Item D61County of Monroe
The Florida Keys ft
Commissioner David Rice
BOCC District 4
9400 Overseas Highway, Suite 210
Marathon, FL 33050
PH: 305-289-6000
FX: 305-289-6410
BOARD OF COUNTY COMMISSIONERS
Mayor Danny L. Kolhage, District I
Mayor Pro Tern Heather Carruthers, District 3
George Neugent, District 2
David Rice, District 4
Sylvia J. Murphy, District 5
Interoffice Memorandum
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Date: October 14, 2015
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To: Amy Heavilin, Clerk of the Court
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County Clerk's Office
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From: Commissioner David Rice, District 4
RE: NOTICE OF VOTING CONFLICT
Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will
abstain from the vote on certain issues that are brought before the Monroe County Board of
Commissioners with entities that I am involved with.
I will abstain from the vote on issues concerning the following entities: Guidance Care
Center, Inc., a private, not -for -profit entity, which receives some of its operational funding from
the County, as 1 currently sit on the Board of Directors of the Care Center. I am also a member of
the Board of the Historic Florida Keys Foundation, Inc.
item(s):
At the October 21, 2015 BOCC meeting, I will abstain from the vote on the following
#D61: Approval of Fiscal Year 2016 contracts with Monroe Council of the
Arts Corporation d/b/a/ Florida Keys Council of the Arts and The Historic
Florida Keys Foundation, Inc. for BOCC direct line -item funding.
#D62: Approval of Fiscal Year2016 contracts with non-profit organizations
funded by the Board of County Commissioners through recommendations of
the Human Services Advisory Board (HSAB).
#D63: Approval of a Resolution ratifying submission of the Florida
Department of Law Enforcement Residential Substance Abuse Treatment
application for funding due to a submission deadline of October 9, 2015 and
authorizing the Mayor to execute acceptance of award and related documents.
1IPage
Notice of Conflict Memorandum (Comm. Rice)
Reg. BOCC Mtg. October 21, 2015
October 14, 2015
Page 2
#D64. Ratification of the Edward Byrne Memorial Justice Assistance Grant
(JAG) funding distribution letter to the Florida Department of La2
Enforcement (FDLE) for fiscal year 2015-2016 (Oct 1, 2105 through Sept
30, 2016) and approval of a Resolution ratifying submission of the FDLE JAG
applications for funding due to submission deadlines and further authorizing
the Mayor to execute acceptance of award related documents.
#E2: Approval of an Agreement with Historic Florida Keys Foundation, Inc.
covering the Oldest House ReplacelRepair Foundation & Supports project, in
an amount not to exceed $45,000.00, DAC I, FY 2016 Capital Resources.
Copy of agenda summary for the referenced item(s) is attached for documentation.
21Pa,,e
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 21. 2015 Department: Grants
Bulk Item: Yes XX No— Staff Contact /Phone #: Laura deLoach-Hartle x4482
AGENDA ITEM WORDING: Approval of Fiscal Year 2016 contracts with Monroe Council of the
Arts Corporation d/b/a Florida Keys Council of the Arts and the Historic Florida Keys Foundation. Inc.
for BOCC direct line -item funding.
ITEM BACKGROUND: Both of these entities have historically been funded directly by the BOCC.
Monroe Council of the Arts has requested $69,300 and Historic Florida Keys Foundation, Inc.
requested $32,450 for FY 2016. The funding requests were included and subsequently approved as a
part of the budget process.
PREVIOUS RELEVANT BOCC ACTION: For FY 2016, the BOCC approved funding in the
amount of $69,300 to Monroe Council of the Arts and $32,450 to the Historic Florida Keys
Foundation, Inc.
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $101 75Q INDIRECTCOST:
DIFFERENTIAL OF LOCAL PREFERENCE -
COST TO COUNTY: S 10 1,750
REVENUE PRODUCING: Yes No XX
APPROVED BY: County Attorney
DOCUMENTATION: Included XX
DISPOSITION:
Revised 6/15
BUDGETED: Yes XX No
SOURCE OF FUNDS: Ad valorem
AMOUNT PER MONTH— Year
OMB/Purchasin,al-, '-
Not Required
RiskManage rnent
AGENDA ITEM 4
Mal
CONTRACT SUMMARY
Contract #
Contract with: Monrog Council —of the Arts Effective Date: 10 A1 15 0 1
Corporation dZbja Floridp Ke s CounS;� Expiration Date: 09 30 1
the Arts '
Contract Purpose/Description: evelooment,
coordipg!t r r r a► oughout Monrpg-County.
Contract Manager: Laura -d—eLoach- Hartle 4482 OMB/Grants
(Department)
for BOCC meetinq on !-QZ21 5 A encla Deadline: jDLQ6L15
CONTRACT COSTS
Total Dollar Value of Contract: $-69 300 Current Year Portion: Ifiq 300
Budgeted? Yes X No ❑ Account Codes: 001-01512-530340-
Grant: $Q
County Match:
ADDITIONAL COSTS
Estimated Ongoing Costs: $---Jyr For:
(Not included in dollar value above) (eg. maintenance, utifiti,es,' janitorial, salaries, etc.)
Risk Management
County Attorney
Changes
Date In Needed —r--fte�iewer
P� Yes[:] No[g
YesE] No0''
qA,��P115 YesF1 Noo]/
YesE] NoEl
Date Out
AGREEMENT
This Agreement is made and entered into this 21th day of October, 2015, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the
Arts, hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not -for -profit corporation established to perform and carry
out the development, coordination and promotion of the arts throughout Monroe County, and
WHEREAS, it is a legitimate public purpose to provide facilities and services For the
development, coordination and promotion of the arts in Monroe County, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER
substantially and satisfactorily performing and carrying out the duties of the Board as to providing
facilities and services for the development, coordination and promotion of the arts in Monroe
County, shall pay to the PROVIDER the sum of SIXTY NINE THOUSAND THREE HUNDRED AND
NO/DOLLARS ($69,300.00) for fiscal year 2015-2016.
2. TERM. This Agreement shall commence on October 1, 2015, and terminate September
30, 2016, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be made periodically, but no more frequently than monthly,
as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's
Finance Office. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Monroe County Code
of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements, Evidence of payment by the PROVIDER shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover letter is included
as Attachment B. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Article 2 above,
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount shown in Article 1, above,
during the term of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of
termination, unless otherwise required by law.
S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER 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.
