FY2001 09/21/2000
11Bannp 1.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS lfiGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.7145
FAX (305) 852-7146
MEMORANDUM
DATE:
October 26, 2000
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
FROM:
Maxine Pacini
Administrative Assistant
Pamela G. Hanco~~
Deputy Clerk '0
At the September 21,2000, Board of County Commissioner's Meeting the Board granted
approval of an Agreement between Monroe County and Monroe Council of the Arts Corporation
for a Community Outreach Coordinator.
Attached are two duplicate originals of the above for your handling. Should you have any
questions please do not hesitate to contact this office.
Cc: County Administrator wlo document
County Attorney
Finance
File./'
AGREEMENT
This Agreement is made and entered into this ~I ~day of
5&:1jJ{Zi. fi1~2000, between the BOARD OF COUNTY COMMISSIONERS OF
MONROE CdUNTY, FLORIDA, hereinafter referred to as "Board" or "County", and the
MONROE COUNCIL OF THE ARTS CORPORATION, hereinafter referred to as
"MCAC".
WHEREAS, MCAC has been designated by the Board as the local arts agency;
and
WHEREAS, the Monroe County Tourist Development Council, hereinafter
referred to as "TDC", is promoting cultural tourism; and
WHEREAS, the TDC has recommended to the Board that MCAC be awarded an
agreement for a Community Outreach Coordinator.
IN CONSIDERATION of the mutual promises and covenants contained herein, it
is agreed:
1. TERM. This agreement shall commence on October 1, 2000, and terminate on
September 30,2001. County may elect to renew this agreement upon approval by the
TDC for an additional one-year period. Either party shall have the right to cancel this
contract with or without cause upon providing ninety (90) days written notice to the other
party. The County shall not be responsible for any expenses incurred by MCAC after
the effective date of termination. This agreement may be renewed for one additional
year upon mutual agreement of the parties no later than September 30, 2001.
2. COMPENSATION: MCAC shall be compensated in an amount not to exceed
Seventeen Thousand and Five Hundred Dollars ($17,500.00) for the first year. If all
parties agree to renew the agreement for an additional one (1) year, MCAC shall be
compensated in an amount not to exceed Twenty Thousand Dollars ($20,000.00) for
the year ending September 30,2002.
The County shall only reimburse the MCAC for those expenses directly related to the
position outlined in section 3: Scope of Services. These reimburseable expenditures shall
comply with Florida Statutes 125.0104 and shall include salary and related expenses;
telephone; postage; supplies and travel related expenses as outlined in Section 112.061
Florida Statutes. Monroe County's performance and obligation to pay under this agreement
is contingent upon an annual appropriation by the BOCC.
3. SCOPE OF SERVICES. This contract is a professional services contract with the
expectation that principal personnel will be perfOrming'tl"~3.c.m.'fi r~~..JRe name of the
principal personnel will be given to the TDC for their re~wctar1fJitJi~.iwt!P~all be
informed of any changes in personnel. " Vlno >-i "7 ,I, mnlQ
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Monroe Council Of The Arts Agreement
FY 2001
1
MCAC, for the consideration named, covenants and agrees with the TDC and Board
that the Community Outreach Coordinator will gather, manage and distribute
information from individual local artists, festivals, museums, special events and
historical organizations, as well as local, state and national cultural organizations,
offering visibility, market opportunities, exchange of ideas and scheduling information;
edit a quarterly newsletter; update the Artist Registry bimonthly; publish and distribute
web site information weekly on www.keysarts.org; and place cultural calendar listings in
local media and hotels.
4. RECORDS. MCAC shall maintain appropriate records to ensure a proper
accounting of all funds and expenditures and shall provide a clear financial audit trail to
allow for full accountability of funds received from said Board. Access to these records
shall be provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the
State of Florida, or authorized agents and representatives of the Board or State.
MCAC shall be responsible for repayment of any and all audit exceptions which are
identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe
County, an independent auditor, or their agents and representatives. In the event of an
audit exception, the current fiscal year contract amount or subsequent fiscal year
contract amounts shall be offset by the amount of the audit exception. In the event this
agreement is not renewed or continued in subsequent years through new or amended
contracts, MCAC shall be billed by the Board for the amount of the audit exception and
MCAC shall promptly repay any audit exception.
