FY2011 10/20/2010DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: October 26, 2010
TO: Lisa Tennyson
Grants Management
ATTN: Kim Wilkes, Sr. Grants Coordinator
Social Services Division
FROM: Pamela G. HancC.
At the October 20, 2010, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following HSAB Contracts for Fiscal Year 2011
(BOCC Line Items):
Arts Council, in the amount of $57,000 - enclosed is an original
Big Pine Athletic Association, in the amount of $44,000 - enclosed is a copy
Heart of the Key Association, in the amount of $30,400 - enclosed is an original
MCEF, Kids Come First, in the amount of $25,000 - enclosed is an original
Upper Keys YMCA, in the amount of $11,400 - enclosed is a copy
Historic Florida Keys Foundation, in the amount of $28,500 - enclosed is a copy
Upper Keys Community Pool, in the amount $180,000 - enclosed is an original
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AGREEMENT
This Agreement is made and entered into this 201h day of October, 2010, between the
BQARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and 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, Florida,
WHEREAS, it is a legitimate public purpose to provide facilities and services for the
development, coordination and promotion of the arts, 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, Florida, shall pay to the PROVIDER the sum of FIFTY SEVEN THOUSAND AND
NO/DOLLARS ($57,000.00) for fiscal year 2010-2011.
2. TERM. This Agreement shall commence on October 1, 2010, and terminate September
30, 2011, 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 -Florida Keys Council of the Arts FY11; 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.
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.
S. 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 indicating 501(c)(3) status;
(b) List of the Organization's Board of Directors of which there must be five or more; 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 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) IRS Form 990 from most recent fiscal year for all organizations;
(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) Initial Performance Report describing services provided during the prior fiscal year. The
performance reports shall include statistical information regarding the types and
frequencies of services provided, a profile of clients (including residency) and numbers
served, and outcomes achieved.
(j) Final Performance Report describing services rendered during the current grant period (to
be furnished within 30 days after the contract end date.) The performance reports shall
include statistical information regarding the types and frequencies of services provided, a
profile of clients (including residency) and numbers served, and outcomes achieved.
(k) Cooperation with County monitoring visits that the County may request during the contract
year; and
(1) 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
Contract -Florida Keys Council of the Arts FY11; page 2
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.
IS. 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
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
Contract -Florida Keys Council of the Arts FY11; page 3
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 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.
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
Contract -Florida Keys Council of the Arts FYI 1; page 4
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.
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
Contract -Florida Keys Council of the Arts FYI 1; page 5
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
Florida Keys Council of the Arts
1100 Simonton Street
Key West, FL 33040
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,
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.
Contract -Florida Keys Council of the Arts FYI 1; page 6
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 -Florida Keys Council of the Arts FYI 1; page 7
I i4W1T`NES .uritten
EOF, the parties hereto have caused these presents to be executed as
of, the diWw6r,fir above.
SEAL , `""�` BOARD OF COUNTY COMMISSIONERS
( -_ `-
ATTESt < " GE, CLERK OF MONROE COUNTY, FLORIDA
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COUNT 1M
By By
Deputy Clerk M or/Chairman
Witness
Witness
Florida Keys Council of the Arts
(Federal ID No.&CI - 013153Z )
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MONROE COUNTY ATTC9-�F '
APPROVED AS TO FORM:
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Contract -Florida Keys Council of the Arts FY11; 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 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 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, support for applicable 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 -Florida Keys Council of the Arts FYI 1; page 9
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, 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 6 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 -Florida Keys Council of the Arts FYI 1; 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 $ X,XXX.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) $ 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 200_ by
who is personally known to me.
Notary Public Notary Stamp
Contract -Florida Keys Council of the Arts FYI 1; page 11
h�c&ew-
Responsibilities of the Florida Keys Council of the Arts' Staff
The staff consists of two full time persons, the Executive Director, Elizabeth Young and
Business Manager, Andrea Comstock. They are assisted by two part-time people,
Administrative Assistant, Valerie Smith (three days per week) and Membership Specialist,
Reen Stanhouse (two days per week) and two part-time contractors. They are Marketing
/Public Relations Specialist, Michael McCabe and our Website Administrator, Kati Van
Aemum, 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.
1. 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.
