07/15/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
July 30, 2009
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Assistant Director
Public Works Division
4-k/
Pamela G. Hanc~. C.
A TTN:
At the July 15, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Agreement and exercise the first renewal option of the Contract between Monroe County
and u.s. Water Services Corporation for operation and maintenance of the wastewater treatment
plant at the Marathon Government Center.
/Agreement between Monroe County and Carlos Dega d/b/a Dega Art Studios, LLC for
concrete scoring and coloring at the African Cemetery Memorial Project in Key West.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File ./
CONCRETE SCORtNG 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 IS -day of , 2009,
between MONROE COUNTY, FLORIDA ("COUNTY"), a pol. cal bdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
CARLOS DELGADO, db/a DEGA ART SURFACES, 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, now 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, all 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
installation 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 schedule prior to
commencing work.
3. CONTRACT AMOUNT
The COUNTY shall pay FIFTY THOUSAND AND NO/tOO 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 final 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 acceptable 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 27,2009, 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 conjunction 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 covenants and agrees to indemnify and hold harmless Monroe 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 (including 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 $100.000.00 bodily injury by accident, $500.000.00 bodily injury by
disease, policy limits, and $1 00.000.00 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, $1 00.000.00 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 Insurance shall be provided
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 insurance with respect to the COUNTY, its
officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S
COMPENSATION.
to. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, 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. NONDISCRIMINATION
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 with all Federal and Florida statutes, and
all local ordinances, as applicable, relating 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 discrimination 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 Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, SSe 523 and 527 (42 USC SSe 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. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination 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 statutes,
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, conflicting employment
or contractual relationship; and disclosure or use of certain information.
AGREEMENT
5
FEBRUARY 2009
CONCRETE SCORING AND COLORING for 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 terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, 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:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key West, FL. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
FOR CONTRACTOR:
C4~ (or ~C{;.fjfD
lf3f~'~.ff fiI
(ofUJ - ( ~ ~ ~4
18. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall 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 for 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 with
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.
C. If the CONTRACTOR is adjudged a bankrupt, or if he 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 established schedule (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 equipment 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 CONTRACTOR.
20. GOVERNING LAW. VENUE. INTERPRETATION. 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 performed 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. MEDIATION
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 2009
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 Rilles 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 comes 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. COOPERATION
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. BINDING EFFECT
The terms, covenants, 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
All 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 OBLIGATIONS 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 thereof by any participating entity, in which case
the performance may be offered in satisfaction 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 statutory duties of the COUNTY, except to the extent.
permitted by the Florida constitution, state statute, 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 or 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 Statement, 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 liable 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 contingent 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
terminated and the County has no further obligation under the terms of this Agreement to
the Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
~::4gre~!l~llton the day and date first written above in four (4) counterparts, each of
/~ch\'d~l,' '~thout proof or accounting for the other counterparts, be deemed an
i~ frft~\'~(mtract.
.o(s~)
\: ~LERK
Depu Clerk .
JUL 1 5 2009
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
BY~"'~. 'oJ~,~
Mayor George Neugent
Date:
Date:
JUL 1 5 2009
WITNESSES FOR CONTRACTOR:
~I, ~/} .f
~~/~' - ~~
Sl~ature J (
\ \
~L~ J).L~
Si~ature of person authorized to
legally bind contractor
Date: ~ - 8- 01
C~.fL(o.5' DLL6~
Print Name
ON w~
~ ~ate~$ --
u -:c <...~)
W s: -J,..,;
~ c.. 0 ::~.::
0:: ~:: L)
o 0 -i :::.c: (--"':;i
l.L. ~ >- t~
o =; ~d~~
~ @;; <t. C)
LL. ~ 01:
Address: Cla~OS.w. c{ rl S7:
(OIlAC G.d>~ Ft. iJ~/3Y
Telephone Number
~- p~cr-;;"'771
AGREEMENT
11
FEBRUARY 2009
COMPOSITE EXHIBIT "A"
... KEY WEST AFRICAN CEMETERY MEMORIAL PROJECT: ART SPECIFICAnoNS (cont.)