Contract -Monroe Council of the Arts-FYI6; page 1
6. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKE1E;PING
7. RECORDS. PROVIDER 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. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
In addition, if PROVIDER is required to provide an audit as set forth in Section 9(d) below, the
audit shall be prepared by an independent certified public accountant (CPA) with a current
license, in good standing with the Florida State Board of Accountancy, and maintain malpractice
insurance covering the audit services provided. If the PROVIDER receives $100,000 or more in
grant funding from the County, the CPA must also be a member of the American Institute of
Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of
said audit.
S. PUBLIC ACCESS, The County and PROVIDER small allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession of
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the County and PROVIDER in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items A-K must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from the most recent fiscal year for all
organizations that expend $150,000 a year or more; if qualified, include a statement of
deficiencies with corrective actions recommended/taken;
(e) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(g) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(h) Specific description or list of services to be provided under this contract with this grant
(see Attachment Q;
(i) Annual Report of the Florida Keys Council of the Arts Annual Report describing services
rendered during the most recently completed grant period (to be furnished no later than
180 days after the contract end date.) The performance report shall include statistical
information regarding the types and Frequencies of services provided, and outcomes
achieved (see Attachment G);
(j) Cooperation with County monitoring visits that the County may request during the contract
year; and
Contract -Monroe Council of the Arts-FY16; page 2
(k) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
RESPONSIBILITIES
10. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
in Attachment C to residents of Monroe County, Florida.
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective
legal representatives, successors, and assigns.
13. 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
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.
14. NO SOLICITATION/PAYMENT. The County and PROVIDER 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 PROVIDER 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.
15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the PROVIDER or any of its
employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision 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 Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
17. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
Contract -Monroe Council of the Arts-FY16; page 3
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff.
18. NON-DISCRIMINATION. County and PROVIDER 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 PROVIDER 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; 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 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. 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 Dote), 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.
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of Services shall be accomplished by an amendment, which must be
approved in writing by the County.
20, ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that all 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 party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
21. 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 PROVIDER 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 PROVIDER
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither
presently has any 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.
Contract -Monroe Council of the Arts-FY16, page 4
23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of the
provisions herein. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon the Board in addition to the total agreed upon
reimbursement amount for the services of the PROVIDER.
24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the PROVIDER 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,
25. ATfiESTATIONS. PROVIDER 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. 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.
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners 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
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
28. PRIVILEGES AND IMMUNITIES. Ali 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.
29. 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.
30. 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 the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
Contract -Monroe Council of the Arts-FY16, page 5
31. NON -RELIANCE BY NON-PARTIES. Na person or entity shad be entitled to rely
upon the terms 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 PROVIDER agree that neither the County nor the PROVIDER 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.
GENERAL
32. 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 signing any such counterpart.
33. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the
other party as follows:
For Board:
Grants Administrator and
1100 Simonton Street
Key West, FL 33040
For PROVIDER
Liz Young, Executive Director
Monroe Council of the Arts Corporation
d/b/a Florida Keys Council of the Arts
1100 Simonton Street, Suite 2-263
Key West, FL 33040
305-295-4369
305-295-4372 FAX
Monroe County Attorney
PO Box 1026
Key West, FL 33041
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The County and PROVIDER 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.
35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
36. 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,
Contract -Monroe Council of the Arts-FY16; page 6
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 PROVIDER 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.
37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract -Monroe Council of the Arts-FY1&; page 7
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
ATTEST: AM' HEAVILIN, CLERK
ag
Deputy Clerk
... . ......
Witness
C_fitness -
X;
Mayor/Chairman
Monroe Council of the Arts Corporation
'q
(Federal ID
Contract -Monroe Council of the Arts-FY16,page 8
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community -Based
Organizations, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business. These guidelines, as they relate to travel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the venders as noted and that the
attached 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 County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered
For reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis, Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If
a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and paid payroll taxes, check number and check amount.
If a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable Fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
Contract -Monroe Council of the Arts-FY16; page 9
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are
not acceptable documentation for reimbursement. If attending a conference or meeting, a copy
of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of
the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, ARID MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport
for a business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to f a,m, for breakfast reimbursement, before noon and end after 2
p.m. for lunch reimbursement, and before E p.m. and end after 8 p.m. for dinner reimbursement.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundralsing, non -sufficient check charges,
penalties and fines.
Contract -Monroe Council of the Arts-FY16; page 10
ATTACHMENT 6
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check #
Payee Reason
Amount
101
Company A Rent
$ X,XXX.XX
102
Company B Utilities
XXX.XX
104
Employee A P/R ending 05/14/01
XXX.XX
105
Employee B P/R ending 05/28/01
XXX.XX
(A)
Total
$=.x
(B)
Total prior payments
$ X,XXX.XX
(C)
Total requested and paid (A + B)
$ X,XXX.XX
(D)
Total contract amount
$ X,XXX.XX
Balance of contract (D-C)
$ X,XXX.XX
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 County Commissioners and will not be submitted for reimbursement to any other funding
source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 20_ by
who is personally known to me.
Notary Public Notary Stamp
Contract -Monroe Council of the Arts-rY16; page 11
Attachment C
Overview of the Florida Heys Council of the Arts
Monroe Council of the Arts Corporation dlbla Florida Keys Council of the Arts is the liaison
among cultural organizations, all levels of government and the private sector in advancing and
promoting the arts throughout Monroe County. The Council endeavors to make the arts a part
of the fabric of daily life.
Vision Statement:
The vision of Florida Keys Council of the Arts is to enrich the arts and enhance
the cultural heritage of the Florida Keys.
Mission Statement:
The mission of the Florida Keys Council of the Arts is to advance the creative
development and promotion of the arts in our cultural community by providing
excellence in leadership, advocacy, education and financial support for artists,
cultural organizations, and citizens of Monroe County.
The Florida Keys Council of the Arts is designated by the Board of County Commissioners as
the Local Arts Agency (LAA) as provided by Florida Statute 286.611.
The scope of services as stated in FKCA's contract with the BOCC for the period April 16, 1997
through September 36, 2016 is to provide the program development and sponsorship necessary
to accomplish within Monroe County the goals and purposes set forth in the Florida Fine Arts
Act of 1980.
BOCC funding supports some of the administrative costs of Florida Keys Council of the Arts
(FKCA). This provides the arts council the ability to secure specific project funding through
writing grants and raising private funds and then to administer various grant programs. Although
many arts councils in the State of Florida and nationally are divisions or departments of County
governments, FKCA is established as a non-profit organization in a public -private partnership
with Monroe County.
From its inception through fiscal year end 2014, FKCA has awarded $779,753 in privately -
raised funds and grants to literary, visual and performing artists and cultural organizations.
