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Item S09 } S.9 `, 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 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: S.9 Agenda Item Summary #3330 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 Sally Binard for $14,000.00 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 AIP 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 on May 20, 2021, to the RFP, the AIPP Committee selected Sally Binard to provide public artwork for the new Plantation Key Courthouse and Detention Center. The artwork is to be an original oil and acrylic painting on wood combined with pottery and found objects measuring approximately 32" x 72". The artwork will hang in the Clerk of Court's Office over the task customer counter. The contract amount is for $14,000. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Contract DOCUMENTATION: Contract_Sally Binard_AIPP for PK Cths_signed Bid Tabulation Sheet pdf FINANCIAL IMPACT: Packet Pg. 2912 S.9 Effective Date: 6/16/2021 Expiration Date: Ninety(90) days after issuance of Notice to Proceed Total Dollar Value of Contract: $14,000.00 Total Cost to County: $14,000.00 Current Year Portion: $14,000.00 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 $14,000.00 CP1503 REVIEWED BY: Cary Knight Completed 06/08/2021 4:18 PM Patricia Eables Completed 06/08/2021 4:34 PM Purchasing Completed 06/08/2021 4:35 PM Budget and Finance Completed 06/08/2021 4:50 PM Maria Slavik Completed 06/08/2021 4:57 PM Liz Yongue Completed 06/08/2021 5:26 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 2913 S.9.ai 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 1100 Simonton Street, Key West, Florida 33040, and SALLY BINARD, hereinafter"Artist"/"Contractor", whose address is 5455 MacDonald Avenue, Unit No. 20, Key West, Florida 33040. 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 c. �t the BOCC to enrich culturally and benefit the citizens of this county through the establishment of Art in Public Places; and 0 WHEREAS, the Art in Public Places Ordinance No. 022-2001 (AIPP Ordinance), codified 0 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 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 0 County,Florida,to promote understanding and awareness of the visual arts and to enrich the public e environment for residents and visitors; and c' �t i 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 location; and 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 2 County, Florida ("Project"); and 0 WHEREAS, the Artist and County wish to undertake the obligations expressed herein; a 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: 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 1 Packet Pg. 2914 S.9.ai 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 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 installation of artwork as follows: v) ONE(1) ORIGINAL OIL AND ACRYLIC PAINTING ON WOOD COMBINED WITH _ POTTERY AND FOUND OBJECTS,MEASURING APPROXIMATELY 32"x 72"FOR THE WALL (over the task customer counter) IN THE CLERK OF COURT'S OFFICE. THE ARTWORK WILL BE INSTALLED FLUSH ON THE WALL AND WILL BE MULTIMEDIA PAINTED IN BOTH ACRYLIC AND OIL WITH EARTHENWARE � FIRED CLAY AND INLAID. THE THEME OF THE WORK WILL PAY HOMAGE TO THE HISTORY OF AGRICULTURE IN THE KEYS INCLUDING THE HISTORY OF PINEAPPLES AND OTHER FRUITS, ALONG WITH HANDS, IN VARIOUS SKIN TONES, TO HIGHLIGHT THE DIVERSITY OF THE MAJOR FARMING FAMILIES WHO CONTRIBUTED TO THE FLOURISHING INDUSTRY OF THE 1800'S. SEE 2 THE PROPOSED SKETCH OF THE PAINTING ATTACHED 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 0 staff. �t i 3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount not to exceed Fourteen Thousand and 00/100 ($14,000.00)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 2 Payment Act, upon receipt by County of an Invoice for each of three (3) phases and 0 documentation to satisfy the Clerk that the appropriate phase has been completed, payment shall be made for the following phases at the referenced rates: E 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. 112.061, or as described 2 Packet Pg. 2915 S.9.ai 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 CO $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 CL 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. 0 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: c 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 2) paragraph 3, item 2). E. Transportation of the work to the site (see above paragraph 3, item 2). 6 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). 0 H. Legal costs directly related to the project. aa- 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 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 2 generally accepted accounting principles and such laws, rules, and regulations as may 0 govern the Clerk's disbursal of funds. 