Loading...
Agreement 07/21/2021 / °` `', Kevin Madok, CPA ti °ij� r!!�'<� Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: July 28,2021 TO: Breanne Erickson Project Management FROM: Sally M. Abrams, D.C. SUBJECT: July 21' BOCC Meeting Attached, for your handling, is an electronic copy of item C18, Contract with Christian Eckart, for $53,000.00 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). Should you have any questions,please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33071 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Monroe County Art in Public Places Award A reeme t Plantation Key Courthouse and Detention Center This AGREEMENT dated the 21 st day of July., 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 CHRISTIAN ECKART, hereinafter "Artist"/"Contractor", whose address is 5215 Chenevert Street, Houston , Texas 77004. WHEREAS, the Monroe County BOCC recognizes the extent of cu tural resources available in the county for development, promotion, and enjoyment of the arts. I is the intent of the BOCC to enrich culturally and benefit the citizens of this county through the establishment of Art in Public Places; and WHEREAS, the Art in Public Places Ordinance No. 022-2001 (AIPP Ordi ance),codified at Monroe County Code §2-233, authorizes the allocation of one percent (1%) f 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 Co mittee (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 promote understanding and awareness of the visual arts and to nrich 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 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 County, Florida ("Project"); and WHEREAS, the Artist and County wish to undertake the obligations expressed herein; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein,the parties have entered into this Agreement on the terms and conditions as set forth below: 1. AGREEMENT PERIOD: This Agreement shall be effective on the date t lat this contract has been approved by the BOCC and is signed by both parties. The term o the Agreement 1 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 provid and furnish all supplies, materials, and equipment as necessary for transportation, creation, and installation of artwork as follows: ONE 1 ORIGINAL ARTWORK MEASURING APPROXIMATELY WO 2 FEET HIGH x TWENTY 20 FEET WIDE x EIGHT 8 INCHES DEEP. MA RIALS USED TO CREATE ARTWORK ARE DICHROIC GLASS WITH ANONDIZE ALUMINUM ARMATURE AND EXTRUSIONS STAINLESS STEEL COMPONEN S.THE WORK IS MADE OF 12 x 12 MODULES WITH THE GLASS IN FOUR 4 O IENTATIONS. THE PROPOSED ARTOWRK WILL BE TITLED "HORIZON EVEN " AND WILL BRING COLOR AND CALM TO THE JURY ASSEMBLY ROOM MAIN WALL IN THE COURTHOUSE AS THE INTERPLAY OF LIGHT WILL BE EVE RCHANGING. SEE THE PROPOSED SKETCH OF THE ARTWORK 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 staff. 3. AMOUNT OF AGREEMENT AND PAYMENT: The County shall provide an amount not to exceed Fifty-Three Thousand and 00/100 53 000.00 Dolla s for the final approved materials and services used to create and install the project. The I loard of County Commissioners assumes no liability to fund this agreement for an amount n excess of this award. Monroe County's performance and obligation to pay under t 's agreement is contingent upon an annual appropriation by the BOCC. Pursuant to Florida's Prompt Payment Act, upon receipt by County of an Invoice for each of three (3) phases and documentation to satisfy the Clerk that the appropriate phase has been completed, payment shall be made for the following phases at the referenced rates: 1) Design Phase: 33.3%of total payment; 2) Materials: 33.3% of total when Artist submits receipts for materials arid 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 escribed in 2) (a) below: 2 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 Vou er. If Artist is in a vehicle, mileage must be reported on the Voucher. Mileage is reimbursable at $0.53 cents per mile. Meals are to be reported as follows: Breakfast—when travel begins before 6 a.m. and extends beyond 8 a.m. for $10.00; Lunch —when travel begins before 12 noon and a tends beyond 2 p.m. for$15.00; and Dinner—when travel begins before 6 p.m. and extends beyond 8 p.m. for$30.00. A State of Florida Voucher for Reimbursement of Tra-vel Expenses is attached hereto as Exhibit "B" and made a part of this cont act. 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. Elijzible costs and expenditures for the project and the total award include but are not limited to: A. Artist's design fee. B. Labor, materials, and contracted services required for production aid installation. C. Artist's operating expenses related to the project. D. Travel related to this project, pursuant to statutory limitati ns (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). H. Legal costs directly related to the project. 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 generally accepted accounting principles and such laws, rules, and regulations as may 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 aftei the completion of the project. 4. TAXES: Should any state or federal sales, use, or excise taxes, or similar zharges relating to the services and materials under this Agreement become due, such taxes shall be paid by the Artist in a timely fashion. 