Item R7 County of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor Craig
Cates,District 1
The Florida Keys �� Mayor Pro Tem Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K. Scholl,District 3
- David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: R.7
Agenda Item Summary #11880
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: Naomi Pagidas 3053042282
NA
AGENDA ITEM WORDING: Approval to accept a donation of one 26 ft x 14 ft wall art mural
titled "Two Blue Herons" from Benjamin Fauguenot and authorizing the Mayor to also execute the
Bill of Sale upon completion of the mural. The art has a total value of $9,000 at no cost to the
County.
ITEM BACKGROUND: Monroe County Parks and Beaches is seeking Board approval to
accept the donation of one large scale wall art mural of "Two Blue Herons" from Benjamin
Fauquenot to be displayed at Higgs Beach. Monroe County Art in Public Places Committee
(AIPP) considered the artwork and recommended approval at its meeting on October 18, 2022.
The artist, Benjamin Fauquenot, is a local artist and professional muralist specializing in wildlife
paintings with a stained-glass aesthetic. The artist is the recipient of the 2022 Anne McKee
Artist Fund grant and is proposing to use the grant for all the costs associated with the mural to
be featured on the Northeast wall (facing White Street) of the racquetball court at Higgs Beach.
The project is estimated to take two (2) weeks and will not impact parking or access to the park.
All costs associated with the project are paid for by the Artist through the grant funding. As a
grant funded project, the artist will work on a specific timeline and is looking to secure the
location of the mural.
The stained-glass aesthetic is a gentle reminder of how fragile the ecosystem is in the Florida
Keys. It is the intention of the artist that his mural will increase awareness and conservation of
our native wildlife which will inspire generations for years to come.
Exhibit B contains the Certificate of Installation and Authenticity which will be executed and
provided by the Artist upon installation of the mural. The Bill of Sale also requires execution by
the Mayor so this item request authority for the Mayor to execute the Bill of Sale upon receipt.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Fauquenot Ben_Art Donation Agreement_04.11.23 (Rev)
Public Art Donation- Two Blue Herons Proposal
Art in Public Places Committee Agenda 11.16.2022
Gift Policy - Resolution 152-2013_201311191318556299 (005)
FINANCIAL IMPACT:
Effective Date: 4/19/2023
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Minimal maintenance costs in future.
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: Donation
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: Yes [pending BOCC approval]
Additional Details: Value of donated art work is $9,000. Per the Agreement, Monroe County
will be responsible for the future minor maintenance costs.
REVIEWED BY:
Nathalia Mellies Archer Completed 04/11/2023 9:19 AM
John Allen Completed 04/11/2023 9:35 AM
Patricia Eables Completed 04/11/2023 10:10 AM
Purchasing Completed 04/11/2023 10:12 AM
Budget and Finance Completed 04/11/2023 11:31 AM
Risk Management Completed 04/11/2023 11:45 AM
Lindsey Ballard Completed 04/12/2023 9:52 AM
Board of County Commissioners Pending 04/19/2023 9:00 AM
42N|affianda Ave
Key West,FL33D4D
(707)47E7477
wd||mtarmdemiq:n&nm4iiCmnm
March 29, 2023
To Whom This May Concern,
| am writing to Monroe County Parks and Beanheu, the County Commission, and the people of Monroe County for
consideration of public artwork for permanent donation. My name is Benjamin Fauquenct. | am a local artist and
founder of Wall Stars Design, LLC. I am a muralist specializing in wildlife paintings with a stained glass aesthetic. My
current portfolio iu available skVVa||starudeuign.nonn.
I have been awarded the Anne McKee Artist Fund Grant for 2022 and am currently looking for a location for a public art
project. I am interested in installing an original aerosol art mural titled Two Blue Herons measuring 24'X1 4'. This work will
be completed in aerosol acrylic on concrete with a marine grade UV protectant clear coat.With your help the proposed
mural would be featured on the north east wall of the racquetball courts at Higgs Beach (facing White St)The mural will
feature two blue herons in my signature stained glass style with the intention of increasing awareness and conservation of
our native wildlife.
The project will be completed between May 1. 2023 and June 1.2023.AU paint and supplies will be paid for by the grant
This project will require a hydraulic scissor lift to complete. | have completed extensive safety and fall prevention in my
previous employment as an electrician and am able to obtain insurance for this project should you require it.
As a project funded by the Anne McKee Artist Grant Foundation I am required to include recognition for them in this
project.A small plaque will be installed by the artist at the mural site providing such recognition.
Thank you for your time and consideration of this offer. Please feel free to contact me with any questions you may have.
Best regards,
Benjamin FaUqUeOof
OmV0Bir,Wa�kl Stars0Bsig0
Artist Benjarnhi Fauquenot
'11-1-1-Ae, "11"wo Nue I lerons
Suze- 24,'X1 4'
I ocation- I figgs Beach IMernor4l IPark, IRacquetba kl Couirts INoirth East fading waIkl
Date, IMay 1, 202'1:3...June 1, 202'1:3
Medurn- Aeirosdl Aciryhc on IPauiiited Concirete
I ffethrne IMahitenance Cost Every 5 years the irnu. 114l shmfld I IHIghtly Ipiressuire washed and recoated wh-h
rnaidne girade dear coal, UV protectant We recornirnend Sherwhi Mlharns Sheir.-Olear, currently esfirnated at
$100/ gaL Esfirnated Ipauiit ineeded to recoat us 1 ga�klon of Ipauiit. Esfirnated firne to cornp�lete the rnahitenaince
us 4 Ihours totaL
��I / i/ „ ,S "ryV ' "r w �,��/ //
.......................
Monroe County Art in Public Places Donation Agreement
This AGREEMENT dated the day of , 2023, is entered
into by and between MONROE COUNTY, FLORIDA ("COUNTY") or ("BOCC"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, and BENJAMIN FAUQUENOT, ("ARTIST"), whose address is 42
Allamanda Avenue, Key West, Florida 33040.
WHEREAS, BENJAMIN FAUQUENOT, has submitted a proposal for a mural
depicting two (2) blue herons done in a `stained glass' style to be located on one of the
walls of the racquetball court at the Clarence S. Higgs Memorial Beach in Key West,
Monroe County, Florida; and
WHEREAS, ARTIST wishes to donate his artwork to Monroe County; and
WHEREAS, the BOCC desires to promote understanding and awareness of the
visual arts and to enrich the public environment for residents and visitors; and
WHEREAS, the BOCC desires to acquire public artwork to be installed, placed,
and/or located at the Clarence S. Higgs Memorial Beach in Key West, Monroe County,
Florida; and
WHEREAS, in conformity with Monroe County Board of County
Commissioners Resolution 152-2013, which establishes a gift policy for donation or
loans of works of art to Monroe County, the ARTIST and his artwork were recommended
for approval by the Art in Public Places Committee ("AIPP") to provide proposed public
artwork for this location.
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 commence upon approval of the
Agreement by Monroe County and notification to the ARTIST of such approval and shall
terminate upon final completion of the Project which shall be sixty (60) days thereafter,
unless terminated earlier under Paragraphs 15 and 16 of this Agreement.
2. SCOPE OF AGREEMENT: The ARTIST shall perform all services, and provide
and furnish all supplies, materials, and equipment as necessary for transportation,
creation, and installation of artwork as follows:
Artwork: A Mural titled, "Two Blue Herons", as depicted in the ARTIST's Proposal
which is attached hereto as Exhibit A and made part of this Agreement.
ARTIST shall confer with and coordinate activities with John Allen, Director of
Parks & Beaches, in order to ensure that there is as much cooperation and
cohesiveness in the incorporation of the art in or around the structure so that there
Page 1 of 16
shall be the least amount of interference between the ARTIST and the public and
Monroe County employees.
All work performed under this Agreement shall be done in a professional manner.
County agrees to provide the ARTIST reasonable access to the site to prepare the
public artwork for managing the installation. ARTIST may not obstruct access to the
entrance to the project and ARTIST shall be responsible for securing the installation
site to protect the public from any hazards that may arise during preparation of the
site or installation of the public artwork.
