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7. 10/18/2023 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 27, 2023 TO: Anne Layton Rice Library Services FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been executed and accepted into the record: C13 Loan Agreement with Key West Art& Historical Society for Mario Sanchez woodcarvings "Daily Goose Walks" and "Yellowtails and Grunts." Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 LOAN AGREEMENT THUS AGREEMENT is made and entered into this 18th day of October, 2023, by and between Monroe County("County"),a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and Key West Art and Historical Society, Inc. ("Society" or "Contractor"), whose address is 281 Front Street, Key West, Florida 33040. WHEREAS, on November 1, 1988, the Board of County Commissioners ("Board") adopted Resolution 573-1988 authorizing the Mayor/Chairman of the Board to execute a Loan Agreement between the Board and the Society concerning two (2) Mario Sanchez woodcarvings ("woodcarvings"), "Daily Goose Walk"and "Yellowtails and Grunts'; and WHEREAS, in 1988, the Mayor on behalf of the Board executed a Loan Agreement and the woodcarvings have been on loan since this date and are currently located at the Key West Museum of Art&History at the Custom House in Key West, Florida,which is operated by the Society; and WHEREAS, for the purpose of enriching the lives of residents of Monroe County through exposure to artwork generated by Iocal artisans, the County desires to continue to loan the woodcarvings to the Society; and NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein and set forth below, it is mutually agreed as follows: Section I. SCOPE OF AGREEMENT 1.1 This agreement covers two (2) Mario Sanchez woodcarvings, "Daily Goose Walk" and "Yellowtails and Grunts", to be bailed by the County to the Society. 1.2 The Society shall display the woodcarvings properly in the Key West Museum of Art & History at the Custom House, at a temperature of 70 degrees Fahrenheit and humidity of 55% in order to maintain the woodcarvings in their current condition. 1.3 The Society assumes all risks of loss and damage to the woodcarvings and shall return them to the County in the same appearance and condition as when received. 1.4 The Society shall not remove the woodcarvings from the Custom House Galleries without the County's prior written consent. 1.5 At all times during business hours, the County or its designated representative shall have the right to enter the Galleries for the purpose of inspecting the woodcarvings and conf nning the Society's compliance with the terms and conditions of this Agreement. 1.6 The bailment provided herein shall be at no cost to the Society,except as may be expressly provided herein. Section 2. TERM OF AGREEMENT The term of this Agreement is a ten (10) year period beginning retroactive on June 21, 2023, and ending on June 20, 2033, at the conclusion of which, the Society shall return the woodcarvings to the County in the same appearance and condition as when received, unless the term of the Agreement is renewed pursuant to the provisions hereof or terminated earlier under Section 3 of this Agreement. The County shall have the option to renew this Agreement for an additional two (2) five-year periods on terms and conditions mutually agreeable to the parties at that time, 1 exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of ten (10) years. Section 3. CONTRACT TERMINATION This agreement may be terminated by either party by giving the other party written notice. If the County is the terminating party, the Society shall be given thirty (30) days after receiving notice within which to return the carvings to the County. Section 4. NOTICES Any notice or correspondence required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid,to the other party by certified mail, return receipt requested, or by courier with proof of delivery. Notice is deemed received by the Society 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. 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 shall be sent to the following addresses: To the COUNTY: Monroe County Administrator 1100 Simonton St. Key West, Florida 33040 And Monroe County Attorney's Office 1111 12`h St., Suite 408 Key West, Florida 33040 To the SOCIETY: Executive Director Key West Art and Historical Society, Inc. 281 Front Street Key West, Florida 33040 Section S. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the 2 contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. 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 and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the agreement and for five(5)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 Contractor shall repay the monies together with interest calculated pursuant to Section 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by County in order to perform the service. b. Upon request from the public agency's custodian of public records, provide the public agency 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 Florida Statutes, Chapter l 19 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to County all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County, upon request from the public agency's custodian of records, in a format that is compatible with the information technology systems of County. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.I0, Florida Statutes. 