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. TAXES: Should any state or federal sales, use, or excise taxes, or similar charges relating to the services and materials under this Agreement become due, such taxes shall be paid by the Artist in a timely fashion. 3 Packet Pg. 2916 S.9.ai 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 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 �t 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. 0 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 c 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. i Right to Audit Availability ofRecords. 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 0 CL successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); aa- 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 "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 2 judgment have any bearing on or pertain to any matters, rights, duties or obligations under 0 or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also E conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations 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 4 Packet Pg. 2917 S.9.ai possesses the independent authority to conduct an audit of Records, assets, and activities 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 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 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 a- 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 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 c the rights, privileges, or benefits of employees of Monroe County. 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 immediately upon delivery of written notice of termination to the Artist. c. 10. HOLD HARMLESSANDEMNIFICATION: The Artist hereby agrees to indemnify and 0 hold harmless the BOCC, Florida Keys Council of the Arts, AIPP Committee and Monroe 0. 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 U� 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. This indemnification shall survive the termination or expiration of this Agreement. 11. NONDISCRIMINATION. Artist and County agree that there will be no discrimination E 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 5 Packet Pg. 2918 S.9.ai 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 M 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 a- patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County � Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, is 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. 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 2) membership. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 0 0. 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) U)I days written notice of termination to Artist. The County shall not be obligated to pay for 2 any services or goods provided by Artist after Artist has received written notice of termination. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been 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 6 Packet Pg. 2919 S.9.ai Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 14. 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. CL �t 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. c t� 16. GOVERNING LAW, INTERPRETATION, AND 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. 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. i 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 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 0 may, at its discretion, terminate this Agreement without liability and may also, at its 0. 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 U) bid, proposal, or reply on an agreement to provide any goods or services to a public entity, 2 may not submit a bid, proposal, or reply 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 E 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 from the date of being placed on the convicted vendor list. Artist represents that Artist is not on the Convicted Vendor list. 7 Packet Pg. 2920 S.9.ai 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 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. 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 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, c- a. 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 0 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 c t� 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. 2 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 6 compensation. c. 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 M stating that he or she is exempt from this requirement. 