06/17/2020 Agreement 1: N'1, Kevin Madok, CPA
s; 'F, Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: July 14, 2020
TO: Breanne Erickson, Contract Administrator
Project Management
FROM: Pamela G. Elam:
SUBJECT: June 17th B0CC Meeting
Attached is an electronic copy of die following item for your handling:
CI 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 Committee and the Florida Keys
Council of the Arts.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Monroe County Art in Public Places Award Agreement
Marathon Library and Adult Education Center
This AGREEMENT dated the 17th day of June, 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)
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,
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
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 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 is commissioned to create a ceramic and glass mosaic tile artwork with the
proposed design, color and imagery of"Bubbles" not to exceed 72" wide x 60" high x 5"
deep, and deliver and complete the installation on "Wall B" in the Library's Adult Ed
Reception lobby as described and sketched in Attachment A, which is made a part hereof.
The "bubbles" design will be in shades of blues and greens to reflect the exquisite nature
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of water and the whimsical feeling of bubbles that are both ageless and timeless.The design
will share the concept that the Library inspires the imagination and learning.
Artists 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 001100 ($6,000.00) Dollars for the final approved
ceramic and glass mosaic tile artwork. 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 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% 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 with Florida State Statute It 2.06 1, or as described in 2) a
below:
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 m- 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
attached and made a part of this contract.
3) Completion: 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, 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
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. 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 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
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
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. 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
to: 1) Title VII 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 maybe 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
4
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
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/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.
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.
5
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 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
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
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:
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
6
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.
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
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.
(3) Ensure that public records that are exempt or confidential and exempt from public
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
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
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 format that is compatible with the information
technology systems of the County.
(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.
7
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 l 19.10, Florida Statutes.
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 QUESTIONS 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
COUNTY ATTORNEY'_S OFFICE, 1111 12T" 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
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:
For Artist: For County:
Carlos A. Alves & JC Carroll Florida Keys Council of the Arts
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
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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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s,..„t�culion by the Artist must be by a person with authority to bind the entity. Signature of the
clo executing the document must be notarized and witnessed by another officer of the
T AtI r by two(2) other witnesses.
-e i� BOARD OF COUNTY COMMISSIONERS
• •' r: KEVIN MADOK, CI ERK OF MONROE CO N7Y, FLORIDA
- - By:
as Deputy Clerk Mayor/C inn n
WITNESSES: ARTI CARLOS A. ALVES
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day e7V/IQ 2020, before me, undersigned not- Ar On this 2 of publtF o
personally appeared, by means of fitahysical presence or 0 online iiotrrizatio a
, known to me to be the person whose name is subscnbedabove a rn
who produced Ake-4.02112lia t/f7 bas identification, and acknowledged that he-she is t e o
person who executed the above contract with Monroe County for the artwork al the Monroe o
County Public Library, Marathon Branch and Adult Education Center for the purposes thcreSt?
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who produccd as identification, and acknowledged that he_'she is the
person who cxccutcd the above contract with Monroe County for the artwork at the Munroe
County Public Library, Marathon Branch and Adult Education Center for the purposes therein
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NOWCOLLUMON AFFIDAVIT
1, of the
according to low on my oath, and under penalty of perjury depose and say that.
S. 1 gfN A
of the form of,
theproposer making the Proposal for the project described in The notice for calling for
proposals for ._..