Add to that sum the Cultural Umbrella event funding, the South Florida Cultural Consortium
Visual and Media Artists Fellowships and the Art in Public Places commissions, and the total
distributed in the Keys cultural community through FKCA's efforts comes to over $4.9 million to
date. The annual economic impact of the non-profit cultural community in the Keys is estimated
at over $86 million.
Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically
listed as data processing, PC time, payroll, postage, delivery, rents, productions, supplies,
telephone and travel expenses.
Attachment C
Florida Keys Council of the Arts
Board of Directors
Florida Keys Council of the Arts is managed by a volunteer board and a paid staff.
Current board members and advisors are:
1.
Executive Committee:
a.
Theresa Axford of Key West, Chair
b.
Ganine Giorgione Derleth of Marathon, Vice -chair
c.
Michael Marrero of Key West, Secretary
d.
Dennis Caltagirone of Key Largo, Treasurer
2.
BOCC
Liaison:
a.
Commissioner Sylvia Murphy
3.
Board
Emeritus:
a.
Shirley Freeman of Key West
b.
Bill Andersen of Key West
c.
June Girard of Gainesville, Florida
4,
Board
Members:
a.
Susann ❑'Antonio of Big Pine Key
b.
Bonnie Greenberg of Key Largo
c.
M. Ann Lynch of Marathon
d.
Michael Philip of Key West
e.
MaryCarlin Porter of Key West
5.
Alternate Board Members:
a.
Cris Sandifer of Key Largo
b.
Constance Gilbert of Key West
c.
Barbara Weikel of Key West
B.
Advisors:
a.
Dr. Sally E. Bauer of fslamorada
b.
Mary Border of Cudjoe Key
c.
Nance Boylan of Key West
d.
Joyce Burd of Key West
e.
Lee Caltagirone of Key Largo
f.
Lucy Carleton of Key West
g.
Sheila Cook of Marathon
h.
Alyson Crean of Key West
i.
Deanna Edwards of Marathon
J.
Rita Felts of Marathon
k.
Juliet Gray of Key West
1.
Judy Hadley of Key West
m.
Georgina Hosek of Marathon
n.
Carl Hower of Key West
o.
Joe Jackson of Key West
p.
Sandy Kaster of Key West
q.
Betsy Keteltas of lslamorada
r.
Janice Kay Lee of Key Largo
s.
Wendy Lefere of Key West
t.
Paula Leftwich of Marathon
u.
Dr. Joanne Mahoney of Key Largo
v.
Leah Mani of fslamorada
w.
Elizabeth P Montgomery of Key Colony Beach
x.
Erin Muir of Tavernier
y.
Anne O'Shea Quattrini of Key West
Attachment C
z. Lucy Paige of Sugarloaf Key
aa. Joe Pais of Key West
bb. Charlotte Palmer of Big Pine Key
cc. Mark J. Pierson of Key West
dd. William Porter of Key West
ee. ❑r. Betty Powell Klimock of Summerland Key
ff. Rachel Price of Marathon
gg. Peter Rosasc❑ of Marathon
hh. Maggie Ruley of Summerland Key
ii. Lesley Salinero of Summerland Key
jj. Christine Scarsella of Key West
kk. Michael Shields of Key West
11. Becky Shifflett of Marathon
mm. Chris Shultz of Key West
nn. Joanne Sloan of Cudjoe Key
oo. Joyce Stahl of Key West
pp. Janis Jo Stevens of Key West
qq. Ron Surgen of Key West
rr. Cathy Thorpe of Key West
ss. Melissa Trader of Key West
It. Blake Waldron of Marathon
uu. Dean Walters of Sugarloaf, Past Chair
vv. Barbara Weikel of Key West
ww. Eric Weinberger of Key West
xx. David Harrison Wright of Key West
yy. Jill Zima-Borski of Tavernier
Services to be provided by the
Florida Keys Council of the Arts under the 2015/16 Agreement with the
Board of County Commissioners of Monroe County, Florida
The current staff consists of three full time persons, the Executive Director, Elizabeth Young, Business
Manager, Jodell Roberts and Executive Assistant and Marketing/Public Relations Specialist, Shannon
Lynch. They are assisted by two part-time people, Special Event and Public Art Specialist, Reen
Stanhouse (two days per week) and one part-time contractor, Website Administrator, Kati Van Aernum,
volunteers, including board members, also provide valuable services to the operations.
The Responsibilities of the Florida Keys Council of the Arts (FKCA) staff are as follows.
Provide professional support and technical assistance to the FKCA board:
a. Provide leadership, vision and advocacy for a multi -service Arts Council through
fundraising, arts education, granting, providing technical assistance to artists and
cultural organizations within the Florida Keys and providing cultural information to
visitors and residents.
b. Prepare agendas and reports for the FKCA board
c. Present the above information at board and committee meetings and be available to
provide additional information relating to these matters at and between the meetings
d. Implement the mission, vision, strategic goals and objectives of the organization as
set by the Board.
e. Provide a central point of contact in the promotion of the arts, artists and cultural
organizations in the county.
f. Act as advocate and liaison in contacts with the community, media, county
commissioners, and cultural organizations both within and outside the county.
Attachment C
g. Participate in state and national economic survey data collection and reporting
efforts.
h. Engage in public speaking and public advocacy for the arts and the Arts Council.
i. Engage in event planning and implementation in partnership with other community
organizations such as Tropic Cinema, KW Art & Historical Society, Truman Little
White House, Waterfront Playhouse, Marathon Community Theater and more_
j. Provide program management and development
k. Manage and update a comprehensive web site
1. Maintain a comprehensive database
m. Collect and disseminate cultural event information
n. Provide staffing functions including supervising, hiring, firing, evaluating and daily
directions
o. Manage the revolving art in public buildings program in eleven county buildings plus
commissioners' offices.
p. Manage the arts in healthcare program.
q. Provide leadership for the Performing Arts Network and Visual Arts Network.
r. Be responsible for grant acquisition, asset development, fundraising, and
membership growth, including recruiting of foundations, corporations, governmental
entities, individual donors and advocates.
s. Maintain and increase the existing business and individual membership base
t. Maintain and increase the existing grant revenues
u. Represent the FKCA in national, state and local cultural associations and inform the
Board of all major initiatives undertaken by these organizations.
v. Engage in development and nurturing of a continuous funding stream
w. Prepare and manage budgets
x. Outreach to artists and cultural organizations in the Keys and Beyond
y_ Manage grants and re -granting programs affiliated with the arts
z. Oversee membership and volunteer growth and coordination
2. Provide all administrative support and technical assistance to the Art in Public Places (AIPP)
Board
a. Administer the 1 % for Public Art Ordinance passed in 2001.
i. Committee members are appointed by the Board of County Commissioners.