3 5. OWNERSHIP and RIGHTS: Upon the installation of the artwork and a eptance by the County,the County shall own the artwork and title to the artwork shall pass to the County. This Article 5 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 reloc ted, 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 presen tion involving lighting and placement is not prohibited modification or considered alter tion, distortion, or mutilation of the artwork. Artist agrees that the County as owner of the building and/or property that includes the artwork may, without the consent or permission of the Artist, make or authorize the making of alterations and/or destruction of such building and/or property. Artist agrees that where the artwork may be created or conceived in any fashion by more than one author, the Artist's signature and waiver binds the entire group of authors/artists. 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 tf e request of the County,the State of Florida, or authorized agents and representatives of sa d governmental bodies. The Artist understands that it shall be responsible for repaymert of any and all audit exceptions which are identified by the Auditor General for the Stat of Florida, the Clerk of Court for Monroe County, the Board of County Commissiorers for Monroe County,or their agents and representatives.For Public Records requiremer ts see paragraph 24 below. Right to Audit Availability 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 Nvell 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.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs nd supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary Ey 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 o her 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 o ligations under or covered by any contract document (all foregoing hereinafter referred tD as "Records") shall be open to inspection and subject to audit and/or reproducti by County's representative and/or agents or the County Clerk. County or County Jerk 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 computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and writt n confirmations with employees, Subcontractors, suppliers, and contractors representati es. All records shall be kept for ten (10) years after Final Completion of the Project. T1 e County Clerk 4 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 nonies 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 survive the terminate n 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 wilhheld. 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 beemployees of the Board of County Commissioners of Monroe County, and they shall be en itled to none of 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 effe t 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. 10. HOLD HARMLESS/INDEMNIFICATION: The Artist hereby agrees tc indemnify and hold harmless the BOCC, Florida Keys Council of the Arts, AIPP Commiitee and Monroe County and any of their officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements, or judgments arising directly or indirectly under this Agreement. The Artist shall immediately give notice to the County of any suit,claim,or action made against the County that is related to the activity under this Agreement, and will cooperate wi h the County in the investigation arising as a result of any suit, action, or claim related to is Agreement. This indemnification shall survive the termination or expiration of this Agreement. 11. NONDISCRIMINATION. Artist and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determinate n 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 late of the court order. Artist or County agrees to comply with all Federal and Florida statu es, 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 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) hich prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcoho 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 ousing; 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 lI, which prohibits discrimination on the basis of race,color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 1 1) 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 f6i a commission, percentage, brokerage or contingent fee, and that no employee or officer o the County has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion, to deduct fro i the agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 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 die terms herein. In the event that funds cannot be continued at a level sufficient to allow I he continuation of this Agreement pursuant to the terms specified herein, this Agreem t may then be terminated immediately by written notice of termination delivered in person or by mail to Artist. The County may terminate this Agreement without cause upon giving ninety (90) days written notice of termination to Artist. The County shall not be obligated to pay for any services or goods provided by Artist after Artist has received itten notice of termination. For Contracts of any amount, if the County determines that the Contracto /Consultant has submitted a false certification under Section 287.135(5), Florida Statu es or has been placed on the Scrutinized Companies that Boycott Israel List, or is engage 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 287.1 5(5)(a), Florida 6 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 sliall 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 t ie County from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. 15. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter hereo and supersedes any and all prior agreements with respect to such subject matter between the County and the Artist. 16. GOVERNING LAW, INTERPRETATION, AND CONSENT TO JURIS ICTION: This Agreement, its performance, and all disputes arising hereunder, shall be groverned 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 eveiit 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 admini trative 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 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 provi ion 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 construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Fla. Stat., Section 287.017, for CATEGORY TWO for a period of thirty- ix (36) months 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 7 the Artist below is authorized to contract Artist's services. County warrarts that it has all required authority to enter into this Agreement and to be bound by the terr is 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 exp nse a liability insurance policy which will insure and indemnify the Artist and the County from any suits, claims or actions brought by any person or persons and from all costs and expenses occurring during the Agreement or thereafter that results from performance by Artist of the obligations set forth in this Agreement. At all times during the term of the greement and for one (1) year after acceptance of the project, unless the requirement is waived by the Monroe County Risk Manager,Artist shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. All insurance policies must specify that they are not subject to cancellatio , non-renewal, material change or reduction in coverage unless a minimum of thirty 30) days prior notification is given to the County by the insurer. Acceptance and/or approval of Artist's insurance shall not be construed as relieving Artist from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Certificate Holder" and "Additional Insured" on all policies xcept worker's compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County form titled "Request for Waiver of Insurance Requirements" and must be approved by Monroe County Risk Management. The following coverages shall be provided prior to commencement of work governed by this contract: 1. Workers' Compensation if,and as required by Florida Statutes. If the Artist has no employees as defined by Florida Statutes and Regulations, the Artist shal submit a letter 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 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 additio , 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: Any d lay or failure of either Party to perform its obligations under this Agreement will be excu ed to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not haN e been foreseen by such Party or, if it could have been foreseen,was unavoidable: (a)acts o God; (b)flood, fire, earthquake, explosion, tropical storm, hurricane or other declared et lergency in the geographic area of the Project; (c) war, invasion, hostilities (whether we r is declared or not), terrorist threats or acts,riot, or other civil unrest in the geographic arc 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 ar y governmental authority prohibiting work in the geographic area of the Project;(each, a 'Uncontrollable Circumstance"). Artist's financial inability to perform, changes in cost o availability of materials, components, or services, market conditions, or supplier acti ns or contract disputes will not excuse performance by Artist under this Section. Artists all give County 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 diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will no pay additional cost as a result of an Uncontrollable Circumstance. The Artist may onl seek a no cost Change Order for such reasonable time as the County's Representative m y 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 breach of this Agreement or a default on the part of the Artist for the purpose of Para raphs 13 or 14, Termination. However, nothing in this paragraph shall obligate the Cou ty to accept the artwork for this Project. In the event of incapacity,the Artist shall assign the Artist's obligations and services under this Agreement to another artist provided that the County, in its sole discretion, approves of the new artist. Alternatively,the County may elect to terminate this Agreement. Should the County terminate this Agreement, the Artist shall retain all rights he r she is entitled 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 rights under this Agreement to which the Artist would have been entitled thereto. 