09/21/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: September 25, 2012
TO: Ann Riger
FROM: Isabel C. DeSantis
Deputy Clerk
At the September 21, 2012 Board of County Commissioner's meeting the Board
approved the following:
Item C35 Contract with the Florida Keys Council of the Arts to utilize 10% of the
1% allocation for art funding, for the reimbursement of administrative expenses.
Attached is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
F r
Monroe County Art in Public Places
Administrative Agreement
This AGREEMENT dated thel9th day of September, 2012, is entered into by and between the
BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, ("County"), and the Florida
Keys Council of the Arts("FKCA"or"Contractor").
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2-322(A),
provides for an appropriation of 1% of the construction costs for new construction exceeding $500,000
and renovations exceeding $100,000 for the acquisition, commission, installation, and maintenance of
works of art in said buildings; and
WHEREAS, the ordinance establishes and Arts in Public Places (AIPP) Committee to advise the
County Commission regarding art to be acquired and installed in each public construction project subject
to the AIPP allocation;and
WHEREAS, the AIPP Committee has elected to utilize 10% of the art funding for each project
for certain reimbursements of administrative expenses incurred by the Florida Keys Council of the Arts
(FKCA); and
WHEREAS, an Administrative Agreement for the FKCA to utilize 10% of the art funding for
administrative expenses has previously been approved by the BOCC on October 15, 2008 that included
an Agreement Period of one year with options to renew the Agreement for three additional one-year
terms; and
WHEREAS, on August 19, 2009 the BOCC granted approval of the First Renewal to the-
Administrative Contract, the Second Renewal was approved by the BOCC on September 15, 2010, and
the Third and Final Renewal was approved on September 21,2011; and
WHEREAS, the Third and Final Renewal of the Administrative Contract will expire on
September 30,2012; and
NOW THEREFORE, in consideration of the mutual covenants and payment contained herein, the
parties have entered in to this Agreement on the terms and conditions as set forth below:
1. REIMBURSABLE ADMINISTRATIVE EXPENSES: The County shall reimburse up to 10% of
the funds allocated for each project to the Florida Keys Council of the Arts for expenditures
directly related to each project. Expenses shall be reimbursed only after properly invoiced by the
FKCA with supporting receipts and documents.
Reimbursable expenses shall include:
a. The Florida Keys Council of the Arts may be reimbursed for personnel (as listed below) for
their time spent associated with a project, at their hourly rate, including but not limited to
issuance of RFQ's and RFP's, collating and distributing responses, providing administrative
support during evaluation meetings, and preparation and processing of contracts:
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NAME FUNCTION HOURLY RATE
Elizabeth Young Administration $30.00
Jodell Roberts Administration $22.00
Valerie Vaugouin-Smith Administration $18.00
Reen Stanhouse Administration $15.00
The services performed by the above personnel shall be reimbursed at their hourly rate. A
schedule of services must be approved by the Director of Project Management.
b. Expense of transportation and living expenses, but only to the extent and in the amounts
authorized by sections 2-106 through 2-117 of the Monroe County Code..
c. Postage and handling of documents associated with the project.
d. Costs for printing, binding, copying costs,associated with the project.
2. MODIFICATIONS AND AMENDMENTS: Any and all modifications of the terms of this
Agreement shall be amended in writing and approved by the Board of County Commissioners of
Monroe County.
3. AGREEMENT PERIOD: This Agreement is for the period of one year beginning October 1,
2012 and ending September 30, 2013. There are options to renew this Agreement for three
additional one-year terms. Renewals must be requested in writing by the FKCA and approved by
the Board of County Commissioners of Monroe County.
4. SEPARATE ENTITY: At all times and for all purposes hereunder, the Florida Keys Council of
the Arts is a separate entity 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
FKCA or any of its employees, contractors, servants, or agents to be employees of the Board of
County Commissioners of Monroe County, and they shall be entitled to none of the rights,
privileges or benefits of employees of Monroe County.
5. HOLD HARMLESS/INDEMNIFICATION: The Florida Keys Council of the Arts hereby agrees
to indemnify and hold harmless the BOCC, and any of its 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 FKCA 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.
6. CONSENT TO JURISDICTION: This Agreement, its performance, and all disputes arising
hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the
proper venue for any actions shall be in Monroe County.
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7. ETHICS CLAUSE: The FKCA warrants that it has not employed, retained or otherwise had
act on its 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, 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.
8. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the
convicted list following a conviction for public entity crime may not submit a bid on an
agreement to provide any goods or services to a public entity, may not submit a bid an agreement
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, sub-contractor, or consultant under an agreement with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list. Artist represents that Artist represents that Artist in not on the
Convicted Vendor list.
9. NOTICE: Any written notice to be given to either party under this Agreement or related hereto
shall be addressed and delivered as follows:
For AIPP&FKCA For County
Florida Keys Council of the Arts Monroe County Project Management
1100 Simonton Street 1100 Simonton Street Rm 2-216
Key West,FL 33040 Key West,FL 33040
Monroe County Attorney
1111 12th Street, Suite 408
Key West,FL 33040
10. The parties further agree as follows:
a. FKCA 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 FKCA pursuant to this Agreement were spent for purposes not authorized
by this Agreement,FKCA shall repay the monies together with interest calculated pursuant to
Sec. 55.03,FS, running from the date the monies were paid to FKCA.
