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FY2012 10/19/2011 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 31, 2011 TO: Lisa Tennyson Grants Management FROM: Isabel C. DeSantis, D.C. At the BOCC meeting held on October 19, 2011 the Board approved the following: Item C10 Heart of the Keys (Marathon Rec), in the amount of $30,400; Helpline, Inc., in the amount of $5,000; Historic Florida Keys Foundation, in the amount of $28,500; Hospice of the Florida Keys, Inc., in the amount of $126,000; Independence Cay Transitional Housing, in the amount of $20,000; Keys Area Interdenominational Resources, in the amount of $22,000; Literacy Volunteers of America - Monroe County, Inc., in the amount of $5,000; Monroe Association for Retarded Citizens (MARC), in the amount of $153,000; Monroe Council of the Arts, in the amount of $57,000; Rural Health Network of Monroe County, Florida, Inc., in the amount of $327,600 - Children's dental services /$54,000; Southernmost Homeless Assistance League, in the amount of $3,000; Star of the Sea Foundation, in the amount of $44,000; Womankind, Inc., in the amount of $75,000; Upper Keys Pool, in the amount of $180,000. Attached are photocopies of the subject documents for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney Finance File AGREEMENT This Agreement is made and entered into this 19 day of October, 2011, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and MONROE COUNCIL OF THE ARTS CORPORATION dba 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 2011 -2012. 2. TERM. This Agreement shall commence on October 1, 2011, and terminate September 30, 2012, 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 FY12; 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 - Monroe Council of the Arts FY12; 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. 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 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 - Monroe Council of the Arts FYI 2; 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 - Monroe Council of the Arts FYI 2; 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 - Monroe Council of the Arts FYI 2; 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 Monroe County Attorney 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 For PROVIDER Liz Young, Executive Director Monroe Council of the Arts dba Florida Keys Council of the Arts 1100 Simonton Street Key West, FL 33040 305 - 293 -4369 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 - Monroe Council of the Arts FYI 2; 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 - Monroe Council of the Arts FY12; 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: DANNY L.1*01 -RAGE, CLERK $,, -D-20 Deputy Clerk BOARD O COUNTY COMMISSIONERS OF MO NZY, IFJ.QRIDA By Mayor /Chairman Witness itness Monroe Council of the Arts Corp. Qjdrji i Contract - Monroe Council of the Arts FYI 2; page 8 (Federal ID No. 6,- 6'13x1 S3'o1 ) F -- C =` Monroe Council of the Arts Corp. Qjdrji i Contract - Monroe Council of the Arts FYI 2; page 8 (Federal ID No. 6,- 6'13x1 S3'o1 ) 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 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, 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 - Monroe Council of the Arts FYI 2; 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 - Monroe Council of the Arts FY12; 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 - Monroe Council of the Arts FYI 2; 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 - Monroe Council of the Arts FYI 2; page 12 C _k C-- Services to be provided by the Florida Keys Council of the Arts under the 2011/12 Agreement with the Board of County Commissioners of Monroe County, Florida 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. E 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, Tropic Cinema, Key West Maritime Society 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 lic buildings program in ten county buildings o. Manage the revolving art in pub plus commissioners' offices. p. Manage the arts in healthcare program. q. Provide leadership for the Performing 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 professional 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 Donna Bosold(chair), Beth Kaminstein, Susann D'Antonio, Nance Frank and Jeffrey Harwell. 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 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 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, Ann Lynch and Bunnie Smith. 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, 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 2 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 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. Lower Keys Medical Center Main Hall Gallery (Emily Sorkin) 3. Historic Key West Courthouse (Isabel DeSantis) 4. Freeman Justice Center (Emily Sorkin) 5. Lester Building (FKCA Staff) 6. "Artport" at the Key West Airport (Emily Sorkin) 7. American Cancer Society (Carrie Helliesen) 8. Marathon Government Center (FKCA Staff ) 9. Marathon Government Annex (Susan Hover) 10. Marathon Airport (FKCA Staff) 11. Murray E. Nelson Gov't. & Cultural Center (Cris Sandifer) 12. 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, 2. Monroe County Nutrition Program, 3. AARP, 4. Red Barn Theatre, 5. Coffeemill Dance Collective, 6. Waterfront Playhouse, 7. Performance at St. Paul's, 8. Keys Kids, 9. Impromptu Concert Series. 6. Secure non - county funds such as grants 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 b. ArtReach c. Key West Writers Guild Award d. Tropic Cinema Leader Project e. Arts in Hospital f Golden Ticket Program for Low - income Seniors g. Special Project Grant h. Hurricane Emergency Grants i. South Florida Cultural Consortium j. Dance Scholarship k. Band Camp scholarship Visual and Media Artist Fellowship 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 http• / /www.keysarts.com c. Write, edit and distribute press releases to promote availability of grant opportunities d. Conduct workshops to assist potential applicants c. 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 m. 