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Item E01C oun t y of Monr ELj » °o � i� G�, � BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 The Florida Ke s lv ', y f i I w; \ Mayor Pro Tern Sylvia J. Murphy, District 5 ; ,= _ :' j Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting December 13, 2017 Agenda Item Number: E.1 Agenda Item Summary #3597 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296 -1552 N/A AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Monroe Council of the Arts Corporation, d/b /a Florida Keys Council of the Arts to increase funding from $72,500 /year to $100,000 /year to supplement cost of tourist related programs ITEM BACKGROUND: The Florida Keys Council of the Arts funding for these services has not been adjusted since 2004 and they have requested the amount of funding be increased from $72,500 to $100,000. TDC approved same at their meeting of October 11, 2017 PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of August 17, 2016 CONTRACT /AGREEMENT CHANGES: Amendment to Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Florida Keys Council of the Arts Amendment and Agreement FINANCIAL IMPACT: Effective Date: October 1, 2017 Expiration Date: September 29, 2018 Total Dollar Value of Contract: $100,000 Total Cost to County: No Cost to County Current Year Portion: $100,000 Budgeted: Yes Source of Funds: TDC CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: No Additional Details: If yes, amount: 12/13/17 115 -75035 • 35% - EVENTS $100,000.00 REVIEWED BY: Maxine Pacini Completed 11/14/2017 2:01 PM Christine Limbert Completed 11/16/2017 12:05 PM Budget and Finance Completed 11/16/2017 4:23 PM Maria Slavik Completed 11/17/2017 7:25 AM Kathy Peters Completed 11/27/2017 9:15 AM Board of County Commissioners Pending 12/13/2017 9:00 AM E.1.a AMENDMENT tl AMENDMENT) TO AGREEMENT THIS AMENDMENT to Agreement dated the day of 2417, is entered into by and between the Board of County Commissioners for Monroe County, a political subdivision of the state of Florida (County), on behalf of the Tourist Development Council, and Monroe Council of the Arts Corporation, dlbla Florida Keys Council of the Arts hereinafter referred to as the "Contractor" WHEREAS, there was an Agreement entered into on October 1, 2016 between the parties, for County to provide funding to supplement cost of tourist related programs; and WHEREAS, Contractor's funding has not been adjusted since 2004 and has requested the amount of funding be increased from $72,500 per year to $100,006 per year; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended Agreement as follows: 1. Paragraph 3 of the Agreement shall be amended to read: Compensation For the services described in paragraph 2 of agreement the County shall provide an amount not to exceed $100,000 per fiscal year, with the fiscal year commencing on October 1, 2417 and terminating on September 30, 2018. Reimbursement shall be made to Contractor upon receipt of invoices showing payment for services relating to the provision and completion of the scope of services outlined in paragraph 2, and completion of Exhibit A, attached hereto, together with supporting receipts and other applicable documents for each expense. Contractor shall be reimbursed an amount up to $100,000 upon receipt of invoices, together with supporting receipts and other documentation, showing prior payment for services relating to the provision and completion of the scope of services outlined in paragraph 2, and completion of Exhibit A. To be eligible for reimbursement, as to each expense, the Contractor must show that the expense was used directly and primarily for the promotion of tourism. Payment will be made periodically, but no more frequently than monthly. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the TDC and County. Said payment shall occur in compliance with the Local Government Prompt Payment Act. 2_ This amendment is retroactively effective to October 1, 2017 3. The remaining provisions of the Agreement dated October 1, 2016 remain in full force and effect. Amendment #1 Florida Keys Council of the Arts - Admin. And Promotion Contract #: 1848 Packet Pg. 1706 E.1.a IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Kevin Madok, Clerk Deputy Clerk (CORPORATE SEAL) Attest: Monroe Council of the Arts, dlbla Florida Keys Council of the Arts xe tivl Print Name . • y (1 ` E . (1 M Al2Th A [-:-- Print Name Board of County Commissioners of Monroe County Mayor /Chairman AND TWO WITNESSES Amendment #1 Florida Keys Council of the Arts - Admin. And Promotion Contract #: 1848 €2 Z' (2) L. tint Name MONROE COLNTY ATTORNEY r� r APPROVED TO F O CHRISTINE LIMHERT HARROWS ASSISTANT COMY A RNEY DATE: - Packet Pg. 1707 AGREEMENT r� l 'Mill'e2d S AGREEMENT ( "Agreement "), made and entered into this r�`� day of 2016, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter the "Coup and Monroe Council of the Arts Cor poration, d /b /a Florida Keys "County"), P Council of the Arts (hereinafter called the "Contractor "). WITNESSETH: WHEREAS, Contractor has requested funding to supplement costs of tourist related programs; and WHEREAS, Monroe County Tourist Development Council (TDC) and County desires to fund tourist related programs; and WHEREAS, the TDC and County finds that Contractor is an appropriate tourist - related program. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Term The term of this agreement is for a period of two (2) years beginning October 1, 2016 and expiring on September 30, 2018. 2. Scope of Services Contractor shall provide the following services: The administration and promotion of cultural /arts tourist related programs, including but not limited to: publishing and distribution for use by tourism industry of annual calendar of cultural events; a gallery guide and the production of an events guide; weekly cultural calendar information provided to print media keys -wide; brochure of locations /map of galleries /museums and other places of historic or cultural interest for tourists; and the maintenance of cultural /arts information services that include Florida Keys Council of the Arts website (www.keysarts.com). Contractor shall maintain rotating displays of visual art at the Key West and Marathon airports and several public buildings, including the historic Gato Cigar Factory County Complex, as well as answering any inquiries from potential visitors looking for cultural information. 