Item C17
BOARD OF COUNTY COMNllSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Julv 15. 2009 Division: Public Works
Bulk Item: Yes ~ No - Department: Facuities Maintenance
Staff ConUlct PersonJPhone #:John W. KingJ292-453I
AGENDA ITEM WORDING: Approval to award bid and execute an agreement with Carlos
Delgado, dJb/a Dega Art Surfaces, LLC for concrete scoring and coloring at the African Cemetery
Memorial Project in Key West.
ITEM BACKGROUND: At the July 11,2007 DAC 1 meeting, the County's Facilities Maintenance
Department filed an application for a bricks and mortar capital projects grant, The purpose oftbe grant
was to construct a memorial on the site of the African Cemetery on Higgs Beach which conUlins the
remains of African slaves, freed at sea by the US. Coast Guard, who perished here while awaiting
transport back to Africa, The concept and design presented to DAC 1 at the July] 1, 2007 meeting was
rendered by the African Cemetery Memorial Committee beaded by Ms, Norma Jean Sawyer. DAC I
approved an overall budget 0[$118, 500 for the project with $15,000 of that for Artist Fees and
$10,000 for Project Coordination, Research and Expenses. The concept includes specific artist's
renderings and designs, including ornate fencing, concrete engravings, memorial plaques and artistic
renderings depicting the journey form Africa to the United States. Since the actual work itself involves
engraving of concrete, casting of plaques, etc" the County found it necessary to issue an RFP for the
actual concrete scoring and coloring work at the memorial site, Bids were opened on April 7, 2009
with Carlos Delgado, d/b/a Dega Art Surfaces, LLC being the sole respondent.
PREVIOUS RELEVANT BOCC ACTION: On March 19,2008, the BOCC approved entering into
an agreement with Professor Dinizula Gene Tinnie to assist the County with preparation of project
specifications and preparation of the RFP as well as work sequencing for this project.
CONTRACT/AGREEMENT CHANGES: new contract
ST AFF RECOMMENDATIONS: Approval
TOT AL COST:$50,00O.OO INDIRECT COST: BUDGETED: Yes X-No -
COST TO COUNTY: same SOURCE OF FUNDS: IDC
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH - Year
APPROVED BY, County Atty r OMBIPW"c1""ing _ Ri,k M_em,nt_
DOCUMENTATION: Included ---X- Not Required_
DISPOSITION: AGENDA ITEM #
Revised 1/09
M E M 0 R AN D UM
DATE: June 15, 2009
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sf. Director
Lower Keys Operations
RE: Agenda Item - July 15, 2009 BOCC Meeting
Approval to award bid and execute Agreement with Carlos Delgado, d/b/a Dega Art
Surfaces, LLC for concrete scoring and coloring at the African Cemetery Memorial
Project, Higgs Beacb, Key West.
At the July 11, 2007 DAC I meeting, the County's Facilities Maintenance Department filed an
application for a bricks and mortar capital projects grant. The purpose of the grant was to
construct a memorial on the site of the African Cemetery on Higgs Beach which contains the
remains of African slaves, freed at sea by the US, Coast Guard, who perished here while awaiting
transport back to Africa. The concept and design presented to DAC I at the July 11, 2007 meeting
was rendered by the African Cemetery Memorial Committee headed by Ms, Norma Jean Sawyer,
DAC J approved an overall budget of$118, 500 for the project with $15,000 ofrhat for Artist Fees
and $10,000 for Project Coordination, Research and Expenses.
This concept includes specific artist's renderings and designs, including ornate fencing, concrete
engravings, memorial plaques and arristic renderings depicting the journey from Africa to the
United States, among others. Since the actual work, itself, engraving of concrete, casting of
plaques, etc" the County found it necessary to issue an RFP for the actual concrete scoring and
coloring work at the memorial site, On March 19, 2008, the BOCC approved entering into an
agreement with Professor Dinizula Gene Tinn.ie to assist the County with preparation of project
speciiications and RFP preparatioll, as well as work sequencing for this project.
Bids were opened on April 7, 2009 with Carlos Delgado, d/b/a Dega Art Surfaces, LLC being the
sole respondent
I hereby recommend approval to award bid and execute an agreement with Carlos Delgado, d/b/a
Dega Art Surfaces, LLC for concrete scoring and coloring at the African Cemetery Memorial
Project in Key West.