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 MARC House, Zonta, Key Players
j. Provide program management and development
k. Provide staffing functions including supervising, hiring, firing, evaluating and
daily directions
1. Manage the revolving art in public buildings program in ten county buildings
plus commissioners' offices.
in. Manage the arts in healthcare programs
n. Provide leadership for the Performing Arts Network
o. Be responsible for grant acquisition, asset development, fundraising, and
membership growth, including recruiting of foundations, corporations,
governmental entities, individual donors and advocates.
p. Maintain and increase the existing business and individual membership base
q. Maintain and increase the existing grant revenues
r. Represent the FKCA in national, state and local cultural associations and
inform the Board of all major initiatives undertaken by these organizations.
s. Engage in development and nurturing of a continuous funding stream
t. Prepare and manage budgets
u. Manage and update a comprehensive web site
v. Maintain a comprehensive database
w. Outreach to artists and cultural organizations in the Keys and beyond
x. Manage grants and re -granting programs affiliated with the arts
y. Oversee membership and volunteer growth and coordination
z. Collect and disseminate cultural event information
2. Provide professional support and technical assistance to the Art in Public Places
(AIPP) board
a. Administer the 1 % for Art Ordinance originally sponsored by Commissioner
Dixie Spehar.
i. Committee members are appointed by the Board of County
Commissioners.
ii. Serving this past year were Donna Bosold(chair), Nance Frank, Jeffrey
Harwell, Susann D'Antonio and Kathleen Clements.
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
f. Write, edit and distribute Requests for Qualifications (RFQs) and Requests for
Proposals (RFPs) in cooperation with County Purchasing and Legal staff
i. Requests for Proposals were issued for the Key West Airport and Big
Pine Key Fire Station.
g. Track, document, display, and manage the responses to RFQs and RFPs
h. Correspond with artists as required
i. Assist facilities development and risk management staff in preparing contracts
and agenda items pertinent to AIPP
i. During the year, seven artists worked on commissions for the Key West
International Airport and one artist for the Big Pine Key Fire Station.
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
in. Provide a central point of contact in the promotion of the Art in Public Places
Program
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.
Provide professional support and technical assistance to the Cultural Umbrella (CU)
committee of the Tourist Development Council (TDC)
i. Serving on the committee this past year were Sherry Philips (chair), Chris
Sante, Bob Sandifer, Marianne Motches and Bunnie Smith.
a. Prepare agendas and reports for the CU committee
2
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, Marathon and Key Largo 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 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 and distribute the meeting minutes
5. 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 temporary (on loan) art in public buildings displays in
ten public county buildings plus commissioners' offices.
ii. Support the volunteer curators
1. Gato Building (Emily Sorkin)
2. Marathon Government Center (Rich Jones )
3. Marathon Government Annex (Susan Hover)
4. Marathon Airport (Marianne Motches)
5. Lower Keys Medical Center Main Hall Gallery (Emily Sorkin)
6. Historic Key West Courthouse (Isabel DeSantis)
7. Monroe County Courthouse Annex (Janis Jo Stevens)
8. American Cancer Society (Carrie Helliesen)
9. Murray E. Nelson Gov't. & Cultural Center (Cris Sandifer)
10. Plantation Key Courthouse (Cris Sandifer).
b. Arts in the Hospital
i. FKCA coordinates the visual arts programs in Lower Keys Medical
Center (LKMC).
ii. A gallery of visual art was maintained by FKCA Curator Emily Sorkin
in cooperation with hospital CEO Nicki Will.
c. Golden Ticket Program for Low-income Seniors
i. Free or half-price tickets to matinee performances of dance, theater and
music are distributed to low- income senior citizens by FKCA, and
made possible, in part, by the BOCC funds
ii. Tickets are offered to senior citizens who participate in the free and
reduced -price lunch program and concert series in Key West, Big Pine
Marathon & Plantation Key.
iii. Partners include
1. Florida Keys Council of the Arts,
3
2. Monroe County Nutrition Program,
3. AARP,
4. Red Barn Theatre,
5. Coffeemill Dance Collective,
6. Paradise Ballet Theatre (Nutcracker Key West)
7. Waterfront Playhouse,
8. Performance at St. Paul's,
9. Keys Kids,
10. Impromptu Concert Series.
6. Secure non -county funds such as grants and private donations to support grants,
programs, services and scholarships for local disadvantaged residents listed here (a. —
h.) and more fully described in (5. d., e., f.) above and (9) through (15), below.
