Item C31 C.31
Co ��Monroe r ' BOARD OF COUNTY COMMISSIONERS
lrl Mayor Heather Carruthers,District 3
The Florida.Keys � m���� ���� Mayor Pro Tem Michelle Coldiron,District 2
1 Craig Cates,District 1
David Rice,District 4
` Sylvia J.Murphy,District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: C.31
Agenda Item Summary #6591
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
N/A
AGENDA ITEM WORDING: Approval of a contract with Carlos A. Alves and JC Carroll for
$6,000.00 for public art at the new Marathon Library recommended by the Art in Public Places
(AIPP) Committee and the Florida Keys Council of the Arts (FKCA).
ITEM BACKGROUND: Monroe County Ordinance No. 022-2001 provides for an appropriation
of 1% of the construction costs for new construction exceeding $500,000 and renovations exceeding
$100,000 to be set aside to promote understanding and awareness of the visual arts and enrich the
public environment for residents and visitors. Based on responses submitted on January 22, 2020, to
a second Request for Proposals, the AIPP Committee selected Carlos Alves and JC Carroll to
provide public artwork for the new Marathon Library. This artwork will consist of the design for the
terrazzo floor in the library lobby and at two (2) stair landings totaling approximately 420 (four
hundred twenty) square feet. The contractor for the library construction will then initiate installation
of the terrazzo floor as designed by the artists.
PREVIOUS RELEVANT BOCC ACTION:
March 21, 2019 — BOCC approved a contract with Pedro Falcon Construction for construction of
the new Marathon Library.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Contract
DOCUMENTATION:
Agreement Marathon Library Alves- Carroll (legal stamped)
Approval letter from FKCA—Alves-Carroll
FINANCIAL IMPACT:
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C.31
Effective Date: 02/19/2020
Expiration Date: 90 days after Notice to Proceed issued
Total Dollar Value of Contract: $6,000.00
Total Cost to County: $6,000.00
Current Year Portion: $6,000.00
Budgeted: Yes
Source of Funds: 314-26008-560620-CC1501
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match:
Insurance Required: Yes
Additional Details:
Yes
02/19/20 314-26008 - CAPITAL OUTLAY BUILDING $6,000.00
CC1501
REVIEWED BY:
Cary Knight Completed 02/04/2020 3:01 PM
Patricia Eables Completed 02/04/2020 3:18 PM
Budget and Finance Completed 02/04/2020 4:46 PM
Maria Slavik Completed 02/05/2020 7:42 AM
Kathy Peters Completed 02/05/2020 12:05 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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Monroe County Art in Public Places Award Agreement
Marathon Library and Adult Education Center
Design of Terrazzo Floors
This AGREEMENT dated the 19th day of February,2020, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter
"County"/"BOCC", and CARLOS A. ALVES and JC CARROLL, hereinafter"Artist."
WHEREAS, the Monroe County BOCC recognizes the extent of cultural resources
available in the county for development, promotion, and enjoyment of the arts. It is the intent of
the BOCC to enrich culturally and benefit the citizens of this county through the establishment of
Art in Public Places; and
WHEREAS, the Art in Public Places Ordinance#022-2001 (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 established an Arts in Public Places Committee (AIPP) W
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 regarding the art subject to the
AIPP allocation; and
WHEREAS, the BOCC desires to acquire public artwork to be installed, placed, and/or
located at the Monroe County Public Library, Marathon Branch, and Adult Education Center, 03
Marathon, Monroe County, Florida,to promote understanding and awareness of the visual arts and
to enrich the public environment for residents and visitors; and
WHEREAS, in conformity with the AIPP Ordinance and MCC §2-233, the Artists were
selected by the AIPP Committee to provide public artwork for this location; and
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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.
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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 i
termination pursuant to and in compliance with paragraphs 12,and 13 below. All work for a
which AIPP funds are to be expended must be completed by the stated termination date.