All labor, supplies, materials and equipment under this agreement shall be provided at
the sole cost of the Artist.
Pursuant to Resolution 152-2013, ARTIST shall execute the Certification of the
installation of the artwork and a written Bill of Sale conveying the work to the
COUNTY attached as Exhibit B.
3. REPRESENTATIONS AND WARRANTIES. ARTIST represents and warrants
that the artwork, as fabricated and installed, will be free from defects in material and
workmanship which cause or accelerate deterioration of the artwork and that reasonable
maintenance of the artwork will not require procedures substantially in excess of those
described in the ARTIST's maintenance recommendations or proposal. The warranties
described in this Article shall survive for a period of five (5) years after final acceptance
of the artwork, with periodic required maintenance by the County, according to
instructions provided by the ARTIST. The County shall give written notice to the
ARTIST of any breach of this warranty during the five (5) year period. The ARTIST
shall, at no cost to the County, cure reasonably and promptly the breach of warranty by
means of repair, restoration, refurbishing, re-creation, or replacing the artwork.
ARTIST represents and warrants that ARTIST is the original and only creator of the
Artwork. ARTIST represents and warrants that ARTIST is the sole owner of the
Artwork. ARTIST further represents that ARTIST is the sole owner of any and all
copyrights and other intellectual rights pertaining to Artwork. ARTIST represents and
warrants that the Artwork is free and clear of any liens and that there are no outstanding
disputes in connection with property rights, intellectual property rights, or any other
rights in the Artwork or parts of the Artwork. ARTIST does hereby indemnify and hold
County harmless from and against any and all claims and liabilities that may arise as a
result of any breach of the foregoing representations and warranties.
ARTIST represents to COUNTY that ARTIST has the professional expertise, talent,
experience, and manpower to perform the services to be provided by ARTIST pursuant to
the terms of this Agreement.
All documents, plans, work products, materials, equipment, and tools belonging to
County will be furnished to County upon completion and/or termination of the
agreement, whichever occurs first.
Page 2 of 16
4. 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.
County reserves the right to retain the services of Artist for any future repairs and/or
restorations of the artwork that may become necessary.
5. OWNERSHIP AND RIGHTS: Upon the installation of the artwork and
acceptance by the County, the County shall own the artwork and title to the artwork shall
pass to the County. 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., to the extent that the artwork may be removed, adjusted, replaced, and/or relocated, as
deemed necessary by the County without obtaining a waiver or permission from the
ARTIST, and that modification to the artwork resulting from conservation or public
presentation involving lighting and placement is not prohibited modification or
considered alteration, distortion, or mutilation of the artwork. ARTIST agrees that the
County as owner of the building, structure, 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, structure, 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. MAINTENANCE OF RECORDS: The ARTIST shall keep such books,
records, and documents directly pertinent to performance under this agreement with
generally accepted accounting principles consistently applied. Records shall be
retained for a period of seven (7) years from the termination of this Agreement or for a
period of three (3) years from the submission of the final expenditure report as per 2
C.F.R. §200.33, if applicable, whichever is greater. Each party to this Agreement or
their authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of the
Agreement and for seven (7)years following the termination of this Agreement.
For Public Records requirements see paragraph 24 below.
7. 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 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 County or the Monroe County Office of the
Clerk of Court and Comptroller(hereinafter referred to as "County Clerk") to substantiate
charges related to this agreement, and all other agreements, sources of information and
matters that may in County's or the County Clerk's reasonable judgment have any
Page 3 of 16
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 County's representative and/or
agents or the County Clerk. County or County Clerk may also conduct verifications such
as, but not limited to, counting employees at the job site, witnessing the distribution of
payroll, verifying payroll computations, overhead computations, observing vendor and
supplier payments, miscellaneous allocations, special charges, verifying information and
amounts through interviews and written confirmations with employees, Subcontractors,
suppliers, and contractor's representatives. All records shall be kept for ten (10) years
after Final Completion of the Project. The County Clerk possesses the independent
authority to conduct an audit of Records, assets, and activities 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 or were wrongfully retained by the CONTRACTOR, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to
Section 55.03, Fla. Stat., running from the date the monies were paid to CONTRACTOR.
The right to audit provisions survive the termination or expiration of this Agreement.
8. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the
terms of this Agreement shall be only amended in writing and approved by the BOCC.
Extensions of time to complete any terms or conditions of this Agreement must be made
in writing and may be approved only by the BOCC, which said consent shall not be
unreasonably withheld.
9. ASSIGNMENT/SUBCONTRACT. ARTIST shall not assign or subcontract its
obligations under this Agreement to others, except in writing and with the prior written
approval of the Board of County Commissioners of Monroe County, which approval
shall be subject to such conditions and provisions as the Board may deem necessary. This
paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or subcontractor shall comply with all of the provisions of this Agreement.
Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the Board.
10. INDEPENDENT ARTIST: 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 the 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.
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and ARTIST 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 Agreement entered into by the
COUNTY be required to contain any provision for waiver.
Page 4 of 16
12. COMPLIANCE WITH LAW: In carrying out its obligations under this
agreement, the ARTIST shall abide by all laws of the Federal and State government,
statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of
this agreement, including those now in effect and hereafter adopted. Compliance with all
laws includes, but is not limited to, the immigration laws of the Federal and State
government. 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.
13. HOLD HARMLESS/INDEMNIFICATION: The ARTIST hereby agrees to
indemnify and hold harmless the BOCC, AIPP Committee and Monroe County and any
of their officers and employees from and against any and all claims, liabilities, litigation,
causes of action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or judgments arising
directly or indirectly under this agreement. The ARTIST shall immediately give notice to
the County of any suit, claim or action made against the County that is related to the
activity under this Agreement and will cooperate with the County in the investigation
arising as a result of any suit, action or claim related to this Agreement. Artist will, at
Artist's own cost and expense, defend and protect the County against any and all such
claims or demands which may be claimed to have arisen as a result of or in connection
with the Artwork. This indemnification shall survive the termination or expiration of this
Agreement.
14. ANTI-KICKBACK: The ARTIST warrants that no person has been employed or
retained to solicit or secure this agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or officer of
the County has any interest, financially or otherwise, in the said funded project, except
for general membership. For breach or violation of this warranty, the County shall have
the right to 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.
15. TERMINATION: This agreement shall terminate pursuant to Paragraph 41.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this Agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to allow
the continuation of this Agreement pursuant to the terms specified herein, this Agreement
may then be terminated immediately by written notice of termination delivered in person
or by mail to ARTIST. The County and ARTIST may terminate this Agreement without
cause upon giving five (5) days' written notice of termination to the other party. The
County shall not be obligated to pay for any services or goods provided by ARTIST after
ARTIST has received written notice of termination.
Page 5 of 16
16. TERMINATION FOR BREACH: The County may immediately terminate this
agreement for any breach of the terms contained herein. Such termination shall take
place immediately upon receipt of written notice of said termination. Any waiver of any
breach of covenants herein contained to be kept and performed by ARTIST shall not be
deemed or considered as a continuing waiver and shall not operate to bar or prevent the
County from declaring a forfeiture for any succeeding breach either of the same
conditions or of any other conditions. For Contracts of any amount, if the County
determines that the Contractor/Consultant has submitted a false certification under
Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies
that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the
option of (1) terminating the Agreement after it has given the Contractor/Consultant
written notice and an opportunity to demonstrate the agency's determination of false
certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2)
maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are
met.
17. ETHICS CLAUSE: ARTIST warrants that he has not employed, retained, or
otherwise had act on his behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the County
may, at its discretion terminate this agreement without liability and may also, at its
discretion, deduct from the agreement or purchase price, or otherwise recover, the full
amount of any fee, commission, percentage, gift, or consideration paid to the former or
present County officer or employee.
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 a contract to provide 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 public entity, may not be awarded or perform work as a contractor,
supplier, sub-contractor, or consultant under an agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list." ARTIST represents
that ARTIST is not on the Convicted Vendor list.