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 9 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 t e 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 hall be deemed a material breach of this contract and the County may enforce the terms f this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied wit lin a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County a 1 public records in possession of the Contractor or keep and maintain public records that w uld be required by the County to perform the service. If the Contractor transfers all publ c records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon tequest from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. 10 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 oth rwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGAIR DING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTEIS, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHO E# 305-292- 3470 BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street SU11FE 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 paymen has been made. The Artist shall carry insurance sufficient to cover the purchase price o F the artwork to 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 ailwork from loss or damage. 26. NOTICE: Any notice or correspondence required or permitted under this greement 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 f 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 rtist when hand delivered by national courier with proof of delivery or by U.S. Mail upor verified receipt or upon the date of refusal or non-acceptance of delivery. Notice sha 1 be sent to the following addresses: For Artist: For County: Christian Eckart Florida Keys Council of the krts 5215 Chenevert Street 1 100 Simonton Street, Suite -263 Houston, TX. 77004 Key West, FL 33040 11 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 workman ip which cause or accelerate deterioration of the artwork and that reasonable maintenance of the artwork will not require procedures substantially in excess of those described in the Artist's maintenance recommendations manual or proposal. The Artist represents a id 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 s all give written notice to the Artist of any breach of this warranty during the five(5)year period. The Artist shall, at no cost to the County, cure reasonably and promptly the breach of warranty by means of repair, restoration, refurbishing, re-creation, or replacing the amvork. 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. 29. SEVERABILITY: If any term, covenant, condition or provision of this A reement(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 affec ed thereby; and each remaining term, covenant, condition and provision of this Agreeme it 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. he County and Contractor agree to reform the Agreement to replace any stricken provis on 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 a y party relative 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 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 32. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by ineet and confer sessions between representatives of each of the parties. If the issue or is ues 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. his 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 i istituted against either party relating to the formation,execution,performance, or breach of his Agreement, County and Contractor agree to participate, to the extent required by the o her party, in all proceedings, hearings, processes, meetings, and other activities related to 1 he substance of this Agreement or provision of the services under this Agreement. Coun and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 34. CODE OF ETHICS: County agrees that officers and employees of the C unty recognize and will be required to comply with the standards of conduct for pub is officers and employees as delineated in Section 112.313,Florida Statutes, regarding, bit not limited to, 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 t at, in respect to itself, it has neither employed nor retained any company or person, other -,han 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, o her than a bona fide employee working solely for it, any fee, commission, percentag , gift, or other consideration contingent upon or resulting from the award or making of his Agreement. For the breach or violation of the provision, the Contractor agrees that tie 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 Ag ement and the acquisition of any commercial liability insurance coverage, self-insuran e coverage, or local government liability insurance pool coverage shall not be deem d a waiver of 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 me County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 13 38. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent r 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 greement. 