JWKJjbw
Enclosures
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
COKTRACTSUM:MARY
Contract with: Carlos Delgado, d/b/a Contract # -
Dega Art Surfaces, LLC Effective Date: July 27, 2009
Expiration Date: Sept 30, 2009
Contract ?urpose/Descriprion:
African Cemetery Memorial at Higgs Beach - concrete scoring and coloring
Contract Manager: Jo R Walters 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meetin~ on 07/15/09 Agenda Deadline: 06/30/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 50,000,00 Current Year Portion: $ 50,000.00
Budgeted? Yesl2?J NoD Account Codes: 11l-77040- TM87615Y-530340
Grant $ N/A - - - -
----~
County Match: $ N/A - - - -
---
- - - -
--~--
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities. ianitorial, salaries, etc,)
CONTRACT REVIEW
Changes Date Out
Date In Needed. h ~--Reviewer
Division Director;~~ ",:esD Nogl, ~ '
~:_M,"~m,* lt~~Y~lfv"DN~~l)~, ,,~; .
O,M,BJPurchas'kg 11';;,,'\ YesD NoG:l- '--t' ,;;/
~\~~\:0~ /{. ,I J
l Ii/,>'
YesD N~ .' IV
County Attorney ! '. / . f " "'--t~,-- G '--,
Comments: , /
OMB Form Revised 2127/0 1 MCP #2
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
CONCRETE SCORING AND COLORING FOR AFRICAN CEMETERY
MEMORIAL PROJECT KEY WEST. MONROE COUNTY. FLORIDA
This Agreement is made and entered into this _ day of . 2009,
between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
CARLOS DELGADO, dbJa DEGA ART SURF ACES, LLC. ~'CONTRACTOR"), a
Florida Limited Liability Company, whose address is 4350 SW 4 Street, Coral Gables,
FL 33134.
WHEREAS, COUNTY desires to provide concrete scoring and coloring for the
African Cemetery Memorial Project, Key West, Monroe County, and
WHEREAS, CONTRACTOR desires and is able to provide concrete scoring and
coloring for the African Cemetery Memorial Project, Key West, Monroe County; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
concrete scoring and coloring for the African Cemetery Memorial Project, Key West,
Monroe County, !lOW therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, ail change orders, the bid documents, exhibits,
and any addenda only.
2. SCOPE OF THE WORK:
The CONTRACTOR shall furnish all labor, materials, equipment, tools, transportation,
services, and incidentals, and perform all the work necessary in accordance with the
specifications entitled:
CONCRETE SCORING AND COLORING
AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
Project is located on Casa Marina Court, Key West, Florida 33040. The work includes
scoring the lines of the design on the concrete slab, applying permanent acid stain color
to the slab and the columns, polishing the surface of the columns, and applying sealer, in
two phases, as contained and described within Exhibit A attached hereto, Following
instalJation of the tiles and the fencing, touch-up work will be required in re-applying
color and sealer to any surrounding small areas which might have been damaged.
The CONTRACTOR shall be responsible to obtain any necessary permits during the term
of this contract.
AGREEMENT 1 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
The CONTRACTOR shall provide to COUNTY a construction scheduJe prior to
commencing work.
3. CONTRACT AMOUNT
The COUNTY sball pay FIFTY THOUSAND AND NO/IOO DOLLARS ($50,000.00) to
the CONTRACTOR for the faithful performance of the Contract, in lawful money of the
United States at completion of any fina1 touch-up work that may be necessary after tile and
fence installation.
4. PAYMENT TO CONTRACTOR
A. Acceptance of payment by the Contractor shall constitute a waiver of all claims
against the County by the ContraCtor.
B. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners,
C. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR
D. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation accepUlble to the Clerk, at completion. Acceptability to the Clerk is based
on generally accepted accounting principles and such laws, rules and regulations as may
govern the Clerk's disbursal of funds,
5. TERM OF AGREEMENT
This Agreement shall commence on July 21, 2009, and ends upon completion or no later
than September 30, 2009, unless terminated earlier under paragraph 19 of this
Agreement.
6. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses, Proof of such licenses and approvals shall be submitted to the
COUNTY upon request.
7. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. 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 four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
AGREEMENT 2 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec,
55.03, FS, running from the date the monies were paid to CONTRACTOR.
8. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in ~njunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR,
9. HOLD HARMLESS AND INSURANCE
CONTRACTOR ~venants and agrees to indemnify and hold illumless Momoe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (iILc1uding attorney's fees) which
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongful act or omission of
CONTRACTOR, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
comply with the requirements of this section shall be cause for immediate termination of
this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE:
Where applicable, worker's compensation coverage to apply for all employees at a
minimum statutory limit as required by Florida Law, and Employer's Liability coverage
in the amount of $]00,000.00 bodily injury by accident, $500,000.00 bodily injury by
disease, policy limits, and $100,000,00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $300.000.00 per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability, If single limits are provided, the minimum
acceptable limits are $50.000,00 per person, $100,000,00 per occurrence, and $25,000,00
property damage, Coverage shall include all owned vehicles, all non-owned vehicles,
and all hired vehicles,
COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage with
limits of liability of not less than $300,000.00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability.
AGREEMENT 3 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
CERTIFICATES OF INSURANCE, Original Certificates of illsurance shall be provi.ded
to the COUNTY at the time of execution of this Agreement and certified copies provided
if requested, Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the COUNTY before any
policy or coverage is canceled or restricted. The underwriter of such insurance shall be
qualified to do business in the State of Florida If requested by the County Administrator,
the insurance coverage shall be primary insurauce with respect to the COUNTY, its
officials, employees, agents and volunteers,
MONROE COUNTY BOARJ) OF COlJNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S
COMPENSATION.
10. NON-W AlVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida SUltuteS, the participation of
COUNTY and CONTRACTOR 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.
11. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR 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 so as to find
CONTRACTOR or any of his employees, subs, servants, or agents to be employees of
the Board of County Commissioners of Monroe County,
12. NONDISCRIMINA nON
COUNTY and CONTRACTOR 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 party, effective the date of the court order.
COUNTY or CONTRACTOR agree to comply \V'ith all Federal and Florida statutes, and
all local ordinances, as applicable, relaticg 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 discri.mination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss, 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (pL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
AGREEMENT 4 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
Treatment and RehabiliUltion Act of 1970 (PL 9]-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, S5, 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. 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. ]201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrirniruttion provisions
in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or
the subject matter of, this Agreement.
13. ASSIGNMENT/SUBCONTRACT
CONTRACTOR 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 and CONTRACTOR. 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 sub
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,
14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said sUltures,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
15. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles 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" 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, conilicting employment
or contractual relationship; and disclosure or use of certain information,
AGREEMENT 5 FEBRUARY 2009
CONCRETE SCORING AND COLORING far AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR 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,
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a bona fide employee working solely for
it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to termirulte this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commissio~ percentage,
gift, or consideration.
16. NO PLEDGE OF CREDIT
CONTRACTOR 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. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
17. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County ~e-(d' .D~~
Facilities Maintenance Department (( '3'S't) S;,(JJ, %
3583 South Roosevelt Boulevard ('OCAL ~/J:t.iJ~(3C/
Key West, FL. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
18. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes,
CONTRACTOR sball 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 CONTRACTOR authorized to use the COUNTY'S Tax Exemption
AGREEMENT 6 FEBRUARY 2009
CONCRETE SCORING AND COLORING Tor AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
19. TERMINATION
A, The COUNTY or CONTRACTOR may terminate this Agreement for cause v,.ith
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the
obligations of either party to perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so with neither party
having any further obligation under the term s of the contract upon termination,
e- If the CONTRACTOR is adjudged a bankrupt, or if be makes a general
assignment for the benefit of his creditors, or if a receiver is appointed on account of his
insolvency, or if he persistently or repeated refuses or fails, except in case for which
extension of time is provided, to supply enough properly skilled workmen or proper
materials and fails to maintain an establisbed scbedule (failure to maintain schedule shall
be defined as any scheduled activity that falls seven (7) days or more behind schedule) or
if he fails to make prompt payment to subcontractors for materials or labor, or
persistently disregards laws, rules, ordinances, regulations, or orders of any public
authority having jurisdiction, or otherwise is guilty of a substantial violations of a
provision of the Agreement, then the COUNTY may, without prejudice to any right or
remedy and after giving the CONTRACTOR and his surety, if any, seven (7) days
written notice, during which period CONTRACOTR fails to commence correction of the
violation. terminate the employment of the CONTRACTOR and take possession of the
site and of all materials, equipment, tools, constrUCtion e<juipment and machinery thereon
owned by the CONTRACTOR, and may finish the Project by whatever method the
COUNTY may deem expedient. In such case, the CONTRACTOR shall not be entitled
to receive any further payment until the Project is finished nor shall he be relieved from
his obligations assumed under Article 2. Reasonable terminal expenses incurred by the
COUNTY may be deducted from any payments left owing the CONTR.i\CTOR.