3. Compensation For the services described in paragraph 2 of agreement the County shall provide an amount not to exceed $72,500 per fiscal year, with the fiscal year commencing on October 1, 2016, and terminating on September 30, 2018. Reimbursement shall be made to Contractor upon receipt of invoices showing payment for services relating to the provision and completion of the scope of services outlined in paragraph 2, and completion of Exhibit A, attached hereto, Florida Keys Council of the Arts ID #: 1848 together with supporting receipts and other applicable documents for each expense. Contractor shall be reimbursed an amount up to $72,500 upon receipt of invoices, together with supporting receipts and other documentation, showing prior payment for services relating to the provision and completion of the scope of services outlined in paragraph 2, and completion of Exhibit A. To be eligible for reimbursement, as to each expense, the Contractor must show that the expense was used directly and primarily for the promotion of tourism. Payment will be made periodically, but no more frequently than monthly. Monroe County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the TDC and County. Said payment shall occur in compliance with the Local Government Prompt Payment Act. 4. Term of Agreement The term of the Agreement is for two years, commencing on the 1 day of October, 2016, and ending on the 30th day of September, 2018. 5. Contractor's Acceptance of Conditions The Contractor hereby agrees to carefully examine the scope of services and assumes full responsibility therefore. Under no circumstances, conditions, or situations shall this Agreement be more strongly construed against the County than against the Contractor. A. Any ambiguity or uncertainty in the scope of services shall be interpreted and construed by the County, and the County's decision shall be final and binding upon all parties. B. The passing, approval, and/or acceptance by the County of any of the services furnished by the Contractor shall not operate as a waiver by the County of strict compliance with the terms of this Agreement. Failure on the part of the Contractor, immediately after Notice to Correct a default shall entitle the County, if it sees fit, to correct the same and recover the reasonable cost of such replacement and /or repair from the Contractor, who in any event shall be jointly and severally liable to the County for all damage, loss and expense caused to the County by reason of the Contractor's breach of this Agreement and /or his failure to comply strictly and in all things with this Agreement and with the specifications. C. The Contractor agrees that the TDC may designate representatives to visit the Contractor's facility (ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. D. The Contractor warrants that it has, and shall maintain throughout the term of this Agreement, appropriate licenses and permits required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and permits shall be submitted to the County upon request. 2 Florida Keys Council of the Arts ID #: 1848 6. Contractor's Financial Records Contractor 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. 7. Public Records Compliance: Contractor 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 Contractor 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 Contractor in conjunction with this Agreement and related to Agreement performance. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this Agreement and the County may enforce 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 Agreement. The Contractor 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 Agreement, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request 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 Florida Statutes, Chapter 119, or as otherwise provided by law. (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 Agreement term and following completion of the Agreement if the contractor does not transfer the records to the County. (4) Upon completion of the Agreement, transfer, at no cost to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all 3 Florida Keys Council of the Arts I D #: 1848 public records to the County upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor 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 Agreement must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records Agreement provisions in accordance with the Agreement, notwithstanding the County's option and right to unilaterally cancel this Agreement upon violation of this provision by the Contractor. 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 section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE _ CONTRACTOR HAS QUESTIONS_ REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA_ STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN@MONROECOUNTY- FL.GOV. MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040, 8. Hold Harmless The Contractor covenants and agrees to indemnify and hold harmless Monroe County BOCC and the TDC from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages and expenses (including 4 Florida Keys Council of the Arts I D #: 1848 attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors or other wrongful act of omission of the Contractor or its subcontractors in any tier, their employees or agents. 