19. LICENSING AND PERMITS: ARTIST warrants that he 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. ARTIST shall
possess proper licenses to perform work in accordance with these specifications
throughout the term of this Agreement.
20. DISCLOSURE AND CONFLICT OF INTEREST. ARTIST represents that it, its
directors, principals and employees, presently have no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the
performance of services required by this contract, as provided in Sect. 112.311, et. seq.,
Page 6 of 16
Florida Statutes. 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.
Upon execution of this contract, and thereafter as changes may require, the ARTIST shall
notify the COUNTY of any financial interest it may have in any and all programs in
Monroe County which the ARTIST sponsors, endorses, recommends, supervises, or
requires for counseling, assistance, evaluation, or treatment. This provision shall apply
whether or not such program is required by statute, as a condition of probation, or is
provided on a voluntary basis.
21. INSURANCE: ARTIST agrees that it maintains in force at its own expense a
liability insurance policy which will insure and indemnify the ARTIST and the County
from any suits, claims or actions brought by any person or persons and from all costs and
expenses occurring during the agreement or thereafter that results from performance by
ARTIST of the obligations set forth in this agreement. At all times during the term of the
agreement and for one (1) year after acceptance of the project, unless the requirement is
waived by the Monroe County Risk Manager, ARTIST shall maintain on file with the
County a certificate of the insurance of the carriers showing that the aforesaid insurance
policy is in effect. All insurance policies must specify that they are not subject to
cancellation, non-renewal, material change or reduction in coverage unless a minimum of
thirty (30) days prior notification is given to the County by the insurer.
Acceptance and/or approval of ARTIST's insurance shall not be construed as relieving
ARTIST from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies except worker's compensation.
Any deviations from these General Insurance Requirements must be requested in writing
on the County form titled "Request for Waiver of Insurance Requirements" and must be
approved by Monroe County Risk Management. The following coverages shall be
provided prior to commencement of work governed by this contract:
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.
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
Page 7 of 16
• 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.
23.NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and ARTIST 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 Agreement entered into by the
COUNTY be required to contain any provision for waiver.
24.PUBLIC RECORDS COMPLIANCE: ARTIST must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
Article I of the Constitution of Florida. The County and 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 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 parry, 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 provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the ARTIST is
required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
Page 8 of 16
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all
public records in possession of the 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 keeps 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. An ARTIST 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 ARTIST HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
ARTIST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470,
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
Page 9 of 16
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 after receipt of the ARTIST
certification. 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.
26.NONDISCRIMINATION: COUNTY and ARTIST agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the part of any parry,
effective the date of the court order. COUNTY or ARTIST 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 VI 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 disability; 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; and 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.
27.NO SOLICITATION/PAYMENT. COUNTY and ARTIST warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual, or firm, other
than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the ARTIST agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission,percentage, gift, or consideration.
Page 10 of 16
28.NO PLEDGE OF CREDIT: ARTIST shall not pledge the COUNTY'S credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment,
lien, or any form of indebtedness. ARTIST further warrants and represents that it has no
obligation or indebtedness that would impair its ability to fulfill the terms of this contract.
29. TAXES: COUNTY is exempt from payment of Florida State Sales and Use taxes.
ARTIST shall not be exempted by virtue of the COUNTY'S exemption from paying sales
tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
ARTIST authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. ARTIST shall be responsible for any and all taxes, or payments of withholding,
related to services rendered under this Agreement.
30.NOTICE: All written correspondence to the COUNTY shall be dated and signed
by an authorized representative of the ARTIST. Any written notices or correspondence
required or permitted under this Agreement shall be sent by United States Mail, certified,
return receipt requested,postage pre-paid, or by courier with proof of delivery. The place
of giving Notice shall remain the same as set forth herein until changed in writing in the
manner provided in this paragraph. Notice is deemed received by ARTIST when hand
delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt
or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the
following persons:
For ARTIST For County
Ben Fauquenot County Administrator
42 Alamanda Avenue 1100 Simonton Street
Key West, FL 33040 Key West, FL 33040
and
County Attorney
P.O. Box 1026
Key West, FL 33041-1026
31. AUTHORITY: ARTIST warrants that it is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each party
represents and warrants to the other that the execution, delivery, and performance of this
Agreement have been duly authorized by all necessary COUNTY and corporate action,
as required by law. Each parry agrees that it has had ample opportunity to submit this
Contract to legal counsel of its choice and enters into this Agreement freely, voluntarily,
and with advice of counsel.
32. CLAIMS FOR FEDERAL OR STATE AID: ARTIST and COUNTY agree that
each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each parry prior to submission.
Page 11 of 16
Any conditions imposed as a result of funding that affect the Project will be provided to
each parry.
33.PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the COUNTY
shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of
the COUNTY.
34. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to,
nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
35.NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to
rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce
any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the COUNTY and the ARTIST agree that neither the COUNTY nor the
ARTIST or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity
or entities, have entitlements or benefits under this Agreement separate and apart, inferior
to, or superior to the community in general or for the purposes contemplated in this
Agreement.
36. ATTESTATIONS: ARTIST agrees to execute such documents as the COUNTY
may reasonably require, to include, but not limited to, a Scrutinized Companies Affidavit,
Public Entity Crime Statement, an Ethics Statement, Non-Collusion Statement, a Drug-
Free Workplace Statement attached hereto as Exhibit C.
37.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.
38. SECTION HEADINGS: Section headings have been inserted in this Agreement
as a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Agreement and will not be used in the interpretation of any provision
of this Agreement.
Page 12 of 16
39. AGREEMENTS WITH SUBCONTRACTORS: In the event that the ARTIST
subcontracts any or all of the work in this Project to any third parry, 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 its subcontractors shall include the County as
additional insured.
40. E-VERIFY SYSTEM: Beginning January 1, 2021, in accordance with Fla. Stat.,
Sec. 448.095, if applicable, the ARTIST and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
work authorization status of all new employees hired by the 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 Fla. Stat., Sec. 448.095.
41. CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed
more strictly against one parry than against another merely by virtue of the fact that it
may have been prepared by one of the parties, it being acknowledged that both the
ARTIST and the COUNTY have substantially and materially contributed to the
preparation thereof.
42. COVENANT OF NO INTEREST: COUNTY and ARTIST covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of
each is to perform and receive benefits as recited in this Agreement.
43.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 Parry's
control, without such Party's fault or negligence and that by its nature could not have
been foreseen by such Parry 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; (f)
action by any governmental authority prohibiting work in the geographic area of the
Project; (each, a "Uncontrollable Circumstance"). ARTIST'S financial inability to
perform, changes in cost or availability of materials, components, or services, market
conditions, or supplier actions or contract disputes will not excuse performance by
ARTIST under this Section. ARTIST shall give COUNTY written notice within seven
(7) days of any event or circumstance that is reasonably likely to result in an
Page 13 of 16
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 a no cost Change Order for such reasonable time as the County's Representative
may determine.
44. 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.
45. ADJUDICATION OF DISPUTES OR DISAGREEMENTS; MEDIATION:
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 parry
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 15 and 16 of this Agreement concerning
termination or cancellation.
The COUNTY and ARTIST agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
46. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and ARTIST agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County,
Florida. The Parties waive their rights to trial by jury.
47. 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 parry
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing parry, at all levels of the court
system, and shall including in appellate proceedings.
48. SEVERABIL,ITY: 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
Page 14 of 16
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.
49. ENTIRE AGREEMENT: This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the COUNTY and the ARTIST.
50. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any authorized representative
of COUNTY and ARTIST hereto may execute this Agreement by signing any such
counterpart.
51. EFFECTIVE DATE: This Agreement shall become effective ("Effective Date")
upon the date this Agreement is approved by the BOCC.
[SIGNATURES ON NEXT PAGE]
Page 15 of 16
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 other witnesses.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
DATE:
WITNESSES: ARTIST: BENJAMIN FAUQUENOT
1)
Signature Signature
Print Name Print Name
DATE: DATE:
2)
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Signature Mon r ounty Attorney's Office
_
04/11/2023
N thaIts MeI ies Archer
Print Name Assi tart County Attorney
DATE:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by means of [ ] physical
presence, or [ ] online notarization, this day of 2023, by
authorized person of on
behalf of the Company.