ma Y-C� 444 o o
and that I uted the said proposal with full authou to do so:
2 The prices in this proposal have been arrtved at independently without collusion,
consultation, cornmunicaflon 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
3 Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly dfaclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opw,ing, directty or Indirectly, to any other proposer or
to any competitor, and
4. No aftempt has been rnado or will be made by the proposer to induce any other person,
partnership or corporation to 8kibirnil, or nol to submit. a proposal for the purpose of
restricting competition, and
5 The sL$0rPenIs contained in this affidavit are true and correct, and made with full
knowl�94 of said project,
(&gnature of Proposer) (Date)
STATE
COUNTY OF —6aid 4:
Subscribed and sworn to(or affirmed) before me, by means,of phywcal presence or 0 online
notanzation, on 2P2.6 (date)
by afflant), He/She is personally
known to nv or has produced PL bL 4'it 7,j p) 1'*3 W70 (type of identificahon) as
AentrficatJion,
CONNIET01IMS NOTARY PUBLIC
Y OOWWSM 0 00 39430
11IL 2023 My comaussion oxprres ,j
4
LOBBYING AND CONFUCT F INTEREST CLAUSE
ORDINANCESWORN STA ENT UNDER
FLORIDAMONROE COUNTY,
ETHICS CLAUSE
ea V44 S , r
w is th f. otherwise had act rr hi "�t behalf any
(' � ; Sectionf Ordinance No, r any
f lrs to - For breach r
In tl ,terminate this contract without liability
m, ydiRW kirn the contraclr purchase price, or otherwIse recover,
w-'Oum �d, xi fm =-iriswon, percentage, gift, or consideration paid to 1he former
(Sign r
Date,STATE OF
nr
COUNTY
OF bade
Sutaxs4yad and sworn t (or a fors me. by meansf 0 physical presence or [!online
�a arid on (date)
(name of t). is rnlly
tx-Kma to nm or has produced 44 of dd ti t o
%1WIff n,
r r
NOTARY
PUBLIC
OONNMTORRES
3ry * My 0 GO 3660
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accor me with Florida Statute 287.087 hereby certifies that
(Name of Business)
1 Publishes a statement notifyina amDlloyees that the unlawfil manufarlurs rimiribirtinn,dig panting
possession, at use of a controlled substance is prohibit ed in the workplace and Gpeciynq the
actions that wilt be taken against employees for violations of stich 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 counspAtng, rehabilitation, and employee
assistance programs, and " penalties that may be Imposed upon employees for drug abuse
violations
3 Gives each ern yee engaged In providing the commodibes or contractual services that are under
proposal a copy of the statement specified in subsection(1).
4 In the statement sp"ified in sub3echon(1), notifies the employees that, as a condition of nq
on the commodities or contractual services that are under proposal, the employee Will abide by the
terms of the statement and will nollty the employer of any conviCtion of, or plea of guilty or nolo,
contendeve to,any violation of Chapter 893(Florida Statutes)or of any controlled substance law of
the United States or any state, for aviolation occurring in the workplace no Wier than five(5)days
after such conviction
5. Imposes a sancition on, or require the satisfactory participal;on in a drug abuse assistanre or
rehabilitation program,If such is available in the employee's community,of any employee who Is so
convicted
6. Makes a good faith effort to continue to maintain a drug-hee workplace through implementation of
this section,
As the person authorizea to sign the statement, I certify that th' rcomplies fujh,� 11milijill
J"
requirements
Pro poser's Signature
D�Te_
STATE OF
COUNTY OF JC
Subscribed and sworn to(or affirmed)before me, by means o0ephysical presence or 0 online
notarization,on LOW 2jDZD (date) by (name of affiant).
Het he is personally known to me or has produced f (type of identificabon)
as Identification,
NOTARY PUBLIC
c0NNM TORP93 My commission expires:_;Z4!��/
My COWMION as GO 3WW
Eon&JuV 16,2023
...... DOWTWU
2
PUBLIC ENTITY CRIME STATEMENT
'A person or affilate who has been pieced on the convicted vendor R91 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 sub rM a bid on a contract with a pubRe entity for the construction or repair of a
public building or public wo(k, may not submit bids on leases of real property to public entity, mrsy
not be awarded or perform work as a contractor, supplier,subcontractor,or CONTRACTOR under
a contract with any public enifty, and my not transact businesa with any public entity In excess
of the threshold amount provided In Section 207,017, Florida Statutes, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor fist.'
