FY2019 10/17/2018 pp`'p•° 4 'g Kevin Madok CPA
/Q� D
3' . I �.= Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 29, 2018
TO: Janet Gunderson Herbener
Senior Grant & Finance Analyst
FROM: Pamela G. Hanco.s!�► .
SUBJECT: October 17' BOCC Meeting
Attached are electronic copies of the following Items for your handling:
C20 Fiscal Year 2019 Agreement with Monroe Council of the Arts Corporation d/b /a
Florida Council of the Arts in the amount of $72,765.00.
C21 Agreement with Guidance /Care Center for the Community Transportation for
Disadvantaged Program in the amount of $46,942.00 and Baker Act Transportation Service
Program in the amount of $165,000.00 for Fiscal Year 2019.
C23 Two Agreements with Guidance /Care Center for Substance Abuse Mental Health
(SAMH) Services, including services provided as the Designated Centralized Receiving Facility
($859,195.00) and the Jail In -House Program ($193,847.00) for Fiscal Year 2019. The County
funding for SAMH services are the local match required by Florida Statute. Copies of the
agreements are provided.
C26 Fiscal Year 2019 Agreement with Historic Florida Keys Foundation, Inc.,
established to develop, coordinate, and promote historic preservation in Monroe County, in the
amount of $32,450.00.
Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Plantation Key, Florida 33070
305- 294 -4641 305 - 289 -6027 305 - 852 -7145 305 - 852 -7145
AGREEMENT
This Agreement is made and entered into this 17th day of October, 2018, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Monroe Council of the Arts Corporation d /b /a Florida Keys Council of the
Arts, hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not - for - profit corporation established to perform and carry out
the development, coordination and promotion of the arts throughout Monroe County, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for the
development, coordination and promotion of the arts in Monroe County, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily performing and carrying out the duties of the Board as to providing facilities and
services for the development, coordination and promotion of the arts in Monroe County, shall pay to
the PROVIDER the sum of SEVENTY -TWO THOUSAND SEVEN HUNDRED SIXTY -FIVE AND
NO /DOLLARS ($72,765.00) for fiscal year 2018 -2019.
2. TERM. This Agreement shall commence on October 1, 2018, and terminate September
30, 2019, 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.
5. 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.
Contract - Monroe Council of the Arts -FY19; page 1
RECORDKEEPING
6. RECORDS. PROVIDER shall maintain all books, records, and documents directly pertinent
to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination of
this Agreement. If an auditor employed by the County or Clerk determines that monies paid to
PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to PROVIDER.
In addition, if PROVIDER is required to provide an audit as set forth in Section 8(e) below, the audit
shall be prepared by an independent certified public accountant (CPA) with a current license, in good
standing with the Florida State Board of Accountancy.
7. 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.
8. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (Items A -J):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute
496.405 and the Florida Department of State as require by Florida Statute 617.01201 or
proof of exemption from registration as per Florida Stature 496.406.
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors;
(e) Unqualified audited financial statements from the most recent fiscal year for all organizations
that expend $150,000 a year or more; if qualified, include a statement of deficiencies with
corrective actions recommended /taken; audit shall be prepared by an independent certified
public accountant (CPA) with a current license, in good standing with the Florida State Board
of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the
County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. The County shall be considered an "intended recipient" of said audit.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(h) 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;
(i) Specific description or list of services to be provided under this contract with this grant (see
Attachment C);
(j) Annual Performance Report describing services rendered during the most recently completed
grant period (to be furnished within 180 days after the contract end date.) The performance
report shall include statistical information regarding the types and frequencies of services
provided, and outcomes achieved (see Attachment G);
(k) Cooperation with County monitoring visits that the County may request during the contract
year; and
Contract - Monroe Council of the Arts -FY19; page 2
(I) 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
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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
15. 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.
16. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
Contract - Monroe Council of the Arts -FY19; page 3
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and /or federal certification and /or licensure of the PROVIDER'S program and staff.