ii. Serving this past year were Susann D'Antonio, Chair, Nance Frank, Jeffrey
Harwell, Vice Chair, Beth Kaminstein and Dave Andrews.
b. Prepare agendas, reports and visual materials for the AIPP board
c. Present the above information at board and committee meetings and be available to
provide additional information relating to these matters at and between the meetings
d. Serve as liaison and manage flows of information between board and artists
e. Serve as liaison and manage flows of information among artists and architects,
purchasing and facilities development staff. And coordinate information between the
committee and Engineering and Public Works departments.
f. Write, edit and distribute Requests for Qualifications (RFQs) and Requests for
Proposals (RFPs) in cooperation with County Purchasing and Legal staff
g. Track, document, display, and manage the responses to RFQs and RFPs
h. Correspond with commissioned artists as required
i. Assist facilities development and risk management staff in preparing contracts and
agenda items pertinent to AIPP
j, Maintain database of qualified artists within county and nationally
k. Maintain files of qualified artists for five years
1. Store proposals; repack, ship or return as required
m. Provide a central point of contact in the promotion of the Art in Public Places
Program
Attachment C
n. Act as advocate and liaison as requested in contacts with the community, media,
county commissioners, and cultural organizations both within and outside the county.
o, Prepare and present professional development workshops countywide to assist
Monroe County artists in completing required RFQ and RFP when necessary.
3. Provide professional support and technical assistance to the Cultural Umbrella (CU)
committee of the Tourist Development Council (TDC)
i. Serving on the committee are Bunnie Smith (chair), Laurie Wickham (vice
chair), ❑evin Clarke, ❑r. Betty Klimock and Kim Sovia-Crandon.
a. Prepare agendas and reports for the CU committee
b. Present the above information at board and committee meetings and be available to
provide additional information relating to these matters at and between the meetings
c. Provide a central point of contact in the promotion of the Cultural Umbrella
d. Conduct workshops in Key West and Islarnorada to assist organizations in
completing their grant applications.
e. Act as liaison in contacts with the community, media, county commissioners,
and cultural organizations within the county.
f. Interact effectively with staff of the TDC, NewmanPR Associates and Tinsley
Advertising
g. Manage funding applications as described in (7.) below
4. Advertise all meetings of the FKCA board, AIPP, Cultural Umbrella and other committees
pursuant to Florida's Government in the Sunshine standards.
a. Place advertising in three county newspapers with paid circulation prior to each
meeting
b. Record, transcribe, distribute and archive the meeting minutes
Manage additional art in public buildings programs not under the supervision of the AIPP
committee:
a. Art on display in public buildings program
i. Coordinate the rotating (on loan) art in public buildings displays in eleven
public county buildings plus commissioners' offices.
ii. Support the volunteer curators
1. Gato Cigar Factory Building (Susann D'Antonio)
2. Historic Key West Courthouse (Isabel DeSantis)
3. Freeman Justice Center (Susann D'Antonio)
4. "Artport" at the Key West International Airport (Nance Frank)
5. Lower Keys Medical Center Main Hall (Susann D'Antonio)
6. American Cancer Society (Carrie Helliesen)
7. Marathon Government Center (FKCA Staff }
8. Marathon Government Annex [FKCA Staff ]
9. Marathon Airport (Susann D'Antonio)
10. Murray E. Nelson Gov't. & Cultural Center (Cris Sandifer)
11. Plantation Key Courthouse (Cris Sandifer).
b. Arts in the Hospital
i. FKCA coordinates the visual arts programs in Lower Keys Medical Center,
including a first floor gallery of visual art and mural in the children's wing in
cooperation with the hospital's CEO.
6. Secure non -county funds such as grants and public and private donations to support grants,
programs, services and scholarships for local residents listed here and more fully described
in (9) through (15), below.
a. Artists in Schools
Attachment C
b. ArtReach
c. Special Project Grant
d. Key West Writers Guild Award
e. Tropic Cinema Leader Project
f. South Florida Cultural Consortium Visual and Media Artist Fellowship
g. Arts in Hospital
h. Dance and Design Scholarships
i. Hurricane Emergency Grants
7. Manage Cultural Umbrella grant program, funded by tourist -tax dollars, under contract to the
Tourist Development Council and described in (15), below.
8. Manage all of the above -mentioned grant programs
a. Develop guidelines and criteria for grant applications
b. Post applications on internet site www.keysarts.com
c. Write, edit and distribute press releases to promote availability of grant opportunities
d. Conduct workshops to assist potential applicants
e. Accept completed applications and secure meeting space
f. Recruit and secure review panelists
g. Create and distribute agenda packets for panelists
h. Take minutes and compile scores at review meetings
i. Take panel recommendations to full board for approval
j. Notify applicants of approval/non approval
k. Prepare letters of agreement and reporting documents
1. Conduct workshops for grantees on managing the awards
m. Write, edit and distribute press release about grantees and their projects
n. Monitor grantee progress toward project completion
o. Make payments upon project completion and receipt of grantee final report
p. Compile and record statistics and documentation: persons served, demographics
9. Secure funds and administer Artists in Schools grants
a. Artists in Schools grants are funded in part by the sale of Florida State of the Arts
license plates and matched by BOCC funds.
b. $9,995 was awarded in the most recent completed fiscal year.
i. 5,155 children were served in the most recent completed fiscal year.
ii. To date, $121,385 has been awarded in Artist in Schools grants
c. Artists in Schools projects, artists, teachers, and schools were:
i. Fabric Art with artist and special education teacher Margo Ellis at Gerald Adams
Elementary School in Key West with Advisor Liaison Marcia Somersall.
ii. Performance Poetry and Poetry Slam with artist Randy McNelce and teacher
Roxanne Scaggs at Marathon High/Middle School, with Liaison Lois Giffen.
iii. The Shipwreck and Artistry of Shipwreck Museum Conservation with Monica
Brook (Mel Fisher Maritime Museum) and teacher Sarah Gar at Poinciana
Elementary School in Key West with Board Liaison Lucy Carleton.
iv. Applied Music Theory Improvisation 11 with artist tarry Baeder and teacher
Katchen Duncan at the Bahama Village Music Program with Board Liaison Greg
Charleston.
v. Dancing Classrooms with artists Nina Locardi and teacher Laura Lietaert at Key
Largo School with Board Liaison Bonnie Greenberg.
vi. Shakespeare in Schools with artists Tammy Shanley and Judy Hadley (Key West
Fringe Theater) and teacher David Erhard at Key West High School with
Advisor Liaison Connie Gilbert.
vii. Wildlife Mural Project with artist Amanda Johnson and teacher Sugar Kirk at
Attachment C
Sigsbee Charter School with Advisor Liaison Kristy Callaway.
viii. Multi -Cultural Music and Dance with artist Nancy 3 Hoffman and teacher Sharon
Metcalf at Poinciana Elementary School in Key West with Board Liaison Lucy
Carleton.
ix. Beyond the Bel/ Art Program with artist Jim Salem and teachers Nancy LaRe and
Principal Robert Wright at The Basilica School at St. Mary's Star of the Sea
in Key West with Board Liaison Susann D'Antonio..
