Item S07 } S.7
`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
r, Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
June 16, 2021
Agenda Item Number: S.7
Agenda Item Summary #3373
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 John David Hawver for $12,000.00
for public art at the new Plantation Key Courthouse and Detention Center project recommended by
the Art in Public Places (AIPP) Selection 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. The new Plantation Key Courthouse and Detention
Center is nearing completion. A Request for Proposals (RFP) was advertised and twenty-two (22)
applicants submitted proposals. The AIPP Committee and non-voting stakeholders met on May 27,
2021, as the Selection Committee, and seven (7) artists are recommended for approval. Based on
responses submitted to the RFP on May 20, 2021. the AIPP Committee selected John David Hawver
to provide public artwork for the new Plantation Key Courthouse and Detention Center. The artwork
will consist of one acrylic painting on canvas measuring approximately 7' x 4'8". The artwork will
hang on the second floor lobby wall opposite the elevators. The contract amount is for $12,000.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval of Contract
DOCUMENTATION:
Contract J.D. Hawver—AIPP PK Cths_signed
FINANCIAL IMPACT:
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S.7
Effective Date: 6/16/2021
Expiration Date: Ninety(90) days after issuance of Notice to Proceed.
Total Dollar Value of Contract: $12,000.00
Total Cost to County: $12,000.00
Current Year Portion: $12,000.00
Budgeted: Yes
Source of Funds: 314-26008-560620-CP1503
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
06/16/21 314-26008 CAPITAL OUTLAY BUILDING $12,000.00
CP1503
REVIEWED BY:
Cary Knight Completed 06/08/2021 4:16 PM
Patricia Eables Completed 06/08/2021 4:50 PM
Purchasing Completed 06/08/2021 4:53 PM
Budget and Finance Completed 06/08/2021 4:57 PM
Maria Slavik Completed 06/08/2021 4:58 PM
Liz Yongue Completed 06/08/2021 5:22 PM
Board of County Commissioners Pending 06/16/2021 9:00 AM
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Monroe County Art in Public Places Award Agreement
Plantation Key Courthouse and Detention Center
This AGREEMENT dated the 16th day of June_2021, is entered into by and between the .�
BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter
"County"/"BOCC", whose address is 1 100 Simonton Street, Key West, Florida 33040,and JOHN
DAVID HAWVER, hereinafter "Artist"/"Contractor'', whose address is 132 Coconut Lane,
Islamorada, Florida 33036.
WHEREAS, the Monroe County BOCC recognizes the extent of cultural resources
available in the county for development, prornotion, 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
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Art in Public Places; and
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WHEREAS, the Art in Public Places Ordinance No. 022-2001 (AIPP Ordinance), codified
at Monroe County Code §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 c
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 Plantation Key Courthouse and Detention Center project, Plantation Key, Monroe'
County, Florida,to prornote 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, MCC §2-233, and a Request for
Proposals, the Artist was selected by the AIPP Committee to provide public artwork for this a-
location; and <Ci
WHEREAS,the Artist wishes to create a unique piece of artwork to be installed in a public
space inside and/or outside the Plantation Key Courthouse and Detention Center in Monroe s
County, Florida ("Project"); and
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WHEREAS,the Artist and County wish to undertake the obligations expressed herein;
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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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I. AGREEMENT PERIOD: This Agreement shall be effective on the date that this contract
has been approved by the BOCC and is signed by both parties. The term of the Agreement
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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 13 and 14 below. All work for which AIPP funds are to be expended must s
be completed by the stated termination date.
2. SCOPE OF SERVICES: The Artist shall perform all services, and provide and furnish all
supplies, materials, and equipment as necessary for transportation, creation, and 0
installation of artwork as follows:
a.
ONE(1)ORIGINAL ACRYLIC PAINTING ON CANVAS,TITLED, GOOD MORNING
ISLAMORADA FOR THE SECOND FLOOR LOBBY WALL OPPOSITE THE �
ELEVATORS. MEASURING APPROXIMATELY 7' X 4W. THE PAINTING IS c
INSPIRED BY THE BEAUTY OF THE FLORIDA KEYS NATURAL
ENVIRONMENT. SEE THE PROPOSED SKETCH OF THE PAINTING ATTACHED cj
HERETO AS EXHIBIT ``A"AND MADE A PART HEREOF.