2. SCOPE OF AGREEMENT: The Artist shall perform all services, and provide and furnish
all supplies, materials, and equipment as necessary for transportation, creation, and
installation of artwork in the Marathon Library and Adult Education Center as follows:
Artist team will supply the finished designs for the terrazzo floor in the Library lobby and
the two (2) stair landings totaling approximately 420 (four hundred twenty) square feet as
described and sketched in Attachment A, which is made a part hereof. The artist team will
design mechanical drawings for the subcontractor for installation. The "bubbles" design
will be in shades of blues and greens to reflect the exquisite nature of water and the
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whimsical feeling of bubbles that are both ageless and timeless. The design will share the
concept that the Library inspires the imagination and learning.
Artist shall confer with and coordinate activities with Executive Director, Florida Keys
Council of the Arts, Elizabeth Young, in order to insure that there is as much cooperation
and cohesiveness in the incorporation of the art in or around the building so that there shall
be the least amount of interference between the Artist and the Marathon Branch Library
and Adult Education Center personnel or any construction staff.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount
not to exceed Six Thousand and 00/100 ($6,000.00) Dollars for final approved
mechanical drawings used to create the project. The Board of County Commissioners
assumes no liability to fund 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 LN
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:
1) Design Phase: 33.3%of total payment;
2) Materials: 33.3°o of total when artist submits receipts for materials and E
eligible costs equal to or greater than 33.3% of the contract total. y
Travel expenses are included in this phase and shall be paid in
accordance with Florida State Statute 112.061, or as described in 2) a
below: —
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2(a) 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 a vehicle, mileage must be reported on the Voucher. Mileage is
reimbursable at $0.53 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
$10.00; Lunch —when travel begins before 12 noon and extends beyond 2
p.m. for$15.00; and Dinner—when travel begins before 6 p.m. and extends
beyond 8 p.m. for$30.00.
A State of Florida Voucher for Reimbursement of Travel Expenses is i
attached and made a part of this contract.
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3) Completion: 33.3% final payment due when installation is deemed complete and 2
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, and 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).
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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 may also require HARC review, if applicable).
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 sixty(60)days after the completion
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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. §106A, et al. aI., to the c
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 W
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, y
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 03
by more than one author, the Artist's signature and waiver binds the entire group of
authors/artists.
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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 i
Florida, or authorized agents and representatives of said governmental 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 21 below.
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 03
of time to complete any terms 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 agreement shall be construed as to find
the Artist or any of its employees, contractors, servants, or agents to be 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.
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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 LN
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.
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10. NONDISCRIMINATION. Artist and County 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. Artist or County agrees to comply with all Federal and Florida statutes,and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited y
to: 1)Title WIZ 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, 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, ss. 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. 3601 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. 12101 Note),as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
11. 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
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annul this Agreement without liability or, in its discretion, to deduct from the agreement
price or consideration, the full amount of such commission, percentage, brokerage or
contingent fee.
12. TERMINATION: This Agreement shall terminate pursuant to Paragraph 1. 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 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 ninety (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 e
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 W
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 y
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/she has not employed, retained or otherwise
had act on his/her 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.
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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 thirty-six(36) months from the date of being placed on the convicted vendor list.
Artist represents that Artist is not on the Convicted Vendor list.
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1 S. 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 is 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 y
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 (1) year after acceptance of the project, unless the requirement is waived by the LN
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, c
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.
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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:
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1. Workers' Compensation if, and as required by Florida Statutes
2. General Liability Insurance. Coverage shall be maintained throughout 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:
$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
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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 COMPLIANCE: Contractor must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
Article I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" 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 contract and related to contract performance. The County shall have
the right to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed
a material breach of this contract and the County may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. c
Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract, the
Contractor is required to: --
(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy y
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law. S
(3) Ensure that public records that are exempt or confidential and exempt from public ti
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
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does not transfer the records to the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public records
in possession of the Contractor or keep and maintain public records that would be required
by the County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure i
requirements. If the Contractor keeps and maintains public records upon completion of the
contract,the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the County, upon request from the
County's custodian of records, in a fonnat that is compatible with the information
technology systems of the County. E
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records, the
County shall immediately notify the Contractor of the request, and the Contractor must
provide the records to the County or allow the records to be inspected or copied within a
reasonable time.