a. Artists in Schools
b. ArtReach
c. Key West Writers Guild Award
d. Arts in Hospital
e. Golden Ticket Program for Low-income Seniors
f. Special Project Grant
g. Hurricane Emergency Grants
h. South Florida Cultural Consortium Visual and Media Artist Fellowship
i. Dance Scholarship
j. Band Camp scholarship
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 the above -mentioned grant programs
a. Develop guidelines and criteria for grant applications
b. Post applications on internet site http://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
f. Recruit and secure review panelists
g. Secure meeting space
h. Create and distribute agenda packets for panelists
i. Take minutes and compile scores at review meetings
j. Take panel recommendations to full board for approval
k. Notify applicants of approval/non approval
1. Prepare letters of agreement and reporting documents
in. Conduct workshops for grantees on managing the awards
n. Write, edit and distribute press release about grantees and their projects
o. Monitor grantee progress toward project completion
p. Make payments upon project completion and receipt of grantee final report
q. Compile and record statistics: 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. $3,900 was awarded in the most recent completed fiscal year.
i. 1,186 children were served in the most recent completed fiscal year.
ii. To date, $90,435 has been awarded in Artist in Schools grants
c. Artists in Schools projects, artists, teachers, and schools were:
i. Material Rewards with artist Margo Ellis and teacher Christine Shanle at
Gerald Adams Elementary School;
ii. The Juggling & Balancing Project with artist Bounce Margil and teacher
Jamie Gwidt at Sigsbee Elementary School and John Hughes at Poinciana
Elementary School;
iii. The Art of Yoga with yoga instructor Jo Stine and teacher Jessica Eden at
Poinciana Elementary School and administrator Kim Livingston at the
Montessori Children School of Key West;
iv. Search for Identity with writer Elizabeth Thomas and teacher Joanne
Brennan at Sugarloaf Middle School;
v. Around the World in an Afternoon with storyteller Laurie McIntosh and
teacher Phyllis Pope at Glynn Archer Elementary;
vi. Dancing Classrooms with dancers Nina Locardi and Maria Luther with
teacher Christina Belotti at Marathon High School and Stanley Switlik
Elementary School.
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 creative partnerships between
individual artists or cultural organizations and local businesses and
organizations to build audiences.
c. $11,000 was awarded in the most recent fiscal year.
i. 10,757 persons were served in the most recent fiscal year.
ii. To date, $119,736 has been awarded in ArtReach grants.
d. ArtReach projects, artists and their partners were:
i. Spanish Rhapsody by Melody Cooper partnered with Florida Keys
Community College;
ii. Pipe Organ Concert & Orchid Display by Claude B. Hawks and the
Florida Keys Orchid Society;
iii. Flores Para Los Muertos by Michael Philip and The Studios of Key
West;
iv. Keys Yard Art with Gale Upmal and Steve Estes of the News Barometer;
v. Peter and the Wolf by Penny Leto and Key West Contempory Dance
Company;
vi. Woodrat Jill by Nicky Laak and Florida Keys Friends & Volunteers of
Refuges;
vii. Martha Graham Dance Workshop by Maurizio Nardi and Coffee Mill
Yoga & Dance Studio Key West;
viii. Key West Writers Guild Anthology `08 by Molly Shallow and Joy
Gallery;
ix. Sculpture Key West at West Martello Tower by Karley Klopfenstein and
Key West Garden Club;
x. The Human Drummer by Hal Howland and SeaStory Press;
xi. Arts Expansion Project by the Educational Coalition for Monroe County
and the City of Marathon.
11. Secure funds and administer Key West Writers Guild Award
a. FKCA 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 prose.
d. Joanna Brady Schmida of Key West received the award this year for her novel
in progress A Woman of Interest.
12. Secure funds and administer Special Project Grants
a. Special Project Grants are privately funded and made possible, in part, by the
BOCC funds
b. The purpose of a Special Project Grant is to provide short-term support to vital,
creative projects that do not fit into the other grant categories.
c. Bruce Neff received a grant for his Gato Cigar Makers Cottage project in Key
West this year.
d. Bounce and Karen Grant-Margil received a grant for their Juggling &
Balancing workshops and performances at seven schools throughout Monroe
County.
e. Jennifer Martin received a grant for her project Painting Nature — Nature
Painting of historical prints of the Seven Mile Bridge on highway US 1.