39. SECTION HEADINGS: Section headings have been inserted in this greement as a matter of convenience of reference only, and it is agreed that such section eadings are not a part of this Agreement and will not be used in the interpretation of any rovision 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 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 registe with and shall utilize the U.S. Department of Homeland Security's E-Verify system to erify 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 wok or providing 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 ubcontract 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 onstrued more strictly against one party than against another merely by virtual of the fact hat it may have been prepared by one of the parties, it being acknowledged that both th Artist and the County have substantially and materially contributed to the preparation th reof. 43. AFFIDAVIT OF NO LIENS: The Artist and the County certify that there are no liens against the artwork entitled "HORIZON EVENT," designed by Artist, nor will there be at the completion of this Project. 44. ENUMERATION OF CONTRACT DOCUMENTS: The Contract Docu ents, 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 executed between the Artist and Owner,along with all executed Monroe County applicable forms. 14 45. FURTHER ASSURANCES: The parties shall promptly execute all documents reasonably required and take such other steps in addition to the execution of thi Agreement to effectuate the intent and purpose of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 15 IN WITNESS THEREOF,the parties hereto have caused this Monroe County Art n Public Places Award Agreement to be executed on the day and date first above written. L -cution by the Artist must be by a person with authority to bind the entity. S gDature of the e. • • executing the document must be notarized and witnessed by anothe officer of the , : d by two (2)other witnesses. BOARD OF COUNTY CO MISSIONERS (.3 f. : KEVIN MADOK,CLERK OF MONROE CO 3, I : ` ►/I By: _ O .11. '> 4 Deputy Clerk 07.2-1 301 M. or/ airman WITNESSES: I ARTIST: CHRISTIAN ECK ART 691) Signature Signature 4ILLIPtN I, 'V\6S (14RISTIAN CK. : .7 Print Name 4I5 Print Name DATE: 3-1.3/tr 4 20a iDATE: I ' t 6 2 I 2) _ Signature v Print Name `' DATE: { 5 17 STATE OF TC'>R5 COUNTY OF I-)MR10 - -n D _ On this - day of nutty , 2021, before me, the und•rsigned notary public, by means of physical presence or 0 online, perso ally appeared 04 xi 3 T 1(w E c.to t:T , known to me to be the person whose name is sub- ribed above or who produced'(k.aab IIDnn6-0-. as identification,and acknowledged that he/.he 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 Public My Commission Expires: Otutaagbemin:g: Ae ut, i..- tit 6, 9-025— Name (SEAL) MCFICE COUNTY ATTORNEYS OFFICE ODEMWOAIBMtt /)p FOND M_ l ' -/x- Not.. ID Y133087381 Y,rT1.t.�T t�l 16 `:WI• MYG hSbn Expires pAAnh1CLAEAA'a[aETSJ Y.,2025 DA Tp /1`1I IORNEY! EXHIBIT "A" ARTIST'S PROPOSED SKETCH 17 n ..,.fit..;. W 18 . , .. . . _ 19 EXHIBIT "B" State of Florida Voucher for Reimbursement of Travel Ex enses 20 C > mX m 0 �' �' ? m 0 r- x Jo 0 ic M to In t Lr �i 0 * tf C:7, tv in m rr zm Z C 0 � Tr cr (a ri SI A �. C-1 c c- c 21 EXHIBIT "C" Monroe County Applicable Forms 22 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-199 MONROE COUNTY, FLORIDA ETHICS CLAUSE (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- 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 he 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 emp oyee." h I � (Signature) Date: J v 2 0 2 1 STATE OF: TE 5 COUNTY OF: 44m y Ib Subscribed and sworn to (or affirmed) before me, by means of F physical presence or ❑ online notarization, on k4 2 (date) by (, IJ IZ ( S I I A W E C K A 1Z-T (name of affia t). He/She is personally known tome or has produced i r C V- Z (type of identification) as identification. �4'Fr PVS^OEUWAGBEMINIV OGNENEKABO IESUMBE Notary ID#133087381 ^a �� My Commission Expires ports May 6, 2025 1 NOTARY PUBLIC My Commission Expires: cap O ,5 23 NON-COLLUSION AFFIDAVIT I, C W k, I � T 1 4 N t C K4 K7 of the city of W o v s tOt4 -TEXA5 according to law on my oath, and under penalty of perjury, depose and say that a. I am 0 W n t. Y of the firm of eW4LISiIAN Lcicilk - EC kbI'T 5 T 0 D I o the bidder making the Proposal for the project described in the Request for Proposals for A I P P — AA i^ N pp E C o v N-T,' C o u &I N o t15 k and that I executed the said proposal with full authority to do so; b. the prices in this bid have been arrived at independently with cut 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 riot knowingly be disclosed by the bidder prior to bid opening, directly or indi ectly, 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 SLIbmit, 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 affid it in award'Icontr cts for said pr ject. (Signature) Date: J „ l 2 2 I STATE OF: �IcXA-6 COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of 2-*Physical preser ce or❑ online notarization, on n my 1 102 A (date) by C N I S T I N _ G K Q (name of affiant). He/She is personally known to me or has produced Dr?erN 6 2 (type of identification) as i entification. (SEAL) N ARY PUBLIC My Commission Expires: f4ck,j (o 2 0 ,4-- ♦►�Y°�s OEUWAGBEMINM OGHENEKDJESUMBENotary M N133My Commission 24 May 6, 20 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 ill the workplace and specifying the actions that will be taken against employees for