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 8 Packet Pg. 2921 S.9.ai 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 which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 22. UNCONTROLLABLE CIRCUMSTANCE/FORCE MAJEURE: Anv delay or failure of either Partv to perform its obligations under this Agreement will be excused to the extent a- that the delay or failure was caused directly by an event beyond such Partv's control, �t without such Partv's fault or neWi�zence 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, 0 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 0 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 anv governmental authority prohibitinz work in the �zeouaphic area of the Proiect;(each, a "Uncontrollable 2 Circumstance"). Artist's financial inabilitv to perform, chanzes in cost or availabilitv of materials, components, or services, market conditions, or supplier actions or contract T disputes will not excuse performance by Artist under this Section. Artist shall give Countv written notice within seven (7) days of anv 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 Circumstance, ensure that the effects of anv Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The Countv will not pav additional cost as a result of an Uncontrollable Circumstance. The Artist may only seek a no cost Change Order for such reasonable time as the County's Representative may determine. 0 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 obligations and services under U,i this Agreement to another artist provided that the Countv, in its sole discretion, approves of the new artist. Alternativelv,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 c t� to under this Agreement. The artwork and anv 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 rights C under this Agreement to which the Artist would have been entitled thereto. 9 Packet Pg. 2922 S.9.ai 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 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 a- 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 (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. Ni (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. 0 c. (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. 2 All records stored electronically must be provided to the County, upon request from the 0 County's custodian of records, in a format that is compatible with the information technology systems of the County. E (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 10 Packet Pg. 2923 S.9.ai If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. 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 c- �t by law. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE 0 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(a,MONROECOUNTY-FL.GOV, MONROE �-- COUNTY ATTORNEY'S OFFICE, 1111 12TH 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. The Artist shall carry insurance sufficient to cover the purchase price of the artwork to 0 cover risk of loss or damage to the artwork until final acceptance by the County. The 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 art b certified mail return receipt requested, or courier with roof of delivery. The party Y P q � Y P �'� � place of giving Notice shall remain the same as set forth herein until changed in writing in i 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 or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following addresses: For Artist: For County: Sally Binard Florida Keys Council of the Arts 5455 MacDonald Avenue, Unit No.20 1100 Simonton Street, Suite 2-263 Key West, FL 33040 Key West, FL 33040 11 Packet Pg. 2924 S.9.ai and Monroe County Attorney P. O. Box 1026 Key West, FL 33041 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 °� fabricated and installed,will be free from defects in material and workmanship which cause vu 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 CL 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) 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 is 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. c 28. 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. i 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 unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid aa- 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. i 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 0 to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. E 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. 12 Packet Pg. 2925 S.9.ai 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 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. 33. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. � 0 34. CODE OF ETHICS: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,Florida Statutes, regarding, but not limited to 2 solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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 or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 0 For the breach or violation of the provision, the Contractor agrees that the County shall c- have the right to terminate this Agreement without liability and, at its discretion, to offset �i 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 2 local government liability insurance pool coverage shall not be deemed a waiver of 0 immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 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 C Drug-Free Workplace Statement. 