13. Secure funds and administer South Florida Cultural Consortium Visual & Media
Artists Fellowships
a. FKCA partners with the arts councils of 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 Dade, Broward and Palm Beach counties. Monroe's
participation is made possible, in part, by the BOCC funding.
c. To date, Keys' artists have received over $100,000 in these awards.
d. Visual artist, Karley Klopfenstein of Key West received the 2009 $15,000
fellowship.
14. Secure funds and administer a band camp scholarship
a. Scholarship is privately funded and made possible, in part, by the BOCC funds
b. This year's awards of $350 each went to two deserving students residing in
Monroe County Housing Authority's East Wind Apartments in Marathon.
15. Secure funds and administer Cultural Umbrella grants
a. Cultural Umbrella grants are funded 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
c. CU committee members serving during 2009/2010 were Sherry Philips (chair),
Bob Sandifer, Chris Sante, Marianne Motches and Bunnie Smith
d. $670,800 was awarded in the most recent fiscal year,
i. 30% is spent on generic cultural advertising
ii. 70% is available for grants.
e. These organizations received funding last year:
i. Florida Keys Art Guild,
ii. Florida Keys Birding &Wildlife Festival
iii. Florida Keys Community Concert Band,
iv. Upper Keys Business Group,
v. The History of Diving Museum,
vi. Marathon Community Theatre,
vii. Marathon Garden Club,
viii. Middle Keys Concert Association,
ix. National Council for the Traditional Arts,
x. Pigeon Key Foundation,
xi. Lower Keys Artists Network,
xii. Lower Keys Chamber of Commerce,
xiii. No Matter What Productions,
xiv. FKCC Keys Chorale,
xv. Key West Art & Historical Society,
xvi. Key West Art Center,
xvii. Key West Council on the Arts,
xviii. Key West Film Society,
xix. Key West Harry S. Truman Foundation,
xx. Key West Innkeepers Association,
xxi. Key West Literary Seminar,
xxii. Key West Players/Waterfront Playhouse,
xxiii. The Key West Pops,
xxiv. Key West Symphony Orchestra,
xxv. Mel Fisher Maritime Heritage Society,
xxvi. Old Island Restoration Foundation,
xxvii. Paradise Ballet Theatre Presenters,
xxviii. Performing Arts Centers of Key West,
xxix. Red Barn Theatre,
xxx. Sculpture Key West,
xxxi. St. Paul's Episcopal Church,
xxxii. The Studios of Key West
16. Partner with TDC, 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
i. The Gallery Guide is a popular fold -out map and guide to about 50
Keys' galleries. All galleries are eligible to participate by sharing in the
cost of production.
ii. 30,000 copies are distributed annually to over 200 Keys' locations,
including many hotels and guesthouses.
7
iii. The Gallery Guide is also included in national and international press
kits, and distributed at travel trade shows.
b. KeysArts Quarterly Cultural Events Brochure
i. KeysArts is a printed cultural calendar listing all the cultural events
such as plays, concerts and art shows going on in the Keys in a three
month period.
ii. 32,500 copies are distributed annually to over 200 Keys' locations
iii. KeysArts is also included in national and international press kits, and
distributed at travel trade shows.
c. Culture Magazine
i. Culture Magazine is an annual insert in the In -Room Concierge
ii. It is produced by Tinsley Advertising, with content from FKCA
iii. In addition to the insert, free-standing copies are printed and distributed
locally, as well as in national and international press kits, and
distributed at travel trade shows.
17. Maintain website http://www.keysarts.com
a. FKCA's website provides complete information for visitors and residents about
arts and culture in the Keys, from Key Largo to Key West
b. It provides the cultural content for the TDC website via a direct link
c. It provides contact information and direct links to all cultural organizations in
the Keys
d. It provides details about FKCA and its vision, mission and services
e. Governing documents such as the articles of incorporation, bylaws and annual
audits are posted
f. Board and staff members are listed
g. Cultural Umbrella and Art in Public Places committee members are listed
h. All grant applications and instructions are available for download
i. The Cultural Calendar is posted and e-mailed to members and the public on a
weekly basis along with other timely arts information in an attractive
newsletter format
j. Calls to Artists are posted
k. Interactive Artists Registry is available
1. Press releases are posted
m. Art in Public Places installations are posted.