10. Secure funds and administer ArtReach grants
a. ArtReach grants are privately funded and matched by BOCC funds.
b. ArtReach grants are designed to encourage collaborative partnerships between
individual artists or cultural organizations and local businesses to expand audiences
and increase awareness of arts and business working together.
c. $6,050 was awarded in the most recent fiscal year.
i. 9,950 persons were served in the most recent fiscal year.
ii. To date, $146,886 has been awarded in ArtReach grants.
d. ArtReach projects, artists and their partners were.-
i. Moonlight Treasures by artists Sebrina Alfonso and the South Florida
Symphony's Blue Door String Quartet in partnership with the LaTeDa
Restaurant in Key West with Board Liaison Scott Aylward.
ii.Met Fisher Maritime Museum's Children at the Museum by arts administrator,
Rebecca Tomlinson partnered with the Monroe County School District
and Board Liaison Terri Axford.
iii.lslamorada Writers and Readers Seminar by artist Jill Zima Borski in
collaboration with the Friends of the Helen Wadley lslamorada Branch
Library with Board Liaison Bonnie Greenberg.
iv. The Tie That Binds: Pay It Forward with artist Joe Jackson and the Principle
Gallery in Charleston with Board liaison Susann D'Antonio.
v. Mississippi Metal Project with artist Craig Gray and the University of Mississippi
Museum of Art and Board liaison Ann Lynch.
11. Secure funds and administer Key West Writers Guild Award
a. F'KCA presents a privately funded annual Writers Award, supported by a restricted
endowment, and made possible, in part, by the BOCC funds.
b. The Writers Award is a partnership between FKCA and the Key West Writers Guild
c. The Writers Award is a $2,000 annual award for a writer of fiction or non-fiction.
d. Joanna Brady Schmida of Key West received the award this year for her novel in
progress, Memoirs of a Night Witch.
12. Secure funds and administer Special Project Grants
a. Special Project Grants are privately funded and made possible, in part, by the BOCC
funds.
i. Over 12,050 residents, visitors and children were served by these programs.
ii. To date, $170,500 has been awarded in Special Project grants.
b. The purpose of a Special Project Grant is to provide short-term support to vital,
creative projects that d❑ not fit into the other grant categories.
c. Teaching artists, Bounce and Karen Grant-Margil received a grant of $16,000 for
their Learn to Juggle Today workshops and performances at five schools throughout
Monroe County.
d. The Billie Holiday Project by artist Denis Hyland in partnership with the Studios of
Key West.
Attachment C
e. Mystery Writer's Key West Fest by artists and event producers Shirrel Rhoades and
Michael Haskins for their first year's event with Board Liaison Greg Charleston.
13. Secure funds and administer South Florida Cultural Consortium Visual & Media Artists
Fellowships
a. FKCA partners with the arts councils of Miami -Dade, Broward, Martin and Palm
Beach counties to present the annual South Florida Cultural Consortium (SFCC)
Visual & Media Artists Fellowships.
b. SFCC Visual & Media Artists Fellowships are funded by the county governments of
Miami -Dade, Broward and Palm Beach counties. Monroe's participation is made
possible, in part, by the BCCC funding.
c. To date, Keys' artists have received over $130,000 in these awards.
d. Visual artist, Carol Munder of Key West received the 2013 $15,000 fellowship. The
2014 winners will share the $15,000 fellowship in Monroe County, both of Key West
— Jon McIntosh and Anja Marais. The 2015 winner has not been announced.
14. Secure funds and administer a Design and Dance scholarship
a. Scholarship is privately funded and made possible, in part, by the BOCC funds
i. This year's award has not yet been announced.
15. Secure funds and administer Cultural Umbrella Event grants:
a. Cultural Umbrella grants are funned by tourist -tax dollars
b. Cultural Umbrella grants are designed to encourage cultural tourism in the Keys by
drawing new visitors for cultural events or encouraging visitors to extend their stay
c. $1,000,000 was awarded in the most recent fiscal year.
i.
30% is spent on generic cultural advertising
ii.
70% is available for grants.
d. These organizations received funding last year:
1.
Art! Key West!
ii.
Florida Keys Art Guild
iii.
Florida Keys Birding & Wildlife
iv.
Florida Keys Community Concert Band
v.
Florida Keys History of riving Museum
vi.
Garden Club of the Upper Keys
vii.
Morada. Way Arts & Cultural District
viii.
Marathon Community Theatre
ix.
Pigeon Key Foundation
x.
St. Columba's Episcopal Church (Celtic Festival)
xi.
Lower Keys Chamber of Commerce
xii.
Key West Art & Historical Society
xiii.
Key West Botanical Garden Society
xiv.
Key West Burlesque
xv.
Key West Council on the Arts — Impromptu Concerts
xvi.
Key West Film Festival
xvii.
Key West Garden Club
xviii.
Key West Harry S. Truman Foundation
xix.
Key West Literary Seminar
xx.
Key West Players —Waterfront Playhouse
xxi.
Key West/South Florida Symphony Orchestra
xxii.
Mel Fisher Maritime Heritage Society
xxiii.
Monroe Association for ReMARCable Citizens
xxiv.
Old Island Restoration Foundation
xxv.
