1st Renewal & Amendment 09/17/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
NaxnOE couxrr, FLORIDA
DATE: October 7, 2013
TO: David Hill, Director
Project Management
ATTN: Ann Riger
FROM: Vitia Fernandez, D. C.
At the August 21, 2013, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item C32 Option to Renew and First Amendment to the Agreement with the
Florida Keys Council of the Arts in order to renew the agreement for another year and to amend the
Agreement to show minor personnel changes.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
Option to Renew and Amendment
to reflect Personnel Changes in the
Monroe County Art In Public Places
Administrative Agreement
This Option to Renew and to Amend the Administrative Agreement is entered into on the
day of September 2013, between Monroe County ("County") and the Florida Keys Council
of the Arts ("FKCA").
WHEREAS, on September 19, 2012, the County and FKCA entered into an
Administrative Agreement (a copy of which is attached hereto and made a part hereof as Exhibit
"A ") and
WHEREAS, the term of the Administrative Agreement is for a period of one year ending
on September 30, 2013, and
WHEREAS, the Administrative Agreement allows for an option to renew the agreement
for three additional one-year terms, and
WHEREAS, as required at paragraph 3 of the Administrative Agreement the Florida
Keys Council of the Arts, Executive Director has requested that the Agreement be renewed for
another year, and
WHEREAS, the personnel listed in paragraph 1 a, of the Administrative Agreement has
changed and the agreement should reflect that change; 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. The County agrees to a one year renewal of the Administrative Agreement,
between Monroe County and FKCA, attached as Exhibit "A". The renewal term shall begin
October 1, 2013 and end September 30, 2014.
2. Paragraph 3 of the Administrative Agreement requires that the FKCA request the
renewal in writing, the request from Elizabeth S. Young, Executive Director is attached as
Exhibit "B".
3. Paragraph la shall be amended to reflect personnel changes and shall read as
follows:
Renewal of Administrative Agreement Page 1
66
1. REIMBURSABLE ADMMSTRATIVE 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 concts: r,3
-q
<7D Z:;
NAME FUNCTION HOURLY RAC o
r=-
C3
Elizabeth Young Administration $30.00 =
-n
_
Jodell Roberts Administration $22.00 - J
ValeAe V$ugeeht S AdffiiflisEffittieu $1 A9 - - -0
Reen Stanhouse Administration $15.00 $18.00 �
70
71
.
Aundria Vanbourgondien Administration $16.50
CD
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."
4. The remainder of the terms of the Agreement shall remain unchanged by the
acceptance of this renewal, and shall continue in effect until the term ends.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
;Wi e s for FKCA:
Print Name:
Title: gi �4 rdf
Date:
T�
Renewal of Administrative Agreement
BOARD OF COUNTY COMMISSIONERS
OF MO OE COUNTY, FLORIDA
By:
Mayor/Chairman
KEYS COUNCIL OF THE ARTS
S. Y
trxe ive li ctor
Date: 4 J X�41 5
MONROE COUNTY ATTORNEY
AP ROVED AS TO FOR
.,, )
NATILEENE W. CASSEL
SSISTANT COUNTY ATTORNEY
Page 2
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 CTKCA" 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 at 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
lWHEREAS, 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:
REDMURSABLE ADMITUSTRATIVE 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:
1
EXHIBIT
,U^9 0n
NAME FUNCTION DOURLY RATE
Elizabeth Young Administration $30.00 G�
Jodell Roberts Administration $22.00 l�
V stratt8ri"�t8:t?0""'!'
Reen Stanhodse: Administration $ 5.09
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 Se kmber 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 HARNtr RSS/INDEIVIM MCATION: 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.
J 2
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 STATEM]ENVT: 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 AUT 8t FKCA
Florida Keys Council of the Arts
1100 Simonton Street
Key West, FL 33040
10. The parties further agree as follows:
For County
Monroe County Project Management
1100 Simonton Street Rm 2-216
Key West, FL 33040
Monroe County Attorney
1111 12's Street, Suite 408
Key West, FL 33040
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.
3
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
�l 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. H 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.
A, 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
1 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
4
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 as. 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. 6101-61(Y7) 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 may 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 Agteemenl, and Quit 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.
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
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.
in. 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 satisfactluu or the ubligatiuu 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.
6
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.
S WHEREOF, the parties have caused these presents to be executed in their
respective
BOARD OF COUNTY COMMIS901
;':Ateet; )CkY L. SOLHAGE, Clerk, OF O �O , FLORIDA
BY;a �c By:
Deputy Clerk 'r�3�/.Z Mayor/Chairman
Al PP FLO
W
By- 0
B
Print Name:
Title: A.d��l�J1'm t= Date:
Date:
`A
TEE ARTS
S. Y
*, Zoi 2.-
MONROE COUNTY ATTORNEY
AP OVEP AS TO FO
NATILEENE W. C
ASSEL
SISTANT.COUNTY ATTORNEY
ETHICS CLAUSE
Etchwanants that helit has not employed, retained
or otherwise had act on hisft behalf any f6onner County officer or employeo in violation of
Section 2 of Ordinance No. 10-1990 or any County offs or anployee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of" provision fibs County
may, in its discretion, iecmm>aGe this ccmbact without liability and may also, in its discrctiom,
deduct from the contract or purchase prig, or otherwise recover, the full amount of any five,
commission, paventap, gift or consideration paid to
STATE OFORI b�
COUNTY OF aAJ Q O E
county gremp
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
l i 4b £A.... 11VA14.. _ who. after first bdAg swom by me, afilnred �C1
signature (name of individual signing) in the space provided above on this y day of
My commission espies:
OMB - MCP FORM #4
Ater a.4siam
!► wlso •saris raw
• * t»aull. si�kiM rut �4, H10
G0Ma1bsIIi I is 1I111/
�oadld 11rousM MMbatl MAW.
DRUG -FREE WORKPLACE FORM
The uuderdped vendor in socordanoe with Plod& Statute 287.087 hereby ca tfies that:
(Name ofBadness) .
1. Publish a sa 10100M notifying employees that the unlawful mannfacm distri1mboa, dispensing,
Possession. or use of a controlled substance is prohibited In the workplace and specifying the actions taut
will be tdm against a mployas for violations of such p W bitiem.
2. Inform employees about the dangers of drug abuse in the Taco, the business's policy, of
maintaining a drog-five wodTlaoe, any aveilabhr drug couasdM rehabilitation, and employee assistance
pwpama, sad the penalties that may be imposed upon empbyees for drug abuse violations.
3. (live each employee engaged in proaiding the commodities or contractual, services that are under bid a
coP9 of the statement muffled in subsection (1).
4. Ice the statement specified In subsection (1), notify the employees that, as a condition of working am the
commodities or comtractoal services that are under bid, the employee will abide by the ioanms of the
statement and will notify the employer of any conviction. og or plea of guilty or nolo coamendere to, any
violation of Chapter 993 (Florida Stet =) or ad any coaAmllod substance law of the United Stains or any
stated for a violation occanaimg in the wadgAace no later than The (5) days affear such conviction.
5. Impose a sanction on, or require the satidhotory participation in a drug abuse assistance or
nehehfiltaticn program if such is available in the employee's community, at any employee who is so
convicted.
6. Make a good faith WIM to continuo to maintain a drug kw wadgftoe through implementation of this
swum
As the Pearson authcd=d to sign the statement, I oer* that tots firm complies fully with the above
OMB - MCP#5
II1BUC 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
Date:
We Support a We Connect • We Promote • We Give
www.keyr,arts.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
1 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 y
L
- ` Historic Gato Building • 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040
305-295-4369 a Pax 305-295-4372 • info®keysarts.com
We Support • We Connect • We Promote • We Give
www.keysarts.com
August 6, 2013
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
This is a request that the Monroe County Art In Public Places Administrative Agreement
dated September 19, 2012 between the Board of County Commissioners for Monroe
County and the Florida Keys Council of the Arts be renewed for another year beginning
October 1, 2013 and ending September 30, 2014.
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 six projects: Key West
International Airport (RFP #2), Marathon Court House, Conch Key Fire Station, Stock
Island Fire Station, Freeman Justice Center Lobby and Freeman Justice Center Drug
Court.
EXHIBIT
Historic Gato Building * 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040
305-295-4369 • Fax 305-295-4372 • info®keysarts.com
I
PLO�yAy,
August 6, 2013
To: Ann M. Rigor
Contracts Administrator
Monroe County
We Support • We Connect • We Promote • We Give
From: Florida Keys Council of the Arts
Elizabeth S. Young, Executive Director
Re: Monroe County Art in Public Places Administrative Agreement
Current Arts Council Personnel Information
Ann -
Please find the following current personnel information under the agreement.
NAME FUNCTION RATE per hour
Elizabeth Young Administration $30.00
]odell Roberts Administration $22.00
Aundria VanBourgondien Administration $16.50
Reen Stanhouse Administration $18.00
Thank you.
www.keysarts.com
Historic Gato Building • 1100 Simonton Street, Suite 2-263 • Key West, Florida 33040
305-295-4369 • Fax 305-295-4372 • info®keysarts.com
Commissioner Dixie Spehar
AN ORDINANCE CREATING SEC. 2-332(A). MON We oa M'Y COPE, PROVM M6 FOR FUNDING OF ART IN NEW MJK= CONSTRVCTION AND MAJOR
RENOVATIONS PROTECTS; PWVIDIN6 FOR SEVERA11112W.- PROVIDIW6 FOR THE
REPEAL OF ALL ORDINANCES ST eW HEW*T H, Roy= " FOR
INCORPORATION DM
THE #AN WE C MTY CODE OF ORDINANCES: AND
WHEREAS, the County finds it in the best interest of its citizens to increase public access to art;
WHEREAS, the County desires to promote understonding and awareness of the visual arts and to
enrich the public environment for residents and visitors; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS Of MONROE COUNTY,
FLORIDA,
Section 1. Sec. 2-332(A) is hereby created to read as follows.
A. The Board of County Commissioners recognizes the extent of cultural resources
available in the County for development, promotion, and cNayment of the arts. It is the
Intent of the County Commission by enacting this ordinance to enrich culturally and benefit
the citizens of this County through the establishment of art in public places.
for
1) One percent (1%) of the construction costs for County construction, except
any sewage treatment plant, shall be sat aside for the acquisition, commission,
lft"lation oriel maintenance of works of art In said buildings. This appropriation shall apply
only to new construction exceeding $500,000 or renovations exceeding $IW O0o in cast.
a) Construction costs do not include architectural and engineering fees,
asbestos abatement or other environmental costs. preparation. site work, or contingency
Ce to La -r!
1= 5.0 AJ. b) All construction costs to be used for determining the amount of the
ke pee llc-places appropriation shall be calculated as of the date the construction
• .,cml toct is executed.
LL CV) U
LU �- = J c c) SaMage treatment Mats shall be ex
priations for art in public places. exempt from mandatory
2) The art -In -public -places appropriations and gifts, grants and donations mode
to Monroe County for the purpose of acquiring and installing art in public places shall bit
separately accounted for and nay be used only for the following purposes; to acquire,
commission, install, or maintain art in public places.
A'dW"2 There is hereby established an Arts in public places Committee, which shall be an
advisory body to the County Commission. The Arts in public Places Committee shall be co voting members and two non -voting members, and shall have the sole g pow of five
purpose of reviewing responses to
Requests for Proposals for art to be acquired and installed in each public construction project subject to the
Arts in Public Places set aside requirement,
&d I .I.3- Each County Commissioner shall appoint one voting member whose term shall run
concurrently with the term of the appointing commissioner and who shall live or work in the appointing
commissioner's district. There shall be one voting member who is either a board Monroe Council for the Arts Corporation. Each remainring voting member must member or staff of the
following: "Pr'esart one or more of the
a) working artist,
b) art professional;
c) kndsCape architect or interior designer,
d) curator,or
e) general public.
21191011A The County Administrator shall appoint to the committee the two non-vot
ing members
on a project by project bogs. The non -voting members shall be famior a similar nexus to the project.liar with the Position or contract as the architect, the building/project supervisor, Project through their
Section
If
invalid, the renoin�ider of this osrdinance shall i be affected by, ck� or provision held
by such invalidity. of this ordinance is
Section . All ordinances or parts of h
ordinances in conflict with this ordinance areherebyrepealed to the extent of said conflict.
.4ectlo 7- The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the Canty of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbwiny system of the Code.
AKti A This ordinance shall take effect immediately upon receipt of official not co from the
Office of the Setretnry of State of the State of Florida that this ordinorr has been filed with said Office,
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 16—�. day of Mau 2001.
Mayor Geor9e Neugent es
COW=!"CNN" Charles McCoy yes
issioner Murray Nelson -------
'oner Dixie Spehar -
Nora Vviilliams es
IL
�%Wz yes
t L.KOLHA6E. Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
erk
�l.
Mayor/Chairperson
'PROVED AS TO ►OR
i` IEML SUFFia
U N U ON