17. NON - DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The COUNTY and 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 VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the basis of age; 5) The Drug •
Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in
employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
18. 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.
19. 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. The PROVIDER and County staff shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute
or claim. 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. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 16 Judicial Circuit, Monroe County, Florida.
20. 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
21. 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
Contract -Monroe Council of the Arts -FY19; page 4
with its performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
22. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This agreement shall be incorporated by
reference into any assignment and any assignee shall comply with all of the provisions herein.
Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any obligation upon the Board in addition to the total agreed upon reimbursement amount
for the services of the PROVIDER.
23. 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.
24. 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.
25. 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
26. 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
and causes of action for medical malpractice, medical negligence, 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.
27. 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.
28. 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.
29. 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
Contract -Monroe Council of the Arts -FY19; page 5
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
30. NON - RELIANCE BY NON - PARTIES. No person or entity shall be entitled to rely upon
the terms of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and the PROVIDER
agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
GENERAL
31. 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.
32. 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 Corporation
d /b /a Florida Keys Council of the Arts
1100 Simonton Street, Suite 2 -263
Key West, FL 33040
305 - 295 -4369
305 - 295 -4372 FAX
33. 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.
34. NON - WAIVER. Any waiver of any breach of covenants herein contained to be kept and
performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of
the same conditions or covenants or otherwise.
35. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable to
Contract -Monroe Council of the Arts -FY19; page 6
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.
36. 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 -FY19; page 7
®� IN`1A( ,, ESS WHEREOF, the parties hereto have caused these presents to be executed as of • f� v th g e day�a d r first written above.
F t c , a
' % BOARD OF COUNTY COMMISSIONERS
o �'TEST: E \!I =N MADOK, CLERK OF MONROE ,OUNTYY FLORIDA
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By Il/W B i
Deputy Clerk Mayor /Chairman
E. Monroe Council of the Arts Corporation
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MONROE COUNTY ATTORNEY
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Contract -Monroe Council of the Arts -FY19; 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 paid payroll taxes, check number and check amount. If
a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The log
must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Contract -Monroe Council of the Arts -FY19; 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 -FY19; 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 20_ by
who is personally known to me.
Notary Public Notary Stamp
Contract -Monroe Council of the Arts -FY19; page 11
ATTACHMENT C
Specific description and list of services to be provided under this contract:
Overview of the Florida Keys Council of the Arts
Fiscal Year 2018 -2019
Monroe Council of the Arts Corporation d /b /a Florida Keys Council of the Arts is the liaison among
cultural organizations, all levels of government and the private sector in advancing and promoting
the arts throughout Monroe County. The Council endeavors to make the arts a part of the fabric of
daily life.
Vision Statement: The vision of Florida Keys Council of the Arts is to enrich the arts and enhance the
cultural heritage of the Florida Keys.
Mission Statement: The mission of the Florida Keys Council of the Arts is to advance the creative
development and promotion of the arts in our cultural community by providing excellence in
leadership, advocacy, education and financial support for artists, cultural organizations and citizens
of Monroe County.
The Florida Keys Council of the Arts is designated by the Board of County Commissioners as the
Local Arts Agency (LAA) as provided by Florida Statute 286.011.
The scope of services as stated in FKCA's contract with the BOCC for the period April 16, 1997
through September 30, 2031 is to provide the program development and sponsorship necessary to
accomplish within Monroe County the goals and purposes set forth in the Florida Fine Arts Act of
1980.
BOCC funding supports some of the administrative costs of Florida Keys Council of the Arts (FKCA).
This provides the arts council the ability to secure specific project funding through writing grants and
raising private funds and then to administer various grant programs. Although many arts councils in
the State of Florida and nationally are divisions or departments of County governments, FKCA is
established as a non - profit organization in a public - private partnership with Monroe County.
Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically listed as
data processing, PC time, payroll, postage, delivery, productions, supplies, telephone and travel
expenses.
