12/19/2022 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00
Contract with: Alex Klahm Architectural Id Contract#
Effective Date:
Expiration Date: TBD
Contract Purpose/Description:
Design,fabricate,transport and install Three(3)Replica Oil Butt Containers for the Key West Lighthouse Oil House
to be re-created according to the Original Plans from the Ubrery(if Congress, The work vuill include
embossed letters on the drum and blacksmith-made hardware.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Stan Thompson 05-292-4524 Project Management
(Name) (Ext.) (Department/Stop#)
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
(must be less than$50,000) (If multiyear agreement then
9,000.00 requires BOCC approval unless the
uftflll a lin illi rtikV�ti HO11o110 a IIa flk�nu
000
Budgeted? Yes X❑ No ❑
Grant: $9,000.00 County Match: $0.00
Fund/Cost Center/Spend Category: F117 SC00061 CC77033
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial,salaries,etc.)
Insurance Required: YES 154 NO ❑
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date In
lly signedDepartment Head Yes[:]No X❑ Cary Knight Datlea202301.10Y17 0Cary 02i-05'00' 10-Jan-23
Nwo
County Attorney Yes❑No❑X Joseph X. DiNovo Digitally 1.by Joseph X.5'00'
Date:2023.01.11 07:27:04-OS'00'
ogimuvseeo ov aiv Fim
Risk Management Yes El No x❑ y
ac n att -0230111123f 0s
Dalo3;.by6005
Purchasing Yes[:]No ® Julie Cuneoatezzo11150 6- '00' 01/11/201
OMB Yes❑No ❑X John Quinn Datea'20z3 signed 0817 Quinn
-0 '00' 1/12/23
Comments:
Revised BOCC 8/17/2022
Page 85 of 106
AGREEMENT BETWEEN MONROE COUNTY AND ALEX KLAHM
ARCHITECTURAL METAL AND DESIGN FOR THE CUSTOM FABRICATION
OF OIL BUTT CONTAINER REPLICAS FOR THE HISTORIC KEY WEST
LIGHTHOUSE OIL BUILDING
THIS AGREEMENT is entered into this l��day of ec e , 2022, by and
between Monroe County, a political subdivision of the State of Florida,by and through its Board
of County Commissioners (hereinafter "COUNTY', whose address is 1100 Simonton Street,
Key West, Florida 33040, and Alex Klahm Architectural Metal and Design, Incorporated
("ARTIST"),whose address is 1118 Millstream Ct., Leland N.C. 28451.
WITNESSETH:
WHEREAS, the Key West Lighthouse and Oil House constitute significant historic sites in
Key West,Florida. such that all work thereon must be undertaken with sufficient care to protect
these historic resources and assure compliance with the Secretary of Interior's Standards for
Rehabilitation and any other requirements of the State Division of Historical Resources; and
WHEREAS, it is critical to assure that all such protection and compliance work thereon is
supervised by personnel who are familiar with the Secretary of Interior's Standards for
Rehabilitation; and
WHEREAS, in order to maintain the historic character of these sites and to enhance the
cultural and educational value thereof to visitors thereto, it is essential that the addition of
furnishings that contextualize the unique history of the buildings reflect, as much as possible, the
visual elements of the furnishings that were integral to the operation of the sites; and
WHEREAS, central to the historic operation of the Key West Lighthouse and Oil House was
the installation and maintenance of six (6) OR Butt Containers for the storage of the oil necessary
for the Lighthouse Keeper to replenish the fuel supply that powered the lighthouse beacon; and
WHEREAS, the re-creation of the Oil Butt Containers to reflect, as much as possible, the
visual elements of the original Oil Butt Containers will enhance the historic character of the Key
West Lighthouse and Oil House and promote their educational value; and
WHEREAS,the design and fabrication of replicas of the original Oil Butt Containers requires
unique skills, substantial experience, specialized training and dedicated equipment which are
exceedingly rare;and
WHEREAS,ARTIST possesses the unique shills, substantial experience, specialized training
and dedicated equipment necessary to design and fabricate replicas of the original Oil Butt
Containers as required by the COUNTY; and
WHEREAS,the parties agree that ARTIST shall undertake to create replicas of three (3) Oil
Butt Containers for installation in the Oil House for the Key West Lighthouse in Monroe County,
Florida C Project''); and
WHEREAS, the ARTIST and the COUNTY agree to assume 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 that this contract has been approved by the
Monroe County Administrator and is signed by both parties. The term of the Agreement is for
a period of one hundred, eighty (180) 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 14 and 15 below.
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:
A) ARTIST shall design, fabricate, transport and install Three (3) Replica Oil Butt
Containers for the Key West Lighthouse Oil House to be re-created according to the
Original Plans from the Library of Congress. The work will include embossed letters on
the drum and blacksmith-made hardware. Delivery to the Key West Lighthouse is
included. For illustrative purposes only, see the example attached hereto as Exhibit "A"
and made a part hereof.
B) 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 the Project Manager for Monroe County Department of Project
Management, Rob Tudor at Tudor-Rob(cr�,MonroeCounty-FL.Gov and the Project
Architect, Bender & Associates Architects, in order to ensure that there is as much
cooperation and cohesiveness in the incorporation of the art in or around the building
and the least amount of interference between the ARTIST and the Key West Lighthouse
and Oil House personnel or any construction staff.
3. AGREEMENT AMOUNT
The COUNTY shall provide an amount not to exceed Nine Thousand and 00/100
($9,000.00) Dollars for the final approved Oil Butt Containers. The Monroe County Board of
County Commissioners (BOCC) 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.
4. PAYMENT PROCESS
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Pursuant to Section 218.735,Florida Statutes (Florida Local Government Prompt Payment Act),
upon receipt by the COUNTY of an invoice for each of three (3)phases and documentation
to satisfy the Monroe County Office of Clerk and Comptroller(hereinafter, "County Clerk") that
the appropriate phase has been completed, payment shall be made for the following phases at
the referenced rates:
1) Phase I:
a) Payment is contingent upon submission of completed drawings.
b) Progress Payment: 331/3% of Total Payment ($3,000.00).
2) Phase IT:
a) Payment is contingent upon submission of Progress Report (including
pictures of work in process as noted below) and invoices for materials
used on the Project by ARTIST.
b) Progress Payment: 33;/3% of Total Payment ($3,000.00).