13 Packet Pg. 2926 S.9.ai 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. 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 a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 0. 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 insured. 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 services pursuant to the Contract to likewise utilize the U.S. Department of Homeland .2) 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. 0 a. 42. CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed more �i 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, depicting the history of agriculture in the Keys, designed by Artist,nor 2 will there be at the completion of this Project. 0 44. ENUMERATION OF CONTRACT DOCUMENTS: The Contract Documents, except for Modifications or Amendments issued after execution of this Agreement, are enumerated as the Request for Proposals,the Addenda,if any,Artist Application,Artist design,models, and specifications of the artwork and budget, Artist's insurance, and this Agreement C executed between the Artist and Owner, along with all executed Monroe County applicable forms. 14 Packet Pg. 2927 S.9.ai 45. FURTHER ASSURANCES: The parties shall promptly execute all documents reasonably required and take such other steps in addition to the execution of this Agreement to effectuate the intent and purpose of this Agreement. CL 0 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW c i 0 0. i 0 15 Packet Pg. 2928 S.9.ai 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 person executing the document must be notarized and witnessed by another officer of the entity, or by two (2) other witnesses. (SEAL) BOARD OF COUNTY COMMISSIONERS � ATTEST: KEV'IN MADOK, CLERK OF MONROE COUNTY, FLORIDA 0. By: By: As Deputy Clerk Mayor/Chairman 0 WITNESSES: ARTIST: SALL ._c 1 Sig'ature gnature Print Name DATE: — DATE: Si eCL t Print NameCL DATE: �t STATE OFF/'� COUNTY OF On this day of _, 2021, before me, the undersigned notary public, by mean of physical presence or © online, personally appeared fl(,VX, known to me to be the person whose name is subscribed above or i who ro uced l #65H70R?M '30 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 and Detention Center for the purposes therein contained. Notary 1 My Commission Expires: 03 RUBI BEl OTfI MY cOMMiSSfON 06195544 S.MAR 25.2022 NNarrlea Bonded through 1s1 State Insurance FAONWX TY RTT N S IFR E6 Tor 16 A&RSTMT G ATTOMEY DATE: - Packet Pg. 2929 S.9.ai EXHIBIT "A" ARTIST'S PROPOSED SKETCH CL 0 CL 2- 0 CL 17 Packet Pg. 2930 S.9.ai Artists' Proposed Sketch IMAGES VrN t t, 1 G dg � CL ifK CL mmmm mm� --- -- -------- Image 1.Mockup of style and content of proposed artwork.This example Is fairly representative of Options B&C. See Image 2 for two panel sketch. Dimensions:Options B:40'tall x 96'wide/for Option C:36'tall x 84'wide �d9 w I x yt (U >.. , ti. ..,.., F C u u..'. U,' . ..C...,,, E ... �,,c ... .;E,c „y..., E TU ... _._ �. ..... 0 CL CL Packet Pg. 2931 S.9.ai EXHIBIT "B" State of Florida Voucher for Reimbursement of Travel Expenses U) 0 0 i2 CL 2- 0 CL CL 19 Packet Pg. 2932 S.9.ai r 0 IFno � w? m ;u . } ^B ri 3 m tz � — � era } � m CL' Q: CL F L P � " r W °; r 3 .�. r V) y� a g� M cn Fn Fn CL co m CL im, d c"immo ca " s°a i m Ln pd C7� c, CD ca 0 C 20 Packet Pg. 2933 S.9.ai EXHIBIT "C" Monroe County Applicable Forms i2 CL 2- 0 CL CL 21 Packet Pg. 2934 S.9.ai LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE „ (Company) CL 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- 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 this Agreement without liability and may also, in its discretion, deduct from the Agreement U 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." ( ignature) Date: O(a f 0 7 Z 2.p 2 ) y� yy STATE OF: ICt+ CL ca COUNTY OF: Man(&,,0 CL Subscribed and sworn to (or affirmed) before me, by means of.�physical presence or [I online notarization, on J601 2. (date) by I rt C (name of affiant). He/She is personally known to me or has produced (type of 0 identification) as identification. �N� 1ESENIA VALERO y�OMMISSION#H1173ab NOTARY PUBLIC , EXpIRE&July 13,2024 My Commission Expires: 7 13 -aoa l 22 Packet Pg. 2935 S.9.ai NON-COLLUSION AFFIDAVIT I, Y i', No of the city of V WC5E r-L-. according to law on my oath, and under penalty of perjury, depose and say that a. I am 0 L'u"Nic-C of the firm of 5/fLIL Y J'A/ the bidder _ making the Proposal for the project described in the Request for Proposals for?LOINJTf=1660 J kCFq C' Lke:-rJT)uSE and that I executed the said proposal with full authority to do so; , 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 0 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 y� statements contained in this affid in arding is for said project. y ignature) Date: N f 0 YAK STATE OR lOt t X COUNTY OF: Z�fQn( Subscribed and sworn to (or affirmed) before me, by means of,21"physical presence or ❑ online �i y Alt notarization, on ( '�� , )07 (date) b� (name of affiant). He/She is personally known to me or has produced (type o identif' ation) as identification. NOTARY PUBLIC � I'�'�R My co�nrnisstc Y 6 M Commission Expires: ----�-_ EXPIRES:July 13202A 23 Packet Pg. 2936 S.9.ai 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 and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy 0. 