20. GOVERNING LAW, VENlJE.INTERPRETATlON, COSTS. AND FEES
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 penormed 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 CONTRACTOR
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida
21. MEDIA nON
The COUNTY and CONTRACTOR 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
AGREEMENT 7 FEBRUARY 2000
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
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,
22. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant., condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken proviSion with a
valid provision that C<lmes as close as possible to the intent of the stricken provision,
23. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party
agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is
the prevailing party or not, through all levels of the court system,
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days
after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners, If the issue or issues are still not
resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
25. COOPERA nON
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement.,
COUNTY and CONTRACTOR agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall
be required to enter into any arbitration proceedings related to this Agreement.
AGREEMENT 8 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
26. BINDlNG EFFECT
The terms, covel1':l1lts, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
27. AUTHORITY
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.
28. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR 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 party prior to submission,
29. PRIVILEGES AND IMMUNITIES
AJJ 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.
30. LEGAL OBUGA nONS AND RESPONSIBILITIES
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 thereofby any participating entity, in which case
the performance may be offered in satisfactioD 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 stamtory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state starnte, and case law.
31. 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 Dr program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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.
AGREEMENT 9 FEBRUARY :2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST. MONROE COUNTY, FLORIDA
32. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime SUltement, an Ethics Statement, and a Drug-Free
Workplace Statement.
33. 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 Uable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
34. 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 of COUNTY and CONTRACTOR hereto may execute this
Agreement by singing any such counterpart,
35. 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.
36. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a COntract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, 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, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
37. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship
38. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
AGREEMENT 10 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST. MONROE COUNTY, FLORIDA
39. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is cootingent upon
an annual appropriation by the Board of County Commissioners, In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
teTIllinated and the County bas no further obligation under the terms of this Agreement w
the Contracwr beyond that already incurred by the termination date.
IN WlTNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, eacb of
which shall, without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA
By: By:
Deputy Clerk Mayor George Neugent
Date: Date:
WITNESSES FOR CONTRACTOR: ~~
~~0/4",~ ~ Signature of person authorized to
Signature . J y legally bind contractor
Date: 6 - qt - Or
b - o.?-oCl CArl-Co) f)u.(O,A.DO
Date Print Name
/J:J!dk Address: '1.3.~C) s.aJ. crill fJT;
c1'2AC GA.<<f,:r Fl. ~31.d tj
~ f C)..t4I, f
Telephone Numbe~S" -Wf ~e?-7 7 r
Date
AGREEMENT 11 FEBRUARY 2009
COMPOSITE EXHIBIT "A"
- KEY WEST AFRICAN CEMETERY MEMOItW. PROJECT: ART SPECIFICATIONS (conto)
COMPONENT 3: COIYCRrn SCORING AND COLORIN~
A major feature. of the memorllllls the artwork on the concrete slab, whIch consists of etched (scored)
lines separatlnll areas where color J.s applied, and the appllcatlon of color to the exlstJrlll des/llfls on tile
ten concrete columns. The existing surface te)(ture of the sla~ and the expansion Joints are to be
retained. 1M column surfaces are to be polished smooth, with special care taken not to damage the
embedded cowrie s.heJls or the axJrtlng f1i/lt flxtures. AU column faces have artwork cast Into them,
The scored lines are to be a minimum 01 W' wlde anll1/16" deep, and will have COIOl applied to them. as
spedfled (sea attach ed rendering), usIng the Engrave-A-Crete system, which research !\as shown to be
the most effectlVl! and appropriate method for this application. The lal'lfe, pebbled surface areas
between the lines are to be colored with acld stain and sealed accordingly. The lines may be scored by
means of templates, tabricatlild aecordln8 t1:l elearon~ files derived from a comp\Jte1 stlIn of the
drawins, or freehand, based on a precise tr!Insfer of the design to the concrete surface.
