3'S't) S;,(JJ, % 3583 South Roosevelt Boulevard ('OCAL ~/J:t.iJ~(3C/ Key West, FL. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 18. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes, CONTRACTOR sball not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption AGREEMENT 6 FEBRUARY 2009 CONCRETE SCORING AND COLORING Tor AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 19. TERMINATION A, The COUNTY or CONTRACTOR may terminate this Agreement for cause v,.ith seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination, e- If the CONTRACTOR is adjudged a bankrupt, or if be makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeated refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an establisbed scbedule (failure to maintain schedule shall be defined as any scheduled activity that falls seven (7) days or more behind schedule) or if he fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violations of a provision of the Agreement, then the COUNTY may, without prejudice to any right or remedy and after giving the CONTRACTOR and his surety, if any, seven (7) days written notice, during which period CONTRACOTR fails to commence correction of the violation. terminate the employment of the CONTRACTOR and take possession of the site and of all materials, equipment, tools, constrUCtion e<juipment and machinery thereon owned by the CONTRACTOR, and may finish the Project by whatever method the COUNTY may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 2. Reasonable terminal expenses incurred by the COUNTY may be deducted from any payments left owing the CONTR.i\CTOR. 20. GOVERNING LAW, VENlJE.INTERPRETATlON, COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be penormed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida 21. MEDIA nON The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal AGREEMENT 7 FEBRUARY 2000 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA proceeding, Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant., condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken proviSion with a valid provision that C<lmes as close as possible to the intent of the stricken provision, 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system, 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERA nON In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement., COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. AGREEMENT 8 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA 26. BINDlNG EFFECT The terms, covel1':l1lts, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shalL be approved by each party prior to submission, 29. PRIVILEGES AND IMMUNITIES AJJ of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 30. LEGAL OBUGA nONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed. upon the entity by law except to the extent of actual and timely performance thereofby any participating entity, in which case the performance may be offered in satisfactioD of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or stamtory duties of the COUNTY, except to the extent permitted by the Florida constitution, state starnte, and case law. 31. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service Dr program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or empLoyee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. AGREEMENT 9 FEBRUARY :2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST. MONROE COUNTY, FLORIDA 32. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime SUltement, an Ethics Statement, and a Drug-Free Workplace Statement. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be Uable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart, 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a COntract 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 a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract 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." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. AGREEMENT 10 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY WEST. MONROE COUNTY, FLORIDA 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is cootingent upon an annual appropriation by the Board of County Commissioners, In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is teTIllinated and the County bas no further obligation under the terms of this Agreement w the Contracwr beyond that already incurred by the termination date. IN WlTNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, eacb of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor George Neugent Date: Date: WITNESSES FOR CONTRACTOR: ~~ ~~0/4",~ ~ Signature of person authorized to Signature . J y legally bind contractor Date: 6 - qt - Or b - o.?-oCl CArl-Co) f)u.(O,A.DO Date Print Name /J:J!dk Address: '1.3.~C) s.aJ. crill fJT; c1'2AC GA.<<f,:r Fl. ~31.d tj ~ f C)..t4I, f Telephone Numbe~S" -Wf ~e?-7 7 r Date AGREEMENT 11 FEBRUARY 2009 COMPOSITE EXHIBIT "A" - KEY WEST AFRICAN CEMETERY MEMOItW. PROJECT: ART SPECIFICATIONS (conto) COMPONENT 3: COIYCRrn SCORING AND COLORIN~ A major feature. of the memorllllls the artwork on the concrete slab, whIch consists of etched (scored) lines separatlnll areas where color J.s applied, and the appllcatlon of color to the exlstJrlll des/llfls on tile ten concrete columns. The existing surface te)(ture of the sla~ and the expansion Joints are to be retained. 1M column surfaces are to be polished smooth, with special care taken not to damage the embedded cowrie s.heJls or the axJrtlng f1i/lt flxtures. AU column faces have artwork cast Into them, The scored lines are to be a minimum 01 W' wlde anll1/16" deep, and will have COIOl applied to them. as spedfled (sea attach ed rendering), usIng the Engrave-A-Crete system, which research !\as shown to be the most effectlVl! and appropriate method for this application. The lal'lfe, pebbled surface areas between the lines are to be colored with acld stain and sealed accordingly. The lines may be scored by means of templates, tabricatlild aecordln8 t1:l elearon~ files derived from a comp\Jte1 stlIn of the drawins, or freehand, based on a precise tr!Insfer of the design to the concrete surface. The columns are to have a minimum of three colors each: a genenllight earth tOM (belie famUy, slmHal to the surrounding sand} for most of the surfaCf!, I dark earth tone (burnt umber/deep brown) for the Incised beckgrounds, "frames" and symbols, and a red tJntfor the square areas, approldmately 12" ~ 12", sl.HTOundlng each AdlnkTa symbol,- Additlonlll colors may be used for other design elements on the horizontal slab Itself. These Include blue, VeUow and bJacl(. as needed, In addition to the aforementioned colors. The application of colo1'51ncludes shadow, highlights and modefing to create three-dimensional and other llisual effects. DImensions and square footags Is as follows. a) Concrete slab: 25'0" x 61'0":: 1,525 s.t. b) Columns: 1'4" J( 1'4" x 4'0":: approx. 