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If the Contractor does not comply with the County's request for records, the County shall
enforce the public records contract provisions in accordance with the contract,
notwithstanding the County's option and right to unilaterally cancel this contract upon
violation of this provision by the Contractor. A Contractor who fails to provide the public
records to the County or pursuant to a valid public records request within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes.
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The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONTRACTOR HAS--()
UESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-
3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE W
COUNTY ATTORNEY'S OFFICE, 1111 12rH Street, SUITE 408, KEY
WEST, FL 33040.
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. NOTICE: Any notice required or permitted under this Agreement shall be in writing and i
hand delivered or sent by United States Mail,postage prepaid,to the other party by certified
mail, return receipt requested, or by courier with proof of delivery. The place of giving
Notice shall remain the same as set forth herein until changed in writing in the manner
provided in this paragraph. Notice shall be sent to the following addresses: e
For Artist: For County:
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Carlos A. Alves & 1C Carroll Florida Keys Council of the Arts E
1854 SW 9`" Street 1100 Simonton Street
Miami, Fl. 33135 Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041
24. WARRANTIES OF QUALITY AND CONDITION: Artist represents and warrants that
the artwork, as fabricated and installed, will be free from defects in material and
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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.
25. REPAIRS AND RESTORATION: The County reserves the right to determine when and
if repairs and restorations to the artwork will be made after final acceptance. Repairs and
restorations to the artwork occurring five (5) years after the County's final acceptance of
the artwork will be the responsibility and at the expense of the County.
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[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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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 (2) other witnesses.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST. KEVIN MADO , CLERK OF MONROE COUNTY, FLORIDA
By: y:
Deputy Clerk Mayor/Chairman
WITNESSES: ARTIST: CA OS A. ALVES
Signature Signature W
DATE: -�
Print Name
ATE:
2)
Signature
Print Name
DATE:
STATE OF
COUNTY OF
On this .� day of , 2020, before me, undersigned notary public,
personally appeared, by means of 13 physical presence or 0 online notarization,
known to me to be the person whose name is subscribed above or
who produced as identification, and acknowledged that her'she is the
person who executed the above contract with Monroe County for the artwork at the Monroe
County Public Library, Marathon Branch and Adult Education Center for the purposes therein
contained.
Notary Public: My Commission Expires:
Name
(SEAL)
O 0E COUNTY ATTORNEY'S OFFICE
AP OVEUAS TOAOT
PATRICIA EABLES
C ISTANT C ATTOR
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WITNESSES: ARTIST: JC CARROLL
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Signature Signature
DATE:
Print Name
DATE:
2
Signature
Print Name
DATE:
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STATE OF
COUNTY OF
On this day of , 2020, before me, undersigned notary public, y
personally appeared, by means of ❑ physical presence or ❑ online notarization,
known to me to be the person whose name is subscribed above or
who produced as identification, and acknowledged that he/she is the
person who executed the above contract with Monroe County for the artwork at the Monroe
County Public Library, Marathon Branch and Adult Education Center for the purposes therein
contained. a
Notary Public: My Commission Expires:
Name
(SEAL)
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NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am
of the firm of y
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal 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 proposer or with any competitor; and c
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person, y
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledge of said project. ca
(Signature of Proposer) (Date) i
STATE OF:
c
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online i
notarization, on (date)
by (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
Packet Pg.869
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
6
ETHICS CLAUSE
(Company) CL
... 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. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or c
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, W
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
0
Date:
i
STATE OF:
COUNTY OF:
0
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) i
by (name of affiant). He/She is personally E
known to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
Packet Pg.870
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
6
1. Publishes 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 U
actions that will be taken against employees for violations of such prohibition.
2. Informs 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 CL
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
0
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal,the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
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. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or ru
rehabilitation program if such is available in the employee's community, or any employee who is so CD
m
convicted.
0
6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section. U
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
i
Proposer's Signature
0
Date
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or❑ online
notarization, on (date) by (name of affiant).
He/She is personally known to me or has produced (type of identification)
as identification.