3) Phase III:
a) Payment is contingent upon the determination by the Monroe
County Project Management Department or designee and Bender &
Associates, the consulting architect, that the containers are deemed
complete and delivered and the contractual agreement specifications
are verified.
b) Progress Payment: 331/3% of Total Payment ($3,000.00).
Payment shall be made upon presentation of an original invoice and documentation
necessary to support the completion of the work. For each request for payment at Phase
II and Phase III,ARTIST shall submit a minimum of six (6) photographs of the Artwork
and a brief written summary on the progress of the work. ARTIST shall submit to the
COUNTY invoices with supporting documentation that are acceptable to the County
Clerk. Acceptability to the County Clerk is based on generally accepted accounting
principles and such laws,rules,and regulations as may govern the County Clerk's disbursal
of funds. ARTIST shall also provide release of liens if applicable,
The final payment request must be submitted no later than sixty (60) days after the
completion of the project.
The not to exceed amount of Nine Thousand and 00/100 ($9,000.00) Dollars for the
final approved Oil Butt Containers is inclusive of any travel expenses incurred by ARTIST
in the design, fabrication, transport and installation thereof. No additional amounts in
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excess of the amount of$9,000.00 for travel expenses is contemplated by this Agreement
nor will be paid pursuant hereto.
5. 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:
6. OWNERSHIP and RIGHTS
Upon the delivery 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 6
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 considered a prohibited modification, alteration,
distortion or mutilation of the artwork. ARTIST agrees that the COUNTY as owner of
the building and/or property that includes the artwork may, without the consent or
permission of the ARTIST, make or authorize the making of alterations and/or
destruction of such building and/or property.ARTIST agrees that where the artwork may
be created or conceived in any fashion by more than one author, the ARTIST'S signature
and waiver binds the entire group of authors/artists.
7. 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 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 Monroe County Office of Clerk and Comptroller, the Board of County
Commissioners for Monroe County or their agents and representatives. For Public
Records requirements see Paragraph 26 below.
Right to Audit
Availability of&cords. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available; subcontract files (including proposals
of successful and unsuccessful bidders,bid recaps,bidding instructions, bidders list, etc.);
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 the COUNTY
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or the County Clerk to substantiate charges related to this agreement, and all other
agreements, sources of information and matters that may in the COUNTY'S or the
County Clerk's reasonable judgment have any bearing on or pertain to any matters,rights,
duties or obligations under 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 the COUNTY'S representative and/or agents or the County Clerk. The
COUNTY or County Clerk may also conduct verifications such as, but not limited to,
counting employees at the job site,witnessing the distribution of payroll,verifying payroll
computations and overhead computations, observing vendor and supplier payments,
miscellaneous 0ocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, subcontractors, suppliers, and the
ARTIST's representatives. All records shall be kept for ten (10) years af'tex Final
Completion of the Project. The County Clerk possesses the independent authority to
conduct an audit of records, assets, and activities relating to this Project. If any auditor
employed by the COUNTY or County Clerk determines that monies paid to the ARTIST
pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the ARTIST shall repay the monies together with interest calculated pursuant to Section
55.03, Florida Statutes running from the date the monies were paid to the ARTIST. The
right to audit provisions survives the termination or expiration of this Agreement.
8. MODIFICATIONS AND AMENDMENTS
Any and all modifications of the terms of this Agreement or any changes in the design
of the artwork shall be only amended in writing and approved by the BOCC. Extensions
of time, as requested by either party, to complete any terms or conditions of this
Agreement must be made in writing and must be approved by the BOCC, which said
consent shall not be unreasonably withheld.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder, the ARTIST is an independent contractor
and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this Agreement shall be construed as to find the ARTIST or any
of its employees, contractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County and they shall be entitled to none of the rights,
privileges, or benefits of employees of Monroe County.
10. 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.
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11. HOLD HARMLESS/1NDEMNIFICATION
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
Agreement, the ARTIST hereby agrees to defend, indemnify and hold harmless the
BOCC, the COUNTY and any of their officers and employees from and against any and
all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but
not limited to fees and expenses arising from any factual investigation, discovery or
preparation for litigation), and the payment of any and all of the foregoing or any
demands, settlements, or judgments arising directly or indirectly under this Agreement.
The ARTIST shall immediately give notice to the COUNTY of any suit, claim, or action
made against the COUNTY that is related to the activity under this Agreement and will
cooperate with the COUNTY in the investigation arising as a result of any suit, action, or
claim related to this Agreement. This indemnification shall survive the termination or
expiration of this Agreement.
12. NONDISCRIMINATION
The ARTIST and the COUNTY agree that there shall be no discrimination against any
person, and it is expressly understood that,upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
The ARTIST or the COUNTY agrees to comply with all Federal and Florida statutes,and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter
14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
13. NO SOLICITATION/PAYMENT
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The ARTIST warrants that no person has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission,percentage,
brokerage or contingent fee and that no employee or officer of the COUNTY has any
:interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the COUNTY shall have the right
to 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.
14. 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 fiends cannot be continued at a level sufficient to allow the continuation of this
Agreement pursuant to the terms specified herein,this Agreement may then be terminated
immediately by written notice of termination delivered in person or by mail to ARTIST.
The COUNTY may terminate this Agreement without cause upon giving ninety (90) days
written notice of termination to ARTIST. The COUNTY shall not be obligated to pay
for any services or goods provided by the ARTIST after the ARTIST has received written
notice of termination.
For Contracts of any amount, if the COUNTY determines that the ARTIST 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 ARTIST written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida
Statutes are met.
15. TERMINATION FOR BREACx I
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 the 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.
16. ENTIRE AGREEMENT
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This Agreement constitutes the entire agreement and understanding of the parties
hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the COUNTY and the ARTIST,
17. GOVERNING LAW,INTERPRETATION,AND CONSENT TO JURISDICTION
This Agreement,its performance, and all disputes arising hereunder, shall be governed
by the laws of die 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.
18. EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR
EMPLOYEES.
The ARTIST warrants that he/she has not employed, retained or otherwise bad 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 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.
19. CODE OF ETHICS.
The 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, 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,
20. 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,proposal or reply on an agreement to
supply any goods or services to a public entity, .may not submit a bid, proposal, or reply
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 any public entity, may not
be awarded or perform work as a contractor, supplier,sub-contractor,or consultant under
an agreement with any public entity and may not transact business with any public entity
in excess of the threshold amount provided in. Section 287.017, Florida Statutes 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.
