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Resolution 083-1985 Fine Arts Council RESOLUTION NO. 083 -1985 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO APPROVE AND EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND BROWARD COUNTY, PALM BEACH COUNTY AND DADE COUNTY RELATING TO THE CREATION OF THE SOUTH FLORIDA CULTRUAL CONSORTIUM. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to approve and execute an Interlocal Agreement by and between Monroe County, Florida, and Broward County, Palm Beach County and Dade County, a copy of same being attached hereto, . relating to the creation of the South Florida Cultural Consortium. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 20th day of March, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA - . .. ~ By ~~.6~. --~ ayor a1rman (Seal) Attest: If2 .. ~.. ~ -C -~ - /(1_. ,/,.. (.' : llfv 1/;/ '~1 j; (. , er ' ( APPROVED AS TO FORM AND / GAL SUFFICIEN~j , "'. /p/ ~/[ ~' BY ,--C-L-,~~. ,/l/I.F (' Attorney's Office /\ INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MONROE COUNTY PALM BEACH COUNTY AND DADE COUNTY RELATING TO THE CREATION OF THE SOUTH FLORIDA CULTURAL CONSORTIUM THIS AGREEMENT, entered into this day of March, 1985, among Broward County, Monroe County, Palm Beach County and -_Dade .Coun toY_. -------......._- ~-""-.~ WHEREA~, Metropoli tan Dade County (hereinafter "Dade Coun- ty"), Broward County, Palm Beach County and Monroe County desire to join together to form a regional cul~ural consortium; and WHEREAS, Section 163.01, Florida Statues (1983), provides a method for counties to join, together to create a ~egional cul- tural consortium; and WHEREAS, Section 163.01, Florida 'Statutes (1983), also provides the authorization for the creation of a separate entity by means of an interlocal agreement; and WHEREAS, pursuant to this Interlocal Agreement and through ordinances adopted by Dade County (Ordinance No. 85- ) and Monroe County (Ordinance No. 6-1980' ) the South Florida Cultural Consortium is created; NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. There is hereby authorized to be created and estab- lished, pursuant to Section 163.01, Florida Statutes, a separate enti ty to be known as The South Florida Cultural Consortium (hereinafter "ConsortiUm)". 2. The purpose of this Agreement shall be to create a formal process for inter-county cooperation for enhancement, encouragement and public expenditures in support of culture and the arts within these counties and with such other government entities with which these counties may in the future contract. 3. This Agreement shall initially be in effect for three (3) years from January 1, 1985 through December 31, 1987, unless extended by the parties. Any party may withdraw from this Agreement commencing on any January 1st by giving written notice to the other parties by October 31st of the preceding calendar year. 4. The membership of the Consortium shall be composed of the Chair of each County's cultural council responsible for matters relating to cultures and the arts and the Executive ,_Director of each county cultural counci~, or such other citizens' ------..---- council sta~f member as the County Manager or County Administra- tor for each respective county may designate. Consortium members shall be as follows: The initial Broward County 1) Andria Pinson, Chairperson Broward Arts Council 2) 'Mary Becht, Director Broward County Office of Cultural Arts Dade County 1) Alan Greer, Chairman Dade County Council of Arts & Sciences 2) Kenneth R. Kahn, Exec. Director Dade County Council of Arts & Sciences Monroe County 1) James Stokes, Chairman Monroe County Fine Arts Council 2) Grant Spradling, Exec. Director Monroe County Fine Arts Council 1) Robert M. Montgomery, Jr., Chairman Palm Beach County Council of the Arts, Inc. Palm Beach County 2) William E. Ray, Exec. Director Palm Beach County Council of the Arts, Inc. Members shall serve without compensation but may be reimbursed from Consortium funds for actual authorized expenses incurred in the discharge of their duties as provided below. 