NOTARY PUBLIC
(SEAL) My commission expires:
Packet Pg.871
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 ca
not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for '
a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
0
(Signature) W
Date:
STATE OF:
COUNTY OF:
i
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date)
0
by (name of affiant). He/She is personally
known to me or has produced (type of identification) as i
identification.
NOTARY PUBLIC
(SEAL) My commission expires:
Packet Pg.872
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name: —
0
Vendor FEIN: E
Vendor's Authorized Representative Name and Title: y
Address:
City: State: Zip: CL
'
Phone Number Email Address:
.Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in '✓
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria. y
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that m
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with i
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
i
Certified By: who is authorized
to sign on behalf of the above referenced company. E
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
tts://www.dms.myflorida.com/business operations/state urct asin /vendor information/convicted susta
ended discriminatorgr complaints vendor lists
Packet Pg.873
C.31.b
ke-V-s- We
Support We Connect We Promote e We Give
FLORIDA KEYS W www.keysarts.com
COUNCIL FT E arts
January , 2020
Carlos A Alves & JC Carroll _
1854 SW '" Street
Miami, FL 33135
305-331-6806 carlosaivesmosaics@me.com
Dear Carlos and JC, '
Congratulationsl
Your design work has been recommended for purchase (and installation) in the new
Marathon Library lEducation r on Marathon , Florida.
The MonroeCounty Art in Public Places Committeel like commission you for o
original public art based on your proposal dated January scri s follows:
"Bubbles" design for the lobby and stair landings in shades of deep blues as per the preliminary
sin sketches. AS stated in your proposal you will supply the subcontractor with finalized
mechanical drawings for the Terrazzo floor design. Cost includes design, and mechanical
drawings. i roviMonroe County AIPP. (sign age will be providedthe County).
Your I commission for the completedi i
i
The
next step is for you to please complete ncl sFile Request Form and
- , and sendit to Ms. Breanne Erickson, is your contact for contracts, invoicing
nt. o
0
r address is: Breanne Erickson, or iitr r
Facilities v to t
1100 Simontonr - 1
West,Key
, erickson- re nne ,rnonro county-fl._ ov
Pleaser vi liability insurance namingr nrCounty
Commissioners s an additional insured. The proofof insurance or waiver must
attached to the contract for it can be approved. s your insurance agen
ORIGINAL certificate insurance page to Breanne Erickson,
Alternatively, if you do not haveinsurance, r prefer to request iv r and arewilling
accept II personal liability, n expect very minimal exposure to risk, you may complete
the enclosed 'Request for Waiver of Insurance uir s" and return it to Breanne
with the other forms noted above.
Historic Cato Building e 1100 Simonton Street,Suite 2-263 - Key West, Florida 33040
35-29 69 e Fax 05-2 -42 e infofteysarts-com
Packet iPg. 874
C.31.b
Your art budget will become official r a contract is drawn u , signed by you, approved
y the County Commission (at their next meeting) and signed by the County Mayor.
An executed copy will be returned you.
ftrthis approval is acknowledged, you may submit an invoice to Ms Erickson on behalf
of the Board of Monroe County Commissioners for your first payment.
Your first invoice will be for one thirdof the commission as your" sign Fee". You are
required to include a copy of your proposal showing your plans/design and the agreed-
6
upon price.
The second invoice should include receipts for materials and an appropriate fee for labor. U
The third and final invoice must include photographic proof of completion.
Please send all invoices to Breanne Erickson. (more specific ils will be in the
contract.)
Please note: the Committee requests that you do not make any announcements or
release any information to the Press without prior approval of the Executive Director at the
Arts Council.
0
Thank you for being a part of the Monroe County Art in Public Places Project at Marathon
Library and Ault Education Center. If we can assist you with any additional questions or
information, please let us know. --
0
Best regards;
i
U
izabe Young s nio, Chair
ec Eve ire Art in Public Paces Committee
sCoun of the Arts Monroe County
2
cc: Breanne Erickson, Facilities Development, 305-292-4427
Tricia Eables, Assistant County Attorney
Packet iPg. 875
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