18. Compile, write, edit and publish cultural calendars and calls to artists in various
formats
a. Gather and edit cultural information by phone, mail and e-mail with visual,
literary and performing artists, cultural and community organizations, and
other members of the public
b. Coordinate with advertising, printing, public relations, webmaster and internet
providers as needed to maintain product quality.
c. Conduct environmental scanning of newspapers and websites including, but
not limited to, www.fla-keys.com and www.keysnews.com
d. Send cultural calendar and calls to artists to 15 local print publications weekly
e. Send to Stuart Newman Associates weekly
f. Post on www.keysarts.com. twice a month
g. Send by e-mail to opt -in subscriber list weekly
h. Compile, edit and route information for use in KeysArts, Culture Magazine and
various regional and national calendars, publications and websites
19. Recruit and retain members
a. Recruit new members in person and via mail campaigns
b.Create annual campaigns for new friends 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
g.Enter new friends' data and track renewals
h.Synchronize Access with Constant Contact e-mail software
i. Write and send thank you letters promptly
j. Correspond with donors
k.Manage special events like membership parties and fundraising events
1. Attend committee meetings as needed
m. Coordinate design of invitations
n.Secure printing bids
o.Manage mailings
p.Plan, coordinate, borrow, buy, rent, haul and install decor, refreshments,
coolers, ice, food, beverage, chairs, tables, tablecloths, art and print materials as
needed
20. 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.
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.
21. Bookkeeping
a. Make weekly deposits and write checks
b. Pay Payroll including 941, Florida U.C. and 403(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
i. KeysArts Ads
G1
ii. Gallery Guide Listings
j. Perform W2 and 1099 reports at calendar year end
k. Compile information for annual audit at fiscal year end
1. Prepare materials;
m. Work with CPA to make journal adjustments,
n. Review files and compile information,
o. Prepare tax forms as needed,
p. Review 990
q. Maintain files of accounts payable and accounts receivable.
r. Maintain computer programs on budget accounts, accounts payable and
accounts receivable.
SUMMARY
The Florida Keys Council of the Arts is a non-profit, 501(c) (3) corporation serving a
public purpose. It has been in a contractual relationship with local county government
since 1997.
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 76,329 local residents and three million visitors annually. A nine -member board
of directors guides the council, assisted by three alternate directors, two directors emeritus
and twenty-one advisory board members. Daily functions are carried out by the
president/executive director, staff, and valued volunteers.
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 65-0737532.
Governing documents, including the articles of incorporation, bylaws, board handbook
and five-year plan are available for review on the arts council's award -winning website,
www.keysarts.com.
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 Arts Council, and the National Endowment for the Arts.
10
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 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 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 CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
Contract -Florida Keys Council of the Arts FYI 1; page 13
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
onroe- County 4 M-1L Prf�CS Cni-0 . warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee in violation of Section 2
of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance
No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate
this contract without liability and may also, in its discretion, deduct from the contract or purchase
price, or otherwise recover, the full amount of a7y fee, commission, percentage, gift, or
consideration paid to the former County officemployee. J
Date:—
` t
STATE OF
F �or, c �
COUNTY OF MD(\ro-Q—
M
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
E1%-Lr'S6 ' Swho, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this oZrl�^ day of
c er�� el , 20-M
NOTARY PUBLIC
My commission expires: S-. IS • t�-j
OMB - MCP FORM #4
=o1PRY P`a�� Notary Public State of Florida
Andrea Comstock
a My Commission DD970959
9jF of FVoa' Expires 05/15/2014
Contract -Florida Keys Council of the Arts FYI 1; page 14
T
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's 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. Gives 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), notifies 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. Imposes 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. Makes a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statem
above requirements.
STATE OF g kw-1 Ci
COUNTY OF MCIA(112--
I certify that this firm complies fully with the
ignattE re of t espond�nt)
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
E \i2nl,P S, - L-iR04, who, after first being sworn by me, (name of
individual signing) affixed hisAer signature in the space provided above on this
day of gaoler .,eT , 200 D .
My commission expires: S- l S7' 14
PUBLIC
=o��r fti Notary Public State of Florida
Andrea Comstock
My Commission D09-0959
'tor nd'Q Expires 05/15/2014
Contract -Florida Keys Council of the Arts FYI 1; page 15