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b. Interpretation, Costs, and Fees. The County and FKCA 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. The County and FKCA 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 court costs, as an award against the non-prevailing party, and shall include
attorney's fees, and court costs, 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.
c. 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 Agreement would prevent the accomplishment
of the original intent of this Agreement. The County and FKCA 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.
d. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and FKCA and their respective legal
representatives, successors, and assigns.
e. 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.
f. Claims for Federal or State Aid. FKCA 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.
g. Adjudication of Disputes or Disagreements. County and FKCA 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 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 the parties, then any part shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
h. 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
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and FKCA 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 FKCA specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
i. Nondiscrimination. County and FKCA 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 FKCA agree 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 handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of
age; 5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating
to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent 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.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
j. Covenant of No Interest. County and FKCA 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.
k. Code of Ethics. 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 and section 2-429 of the Monroe County
Code, 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.
1. No Solicitation/Payment. The County and FKCA 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
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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, FKCA 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.
m. Public Access. The County and FKCA 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 FKCA in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of the provision by FKCA.
n. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues,
the participation of the County and FKCA in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain
any provision for waiver.
o. 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.
p. 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 a 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.
q. 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 FKCA agree that neither the County nor FKCA 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.
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r. Attestations. FKCA agrees to execute such documents as the County may reasonably require,
to include a Public Entity Crime Statement, and Ethics Statement, and a Drug-Free
Workplace Statement
s. 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.
t. 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 any of the parties hereto may execute this Agreement by signing any
such counterpart.
u. 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.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE,Clerk OF M ,NROE COUNTY,FLORIDA
By: i C' cZP- By:
Deputy Clerk Mayor/Chairman
AIPP FLORID: YS COUNCIL OF THE ARTS
Witws:
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441 ' MEM
E Sabeth S. Y►}ung
Print Name: / ci/ ecutive Dir ctor
•
Title:,f ali.�c aF,rdyi. Date: IAA. 1 2-
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MONROE COUNTY ATTORNEY
cL c-i '--- AP ROVED AS TO FORM•
w _ ! . NATIL ENE W. CASSEL
c• - - • SSISTANT COUNTY ATTORNEY
o Ly -_ Da azz.
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed,retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. 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 th-_ormer County officer • employee.
7 .fiegt6.
(signa -)
Date: � i'i% -4
STATE OF "PO(:10)11
COUNTY OF 01 01V k
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
C li2„kb EA youAJ G who,after first being sworn by me, affixed hiss
signature(name of individual signing)in the space provided above on this day of
20 J2-
NOTARY LIC
My commission expires:
``'%°�11, ANN M.RIOER
tiro!,� 0.¢= Notary Public•State of Florida
OMB-MCP FORM#4 My Comm.Expires dui 24,2016
Commission#'EE 219114
°°� 7"` Bonded Through National Notary Assn.
•
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that
will be taken against employees for violations of such prohibition.
2. Inform 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. Give each employee engaged in providing the commodities or contractual services that are under bid a
copy of the statement specified in subsection(1).
4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the
commodities or contractual services that are under bid, 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. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
ignatdre (/
Date
OMB-MCP#5
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a 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,
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."
I have read and acknowledge the Public Entity Crime Statment
4 , ,; ,
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Date:
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(-/ 1i I � We Support • We Connect • We Promote • We Give
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- O to OF`~ilia ■2 S www.keysarts.com
August 23, 2012
To: Monroe County Board of County Commissioners
From: Florida Keys Council of the Arts
Elizabeth S. Young, Executive Director
Re: Monroe County Art in Public Places Administrative Agreement
The Monroe County Art in Public Places Administrative Agreement first dated October 15,
2008 between the Board of County Commissioners for Monroe County and Florida Keys
Council of the Arts and renewed for three additional one-year terms as permitted by the
Agreement, will end September 30, 2012.
This is a request that a new Monroe County Art in Public Places Administrative Agreement
be entered into by the Board of County Commissioners for Monroe County and the Florida
Keys Council of the Arts.
We respectfully request your kind consideration of this matter in a timely manner so we
may provide effective administration of Art in Public Places for four upcoming projects:
Marathon Court House, Conch Key Fire Station, Stock Island Fire Station, and Freeman
Justice Center.
Thank you.
Historic Gato Building • 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040
305-295-4369 • Fax 305-295-4372 • info@keysarts.com
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We Support • We Connect • We Promote • We Give
r =F; FLORID'A KEY��Ojaffi C-ILOi T S www.keysarts.com
August 28, 2012
To: Ann M. Rigor
Contracts Administrator
Monroe,County
From: Florida Keys Council of the Arts /)
Elizabeth S. Young, Executive Director
Re: Monroe County Art in Public Places Administrative Agreement
- Personnel Information for New Agreement
Ann-
Please find the following personnel information for the new agreement. This information has
been updated from our previous agreement which was four years old.
NAME FUNCTION RATE per hour
Elizabeth Young Administration $30.00
Jodell Roberts Administration $22.00
Valerie Vaugouin-Smith Administration $18.00
Reen Stanhouse Administration $15.00
Historic Gato Building • 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040
305-295-4369 • Fax 305-295-4372 • info@keysarts.com