COMPONENT 3: CONCRETE SCORING AND COLORIN'
A major feature of the memorial Is the artwork on the concrete slab, which consists of etched (scored)
lines separatinl areas where color ;s applied, and the appIJcatJon of color to the existinl designs on the
ten concrete columns. The exist'nl surface texture of the slab and the expansion joints are to be
retained. The column surfaces are to be polished smoothJ with special care taken not to damage the
embedded cowrie shelfs or the existing light fixtures. All column faces have artwork cast into them.
The scored lines are to be a minimum of "" wide and 1/16" deep, and wlll have color applied to them, as
specifJed (see attached rendering), using the Enlrave-A-Crete system, which research has shown to be
the most effective and appropriate method for this application. The farse, pebbled surface areas
between the lines are to be colored with acId staJn and sealed accordingly. The lines may be scored by
means of templates, fabricated according to electronic flies derived from a computer scan of the
drawing, or freehand, based on a precise transfer of the deslsn to the concrete surface.
The columns are to have a minimum of three colors each: a generallisht earth tone (beise family,
similar to the s~rroundin8 sand) for most of the surface.. a dark earth tone (burnt umber/deep brown)
for the Incised backgrounds, "frames. and svmbols, and a red tInt for the square areas~ approximately
1261 x 12-, surrounding each Adlnlcra symbol.. Additional colors may be used for other des18n elements
on the horizontal slab itself. These include blue, vellow and black, as needed, In addition to the
aforementioned colors. The application of colors includes shadow, hl,hllghts and modeli". to create
three..dlmenslonal and other visual effects.
Dimensions and square footage is as follows.
a) Concrete slab: 25'0" x 61'0" = 1,525 s.f.
b) Columns: 1'4")( l'4N x 4'0- = approx. 22 sf. each; subtotal: 220 s.f.
c) Total square footale: 1,745 s.f..
*This total will necessarily be modified to account for the area where the future shrfne will be built.
.These Adinkra symbols are the same ones that are presently cast into the concrete columns, so that the plaques
serve as an explanation of each one. These symbols, which orllSnated In modem Ghana (the country where the
Atlantic slave trade bepn), were traditionally stamped I rhythm1c patterns onto cloths warn at funerals (MadlnkroM
or MedinlcrD" means "farewell-) represent a rich vocabulary af proverbs and meaninaS6 and are widely used today
as decorative ek!ments in many settings.
1of6
/11%, • I
llrik: c/7
i -4-s......
0 c,
r N) C-,,' ,
.
oSS ) \....,
L_,Q14
) -...,
( ''').. ..,..„
I v
,• .
.N141(6/
---.
W cl \
-
--I /
1 1 • /
1 NI 0
1 1
1 1 iiii, „iv _
i asp* VA
d 1 1 Arg 0
1 op ..• "6
All?' I I
I I iri011 ',W IP
I I
44 AIvl
1
1 1 .
L
/
--,
\\.
).
-'I
s.... ,)
.. .__
.„‘
. , :m.....
,
\..-
‘‘,
_
---__'.
i � o
A
C C N
obi
VD C3.4:34:::, .
V
3
•
I�1 1
.� F� Q
f
p}
W
1.N
U
U wvH ° � � :r-1
_ =
al
o e 3 ^' w � .a' pp a • II
W B U
L x fI w
mIL
w `Co
i- p 0 M
a
;D B UO
U fI 0 t
8 � �, c0 y .b N C O
a, i.
k W U `� W :FtM O C O O N .� en
C G Q. ..CO V 1 al p 4 s O `n
44
n A \
'.. Ft �/ o 0
C E Q on
a
a) at
ro
PV D CiMallEanDI •4
N
oS'
d
v
W
^N
C�C '^ 4
lft V,
0.4
N
hr.ireftl / U U
4 , 6 0 8
014
U 44 U o L C x c J
O W o ^ W -d a
4.
W �'�i i1 co
H U kl II v
O C Co V 0
0
W
41
U 1 /Mr
=b w 3 �
UQ 10 ao
OP 0 � 6, � � ai
4) •. �
o R k W o .a w a ' aaoc cio --.1. pl. _
Waiv C.) � o U0 p4 . Q 41 a..�.__..�
I
HI K
00
%
A / 41,2� N
Ol 1
IIIx 4 ,l•; 4. :N
N I + A
N
1
L `J
0
U A Ts
61 I-
h
?) E—, >"
O � Ct
° 8 3G4W � 'a °. 00 8 IL. ,_4 a)U ~ w
V wQW � � � w a)
x ra -o c
�1 N E
Li CO
O )
U O ^C
C.) � 0 i E 8 Q' on
W 61 44 • w
ii
W f //
U N
W uj i1
O VN yyON N > i. O
CA OA Q 2
4.1 (� G. iv U G4 O O N O d �. 1.c;‘,‘I.
