1st Amendment 03/20/2024 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: April 2, 2024
TO: Cary Vick, Interim Director
Project Management
Breanne Erickson, Contract/Budget Administrator
Project Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 20, 2024 BOCC Meeting
The following item has been executed and added to the record:
C14 1 st Amendment to the Administrative Agreement with the Florida Keys Council
of the Arts (FKCA)to utilize 10% of the 1% Art in Public Places allocation for capital projects,
to pay for administrative expenses. This First Amendment updates certain contract provisions
and also updates personnel and hourly rates.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FIRST AMENDMENT TO ADMINISTRATIVE AGREEMENT
MONROE COUNTY ARTS IN PUBLIC PLACES
This FIRST AMENDMENT dated the 201h day of March 2024, 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 No. 022-2001, 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,
and maintenance of works of art in said buildings; and
WHEREAS, on January 18, 2023, the parties entered into an Administrative Agreement
where the Art in Public Places ("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,the FKCA has requested an update to the Administrative Agreement to reflect
current hourly pay rate and listed personnel and to update certain provisions to bring them current
with County policies.
NOW, THEREFORE, in consideration of the mutual covenants and payment contained
herein, the parties have entered into this First Amendment to Agreement on the terms and
conditions as set forth below:
1. Paragraph l.a. of the Agreement is amended by deleting the current paragraph and
replacing it in its entirety with the following paragraph:
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 of RFQs and RFPs, collating and distributing responses,providing
administrative support during evaluation meetings, and preparation and
processing of contracts:
NAME FUNCTION HOURLY RATE
Elizabeth Young Administration $42.76
Martha Resk Administration $35.33
Mary Martin Administration $28.00
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.
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2. Paragraph 8, PUBLIC ENTITY CRIME STATEMENT, of the Agreement, is hereby
amended to delete the current Paragraph 8 and replace it in its entirety with the
following paragraph:
9. PUBLIC ENTITY CRIME STATEMENT: "A person or affiliate who has
been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid, proposal, or reply on a contract to provide any goods
or services to a public entity, may not submit a bid,proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public
work, may not submit bids, proposals, or replies on leases of real property to a
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-
six (36)months from the date of being placed on the convicted vendor list."
3. Paragraph 18, Nondiscrimination, of the Agreement, is hereby amended to delete
the current Paragraph 18 and replace it in its entirety with the following Paragraph:
18. NONDISCRIMINATION. Contractor 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. Contractor and 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 VII of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in
employment on the basis of race, color,religion, sex, or national origin; 2) Title IX
of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of
the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of disability; 4) The Age Discrimination Act of 1975,
as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of
age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended,relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from
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time W.time;relating to nondiscrimination on:010..basis of disability; 10) Monroe
County Code Chapter 1.4;Article II,which prohibits discrimination on-the basis of
taco;:. ditilor,.. sex, religion, national origin, ',ancestry, irsexual orientation, gender
identity or,expression;familial status:.or age; and 11)Any other nondiscrimination
provisions in any Federal or.st.4te:statuts.-wIliai may apply to thepaides to, or the
isubject matter of, this.Agreement.
4. In 411.. other respects, the. original: Agreement dated .January 18, 2023, temajo4
unchanged..
IN WITNESS WHEREOF, each party causes First Amendment to the Afgergent.to
be executed by its:.dtilyaUthotizoit representative on the• day- written above.
. .
(SEAL) :),\ OF COUNTY
P‘-1Attest KEVIN MADOK, Cleik OF MONROE COUNTY,FLORIDA
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:tixtiity: 0(44,otyvi - _
By
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As Deputy Clerk. Mayor/Chairman
Date:i
FLORIDA KEYS COUNCIL OF THE ARTS.
Witness:
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Print Name M.A.:,1t7170/4, .
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ASSISTANT COUNTY ATTORNEY 7,17
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