5. INDEMNIFICATION AND HOLD HARMLESS. MCAC 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 MCAC occasioned by the negligence, errors, or other wrongful
act or omission of the Provider's employees, agents, or volunteers.
6. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, MCAC is
an independent contractor and not an employee of the Board. No statement contained
in this agreement shall be construed so as to find MCAC or any of its employees,
contractors, servants or agents to be employees of the Board.
7. COMPLIANCE WITH LAW. In providing all services pursuant to this Agreement,
MCAC 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 MCAC.
Monroe Council Of The Arts Agreement
FY 2001
2
8. COMPLIANCE WITH COUNTY GUIDELINES. MCAC shall demonstrate and
sustain compliance with:
501(c)(3) Registration;
Board of Directors of seven or more;
Annual election of Officers and Director;
Annual provision of annual report to County;
Corporate Bylaws;
Corporate Policies and Procedures Manual;
Hiring policies for all staff;
Cooperate with County monitoring visits; and
Semi-annual performance reports to be presented to County.
9. PROFESSIONAL RESPONSIBILITY AND LICENSING. MCAC shall assure that
all professionals have current and appropriate professional licenses and professional
liability insurance coverage. Funding by the Board is contingent upon retention of
appropriate local, state and/or federal certification and/or licensure of MCAC's program
and staff.
1 O. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the service
and/or reimbursement of services shall be amended by an agreement amendment,
which must be approved in writing by the Board.
11. NO ASSIGNMENT. MCAC 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 MCAC.
12. NON-DISCRIMINATION. MCAC shall not discriminate against any person on
the basis of race, creed, color, national origin, sex or sexual orientation, age, physical
handicap, or any other characteristic or aspect which is not job-related in its recruiting,
hiring, promoting, terminating or any other area affecting employment under this
Agreement. At all times, MCAC shall comply with all applicable laws and regulations
with regard to employing the most qualified person(s) for positions under this
Agreement. MCAC shall not discriminate against any person on the basis of race,
creed, color, national origin, sex or sexual orientation, age, physical handicap, financial
status or any characteristic or aspect in its providing of services.
13. AUTHORIZED SIGNATURES. The signatory for MCAC below certifies and
warrants that The Monroe Council of the Arts Corporation's name in this Agreement is
the full name as designated in its corporate charter, if a corporation, or the full name
under which MCAC is authorized to do business in the State of Florida. He or she is
Monroe Council Of The Arts Agreement
FY 2001
3
empowered to act and contract for MCAC; and this Agreement has been approved by
the Board of Directors of MCAC if MCAC is a corporation.
14.NOTICE. Any notice required or permitted under this Agreement shall be in
writing and hand-delivered or mailed, postage prepaid, by certified mail, return receipt
requested, to the other party as follows:
For Board:
Monroe County Administrator
5100 College Road
Key West, FL 33040
For MCAC:
Executive Director, MCAC
5100 College Road
Key West, FL 33040
For TDC:
Director, Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
15. CONSENT TO JURISDICTION. This Agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under
this Agreement shall be in Monroe County, Florida.
16. NON-WAIVER. Any waiver of any breach of covenants herein contained to be
kept and performed by MCAC 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.
17. 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 MCAC. The Board shall not be
obligated to pay for any services or goods provided by MCAC after MCAC has received
written notice of termination, unless otherwise required by law.
18. 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.
19. PUBLIC ENTITY CRIME STATEMENT: 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 bind 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
consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, for
Monroe Council Of The Arts Agreement
FY 2001
4
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
20. ETHICS CLAUSE: MCAC warrants that no person has been employed or
retained to solicit or secure this contract upon an Agreement or understanding for a
commission, percentage, brokerage, or contingent fee and that no member of the
Monroe County government or the TDC has any interest, financially or otherwise, in the
Firm or its subcontractors.
21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties herein with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between MCAC and the Board.
co
WHEREOF, the parties hereto have caused these presents to be
the day and year first written above.
. NYL.KOLHAGE,CLERK
ERS
BOARD OF COUNTY
OF COUNTY COMMISSIONERS
g~~
By:
c:S~~-j;.~~ ..- 0_
Mayor/Chairman
MONROE COUNCIL OF THE ARTS CORP.
~~
Wit ess
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Witness
Title:
Monroe Council Of The Arts Agreement
FY 2001
5