Performing Arts Center of Key West (TWT)
Attachment C
xxvi. Red Barn Theatre
xxvii. Sculpture Key West
xxviii. St. Paul's Episcopal Church of Key West
xxix. The People's Theater of Key West (KW Fringe Theater)
xxx. The Studios of Key West
xxxi. ValnChz Productions
16. Partner with TIC, and secure tourist tax and non -county funds such as grants, ad revenue
and private donations to support publications of benefit to tourists as well as residents:
a. Gallery Guide
b. KCeysRrts Quarterly Cultural Events Brochure
c. Culture Magazine
17. Maintain website http://www.keysarts.com
a. FKCA's website provides complete information for visitors and residents about
Ms and culture in the Keys, from Key Largo to Key West
b. It provides contact information and direct links to all cultural organizations located
in the Keys
c. It provides details about FKCA and its vision, mission and services
d. Governing documents such as the articles of incorporation, bylaws and annual
audits are posted
e. Board and staff members are listed
f. Cultural Umbrella and Art in Public Places committee members, meetings are listed
g. All grant applications and instructions are available for download
h. The Cultural Calendar is posted and e-malled to members and the public on a
weekly basis along with timely arts information in an attractive newsletter format
i. Calls to Artists are posted
j. Interactive Artists Registry is available
k. Press releases are posted
1. Art in Public Places installations and opportunities are posted.
18. Recruit and retain members
a. Recruit new members in person and via mail campaigns
b. Create annual campaigns for new patrons of the arts
c. Create annual renewal campaign for current members
d. Compose solicitation letters and a -mails
e. Manage design, printing and mailing of these campaigns
f. Maintain database in Access and manage mailings
g. Enter new members data and track renewals
h. Synchronize Access with Constant Contact e-mail software
i. Write and send thank you letters promptly
j. Manage special events like membership parties and fundraising events
k. Attend committee meetings as needed
1. Coordinate design of invitations
m. Secure printing bids
n. Social media communications utilizing Facebook.
19. Perform general office tasks
a. Answer phone, greet public
b. Respond to inquiries by phone, fax, mail, e-mail and walk-ins from artists,
organizations and members of the public
c. Maintain prompt, courteous communications with public and cultural community
d. Maintain files and keep office organized
Attachment C
e. Ensure smooth daily operations of FKCA
f. Order and maintain supplies and equipment
g. Handle routine correspondence; prepare outgoing mail for mailroom; pick up and
open incoming mail
h. Secure meeting and workshop sites and facilities, provide calendar to board monthly
of upcoming meetings.
29. Bookkeeping
a. Make weekly deposits and write checks
b. Pay Payroll including 941, Florida U.C. and 493(b) payment
c. Perform Checking, Merchant and investment account reconciliations
d. Monitor investment accounts
e. Request and manage County reimbursements
f. Track expenses to grants
g. Collect and report sales and sales tax statistics,
h. Report on use of license tag funds
i. Invoice and process payments
j. Perform W2 and 1099 reports at calendar year end
k. Compile information for annual audit at fiscal year end
1. Work with CPA to make journal adjustments,
m. Review files and compile information,
n. Prepare tax forms as needed,
o. Review 990
p. Maintain files of accounts payable and accounts receivable.
q. Maintain computer programs on budget accounts, accounts payable and accounts
receivable.
SUMMARY
The Florida Keys Council of the Arts is a non-profit, 591(c) (3y corporation serving a public
purpose. It has been in a contractual relationship with local county government since 1997.
FKCA is incorporated with the State of Florida and recognized by the IRS as the Monroe
Council of the Arts Corporation, dba Florida Keys Council of the Arts, FEIN 55-0737532.
Governing documents, including the articles of incorporation, bylaws and strategic plan are
available for review on the arts council's award -winning website,
FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is an
important component of the tourist -based economy. Additionally, FKCA serves local residents
including school children and the elderly. FKCA connects local artists and arts organizations
with one another, with their audiences and with the world.
It serves 73,999 local residents and 4.4 million visitors annually. A nine -member board of
directors guides the council, assisted by three alternate directors, three directors emeritus and
twenty plus advisory board members. Daily functions are carried out by the executive director,
staff and valued volunteers.
FKCA funding is provided by the Monroe County Board of County Commissioners, the Tourist
Development Council, members, donors, private donations and grant makers; including the
Community Foundation of the Florida Keys, the South Florida Cultural Consortium, the State of
Florida, Department of State, Division of Cultural Affairs, the Florida Council on Arts and
Culture, and the National Endowment for the Arts.
"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 property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR 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 have read the above and state that neither 14 T
(Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
STATE OF: " ' -lilk-
COUNTY OF: /111
Ire
(date) by
re 519 K*4 FM as
f "A
Date: 'Y'
41,E e
(name of affiant). He/She is personally
NOTARY PUBLIC
My Commission Expires:
G. HRCM
My COMMISSM 9 EE 144139
EXPIRE& February 7, 2016
Bonded Thru NOWY Public U'WerwMer$
4 f11
Contract -Monroe Council of the Arts-FY16; page 13
ETHICS CLAUSE
if
SWORN STATEM ENT U NDER ORDINANC E NO. 010-1 ni
MONROE COUNTY, FLORIDA
6
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her 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 paid to the former County officer or
employee."
STATE OF: cf,
COUNTYOF:
(date) byh.
(name of affiant). He/She is personally
NOTARY PUBLIC
My Commission Expires:
M, PAMELA 13, HWWq=4C-==4XK
My COMMISSION # EE 144139
PIRES: February 7,2016
Ttft Notwy Put* U
Contract -Monroe Council of the Arts-FY16; page 14
ATTACHMENT F
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:,
J11
(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 and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' 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).
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 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.
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 implementation
of this section.
As the person authorized to sign the statement, I
requirements.
STATE OF: /-- le, .
that this firm complies fully with the above
COUNTYOF:
Subscribed and sworn to (or affirmed) before me on LP L ra = (date) by
name of affiant). He/She is personally known to me
1 11 a �104 -0
0, a
Contract -Monroe Council of the Arts-FY16, page 15
(typeof, identification) as
NOTARY PUBLIC
My Commission Expires:
MM, lP A
MEIA0eb.
yaIS" FK# N1ECOf1d4Ca4K1w
3*9
EXPIRES: Frury7,016
8onddThuNavyPu6gcu
N�,
FY16 Annual Performance Report
(year October 1, 2015 — September 30, 2016)
Agency Name
POC
Phone/Email
Grant Amount
ATTACHMENT G
Per Section 9 of your contract, it is required that you fill out the entire form and answer
every question.
Narrative on the FY16 Performance i.e. successes challenges, etc):
Questions-
1. Please fist services and client information below for the program/activities funded by the
Monroe County award.
2. What were the measurable outcomes (including numbers) accomplished in FY16? Please
base these outcomes on the services you identified in Question #1.
3. What number and percentage of your clients/participants were at or below the federal
poverty level in FY16; and/or 200%; and/or another standard used by your organization?
4. Were all the awarded funds used in FY16? if not, please explain.
5. What is the number of FTEs working on the program(s) funded by the award in FY16?
Contract -Monroe Council of the Arts-FY16; page 16
6. Were the awarded funds used as match in FY16? if so, please list matching sources.
7. What area of Monroe County did you serve in FY16?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY16.
10. What was the CEO/Executive Director (or highest paid title) compensation in FY16?
(Please breakdown between salary and benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FY16 IRS Form
990. If your FY16 IRS Form 990 is not yet prepared, please estimate for now, and re-
submit revised when you have the final numbers.