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. $4,750 was awarded in the most recent completed fiscal year. i. 2,159 children were served in the most recent completed fiscal year. ii. To date, $95,185 has been awarded in Artist in Schools grants c. Artists in Schools projects, artists, teachers, and schools were: i. Fabric Art with artist Margo Ellis and teacher Christine Shanle at Gerald Adams Elementary School; 2 ii. Behind the Curtain of the Nutcracker with artist Joyce Stahl and overall coordinated by school principal Theresa Axford at Sugarloaf Elementary and Middle Schools, Poinciana Elementary, Stanley Switlik Elementary and Plantation Key Schools; Understanding the Basics of Lighting, Composition & Color with artist William LeDent and teacher Lorriann Collepardi of the Florida Keys Children's Shelter in the Upper Keys; iv. Practice Makes Perfect with the Keys Community Concert Band and teacher Susan Bazin at Key Largo Middle School; v. Kids Theatre Production of Beauty & The Beast with artist Michele Zofchnak and teacher Suzanne Gagliardini at Plantation Key School; vi. Around the World in an Evening /Afternoon with storyteller Laurie McIntosh and teacher Phyllis Pope at Sugarloaf School and Glynn Archer Elementary School vii. ECMC Dancing Classrooms with dancer Lucy Carleton and teacher Tina Belotti at Glynn Archer Elementary, Sigsbee Elementary, Marathon Middle School, Stanley Switlik and Plantation Key Schools. viii. Helping Students Make Learning Fun with artist Connie Hauk and teacher Hazel Hartman at Big Pine Key Elementary Academy. ix. A School of Fish with artist Erin Backer and Committee Member Genevieve Canizares at the Just 4 Kids Community Art Center in Bahama Village. 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. c. $7,000 was awarded in the most recent fiscal year. i. 2,559 persons were served in the most recent fiscal year. ii. To date, $126,736 has been awarded in ArtReach grants. d. ArtReach projects, artists and their partners were: i. Jazz Concert - The Isle of Bones by Harry Schroeder and the Paradise Big Band; ii. Cracked by Key West Contemporary Dance Company and Coffee Mill Yoga & Dance Studio Key West; iii. Key West Modern Dance Intensive by Maurizio Nardi and Coffee Mill Yoga & Dance Studio Key West; iv. My Fair Lady by The Key West Pops Orchestra and The Keys Chorale. 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. Elisabeth Anton of Key West received the award this year for her novel in progress At the Desert's Edge. 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. Bounce and Karen Grant - Margil received a grant of $16,750 for their Learn to Juggle Today workshops and performances at seven schools throughout Monroe County. Over 1500 children were served by this program. d. Jennifer Martin received a grant of $1,000 for her project Painting Nature — Nature Painting of historical prints of the Seven Mile Bridge on highway US 1. e. To date, $81,450 has been awarded in Special Project grants. 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 $115,000 in these awards. d. Visual artist, Deborah Goldman of Key West received the 2011 $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 award has not been awarded as of this report. 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. $695,800 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: i. Florida Keys Art Guild ii. Florida Keys Birding & Wildlife iii. Florida Keys Community Concert Band iv. Key Largo Merchants Association v. Upper Keys Business Group vi. The History of Diving Museum vii. Marathon Community Theatre viii. Marathon Garden Club ix. National Council Traditional Arts R x. Pigeon Key Foundation xi. Lower Keys Artists Network xii. Lower Keys Chamber xiii. No Matter What Productions xiv. FKCC Keys Chorale xv. Key West Art Center xvi. Key West Art & Historical Society xvii. Key West Botanical Garden Society xviii. Key West Council on the Arts xix. Key West Film Society xx. Key West Garden Club xxi. Key West Harry S. Truman Foundation xxii. key West Literary Seminar xxiii. Key West Players xxiv. Key West Pops xxv. Mel Fisher Maritime Heritage Society xxvi. Miami -Dade Historical Maritime Museum xxvii. Monroe Association for ReMARCable Citizens xxviii. Old Island Restoration Foundation xxix. Paradise Ballet Theatre xxx. Performing Arts Centers Key West xxxi. Pirate Tours of Key West xxxii. Red Barn Theatre xxxiii. St. Paul's Episcopal Church xxxiv. 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 approximately 50 Keys' galleries. All galleries are eligible to participate by sharing in the cost of production. The 2011 guide was totally redesgined to a more user - friendly format. ii. 30,000 copies are distributed annually to over 200 Keys' locations, including many hotels and guesthouses. 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 7 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 In. 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 Newman PR Associates weekly and www.fla- keys.com. f. Post on www.kevsarts.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 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 E Maintain database in Access 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. 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.Social media communications utilizing Facebook. 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 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. 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. G� 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 73,329 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 -six advisory board members. Daily functions are carried out by the 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 and strategic 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 - Monroe Council of the Arts FYI 2; page 13 SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Mo,r\ro Co-v,6l of -Vt-q- R(s Cop 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 any , commission, percentage, gift, or consideration paid to the former County officer p�roployee._ Sig Date: STATE OF i r , &-,. COUNTY OF Mon rot_ PERSONALLY APPEARED BEFORE ME, the undersigned authority, E1� who, after first being sworn by me, affixed his /her signature (name of individual signing) in the space provided above on this 13 day of 26k Lj—�� 6 NOTARY PUBLIC My commission expires: :o•►�" Notary Public State of Florida Andrea Comstock My Commission D0970959 Pja R4F Expires 05/15/2014 OMB - MCP FORM #4 Contract - Monroe Council of the Arts FY12; page 14 DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: — t5 Co rp (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 stateme above requirements. fy that this firm complies fully with the STATE OF P lor1 COUNTY OF _ 0 � 0( \ ( d e-- of ate PERSONALLY APPEARED BEFORE ME, the undersigned authority, EVE S_ who, after first being sworn by me, (name of individual signing) affi d h' er signature in the space provided above on this l3-tl% day of C)C ivxer _ , 201k. PUBLIC �,► % Notary Public State of Florida Andrea Comstock My commission expires g My Commission Expires 05115/2014 Contract - Monroe Council of the Arts FY12; page 15