22 sf. each; subtotal: 220 s.f. e) Total square footaie: 1,74S'.\.f.. '"This total will necessarily be modlfled to account tor tile arell where the future shrine will be built. ..yne:se Adlnkrosymbols are the s.arne onf!$ that are prelently cur Into the ronClete columns, so that the p~ques serve 15 anl!XpLlnation of uch one. Thase 5Vmbols. whlc:h orlgl~d In modem Ghana (the country where the Atlam\<; sla\le tnde beganl, W~ tnditlonally stamped \ rTrytnmlc patterns Dnto clotlu worn at funllrali t"adlnkto" or "edlnA-ru" means "farewel"') represent a ridl vocabulil ry of proverbs and mea nlngs, and are widely U5ed today as decDratlve element> In many settlJ1&S. 1 of 6 I / ~ ~~ ~~ .. " T ++ 1 ~~ ..!! r..IJ ~ 8 :5 J::l C/J. I~ tl ,,8\7 ~ c..> ~ ~T . >- U ~ E--.;z: C( .... V'L. g... ~o '""<"'"o~~ e Q . ~UE-~'S::IQO e <<~ ,- 0l.I Q:' \0 .~, . ~ Q:l "0 ii: ~ [;,:l'la:< '-i '-' '" :::,::<U ~ ~ ~ <0 ~ ~-L '0 <"l - U ~ ~ I) '<) "0 ~ ~ ~'~ ~ ~ U6 ~eJJ ~ c..> e ~ ,5 0;;'" . e ~ II Qr:: 'c f::, ~ - """ ~ ~ / V 11 ~- 'i~ .. 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AFRICAN CEMETERY MEMORIAL PROJECT, KEY WEST, MONROE COUNTY, FLORIDA Carlos Delgado dba Desa Art Surfaces, LLC 4350 SW 4'" Street Coral Gabl~, FL 3384 305-975- 2617 305-926-9238 Contact Persons: Carlos Delgado \Diana Delgado Tab 1 GENERAlINFORMAnON 1. Limited Uabillty Company Member: Carlos Delgado 2. Carlos Delgado 3. Operating for flve(51 years 4. Flve(S) years 5. No. Bidder has never failed to perform Of furnish goods simflar to those sought In the request for bids. 6. Frank Oliva Deltona, FI. Anu ar Flat Mlami,FI. 7. N/A 8. I, Carlos Delgado. President of Dega Art Surfaces, LLC have a BFA Degree from UF and a MFA degree In Computer Animation. In my quest for new artistic challenges I discovered Artistic Decorative Concrete and engraving and became certitred in the Engrave-A-Crete system. I have done a variety of projects ranging In size and complexity, on areas such as patios, driveways, Interior flooring, walk-ways and walls. These projects entailed design, stainIng. engraving. polishing., texturing, and sealins. Tab 2 PAST PERFOMANCE ON SIMILAR PROJECTS Borbaru RuJz UUO SW 80'" Street Miami, FI. 33183 305-216-8802 Starting date: Jan. 10, 2005 Completion: Jan. 24, 200S Surface prep, stained with three different colors, scored, painted design and sealed. Area: approlt 40Qsq ft Jeanlne Goodstein 9198 SW USIt> lane Miami, Fl. 33176 305-nS-S918 Starting date: Feb. S, 2005 Completion: Feb.29, 2005 Surface prep, laid-out design, painted design with different type of stains, engraved certain areas of design and sealed. Area: approx. 250 sq tt Jorge A F/Qt 2727 SW 36th Ave. Miami, FI. 33133 305-446-6366 Starting date: Dec. 10, 200S Completlon: Dec. 18, 200S Area: approx. 600 sq ft Surface preP. stained, scored, painted design and sealed. Ana OIhlD 2526 Delbarton Ave. Delton,a, FI. 386--532-0060 Starting date: AprU 10,200S Completion: April 27, 2005 Area: approx. 