12. What were your organization's total expenses in FY16?
13. What was your organization's total revenue in FY16?
14. What was the organization's total in grants and contracts for FY16?
15. What was the organization's total donations and in -kind (fundraising) in FY16?
16. What percentage of your expenses are program service expenses versus management and
general expenses in FY16 as reported on your IHS Form 990?
(Program service expenses are defined as expenses needed to run your programs.
Management and general expenses encompass expenses such as fundraising, human
resources, salaries of those not working directly with programs, legal services, accounting
services, insurance expenses, office management, auditing, and other centralized services.)
Contract -Monroe Council of the Arts-FY16; page 17
Contract with: Historic Florida Keys
Eound�)_tionInc.
CONTRACT SUMMARY
Contract #
Effective Date: jDLQ1L1_5
Contract Purpose/Description: Provides services to develop, coordinate'. and DrOmote
historic preservation in Monroe County.
Contract Manager: Laura deLoach-Martle 4482 OMB/Grants
(Name) (Ext.) (Department)
for BOCC meeting on: LQJ jLZQj-5 Aqer�eadline: !QLQ&2015
CONTRACT COSTS
Total Dollar Value of Contract: $32,450.00 Current Year Portion: $,32,50.00
Budgeted? Yes[D No Account Codes: 001- 04596 -530340-
Grant: $0.00
County Match: $—
ADDITIONAL COSTS
Estimated Ongoing Costs: $ yr For:
(Not included in dollar value above) (C.E. maintenance, utilities, janitorial, salaries, etc.
CON I rRACT REVIEW
Changes
Date In Neede
Department liead I; YesM N
Risk Managernent'` Yes[:] N
� O.M.B./Purchasing qp 15 Yes[] N
I County Attorney
11 Comments:
OMB Form Revised 2/27/01 MCP #2
Y es[—-1 NoEl 11 L;, L, f, r;-
Date Out
AGREEMENT
This Agreement is made and entered into this 21th day of October, 2015, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Historic Florida Keys Foundation, Inc., hereinafter referred to as
"PROVIDER."
WHEREAS, the PROVIDER is a not -for -profit corporation established to develop,
coordinate, and promote historic preservation in Monroe County, Florida, and
WHEREAS, it is a legitimate public purpose to provide Facilities and services for the
development, coordination, and promotion of historic preservation in Monroe County, now,
therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER
substantially and satisfactorily performing and carrying out the duties of the Board as to the
development, coordination, and promotion of historic preservation in Monroe County, Florida,
shall pay to the PROVIDER the sum of THIRTY-TWO THOUSAND, FOUR HUNDRED FIFTY AND
NO/100 DOLLARS ($32,450.00) for fiscal year 2015-2016.
2. TERM. This Agreement shall commence on October 1, 2015, and terminate September
30, 2016, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be made periodically, but no more frequently than monthly,
as hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's
Finance Office. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved as complying with Monroe County Code
of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement
Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter,
summarizing the expenses, with supporting documentation attached. The letter should contain a
notarized certification statement. An example of a reimbursement request cover letter is included
as Attachment B. The organization's final invoice must be received within thirty days after the
termination date of this contract shown in Article 2 above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount shown in Article 1, above,
during the term of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of
termination, unless otherwise required by law.
S. CLAIMS FOR FEDERAL OR STATE AID. PROVIDER 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.
Contract -Historic R. Keys Foundation-FYIQ; page t
G. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds: provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements.
RECORDKEEPING
7. RECORDS. PROVIDER 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. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
In addition, if PROVIDER is required to provide an audit as set forth in in Section 9(d) below, the
audit shall be prepared by an independent certified public accountant (CPA) with a current
license, in good standing with the Florida State Board of Accountancy, and maintain malpractice
insurance covering the audit services provided. If the PROVIDER receives $100,000 or more in
grant funding from the County, the CPA must also be a member of the American Institute of
Certified Public Accountant (AICPA). The County shall be considered an "intended recipient" of
said audit.
8. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other 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 PROVIDER in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
9. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items A -I must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(c) Evidence of annual election of Officers and Directors;
(d) Unqualified audited financial statement from the most recent fiscal year for all
organizations that expend $1.50,000 a year or more; if qualified, include a statement of
deficiencies with corrective actions recommended/taken;
(e) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(f) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(g) Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
(h) Specific description or list of services to be provided under this contract with this grant
(see Attachment C);
(i) Annual Performance Report describing services rendered during the most recently
completed grant period (to be furnished within 30 days after the contract end date.) The
performance report shall include statistical information regarding the types and
frequencies of services provided, a profile of clients (including residency) and numbers
served, and outcomes achieved (see Attachment G);
(j} Cooperation with County monitoring visits that the County may request during the contract
year; and
Contract -Historic Ff. Keys Foundation-FY16; page 2
(k) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
RESPONSIBILITIES
ill. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
in Attachment C to residents of Monroe County, Florida.
11. ATTORNEY'S FEES AND COSTS. The County and PROVIDER 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.
12. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and PROVIDER and their respective
legal representatives, successors, and assigns.
13. 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
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.
14. NO SOLICITATION/PAYMIENT. The County and PROVIDER 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 PROVIDER 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.
15. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the PROVIDER or any of its
employees, contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
16. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision 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 Board to terminate this contract immediately Capon delivery of
written notice of termination to the PROVIDER.
17, PROFESSIONAL RESPONSIBILITY AND LICENSING, The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
Contract-Histcric Ff. Keys Foundation-FY]e; page 3
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff,
18. NUN -DISCRIMINATION. County and PROVIDER 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 PROVIDER 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; 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 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. 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.
AMENDMENTS, CHANGES, AND DISPUTES
19. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of services shall be accomplished by an amendment, which must be
approved in writing by the County.
20. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER
agree that all 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 party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
21. 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 PROVIDER 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 Lander this Agreement. County and PROVIDER
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
ASSURANCES
22. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither
presently has any 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.
Contract -Historic Ff. Keys Foundation-FY16; page 4
23. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of the
provisions herein. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon the Board in addition to the total agreed upon
reimbursement amount for the services of the PROVIDER.
24. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the PROVIDER 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.
25. ATTESTATIONS. PROVIDER 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. 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.
INDEMNITY ISSUES
27. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners 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
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
28. 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.
29. 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.
30. 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 the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
Contract -Historic Fl. keys Foundafion-FY16; page 5
31. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms 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 PROVIDER agree that neither the County nor the PROVIDER 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.
GENERAL
32. 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 signing any such counterpart.
33. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand -delivered or mailed, postage pre -paid, by certified mail, return receipt requested, to the
other party as follows:
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Diane Silvia, Executive Director
Historic Florida Keys Foundation, Inc.
510 Greene Street
Key West, FL 33040
305-292-6718
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the
terms or a berm of this Agreement by or between any of therm the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
35. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
35. 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,
Contract -Historic Ff. Keys Foundation-FY16; page 6
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and PROVIDER 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.
37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement ❑f the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract -Historic Fi. Keys Foundation•FY16; page 7
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
L-0
Deputy Clerk
Witness
Witness
-2
Mayor/Chairman
(Federal ID Nok,,
By
Executive Director
Contract -Historic Fl. Keys Foundation-FY16; page 8
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community -Based
Organizations, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business. These guidelines, as they relate to travel, are from the
Monroe County Code of Ordinances and State. laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this ❑rganization's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive, The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed, If
a payroll Journal is provided, it should include., dates, employee name, salary or hourly rate, total
hours worked, withholding information and paid payroll taxes, check number and check amount.
If a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient, A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Contract -Historic Fl, Keys Foundation-FY16; page 9
TelefaEx, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number Galled, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are
not acceptable documentation for reimbursement. If attending a conference or meeting, a copy
of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of
the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental
reimbursement requires the vendor invoice. Fuel purchases should be documented with paid
receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking is
considered a reimbursable travel expense at the destination. Airport parking during a business
trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room and
related bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving From one's home to the airport
for a business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state
that travel must begin prior to 5 a.m. for breakfast reimbursement, before noon and end after 2
p.m. for lunch reimbursement, and before 6 p,m. and end after 8 p.m. for dinner reimbursement.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non -sufficient check charges,
penalties and fines.
Contract -Historic Fi. Keys Foundation-FY16; page 10
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period
of to
Check #
Payee Reason
Amount
101
Company A Rent
$ X,XXX,XX
102
Company B Utilities
XXX.XX
104
Employee A P/R ending 05/14/01
XXX.XX
105
Employee B P/R ending 05/28/01
XXX.XX
(A)
Total
$JUXX.XX
(B)
Total prior payments
$ X,XXX.XX
(C)
Total requested and paid (A + B)
$ X"XXX.XX
(D)
Total contract amount
$ X'XXX.XX
Balance of contract (D-C)
$ X1XXX,XX
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 County Commissioners and will not be submitted for reimbursement to any other funding
source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 20
by who is personally known to me.
Notary Public Notary Stamp
Contract -Historic Ff. Keys Founda[ion-FY16; page 11
ATTACHMENT C
Services to be provided:
(Insert a description of your organization including a, list of the services that will be provided by
your organization under this contract.)
Contract -Historic Ff. Keys Foundation-FY16; page 12
111041111[my
"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 property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor,. or CONTRACTOR 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 have read the above and state that neither
(Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
J,
(Signature)
Date: Id
19191KNU 0
Subscribed and sworn to (or affirmed) before me on I c". / / / /
date)- by . . ...
knownto me or has produced
identification,
TERESA SBEARD
MY COMMISSION #FF093477
WIRES: FEB 17, 2018
BWpt Waugh 1st State Insurance
(name of aff iant), He/She is ipersonally
(type of identifications as
0"
-j
NOTARY PUBLIC
My Commission Expires: rrY
Contract -Historic Fl. Keys Fbundation-FY16; page 13
W-KOW-111600
(Co
F-1111 f-T41 am I Z-1 4 -klrk ff�
"...warrants warrants that he/it has not employed, retained or otherwise had act on his/her 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 paid to the former County officer or
employee."
(Signature)
Date: / c" Z/ zle
F-1
STATE OF: -, I L-
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is('personally
n owp,,.t6 me or has produced (type of
identification) as identification.
,0 ,�e TERESAS BEARD
M OM It
iECr
M SSI()N #
7��,
y COMMISSIGN #FF093477
EXPRE& FEB 17,2018
1 t St't
1t Swe Insurance
NOTARY PUBLIC
My Commission Expires: --l'
Contract -Historic F1, Keys Foundation-FY16, page 14
ATTACHMENT F
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(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 and
specifying the actions that will be taken against employees for violations of such prohibition,
2, Inform employees about the dangers of drug abuse in the workplace, the business' 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).
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 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.
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 implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
(Signature)
Date: Ll
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date)
(name of affiant). He/She is personally knq)� to
or has produced (type of identification)
identification."
TERESA S BEARD
My COMMIS' '40N #RDM77 NOTARY PUBLIC
EfAES: FEB 17 2018
ft,311C.P, I St staf� mwwe My Commission Expires:
0:1
Contract -Historic F/. Keys Foundation-FY16; page 15
FY16 Annual Performance Report
(for year October 1, 2015 — September 30, 2016)
Agency Name
POC
Phone/Email
Grant Amount
ATTACHMENT G
Per Section 9 of your contract, it is required that you fill out the entire form and answer
every question.
Narrative on the FYI 6 Performance (i,e, ,successes, challenges, etc):
Questions:
1. Please list services and client information below for the program/activities funded by the
Monroe County award.
2. What were the measurable outcomes (including numbers) accomplished in FY16? Please
base these outcomes on the services you identified in Question #1.
3, What number and percentage of your clients/participants were at or below the federal
poverty level in FYI 6; and/or 200%; and/or another standard used by your organization?
4. Were all the awarded funds used in FYI 6? If not, please explain.
5. What is the number of FTEs working on the programs) funded by the award in FYI 6?
6. Were the awarded funds used as match in FYI6? If so, please list matching sources.
Contract -Historic R Keys Foundation-FY16; page 16
7. What area of Monroe County did you serve in FY16?
B. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY16.
16. What was the CEO/Executive Director (or highest paid title) compensation in FY16?
(Please breakdown between salary and benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FYI IRS Form
990. If your FYI IRS Form 990 is not yet prepared, please estimate for now, and re-
submit revised when you have the final numbers.
12. What were your organization's total expenses in FY16?
13. What was your organization's total revenue in FY16?
14. What was the organization's total in grants and contracts for FY16?
15. What was the organization's total donations and in -kind (fundraising) in FY16?
16. What percentage of your expenses are program service expenses versus management and
general expenses in FY16 as reported on your IRS Form 990?
(Program service expenses are defined as expenses needed to run your programs.
Management and general expenses encompass expenses such as fundraising, human
resources, salaries of those not working directly with programs, legal services, accounting
services, insurance expenses, office management, auditing, and other centralized services.)
Contract -Historic Ff. Keys Foundation-FY16; page 17