Signature of Notary Public-State of Florida
Name of Notary
Personally Known OR Produced Identification
Type of Identification
Produced
Page 16 of 16
EXHIBIT A
42N|affianda Ave
Key West,FL33D4D
(707)47E7477
wd||mtarmdemiq:n&nm4iiCmnm
March 29, 2023
To Whom This May Concern,
| am writing to Monroe County Parks and Beanheu, the County Commission,and the people of Monroe County for
consideration of public artwork for permanent donation. My name is Benjamin Fauquenct. | am a local artist and
founder of Wall Stars Design, LLC. I am a muralist specializing in wildlife paintings with a stained glass aesthetic. My
current portfolio iu available skVVa||starudeuign.nonn.
I have been awarded the Anne McKee Artist Fund Grant for 2022 and am currently looking for a location for a public art
project. I am interested in installing an original aerosol art mural titled Two Blue Herons measuring 24'X1 4'.This work will
be completed in aerosol acrylic on concrete with a marine grade UV protectant clear coat.With your help the proposed
mural would be featured on the north east wall of the racquetball courts at Higgs Beach (facing White St)The mural will
feature two blue herons in my signature stained glass style with the intention of increasing awareness and conservation of
our native wildlife.
The project will be completed between May 1. 2023 and June 1.2023.AU paint and supplies will be paid for by the grant
This project will require a hydraulic scissor lift to complete. | have completed extensive safety and fall prevention in my
previous employment as an electrician and am able to obtain insurance for this project should you require it.
As a project funded by the Anne McKee Artist Grant Foundation I am required to include recognition for them in this
project.A small plaque will be installed by the artist at the mural site providing such recognition.
Thank you for your time and consideration of this offer. Please feel free to contact me with any questions you may have.
Best regards,
Benjamin FaUqUeOof
OmV0Bir,Wa�kl Stars0Bsig0
Artist Benjarnhi Fauquenot
'11-1-1-Ae, "11"wo Nue I lerons
Suze- 24,'X1 4'
I ocation- I figgs Beach IMernor4l IPark, IRacquetba kl Couirts INoirth East fading waIkl
Date, IMay 1, 202'1:3...June 1, 202'1:3
Medurn- Aeirosdl Aciryhc on IPauiiited Concirete
I ffethrne IMahitenance Cost Every 5 years the irnu. 114l shmfld I IHIghtly Ipiressuire washed and recoated wh-h
rnaidne girade dear coal, UV protectant We recornirnend Sherwhi Mlharns Sheir.-Olear, currently esfirnated at
$100/ gaL Esfirnated Ipauiit ineeded to recoat us 1 ga�klon of Ipauiit. Esfirnated firne to cornp�lete the rnahitenaince
us 4 Ihours totaL
��I / i/ „ ,S "ryV ' "r w �,��/ //
.......................
EXHIBIT B
GIFT BILL OF SALE,ABSOLUTE
KNOW ALL MEN BY THESE PRESENTS, that the below referenced item was given to the
"buyer". No money exchanged hands and no work, goods or other consideration was performed or
provided in exchange for the transfer of said item described as:
TWO BLUE HERONS
WORK OF ART CONSISTING OF A MURAL DEPICTING
TWO BLUE HERONS DONE IN A `STAINED GLASS' STYLE
APPROXIMATE VALUE: $ 9,000.00
Buyers Name: Monroe County BOCC
Buyers Address: 1100 Simonton Street
Key West, Florida 33040
I, as seller, do vouch to be the true and lawful owner of said ARTWORK, the same is free and
clear of all liens and encumbrances, and that I have full power, right and lawful authority to dispose of this
item.
I(We), buyer and seller, certify that the above facts are true and correct.
IN WITNESS WHEREOF, the seller has caused these presents to be signed on this day of
, 2023.
SELLER: BENJAMIN FAUQUENOT
By
STATE OF FLORIDA Signature
COUNTY OF MONROE
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ] physical
presence or [ ] online notarization this day of , 2023, by
Signature of Notary Public-State of Florida
Name of Notary
My Commission Expires:
Personally Known OR Produced Identification
Type of Identification
Produced
BUYER: MONROE COUNTY BOCC
(SEAL)
ATTEST: KEVIN MADOK
By: By:
As Deputy Clerk Mayor/Chairperson
CERTIFICATE OF INSTALLATION AND AUTHENTICITY
I, BEN FAUQUENOT, of Key West, Florida, do hereby certify that I have installed an original
aerosol art mural titled "Two Blue Herons" on the northeast wall of the racquetball courts at Higgs Beach,
facing White Street, in Key West, Florida. I have installed this mural as a public art project fulfilling my
requirements under an Anne McKee Artist Fund Grant Award for 2022. The installation of the artwork was
completed on , 2023, at no cost to Monroe County.
The mural is completed in aerosol acrylic on concrete with a marine grade UV protectant clear coat.
The artwork is done in my signature-stained glass aesthetic style with dimensions that measure 24'xl4'.
For future maintenance of the mural, the artwork should be pressure washed and recoated with a marine
grade clear coat UV protectant, such as Sherwin-Williams Sher-Clear, every five (5)years.
There are no lien, claims, or encumbrances associated with the artwork as a result of the original
installation. I hereby assign any warranties that I may have for the materials used in the installation of the
artwork.
IN WITNESS WHEREOF, the I have hereunto executed this Certification of Installation and
Authenticity on this day of , 2023.
SELLER: BENJAMIN FAUQUENOT
By:
Signature
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ] physical
presence or [ ] online notarization this day of , 2023, by
Signature of Notary Public-State of Florida
Name of Notary
My Commission Expires:
Personally Known OR Produced Identification
Type of Identification
Produced
EXHIBIT C
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
l. I am
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
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 that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature of Proposer) (Date)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 2023, by
Signature of Notary Public-State of Florida
Name of Notary
My Commission Expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 1 of 6
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
VV
(Company)
warrants that he/she/it has not employed,retained or otherwise had act on his/her/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:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 2023, by
Signature of Notary Public-State of Florida
Name of Notary
My Commission Expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 2 of 6
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that:
(Name of Proposer)
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 requires the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, for 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.
Proposer's Signature
STATE OF FLORIDA Date
COUNTY OF MONROE
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 2023, by
Signature of Notary Public-State of Florida
Name of Notary
My Commission Expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 3 of 6
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 a contract to provide 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 a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant 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 thirty-six (36) months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
(Signature)
Date:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of [ ]
physical presence or [ ] online notarization this day of 2023, by
Signature of Notary Public-State of Florida
Name of Notary
My Commission Expires:
Personally Known OR Produced Identification
Type of Identification
Produced
Page 4 of 6
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address:
City: State: Zip:
Phone Number Email Address:
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the 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.
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.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties,attorney's fees, and/or costs.I further understand that any contract with
the COUNTY may be terminated,at the option of the COUNTY,if the company is found to have submitted
a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel.
Certified By: who is authorized to sign
on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
IY1i L Yb„��o irif r-inaYtiorb/C"C'rivict �� ....`pus
discriinirigt��,�,cc�xY I.q rits verido lists
Page 5 of 6
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:
Project or Service:
Contractor/Vendor
Address &Phone #:
General Scope of Work:
Reason for Waiver or
Modification:
Policies Waiver or
Modification will apply to:
Signature of Contractor/Vendor:
Date: Approved Not Approved
Risk Management Signature:
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Page 6 of 6
N
-� C
...
RESOLUTION NO.152-2013
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ESTABLISHING A GIFT POLICY FOR DONATION OR,. -v
LOANS OF WORKS OF ART TO MONROE COUNTY - �.
o =
t
WHEREAS, the Board of County Commissioners recognizes the importance of the development,
preservation,promotion and enjoyment of the arts;and
WHEREAS,Monroe County Ordinance No. 022-2001 established the Arts in Public Places Committee
as an advisory committee to the County Commission;and
WHEREAS, the Board of County Commissioners acknowledges that in is the public interest for the
county to have a policy for the review,acceptance and placement of gifts of works of art or loans of art to
Monroe County;
WHEREAS,at present there is no applicable policy in place for the donation of pieces of art or for the
loan of pieces of art to the county;and
THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA,THAT:
1. The County hereby approves the Policy for Gift or Loan of Public Art to Monroe County,
as attached hereto and made a part hereof as Exhibit"A".
