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