21. 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. The COUNTY warrants
that it has all required authority to enter into this Agreement and to be bound by the terms
hereof.
22. 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.
23. INSURANCE
ARTIST agrees that it maintains in force at its own expense a liability insurance policy
which will insure and indemnify the ARTIST and the County from any suits, claims or
actions brought by any person or persons and from all costs and expenses occurring
during the Agreement or thereafter that results from performance by ARTIST of the
obligations set forth in this Agreement. At all times during the term of the Agreement
and for one (1) year after acceptance of the project, unless the requirement is waived
by the Monroe County Risk Manager, ARTIST shall maintain on file with the
COUNTY a certificate of the insurance of the carriers showing that the aforesaid
insurance policy is in effect. All insurance policies must specify that they are not subject
to cancellation,non-renewal,material change or reduction in coverage unless a minimum
of thirty (30) days prior notification is given to the COUNTY by the insurer.
Acceptance and/or approval of ARTIST'S insurance shall not be construed as relieving
ARTIST from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners,its employees and officials will be
included as "Certificate Holder" and "Additional Insured" on all policies except worker's
compensation.
Any deviations from these General Insurance Requirements must be requested in writing
on the COUNTY form titled"Request for Waiver of Insurance Requirements" and must
be approved by Monroe County Risk Management. The following coverages shall be
provided prior to commencement of work governed by this contract:
1. Workers' Compensation if, and as required by Florida Statutes. If the Artist has no
employees as defined by Florida Statutes and Regulations, the Artist shall submit a letter
stating that he or she is exempt from this requirement.
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2. General Liability Insurance. Coverage shall be maintained throughout the life of the
contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If coverage is provided on a Claims Made policy, its provisions should include coverage
for claims filed on or after the effective date of this contract. In addition, the period for
which claims may be reported should extend for a minimum of twelve (12) months
following the acceptance of work by the County.
24. UNCONTROLLABLE CIRCUMSTANCE/FORCE MAJEURE
Any delay or failure of either Parry to perform its obligations under this Agreement
will be excused 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 have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm,
hurricane or other declared emergency in the geographic area of the Project; (c) war,
invasion,hostilities (whether war is declared or not),terrorist threats or acts,riot, or other
civil unrest in the geographic area of the Project; (d) government order or law in the
geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after
the date of this Agreement; (� action by any governmental authority prohibiting work in
the geographic area of the Project (each, an "Uncontrollable Circumstance"). ARTIST'S
financial inability to perform, changes in cost or availability of materials, components, or
services, market conditions, or supplier actions or contract disputes will not excuse
performance by ARTIST under this Section. ARTIST shall give the 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 not pay
additional cost as a result of an Uncontrollable Circumstance.The ARTIST may only seek
no cost Change Order for such reasonable time as the COUNTY'S Representative may
determine.
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25. 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 tl:-�s Agreement or a default on
the part of the ARTIST for the purpose of Paragraphs 14 or 15 (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 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 or 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.
26. PUBLIC RECORDS COMPLIANCE
The ARTIST must comply with Florida public records laws including, but not limited
to, Chapter 119, Florida Statutes and Section 24,Article I of the Constitution of Florida.
The COUNTY and the ARTIST 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 the ARTIST 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 ARTIST. Failure
of the ARTIST to abide by the terms of this provision shall be deemed a material breach
of this contract and the COUNTY may enforce the terms of this provision in the form
of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding.This provision shall survive any
termination or expiration of the contract.
The ARTIST is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this pzovision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the ARTIST is required to:
(1) Deep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COUNTY'S custodian of records, provide the COUNTY
with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise ptovided 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 ARTIST
does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the ARTIST or keep and maintain public records that would be
required by the COUNTY to perform the service. If the ARTIST transfers all public
records to the COUNTY upon completion of the contract,the ARTIST shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the ARTIST beeps and maintains public records upon
completion of the contract, the ARTIST shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
COUNTY, upon request from the COUNTY'S custodian of records, in a format that is
compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract must
be made directly to the COUNTY, but if the COUNTY does not possess the requested
records, the COUNTY shall immediately notify the ARTIST of the request, and the
ARTIST must provide the records to the COUNTY or allow the records to be inspected
or copied within a reasonable time.
If the ARTIST 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 ARTIST. 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 ARTIST shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by
law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
12
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470,
BRADLEY BRIAN MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEYS OFFICE, 1111 12TI4 Street, SUITE_ 408, I EY
WEST FL 33040,
27. RISK OF LOSS
Risk of loss or damage to the artwork shall be borne by the ARTIST Until acceptance
of the artwork by the COUNTY as indicated after the final payment has been made. The
ARTIST shall carry insurance sufficient to cover the purchase price of the artwork to
cover risk of loss or damage to the artwork until final acceptance by the COUNTY. The
ARTIST shall take such measures as are reasonably necessary to protect the artwork from
loss or damage.
28. NOTICE
Any notice or correspondence required or permitted under this Agreement shall be in
writing and hand delivered or sent by United States Mail, postage prepaid, to the other
party by certified mail,return receipt requested, or by courier with proof of delivery. The
place of giving Notice shall remain the same as set forth herein until changed in writing
in the manner provided in this paragraph. Notice is deemed received by ARTIST when
hand delivered by national courier with proof of delivery or by U.S. Mall 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:
Alex Klahm Assistant County Administrator, PW& E
Architectural Metal and Design, Incorporated 1100 Simonton Street, Room 2-205
1118 Millstream Ct. Key West, Florida 33040
Leland N.C. 28451
Director of Project Management
1100 Simonton Street,Room 2-21 G
Key West, Florida 33040
and
Monroe County Attorney
1111 12+h Street, Suite 408
Key West, Florida 33040
13
29. 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 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 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 live (5) years after final
acceptance of the artwork, with periodic required maintenance by the COUNTY
according to instructions provided by the ARTIST. The COUNTY shall give written
notice to the ARTIST of any breach of this warranty during the five (5) year period. The
ARTIST shall, at no cost to the COUNTY, cure reasonably and promptly the breach of
warranty by means of repair, restoration, refurbishing, re-creation, or replacing the
artwork.