Services shall be performed in a professional manner and in strict compliance with all terms
and conditions in this Agreement. 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 Plantation Key Courthouse and Detention Center personnel or any construction
staff.
3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount
not to exceed Twelve Thousand and 00/100 (512,000.00) Dollars for the final approved
materials and services used to create and install 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 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 CL
documentation to satisfy the Clerk that the appropriate phase has been completed, a-
payment shall be made for the following phases at the referenced rates: eti
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, Sec. 1 12.061, or as described
in 2) a below: �ej
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
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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 s
beyond 8 p.m. for$30.00.
A State of Florida Voucher for Reimbursement of Travel Expenses is
attached hereto as Exhibit"B" and made a part of this contract.
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3) Completion: 33.3% final payment due when installation is deemed complete and
contractual agreement specifications are verified by the Monroe County aa-
Project Management Department or designee.
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Eligible costs and expenditures for the project and the total award include, but are not limited to: 0
A. Artist's design fee. e
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).
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).
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H. Legal costs directly related to the project. v�
I. Liability insurance costs of Artist.
Payment shall be made upon presentation of an original invoice and documentation
necessary to support the completion of the work. With each request for payment,the Artist 2)
shall submit a minimum of six(6)photographs of the Artwork and a written brief summary
on the progress of the work. The Artist shall submit to the County invoices with supporting
documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules, and regulations as may CL
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govern the Clerk's disbursal of funds. Artist shall also provide release of liens if a.
applicable. eti
Final payment request must be submitted no later than sixty (60)days after the completion
of the project. s
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4. TAXES: Should any state or federal sales, use, or excise taxes, or similar charges relatingi
to the services and materials under this Agreement become due, such taxes shall be paid
by the Artist in a timely fashion.
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5. 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
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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 s
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 0
authors/artists.
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6. RECORDS: The Artist shall keep such records as are necessary to document performance
of the Agreement for ten (10) years and give access to these records at the request of the
County,the State of Florida, or authorized agents and representatives of said governmental 0
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 0
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.
Right to Audit
Availabilit3�of Records. The records of the parties to this Agreement relating to the Project, �-
which shall include but not be limited to accounting records(hard copy,as well as computer
readable data if it can be made available, subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); .n
original estimates, estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as Chi
"County Clerk")to substantiate charges related to this agreement,and all other agreements,
sources of information and matters that may in County's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations under CL
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or covered by any contract document (all foregoing hereinafter referred to as "Records") 2:
shall be open to inspection and subject to audit and/or reproduction by County's eti
representative and/or agents or the County Clerk. County or County Clerk may also
conduct verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead s
computations. observing vendor and supplier payments, miscellaneous allocations, special �?
charges, verifying information and amounts through interviews and written confirmationsi
with employees. Subcontractors, suppliers, and contractors representatives. All records
shall be kept for ten (10) years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of Records, assets, and activities to
relating to this Project. If any auditor employed by the Monroe County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for E
purposes not authorized by this Agreement, the Contractor shall repay the monies together
with interest calculated pursuant to Section 55.03, F.S., running form the date the monies
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were paid to Contractor. The right to audit provisions survives the termination of expiration
of this Agreement. ,
7. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of
this Agreement or any changes in the design of the artwork shall be only amended in
writing and approved by the BOCC. Extensions of time, as requested by either party, to
complete any terms or conditions of this Agreement must be made in writing and must be
approved by the BOCC, which said consent shall not be unreasonably withheld. 0
8. INDEPENDENT CONTRACTOR: At all times and for all purposes hereunder, the Artist CL
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 c
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. 0
9. 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 e!-
immediately upon delivery of written notice of termination to the Artist.
10. HOLD HARM LESSIINDEMNIFICATION: The Artist hereby agrees to indemnify and
hold harmless the BOCC, Florida Keys Council of the Arts.AIPP Committee and Monroe 5:
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 ate.
the investigation arising as a result of any suit, action, or claim related to this Agreement. CL
This indemnification shall survive the termination or expiration of this Agreement. <Ci
11. 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 s
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 e
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 C
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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 u
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 s
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 0
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 aa-
Code Chapter 14,Article I1, which prohibits discrimination on the basis of race, color, sex.