5. The Consortium will meet no less frequently than two (2) times per year and otherwise as may be called by the Chair of the Consortium. The Consortium shall annually elect a Chair from among the members' who are executive directors or designated staff people. In the event the Chair resigns his or her employment or his or her office, a new election shall be held as soon as 2 practicable. Each member shall have one vote and a member must be present to exercise that vote. A quorum shall consist of a majority plus one of all Consortium members. Matters, except as noted below, shall be determined by a maj ori ty vote at a duly , constituted meeting. A matter may be reconsidered at the same . , meeting at which it was initially decided or at the next meeting of the Consortium, provided that the motion to reconsider must be __offel:ed by a member who voted with the majority at the initial determination. - ----------- 6. The Consortium shall have the following powers which may be exercised without further approval of the parties: a) to seek and accept in the name of the participating parties, feder- aI, state, local or private gifts, grants, assistan~e, funds and bequests in the furtherance of its purposes; b) to enter into contracts for commodities, goods and services, and into leases not exceeding one (1) year in duration and these contracts and leases shall bind the parties to the same extent as if entered into by the parties directly; c) to expend or carryover budgeted sums to the succeeding fiscal year, provided that all expendi- tures and leases shall be in accordance'with federal regulations, state law and the Dade County Charter, ordinances and procedures, and further provided that where Dade County ordinances and procedures require action by the Dade County Board of County Commissioners, then action by the Consortium shall be required in lieu thereof, and where Dade County ordinances and procedures require action by the County Manager, then action by the Chair shall be required in lieu thereof; d) to grant monies in accor- dance with a formal program or programs which it shall develop; and e) to acquire, operate, maintain, lease or sell any personal property subject to federal grant restrictions. At no time may the Consortium expend or commit more money in any fiscal year then it has received. The Consortium may sue and be sued in its own name; provided that each party shall bear an equal share of all liabilities incurred as a result of formal Consortium acts. 3 September 30th of each year. 7. The Consortium shall establish a fiscal year ending For fiscal year ending Septem- ber 30, 1985, the Authority shall operate pursuant to a budget approved by the Boards of County Commissioners of Dade County, Broward County, Palm Beach County and Monroe County as soon as practicable after the creation of the Consortium. For each succeeding fiscal year the Consortium shall submit to the respec- ---tive .boards ofsounty commissioners no ',later than the 1st day of April prec~ding each fiscal year, Consortium budget request pertaining to operating and capital expenditures which request shall not be implemented, until approved. by the respective Boards. The Consortium budget shall be prepared on official budget forms ---,..,--. ~-_.. in a format prescribed jointly by the respective Co~nty Managers and County Administrators and shall be reviewed in a manner similar to that in which requests of other county departments are reviewed. 8. The Consortium shall submit to the respective boards of county commissioners an annual report and an annual audit. The annual report shall be prepared by a finance officer of Dade County who is not a member of the Consortium and shall consist of: (a) a balance sheet; (b) a statement of revenue and expendi- tures; and (c) a statement of changes in fund balance. The annual report shall be submi tted to the County Managers and County Administrators by November 30th of each year. The audit shall be performed by an independent external auditor who is a certified public accountant licensed in the State of Florida. The audi t report shall be submitted to the Count Managers and County Administrators by December 31st of each year. A copy of any federal audit shall be submitted to the respective board of county commissioners. 9. Unless a party withdraws from this Agreement as provid- ed in Paragraph 2 above, each party shall contribute an equal amount of dollars' to fund this Agreement for each calendar year of this Agreement and that amount shall not be less than $66,670.00. The parties shall include this amount in their 4 .. annual budgets and shall hold their contributions in a segregated fund/project until committed for expenditure by formal action of the Consortium. Local match and federal funds shall be equally divided each year to each party through programs or services direc'tly benefiting each party. All funds received from the Monroe County Tourist Development Council shall be reserved and retained locally to be paid to the Consortium upon proper documentation showing said funds are to be utilized in Monroe County. 10. Dade County shall be designated as the fiscal and ---------..------ administrative agent for the Consortium. All sums due to the Consortium from any source except the contributions of the parties shall be paid to Dade County. No expendit~re shall be made without formal authorization from the Consortium in accor- dance with the procedures which it shall" adopt which procedures shall comply with federal guidelines. Documentation of all expenditures associated with contributions of the parties shall be maintained and provided to Dade County. Any federal grant funds required to be paid back as the result of a federal audit shall be borne equally by each party if the questioned expendi- ture was the result of formal Consortium action. 11. All contracts, leases and expenditures shall be formal- ly approved by the Consortium and signed by the Dade County Executive Director of the Council of Arts & Sciences, acting in his capacity as administrative and fiscal agent for the Consorti- urn. 12. Without. the" express authorization of each of the parties hereto, the Consortium may not borrow funds nor issue debt instruments; provided that nothing in this Agreement shall prevent the Consortium from leasing equipment or paying for equipment under a lease-purchase or installment sale agreement, the term of which shall not exceed the remaining term of this agreement. 13. Employees of the parties shall reasonably cooperate with the Consortium and shall provide such in-house service as 5 ,- may be available. The Consortium may engage such consultants and other service providers as it deems necessary. 14. The Dade County Attorney shall furnish legal advice and representation to the Consortium at no cost. All contracts and lease's to be considered by the Consortium must have been approved by the Dade County Attorney's Office for form and legal suffi- ciency before Consortium action. A copy of all contracts and leases shall be forwarded to the respec~ive County Attorneys. 15. The Consortium -;hciTf establish uniform rates for the temporary use of any equipment it may lease, service it may provide, or literature it may sell to the general public. The Consortium shall establish such rules and regulations as may be necessary in the conduct of its business. These rates, rules and regulations shall be enforced in each participating County as if they had been promulgated by each County Commission by resolu- tion. 16. At the termination of this Agreement all property then held by the Consortium in which the federal government holds no equity shall be evaluated and distributed among the parties or sold at public auction and the proceeds distributed to the parties. Property purchased with federal grant funds shall be disposed of in accordance with applicable regulations. 17. At the termination of this Agreement each party is entitled to an equal proportionate share of all property (or the proceeds thereof) acquired in part with the contribution of that party. Any party terminating its participation prior to the termination date fixed by this Agreement, as it may be extended from time to time, shall not be entitled to any share of any property or the proceeds thereof nor be responsible for any liabilities thereafter. 18. The Consortium will participate with the Dade County self-insurance program and may purchase insurance. 19. The Consortium shall, in September of each year during the term of this Agreement, report to the County Commission of each of the parties as to the past and proposed activities of the 6 Consortium. In addition, copies of all agendas and of minutes of each Consortium and executive commi ttee meeting shall be fur- nished to the County Administrator or Manager and the County Attorney or General Counsel of each party. '20. The Consortium may delegate to its executive committee any and all of the business of the Consortium. The executive committee shall be composed of the executive director members of the ~onsortium. The executive connnittee shall meet no less frequently than ten 00 )tinies during each calendar year. A quorum of the executive connnittee shall be three (3) members, and the Consortium Chair shall chair the executive committee. All meetings of the executive commi ttee shall comply wi th the re- quirements of The Florida Government in the Sunshine Law. ATTEST: METROPOLITAN DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS .. By Deputy Clerk By County Manager (Seal) ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Ex Officio Clerk of the Board of County Connnissioners of Broward County, Florida By Chairman Clerk of the Circuit Court of Broward County: By: _day of (Seal) , 1985 ATTEST: By MONROE COUNTY, FLORIDA, by its BOARD OF COUNTY CO~lliISSIONERS Deputy Clerk By Chairman (Seal) By Deputy Clerk PALM BEACH COUNTY, FLORIDA, by its BOARD OF COUNTY COMMISSIONERS By County Manager ATTEST: (Seal) 7