vi lations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, thebusiness' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed L pon 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, &e employee will abide by the terms of the statement and will notify the employer of any onviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (FloridaStatutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ✓ r t L (Signature) Date: j f 0 2 STATE OF: COUNTY OF: tRlS Subscribed and sworn to (or affirmed) before me, by means of E--p—hysical presence or ❑ online notarization, on (Cl ate) by 04 k I S ? I k N E ( K 4 R 1 (name of affiant). He/She is personally known to me or has produced D ir ;V e,r Li CA (\6,P— (type of identification) as identification. NOTARY PUBLIC o."Y•�e( OLUWAGBEMINIVIOGHENEKAROJESUMBE Notary ID x133087381 My Commission Expires: ^„ My Commission Expires May 6, 2025 25 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 p blic entity for the construction or repair of a public building or public work, may not submit ids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a cor tract 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 C N I, I S 114 N E G k 1, k I Respondent's name) nor any Affiliate has been placed on the convicted vendor list wit iin the last 36 months. � J I') L I- L (Signature) Date: 4 2 0 2 I STATE OF: Tyy," COUNTY OF: +Wla1� Subscribed and sworn to (or affirmed) before me, by means of 2--P-'h'ysical presence or ❑ online notarization, on Utu �{ 2011 (date) by L N n I S i 14 N I: (- k Q uZ (name of affiant). He/She is personally known to me or has produced i kl t r C2 n 6 -2 (type of identification) as identification. o►" "o,, OLUWAGBEAIINIYI OGNENERAAO JESUWIBE Notary ID#1 3 308 73 81 t My Lommission x May 6, 2025 TARY PUBLIC '�eortt� My Commission Expires: fAai 6 2o2S- 26 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPATSIES LISTS Project Description(s):Monroe County Art In Public Places- Plantation Key Courthous and Detention Center Respondent Vendor Name: Christian Eckart- Eckart Studio Vendor FEIN: 079 72 2392 Vendor's Authorized Representative Name and Title: Christian Eckart-owner Address: 5215 Chenevert Street City: Houston State:Texas Zip: 77004 Phone Number: 713.373.1240 Email Address: eckart.christian@gmail.com 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 or i the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projec s 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 Lis.., or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option cf the County, if the company is found to have submitted a false certification or has been placed or the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed or 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. Certified By: Christian Eckart , who is authorized to sign on behalf of the above referenced com jany. Authorized Signature: V Print Name: Christian Eckart Title:Owner, sole proprietor Note: The List are available at the following Department of Management Service Site: i';L'i 'a�V\\.tv{Illi,lll'� 11OI`lC�<i.Ct)Ill ��U�II1C�� c) �L1'Lillc_)llti �l�ll� �lll'C�l�l�lllt! ��{1Clt)I illC >inl;i'tII�IL�(ill\ I �ti,l �li�i�CliilC�j ��I�CI'II1lUl;llt)1'�- Cillll�l1:11t11� \tll��l)t' �i�l� ie July 4, 2021 Approved 1::Rli k Management Christian Eckart Eckart Studio 5215 Chenevert Street 7 12 2021 Houston, TX 77004 Elizabeth S. Young Executive Director Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 To whom it may concern, I am writing this letter to inform the Florida Keys Council of the Arts as well as all other persons and entities that are party to the Monroe County Art In Public Places — Plantation Key Courthouse and Detention Center project that I carry neither Worker's Compensation Insurance nor any applicable General Liability Insurance in relation to the manufacture and installation of a commissioned artwork. However, the vendors with whom I will work to manufacture and install the artwork will carry such insurances. I am exempt due to the fact that I have less than four (4) employees and have elected not to purchase Worker's Compensation/Employers Liability coverage as permitted by Florida statutes. Therefore I herewith request that the requirement for me to carry any such insurances for purposes of the above-named project be waived. Thank you for your attention and consideration. Christian Eckart v. MONROE COUNTY, FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor/Vendor: Chris Eckart-Eckart Studio Projector Service: Commissioned artwork for Monroe County Art in Public Places -Plantation Key Courthouse &Detention Center Contractor/Vendor Address &Phone #: 5215 Chenevert Street,Houston, TX 77004 713 373-1240 General Scope of Work: Supply and installation of a commissioned artwork entitled "Horizon Event", which is approximately 2'x 20'x 8" overall. Reason for Waiver or Entails only hanging the artwork on the wall of the jury Modification: assembly room. Policies Waiver or Modification will apply to: General Liability Insurance Signature of Contractor/Vendor: ( k 'V I *� � 1 . , L m Date: July 12, 2021 Approved x Not Approved Risk Management Signature: Manua ..... S llavlilk Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: