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03/23/2016 Agreement AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER r• ] f\� MONROE COUNT%,FLORIDA DATE: April 14, 2016 TO: Doug Sposito Director of Project Management ATTN: Ann Riger, Contracts Administrator FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller llR— At the March 23, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item C21 Approval for Art in Public Places Committee (AIPP) and the Florida Keys Council of the Arts (FKCA) to accept the highest ranked proposer's rejection of bid award To a public art installation at the Marathon Courthouse, and to award bid and enter into a contract with seconded ranked proposer Colin Selig. Funding will be provided by the one-cent infrastructure tax and the 16th Judicial Circuit Court fund. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. cc: County Attorney Finance File ✓ 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highwoy,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146 • Monroe County Art In Public Places Purchase Aereemen( This AGREEMENT dated the 2 day of Mich 2016, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter"County",and COLIN SELIG,hereinafter"Artist", WHEREAS, the Art in Public Places Ordinance 9022.2001 (AIPP Ordinance), codified at MCC §2-233, authorizes the allocation of one percent (1%) of the County's construction costs for new construction exceeding $500,000.00 and renovations exceeding $100,000.00 to be set aside in a fund and used for acquisition, commission, installation and maintenance of works of art to be used in, upon, or around the new or renovated County buildings;and WHEREAS, the AIPP Ordinance establishes an Arts in Public Places Committee to review responses to Requests for Proposals for art to be acquired, commissioned, installed,and maintained in public construction projects and to advise the BOCC on such responses; and WHEREAS, the BOCC desires to promote understanding and awareness of the visual arts and to enrich the public environment for residents and visitors; and WHEREAS, the BOCC desires to acquire public artwork to be installed, placed, and/or located at Marathon Courthouse; and WHEREAS, in conformity with the AIPP Ordinance and MCC §2-233, the Artist was selected by the AIPP Committee to provide public artwork for this location;and NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein,the parties have entered into this agreement on the terms and conditions as set forth below. 1. AGREEMENT PERIOD: This agreement is for a period of ninety(90)days after issuance of a notice to proceed to execute and complete the work. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 12, and 13 below. All work for which AIPP funds are to be expended must be completed by the stated termination date. 2. SCOPE OF AGREEMENT: The Artist shall provide: Installation of colorful eco-friendly sculpted seating In the courtyard. Specifically, a "bench" and "loveseat" made from sustainable recycled materials such as industrial propane tanks will be installed per Mr. Selig's proposaL The benches shall be functional ergonomic reused content. The AIPP Committee will select the color and the style. Artist shall confer with and coordinate activities with Elizabeth Young in order to insure that there is as much cooperation and cohesiveness in the incorporation of 1 Art in Public Places—Marathon Courthouse the art in or around the building so that there shall be the least amount of interference between the Artist and the Courthouse personnel. 3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount not to exceed 314,200.00 for materials and services used to create and install the project. The Board of County Commissioners assumes no liability to Rind this agreement for an amount in excess of this award. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the BOCC. Pursuant to Florida's Prompt Payment Act, upon receipt by County of an Invoice for each of three (3) phases, and documentation to satisfy the Clerk that the appropriate phase has been completed, payment shall be made for the following phases at the referenced rates: I) pesign Phase' 33.3%of total payment; 2) Materials: 33.3%of total when artist submits receipts for materials and eligible costs equal to or greater than 33.3%of the contract total. Travel expenses are included in this phase and shall be paid in accordance to Florida State Statute 112.061, or as described in 2)a below: 2)Travel: All travel expenses shall be reported on a State of Florida Voucher for Reimbursement of Travel Expenses. If Artist has airfare, the original boarding pass, or equivalent, must be attached to the Voucher. If Artist is in vehicle, mileage must be reported on the Voucher. Mileage is reimbursable at .53 cents per mile. Meals are to be reported as follows: Breakfast—when travel begins before 6 a.m. and extends beyond 8 a.m. for $6.50; Lunch — when travel begins before 12 noon and extends beyond 2 p.m. for$13.50; and Dinner— when travel begins before 6 p.m. and extends beyond 8 p.m. for S27.00. A State of Florida Voucher for Reimbursement of Travel Expenses is attached and made part of this contract. 3)Comoletion: 33.3% final payment due when installation is deemed complete and contractual agreement specifications are verified by the Monroe County Project Management Department or designee. Eligible costs and expenditures for the project and the total award include. but are not limited to: A. Artist's design fee. B. Labor, materials, contracted services required for production and installation. C. Artist's operating expenses related to the project. D. Travel related to this project, pursuant to statutory limitations (see above paragraph 3,item 2). 2 Art in Public Places—Marathon Courthouse E. Transportation of the work to the site(see above paragraph 3,item 2). F. Installation to the site. G. Permits and fees necessary for the installation (applicable for exterior projects which also require HARC review). H. Legal costs directly related to the project. I. Liability costs of artist. Payment shall be made upon presentation of an original invoice and documentation necessary to support the completion of the work. Artist shall also provide release of liens if applicable. Final payment request must be submitted no later than 60 days after the completion of the project. 4. OWNERSHIP and RIGHTS: Upon the installation of the artwork and acceptance by the County,the County shall own the artwork and title to the artwork shall pass to the County. This Article 4 and the Artist's signature on this Agreement shall constitute and be construed as the Artist's express waiver of rights as provided in 17 U.S.C. §I06A, et. al, to the extent that the artwork may be removed, adjusted, replaced, and/or relocated, as deemed necessary by the County without obtaining a waiver or permission from the Artist, and that modification to the artwork resulting from conservation or public presentation involving lighting and placement is not prohibited modification or considered alteration, distortion or mutilation of the artwork. Artist agrees that the County as owner of the building and/or property that includes the artwork may, without the consent or permission of the Artist, make or authorize the making of alterations and/or destruction of such building and/or property. Artist agrees that where the artwork may be created or conceived in any fashion by more than one author, the Artist's signature and waiver binds the entire group of authors/artists. 5. RECORDS: The Artist shall keep such records as are necessary to document performance of the agreement and give access to these records at the request of the County, the State of Florida, or authorized agents and representatives of said government bodies, The Artist understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida,the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County,or their agents and representatives. For Public Records requirements see paragraph 22 below. 6. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of this Agreement shall be only amended in writing and approved by the BOCC. Extensions of time to complete any terms or conditions of this Agreement must be made in writing and may be approved only by the BOCC. 7. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder, the Artist is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this 3 Art in Public Places—Marathon Courthouse • agreement shall be construed as to find the Artist or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. 8. COMPLIANCE WITH LAW: In carrying out its obligations under this agreement, the Artist shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this agreement immediately upon delivery of written notice of termination to the Artist. 9. HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees to indemnify and hold harmless the BOCC, Florida Keys Council of the Arts,AIPP Committee and Monroe County and any of their officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation,discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this agreement. The Artist shall immediately give notice to the County of any suit,claim or action made against the County that is related to the activity under this agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related to this agreement. 