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; I I) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement. �
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12. 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 Es
membership. For breach or violation of this warranty, the County shall have the right to
annul this Agreement without liability or, in its discretion, to deduct from the agreement e!-
price or consideration, the full amount of such commission, percentage, brokerage or
contingent fee.
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13. 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 CL
any services or goods provided by Artist after Artist has received written notice of CL
termination. et
For Contracts of any amount, if the County determines that the Contractor/Consuhant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been s
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of
Israel,the County shall have the option of(1)terminating the Agreement after it has given
the Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes,or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes,are met. to
14. TERMINATION FOR BREACH: The County may immediately terminate this Agreement
for any breach of the terms contained herein. Such termination shall take place
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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 u
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 s
other conditions.
15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and
understanding of the parties hereto with respect to the subject matter hereof and supersedes 0
any and all prior agreements with respect to such subject matter between the County and
the Artist. a-
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16. GOVERNING LAW, INTERPRETATION, AND CONSENT TO JURISDICTION: This
Agreement, its performance, and all disputes arising hereunder, shall be governed by the 0
laws of the State of Florida, and both parties agree that the proper venue for any actions
shall be in Monroe County. The County and Artist agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between them the issue shall
be submitted to mediation prior to the institution of any other administrative or legal
proceeding.
17. 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 subject to the prohibition e!-
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.
18. 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, proposal. or reply on an agreement to provide any goods or services to a public entity.> �
may not submit a bid, proposal, or reply on an agreement with a public entity for the CL
construction or repair of a public building or public work, may not submit bids on leases aa-
of real property to public entity, may not be awarded or perform work as a contractor, eti
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
Fla. Stat.. Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months s
from the date of being placed on the convicted vendor list. Artist represents that Artist is
not on the Convicted Vendor list.
19. 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 is
the Artist below is authorized to contract Artist's services. County warrants that it has all
required authority to enter into this Agreement and to be bound by the terms hereof.
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20. 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 u
required licenses and permits whether Federal, State, County, or City.
21. 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 0
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 a-
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, 0
material change or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer. e
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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 "Certificate Holder" and "`Additional Insured" on all policies except worker's e!-
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:
1. Workers' Compensation if, and as required by Florida Statutes. If the Artist has no
employees as defined by Florida Statutes and Regulations, the Artist shall submit a letter
stating that he or she is exempt from this requirement.
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2. General Liability Insurance. Coverage shall be maintained throughout the life of _
the contract and include, as a minimum: eti
• Premises Operations
• Products and Completed Operations s
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
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The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL) E
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If coverage is provided on a Claims Made policy, its provisions should include coverage
for claims filed on or after the effective date of this contract. In addition, the period for ,
which claims may be reported should extend for a minimum of twelve (12) months
following the acceptance of work by the County. s
22. UNCONTROLLABLE CIRCUMSTANCE/FORCE MAJEURE: Any delav or failure of
either Party to perform its obligations under this Agreement will be excused to the extent
that the delav or failure was caused directly by an event beyond such Party's control,
without such Party's fault or ne,li,yence and that by its nature Could not have been foreseen
by such Party or, if it could have been foreseen,was unavoidable: (a)acts of God;(b)flood, a-
fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the
geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or
not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project;
(d) government order or law in the geographic area of the Project; (e) actions, embargoes,
or blockades in effect on or after the date of this Agreement;(f)action by any governmental :5
authority prohibiting work in the ileouaphic area of the Proiect;(each, a "Uncontrollable
Circumstance"). Artist's financial inability to perform, changes in cost or availability of
materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Artist under this Section. Artist shall live Countv
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written notice within seven (7) days of any event or circumstance that is reasonably likely
to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Artist shall use all diluent efforts to end the Uncontrollable
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Circumstance, ensure that the effects of anv Uncontrollable Circumstance are minimized
and resume full performance under this Aueernent. The Countv will not pay additional
cost as a result of an Uncontrollable Circumstance. The Artist may only seek a no cost
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Change Order for such reasonable time as the County's Representative may determine.