The columns are to have a minimum of three colors each: a genenllight earth tOM (belie famUy,
slmHal to the surrounding sand} for most of the surfaCf!, I dark earth tone (burnt umber/deep brown)
for the Incised beckgrounds, "frames" and symbols, and a red tJntfor the square areas, approldmately
12" ~ 12", sl.HTOundlng each AdlnkTa symbol,- Additlonlll colors may be used for other design elements
on the horizontal slab Itself. These Include blue, VeUow and bJacl(. as needed, In addition to the
aforementioned colors. The application of colo1'51ncludes shadow, highlights and modefing to create
three-dimensional and other llisual effects.
DImensions and square footags Is as follows.
a) Concrete slab: 25'0" x 61'0":: 1,525 s.t.
b) Columns: 1'4" J( 1'4" x 4'0":: approx. 22 sf. each; subtotal: 220 s.f.
e) Total square footaie: 1,74S'.\.f..
'"This total will necessarily be modlfled to account tor tile arell where the future shrine will be built.
..yne:se Adlnkrosymbols are the s.arne onf!$ that are prelently cur Into the ronClete columns, so that the p~ques
serve 15 anl!XpLlnation of uch one. Thase 5Vmbols. whlc:h orlgl~d In modem Ghana (the country where the
Atlam\<; sla\le tnde beganl, W~ tnditlonally stamped \ rTrytnmlc patterns Dnto clotlu worn at funllrali t"adlnkto"
or "edlnA-ru" means "farewel"') represent a ridl vocabulil ry of proverbs and mea nlngs, and are widely U5ed today
as decDratlve element> In many settlJ1&S.
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EXHIBIT "AU
COMPOSITE
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-,-
BID - CONCRETE SCORING AND
COLORING. AFRICAN CEMETERY MEMORIAL PROJECT,
KEY WEST, MONROE COUNTY, FLORIDA
Carlos Delgado dba Desa Art Surfaces, LLC
4350 SW 4'" Street
Coral Gabl~, FL 3384
305-975- 2617
305-926-9238
Contact Persons: Carlos Delgado \Diana Delgado
Tab 1
GENERAlINFORMAnON
1. Limited Uabillty Company
Member: Carlos Delgado
2. Carlos Delgado
3. Operating for flve(51 years
4. Flve(S) years
5. No. Bidder has never failed to perform Of furnish goods
simflar to those sought In the request for bids.
6. Frank Oliva Deltona, FI.
Anu ar Flat Mlami,FI.
7. N/A
8. I, Carlos Delgado. President of Dega Art Surfaces, LLC have a BFA Degree from UF and a
MFA degree In Computer Animation. In my quest for new artistic challenges I discovered
Artistic Decorative Concrete and engraving and became certitred in the Engrave-A-Crete
system.
I have done a variety of projects ranging In size and complexity, on areas such as patios,
driveways, Interior flooring, walk-ways and walls. These projects entailed design, stainIng.
engraving. polishing., texturing, and sealins.
Tab 2
PAST PERFOMANCE ON SIMILAR PROJECTS
Borbaru RuJz
UUO SW 80'" Street
Miami, FI. 33183
305-216-8802
Starting date: Jan. 10, 2005 Completion: Jan. 24, 200S
Surface prep, stained with three different colors, scored, painted design and sealed.
Area: approlt 40Qsq ft
Jeanlne Goodstein
9198 SW USIt> lane
Miami, Fl. 33176
305-nS-S918
Starting date: Feb. S, 2005 Completion: Feb.29, 2005
Surface prep, laid-out design, painted design with different type of stains, engraved certain
areas of design and sealed.
Area: approx. 250 sq tt
Jorge A F/Qt
2727 SW 36th Ave.
Miami, FI. 33133
305-446-6366
Starting date: Dec. 10, 200S Completlon: Dec. 18, 200S
Area: approx. 600 sq ft
Surface preP. stained, scored, painted design and sealed.
Ana OIhlD
2526 Delbarton Ave.
Delton,a, FI.