30. 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 dal acceptance of the artwork will be the
responsibility and at the expense of the COUNTY.
31. 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 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 ARTIST
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.
32. ATTORNEY FEES AND COSTS
The COUNTY and ARTIST agree that, in the event any cause of action or
administrative proceeding is initiated or defended by any parry 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_
14
33. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and ARTIST and their respective legal
representatives, successors, and assigns.
34. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and ARTIST 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 10, 12, 13, 14, 15, 18 and 26 of this
Agreement concerning termination, cancelation or annulment.
35. 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, the
COUNTY and ARTIST agree to participate, to the extent required by the other parry, in
all proceedings,hearings,processes,meetings,and other activities related to the substance
of this Agreement or provision of the services under this Agreement. The COUNTY and
ARTIST specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
36. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation
of the ARTIST and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
37. ATTESTATIONS
ARTIST agrees to execute such documents as the COUNTY may reasonably require,
to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
15
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 for
reference purposes 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.
40. AGREEMENTS WITH SUBCONTRACTORS
In the event that the ARTIST subcontracts any or all of the work in this Project to
any third party, the ARTIST specifically agrees to identify the COUNTY as an additional
insured on all insurance policies required by the COUNTY. In addition, the ARTIST
specifically agrees that all agreements or contracts of any nature with his subcontractors
shall include the COUNTY as additional insured.
41. ENERIFY SYSTEM
Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, if
applicable, the ARTIST attd 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 ARTIST 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 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 ARTIST shall comply with and be subject to the provisions of
Section 448.095, Florida Statutes.
42. CONSTRUCTION OF AGREEMENT
This Agreement shall not be construed more stricdy against one party than against
another merely by virtue of the fact that it may have been prepared by one of the parties.
It is acknowledged that both the ARTIST and the COUNTY have substantially and
materially contributed to the preparation hereof.
16
43. AFFIDAVIT OF NO LIENS
The ARTIST and the COUNTY certify that there are no dens against the artwork,
designed by ARTIST, nor will there be at the completion of this Project.
44. ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents, except for Modifications or Amendments issued after
execution of this Agreement, are enumerated as the Addenda,if any,ARTIST'S Proposal
(Exhibit B), ARTIST'S design, models, and specifications of the artwork and budget,
ARTIST'S insurance and this Agreement executed between the ARTIST and COUNTY,
along with all executed Monroe County applicable forms.
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
17
IN WITNESS THEREOF,the parties hereto have caused this 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.
MONROE COUNTY, -FLORIDA
By ..
Cdunty Administrator or Designee
Date; January 13, 2023
MONROE COUNTY ATTORNEY'S OFFtGE
APPF30VED AS TO FORM
�,,, ($rt`A3+iT GQUNTY AT�"ORirl�Y
DATE: 12-1 L909-2
WITNESSES: ARTIST:
.ALEX KLAHM ARCHITECTURAL
METAL AND DESIGN, INCORPORATED
By: kula�wt
Print Name
Title: �1.Q/�-�
Print Name Signature
%pc�Z- Date: �c_
SyllatuIre
Date: N�_- 10 .0 aa,
2)
Prin N e
ti
Signatu
Date: DffzlmbLd� L6 2
18
STATE OF_N 6 {/ 'I•� A Vn C rr✓�G�C COUNTY OF 9 I,-✓h <W 1 C:
On this day o£_D-e C-?m-q 2023, before me, the undersigned notary ublic, by means of
l physical presence or ❑ online, personally appeared�-cz �i uvd l M , known to
me to be the person whose name is subscribed above or who produced N A.�✓t'-Z►a CAS c
identification,and acknowledged that he/she is the person who executed the above contract with
Monroe County for the artwork at the Ivey West Lighthouse & Oil House for the purposes
therein contained. p
Notary Public My Commission Expires: 3 1-Z "f z
N.e,..oe �I
Name ;
33 w q L=
I,SV• •.....e• ,`mow
co�;��`
�srPleisae�
19
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ExEld BITS
20
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EXHIBIT
A
21
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�f�iti. � ><� s � ""�i4y"_"=sue .. F � r, 6� _ �?.f..•
' �4'w. =F ,,i ,y r "'t�i u• ti.��1�L. w.r;,.d f. ...._.---�:_,,. -mot`- ' ''1
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EXHIBIT
B
�I
24
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor fist 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 bills 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, Florida Statutes, for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list."
1 have read the above and state that neither A 6�c K.to-�YYh
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
(Signature)
Date: ��. ?�2
STATE OF: OV' 1.'AVd
COUNTY OF: t'✓ rv;
Subscribed and sworn to (or affirmed) before me, by means of X physical presence or❑ online
notarization, on iz I I -L-L (date)
by A!-4C L rL 1 (name of affient). He/She is personally known
to me or has produced rIvev (type of identification) as identification,
NOTARY PUBLIC
%J1111rrat44�i
My commission expires: -S I-Z4 I-L-1—
%.0 -
r a Ua
a
s G �. B1JG Ze
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+oj'
+......••a �4 •�.
25
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date: 2m z--2 --
STATE OF; o V/ Ir P I , V,
COUNTY OF: NVtJt2(, (kJ i rL .._
Subscribed and sworn to (or affirmed) before me, by means of physical presence or❑ online
notarization, on m ��� (date)
by ~ C-[W VjL (name of afflant). He/She is personally
Known tome or has produced- 111 f of-ty- Licgw, type of identification) as
identification.
``�t�a4140�rars�Ar�k
K ��`��� °°'°°•.SC��i� NOTARY PUBLIC
rW
6. C�= M commission expires:s.26
2
�'.,;fC/C Cou�,6
NON-COLLUSION AFFIDAVIT
I, of the city 17CO Q 14 , ��„G . according to law on my oath, and under
penalty of perhjury, depose and say that:
1. I am � Yt'1
of the firm of �C
the proposer making the Proposal for the project described in the notice for calling for
proposals for:6 0;1 Vdt4k,
and that I executed the said proposal with
full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other proposer or with any competitor; and
3_ Unless otherwise required by law, the prices which have been quoted in this proposal have
not been knowingly disclosed by the proposer and will not knowingly be disclosed by the
proposer prior to proposal opening, directly or indirectly, to any other proposer or to any
competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting
competition; and
5. The statements contained in this affidavit are true and correct, and made with full knowledge
of said project.
e-, gnature of Proposer)
(Date)
STATE OF: C V,4,L ca t/19
COUNTY OF:
Subscribed and sworn to or affirmed) before me, by means of 0 physical presence or 0 online
notarization, on t 1'22 (date)
by VV11, I A 1AA (name of affiant). He/She is personally known
tome or has produced L P 1,kirype of identification) as identification.