23. DEATH OR INCAPACITY: If the Artist becomes unable to complete this Agreement
due to death or incapacity, such death or incapacity will not be deemed a breach of this
Agreement or a default on the part of the Artist for the purpose of Paragraphs 13 or 14,
Termination. However, nothing in this paragraph shall obligate the County to accept the
artwork for this Project.
In the event of incapacity,the Artist shall assign the Artist's oblizations and services under CL
this Agreement to another artist provided that the County, in its sole discretion, approves CL
of the new artist. Alternatively,the Countv may elect to terminate this Agreement. Should
the Countv terminate this Agreement, the Artist shall retain all rights he or she is entitled i
to under this Agreement. The artwork and any reproductions thereof shall contain a credit >
to the Artist and any copyright notice, if applicable.
In the event of death, this Agreement shall terminate effective the date of death. Should
the Agreement terminate due to the Artist's death, the Artist's heirs shall retain all rightsi
under this Agreement to which the Artist would have been entitled thereto.
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24. PUBLIC RECORDS COMPLIANCE: Contractor must comply with Florida public
records laws, including but not limited to Chapter 119. Florida Statutes, and Section 24 of
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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 �
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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 s
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 attorneys fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract. 0
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision. a-
Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract, the
Contractor is required to:
0
(1) Keep and maintain public records that would be required by the County to perform
the service. 0
(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 e
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 r,
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 �i
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. CL
CL
All records stored electronically must be provided to the County, upon request from the 2:
County's custodian of records, in a format that is compatible with the information eti
technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be s
made directly to the County, but if the County does not possess the requested records, the ci
County shall immediately notify the Contractor of the request, and the Contractor musts
provide the records to the County or allow the records to be inspected or copied within a 2
reasonable time.
0
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
10
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S.7.a
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.
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. �
0
n
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE '
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE a-
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-BRIANAMONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12"" Street, SUITE 408, KEY
WEST, FL 33040.
25. 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. r,
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. The .2
Artist shall take such measures as are reasonably necessary to protect the artwork from loss >
or damage.
26. NOTICE: Any notice or correspondence 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 is deemed received by Artist when hand
delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt CL
or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the e-
a.
following addresses: et
For Artist: For County: >
Florida Keys Council of the Arts
John David Hawver 1100 Simonton Street, Suite 2-263
132 Coconut Lane Key West, FL 33040
Islamorada, FL 33036
and c
U
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041
11
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S.7.a
27. WARRANTIES OF QUALITY AND CONDITION: Artist represents and warrants that
all work will be performed in accordance with professional standards and the artwork, as u
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 s
will not require procedures substantially in excess of those described in the Artist's
maintenance recommendations manual or proposal. The Artist represents and warrants that
the artwork and the materials used are not currently known to be harmful to public health
and safety. The warranties described in this Article shall survive for a period of five (5) 0
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 aa-
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. 0
28. REPAIRS AND RESTORATION: The County reserves the right to determine when and e
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.
29. SEVERABILITY: If any term, covenant, condition or provision of this Agreement(or the
application thereof to any circumstance or person) shall be declared invalid or e!-
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and
c
each remaining term, covenant, condition and provision of this Agreement shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement of
the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The County and
Contractor agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
30. ATTORNEY FEES AND COSTS: The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative a-
to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled aa-
to reasonable attorney's fees and court costs as an award against the non-prevailing party, eti
and shall include attorney's fees and courts costs in appellate proceedings.
31. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns. i
32. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: County and Contractor agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer %�
sessions between representatives of each of the parties. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such
E
relief or remedy as may be provided by this Agreement or by Florida law. This Agreement
is not subject to arbitration. This provision does not negate or waive the provisions of
paragraphs 13 and 14 of this Agreement concerning termination.
12
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S.7.a
33. COOPERATION: In the event any administrative or legal proceeding is instituted against u
either party relating to the formation,execution,performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all s
proceedings, hearings, processes, meetings, and other activities related to the substance of
>
this Agreement or provision of the services under this Agreement. County and Contractor
specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement. 0
34. CODE OF ETHICS: County agrees that officers and employees of the County recognize a-
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313. Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized 0
compensation; misuse of public position, conflicting employment or contractual
relationship, and disclosure or use of certain information. e
35. NO SOLICITATION/PAYMENT: The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid Es
or agreed to pay any person. company, corporation, individual, or firm, other than a bona
fide employee working solely for it, any fee commission percentage, gif or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
36. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec.768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the e'
County be required to contain any provision for waiver.
e(
37. ATTESTATIONS: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
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38. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
m
39. SECTION HEADINGS: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not
13
Packet Pg. 2868
S.7.a
a part of this Agreement and will not be used in the interpretation of any provision of this
Agreement. ,
40. AGREEMENTS WITH SUBCONTRACTORS: In the event that the Contractor
subcontracts any or all of the work in this Project to any third party, the Contractor
specifically agrees to identify the County as an additional insured on all insurance policies
required by the County. In addition, the Contractor specifically agrees that all agreements
or contracts of any nature with his subcontractors shall include the County as additional 0
insured.
CL
41. E-VERIFY SYSTEM: Beginning January 1, 2021, in accordance with Fla. Stat., Sec.
448.095, if applicable, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of the �
Contract and shall expressly require any subcontractors performing work or providing ej
services pursuant to the Contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the work authorization status of all new employees
hired by the subcontractor during the Contract term. Any subcontractor shall provide an
affidavit stating that the subcontractor does not employ, contract with, or subcontract with
an unauthorized alien. The Contractor shall comply with and be subject to the provisions
of Fla. Stat.. Sec. 448.095.
42. CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed more
strictly against one party than against another merely by virtual of the fact that it may have
been prepared by one of the parties, it being acknowledged that both the Artist and the
County have substantially and materially contributed to the preparation thereof. .�
43. AFFIDAVIT OF NO LIENS: The Artist and the County certify that there are no liens
against the artwork entitled"Good Morning Islamorada," designed by Artist,nor will there
be at the completion of this Project.
44. ENUMERATION OF CONTRACT DOCUMENTS: The Contract Documents,except for
Modifications or Amendments issued after execution of this Agreement, are enumerated a-
as the Request for Proposals,the Addenda,if any,Artist Application,Artist design,models, eti
and specifications of the artwork and budget, Artist's insurance. and this Agreement
executed between the Artist and Owner, along with all executed Monroe County applicable
forms. _
45. FURTHER ASSURANCES: The patties shall promptly execute all documents reasonably �.
i
required and take such other steps in addition to the execution of this Agreement to
effectuate the intent and purpose of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
14
Packet Pg. 2869
S.7.a
IN WITNESS THEREOF,the parties hereto have caused this Monroe County Art in Public Places
Award Agreement to be executed on the day and date first above written.
Execution by the Artist must be by a person with authority to bind the entity. Signature of the s
person executing the document must be notarized and witnessed b p g y another officer of the �
entity, or by two (2) other witnesses.
0
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(SEAL) BOARD OF COUNTY COMMISSIONERS '
CL
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman e
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WITNESSES- ARTIST:
JOHN AVID HAWVER
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Signature Yignature
a.
0 DATE:
Print Name e
DATE: 014e - `7 - Zo 2. 6 v�
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Signature _
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Print Name
DATE: _
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STATE OF t-- t h-a COUNTY OF
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On this day of rc 2021, before me, the undersigned notary
public, by means of 9 physical presence or ❑ online, personally appeared >
7361 sty 4"Vrt-L , known to me to be the person whose name is subscribed above or
who produced r;v*v-U as identification,and acknowledged that he/she is the person
who executed the above contract with Monroe County for the artwork at the Plantation Key
Courthouse a Detention Center for the purposes therein contained.