10. ANTI-DISCRIMINATION: The Artist agrees that they will not discriminate against any of their employees or applicants for employment or against persons for any benefit or service because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. I I. ANTI-KICKBACK: The Artist warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the County shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the MI amount of such commission,percentage,brokerage or contingent fee. 12. TERMINATION: This agreement shall terminate pursuant to Paragraph #I. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this agreement pursuant 4 Art in Public Places—Marathon Courthouse • to the terms specified herein, this agreement may then be terminated immediately by written notice of termination delivered in person or by mail to Artist. The County may terminate this agreement without cause upon giving 90 days written notice of termination to Artist. The County shall not be obligated to pay for any services or goods provided by Artist after Artist has received written notice of termination. 13. TERMINATION FOR BREACH: The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Artist shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. 14. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the County and the Artist. 15. CONSENT TO JURISDICTION: This agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 16. ETHICS CLAUSE: Artist warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County may, at its discretion terminate this agreement without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 17. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on an agreement to provide any goods or services to a public entity, may not submit a bid on an agreement 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 public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under an agreement 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. Artist represents that Artist is not on the Convicted Vendor list. 5 Art in Public Places—Marathon Courthouse 18. AUTHORITY: Artist warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Artist below are authorized to contract Artist's services. 19. LICENSING AND PERMITS: Artist warrants that he or she shall have, prior to commencement of work under this agreement and at all times during said work, all required licenses and permits whether federal,state,County or City. 20. INSURANCE: Artist agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Artist and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses occurring during the agreement or thereafter that results from performance by Artist of the obligations set forth in this agreement. At all times during the term of the agreement and for one year after acceptance of the project, unless the requirement is waived by the Monroe County Risk Manager, Artist shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change or reduction in coverage unless a minimum of thirty (30)days prior notification is given to the County by the insurer. Acceptance and/or approval of Artist's insurance shall not be construed as relieving Artist from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies except worker's compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements"and must be approved by Monroe County Risk Management. The following coverages shall be provided prior to commencement of work governed by this contract: I. Workers Compensation if,and as required by Florida Statutes 2. General Liability Insurance. Coverage shall be maintained through out the life of the contract and include,as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: 6 Art in Public Places—Marathon Courthouse $300,000 Combined Single Limit(CSL) If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve(12)months following the acceptance of work by the County. 21. PUBLIC RECORDS:The Artist agrees to comply with all requirements of Chapter 119 of the Florida statues and specifically: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer,at no cost,to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 22. RISK OF LOSS. Risk of loss or damage to the artwork shall be borne by the Artist until acceptance of the artwork by the County as indicated after the final payment has been made. The Artist shall carry insurance sufficient to cover the purchase price of the artwork to cover risk of loss or damage to the artwork until final acceptance by the County. 