3 Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119', FLORIDA STATUTES,, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,, AT (305) 292-3470, radley- LrLian &monroeCou�nt -tl�. oy, c/o Monroe County Attorneys Office, 1111 12' St., Suite 408, Key West, FL 33040. Section 6. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, including,but not being limited to, a Public Entity Crime Statement, an Ethics Statement and a Vendor Certification Regarding Scrutinized Companies. Section 7. 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 Society agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and Society 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. Section 8. 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 Society agree to refiorin the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. SI-et.. ATTORNEY'S FAELIESS AN"" C 0 ST S 4 The County and Society 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, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. 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. Section 10. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Society and their respective legal representatives, successors, and assigns. Section 11. 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. Section 12. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Society 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 no resolution can be agreed upon within thirty (30) days after the first meet and confer session, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida Iaw. This Agreement shall not be subject to arbitration. Section 13. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Society 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 Society specifically agree that no party to this Agreement shall enter into any arbitration proceedings related to this Agreement. Section 14. NONDISCRIMINATION Contractor and County 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. Contractor 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)TitIe VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex 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 5 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 11, 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. Section 15. COVENANT OF NO INTEREST County and Society 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. Section 16. CODE OF ETHICS The parties understand that officers and employees of the County are required to comply with the standards of conduct for public officers and employees as delineated in Section H 2.313, 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. Section 17. NO SOLICITATION/PAYMENT The County and Society warrant that, in respect to itself, it has neither employed not 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 Society 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. Section 18. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Society 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. Section 19. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules 6 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 Iimits of the County. Section 20. 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. Section 21. 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 Society agree that neither the County nor the Society 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. Section 22. 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 County in his or her individual capacity, and no member, officer, agent or employee of 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. Section 23. INSURANCE REQUIREMENTS The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better,that is Iicensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the Countv and shall be in a form acceptable to the County. Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. 7 B. Employers Liability Insurance with limits of$100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Fine Arts Insurance with coverage in the amount of$4,000,000(four million). D. Commercial General Liability Insurance; including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $300,000 per Parson, $500,000 per Occurrence, $200,000 Property Damage or$500,000 Combined Single Limit. E. An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of forty-eight (48) months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to insurance coverages identified above. G. Contractor shall require its subcontractors to be adequately insured at least to the Iimits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement.County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund,a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Section 24. 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. Section 25. INDEMNIFICATION, DEFENSE,AND HOLD HARMLESS The Society does hereby consent and agree to indemnify, defend and hold harmless the County, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorney's fees, or liability of any kind arising out of the sole negligent actions of the Society or substantial and unnecessary delay caused by the willful nonperformance of the Society and shall be solely responsible for any and all accidents or injuries to persons or property arising out of its perfonnance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the Society agrees to defend and pay all legal costs of the County for claims or acts attributable to the sole negligent act of the Society or 8 any of Society's employees or representatives. The County warrants they are the owner of the two (2) Mario Sanchez woodcarvings described herein and the County maintains ownership during the term of this Agreement. The Society shall at all times keep the woodcarvings free from any legal process or encumbrance whatsoever. Section 26. INDEPENDENT CONTRACTORS At all times and for all purposes hereunder, the Society is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the Society or any of its employees, contractors,servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the Society shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. Section 27. ASSIGNMENT Society may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the prior written approval of Monroe County Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors, and assigns of the County and the Society. Section 28. MUTUAL REVIEW This Agreement has been carefully reviewed by the County and Society;therefore,this Agreement is not to be construed against either party on the basis of authorship. Section 29. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any previous Loan Agreement, or any amendments thereto, entered into by the parties hereto shall be terminated upon execution of the Loan Agreement. Any amendment to this Loan Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. Section 30. MISCELLANEOUS a. Force Majeure. Due performance of any duty or obligation hereunder by either party shall be excused if prevented by acts of God, information providers or other service providers, public enemy,war,terrorism,any accident, explosion,fire, storm,earthquake,flood,strike,computer outage or virus, telecommunications failure, or any other circumstance beyond that party's reasonable control. b. Waiver or Consent. Any failure by either of the Parties to comply with any obligation, covenant, condition, or agreement contained herein may be waived in writing by the party entitled to the benefits thereof, but such waiver or failure to insist on strict compliance with such obligation, covenant, condition or agreement shall not operate as a waiver of or estoppel with respect to any subsequent or other failure. To be effective, any consent must be in writing and signed by an authorized representative of that party. 9 c. Independent Parties. Nothing in this Agreement shall be construed as creating a partnership, joint venture, fiduciary, or agency relationship between the parties, or as authorizing either party to act as an agent for the other.The parties to this Agreement are independent parties. IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed on the day and date first above written. ;9P-4. ( ' S\ ) MONROE COUNTY EVIN MADOK, CLERK gfr - :i';‘,,:i.: t_l F. ` -1, <. ..„,:-:,, ..,...„. w, ,,, 0., _-:„..„-..„ as____,,,,,,.---„,it /• ''''',„74''''', .,-.44 .51-Wee 1, de/RIP/VA By: . 4/ 4 °' ry �r.'.',..' As D uty Clerk Mayor Chairperson Date: to j ) 221 2-023 Witnesses for Contractor: KEY WEST ART AND HISTORICAL SOCIETY, INC. • By• Viki ..}„ 1,),_. \-: M?:_k_..k. c-latu......-- Printed Name:/ / //i4't, �� Printed Name: t1Ck 'cam I-- k Grt-EXX‘- Fej\i'-'-- Irt ---------- Title: V.X. C.U--CkV , 1-\ QE.0 t,Q Signature SpInvIl t_/ M(- tew►i S Date: r 2 ) 23 Printed Name U-OCk ,IU1,-- Z fii-.. -n Approved as to Form and Leda]a1 Sufficiency ,.4.1 rT"]]] La e: 9I25I23 -�„.) 10 IV CD Monroe County Purchasing Policy and Procedures ATTACHMENT D.9 SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE G i (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officeror employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement 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." (Signs re) Date: {���C9 2 3 STATE OF: ���1a4 COUNTY OF: 4L�,4__ Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on ZJ 2. (date) by lG�i��.� f� (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. LIC .eN Kim LIVINGSTON NOTARY PUB MY COMMISSION A HH199135 � 'ToRTMdF EXPIRES:Novembef21,2025 My Commission Expires: G95 Page 89 of 105 ATTACHMENT D.8 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 Statute, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neitherNkkClJ\AEU F. 6(t-M (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Sig ature) Date: STATE OF: �� COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means o� physical presence or ❑ online notarization, on /l� t[O __ (date) by (name of affiant). He/She ersonally known to or has produced (type of identification) as identification. NOTARY PUBLIC y ""' KjM LNiNGSTON M Commission Expires: b MY COWSSta-1#H11199135 Y p b 4; EXPIRES:November 21,2025 Revised BOCC 6/15/2022 Page 88 of 105 KEYWEST-29 REGANL DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 3/31/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CO NTT CT Linda Regan Insurance Office of America PHONE FAX 13361 Overseas Highway (A/C,No,Ext): (305)537-2782 (A/C,No): Marathon,FL 33060 E-MAIL Linda.Regan@ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B:Travelers Property Casualty Company of America 25674 Key West Art&Historical Society Inc INSURER C: 281 Front Street INSURER D: Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 6607396H097 11/19/2022 11/19/2023 DAMAGE TO RENTED 300 000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PELT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X 6607396HO97 11/19/2022 11/19/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE CUP2061YO81 11/19/2022 11/19/2023 AGGREGATE $ DED X RETENTION$ 5,000 $ 1,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners is additional insured as respects general liability and business auto. APPROVED BY RISK MANAGEMENT w w 5�11�2 DATE 0O WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Monroe County BOCC 1100 Simonton St Key West FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD