Item E08 �s E.$
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
November 17, 2021
Agenda Item Number: E.8
Agenda Item Summary #9908
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
N/A
AGENDA ITEM WORDING: Approval of a Third Amendment to the Administrative Agreement
with the Florida Keys Council of the Arts (FKCA) to revise the hourly rates for staff members. The
Administrative Agreement allows FKCA to utilize 10% of the art funding for each project for
administrative expenses incurred per Ordinance 4022-2001.
ITEM BACKGROUND: The Art in Public Places Ordinance 4022-2001 provides for an
appropriation of one percent (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. The Administrative Agreement allows the Florida
Keys Council of the Arts (FKCA) to utilize ten percent (10%) of the art funding for certain
administrative expenses incurred for each project.
The current Agreement was originally approved in 2016 and the hourly rates for staff members has
not changed or been increased in the five (5) years that the agreement has been in place. FKCA has
requested an increase in the hourly rates for three (3) staff members who incur administrative
expenses for AIPP projects. FKCA can still only utilize ten percent (10%) of the art funding for
administrative expenses per the ordinance.
PREVIOUS RELEVANT BOCC ACTION:
July 20, 2016 BOCC approved a three (3)year Administrative Agreement to utilize 10% of the
art funding for administrative expenses incurred by the FKCA. The initial term
commenced on October 1, 2016, and expires on September 30, 2019.
August 15, 2017 BOCC approved a First Amendment to Agreement updating personnel that
needed to be properly identified and designated for reimbursement eligibility.
July 17, 2019 BOCC approved a Second Amendment to Agreement to extend the agreement for
an additional 3 years with a new expiration date of September 30, 2022.
CONTRACT/AGREEMENT CHANGES:
Revised hourly wages for Arts Council Staff
STAFF RECOMMENDATION: Approval of Third Amendment
Packet Pg.398
E.8
DOCUMENTATION:
AIPP Agreement+ Amends EXEC eff. 2016-2022
AIPP Admin Memo Adjusted Hourly rates Oct 21
Amend 3_AIPP_arts council signed
FINANCIAL IMPACT:
Effective Date: 11/17/21
Expiration Date: 09/30/22
Total Dollar Value of Contract: N/A
Total Cost to County: 10% of the 1% allocated for Art in Public Places
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Per relevant project.
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: Yes
Additional Details:
N/A
07/17/19 304-24000 GEN GOVT CAP PROJECTS $0.00
REVIEWED BY:
Kevin Wilson Completed 11/01/2021 9:21 PM
Cary Knight Completed 11/02/2021 12:36 PM
Joseph DiNovo Completed 11/02/2021 1:33 PM
Purchasing Completed 11/02/2021 1:39 PM
Budget and Finance Completed 11/02/2021 4:59 PM
Maria Slavik Completed 11/02/2021 5:25 PM
Liz Yongue Completed 11/02/2021 5:32 PM
Board of County Commissioners Pending 11/17/2021 9:00 AM
Packet Pg.399
E.8.ai
SECOND AMENDMENT TO ADMINISTRATIVE AGREEMENT
MONROE COUNTY ARTS IN PUBLIC PLACES
This SECOND AMENDMENT TO ADMINISTRATIVE AGREEMENT dated the 17'h day of
July,2019, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR
MONROE COUNTY, ("County"), and the FLORIDA KEYS COUNCIL OF THE ARTS E
("FKCA").. . 2
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2-233, _
provides for an appropriation of one percent(10/6)of the construction costs for new construction
exceeding $500,000.00 and renovations exceeding $100,000.00 for the acquisition, commission,
installation,and maintenance of works of art in said buildings; and
WHEREAS,on July 20,2016,the parties entered into an Administrative Agreement where
the AIPP committee can utilize ten percent (10%)of the art funding for each project for certain
reimbursement of administrative expenses incurred by the FKCA("Agreement");and
N
WHEREAS, on August 15, 2017, the parties agreed to a First Amendment to the CD
Agreement updating two (2)of the personnel that needed to be properly identified and designated
for reimbursement eligibility;and
N
WHEREAS,the three(3)year Agreement dated July 20, 2016, will expire on September
30,2019 with one(1)option to renew the Agreement for one(1)additional three-year term;and LU
LU
WHEREAS,the FKCA has authorized its Executive Director to request the option to renew
the Agreement for an additional three(3)year term;and
NOW THEREFORE, in consideration of the mutual covenants and payment contained +
herein, the parties have entered into this Second Amendment to Agreement on the terms and
conditions as set forth below: E
1. Paragraph 3 of the July 20,2016 Agreement is amended as follows:
AGREEMENT PERIOD: This Agreement is for the period of three(3)years beginning CL
October 1,2019, and ending September 30, 2022. There are no remaining options.to
renew.
The remainder of the terms and conditions of the Agreement, as Amended on August 15,
2017, remain unchanged by this Second Amendment, and continue in full force and effect until
the Agreement term ends.
1
Packet Pg.400
E.8.ai
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
ive names.
n
5r�
a ..
F BOARD OF COUNTY COMMISSIONERS
VIN MADOK,Clerk OF MONROE UN ORIDA
E
e ByCL
Deputy Clerk Mayor/Chairman
0
AIPP FLORIDA KEYS COUNCIL OF THE ARTS
Witness:
By: B .
W
Elizabe Young
Print Name: xecu 'We Director
Date: Date' _
i
i
c �+
MONR OE COUNTY ATTORNEWS OFFICE
CL
�-- A 011Ep AST F R
b
�" PATRVA EABLES N i ASSISTANTSO'NTYA ORNEY
cz� F-r- t u DATE:
C
p ..J ct
C)
2
Packet Pg.401
E.8.ai
FIRST AMENDMENT TO ADMINISTRATIVE AGREEMENT
MONROE COUNTY ARTS IN PUBLIC PLACES
'This FIRST AMENDMENT dated the-J:j�day of V ,201 , is entered into by
and between the Board of County Commissioners of Monroe County, ("County"), and the Florida
Keys Council of the Arts ("FKCA").
WHEREAS, the Art in Public Places (AIPP) Ordinance #022-2001, codified at MCC §2-
233, provides for an appropriation of one percent (1%) of the construction costs for new
construction exceeding $500,000.00 and renovations exceeding $100,000.00 for the acquisition, CL
commission, installation, and maintenance of works of art in said buildings; and
0
WHEREAS,on July 20, 2016,the parties entered into an Administrative Agreement where
the AIPP committee can utilize ten percent (10%) of the art funding for each project for certain
reimbursement of administrative expenses incurred by the FKCA("Agreement"); and E
WHEREAS, the FKCA may reimburse personnel for their time spent associated with an
art project or FKCA/AIPP administration operations and functions,at their hourly rates,and which
must be approved by the Director of Project Management; and
N
WHEREAS,two(2)of the personnel listed on the Agreement,Allison Carroll and Shannon
Lynch,have been replaced with two (2)new personnel, Martha Resk and Cynthia Page,that need
to be properly identified and designated for reimbursement eligibility in the Agreement; and
i
NOW THEREFORE, in consideration of the mutual covenants and payment contained
herein, the parties have entered in to this First Amendment to the Agreement on the terms and
conditions as set forth below:
1. Paragraph La. of the Agreement is amended as follows: �
a. The FKCA 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 the issuance CL
of RFQ's and RFP's, collating and distributing responses, providing administrative
support during evaluation meetings, and preparation and processing of contracts:
NAME FUNCTION HOURLY RATE
Elizabeth Young Administration $30.00
Martha Resk Administration $25.00
Cynthia Page Administration $20.00
Packet Pg.402
E.8.ai
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.
The remainder of the terms and conditions of the Agreement remain unchanged by this First
Amendment, and continue in full force and effect until the Agreement term ends.
IN WITNESS WHEREOF, the parties have caused these presents to be executed in their
respective names.
FLORI KEYS COUNCIL OF THE ARTS
By: -- --
zabeth S Young
txecutiv irector
I �
Date: ` <
MONR COUNTY R T ANAGEMENT
CD
By:
C.,ary Knight
Interim Project Management Manager
Date: 1 i
MONROE COUNTY ATTORNEY E
APPR VEEP AS TO FORM
CHR S AMBROSIO
ASSISTANT COUNTY ATTORNEY
CL
Packet Pg.403
MONROE COUNTY ARTS IN PUBLIC PLACES
ADMINISTRATIVE AGREEMENT
This AGREEMENT dated the 201h day of July, 2016, is entered into by and between the
BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, ("County"), and the
Florida Keys Council of the Arts ("FKCA").
WHEREAS, the Art in Public Places Ordinance #022-2001, codified at MCC §2-233,
provides for an appropriation of 1% of the construction costs for new construction exceeding
W
$500,000.00 and renovations exceeding $100,000.00 for the acquisition, commission, 2
installation, and maintenance of works of art in said buildings; and
WHEREAS, the ordinance establishes an Arts in Public Places Committee (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 FKCA; and
N
N
WHEREAS, an Administrative Agreement for the FKCA to utilize 10% of the art
funding for administrative expenses has been continuously in effect since the first BOCC action
on October 15, 2008; N
i
WHEREAS, the current Administrative Agreement will expire on September 30, 2016
with no additional options available to renew the Agreement; and LUi
WHEREAS, the FKCA has authorized its Executive Director to request to enter into a E
new Administrative Agreement to utilize 10% of the art funding for administrative expenses +
effective October 1, 2016 and expiring on September 30, 2019; 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:
I. REIMBURSABLE ADMINISTRATIVE EXPENSES: The County shall reimburse up to E
10% of the funds allocated for each project to the FKCA 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 FKCA 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
Page 1 1
Packet Pg.404
E.8.ai
RFQ's and RFP's, collating and distributing responses, providing administrative
support during evaluation meetings, and preparation and processing of contracts:
NAME FUNCTION HOURLY RATE
Elizabeth Young Administration $30.00
Allison Carroll Administration $25.00
Shannon Lynch Administration $20.00
The services performed by the above personnel shall be reimbursed at their hourly E
rate. A schedule of services must be approved by the Director of Project 2
Management.
CL
b. Expense of transportation and living expenses, but only to the extent and in the
amounts authorized by Section 112.061, Florida Statutes.
C. Postage and handling of documents associated with the project.
d. Costs for printing,binding, copying costs associated with the project.
1 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 three years beginning N
October 1, 2016 and ending September 30, 2.019. There will be 1 option to renew this
Agreement for one additional three-year term. Renewal must be requested in writing by LU
the FKCA and approved by the Board of County Commissioners of Monroe County. W i
4. SEPARATE ENTITY: At all times and for all purposes hereunder, the FKCA is a E
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 E
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 FKCA hereby agrees to indemnify and
hold harmless the BOCC, and any of its officers and employees from and against any and E
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
Page i 2
Packet Pg.405
E.8.ai
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.
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 E
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 W
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 i
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 yi
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 CL
Executive Director
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 121h Street, Suite 408
Key West, FL 33040
Page 3
Packet Pg.406
E.8.ai
10. The parties further agree as follows:
a. Public Records Compliance. FKCA 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 FKCA 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 FKCA in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this contract E
upon violation of this provision by the FKCA. Failure of the FKCA to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce CL
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 contract.
The FKCA is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the FKCA is
required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or asLU
otherwise provided by law. LU
Ch
(3) 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
FKCA does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public E
records in possession of the FKCA or keep and maintain public records that would be 2
required by the County to perform the service. If the FKCA transfers all public
CL
records to the County upon completion of the contract, the FKCA shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the FKCA keeps and maintains public records
upon completion of the contract, the FKCA shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
the County shall immediately notify the FKCA of the request, and the FKCA must
Page 14
Packet Pg.407
provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the FKCA 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 FKCA. 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 sectionl 19.10, Florida Statutes. E
The FKCA shall not transfer custody, release, alter, destroy or otherwise dispose of
CL
any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE FICA HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119 FLORIDA STATUTES TO THE FKCA'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT
CONTACT THE CUSTODIAN OF PUBLIC RECORDS B IIAN BRADLEY
AT PHONE# 305-292-3470 BRADLEY-BRIAN__,MONROECOUNTY- N
FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12"n Street CD
SUITE 408 KEY `NEST FL 33040.
N
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 W i
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 E
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 E
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.
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
Page 15
Packet Pg.408
E.8.ai
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, E
delivery and performance of this Agreement have been duly authorized by all 2
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 W
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 i
the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. Wi
h. Cooperation. In the event any administrative or legal proceeding is instituted against E
either party relating to the formation, execution, performance, or breach of this +
Agreement, County 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;
Page 16
Packet Pg.409
E.8.ai
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 E
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 2
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
CL
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 N
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.
i
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 W i
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency; E
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 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.
Page 17
Packet Pg.410
E.8.ai
m. 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.
n. 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, 2
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.
o. 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. i
p. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the E
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 E
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.
q. 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
r. 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
Page 18
Packet Pg.411
E.8.ai
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.
s. 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.
W
t. Section Headings. Section headings have been inserted in this Agreement as a matter 2
CD
of convenience of reference only, and it is agreed that such section headings are not a
CL
part of this Agreement and will not be used in the interpretation of any provision of
this Agreement. c
IN WITNESS WHEREOF, the parties have caused these presents to be executed in
their respective names.
BOARD OF COUNTY COMMISSIONERS _
r9
i s HEAVILIN, Clerk OF MONROE FLORIDA
r
09
De ity Clerk Ma/chairman
H-
®y�
W
AIPP FLORID a S COUNCIL OF THE ARTS
Witness:,,,, i
By: By:
71
�l aboth S. Y oung +
Print Name: `s < ecutive D' ector
Title: Date: r 2 (5
CL
Date: C � i ()MONROE COUNTY ATTORNEY
PROV D AS TO IzORM
E
CHR1S AMBROSIO
ASE,I TANT COUNTY �"ORNEY
Lr
Date: % �"
Page 9
Packet Pg.412
E.8.ai
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
rr .' ,
(Company)
c.
CL
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.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the County may, in its discretion,
terminate this 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 to the fogner County officer or
employee".
W
(Sid at°r )
l at&..
f-
STATE OF: i
COUNTY OF: f` y, }ram
Subscribed and sworn to (or affirmed) before me on 6-- e
(date) by 4t (name of affiant). 11 is
CL
personally to ' to me or has p oduced
as identification. (type of identification)
AY PUBLIC
My=Bonded
l M R e�;ut7lic ko
S'ar,of Florida.Expires Jul 24,2016ssion EE 219114ough National Notar, ';sn
Packet Pg.413
E.8.ai
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
(F(clCA)
(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 CL
and specifying the actions that will be taken against employees for violations of such
prohibition. c
0
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).
N
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
LU
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. LU yi
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 E
implementation of this section. 2
As the person authorized to sign the statement, I certify that this firm complies fully with CL
the above requirem, ts,
<I
l espon ent's ignature
Date
Packet Pg.414
E.8.ai
PUBLIC ENTITV CRIME S ATE 1EN
"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 E
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 hav d and acknowledge the Public Entity Crime Statment
r
L Sg� a;tue
. N
Date "• l °'i
i
Packet Pg.415
E.8.b
ke-ys We
Support We Connect We Promote a, We Give
FLORIDA .keysa ts.co
COUNCIL OF THE
October 27, 2021
CL
To: Rreanne Ericson
Contracts Administrator o
Monroe County
From: Florida Keys Council of the Arts
Elizabeth S.Young, Executive Director
r9
Rea Monroe County Art in Public Places Administrative Agreement Hourly Rate adjustment
Current Arts Council Personnel Information
0
reanne—
Please find the following current personnel hourly rate information that needs to be updated under the _
Art in Public Places agreement.
0
NAME FUNCTION RATE per hour E
Elizabeth Young Administration $38.46
Martha Resk Administration $3 . 3
Cynthia Page Administration $27.
Thank you.
Historic ato Building 1100 Simonton Street, Site 2-2 3 Key West, Florida 33040
3 -2 - 3 Fax 3 5-295- 372 * infogkeysarts.com
Packet;Pg.416
E.8.c
THIRD AMENDMENT TO ADMINISTRATIVE AGREEMENT
MONROE COUNTY ARTS IN PUBLIC PLACES
This THIRD AMENDMENT dated the 171h of November, 2021, is entered into by and between
the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, ("County"), and the
FLORIDA KEYS COUNCIL OF THE ARTS ("FKCA").
WHEREAS, the Art in Public Places Ordinance 4022-2001, codified at MCC §2-233,
provides for an appropriation of 1% of the construction costs for new construction exceeding
$500,000.00 and renovations exceeding $100,000.00 for the acquisition, commission, installation,
E
and maintenance of works of art in said buildings; and
WHEREAS, on July 20, 2016,the parties entered into an Administrative Agreement where CL
the AIPP committee can utilize ten percent (10%) of the art funding for each project for certain <
reimbursement of administrative expenses incurred by the FKCA ("Agreement"); and
WHEREAS, on August 15, 2017, the parties agreed to a First Amendment to the
Agreement updating two of the personnel that needed to be properly identified and designated for
E
reimbursement eligibility; and
WHEREAS,on July 17,2019,the parties agreed to a Second Amendment to the Agreement -�
extending the agreement period for an additional three (3)years until September 20, 2022; and
WHEREAS, the FKCA has requested an update to the hourly pay rate for their employees
which have remained the same since the original Agreement was executed. 0
N
NOW THEREFORE, in consideration of the mutual covenants and payment containedi
herein,the parties have entered into this Agreement on the terms and conditions as set forth below: CL
e(
i
1. Paragraph l.a. of the Agreement is amended as follows:
a. The FKCA 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 �t
the issuance of RFQs and RFPs, collating and distributing responses,providing
administrative support during evaluation meetings, and preparation and �E
processing of contracts:
NAME FUNCTION HOURLY RATE
Elizabeth Young Administration $38.46
Martha Resk Administration $30.23
Cynthia Page Administration $27.89
Page 1 of 2
Packet Pg.417
E.8.c
The servicesperfonned by the above personnel shall be reimbursed at their
curly rate, A schedule ofservices must be approved , the Director,of Prqjcct
Management.
. In all other respects, the original AgreefflCrIt dated July 20, 2016, as first amended on
August 15, 2017, as second an-iended an July 17,, 9 remains unchanged,
N WITNESS WHEREOF, each party causes this Third Amendment to the Agreement to be
executed by its duly authorized representative on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY., FLORIDA By-
As Deputy Clerk Mayor/Chairman
^PRRCWE0 AS TO FOR
,W
DAYE
m
FLORIDAKEYS COUNCIL OF HE ARTS
Witness:
A � b
R
Print Nam Ex6bgtiveDirector
i
Date; _ Date: CL
i
Pag Packet Pg.418