f have read the aAve and state that neMer S A , A-L LC S 4W
(Pro poser's pMeYnor any Affiliate has been placed on the convicted vendor list within the Iasi
thirty-six months,
(Signature)
Date:
STATE OF, Pir
COUNTY OF 44-
Subscribed and sworn to (or affirmed) before me, by means oo4hyslcM presence or ' i online
notarization, on —j4jyu z>2 A lo 2c (date)
by (name of afflant), He/ is personally
known to me or has produced 143V170 (type of identffic0on) as
identification
NOTARY PUBLIC
-)43
CONNIE TORRES commisston expires JIA ZC
MYCOMM
NION I GO UU30
EXPIRES:,My 16,=3
0**40 Tin pok UWW#Ts"
2
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Protem, Description(s), 4 ttavl L4 �m
Respondent Vertdor Name, V - 4u
Vendor FEIN ol
01
Vendor's Authorized Representative Name arid ntle
Address
City tat p, 0
Phone r rrtalt rw SC& C414-1
Section 287,135, Florida Statutes prohibits rnpany from bidding on, submiftling a proposal for, or
entering Into of rer&Mng a contract for goods or services of any amount if, at the b'n* of cont=ung or
renewal,the company Is on the Sautinized Companies that Boycott laireal to eftatecipursuant loSection
2116A726, Floride Statutes, or Is engaged In a Boycott of Ismel SecuonWA35,, Florida Statutes, also
prohibits a company from bidding on, subriwitting a proposal W, or enterft Ito,or renewing a wntract for
goods or senrloes of$1,000,000 or mwo, that are on either the Scrutinized Compardes Wth Acoviges In
Sudan List or the Scrutinized Companies With AcWties In ft Iran Potrallaurn Energy Sector Lists which
were created pursuant to a 2115,473, Florldo Statutes, or Is engaget:1 lin business opomfions in Cuba or
syn&
As the person authorized to sign on bohdf of Respondent- I hereby cerft dW the cw4uny Identifled
above In the Section entitled 'Respondent Vendor Name*is not Usted on Um Scrutinized Companies that
Boycott Israel List cir engaged in a boycott of Israel and W Projects of S1,0W,000 or more is not!fated on
Wther tho Scrutinized Companies Wth Activities In Sudan Ust,t nies with ActlyMes tn
the Iran Petroleum Enorgy Sector List,or engaged In busirmss operatkm In Cuba or Syft,,
I understand that pursuant to Section 287.135,Flodda MqUes,ft subrdislon of a false cedid cation rrwy
subject company to civil penalties,allorney's fea,andloir costs, I ftfter understarrri that any contract With
tho County may be terminated, at the option of the County, If ft comparry Is found to have submitted a
faim certification or has been placed on the ScnArdzed Compardes(W SoyaM Israel List or engaged In
a boycott of Israel or placAW on the Scivitinized Compardes wfth Activifts in Sudan List or ft Scrutinized
Companies Wth Activitles in the Iran Petroleum Energy Sector List or been engaged In business operritioins
In Cuba or Syria,
Cenified By, r,4:16 vvho�s authonzed
to sign on behalf of the a of remed
Auftilzed Signature
Print Namo, ('a PLC,.-
Tile
Note The Ust are available at the fall rig Department of Management SeMces Site
SA, -v- lud
NON-COLLUSION AFFIDAVIT
I, of the city
according to law on my oath, and under nafty of p ry, depose and say that:
i. l am
of the firm of OF
the proposer makin he Propose! for the project d scribed in the notice for calling for
proposals fore
t kel
and that l executed the said proposal wMith 3 authority to do SA;
2. The prices in this proposal have been ar&ed at independently without collusion.
consultation, communication or agreement for the purpose of restricting competition,tition, s
to any matter relating to such prices with any other proposer or with any rripe tCsr; and
. Unless otherwise required by law, the pries which have been quoted in this proposal
have not been kAowingty 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
o attempt has been made or will be madeby the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition, and
The state s contained in t c affidavit are true and correct, and made with Bali
no s f t
(Sign uro n ropo r (Date)
STATE
LINTY OF:
Subscribed and sworn to (or aft before me, by means otkgoysicat presenceor 0 on4n
not rrizabon, on (date)
y (name of finl), Hth is personally
known to me or has produced - (type of identification)as
identification.
Wy lJ "fR
EMS:MY fl,202'3
co mission expires:
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-111990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
warrants that heJit has not employed, retained or otherwise had act on haras 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 Fear breach or
violation of this provision the County may, in its discretion, terminate this contract without liabi?dy
and may also, In its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, qr, or consideratipn-�paid to the er
County officer or employee'.
rce n of rat.
(Sign ure)
D a
e:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or afflrmed)before me, by means cif Jk2hysical presence or LJ online
notarization, on ,Y1A 0 2d-1 20z0 -(date)
by (name of affiant). He/ is personally
known to me or has pr ce f (type of identification) as
identification.
WMIE 7ORRES
356M wyC0MU=0N#GG3%W
ka L) EXPNSA*l16.M3 My commission expire 14 26)23
Bcj,6W Tivu Ni"POW Urdermbn s:
4
DRUG-FREE WORKPLACE FORM
The undersigned vendor
I Publishes a statement notillying employees that the unlawful manufacture,distribution, dispensing,
possession, or use of a controlled wbstance is prohibited in the workplace and 3pecifying the
actions that will be taken against employees for violations of such prohbftvn
1 Intofma employees aboi.4 the dangers of drug abuse in the workplace, the business's Wicy of
maintaining B drug-free vnxkplace. any available drug cwnsehng, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3, Gives each employee engaged in providing the commodtbes or contractual services that are under
proposal a copy of the statement specified in subsection(1).
4. In the statement spec4fied in subsection(1), natifies the ernrAoyees that, as a condition of worldng
on ft commodities or contractual services that are under proposal,the employee will abide by the
terms of the statement and *111 notify the employer of any convWjon of, or plea of guilty or to
cot ere to,any violation of Chapter 003(Florlda Statutes)or of any controlled substance law of
the United States or any Vale, 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 padtdpabon in a drug abuse assistance or
rehabilitation program If such is available in the employee's community,or any employee who Is so
conActe,cL
Makes a good faith,effort to continue to maintain a drug-froo workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that thl$ com lie y it the above
requirements.
proNse s Signature
en
Date
STATE
COUNTY OF, bade
SubscAibed and sworn to(or affirmed) before me,by means oLXfphysical presence or 0 online
2
notarization, o (date)by (name of affiant),
He/She is personally known to me or has produced (type of identification)
as identification,
!d
CONNIE10111RES NOTARY PUBLIC
Wy COMMWON 0 GG 3SM30
Ai W23
Z EVIRES:M 16.20a My commissfon expires.
5,
vmn Pubk Unda
7
PUBLIC ENTITY CRIME STATEMENT
'A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entry 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 wcork, 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 CONTRACTOR under
a contract with any public entity, and my not transact business with any public enWy in excess
of the threshold amount provided in Section 287.0 17, Florida Statutes, for CATEGORY TWO for
a period of 36 months from the date of being plat on the con '
c corn vendor(s
I have read the above and state that neither (3a rlt�
(Proposer's nab r y,, Dia
11 ffiliate has been 4plaon the convicted vendor list within the Iasi
thirty-six (36)'non,t
ature
ate: ins tg
STATE OF-
COUNTY OF-, ade-
Subscribed and sworn to (or affirmed) before me, by means of)eoysical presence or 1-3 online
nollanzation, on 02_ OZO (date)
by �_3ahe__ O_ M>Ll
(name,of affiant). HelShe is personal;y
known to me or has produced V4C>Wj 40q2j 0 of identification) as
identificatiOn.
NOTARY PUBLIC
CONNIE TORRES
My
kx)comwssioN0GG3&%30 J
I S, `16. ,(OdAZ3 corn missn io expi
res;
EXPRE J* 2W
B&KWTIWU No-MY Put*ow$�
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES IT
Z-4
Project Description(s),
Respondent Vendor Name:
Vendor FEIN
Vendor's Aut
Address:
city� Jpf- Zia: ks
Dc cLluf��s- oi w&
Phone Number _C>0 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 finve of contraciting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, cmted pursuant to Section
215.4725, FWda 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 *th 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.
As the person authorized to sign on behalf of Respondeflt, I hereby certify that the company identified
above in the Section entitled 'Respondent Vendor Name' is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycW of Israel and for Projects of$1,000,000 or more is not[sted on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies*th Activities to
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 WIV
the County may be to mated, at the option of the County, if the company Is found to have submitted a
false certification of has been placed on the Scrutinized Companies that Boycott Israel List or engaged it
a boycoll of Israel or placed on the Scrutinized Companies vAlh Activities in Sudan List or the Scrutinizac
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operationi
in Cuba or Syria.
C
1";;,c ertified y
who is authorized
to sign beha f of the above ref cecat cbmpany,
Authorized Sign at're,
e S
Print Name
ndei
Note. The List are ava"fable at the following Department of Management Services Site,
, ""a4x " "i, 1n'�"L N 16 " V-, I -Y S.-I,
31 Fit fl f G-U-J"'
6
AC DATE INIUMDfYYYY)
CERTIFICATE LIABILITY INSURANCE E 0&0212020
THIS CERTIFICATE 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 BY THE POLICIES
BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT, If the Certificate holder Is an ADDITIONAL INSURED,the poitcy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsements.