1,500 sq tt Surface prep, stained, scored, palnt2d design and sealed Tab3 UTIGATION a. No, bidder has never failed to complete work b. No, Judgments, dalms, arbitrations proceedings or suits pending or outstanding against the bidder or its officers or general parb1ers_ c. No d. No . VIP Insurance Agency, Jne Date: 04/06/09 To: Carlos Delgado From: Grisell Ramil Re: Carlos Delgado dba Dega Art Swfaces Location; 4350 SW 4 Street, Miami FL 33134 Term: 12 Montb Policy We are pleased to offer the foJlowing Liability Quote through: First Commercial Ins. Co. e A ) General Liability $ 300,000 Aggregate Limit $ 300,000 Products & Completed Operations Aggregate Limit S 300,000 Personal Injury & Advertising Injury Limit $ 300,000 Each Occurrence $ 50,000 Fire Damage Limits $ 5,000 Medical Payment **500 Deductible- BI & PD*** Included ( 1 ) Additional Insured. Premium Basis: Painting Interior & Exterior - Annual P ) $16,700. Base Premium: $ 603.00 Fee: .$ 25.00 Tax: $ 6.28 Total Premium: $ 634.28 Please revise this quote carefully, and call our office if you have any questions. Best Regards, ZI:?~p_ Grisell Ramil vipi ns@bellsouth.net To Whom It May Concern.: I trusted the design of my patio and backyard walls to Carlos DelgadolDegll Art Surfaces, LLC. His work was of superb quality. The completed project met my request llDd visioIl, and guests have continually complimented and been impressed by the unique designs. I have and would recommend Carlos Delgado's services with full confidence. He is very thorough, and his work does not fail to impress. Thank you for your time. Sincerely, ~4,,;r Jorge A Fiat To Whom It May Concern: Carlos Delgarlo completed a project on my driveway floor. The completed project were far beyond my expectations. His artiS1ic skiUs and elaborate work are impressive. I would highly recommend his services to other individuals. Thank YOIl. Sincerely, j~~ Ana Oliva cnUJ ~:- :5~.:.~j:l .... d ~~~~~ !!;<Ji :ii~ l.L::) W "" 'Q. I N ..J . "'!II j . '(}!~ i :....J . . ii.a: L"T" .' " iii.' ."H .dr . .' >- "' s . ,'Il;( ct. .~ t.~j ..ii~' . " , . .. i-' n.. . j"D - } a' ~'. . ' ~ ..QJ- .dn~jli ." .... : .:,",~w;.. W d . zO" 1" III Q <o1{fi ~ ~ <t!: :",'!!2,.z. .~t~'n~ 1" '. t" : ~~.: . ":,>- h: . ., 0.' 0 i Jl i IS . ' ~...~ iii :/.~Q.' ..'lS:i .~ "t .." .' "' ~ :\l...tG., .U <~r,;t; ~ . 1=.' '. .}.j!H"'O ','_ . ~'..: =-:.:,2 rQ .:: '" ~:o lC - .l.!'~ J .' ~r '" ::::: ;~ H ! ~ ", . .' : . 3: ~ Fl' J;'" , .- "'l:V~ en ' 16' ~$-f!l.!l. .' .::~ ~u,:6~0;!~" I .'-. l5 ' ~ ~o .' ". .' '0. ,...c~:8"<l l , .... = ~- ..... .' N :i: .8 :i Q.~ ~ .~. ' .~ . ","l- .~~ ~ '. " ,~~o. .... .. "'.... ::::: ."ca:i,.-,... 0".> .' ~~"',z WOO"" -:: . ~< .ll;q'~!!! u 0 c;r-r-4 -= gw f .f') . "" I 'w ct"':::l -:: . ~,Q . -': ". ". , '01" . ,'J:.,,,,. .!.IO' . .. ra. 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FLORIDA SECTION THREE BID DOCUMENTS BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CiO PURCHASING DEPARTMENT GA TO BUILDING ROOM 1.213 1100 SIMONTON STR.EET KEY WEST, FLORIDA 33040 BID FROM: ~\L{O.s 5) t:L6Atfi) d-~t.<- Dl:::.6A Au StJ(l..,pAr:r::s, LJC The undersigned, having csrefu1Iy llXaJllin.OO the work, specifications, bid documents, and addenda thereto and other Contract DOCUInel1ts for the services of: CONCRETE SCORING AND COLORING AFRICAN CEMETERY MEMORIAL PROJECT, KEY WEST, MONROE COUNTY, FLORIDA and having become familisr with all local conditions including labor affecting the cost thereof: and having familiarized himself with ma:lerial availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to t'umish labor, mechanics, tools, material, equipment, IrllDspOrtation services, and all incidentals necessary to perform lIOd complete said work in a worlcm.an- like lTllIIII1er, in COnfOI1D8:llCll with specifications, and other contract doCUllleffiS including addenda issued thereto. TOTAL BID AMOUNT $ S; 0, rOoo , fi!i= Tt/ tfi PI )S~}.J jJ TOTAL In AMOUNT WR1Tl'RN Om Estimated Time Sehednle: L/ Ii> G f/;p "4<":;- Tltere art! IU} IlIliJJtk>>uU COft3 for trm>el, mlluge, 1ftEiIls, 0' lodging. BID OOCUMEHT& 3-1 FEBRUARY 20011 CONCRETE SCORING AND COLORJNG (or AFRICAN CEMET~RY tolEMORIAl PROJeCT KEYIJIJEST, MONROE COUNTY, FLORIDA. r acknowledge receipt of Addenda No.