-tr \ \
,\
M
CC --
< cJ O .1 w
V
COMPOSITE EXHIBIT"A"
U
6 of 6
.,~
AC'CJ,
~
PROD
INSUR
RD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY) I
04/30/09
UCER V.LP Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION I
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE i
731 Tamiami Blvd. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR I
I
Miami, FL 33144 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
Phone (305)266-9666 Fax (305)264-7666 INSURERS AFFORDING COVERAGE I NAIC # I
INSURER A: FCIC i I
i I
ED Carlos Delgado dba Dega Arts Surfaces LLC I
INSURER B: -+===
4350 SW 4 Street INSURER C:
Miami, FL 33134- INSURER 0:
! (305) 975-2617 INSURER E: I I
I
L--
COVERAGES
THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~:: ~~~'5 TYPE OF INSURANCE POLICY NUMBER cifr~c~:rri~~
GENERAL LIABILITY
~ COMMERCIAL GENERAL LIABILITY
[] CLAIMS MADE ~ OCCUR
GL-32496-0
05/01/2009
05/01/2010
300,000.00
100,000.00
5,000.00
300,000.00
300,000.00
300,000.00
GEN'LAGGREGATE LIMIT APPLIES PER:
D POLICY D PROJECT D LOC
AUTOMOBILE LIABILITY
D ANY AUTO
D ALL OWNED AUTOS
[J . D SCHEDULED AUTOS
D HIRED AUTOS
I D NON OWNED AUTOS
D
D
GARAGE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
EXCESS I UMBRELLA LIABILITY
OCCUR [J CLAIMS MADE
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per accident)
AUTO ONLY - EA ACCIDENT
EA ACC
AGG
EACH OCCURRENCE
AGGREGATE
OTHER THAN
AUTO ONLY:
DEDUCTIBLE
D RETENTION $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIABILITY Y/N TORY LIMITS ER
ANY PROPRIETOR I PARTNER I EXECUTIVE E.L. EACH ACCIDENT I
OFFICER I MEMBER EXCLUDED? I
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE ___~___~
If yes, describe under I I
:~~~L PROVISIONS below .. I E.L. DISEASE - POLlC:J__
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder listed as Additional Insured with Regards to the General Liability Policy.
I
I
~
=-
I
i
I
L
CERTIFICATE HOLDER
Monroe County sacc
Attn: Risk Management
1100 Simonton Street
Key West, FI 33040
i I
ACORD 25 (2009/01) QF
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS ENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~ :,'::,~::::f';3~,:,'. :::~j:~lidIY~~:i:l!rLi1~.~j;;jt~:~;:,~;~;j;~~~111J'~~~iil~~~}~2.:~!ll~~11
GOOD DR'VER INaURANCE
3ns EAST 4AVENUE R L'C E
'--L:.." -'. -J IV
JUL 2 9 200
HIALEAH, FL.3301 a
.lSStJtiQATE 06/11/09
THIScer:rr't,;'~re 1$'J$$uep:A$~'~l1eR'QFINFOR~T'OH',ONLVAND
CO~FellS' "'O'RIGHTS..YPON..TH~Oi,!.~J.IFIOAT~.'HOLI).ER~THrs
ceRTIFI.TE:DOESNor.~ND1,dTeNO. OR AL TER'THEeOVEAAGE
FOR,mEDBV THE POUCiF:SBElDW.
PRODUCER
CQMP~IES AFFORDING COVERAG'E
INSURED
A US SECf)RITYlNS. CQ.