Services to be provided by the
Florida Keys Council of the Arts under the 2018/19 Agreement with the
Board of County Commissioners of Monroe County, Florida
The current staff consists of three full time persons, the Executive Director, Elizabeth Young,
Business Manager, Martha Resk and Executive Assistant and.Marketing /Public Relations Specialist,
Cynthia Page. They are assisted by two part-time people, Special Event and Public Art Specialist,
Reen Stanhouse (two afternoons per week) and one part-time contractor, Website Administrator,
Kati Van Aernum, volunteers, including board members, also provide valuable services to the
operations.
The Responsibilities of the Florida Keys Council of the Arts (FKCA) staff are as follows.
1. Provide professional support and technical assistance to the FKCA board:
2. Provide all administrative support and technical assistance to the Art in Public Places (AIPP)
Board
3. Provide professional support and technical assistance to the Cultural Umbrella (CU) committee of
the Tourist Development Council (TDC)
Contract -Monroe Council of the Arts -FY19; page 12
4. Advertise all meetings of the FKCA board, AIPP, Cultural Umbrella and other committees
pursuant to Florida's Government in the Sunshine standards.
5. Manage additional art in public buildings programs not under the supervision of the AIPP
committee:
6. Secure non - county funds such as grants and public and private donations to support grants,
programs, services and scholarships for local residents listed here.
a. Artists in Schools
b. ArtReach
c. Special Project Grant
d. Key West Writers Guild Award
e. Tropic Cinema Leader Project
f. South Florida Cultural Consortium Visual and Media Artist Fellowship
g. Arts in Hospital
h. Dance and Design Scholarships
i. Hurricane Emergency Grants
7. Manage Cultural Umbrella grant program, funded by tourist -tax dollars, under contract to the
Tourist Development Council and described in (15), below.
8. Manage all of the above - mentioned grant programs
9. Secure funds and administer Artists in Schools grants
10. Secure funds and administer ArtReach grants
11. Secure funds and administer Key West Writers Guild Award
12. Secure funds and administer Special Project Grants
13. Secure funds and administer South Florida Cultural Consortium Visual & Media Artists Fellowships
14. Secure funds and administer a Design and Dance scholarship
15. Secure funds and administer Cultural Umbrella grants
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
b. KeysArts Quarterly Cultural Events Brochure
c. Culture Magazine
17. Maintain website http: / /www.keysarts.com
18. Recruit and retain members
19. Perform general office tasks
20. Bookkeeping
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
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 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 73,090 local residents and 4.4 million visitors annually. A nine - member board of directors
guides the council, assisted by three alternate directors, two directors emeritus and many advisory
board members. Daily functions are carried out by the executive director, staff and valued
volunteers.
FKCA funding is provided by the Monroe County Board of County Commissioners, the Tourist
Development Council, members, donors, private donations and grant makers; including the
Community Foundation of the Florida Keys, the South Florida Cultural Consortium, the State of
Contract - Monroe Council of the Arts -FY19; page 13
Florida, Department of State, Division of Cultural Affairs, the Florida Council on Arts and Culture, and
the National Endowment for the Arts.
Scope of Services provided by the Florida Keys Council of the Arts for the Tourist Development
Council 2016 - 2018 contract
FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is a
significant component of the tourist -based economy.
Responsibilities include:
a. Provide a central point of contact in the promotion of the arts, artists and cultural
organizations in the county.
b. Act as advocate and liaison in contacts with the community, media, county
commissioners, and cultural organizations both within and outside the county.
c. Manage and update a comprehensive web site which includes an annual calendar of
events
d. Maintain a comprehensive database of artists, organizations and patrons
e. Collect and disseminate cultural event information
f. Interact effectively with all staff of the TDC, Tinsley Advertising and NewmanPR
Associates
g. Participate in state and national economic survey data collection and reporting efforts to
stay current in tourism trends.
h. Request and manage monthly TDC reimbursements
i. Provide program management and development
j. Manage the revolving art in public buildings program in two airports, ten county buildings
and commissioners' offices.
k. Represent the FKCA in national, state and local cultural associations and inform the Board
of all major initiatives undertaken by these organizations to promote tourism.