386--532-0060
Starting date: AprU 10,200S Completion: April 27, 2005
Area: approx. 1,500 sq tt
Surface prep, stained, scored, palnt2d design and sealed
Tab3
UTIGATION
a. No, bidder has never failed to complete work
b. No, Judgments, dalms, arbitrations proceedings or suits pending or outstanding against the
bidder or its officers or general parb1ers_
c. No
d. No
. VIP Insurance Agency, Jne
Date: 04/06/09
To: Carlos Delgado
From: Grisell Ramil
Re: Carlos Delgado dba Dega Art Swfaces
Location; 4350 SW 4 Street, Miami FL 33134
Term: 12 Montb Policy
We are pleased to offer the foJlowing Liability Quote through: First Commercial Ins. Co.
e A ) General Liability
$ 300,000 Aggregate Limit
$ 300,000 Products & Completed Operations Aggregate Limit
S 300,000 Personal Injury & Advertising Injury Limit
$ 300,000 Each Occurrence
$ 50,000 Fire Damage Limits
$ 5,000 Medical Payment
**500 Deductible- BI & PD***
Included ( 1 ) Additional Insured.
Premium Basis: Painting Interior & Exterior - Annual P ) $16,700.
Base Premium: $ 603.00
Fee: .$ 25.00
Tax: $ 6.28
Total Premium: $ 634.28
Please revise this quote carefully, and call our office if you have any questions.
Best Regards,
ZI:?~p_
Grisell Ramil
vipi ns@bellsouth.net
To Whom It May Concern.:
I trusted the design of my patio and backyard walls to Carlos DelgadolDegll Art
Surfaces, LLC. His work was of superb quality. The completed project met my request llDd
visioIl, and guests have continually complimented and been impressed by the unique
designs. I have and would recommend Carlos Delgado's services with full confidence. He
is very thorough, and his work does not fail to impress. Thank you for your time.
Sincerely, ~4,,;r
Jorge A Fiat
To Whom It May Concern:
Carlos Delgarlo completed a project on my driveway floor. The completed project
were far beyond my expectations. His artiS1ic skiUs and elaborate work are impressive. I
would highly recommend his services to other individuals. Thank YOIl.
Sincerely, j~~
Ana Oliva
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-
CONCRETE SCORING AND COLORING fill' AFRICAN CEMETERY MEMORIAL PROJECT
KEY WEST. MONROE COUNTY. FLORIDA
SECTION THREE
BID DOCUMENTS
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CiO PURCHASING DEPARTMENT
GA TO BUILDING ROOM 1.213
1100 SIMONTON STR.EET
KEY WEST, FLORIDA 33040
BID FROM: ~\L{O.s 5) t:L6Atfi) d-~t.<-
Dl:::.6A Au StJ(l..,pAr:r::s, LJC
The undersigned, having csrefu1Iy llXaJllin.OO the work, specifications, bid documents, and
addenda thereto and other Contract DOCUInel1ts for the services of:
CONCRETE SCORING AND COLORING
AFRICAN CEMETERY MEMORIAL PROJECT, KEY WEST, MONROE
COUNTY, FLORIDA
and having become familisr with all local conditions including labor affecting the cost
thereof: and having familiarized himself with ma:lerial availability, Federal, State, and
Local laws, ordinances, rules and regulations affecting performance of the work, does
hereby propose to t'umish labor, mechanics, tools, material, equipment, IrllDspOrtation
services, and all incidentals necessary to perform lIOd complete said work in a worlcm.an-
like lTllIIII1er, in COnfOI1D8:llCll with specifications, and other contract doCUllleffiS including
addenda issued thereto.
TOTAL BID AMOUNT $ S; 0, rOoo
,
fi!i= Tt/ tfi PI )S~}.J jJ
TOTAL In AMOUNT WR1Tl'RN Om
Estimated Time Sehednle: L/ Ii> G f/;p "4<":;-
Tltere art! IU} IlIliJJtk>>uU COft3 for trm>el, mlluge, 1ftEiIls, 0' lodging.
BID OOCUMEHT& 3-1 FEBRUARY 20011
CONCRETE SCORING AND COLORJNG (or AFRICAN CEMET~RY tolEMORIAl PROJeCT
KEYIJIJEST, MONROE COUNTY, FLORIDA.
r acknowledge receipt of Addenda No.(s)
I have included lhe Bid which includes: /
L Bid Form
2. Non-Collusion Affidavit ~
3, Lobbying and Conflict of Interest Clause Form ~
4. Drug Free Workplace Form
In addition, I have included:
5. Current copy ofCmrtl"lIclor's License -
6. Copy of Current Monroe County Business Tax Receipt ~
1. lnsW'ance Agents Statement
8. Bidder's\Respondant's Insurance & lndemn.ification Statement
9. All requirements lIS stated in the Instruction to Bidders, Paragraph 4.
(Qleek mark itNnA above as a reminder tbat thn' are induded.)