01119110111 i N ARY PUBLIC 1
E K M � e.�� � I
���a,•- (SEA�• t�!� My commission expires:
Z Zaz
007;
0
=Z .
1P k1c
2
27
,,,�eBCoUN1.••'
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that:
Alrcl;L KeW t !7; �
(Name of Business) U r
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
Possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal,the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of
the United States or any state,for a violation occurring in the workplace no later than five (5)days
after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who Is so
convicted.
6. Makes 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.
Proposees Signature
, [q 7Z-E7 2L
r Date
STATE OF: {V ve tro rli
COUNTY OF: c) ,
Subscribed and sworn to (or affirmed) before me, by means of physical presence or Elonline
notarization, on (date) by i°itiv/ v,f rie of affiant).
He/She is personally known to me or has produced / {,(l � (type of identification)
as iden�t�i`
�.!;*F .K na��o
�p NOTARY PUBLIC
My commission expires: J
•+ • • Z
��•�g
Vl„•��•-eM•-�--�� i
IC G0 %��s
���1riei1110
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name: (� 'If r JTW °
Vendor FFIN:
Vendor's Authorized Representative Name and Title: hw- C K-14 k IM_ P A _ _
Address: i 11 14 AL'Q4)qtq4vx
,
City: o—leL State: 0. C. Zip: e-,
Phone Number 71-1- I(o Lq Email Address: ex yyy�o�a M , Go-v'1
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.
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.
Certified By: , who is authorized to
sign on behalf of the above referenced company.
Authorized Signature: a
Print Name: a-h rh Title:
Note:The List are available at the following Department of Management Services Site:
http://www.dms.m.yflorida.com/business operations/state purchasing/vendor information/convicted sus en
ded discriminate com faints vendor lists
29
EXHIBIT
c
30
Alex Klahni
Architectural
., fetal and Design, Inc.
�y
I&David Salay .
Bender and Associates Architects January 6,2022
David,This is out pxoposal and contract to create replica Oil Butt containers for the Ivey West
Lighthouse Oil House.Thep would be xecteaxed according to the ouginal plans from the Library of
Congress.This work includes embossed letters on the drum and Blacksmith:made hmdwate.It also
includes delivetg to the Ivey West Lighthouse.
` The cost for each of the containers is$3,000.We will need G months to complete the order,
We would request a 1/3 deposit with the oxdct,1/3 pxogress payment When all the pants have beet,.
;~ made,and the final 1/3 Withia 10 daps of deliveq to the site.
We understand that the Lighthouse may be xequesting 3 or 6 of these containers.
1 Previously we created 20 of these containers for other Lighthouses including the St Augusihne
Lighthouse,Xaquina Head Lighthouse,Cutdtuck Lighthouse,Jupiter Lighthouse,Tpbee Island
Lighthouse and others.None of the otiginah have sutvived,not even in the Coast Guard Museum..
Regards,Alex lCahm
JIMMY PATRONIS
CHIEF FINANCIAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS'COMPENSATION
CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW*
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law,
EFFECTIVE DATE. 1/2612Q22 EXPIRATION DATE: 1/26/2024
PERSON: ALEX KLAHM EMAIL: ALEXKLAHM.METALANDDESIGN@VERIZON.NET
FEIN: 593116313
BUSINESS NAME AND ADDRESS: -
ALEX KLAHM ARCHITECTURAL METAL AND DESIGN, INC.
177 ANCLOTE ROAD SUITE A
TARPON SPRINGS, FL 34689
SCOPE OF BUSINESS OR TRADE:
Iran or Steel:Erecllon Frame
Structures
IMPORTANT:Pursuant to subsection 440.05(14),F.S.,an officer of corporation who elects exemption from this chapter by filing a certificate of election under
this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(12),F.S.,certificates of election to be exempt Issued
under subsection(3)shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or
trade listed on the notice of election to be exempt Pursuant to subsection 440.05(13).F.S.,notices of election to be exempt and certificates of election to be
exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate
no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time forfailure of the parson
named on the certificate to meet the requirements of this section.
DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01466319 QUESTIONS?(850)413-1609
2021 Edition
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements,as specified in the County's Schedule_of Insurance
Requirements,be waived or modified on the following contract.
ContractorNendor: G 6 G t
J
Project or Service: �. Cd :5 1 CA 0J O�'t
ContractorNendor t�1
Address&Phonef:
aVk n,I ol� Z�S 5
General Scope of Work: £InUe CA t),u
Reason for Waiver or J,( r? 0 d ~� a pWj irr ti Bla-�-
Modification:
nAt) _-�C_ f pt I.tea-
0.
Policies Waiver or � '
Modification will apply to: ,
Signature of ContractorNendor: f Z
Date: Approved Not Approved
Risk Management Signature._
Date: 1/10/2023
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administrative Instruction 7500.9
104
I
i
it :1
Resume
j rl • ', Alex Klahm is a historic preservationist who
I
has been creatively active in the restoration
and preservation industry for 35 years, as a
craftsman whose work has been nationally
_ awarded throughout his career and as an
industry leader at the national level. He holds
5
a Bachelor of Arts from the University of
1 L
California at Davis (1969), and a Master of
Arts from California State University at Los
Angeles (1970). He has been a frequent
r�
speaker and demonstrator at national
professional conferences, often contributing
educational and technical articles to journals
serving the metal arts.
He has designed and produced architectural metalwork of
exceptional quality for private and public commissions nationally
and internationally. His work on estate properties has included
original designs in bronze, iron, copper, brass, monel and
aluminum. He has crafted grand staircases, monumental gates,
balconies, decorative railings, chandeliers, metal art entrances,
sculptural pieces such as fire screens, sconces, art work, as
well as public art commissions and church ornamentation.
Mr. Klahm' Studios have been located in Honolulu, Ocala, St.
Petersburg and Tarpon Springs. His shops have provided
custom in-house Foundry, Blacksmithing, Fabrication, Welding,
and Repousse services.