ROLANDO DIAZ
45 NW125 ST
B
C
o
THIS IS T() CE,RT'fFYrt-fATTHep()UQle~OF INSUAl'NCELIS.T~01SELOWHAve BEEN ISSUED TOl'He INSORED'~EDA8()VE
FeRTHEPOLl~ PEii:uPDINQlQAtE;P..NQ1WITHST,~P.";MlV:'REQUIREMENT. TERM QR CONDITION QF ANVcQHTMOT OR
OTHERDOCQ..SIoITWtTH RESPEQ1" TQ Wf'IICHTH.I$C~~TeIAAV BE ISSUED, ORMAV PERTAIN, THE IN$lJ~CE
~FFC)-I;D..v'THep()~~_D HERElIi4I$;st1~,II:f:h TeALl THE TERMS. exCLUSIONS AND CONDITIONS OF SUCH
. POlleE. . LIM'ITSSHOWN MAVHAVE BEEN REDUCED BV"PAlD"CLAlMS.
co TYPE OFINSUAANCE POUCVNUMBER. POlley ~
L1R e:f.;'e(,~VFDATC E)(pJMTjONQATF.
LIM'ITS
OCNEHAL'UAf)ll.rTV'
A
GIiNfRAL AO~REOAtf
"ROOUCTS C(')U/OP AGca.
o<'.,_.""'......-.~_....
rrRSONAL & AOV.INJQ,fIV
~ACH,ccc;;uRRENcr
excess LlABll.lTV
DAMAO& lDAl1~8 FlENTCQ .
MED. ~;,(AoyOnf..pet$On)
OOU8t"l~'~ UMll ..,
A107950 02/11/09 12/11/09 =::;;:C~,
_.~- .~iOCCU~~_~_
AGGRE~"tC .
AUTOMOBile UA811.rrv
A
WORKFAS(;OMPl:NSAOON
AND
LMt'LUYFfiS- LJAHILlIV
\..A\.....
'~O I
ST~ "LIMITS
rl\("l.H~NT .
~~UMn,. ~,..'
OJSEA$E.~~~ FMPLOV~f:
1,~q-07
~
DESCRIPTION OFOPI.':RATtONS'l vtHlOtES/ SPECIALTY 'lEMS
. . . . . .. . MONROE COUNTY BOCC ADD AS ADDITIONAL INSURED
2002 GMC SAVANA G25 #1GTFG25MX21181005
[S;l;;:.I.2~,,;.~j ..~~::ZD~I;~~Sj{Zjviili'g:'~#tri:Jj[4f~~1~~R~~~i~:~t~~\1~1fi:~;~k~:~;~fJi~{it\~~~::I.~;;g;f~KgiZ?:~:'?~~;~:e~.::::":.: ',; >,~;,<:: ,'.:i,;
MONROE COUNTY BOCC
TTN RISK MANAGEMENT
1100 SIMONTON ST
..Should any of tho 8bo~ d-.ctl~ pollO~ be. ~.., b.tore, the
.81Cp.rationda.... .1tt.....00000.p.~y Bhat'; .nd"yOr to m"l ao daye written
notloe to the. ~08.te holder nam.. to .tha' reft. but......"',.. to m.. .",em
notice ._hall I",''''' no obligatio'), or liability of' any Jdnd -..pon the
_~mpany.f_..'" . '. '!l).re..ntattYei;- . . ..
AU"'HQRltED .' . . TATIVE
'$ ~. ..~ f.';~~~."
r.. '" ~
,-,.' ~.
.' . J . .
;: ';:';'g~': ~!~t
4~.~~ . '....
~~.! ;"
"/- U'~
co
o
o
N
I
CD
P-
I
CD
o
Cl)Z
wO
U-
-I-
>41(
r:ccn
wz
cnw
4I(...D..
C4I(:i
~-O
OUu
..J Z ...
LL4I(cn
u..Za:
Ou::~
Wu.a:
I-O~
4I(~:>
I-ZLL.
Cl)WO
:EZ
t:O
41(-
D..22
w>
Co
~
w
o
ii:
LL
o
..J
<
U
~ z
~ <
z
en u:
x IL
W W
..J i:
<( 0
*
*
:t:
c
....
:2
Q
t=
c
en
2
IU
A.
=a
o
u
in
II:
1&1
~
DC
CI
.
C
1:1
i:
Q
...
....
:i
Q
ac
....
....
A.
:E
1&1
><
III
III
m
Q
...
Z
Q
i=
u
...
....
1.11
....
=
1&1
l-
e
u
-
~
t=
II:
III
U
*
*
z
o
i=
Il.
:i
w
)(
w
>
~
en
:::>>
c
z
-
z
o
-
~
U
::J
a.:
I-
CI)
Z
o
u
'"
~
-a
os:
:a
.=
(I)
.z:
.....
.....
fa
.c
...,
en
CD
-.....
:e
G-'
c.J
en
.r:.
I-
~
CD
c
c
:;:;
ca
en
c
Q)
c.
E
c
u
-en
....
m
~
~
cu
"C
.~
Q
u:
E
o
....
....
~
a..
E
CD
)(
CD
cu
.c
c
.....
"'C
CD
.....
U
CD
CD
CI)
ca
..c
~
o
CI)
.c
"'C
G)
....
CI)
o
w-
o
N
---
N
o
.......
CD
o
W
t-
41(
C
Z
o
i=
41(
IE:
-
0-
X
W
co
o
o
N
~
N
o
......
CG
o
ill
t-
41(
C
w
>
i=
o
W
LL
u..
W
41(
en
o
..I
a::
41(
u
z
o
U)
a::
w
a..
en
en
w
a::
c
c
41(
i~
41(..1
...
W en ILl
:i ~ W
A ~=
, I&. III
Z ~:z:
en I/) I-
(I) I- ·
W '" 31
Z CUI...
Z en liS
W:)~(W)H
u. m a...
oS
co
4I(1n
t:JCD
...leD
wN
c~
.
(W)
...
CWJ
(If)
Uj.
C
41(
IE:
I-
m:
o
(I)
en
w
z
en
::)
10
u-I
0...
cn!z
w....
I1.C
OD.
u.
en....
....
.....
en
c
CD
..-
I
M
~
.
".....
i
....
!i
....
c
a.
"""
I: a
- o'~ Ll'J
....~c ;_CIO
.::: - M GJ ~
-= .: ; ~., c--..
;; E .~ g is en
-:.E.Ci~
~~fD= ~
I:C:U=~ CI)
.!Oowo.: w
- I: ._ ::;)
~~:-=~ d
CUQ.Q.EIlo.
o~!:~
fD ...i : : E
.ECI)~=
~:..al~
:<<p.s.i
~CI)==_
..a 0 .
III .-..
Su~~
G' Glu.
:E=a;~=
=~Di.E
~.!!.II)U~
fa) ~ CD .
.!oi=c>>
t'~ZC;~
-5; ="cu:
uU)u'"
~=~==
-:~=.:
e~~.~cA
c -
'::ui~~:
g~~~!
= ~-.;f- 0 ~
Q.N a.
E_"'CUIU
=~!!;"'C'
c>> 0 =-- a ...
ciol:C:~
!!-.;f-Ue>>f-
~.....s=
- '- .
m~iiQ!
oCL. u
-; ~ ;: :'=
~ ,..... ... .... --
:::t - ~
iS~=~
ic:~':.
;.E-~
e~==a
8~"'i~
c>> II
':=~;E!
I:>> as:.~.:
; .: I: ~ ... .~
.~ u~ i..! i
;;~~.gM
c:: : 'ii _.. ~ i
· (>>'0.- ~-
uiiGJ:~o
. U = .-
Woo.. g i ~ -= ~
.iC:~o& w
i=':!.,! t.C
=:.... s:j. 0
.Ii: .Cia t-
eB ~!...
..... ...~.- tD Z
.. c;!'! =--5 0
;:!="'!t; ~
i:; .: .: ~ e' ~
.1::.- - W
(.,,).:==;;~s
o ... .c fa)
- ... 0 M CI) CI)
=~"'a.E!!
-e;E-=
~!.==:.~
.:a_=CI):~
-0.&:1 -
1:.':04>>
.:.: ~= c II: oS
ZE_-~c:
~l:cg~O
~.~:.;=-=
~~8.!!i:
- .... II) CI) U I:
UI
..J
C
~
i
CD
o
I
en
C
C
w
'"
:>
UJ
a:
t-
eL.
:E
w
)(
UJ
J
N
LL
o
w
t-
<(
~
u...
i=
a:
w
Co.)
N
Ln
N
I
U
3:
c