Mailing Address: ~J~ s.~' LJrI1~ Telephone: -?()f ~ 915"" - ;)0/7
r:0, I />J:\?, 5 120 j D A Fax:
, ~~ I 3Lf' Date: 4- (; - tJ'j
Signed.: c:;b/;r;: f*d-~ Witness~ ~
l).t:L b./:('y() (Seal)
Print Name r.. A C2..i oS
Title pne~) J).f ,JT ~
e -.*-
IIolIIY ,.... . ... III FlorlM
. . liIt~frpno""2&.2011
CoIIIIlIaloo I DO &H146
.... .......1IIIoMI...,-.
810 D<X;UMENTS 3-2 FEBRUARY 2009
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY MEMORIAL PROJECT
KEY 'NEST. MONROE COUNTY. FLORIDA
NON-COLLUSION AFFIDAVIT
I. CA(2.-lro\ \)eLf:>APO of the city of (D~/ 6/\ht.{{. f'-wPLt./)-.Kj
acoording to law OIl my oath. aDd 1.II:ldA::r pen8.lty ofpetjury, depose and say !hat: .
l. I am fR..-,b~ i [)(-d..iT
of the fIrm of .D~.bA. A,fL..T :5:u(l..,p,A( ~f; LLc,
I
the bidder making the ProJlOsal for the project described in the Notice for Calling for bids for.
c'()i'161i. ;t:::r~ <:;:U){l,,!.v 6 ..J- C,l.nfl..1ML f4J(2. rt-rf) } G..c/ll (~.u Q. r~(v.;
aDd thllt I exw.n.cd the said propooal with full authority t d.o so:
2. lhe prices in this bid bsYe been IllTived at indepeOOently witholl! collusion. COIISUhalioll,
oommUllk:ation Or agreement far the p1ll'pOSll of restriclill& competition, as to my mllltcr'
relalinB to such prices wi1h any other bidder or wilb &r1j competitnr,
,. unI.... ol1u:rwiBe required by law. the pri\:e.S wUich have been quoted in this bid have not been
knowingly disclosed by the bidder aDd will not knowiDgly bll dillClased by the bidder prior to
bid opening, ~ or indirectly, to e.ny othtr bidder or 10 my competitor;
4. [\0 attempt bas been made or will be mada b !he bidder to indnce any other p""""" pa:rmership
or oorporation to submi1, or Dol to i'l1bmit, a bid for the purpose ofrestricti:Qg competition; and
5. the stat.ementll c.ol1.llliJ:led in !his affidtivit /lrC trne and torrect. aDd mOOe Mth full knowled811
tlw Monroe CaulllY relies upoD the lrUlb of the sta1C1tlc:rJli contained in this e.ffidBvit in
IWll1ding contracts for said proj eel
C.idu ~ L/~ r; -0'9
(SipB.ture of Bidder) (DlIle )
STATEOP: "F"60lU ilA
COUNrY OF: J::) AJ:J 'E:....
PBRSONALL Y APPEARED BEFORE ME, the Ullder.rigrled authority,
who, lifter first beiDg sworo by me, (name of individual s:igni.ag) affixed hisJbor sigDann in
thasp.ace provided above on this y" day of ~ ~. .
NOTARY PUBLIC ~
My C4}\1l1Ili$sio
(I _.~
. ". HcItaoy PIIIIIl. . SI.III. '" FIorI4a
!.. .\.,,~EJplr."'26,20U
. Co1nmloal.. . DD !9$U~
..,~, 1l<rclod'flwu.9l~~HID.