2. The policy applies when unsolicited gifts of works of art or unsolicited temporary loans
of works of art are offered to the County.
3. The purpose of the policy is to assign the review of proposed works of art to a single
committee,the Arts in Public Places Committee and to provide a structured method for evaluation by that
committee.
4. The policy will serve to evaluate unsolicited works of art rather than have individual
proposers bring every work of art directly to the Board of County Commissioners for approval. The Art
in Public Places Committee will apply the policy to determine whether to recommend a particular work of
art to the Board of County Commissioners for approval.
PASSED AND ADOPTED by the Board of County Commissioner of Monroe County Florida,at
the regular meeting of said Board held on the 15 th day May 20I3,
Mayor George Neugent Yes
Mayor Pro Tern Heather Carruthers Yes
Commissioner Danny L.Kolhage Yes
Commissioner David Rice Yes w �-
f Commissioner Sylvia Murphy Yes o -�LM
� ° coo
$s BOARD OF COUNTY COMMISSIONERS Q o cai a
Y HEAVILIN,Cl rk MONROE COUNTY,FLORIDA F
Z -' 3 z
Q
QD 20
�s BAUMY �a �.r/�v U j M.
y J Z
�'+ pasty Clerk "Mayor/diairperson a Q Q y
Z p ro E
� Q �
4
POLICY FOR GIFT OR LOAN OF PUBLIC ART
TO MONROE COUNTY
This policy is intended to parallel the procedures in place for commission of Works of Art under the
Monroe County Ordinance#022-2001 and the program for rotating art in public buildings. This policy
applies to all unsolicited offers of donation of artworks except those commissioned by the Art is Public
Places(AIM Program governed by Monroe County Ordinance 022-2001 regardless of the source of the
artwork or funding for the donated artwork or artwork loaned under the County's rotating art in public
buildings program Unsolicited gifts to Monroe County can be an important part of the County's an
collection.Proposed gifts of public art shall undergo a review process to ensure that acceptance of such
gifts takes place in a fair and uniform manner. Potential gifts to the County are evaluated as carefully as
works that are purchased or commissioned and undergo a careful review process that evaluates the gift on
acceptance criteria according to the purposes,guidelines,goals and selection process that guides the Art
in Public Places Program as a whole.
The County will not accept monetary gifts.
Procedures for Gifts:
For each proposed gift of public art a written proposal or letter of intent must be submitted to the County
Administrator. The proposal must include specifications of the proposed gift,including:artist,title,
dimensions,materials,date,and proposed location(if appropriate). The Administrator will refer the
proposal to the Art in Public Places(AIPP)Committee through the Arts Council staff for review. The
AIPP Committee will recommend disposition of the offer to the Board of County Commissioners whose
decision is final.
Conflicts of Interest:
Gifts will be accepted by Monroe County as a political subdivision of the State of Florida.No individual
within the County is able to accept gifts. Consideration is given to the context in which the gift is offered
in order to ensure that the gift is not being given to influence or reward Monroe County or members,
employees or elected officials of the County.
Principles on Which Decisions to Accept Memorial or Plaques will be Evaluated:
Memorials can be achieved through gifts of artwork. Monetary donations will not be accepted.
Memorial gifts will be judged on the following criteria to determine appropriateness:
•The memorial represents broad community values and has timeless qualities that are meaningful to
future generations.
•The location under consideration is an appropriate setting for such a memorial;in general,there
should be some specific geographic justification for the memorial being located in a specific site.
Donors of memorials are asked to consider the primary uses of the public space or facility in their request
for a suitable location for the memorial. While the County acknowledges that appropriate memorials
enrich visitor experiences,public open space is a very precious commodity,and monuments,memorials
and plaques will be carefully reviewed to balance these two public benefits to protect the greater good. It
is recognized that a particular location may reach a saturation point for memorials,and therefore the Art
in Public Places Committee may consider limitations or a moratorium of future memorial installations at
that particular location or area.
i
Art in Public Places Committee Review of Potential Gifts:
The Art in Public Places Committee will review potential gifts and recommend acceptance or rejection to
the Board of County Commissioners.A recommendation to accept a gift of public art will be delineated in
an acceptance agreement between the County and the donor.This agreement will describe the terms and
conditions under which the art is to be accepted,including responsibilities for fabrication,installation,site
preparation,insurance,ongoing maintenance,conservation,etc. In cases where a donor has specified a
site for the proposed artwork,the artwork must have the endorsement and approval for installation from
the County division/department that oversees the site and the director of the site's primary resident
organization(s).Specific plans for site design,installation,and maintenance will be submitted for all
necessary approvals.Costs for engineering,inspections,and approvals shall be borne by the donor.The
artwork may not deviate from the proposal approved by the Art in Public Places Committee unless the
Committee approves such change in writing. Works of art accepted on the basis of maquettes or drawings
will be subject to a review process,including inspection by appropriate County officials during
fabrication and installation.
Criteria for Acceptance of Proposed Gifts or Loans of Art:
The review process will ensure that:
• Artworks must be one-of-a-kind or part of an original series. Reproductions of originals are not
considered eligible for acceptance. Under certain circumstances the Art in Public Places Committee
may waive this requirement.
• Gifts must maintain high artistic standards for artworks in the County's public art collection and are
appropriate in relationship or historical relevance to the County.
• The site available is appropriate to the artwork's content,scale,and material.Factors to be
considered in selecting an appropriate site include relationship to architectural and natural features,
visibility and public access,traffic patterns,future development plans for area,if known,and public
use patterns of the site.
• Restrictions from the donor,if any,are clearly identified and acceptable to the County as determined
by AIPP;
• Community groups who generate artwork proposals must show that the surrounding community has
been involved and consulted in the process;
• Costs of installation and maintenance and repair over the expected life of the artwork are defined.
Appeal Policy:
All donors or artists,who believe that the AIPP Committee's consideration of their proposal of a gift was
procedurally unfair,unreasonable or inadequate,may appeal the committee's recommendation of
rejection of the proposed gift. No appeals will be entertained on the grounds of the Committee's aesthetic
evaluation of an existing or proposed artwork.
Appeal Procedure:
Before pursuing a formal appeal,the donors and/or artist should seek an informal resolution by way of the
following procedure:
•The donor and/or artist will first re-examine the Acceptance Guidelines;and
•The donor and/or artist will then informally review the Committee procedure with the Director,
Florida Keys Arts Council within three weeks of the date of written notification of the original
decision on the proposed artwork.
Should no resolution be reached,the donor and/or artist may submit a formal appeal by way of a written
request to the Art in Public Places Committee specifying the date on which an informal review of the
2
I
i
3
i
original panel decision was completed,and the factual bases on which the donor claims that the
procedures utilized by the panel in reaching its decision were unfair,unreasonable or inadequate.
The Executive Director,of the Florida Keys Council of the Arts will provide the donor,artist and each
member of the Committee notice,in writing,with at least fourteen days advance notice of the date,time
and place of the appeal in order to enable each of the aforementioned individuals to file written
submissions for consideration and to arrange to appear in order to give a verbal presentation,if desired.
In addition,the Art in Public Places Committee will invite any individual whom it believes may
contribute to the adjudication of the appeal,to appear before it. The deliberations of the Art in Public
Places Committee will be open and available to the public.
Donor Responsibilities and Associated Costs:
For gifts of art to the County the donor is responsible for all costs associated with fabrication and
installation of the artwork or memorial. The donor will also be responsible for engineering specifications,
design and cost of pedestal(or other support/base),identification plaque,special lighting,electrical and j
water hookups,structural support meeting all building codes,and landscaping of site. The donor is
responsible for acquiring all City,County,State or Federal permits necessary for the installation of the '
work,and for paying all costs associated with such permits.
Maintenance:
The donor shall create,with the assistance of a professional conservator,a maintenance plan for care of
the proposed gift and shall include this plan with its proposal. Exorbitant maintenance costs may be
grounds for rejection of a gift. Once the donation has become part of the permanent collection the County
shall be responsible for the inventory,operational expenses and maintenance requirements,in the sole
discretion of the County.
Acceptance of Gifts of Public Art
Once recommended by the Art in Public Places Committee and accepted by the Board of County
Commissioners,gifts of works of art will be deemed part of the permanent collection of Monroe County
once the donor has supplied the County with the following:
• Written certification of the installation of the artwork;
• A written bill of sale conveying title of the work to the County;
• Written instructions for the care,maintenance,preservation and handling of the artwork prepared
with the assistance of a professional art conservator;
• A sworn statement of no liens,claims or other encumbrances associated with the artwork;
• A written assignment of any and all warranties for materials used or labor performed by
subcontractors or other persons;
• A written assignment conveying all rights,including copyrights and waiver of all rights under the
Visual Artist's Rights Act of 1990 and its amendments(Section 106A of the United States Copyright
Act;Pub.L.No. 101-650).
Acceptance of Loans of Public Art
Once recommended by the Art in Public Places Committee and accepted by the Board of County
Commissioners,loans of works of art will be deemed exhibited on temporary basis only after the donor
has supplied the County with the following:
• A fully executed Agreement for Display of Artwork between the lender and the County;
• All insurance as required by the County Risk Management Department;
• A written plan for the transportation,installation and removal of the artwork as per the Agreement 4
for Display of Artwork;
3
i
• Written instructions for the care,maintenance,preservation and handling of the artwork during the
period of display on County property.
Tide and Ownership:
Permanent gifts of artwork to the County will become the property of the County once an Agreement for
Acceptance of a Donation of a Work of Art has been fully executed and the Donor has delivered the Bill
of Sale. At such time,all rights of title and ownership will be conveyed to the County and all future
decisions regarding the use and continued ownership of the artwork will be under the sole discretion of
the County. As owner of the work,the County may exercise any and all legal rights of ownership
including,but not limited to,sale,relocation or removal of the artwork.
Removal,Relocation or Deaccession of an Artwork:
Artworks gifted to the County may be relocated,removed or deaccessioned from the County's public art
collection if the artwork becomes a hazard or liability,or if the approved terms of acceptance are not
fulfilled or for any other reason as determined by the Art in Public Places Committee or Board of County
Commissioners at their sole discretion.
MO R OUN
OE CTY ATTORNEY
PROVED AS TO)FQfJ�
2
NATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
Date-
4
Commiss OM I Dude Somm.
022 2001
AN ORDINANCE MEAT" aft. 2-
RPOR PtM OR ART IN NEW KW=MMON Comm CODE, PROyWO&
NBTRtlCT110N AND MA,70R
R@'EAL OF FOR % PPOINi i;OR T
�OOAPORATZON INTIp � MOIViOE �f% PROY=O�IN6 FOR
CM*" COOS OF ORDINANCES; AND
WHEREAS,the County finds it in the best interest of its citizens to increase Public acces to art;
WHEREAS, the County desires to prorate and
enrich the public awiratment for residents and�a.S now0fvtt� awaren of the visual arts and to
BE IT ORDAINED BY THE BOARD OF COUNTY COMMIMONERS OF OE
RAWDA, COUN��
Sec.2-332(A)is hereby created to read as follows:
available in the of county
°sus recVvzes the extent of culttr�al rearo�s
Intent
of the �development, promotiat,and aV�t of the arts. It is the
the citizens of Phis by eraetirg this a'dkwnm%enrich cuttntnlfy and benefit
Cv-WY through the estoblisfantent of art in public pbces.
for OW)sue WWO (1% °°the mIction oasts for County cstruction,except
inet�adl sand Plant shall be set oads for the acquisition, cmagman,
md"twm"of works of art in sold bui
cmftructian This amply
only to new exeeedaag�as00J000 or�I����stall
a) Constriction costs do not include archIn .
asbestos OW~ or other awirornpal m. site fees,
costa. y
ccw ¢ JA b) All cwwhvction coats to be used for del
the WwW of the
i ; Ne � *all all be oafcukMW ad of the a mwtruetion
0—MROct Is LL d! ....tCD UU
G � _-;:J p C)
J = foorrart in publicplooesp s shall be exempt from ntondntory
P
2) The art-im,"lic-placez
to JYlar�oe C app�priatians and gifts,grants Mans trade
aeoourtteo for at� se o of 00" and kwaping art in public pk cad shall be
caaani an,insfall,or nay
bs used only for the following pw'P to acquire,nwirnMin art in public places
Them is h•eby established an Arts in Public Places Commfftee, which sWl be an
County CommidtiA wL The Arts in Public phase C""Ittes sWl be composted five
in9 sw 6wv and two n w~kg members, and shall have the sole parWn of
�a�9 t'tiponaes to
f
A public Places k for art to be acquired and inrstalled in each public wwtr"001 sub set aside rt, Project subject to the
Endr
aa"'• the tarrn of the Comndss'aw shall appoint one voting member whose term shall r'un
c0n+�i0ne+ s district. There shall "�0 shad! live or work in the appointieg
Morse COW'for the Arts member a is either'a board member �' staff of the
following. Ca'por+ation. Each voting eKmber must repreml one or mars of the
a) working artist;
) art professiamt
landscape architect or interior desig w,
d) curater,or
e) gow I public
on a Pro, � basis. steal!appoint to fhe coy"""the two roof-rioting members shall be f+mnilfar with the prof
posit'"or contract as the architect,the buildkq/pro j� uper� 'visor,or a similar nexus to the prop them
fiwalid,theAUIIMy If any section, subsection, sentence, clause or
Provireminder of this a�dinmm shall not be affected by such elan of this ordinance is held
y.
All ordkonas or parts of ordinw ww ih eoeflitf with this a'd wm are
repealed to the extent of said c f lict, hereby
adEt'I.L The Prw*'Wons of this or'dinranoe shall be included
wW* of the County of Mlonroe,Florida,as ar pe in Cods of
ransnber'ed to eanform to the uniform numbd'i addition or�dnwrt two'ad shall be appropriately
ng system of the code•
Office of the Seer+etolTsis ordinance shall take effect immimmediatelyreceipt of official notice from
the
ry of Starts of the State of Florida that this or&Mm has been filed with said Office,
PASSED AND ADOPTED by the Board of County Commissies of Monroe
elm'meting of said Board held on the 16 th„day of_1Kan 200L Florida,at a
Maya'6eggs Nagent
eo mrpissiam Charles McCoy es
ismew Murray y®—=--_
Dixie Nelson
sPshan'
Nora Willkm yes
yes
E
LKOl.HA6E,Clark BOARD OF COUNTY C0Mk SSIOIERS
�'� ... OF M011i WE COMM RDMA
Mayor/
,IdeMdar't�bldy
'PROVED AS TO FOR
E'LEGAL SUFFIC!
i
i
�FLORVA xgih- na7=7e00
ME" COU ORDINANCE
mcnm i aL Z
100 if,am
Nana 0 TO
�
Published Twice Weekly � �
Marathon, Monroe County, Floridaca.,•er .' •
PROOF OF PUBLICATION
Nco nqr
AN 01101 NO
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARK"" who on
oath, says that he Is PUBLISHER of the TI
e"000e '�
FLORIDA KEYS KEYNOTER, a twice ON
'�!+
weekly newspaper published In Marathon,
In Monroe County, Florida: that the 'd°. I=„rd�d'd&bV
attached copy of advertisement was d w h'"'
published In said news °' """'"nid•paper in the issues �"'d`;i�•
of: (daWs) of pub/icadon)
woars •t tla
am •ddws
wldaAw�raA tht appal In to b.