otary P I' My Commission Expires: 0
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(SEAL) "POB,. EDGAR MOSCOSO
Notary Public State of Florida e(
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Packet Pg. 2870
S.7.a
EXHIBIT cc
ARTIST'S PROPOSED SKETCH
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S.7.a
Artists' Proposed Sketch
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Painting 6:` ood doming Islamor a`f 7'x ' "( t ,.DW C]
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EXHIBIT 661399
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State of Florida Voucher for Reimbursement of Travel ExpensesCL
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S.7.a
EXHIBIT GG "
Monroe County Applicable Forms
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20
Packet Pg. 2875
S.7.a
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
CL
(Company)
"...warrants that he/it 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. 010- c
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-
1990. For breach or violation of this provision the County may, in its discretion, terminate c
this Agreement without liability and may also, in 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 County officer or employee." c
'7
("nature)
nature)
Date: � � a
STATE OF: v
COUNTY OF: yi
Subscribed and sworn to (or affirmed) before me, by means of Mphysical presence or
❑ online notarization, on y q .e���
(date) by q�4,�j ► -f (name of affiant). He/She is
personally known to me or has produced (type of
identification) as identification.
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National Notary Assn.
My Commission Expires: <
21
Packet Pg. 2876
S.7.a
NON-COLLUSION AFFIDAVIT
I, , I(Q G -ef the city of , . according to
law on my oath, and under penalty of perjury, depose and say that
a. I am of the firm
of the bidder
making the Proposal fo the project described in the Request far Proposals o
far L ( and that I executed
the said proposal with full', ithority to do so; CL
_
b. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or
with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this
bid have not been knowingly disclosed by the bidder and will not knowingly
be disclosed by the bidder prior to bid opening, directly or indirectly, to any
other bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any
other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition;
e. the statements contained in this affidavit are true and correct, and made
with full knowledge that Monroe County relies upon the truth of the
statements contained in this affidavit in awarding contracts for said project.
(Signature) Ni
Date: CL
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STATE OF: l-
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COUNTY OF: �i
Subscribed and sworn to (or affirmed) before me, by means of Erphysical presence or ❑ online
notarization, on A- f (date) by
(name of affiant). He/She is personally known to me or ed
` c e�► S -e (t e o ident" ation) as identification.
NOTARY PUBLIC
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Packet Pg. 2877
S.7.a
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business) —�
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace c
and specifying the actions that will be taken against employees for violations of such
prohibition. CL
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1). ca
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or polo 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. W
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
( ature) CL
W /r /
Date:
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STATE OF: F' t
COUNTY OF: tts
Subscribed and sworn to (or affirmed) before me, by means of ph 'cal presence or ❑ online
notarization, on tt `� (date) by
Ui�3 ` t -f (name He/ he is personally known to
me or has produced t�r �� r (type of identification) as
identification.
ZOTARY PUBLIC
EDGARMOSCOSO
Notary Public-1,rate o;Florida My Commission Expires: — �-
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* My Comrn.Expires Aug 27,2022
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23
Packet Pg. 2878
S.7.a
LICENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a
CONTRACTOR, supplier, subcontractor, or 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, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
M
1 have read the above and state that neither F ��/I "' espondent's e
name) nor any Affiliate has been placed on the convicted vendor list within the last 36
months.
fr
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104� ("/Z/9`�
(Sij ature)
Date:
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STATE OF:
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COUNTY OF:
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Subscribed and sworn to (or affirmed) before me, by means of Zphysical presence or ❑ y
online notarization, on o O e (date) by
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® U�� J f (name of affiant). He/She is personally CL
known to me or has produced T--L-fq v4-e w (type of
identification) as identification. >
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p" Con uui� -,213156
TARY PUBLIC
��e0� MY Comm. Expire "rS 27,2022
E Bonded thraJgF�Nation- :pry t5 t Commission Expires: a- 7� x Z- 0
24
Packet Pg. 2879
S.7.a
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN: �,�
Vendor's Authorized Representative Name and Title:
Address: ��,� ,�/tCL
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City: State: $ Zip: j
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Phone Number: ::� c; r
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Email Address: . eS -FRL,) L- �
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 e
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, E
Florida Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, 1 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 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 falseCL
certification may subject company to civil penalties, attorney's fees, and/or costs. I further e-
understand that any contract with the County may be terminated, at the option of the County, if eti
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 s
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is
authorized to sign on behalf of the above referenced c
Authorized Signature: � � �'f 0
Print Name:
Title:
m
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convi
cted suspended discriminatory complaints vendor lists
25
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