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). 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 nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of e any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above CL requirements. 0 CL (Sign ure) ®� Date: C)bZ0-7 t STATE OF: b� COUNTY OF: -n no e_ Subscribed and sworn to (or affirmed) before me, by means ophysical presence or 0 online notarization, on ;110Xf (date) by l ►'� - - (name of affiant). He/She is personally known to me or has produced t 1 V type of identification) as identification. NOTARY PUBLIC IEIENMYCOMM1881ON4HH7376 My Commission Expires: ?/s � �i �u E &duly 13,2024 24 Packet Pg. 2937 S.9.ai PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or 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." I have read the above and state that neither 5ft-LU-11 8`'(' (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (gtc g a ure) Date: br/0 312-0 Z- I -- y� STATE OF: C>(► y COUNTY OF: Y'► ' CL 0 Subscribed and sworn to (or affirmed) before me, by means ophysical presence or ❑ _ online notarization, on Gtvl e, ' r )o>I (date) by e,ti�ti/ 1 i h C%,( (name of affiant). He/She is personally known to me or has produced 1 lD I (type of identification) as identification. 0 �w c, �OMMISSION# �6 NOTARY PUBLIC My� Fy&IRB&July 13,2024 My Commission Expires: �,It, !3 e 25 Packet Pg. 2938 S.9.ai VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): L()-NillOoti Respondent Vendor Name: SOLI Y 4,,J O Vendor FEIN: q g -6 E _ 17 S Vendor's Authorized Representative Name and Title: Address: I' g [ City: State: C zip: GCL CL Phone Number: Email Address: bi l"�Af Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Name"is not listed on the Scrutinized Companies that 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 I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. e Certified By: � ►'Al4►`u-C, ,who is authorized to sign on behalf the above enced company. Authorized Signature: Print Name: Gy c , Title: f flim Note: The Last are available at the following Department of Management Services Site: y<,a='.s�x�'.�e' it`�ru',� .w°�.. ?'ga'f��4`E �, w 4:;:�'. ,/AWN .�"..,.Y�`�. ¢�,r��i�. syKa��...��ma..�,Jt� w'.M.'ud.�,;.•.:;a i����`�"i�....�.#�„ ��'a �a�'31�.'I"i`�'i."'�t�a�"�y cted suspended_discrirninaUgy complaints vendor lists 26 Packet Pg. 2939 S.9.ai 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. ContractorNendor: Sally Y. Binard Project or Service: Plantation Key Courthouse CL CL ContractorNendor Address &Phone 5455 Macdonald Avenue, Unit 20, Key West, FL 33040 (305)360-1021 0 CJ General Scope of Work: Provide mulitmedia painting for Plantation Key Courthouse AIPP depicting agricultural history of the Middle Keys Reason for Waiver or Entails only hanging the painting on the wall CL W Modification: i Policies Waiver or Modification will apply to: Sally Y Binard CL 2- 0 CL CL Signature of ContractorNendor: Date: 06/07/2021 Approved Not Approved Risk Management Signature: � Date: c County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Packet Pg. 2940 (PJ I R" - ddIV asnoqljnooAoM uOlMuBld) jpd 49 y ogejnq p' :4u9ua o 44 r of N CO) Cb a_ m ' ac U N tC a cl tn Z Q � O W a O s u U � � � N U � W ° 0 g Z 4- } a O W Z a L ZW Q W M Z00 N � 2Q J W * L " acne EL s Z W O O (A W a > Q � NN V � 0 W N J N _j p GQm } UFO O cn = QQ Jco {ZW = CO W W o ¢ a aoz a o o .� L W GC (� U — Q U a ox L N O U) a) -a L Z Q O > +' (D �' � N m rn E > Ot cn U cora c ° n- o tn W T >, rp N L o :3 N Q L cn —t7 Z } p E - � '> ¢ o G N � } �j tn p CL s �� IJ— } `}� i o v� o U LL N O Q O (Pa ' R" - ddIV asnoqljnooAoM uOlMuBld) jpd 49 y ogejnq p' :4u9wgo 44 C4 of N CO) Cb a_ m ' ac U N tC a cl tn Z a O W a O s U U � � � N 0 W ° 0 � s Z 4- 0 W Z O L ZW Q W M Z 0 " a (ne EL s Z W O O (A W a Q � NN V � 0 W N J N J O G � co } UFO O cn = Q Q m W 0 coUH � W W o ¢ a aoz a o g- L '>. o W GC � L o O L L Q U a Q -p Q) Q) � L O w ro 3 a� �, o > o Z 5- N C7 m a L oo Cy)z 0 p a� = a —� � U O � � U Q Q L. } � L C Q U C � N U tn N cn Z a' o rn u � N LJ t '> 4 tn 3 s° o y o_CL V W s - J J - 'L m I— `o � o a U LL N o Q V } L � N O m v}im (PJ I R" - ddIV asnoqljnooAoM uOlMuBld) jpd 49 y ogejnq p' :4u9wgoe44 Cl) of N CO) Cb a_ m ' ac U N tC a cl tn Z Q � O W a O s U U � � � N 0 W ° 0 � s Z 4- 0 W Z a L Z W Q W M Z 0 ,Z LU ., GG2Q J W * L " acne EL s Z W O O (A W > Q � NN V � 0 W N J N J O G � co } UFO O cn = Q co Q m W 0 W W o ¢ a aoz a o Q U (lb >, E 0- 4-tn i W aeUj Q U a Q o L � � L O w L L o va v Z Q (j U �i U L co -0 W Cy)w w N >. C -a � 0 O ca a z a� U') �- W a ca L � J `—' ° 0 Q U � cn U L a D Z o } O '> 4 co tn3 s° o y a_ } V 0 CL s m I— `o w o : -0 U LL N >,4 O Q V } O m v}im