Alex Klahm is active in the historic preservation community,
having restored the original metalwork on 37 national
lighthouses as well as other historic properties. He often serves
as the historical consultant to the architects and restoration
team.
He is a two-term past president of the National Ornamental
Metals Association (1990-1992) and served on its National
Board of Directors for ten years. He has served as Trustee of
the National Ornamental Metal Museum in Memphis,
Tennessee, 1992-2010, where his work is on permanent display.
Recognition of his work includes the following honors:
* US Department of the Interior, Bureau of Land
Management, Yaquina Head Lighthouse, Newport, Oregon, for
excellence in restoration (2007)
* American Institute of Architects, Florida Chapter, Mellen
C. Greeley "Craftsman of the Year": For outstanding
craftsmanship, all mediums (Awarded in 1996 & 1990)
* Georgia Trust for Historic Preservation: Tybee Island
Lighthouse Restoration (2000)
* Florida Trust for Historic Preservation: St Augustine
Lighthouse (1995), Gasparilla Light (2018)
* American Association for State & Local History:
American Association Award of Merit for Craftsmanship,
Restoration of Key West Lighthouse (1989)
Key West Board of Preservation Award for Excellence for
Master Craftsmanship, Key West Light
* Mitch Heitler Award: Exceptional Design and Metal
Craftsmanship (1993 & 1987) N.O.M.M.A.
* Julius Blum Award: Recognition of Outstanding
Contribution & Service to the Metal Industry
National Ornamental Metal Museum, Museum Award,
Outstanding Contribution & Service,1990
Historic National Lighthouse Restorations & Historic Metalwork
Preservation:
2021 - President William Henry Harrison's Mansion: Grouseland -
over 250 pieces of hand forged blacksmith hardware for the
restoration of the home.
2021 - St. Simons Lighthouse - repair vent bail chimney
2020 - St. George Lighthouse - Replacement of lantern room Glass.
2020 - Amelia Island Lighthouse - Replacement of Glass in Lantern
room and Recreation of Chimney Vent.
2019 -- Memorial Presbyterian Church, St. Augustine, Restoration of
900 pound copper cross on roof.
2019 — Key West Lighthouse Keepers Quarters -- tuckpointing of all
foundation piers
2019 — Jupiter Lighthouse, Florida — Replacement of damaged 1860
wrought iron roof with original wrought iron supplied from Topp in
England and tuckpointing of damaged bricks.
2018 — Hillsboro Inlet Lighthouse -- Structural repairs to tension rods
at top of structure per Coast Guard.
2018 — Boca Grande Harbor Lighthouse, Florida — Structural repairs to
wooden beams beneath structure including recreation of cast iron
anchoring brackets.
2017 -- Gasparilla Island Rear Range Light, Florida — Monumental
repairs to wrought iron skeletal tower lighthouse requiring repairs to
wrought iron skin and replacement of over 2,000 rivets.
2017 — St. Marks Lighthouse, Florida -- Restoration of all original 1831
metalwork
2017 — St Simons island Lighthouse, Georgia — minor repairs to vent
ball. E
2017 — Old Baldy Lighthouse, N.C. — restoration of vent bail and
chimney stack.
2015 -- St. Augustine Lighthouse, Florida — Metal repairs to Gallery
support brackets and exterior railings.
2015 — Little Cumberland Island, Florida — Restoration and structural
stabilization of lantern room.
2015 — Elbow Cay Lighthouse, Abaco Bahamas — Restoration of
wrought iron roof and curved diamond weather glass.
2014 — St. George Island Lighthouse, Florida — New copper vent
and glass for lantern room.
2013 — Sanibel Lighthouse, Florida -- Restoration of all
metalwork.
2013 -- Boca Chita Key Lighthouse, Florida — Removal and
restoration of lantern room, a NPS property
2010 --- Cape Lookout Lighthouse, N.C. — Restoration of all stair
treads, replacement of observation deck railing, structural
welding, new entry wood stairs, and interior painting. Lighthouse
located on Barrier Island with no infrastructure. National Park
Service project.
2010 — Ocracoke Lighthouse N.C. — Total restoration of
lighthouse including all metalwork and masonry tuckpointing for
National Park Service. 6 month project. New lightning protection.
2009 — Biloxi Lighthouse, Mississippi — Restoration of all
metalwork including broken cast iron stair treads
2009 -- Cape Hatteras Lighthouse, N.C. -- Replacement of
original cast iron 1877 interior stairs with custom duplicate ductile
iron castings. 195 steps - $1 .2 Million, 6--month project, Also,
replacement of observation deck railing and design-build
lightning protection. National Park Service Project.
2009 — Bodie Island Lighthouse, N.C. — Removal and storage for
2 years and reinstallation of first order Fresnel lens while
lighthouse was being restored. National Park Service Project.
2009 - Assateague Lighthouse -- New gallery deck rails.
2008 - Restoration of Historic Wormsloe Plantation State Park
Gates, Savannah, Georgia.
2007 -- Cape San Bias Lighthouse, Florida -- Replacement of
broken cast iron foundation pads. Entire Lighthouse had to be
lifted 1/4" to allow for replacement. New gallery rail.
2007 — Yaquina Head Lighthouse, Oregon — Monumental
restoration of all metalwork including new deck cornice castings,
new roof soffit and structural repairs to cast iron gallery support
brackets. BLM project. Awarded for excellence by the Secretary of
the US Dept. of the Interior.
2007 — Crooked River Lighthouse, Florida — Restoration of all
metalwork including new railings.
2005 - Payne Stewart Residence metalwork, Orlando Florida.
2004 - Straz Center for Performing Arts, Tampa: Monel Art Entry
Doors at Patel Conservatory.
2004 —Amelia Island Lighthouse, Florida — Restoration of all
metalwork.
2004 — Boca Grande Harbor Lighthouse, Florida — Removal of
lantern room, total restoration in shop.
2003 -Anclote Key Lighthouse, Florida - Restoration of metalwork
including railings, doors and hardware.
2001 - Millennium Gateway Sculptural Art at Bay Walk [Sundial],
Promenade and Shops, St Petersburg.
2001 — Ponce Inlet Lighthouse, Florida — Restoration of all
metalwork and total recreation of origina lens frame to allow
original lens to be reinstalled in lighthouse.
2000 - Tommy Lee Jones residence metalwork, San Antonio,
Texas.
2000 — Point Sur Lighthouse, California — Recreation of damaged
castings and misc. repairs.
2000 — Currituck Beach Lighthouse, N.C. — Restoration of all
metalwork including new cornice castings, new railings, and
restoration of gallery support brackets.
1999 — Tybee Island Lighthouse, Georgia -- Restoration of all
metalwork including new copper windows, new observation deck
railings, and new stair support brackets.
999 -Adrian Arsht Miami Villa - Design and Craft Architectural
Me alwork, Key Biscayne, Florida. Photographed for Florida
Design, [Fall, 2000] & Southern Accents [Spring, 2001]
1999 - Ritz-Carlton Residences, Washington D.G. & Sarasota, FI:
Balustrade and Art Metalwork.
1998 — Sapelo Island Lighthouse, Georgia — Restoration of all
metalwork and tuckpointing.
1998 — Sapelo Island Front Range Light — The original lantern
room was considered beyond repair by Architect Ken Smith,
however, after removing the structure to the shop, we were able to
restore the wrought iron and riveted structure and return it to the
island. Photos on line.
1996 — Bill Baggs Cape Florida Lighthouse —After complete
recreation of the top by a Florida foundry, my role was to
coordinate the installation of the 25,000-pound lantern and lens
room on top of the masonry tower in two lifts with a 250-ton crane.
Also, restoration of stairs, windows and doors.
1996 — Jupiter inlet Lighthouse — Restoration of all metalwork.
1995 - Soge Bank of Port-au-Prince, Haiti - Craft 5 story brass and
glass grand stair balustrade.
19947 2008 - St Augustine Lighthouse -- Major restoration of all
metalwork since original construction in 1874.
1994 to 2016 - President of Disney, Two Residences, Orlando and
The Ritz-Carlton Residences - Sarasota.
1991 - Les Compagnons Du Devoir - Reims, France, Professional
training in a guild hall environment with the team of French
artisans who restored the Torch and Flame of the Statue of Liberty.
Historic Restoration and Repousse for Metalsmiths.
1990-1997 - Pillsbury Historic Estate, Minnesota, Seven year
restoration of historic metalwork by Samuel Yellin and new work in
Yellin style using tripple refined wrought iron and forged Naval
Bronze.
1990 - Dade County Courthouse Monumental Gates -- recreation in
cast aluminum,
1990 - Viscaya Museum and Gardens Ironwork Restoration, Miami
- Grant by the State of Florida - two year project, original work
done by Samuel Yellin, 1915.
1990 - Hard Rock Cafe at Universal Studios Florida, Eternal
Flame of Rock and Roll.
1990 - Lombard's Landing at Universal Studios, Monumental
Staircase and Pilasters, Orlando.
1990 - Gusman Center for the Performing Arts, Duplication of
missing historic ironwork from photographs: Pedestrian Gate,
Chandelier, and Wall Sconces.
1989 - Boldt Castle Monumental Weathervane - recreation -
Alexandria Bay, New York.
1989 - Monumental Chandeliers at The Adventurers Club, Walt
Disney World, Lake Buena Vista, Florida.
1989 — Key West Lighthouse — Major restoration of all
metalwork since original construction in 1847.
1989 - Flagler College, 30 year - on going - restoration and
recreation of historic metalwork including duplication of 12 brass
chandeliers in dining hall, recreation and restoration of copper
gargoyle downspouts in Courtyard, Gates, Recreation of
Perimeter "spiked ball and chain link" fencing, and historic light
fixture recreation.
1989 - Venetian Pool, Restoration of Ironwork, Coral Gables,
Florida.
1989 - San Carlos Museum, Restoration of Ironwork and
Chandeliers, Key West, Florida.
1989 - First Methodist Church of Coral Gables, design and
fabrication of 8' Crucifix for Chapel, Florida.
1988 - Fabrication of Copper and Brass Architectural
Weathervane, Connecticut College Chapel.
1988 - Forged Iron Railings, American Aruba Hotel Renovation,
Oranjestad, Aruba.
1988 - Ornamental Metalwork for Buccaneer Hotel,
Christiansted, St. Croix, U.S. Virgin Islands.
1988 -- Fabrication of Copper Railings, Kauai County Building
Restoration, Island of Kauai, Hawaii.
1988 - Design and Fabrication of Monumental Staircase, Scudder's
Galleries, Ocala, Florida.
1987 - Design and Fabrication of Copper Driveway Entry Gates, Bay
Pointe Estates, Palm Beach, Florida.
1986 - Design and Fabrication of cast iron entry gates, Royal Burial
Crypt at the Royal Mausoleum, Honolulu, Hawaii - Awarded "Mitch
Heitler Award" by the National Ornamental and Misc. Metals Assoc. in .
recognition of Exceptional Design and Craftsmanship.
1985 - Design and Craftsmanship of Bronze Estate Entry Gates, Claire
Booth Luce Residence, Honolulu.
1985 - Metalwork for "Magnum P.I." TV series, Honolulu.
1984 -- Royal Mausoleum, Honolulu — Monumental restoration of
fencing and gates originally created at CoalbrookdaIe in England, circa
1868.
1983 — lolani Palace, Honolulu — Monumental restoration of fencing
and recreation of gates and royal coat of arms.
1982 — Hulihee Palace, Kailua Kona, Hawaii — Commissioned by
Daughters of Hawaii, original design and craftsmanship of hand forged
and cast entry gate in historic style circa 1860. Photos on line.
1980 — Original "Tree of Life" door forged in Blacksmith style. Recipient
of Master Craftsman Art Award in Washington D.C.
and currently in the permanent collection of the Metal Museum in
Memphis.
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PROOF OF INSURANCE
NC FARM BUREAU MUTUAL INS. CO.
` P.O. Box 27427, Raleigh,NO, 27611-7427
a
NOTHING IN THIS DOCUMENT SHOULD BE CONSTRUED AS A WAIVER OFANYPOLICY TERMS OR
CONDITIONS. THIS DOCUMENT IS INVALID IF POLICY IS CANCELLED, TERMINATED OR EXPIRED.