Affiant further says that the said FLORIDA ar 4%A-=k"i1dji1A-''�
KEYS KEYNOTER is a newspaper published
at Marathon, In said Monroe County, a•a• r . K
Florida, and that the said newspaper has
heretofore been continuously published In �;s•�0D1
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office In Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount, C A o
rebate, commission or refund for they _
Purpose of securing this advertisement for
publication In the said newspapers) and o
that The Florida K y�eYno� in ,ll IQv
_eomnliance with
State Statute on Legal and Official .� n
AdvertisementL r +• c
C.2
O
Swo to an r ed beEreme*
thts. ,Da f 2001
(SEAL)
seAfty IMAM
ry w°1"1**AIM
/ lie.cc srsoa
Kir..w�na�.in
KE)WFSr
EN
3420 Northside Drive Key West Fi. 33040 Office 305-294-6641 Fax 305-294-0768
Pummw Daffy
Kay Wau.Mamoa Comfy.Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G.Erickson,who on oath
says that he is director of the Advertising Department of the Key West Citizen,a daily
newspaper published in Key West,in Monroe County,Florida;that the attached copy of
advertisement,being a lepl notice in the matter of
In the C was published in said newspaper in the issues of
Affiant further says that the Key West Citizen is a newspaper published in Key West,in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County,Florida each day(except Saturdays)and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County,Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person,firm or corporation any discount,rebate,commission or refund for
the purpose of securing this advertisement for public ' n in the said newspaper.
ignature of Affiant
Sworn and subscribed before me this 9 day of 71jajac 2001
4
W A /
I
W = �� gnature of Notary Public
a+. 0EA
"
CD -- � v 0%tnnlf i
ca
J &ia 5&23 s o ry
f+- Pffsonally4known x ' •'
Produced Identification *Type of Identification Produced ��: •OF
yin� �`�
i
t
I)CM OF liff"111IT14301 TO
CONIOM A00P rM OF
NOTICE IS HEREBY GIVEN TO
W�H2O�,M.� .uIIT NCE
MAY 0ORN 00 on
Wed wwIR7r killY IS.2Wl- @I M i
pM at to Kay Uwpo.LibWf.Trade-
winds 3taPPlnp Gentler; Key LAW,
Mamoe Colony,Florida;the Board d
County Conrnblieners of MONae
County, Ftod04 intends to oonefd1
Ise adoption of the,t RIftCOu*
ordnuce:
AN ORDINANCE.0tGATING SEC.
OE COUNTY
Cl�FOR PUNMKGCOW
'.
NiM
STRUc�TIbN AND RENO-
VATIONS PROJEC'M PROVIDING
FOR SEVERAMUTY:PROM'
FOR THE.REpEAL,OF ALI:.9RDi-• ,
NAHICES1NtroKSW IIERE-
wrnt PROVIDING INCORPO-
RATION INTO THE MONROE
COUNTY COtjsCF Q ftNANCES.
AND PROVIDING AN-gM%GTIVE
DATE
Pun uw t 10 Section 288.0105;Flat-
da SWAM I rim e1i jKw VW'8 a
person deddod to eppesl•arry deci-
sion twide by the Boats with mpml
to any er,ffmi •dartal fared at each
he"*o7 ItNsliFtps.Md'#Aiww a
for vich purpose° ^p , n�Madto
enetire tfat a wabadtt rsootd"ot•tfts
pmctisdirgs N ttudea��rltk>f�r000rd
hxkxles the tsetkaatXO ewe
upon. vgid, tlts'.eppssl•N to be
band.
Copies of the abaw4et9mW0d ordl'
rtsttoe are well m fot terlew at the
vatfots pub a Mwa,tta .In Monroe
Counbo Flodd..-
Dated at Kay Weutt•Fitltldo,thls 20M
day of April.20Q1.
pmw L KOL4M Clerk a
Clrtuh court end a
ate Board of County
arr ar Mo. .f�odda
April27 a May A,2001
s
i
i
THL
ft e3440
XiORTERNOTICE
""°'
P.O. R-
0.Box 1197 Trander.Florida 33070.1197 aNAMCE
(305)SU.3216 Fax:(305)80-8240
WNWMY
Bps R
PROOF OF PUBLICATION """"'°"CE'""M°^
FPi `t
STATE OF FLORIDA '
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKLYN HARDER mow.
who on oath,says that she In ASSOCIATE
daidhm+op ,b;
PUBLISHER of THE REPORTER, a weekly
newspaper entitled to publish legal TMe
advertising published at Tavernier, WIN
Monroe County, Florida: that the attached �
copy of advertisement, being LEGAL Mpp"00 10mv
NOTICE in said newspaper in the issue of: MDw►-
PROVC-
THE
�T
April 20 A May 31� 2001
Bowe "`
Afflant further says that THE REPORTER ° ►
is a newspaper published at Tavernier, in ryoomcw0mv-
said Monroe County, Florida, and that the NVWftM4Dpjt0.
said newspaper has heretofore been
continuously published In the said
Monroe County, Florida, each week (on a
Thursday), and has been entered as eaa�w.nore.
second class mail matter at the Post
Office in Tavernier, In said County of
Monroe, Florida, for a period of one year "°'�'0�b•"y"'•
next preceding the first publication of the il
apO01 "�dm.. ,a,�w
attached copy of advertisement; and ""d• a�
oa andIbr
affiant further says that he has neither «whpurphMp ;,�he"h.Ro "
paid nor promised any firm, person, or ""dbOWAVIONOVW.
corporation any discount, rebate, °�1A/0i; �y�,
commission or refund for the purpose of
securing this advertisement fbr
publication in the said newspaper and that bond.
The Reporter Is in full compliance with
Chapter 00 of the Florida State S tutes on «ai+c.dadno.a�
Legal and Official Advertlseme In
0a1ed arK.ywwt,Flo f.
diNVft201hdWaVAprN.
2001
s c re me ':� •�l 7Howww"YKMmAM'Tan
001. H70!{ •7 �NNkm ;wWG1 c K4,11Id L-NM 10 � aratMror
1.Flo
May apt Mamma-
ry The �r.Fy iawsa 4
7049 3400 0005 9118 7036 7099 3400 0005 9116 7005
40
`0 « AM :m O
o�
10
Piet
Ir
a i O
N � O
a Nip way o1-3 oto
ff a
o a Nr ■
M � �$ll
O W A p C C" � Pi
�o N N o O w K r t+ m
r N w rryy " Iv to M o
100 N a o 8 1 �o r► p K $
O N l IIIlot
g
O v W n SO,
F+
Ln
w p v� e I I
O
000 � a
b w�
o + o► y O
No�Lj.. D o is El
rr
•fie` `6 `'•
E
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE BRANCH OFFICE
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE CPLANTATION KEY
C7
3117 OVERSEAS HIGHWAY {
MATEL RATHON, A 33060 �1,yW��A� MWOVMMMHK34WAY
PLANTATI(30512WI745 TEL 1�1G FIARB)A319070
FAX FAX(30�295-3613 TEL M 852-7145
FAX PM M 7146
May 31,2001
Mrs.Liz Cloud,Chief
Bureau of Administrative Code&Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Ka C fted Mail 7099 3400 NOS 9118 700S
Dear Mrs. Cloud,
Enclosed please a find certified copy of the following;
Ordinance No. 022-2001 creating Sec, 2-332(A), Monroe County Cod
funding of art in new'public construction and or rendvadom °��'18 for
s�bf, providing for the repeal of all Ordinances inconsistent h row' providing
rov ding for
incorporation into the Monroe County Code of Ordinances and providing an effective date.
This for
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on May 16,2001. Please file for record.