BID OOCllM~T8 3-3 "eaI\UAAY~OO8
CONCRETE SCORING AND COLORING for AFRICAN CEMETERY ME'-!ORIAL PROJECT
KEY WEST, MONROE COUNTY, FlORIDA
LOBBYING AND CONFLICT OF rNTEREST FORM
SWORN ST A TEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETIllCS CLAUSE
CAQ.{.o~ J~ oAJ) 8 WIIITllIltS that helil has not employed, retained
or otherwise had 8Ct on bislits behalf llIly fenner County officer or employee in viollltion of
Section 1. of Ordinance No. 10-1990 or any County officer or employee in violat:icn of
S<<tion j ofClrdinanu No. 10-1990, For breach or violation oftb.is provision the County
II1l!y. in iiJ discretion, terminate thiJ contract without liability and may 4.1&0, in i15 discretion.
deduct from the conttael or purchase price. or otherwise recover, the full amount of any fee-
coIlLIllission. percen.lllge, gift, or consideration paid to the former Co1Illty officer or employee.
C:;vC&.. ~~
(signature)
Date: 1i-?,- crt
STATE OF fLoi't~-M
COUNTY OF ,\~ D.<e.
PERSONALLY APPEARED BEFORE ME. the undersigned authority,
who, 4fter fIrSt being sworn by II1e, lIffixe4 hisihcr
signature (name of individual signing) in the space provided above on this ~ day of
/>(J~IL . 20.!.!1. ~~
NOTARY PUBLIC'
My coll1.rJl.ission expires:
(D -,~
! . ~ Nolaiy PlIOIIa . SIal. 01 florida
OMB - MCP FORM #4 i' . j My Com\IuIon EzplrMJul2&, 2011
CorMlluioll , 00 6lliI14S
, 'st. Stnled Tmlugh N8lIonoI NoIIry~.
BlO DOCUMENTS 3-4 FEBRUARY 200i
CONCRETE SCORING AND COLORING for AFRICAN CeP.tHE;:RY MEMORIAL PROJECT
KEY WEST, MONROE COUNTY, FLORIDA
DRUG-FREE WORKPLACE FORM
The undcuigned vendor in ~ with FloridA SbltLnc 287.081 hereby certifies that:
..bE~~ Ao</ S'ufl.-pAa;..r J LLC
am" of Busm.ess) I. !>ubJish a statmnMlt notifYing employees IhBt the unlawful lII8D1lfaoture. distnlllltion. dispensing.
possession. or use of a controDed sub$tance i9 prohibited in the workplace aDd 9plICifying the ICIio!ls !hat
will be taken against employ_ for violati0n.9 of such prob!"bition.
2. InfOITl1 emplOyees about the dangcn of drug abuse in the """lkplace, the bus:i:rJe6$'s policy of
Illain!llining a drug-free woriq>~ any avaiIl!ble drug eotmS8linl!, rehabilitation, end employee llSllillttmoe
programs, and the pena1li<ls thet may be imposed ~ employees for drug abuse viol.lltions,
3. Give each employee etI8I'Bed in providi:ng ~ commodities or COtIlr8Ctlla1 a<rTVi.ces t.bllt iUe ltIlde:r bid a
oopy of the stalllllltmt specified in suhsecIion (I).
4, In the SUlIl:mMlt 3P"Cified in sub$octiCll1 (1), notify the CII1ployeoll that, as II collJljtion of working on the
ootIlmO<litias crt C<JnIr8ctulll ~ tbat m:e IIIlde1 bid, the employee will abide by the teons of the
!t8~ and will notify the IlI1lplayer of my conviction ot, or ple8 of guilty 01' 0010 ooDtt:lldere 11>. any
v;oLation of Cbaplt::r 893 (f'lorida Statutes) Of of my COIltrOlIed subSlaIlOllIllw of tbc Ullitbd States or IlI1Y
stat", far . violatiClll ~ in the wod:place DO Ialer Iban live (5) day. after such comictiClll.
s. llnpose 8 sanction on. or t'IlqWre the satisfactDl)' participstion in a drug abu.se assistllnOC or rebabiliWion
program if sw:h is avttilable iD the employee's =uoity, or 811Y employee who is so ootlVioled.
6. Mako a SC>04 faith effort to ooDtinuc to maintaill a dnJg-frce workplato tbrol1i!h implemontation Df this
section.
As the person authori2ed to sign the stBtem.en1, I oer\itY lhat thilI firm coIIlpIies fully with the above
requiremmu.
all)} ~ (W.o~
Bidder's SigDalllnl
l/ -?, ~OO)
Datll '
OMS - MCPIl5
alo OOCUIoIENTS 3-5 FEBR.lWlY 2009