23. WARRANTIES OF QUALITY AND CONDITION. Artist represents and warrants that the artwork, as fabricated and installed, will be free from defects in material and workmanship which cause or accelerate deterioration of the artwork and that reasonable maintenance of the artwork will not require procedures substantially in excess of those described in the Artist's maintenance recommendations or proposal. The warranties described in this Article shall survive for a period of five (5) years after final acceptance of the artwork, with periodic required maintenance by the County, according to instructions provided by the Artist. The County shall give written notice to the Artist of any breach of this warranty during the five (5) year period. The Artist shall, at no cost to the County,cure reasonably and promptly the breach of warranty by means of repair, restoration,refurbishing,re-creation,or replacing the artwork. 24. REPAIRS AND RESTORATION. The County reserves the right to determine when and if repairs and restorations to the artwork will be made after final 7 Art in Public Places—Marathon Courthouse • acceptance. Repairs and restorations to the artwork occurring five years after the County's final acceptance of the artwork will.be the responsibility and at the expense of the County. 25. NOTICE: Any written notice to be given to either party under his agreement or related hereto shall be addressed and delivered as follows: For Artist For County Colin Selig Florida Keys Council of the Arts 1547 Palos Verdes#315 1100 Simonton Street Walnut Creek,CA 94597 Key West,FL 33040 and County Attorney P.O.Box 1026 Key West,FL 33041-1026 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW ON PAGE 9 8 Art in Public Places—Marathon Courthouse Execution by the Artist must be by a person with authority to bind the entity. Signature of the person executing the document must be notarized and witnessed by another officer of the entity,or by two other witnesses. L'-r BOARD OF COUNTY COMMISSIONERS i-s sN.:t AMY HEAVILIN,I CPA,CLERK OF MONROE UNTY, LO A Jj`siA`1tl. 0 �OLI Ike.ria :� CeiSM'1 By: Deg tyClerk 4FRIDA ai � ' rss SES: ARTIST: COLIN SELIG 1 4. k Cotin Se6ti j Signature Signature rawrr1 at( N SELI6- Print Name Print Name DATE: 7 DATE: 3 I 1 I 1 MONROE COUNTY ATTORNEY re 'eTrh APPROVED AS TO FORM it _ Print Name �C/� DATE:---31 I� CHRIS AMBROSIO ASSISTANT COUNTY ATTORNEY STATE OF OT. Data: '7 — l�/-/ , COUNTY OF a t-A.. 1 On this 0 day of Maser ,20irjz, before me, the undersigned notary public, personally appeared Colin Selig, known to me to be the person whose name is subscribed above or who produced(4 Cezu.o- VA/WAS kola identification, and acknowledged that heishe is the person who executed the above contract with Monroe County for the artwork at the Marathon Courthouse for the purposes therein contained. Notary Public em°(jaeRE/f Jo.ratasa ti a-At x:t My Commission Expires may i - robs V Ii .AINi103 3UdNG'ri 11 '2113 '411 9 Art in Public Places—Marathon Courthouse 13Z :E I!d h l adV 9101 j jJ33b 003 0311J ACKNOWLEDGMENT ' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. of Californiao County Contra Costa ) On et{ OQ-tent h before me, Garrett Jonathan Busse, Notary Public //�� II / (insert name and title of the officer) personally appeared l.b\t 0SEl , who proved to me on the basis of satisfactory e ide ce to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowle ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ONNNETTJONATNNN BUSSE :ar�x Commission a Calif I / zj r ':„r, Notary Public••Callfornla z V-r% Contra Costa County Comm.Expire Nov 17,201E Signature /� (Seal) _ _�__ _ OPTIONAL Description of Attached Document Title or Type of Document Document Date: Other: No.of Pages: . . NON-COLLUSION AFFIDAVIT I, COUti S t-(6,— of the city of U.)AUJtn" C2ecAc Cf\ , according to law on my oath, and under penalty of perjury,depose and say that; 1.) I am Q)L,00 sacs— , the bidder making the Proposal for the project described as follows: 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said roject. 0/4 /1 (Signature of Bidder) STATE OF t , N r0. 3I 1 1CO /� I � � /! D TE COUNTY OF U4,k-ab itfikeI PERSONALLY APPEARED BEFORE ME,the undersigned authority, ' tat,.4 Sei drvsU who,after first being sworn by me, (name of in ual signing) affixed his/her signature in the space provided above on this jj 4 day of/Randd,- 20 L42 . NOTARY PUBLIC My Commission Expires:Iaou i.7 20(8 )t%z t,) 4Y. 2 hi ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On 0S-0f ZO(b before me, Garrett Jonathan Busse, Notary Public /� j (insert name and title of the officer) personally appeared (.