PRODUCER CONTACT Steve Gree
p _
Alexander,Greep,&Tate insurance (954)561.9496 Inc (954)581-1350
2727 E Oakland Park Boulevard#200 E"Dt'4D°ie'ss. sieve@alexande reep.00m
INSURERS AFFORQING CCIVERAGE NAIL 0
Fort Lauderdale FL 33308 WSURERA: Cavington S eCialty Ins Co
INSURED INSURER B:
Carlos A.Alves,Inc. INSURER C:
Carlos Alves and Jane Carroll INSURER D:
1864 Sw 9 Street USURER E.
Miami FL 33135 1 INSURER F;
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
WDICATED NOTV41THSTANO1NG ANY REQUIREMENT. TERM OR CONO-TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE 114SURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM'S..
INSR ADDL SUBR Poucy EFF POLICY EXP
LTR_ _ TYPEOFiNS1IRANGE Pr)UCYNUMBER._.. I ImWDAMOMM - LIMITS
,X. COMMERCIAL GENERAL,LIABILITY EACHOCCVRR9NCE 3 1,000.000
i f0.8Nr ....,..._ _
CLAIMS-MADE : OCCUR IMF s 100.000
MED EXP Any or*pemonl S 5,000
A Y N VBA723440 00 09/2112019 09121/2020 PERSONAL a ADD INJURY $ 1,000.000
GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE s 2,000,000
POLICY�1 PERCT El LOC PRODUCTS-comp/OPAGG s 1.000.00D
k OtHE . I 1 1 $
1 AWTOMOWLE LIABSIAW S W LIMIT A PROVED RIaK MA AGEM NT ®OE?ILYINFWRY Pararcidenl ANY AUTC7 [CO11SINED
DILY`.NJWRY(Per penlml)
OWNED SCHEDULED
AUTOS ONLY AUTOS I 1-S
HIRED NON-OWNED I PROPERTY DAMAI � 5
_ AUTOS ONLY AUTOS ONLY l r
1 S
- __ _
20
UMBRELLA LIAR OCCUR.. EACH OCCURRENCE 5
EXCESS UAB ,
_ CI.AN,tS.ta4apE 1 At3GREGATE_-- - 3
a DEO A.LNTION S -- S
WORKERS COMPENSATION .PART TE YIN bTRII- t
AND EMPLOYeks't FAeIUTY
ANY PROPRIE`tOWPARTTNERI XECUTIVE NIA
El EACH ACCIDENT_ S
OFFICERI MEWRER EXCLUDED? 71(Mandatory In NHI i E.L DISEASE�CA EMPLOYE S
9 es,t4esssb@ under
p SGRIPTX)NOFOPERATIONSbelew ' E.L,DISEASE-POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VENICLES(ACORD 101,Adoolklonel Remarks Scheduts,may be attached if more Vace m mquimdl
Monroe County Board of County Commissioners is listed as additional insured.
Re:Marathon Litxary and Adult Education Center Wall Art
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE'
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DE' ED IN'.
Monroe County Board of County Commissioners ACCORDANICE WITH THE POLICY'PROVISIONS_
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key west FL 33040
019882015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
2018 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.
ContractorNeudor: Carlos A Alves
Project or Service Artwork
ContrAddress
&Phone
1854 SW 9 St, Miami, FL 33135
Address&Phone t'F:
305-331.6806
General scope of work:
Creating Ceramic Artwork for Marathon Library Wall
._,
Artwork to be made at our studio, then brought to
Marathon library to be hung
Reason for Waiver or
Modification:
'fie bh*H quire workman's d6itp as we and-tote
pnmwy bu§mess owners arid`w�P nol a inng
addtttonal em'loees
Policies Waiver or
Modification will apply to:
Signature of ContractorNendor.
Date 06/03/2020 Approved X Not Approved
Risk Management Si ture:
Date:
County Administrator appeal_
Approved: Not Approved
Date
Board of County Commissioners appeal:
Approved Not Approved.
Meeting Date:
Administrative lns ction 7500.7
104