9. Independent Contractor At all times and for all purposes under this Agreement the Contractor is an independent Contractor and not an employee of the BOCC. No statement contained in this Agreement shall be construed so as to find the Contractor or any of his employees, contractors, servants or agents to be employees of the BOCC. 10. Nondiscrimination The parties 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. The parties 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 prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps, 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 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 §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or State statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. Assignment/Subcontract The Contractor shall not assign or subcontract its obligations under this Agreement, except in writing and with the prior written approval of the BOCC and Contractor, which approval shall be subject to such conditions and 5 Florida Keys Council of the Arts I D #: 1848 provisions as the BOCC may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. 12. Compliance with Law In providing all services /goods pursuant to this Agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Agreement and shall entitle the BOCC to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 13. Disclosure and Conflict of Interest The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Sect. 112.311, et seq., Florida Statutes. 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, 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. Upon execution of this Agreement, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all programs in Monroe County which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. The County and Contractor 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, the Contractor 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. 6 Florida Keys Council of the Arts ID #: 1848 14. Arrears The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 15. Notice Requirement Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR TDC Maxine Pacini Monroe County TDC 1201 White Street #102 Key West, FL 33040 FOR COUNTY Christine Limbert- Barrows, Assistant County Attorney PO Box 1026 Key West, FL 33041 -1026 FOR CONTRACTOR Executive Director, Florida Keys Council of the Arts 1100 Simonton Street Room 2 -263 Key West, FL 33040 16. Taxes The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 17. Termination A. The County may terminate this Agreement for cause with seven (7) days' notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this Agreement. B. Either of the parties hereto may terminate this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 7 Florida Keys Council of the Arts I D #: 1848 18. Governing Law, Venue, Interpretation, Costs and Fees A. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. B. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. C. The County and Contractor 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 proceeding. D. 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 enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor 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. E. Attorney's Fees and Costs. The County and Contractor 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, court costs, investigative and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts 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. F. Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet S Florida Keys Council of the Arts )D#: 1848 and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. G. 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 and Contractor 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 Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 19. Binding Effect The terms, covenants, conditions and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors and assigns. 20. 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. 21. Claims for Federal or State Aid Contractor 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 are not for funding already provided under this Agreement. 22. 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. 23. ' 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 any 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 9 Florida Keys Council of the Arts ID #: 1848 the County, except to the extent permitted by the Florida constitution, state statute, and case law. 24. 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 the Contractor agree that neither the County nor the Contractor 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. 25. Attestations Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement and a Drug -Free Workplace Statement. 26. 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. 27. 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 and any of the parties hereto may execute this Agreement by singing any such counterpart. 28. 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. 10 Florida Keys Council of the Arts ID #: 1848 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Heavilin, Clerk (CORPORATE SEAL) Attest: By Secretary Print Name Date: Board of Cou Commissioners of Monroe W Wyor/tWirman Monroe Council of the Arts Corporation, dlbla Florida Keys Council of the Arts Date AND TWO WITNESS (2 k' 7,A 1��g OV' (1 ) e �4c�ry Print Name Date: _ 2 1 %�1_47 Florida Keys Council of the Arts ID#: 1948 (2) Lvwe `e- 9 _. R A us Print Name Date: 211 c - MO ROE COUNTY ATTORNEY t= S O F R i JC YNTHIA L. HAL ASSISTANT COUNTY ATTORNEY Date I- 1 ;L -.ol 1I Print Name EXHIBIT A Monroe County TDC 1201 White Street Suite 102 Key West, FL 33040 Date: FEIN Reimbursement FY 201_ Invoice # The following is a summary of the expenses for Florida Keys Council of the Arts for the time period of: Date Check Payee Reason Amount Req. Total: Total prior payments: Total requested and paid: Total contract amount: Balance of contract: I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of Commissioners and will not be submitted for reimbursement to any other funding source. Elizabeth S. Young, Executive Director Attachments STATE OF FLORIDA COUNTY OF MONROE SWORN TO AND SUBSCRIBED before me this day of by who is personally known to me _ presented as identification: 201 Notary Public, State of Florida at Large My Commission Expires: 12 Florida Keys Council of the Arts 1D#: 184B E t� a� 0 e� 0 c� °o 0 U.