(ill N 66 , who proved to me on the basis of satisfactory idence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknow dged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that y his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rail: GARRETT JONATHAN BUSSE ti. Commission♦2090380 000ry PUDik-Ni.CelNorn Comn Coats Count' M.Comm.Extrea Nov 17,2018 E Signature (Seal) OPTIONAL Description of Attached Document Title or Type of Document • Document Date: Other: No.of Pages: SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY.FLORIDA ETHICS CLAUSE CA L f h) ✓5" E L 16;-- warrants that he/it has not employed,retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price,or otherwise recover,the full amount of any fee, commission, percentage,gift,or consideration paid to the former County officer or employee. (signature) (� Date: (I STATE OF Cj.A�1>1'G7 A11 COUNTY OF 4izoc ( ,VSrit PERSONALLY APPEARED BEFORE ME,the undersigned authority, Coll 14 3CJ 1 who,after first being sworn by me,affixed his/her signature(name of indi al signing) in the space provided above on this D'4- day of IV .Aii/Li , 20Ic . pp TARY PUBLIC My commission expires: OMB-MCP FORM#4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State C of ofalifornia CountyContra Costa on 93-6C/ — D16 before me, Garrett Jonathan Busse, Notary Public (insert name and title of the officer) personally appeared 0, NA �El r who proved to me on the basis of satisfactory evide a to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledge to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that b r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. • I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ] L WITNESS my hand and offici ] GARRETT JONATHAN BOSSE 77 Commission f 2090380 Notary Public-California Comra Conn County • M Comm.Ea ire!Nov 17,2018 Signature (Seal) OPTIONAL Description of Attached Document • Title or Type of Document - . Document Date: Other: No.of Pages: • DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: CUL(N 5 Oct 6 (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(I). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nob contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. a ,,(1g Bidder's Signature Date OMB-MCP#5 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perform work as a contractor, 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." I have read and acknowledge the Public Entity Crime Statment C4Signature Date: 'J I i / I(/o /1 COUN-1 OP ID:ER A v CERTIFICATE OF LIABILITY INSURANCE 021 " THIS CERTMCATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED EY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: E the cmtllkate holder I.an ADDITIONAL INSURED,the pofcyPn)must be addend. E SUBROGATION IS WAIVED,subject to the tans end conditions Elbe policy,certain pollees may require en endorsement. A utatel,mn on Mis corncob does not caller Kahle to the certificate bolder In lieu of such.ndonemem(H. ryLn PRaN m1 sA1REACT Schroder Insurance Services Schroder Insurance SeMen Pu UM0E97563 HAGIA riderm1925•e]s•A9S I IAcL' dirt 925A]e-01es 1410 NoM Main Street a Walnut Creek,CA94596 Schroder Insurance SeMCn PRu6MNIAFORCIC COMPASS HNC• ROMEA:MESA INSURANCE COMPANY Man COLIN SELIG RRURM eI 1547 PALOS VERDE MALL,0315 ASLxMc: WALNUT CREEK,CA 94597 RSSMR D: Munn P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE*MUM HAMM MOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING NW REQUIREMENT,TERM OR CONDITION OF NW CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERAM, EXCLUSIONS MO CONDITIONS OF SUCH POLICES LASTS SHOWN MAY HAVE BEEN REDUCED BY PAIIDpCLAD* MOCIONII ITS TYPE CrINSUIWCE N POLICYMYnen leaei'rAR 11126 m LYRE A X L lBaAL COIML LLVLTY EACH apIRRw. 1,000,000 I cLYLUNAM ❑X Occt X MPW0IIUM01701 100a12016 10124R016 wamisaeP la eam.,N,a, 100,000 — moo ere me w N mme) 5,M _ PERSONAL E ADY INJURY1,000,000 OEWL AGGREGATE WET prams PER OEHEML AGGREGATE 2.000.000 POLICY Qlagi ❑LOC PRoovenS-COW ?POD 2,000.000 - - AUTONOMY LVaLOY Esisansomeumir ANY AUTO BOORS MANY Tr pow* ALLONNM —SCHEDULED yMpapPILS WART LPe.NYY) OWED NTOS— AUTOS _ AUTOS NOR_ AMHOOWNED SJP�e MWeDOVAREE nLnMLLA UM F. OCCUR EACH OCCURRENCE — MICW LAD CLAAIFIAIOE AGGREGATE IEO I I RETENTIONSWOR p@ p MS LOYint UAAIYIY N IaT,ATO/ I IGTH. ASHMORE EXCLUDED, �NIA E.L.EACH ACCIDENT OFFICEFULOMEER IDamoI..,Iaa M4) EL omme-SA DPLOYEE pilCVAPWN Or OPEMTIONB below EL DISEASE•PODGY LIST DEsCWrliON OF OPERATIONS;LWT0!O1 VEHICLES fACCOD R1.AYNeW Romeo MCNA my M YINR San eons Is...Mini Board of Monroe County Commissioners are