Danny L.Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G.Han k
Deputy erk
I
May 31,2001 Ordinance 022-2001
Page 2
Cc: Municipal Code Via Cerdfied Mail 7099 3400 0005 9118 7036
County Administrator
County Attorney
Public Works
BOCC
File
DIVI8tOM OF FLORMA DSFAwrmmW OF STATB
office ords Secretary YATION 1lOARDB
Dividon of Admkdoadva savioea 15n1oric Florida UP PMWVWN Board
Divides,Divides,of capmA m HW od1c Fdm Beach Coomy ho n hoo Bond
Dividon of Cuk"Albin Hator c lemaoala hem wtiao Board
DivLiao of EYedm HMade SL Anp edas hentvabm Board
DivLim of Hblari¢al Ramaeras IWemio ThUd mem Phoww dm Board
Divinieeod��faGaraatlion Sanima 18reaie 40 TaComay
Bard {
MB>rt=OF THR FLORMA CABMT FLORIDA DEPARTMENT OF STATE IUN�1M�MUMM;M of ART
Katherlm tlards
Secretary of State
DIVISION OF ELECTIONS
June 5,2001
Honorable Danny L.Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West,Florida 33040
Attention: Pam Hancock,Deputy Clerk
Dear Mr.Kolhage:
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge
receipt of your letter dated May 31, 2001 and certified copy of Monroe County
Ordinance No.022-2001,which was filed in this office on June 4,2001.
Sincerely,
�PtU"
Liz Cloud,Chief
Bureau of Administrative Code
LC/MP
Uj
o a
c�
o� CL. c3ai=
o r�
Li ti >-=w
W Z zv=
J R Q
LL- O
BUREAU OF ADM gLSTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee.Florida 32399-0250 • (850)488-8427
FAX: (850)488-7869 • WWR►Adams: http://www.doLdate • E-Mail: election emaiLdo&stau fJ apt
Municipal Code Corporation
irfolmail.sunicode.tom
PO Pus 2235
Tallahassee, Fl 32316-2235
s �; �/�
Sunlesent 72 06/06/2001 J'JN-Toi l
+start•
0 .20 � `
We have received the folloeing material through 6856045
hard cop}. Thank you for your assistance and
cooperation. i
i
Ofdinance No. 1,22-2001.
TO:
800-262-263' fax 850-5.5-W2 Eli Ms. Pamela G. Hancock
Oe can print Police and Sheriff's manuals. Deputy Clerk
Let us help you get your Manuals up-to-date. Monroe County
Tired of mailing out Codes and Supplement? 500 Uhitehead Stfeet
Ye can distribute thee for you for a minimal fee! Key West. Ft. 33040
e-iail your ords to us at ordsftmail.municode.com
o: rttrrtt.rr.rr.tttrttrrrt.ttrrt. .�tra.r.tttrrrtrttrtrtt,trtrr
Monroe County Art in Public Places Committee
AGENDA
Wednesday, November 16,2022 at NOON via zoom
1. Call to order
2. Approve to Meet via Zoom re: County Resolution 397-2020,and accompanying rules that this meeting is
being conducted in compliance with this resolution,as AIPP committee is an advisory comm.to the BOCC.
3. Approval of Agenda
4. Chair's Remarks—Susann D'Antonio
5. Approval of meeting minutes of October 18, 2022
Project Updates
6. KW International Airport: Updates: Ground-breaking was held on November 2.The County
Administrator Roman will appoint 2-3 non-voting members soon. Working with airport staff to
determine timeline for de-installation/storage of 3 pieces in departure terminal. Will begin
working on the RFP once the next RFQ is complete.
6. New Business: Possible art on loan from Miami- Dade—waiting on details
7. Old Business: ON m0IIN m
a. Working with legal to issue an additional RFQ—awaiting a new Bid Opening Date
b. 3 of 5 re-appointments are on NOV BOCC agenda, hoping other 2 on DEC BOCC
c. The Art Students League of New York Gala 2022—We had a urnairv6lOUS dirne @thanks
to the ongoing generosity of Mr.John Padget—the Arts Council was a Vice Chair of the
event at the MOMA, Liz, and AIPP members Sue, Beth and Eric, and arts council past
Board Chair Theresa Axford, and Sculpture Trail League artists made up the table of 10.
d. Follow-up from Ms Eables: Review proposed changes with Asst. County Attorney to
revise current RFQ and artist agreement per discussion with Clerk of Court and County
Finance department. ONGOH�
e. Follow-up from Ms Eables: Big Pine Key Fire Station mural restoration following the
station being repainted—Working with Project Manager Suzi Rubio and Asst. County
Attorney Eables to secure artist contract for his work mid-July. ONGOH�
f. Follow-up from Ms Eables: reminder to complete the Deeds of Gifts for 3 sculptures
10. Public Input
11. Adjourn
Attachments:
County Resolution 397-2020
Meeting Minutes October 18,2022
Join Zoom Meeting:
https://us02web.zoom.us/j/84409864874?pwd=SWgyMGFPeUtucXcvYOQOY2hUaEVsUT09
Meeting ID: 844 0986 4874 Passcode: 674289
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441,between the hours
of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice
impaired,call"711".PUBLIC INPUT:Any person that wishes to be heard on any agenda item shall notify administrative staff
prior to the start of the meeting at 305 295 4369 or p,in,�'¢„r„ 111< ,y,,ir,,,,,a„¢.ri q.
Monroe County Art in Public Places
Committee Meeting Minutes
Tuesday, October 18, 2022 at Noon via ZOOM
In attendance were Committee members: Susann D'Antonio, Beth Kaminstein, Eric Anderson, Cristy
Spottswood, and Jeffrey Harwell. Arts Council Staff: Liz Young, Coco Page
County Staff in attendance:Tricia Eables; Kerrin Peart, Monroe County Parks & Rec Assistant
Meeting was called to order at 1:05 p.m. by Susann D'Antonio. Sue had everyone on the Zoom meeting
then introduce themselves.
Approve to Meet via Zoom re: County Resolution 069-2020, and accompanying rules that this meeting is
being conducted in compliance with this resolution, as the AIPP committee is an advisory committee to
the BOCC. See attached resolution.
Motion to approve to meet via Zoom; Approved:Jeffrey. Second: Beth. Motion passed unanimously
Approval of Agenda -Motion to approve the agenda of Tuesday, October 18, 2022;
Approved: Beth. Second:Jeffrey. Motion passed unanimously
Chair's Remarks—Susann welcomed everyone to the meeting, and thanked everyone for their
participation.
Approval of meeting minutes of September 22, 2022 Motion to approve the minutes of September 22,
2022: Approved:Jeffrey. Second: Beth. Motion passed unanimously.
Project Updates:
Key West Airport - Liz said the rescheduled Airport Groundbreaking date (due to Hurricane Ian) is now
November 2. She said she is working with Airport staff on a timeline to deinstall and store onsite all 3
ceramic pieces. She also stated that work is in motion on another RFQ and that after the RFQ is released
she will start working on the AIRPORT RFP.
There was some discussion around helping individuals with the application process and it was agreed
that artists should be directed to the local libraries to use computers if they did not have their own, and
be encouraged to put their questions in writing so that Liz is able to follow County procedures and
answer the question(s)via an Addendum.
New Business:
The committee then had a discussion about a proposed mural by artists Benjamin Fauquenot on the
practice court wall across from Higgs Beach.They talked about Parks and Rec's needing to decide if they
want to include AIPP in any decisions.There was discussion about the artist's materials and longevity,
other designs and maintenance.
The Art Students League of New York Gala will be Nov. 7 and John Padget has sponsored a table of 10 on
behalf of the Florida Keys Council of the Arts. Liz, Sue, Beth and Eric will attend along with Arts Council's
Past Chair, and current Monroe County's School Superintendent, Terri Axford.
Old Business:
Tricia is working on proposed changes to the application to assist with the next RFQ and a new bid
opening date.
Liz said that the Committee members need to be re-appointed because of new Commissioner terms
following the election in early November. She will email Roman's assistant to get the process in motion.
Tricia is continuing her work to complete the artist contract for Michael Kirby so that he can travel here
to do the Big Pine Key Fire Station Mural restoration.
She also mentioned taking a look at the condition of the mural work on Higgs Beach at the African Slave
Cemetery memorial.
Liz talked of possible upcoming projects.
Reminder that the next meetings will be held via zoom on November 16 and December 20 at Noon
Public Input- None
Adjourn- Motion to Adjourn: Approved: Beth. Second:Jeffrey.The meeting was adjourned at 1:07 p.m.
Respectfully submitted,
Coco Page, Executive Assistant &Community Outreach