Policy Number:APM$684861 Effective Date:10106122 Expiration Date:04/06/23
Insured Vehicle: Year 2017 Make: FORD EXPEDITION VIN: I FMJ U 1 KT2H EAB5979
Agent's Name:BLAKE HUNDI_EY Phone Number:(910)371-2111
Named Insured:
ALEX KLAHM
SHARYN ANN KLAHM IMPORTANT:PLEASE PLACE IN [DESIGNATED VEHICLE
1118 MILLSTREAM CT
LELAND, iVC 28451-74 63 �
NAIL Number:14842 I01i 5/22
Authorized FloprosontaHve Data
6:
APM 8684861 83
NORTH CAROL INA FARM BUREAU MUTUAL INSURANCE COMPANY PART B DECLARATION PAGE
P.O.BOX 27427RALE1GH,NORTH CAROLINA276117427 PERSONAL AUTO POLICY
NEW DECLARATION EFFECTIVE 10/06/22
I 'fll e41 t: [.�t��ts_—Ttv1BEaIIPi =x
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—
APM 8684861 10/06/22 04/06/23 2408240 APM DECL 0515 0106451
----- -----
n�Ai�E�E
ALEX KLAHM
SHARYN ANN KLAHM
1118 MILLSTREAM CT BLAKE HUNDLEY
LELAND, NC 28451-7463 TELE: (910) 371-2111
PO BOX 1987
LELAND, NC 28451-1987
VEHICLES COVERED TYPE SYMBOL STATED
VEH ZIPCD YR MAKE VEH SERIAL NUMBER CMP\COL OCN AMT. CLA SDI
001 28451 05 MBNZ CLK500 PP WDBTJ75JOBF139178 23\25 1A - 00
002 28451 17 FORD EXPEDITION PP 1FMJU1KT2HEA65979 34\36 1A 00
INSURANCE IS PROVIDED WHERE A PREMIUM IS SHOWN FOR THE COVERAGE.
COVERAGE LIMITS OF LIABILITY PREMIUMS
UNIT 1 2
A BODILY INJURY $Z50,000 EA PERSON *500,000 EA ACC 74.64 74.64
A PROPERTY DAMAGE $100 ,000 EACH ACCIDENT 57 .64 57.64
B MEDICAL PAYMENTS $1,000 PER PERSON 5.00 5.00
D OTHER THAN COLLISION $100 DEDUCTIBLE 58. 00 42.00
D COLLISION $250 DEDUCTIBLE 79 .00 98.00
EXTENDED TRANSPORTATION $50/DAY $1500_ MAX 2I . 00___. 2-1 ._00.. _
_._ — _ _ — - TOTAL BY UNIT 295.28 298.28
Cz UNINS/UNDERINS MTR BI 0250 ,000 EA PER $500 ,000 EA AC *118.00
UNINSURED MOTORIST — PROPERTY DAMAGE $100,000 $5 .00
TOTAL TERM PREMIUM 4716 .56
THIS PREMIUM REFLECTS A FARM BUREAU DISCOUNT FOR THE FOLLOWING:
—EXPERIENCED —MULTICAR POLICY
—PROPERTY COVERAGE WITH FARM BUREAU —FULL PAY PLAN
-------PROTECTION PLUS --_TERRITORY
AIRBAG DISCOUNT APPLIED UNIT 1yZ.
DRIVER ID DRIVER NAME
01 ALEX KLAHM
02 SHARYN ANN KLAIAM
WE APPRECIATE YOUR BUSINESS_
s"i
= i_=:.._..... __ —_—c;}.'u3-�•�a.�,�c,_—:uv_+F,:n,:JzT=..�r.7
API! 8684861 84 -- -
NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY PART6 DECLARATION PAGE
P.O.BOX 27427RALEIGH,NORTH CAROLINA,27611-7427 PERSONAL AUTO POLICY
NEW DECLARATION EFFECTIVE 10/06/22
0-0
APM 8684861 10/06/22 04/06/23 2408240 APM DECL 0515 0106451
ALEX KLAHM
SHARYN ANN KLAHM
1118 MILLSTREAM CT BLAKE HUNDLEY
LELAND, NC 2.8451-7463 TELE: (910) 571-2111
PC BOX 1987
LELAND, NC 28451-1987
APPLICABLE FORMS
FORM # DATE UNIT FORM # DATE UNIT FORM # DATE UNIT _FORM # DATE UNIT
-'�'-4N'CJ _Q3T20 -AL-1 _RC6391 U"7787*AL=N-C`00TT-Q6/2-1- ALC` RRA`�--�0372�'�"ALCY
NC0001 06/05* ALL NCO314 10/19* 001 MC0314 10/19* 002
OTHER POLICIES FOR MEMBERSHIP NUMBER 2408240 : APPROVED BY RISC MANAGEMENT
POLICY INSURED NAME BY w
DATE 1/10/2022
HP 6566615 ALEX KLAHM
WAIVER N/A YES ,,.
10/18/22
AUTHORIZED REPRESENTA E DATE
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JIMMY PATRONIS
CHIEF FINANCIAL OFFICER STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS'COMPENSATION
*CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW*
CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law,
EFFECTIVE DATE: 1/26/2Q22 EXPIRATION DATE: 1/26/2024
PERSON: ALEX KLAHM EMAIL: ALEXKLAHM.METALANDDESIGN@VERIZON.NET
FEIN: 593116313
BUSINESS NAME AND ADDRESS: - - — -
ALEX KLAHM ARCHITECTURAL METAL AND DESIGN, INC. APPROVED BY RISK MANAGEMENT
177 ANCLOTE ROAD SUITE A DATE -
TARPON SPRINGS, FL 34689 WAIVER N/A YES
SCOPE OF BUSINESS OR TRADE:
iron or Steel-,Erection Frame
Structures
IMPORTANT:Pursuant to subsection 440.06(14).F.S.,an officer of corporation who elects exemption from this chapter by filing a certificate of election under
this section may not recover benefits or compensation render this chapter.Pursuant to subsection 440.05(12),F.S.,Certificates of election to be exempt Issued
under subsection(3)shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or
trade listed on the notice of election to be exempt.Pursuant to subsection 440.05(13),F_S.,notices of election to be exempt and certificates of election to be
exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate
no longer meets the requirements of this section for issuance of a certificate.The department shelf revoke a certificate at any time forfallure of the person
named on the certificate to meet the requirements of this section.
DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 06-13 E01466319 QUESTIONS?(850)413-1609