named Additional Insured as respects the named Insureds operations. Endorsement CG20100013 attached. f I, '1/Egf 4NIGL—Iri e W =• CERTIFICATE HOLDER CANCELLATION BOARDMO swum Ma OF THE AsOVE DESPISED POLICES se CANCELLED BEFORE Board of Monroe County EXPIRATIONTHE WMITHE PO.Y THEREOF, � ''DULL SE °MA'MI® M Commissioners 1100 sin Rigor,Contract Admin AUTHORMO REPRuaNTATEN K y0 at,FL n 82-216 �I�' Key West,FL 33040 y� 019SE•2014ACORD CORPORATION. All fights rammed. ACORD 25(2014M1) The ACORD name end logo are rsgktend marks of ACORD 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Cc C ( N `J- E-L l C- Contract for: Mavr)4/1novt 60 Livi-koote a✓C4 /4-✓-4-- AddressofContractor- 15�4-'1 712a(os 'en(-es - 3/S t) vtui- CvtteK (4 14-c c( 7 Phone: r '7 z.6 -4s'7 St PC) , Scope of Work. Fabian-44c avid n5`f-er1/ 5i ✓! P'-f tiro?{ cc' _T ✓1 C.n�(.y�PCt-l�.n7 cct'v4 la.£-1 of„ i2[u, nf4tt n cc It�r) te_ Reason for Waiver _ ch., G1CF Ita ye e&t' -,Lt cv.pfc' `70es re€[./ ice- vu .4e vi a LCGMr)YcrSei +•. ti� Policies Waiver will apply to: i Signature of Contractor C_�s-�IC'IA cC t 2/ 1 11 I Ito Approved ^ Not Approved Risk Management: VA^�/li • Of jam Date: , "> L County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Administrative instruction WAIVREQ.DOC #0709.3 a x ` ` ` ` {\ f : its %s E [ � ` � \ } LL \ § a/ Q § ) , ! \§ /\ ) j 2 _ w § md ° § �)� co cow) CDz, W !_// � \ \ ) § §! _)\ ! w / 0 CO: / /) , , , , , , , , , , , , , )}) j «R , \\ la )! » i){ § 0 a)c / ( a com j ( o z ! § r , a ! — !`! / \ 2 qt ) ! 0 < itg \ /! !,! // /E 0 � 2 \ . 1zw . _ — _ ., . : ! § \\ \ wZ \ \ no 0 / 3 ( \ \ -0 4/ cmEo E N 0 C R L Ov O _ a.r v s a OE o` a)m 0 v e AA mo = e ry •1w A 0 o a '0 4 0 .0 N 0 C E a o " 0 3 g D ° V v o V] - . . 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J ■ t _ `7,-,- f r, ( - - - -r- " k _ -4 \ ' 7 C ; --c j �; Wit_ • 4°7 `_ v Cow Monroe County Art In Public Places REQUEST FOR PROPOSALS Application Cover Sheet Dab: (01zt1Jc- Applicant Contact Information: Name: (>1 ( N SPaCe Address: Pg'e/t�/ p-(031ftr&e$ 3i 31c, WC�1, 4- GCE C4 g45c( 7 Phone(s): 91- 451(c��''cDe n E-Mail: i 0 CoIirPtColtha Colt Website: W WWa CO tt:n,rt'/it, . Co Monroe County resident: Yes_(If yes, please attach proof of residency.)No V Total Budget/Cost: '( 4-, 7-oD Total Number of Art Pieces Included in proposal: j LA t) Please briefly describe the following if applicable; if not applicable indicate with N/A. Special lighting required: tJ/A '/ AV special requirements: ri lA I it W/ DDD... f /l' It 1 Type/amount of project access desired: ti(A Installation time required: `L j4.O//S r,/ Maintenance requirements: ©�6 }(o/1a/, r� 8F'' `-"� u )4 , �� f O Artist maintains a;300,000 liability Insurance policy:eit No If no, please explain. Please check the following items to Indicate they are attached: Crwritten proposal. it/Itemized budget. UV-Concept drawings; 5 pages maximum (8.5"x 111 Including color sketch QI digital rendition. �. Digital images PDF or JPG not exceeding 75dp1 - 5 images maximum to dirertorekevcarts.rom yr if 3-dimensional art proposal, one small model. Note: Support materials will that be returned to the applicant without prior pre-pald shipping. Signature firming that all information provided for this applies don Is true and correct. cor)(A ell Cot (N cec-s- ro 1415- Artist or head of organization Type or print name Date r collnselig.com Colin Selig 925-4457.5060 colInsel .�� Upryded Functional Sculpture 1547 Pros vete'r31 5 Walnut creak,Calaara 94597 Proposal for Marathon FL Courthouse Courtyard Introduction to artist's work I'm an eco-artist whose work is a synthesis of sculpture and sustainable design. My unique process is to upcycie salvage propane tanks Into functional sealing sculptures. I carefully dissect the tanks and reassemble the pieces, while doing no additional forming of the metal. The result is an object which Is playful, comfortable, durable and ecologically responsible. I have been granted a series of patents for my designs, which have won national and international awards for their aesthetic, technical, and innovative qualities. My work has been installed in civic, commercial and residential locations across the US and in Europe. My seats are ideal for public settings for multiple reasons. First of all, they are extremely durable because the steel tanks I repurpose have a substantial wall thickness of 1/4 Inch. When the curved and spherical elements are welded together they create a very rigid structure. Secondly, they are very comfortable. After extensive research I've determined an ideal relative position of