(s) I have included lhe Bid which includes: / L Bid Form 2. Non-Collusion Affidavit ~ 3, Lobbying and Conflict of Interest Clause Form ~ 4. Drug Free Workplace Form In addition, I have included: 5. Current copy ofCmrtl"lIclor's License - 6. Copy of Current Monroe County Business Tax Receipt ~ 1. lnsW'ance Agents Statement 8. Bidder's\Respondant's Insurance & lndemn.ification Statement 9. All requirements lIS stated in the Instruction to Bidders, Paragraph 4. (Qleek mark itNnA above as a reminder tbat thn' are induded.) Mailing Address: ~J~ s.~' LJrI1~ Telephone: -?()f ~ 915"" - ;)0/7 r:0, I />J:\?, 5 120 j D A Fax: , ~~ I 3Lf' Date: 4- (; - tJ'j Signed.: c:;b/;r;: f*d-~ Witness~ ~ l).t:L b./:('y() (Seal) Print Name r.. A C2..i oS Title pne~) J).f ,JT ~ e -.*- IIolIIY ,.... . ... III FlorlM . . liIt~frpno""2&.2011 CoIIIIlIaloo I DO &H146 .... .......1IIIoMI...,-. 810 D<X;UMENTS 3-2 FEBRUARY 2009 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT KEY 'NEST. MONROE COUNTY. FLORIDA NON-COLLUSION AFFIDAVIT I. CA(2.-lro\ \)eLf:>APO of the city of (D~/ 6/\ht.{{. f'-wPLt./)-.Kj acoording to law OIl my oath. aDd 1.II:ldA::r pen8.lty ofpetjury, depose and say !hat: . l. I am fR..-,b~ i [)(-d..iT of the fIrm of .D~.bA. A,fL..T :5:u(l..,p,A( ~f; LLc, I the bidder making the ProJlOsal for the project described in the Notice for Calling for bids for. c'()i'161i. ;t:::r~ <:;:U){l,,!.v 6 ..J- C,l.nfl..1ML f4J(2. rt-rf) } G..c/ll (~.u Q. r~(v.; aDd thllt I exw.n.cd the said propooal with full authority t d.o so: 2. lhe prices in this bid bsYe been IllTived at indepeOOently witholl! collusion. COIISUhalioll, oommUllk:ation Or agreement far the p1ll'pOSll of restriclill& competition, as to my mllltcr' relalinB to such prices wi1h any other bidder or wilb &r1j competitnr, ,. unI.... ol1u:rwiBe required by law. the pri\:e.S wUich have been quoted in this bid have not been knowingly disclosed by the bidder aDd will not knowiDgly bll dillClased by the bidder prior to bid opening, ~ or indirectly, to e.ny othtr bidder or 10 my competitor; 4. [\0 attempt bas been made or will be mada b !he bidder to indnce any other p""""" pa:rmership or oorporation to submi1, or Dol to i'l1bmit, a bid for the purpose ofrestricti:Qg competition; and 5. the stat.ementll c.ol1.llliJ:led in !his affidtivit /lrC trne and torrect. aDd mOOe Mth full knowled811 tlw Monroe CaulllY relies upoD the lrUlb of the sta1C1tlc:rJli contained in this e.ffidBvit in IWll1ding contracts for said proj eel C.idu ~ L/~ r; -0'9 (SipB.ture of Bidder) (DlIle ) STATEOP: "F"60lU ilA COUNrY OF: J::) AJ:J 'E:.... PBRSONALL Y APPEARED BEFORE ME, the Ullder.rigrled authority, who, lifter first beiDg sworo by me, (name of individual s:igni.ag) affixed hisJbor sigDann in thasp.ace provided above on this y" day of ~ ~. . NOTARY PUBLIC ~ My C4}\1l1Ili$sio (I _.~ . ". HcItaoy PIIIIIl. . SI.III. '" FIorI4a !.. .\.,,~EJplr."'26,20U . Co1nmloal.. . DD !9$U~ ..,~, 1l<rclod'flwu.9l~~HID. BID OOCllM~T8 3-3 "eaI\UAAY~OO8 CONCRETE SCORING AND COLORING for AFRICAN CEMETERY ME'-!ORIAL PROJECT KEY WEST, MONROE COUNTY, FlORIDA LOBBYING AND CONFLICT OF rNTEREST FORM SWORN ST A TEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETIllCS CLAUSE CAQ.{.o~ J~ oAJ) 8 WIIITllIltS that helil has not employed, retained or otherwise had 8Ct on bislits behalf llIly fenner County officer or employee in viollltion of Section 1. of Ordinance No. 10-1990 or any County officer or employee in violat:icn of S<<tion j ofClrdinanu No. 10-1990, For breach or violation oftb.is provision the County II1l!y. in iiJ discretion, terminate thiJ contract without liability and may 4.1&0, in i15 discretion. deduct from the conttael or purchase price. or otherwise recover, the full amount of any fee- coIlLIllission. percen.lllge, gift, or consideration paid to the former Co1Illty officer or employee. C:;vC&.. ~~ (signature) Date: 1i-?,- crt STATE OF fLoi't~-M COUNTY OF ,\~ D.<e. PERSONALLY APPEARED BEFORE ME. the undersigned authority, who, 4fter fIrSt being sworn by II1e, lIffixe4 hisihcr signature (name of individual signing) in the space provided above on this ~ day of />(J~IL . 20.!.!1. ~~ NOTARY PUBLIC' My coll1.rJl.ission expires: (D -,~ ! . ~ Nolaiy PlIOIIa . SIal. 01 florida OMB - MCP FORM #4 i' . j My Com\IuIon EzplrMJul2&, 2011 CorMlluioll , 00 6lliI14S , 'st. Stnled Tmlugh N8lIonoI NoIIry~. BlO DOCUMENTS 3-4 FEBRUARY 200i CONCRETE SCORING AND COLORING for AFRICAN CeP.tHE;:RY MEMORIAL PROJECT KEY WEST, MONROE COUNTY, FLORIDA DRUG-FREE WORKPLACE FORM The undcuigned vendor in ~ with FloridA SbltLnc 287.081 hereby certifies that: ..bE~~ Ao</ S'ufl.-pAa;..r J LLC am" of Busm.ess) I. !>ubJish a statmnMlt notifYing employees IhBt the unlawful lII8D1lfaoture. distnlllltion. dispensing. possession. or use of a controDed sub$tance i9 prohibited in the workplace aDd 9plICifying the ICIio!ls !hat will be taken against employ_ for violati0n.9 of such prob!"bition. 2. InfOITl1 emplOyees about the dangcn of drug abuse in the """lkplace, the bus:i:rJe6$'s policy of Illain!llining a drug-free woriq>~ any avaiIl!ble drug eotmS8linl!, rehabilitation, end employee llSllillttmoe programs, and the pena1li<ls thet may be imposed ~ employees for drug abuse viol.lltions, 3. Give each employee etI8I'Bed in providi:ng ~ commodities or COtIlr8Ctlla1 a<rTVi.ces t.bllt iUe ltIlde:r bid a oopy of the stalllllltmt specified in suhsecIion (I). 4, In the SUlIl:mMlt 3P"Cified in sub$octiCll1 (1), notify the CII1ployeoll that, as II collJljtion of working on the ootIlmO<litias crt C<JnIr8ctulll ~ tbat m:e IIIlde1 bid, the employee will abide by the teons of the !t8~ and will notify the IlI1lplayer of my conviction ot, or ple8 of guilty 01' 0010 ooDtt:lldere 11>. any v;oLation of Cbaplt::r 893 (f'lorida Statutes) Of of my COIltrOlIed subSlaIlOllIllw of tbc Ullitbd States or IlI1Y stat", far . violatiClll ~ in the wod:place DO Ialer Iban live (5) day. after such comictiClll. s. llnpose 8 sanction on. or t'IlqWre the satisfactDl)' participstion in a drug abu.se assistllnOC or rebabiliWion program if sw:h is avttilable iD the employee's =uoity, or 811Y employee who is so ootlVioled. 6. Mako a SC>04 faith effort to ooDtinuc to maintaill a dnJg-frce workplato tbrol1i!h implemontation Df this section. As the person authori2ed to sign the stBtem.en1, I oer\itY lhat thilI firm coIIlpIies fully with the above requiremmu. all)} ~ (W.o~ Bidder's SigDalllnl l/ -?, ~OO) Datll ' OMS - MCPIl5 alo OOCUIoIENTS 3-5 FEBR.lWlY 2009