curved seat to curved backrest which provides good lumbar support for a wide range of body sizes, an ergonomic advancement over traditional benches with Flat seats. Thirdly, my seats are Incredibly green. I start with a sustainable material then use a manufacturing process which takes minimal energy to produce an object which contains 99% post consumer recycled content. Finally, my seats make an easily recognizable ecological statement. Because propane tanks are so common people from all walks of life are able to appreciate their transformation Into functional works of art. Description of proposed site specific artwork The artwork I am proposing for the Marathon court house Courtyard Targeted Area Is two pieces - a love seat and a bench. Because the material I use allows for a wide range of design options I would like to work with the selection committee and art council staff to arrive at two site specific designs for this location, based on my previous body of work. For example, it could be one symmetric and one asymmetric design. I suggest placing the two seats at right angles to one another. This arrangement would create a sense of place and be a comfortable spot where jurors, witnesses and employees could sit, talk, and relax. I would suggest coloring the seats in blues or greens to sync with the surrounding colors In the ocean and sky. I have included in the sketch two different designs, and the included model represents a third design option. However these are just three possibilities. To get a better sense of the range of design options I strongly encourage committee members to look at my website where you can also get a better sense of what the pieces look like Installed in the landscape: www.collnselia.com Ccen Setg Marathon Courthouse Proposal Climate tolerant My benches are extremely durable and able to withstand sub-tropical climate conditions including hurricanes. They are fabricated from 1/4 thick steel and have a very rigid structure and are substantial in weight (250-350 lbs each). There are no flat surfaces where water can collect. The curved forms allow high winds to pass through and around them. For this salt water adjacent location, once fabricated, the seats would be sandblasted and then coated In a zinc rich epoxy powder coat primer, followed by a top colored powder coat. Powder coat is an extremely durable, baking on coating for metal, similar to an enamel. Fabrication &Installation I would fabricate these seats at my workshop In California and then ship them by truck to the site in crates. A lift gate would lower them to the ground. The crates would be moved to the site on furniture dollies and then the crates removed. The seats are well balanced on their four feet and have a low center of gravity, so they would just need to be bolted or staked down with hardware I would supply. Installation Is simple. I recently Installed six benches In Orinda, CA, In only four hours, so I'm confident It would only take a couple of hours to install two seats. In consideration of the limited budget for this commission, it makes the most sense to hire someone local to Install them. I have spoken with art council staff and was reassured that this would be possible. I have Included an Installation fee in the budget. Budget options The attached budget is for two benches, fabricated, delivered and installed. If the overall budget for this location was increased to Include additional landscaping I would be glad to act as a consultant to help place the benches on site. In the event there is no additional funding for landscaping and the selection committee feels strongly about Including It then another option would be to use only one of my benches, leaving enough money In the budget for this landscaping. This Is represented as budget"B"on the attached budget I've submitted. Of course these benches would be easy to unbolt and moved to a different part of the courtyard In future if area was re-landscaped at a later date. Timeframe I will need 8-10 weeks for fabrication and shipping once a deposit has been received. Maintenance Powder coat is a very durable finish and the only maintenance required is keeping It dean by wiping it down occasionally with a damp doth. Colin Selig Marathon Courthouse Proposal Budget - Marathon FL Courthouse Courtyard A B fabricate bench, including materials, labor & powder coat 4700 4700 fabricate love love seat, Including materials, labor & powder coat 4200 artist fee 2000 1200 crating & shipping 1800 1200 installation 500 400 contingency 1000 800 total 14200 8300 Colin Selig Marathon Courthouse Proposal