I. Outreach to artists .and cultural organizations in the Keys and beyond
m. Engage in event planning and implementation in partnership with other community
organizations such as MARC House, Tropic Cinema, Key West Maritime Society, etc.
Publish and distribute publications of benefit to tourists as well as residents:
Gallery Guide
i. The Gallery Guide is a popular fold -out map and guide to more than 50 Keys' art
galleries. All galleries are eligible to participate by sharing in the cost of production.
ii. 15,000 copies are distributed annually to over 200 Keys' locations, including hotels,
guesthouses, chambers and museums.
iii. The Gallery Guide is also included in national and international press kits, and
distributed at travel trade shows.
iv. The Gallery Guide is updated in both content and style to maintain it's appeal and
accuracy.
KeysArts Quarterly Cultural Events Brochure
v. KeysArts is a printed comprehensive cultural calendar listing all of the cultural
events including theater, concerts, gallery receptions and exhibits, festivals, dance,
literary and museum programs happening throughout the Keys in a three -month
period.
vi. 17,000 copies are distributed annually to over 200 Keys' locations
vii. KeysArts is also included in national and international press kits, and distributed at
travel trade shows.
Culture Magazine
viii. Culture Magazine produced by Tinsley Advertising in cooperation with the Cultural
Umbrella committee.
Contract - Monroe Council of the Arts -FY19; page 14
ix. The magazine is an annual insert in the In -Room Concierge hard cover book placed
in hotel rooms throughout the Keys.
x. In addition to the insert, free - standing copies are printed and distributed locally by
the Arts Council. It is included in national and international press kits, and
distributed at travel trade shows.
xi. Culture Magazine is currently the most downloaded brochure on the TDC's award -
winning website, www.fla - keys.com
Our website - www.keysarts.com
o FKCA's website provides complete information, in a visually attractive and easy to
navigate format using contemporary graphic design, for visitors and residents
about the arts and culture scene from Key Largo to Key West.
o It has a direct link to the TDC website
o It provides contact information and direct links to all Keys' cultural organizations
by category for easy reference for visitors
o The Cultural Calendar is posted and e- mailed to media, members and the public on
a weekly basis along with other timely arts information in an attractive newsletter
format
o Art in Public Places installations and photos are posted
o Calls to Artists are kept current and posted monthly
o Interactive Artists Registry is available
o Press releases are archived
Compile, write, edit and publish cultural event calendar listings 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 to 15 local print publications, radio stations and media outlets in
South Florida weekly including NewmanPR, Key West Citizen's Paradise section, KONK
Life, Keynoter and the Free Press
e. Send by e-mail to opt -in subscriber list weekly
f. Compile, edit and route information for use in KeysArts Quarterly and annual Culture
Magazine and various regional and national calendars, publications and websites
Maintain prompt, courteous communications with public and cultural community -- approximately
150 requests per month whether phone, e-mail, in- person from visitors (events, public art exhibits,
galleries, workshops) including artists, musicians, performers, writers (advising on how to get
involved in festivals, gallery shows, public art, auditions, performing arts venues available,
publicizing classes, how to set up and publicize their own events).
Contract - Monroe Council of the Arts -FY19; page 15
ATTACHMENT D
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 CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
I have read the above and state that neither 1 - .1-14 V00 t 61 (Respondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
/ A da NW
(Sign") MIF
Date: 10 - 3 cs$ I S
STATE OF:
florid&
COUNTY OF: ! ► lon rot
Subscribed and sworn to (or affirmed) before me on Oe..+JI7AK ( 2.0 U
(date) by f; 1I )4 (name of affiant). He/ShCraersonally known
to me has produced (type of identification) as identification.
;;ft GABRIELLA WEST NOTARY PUBLIC
` MY COMMISSION # GG 209257
, * EXPIRES: April 19, 2022
My I I ��
"� ��'-
'•'•:fEOF d� °�'• Bonded Thru Notary Public UnderWrltera y Commission Expires: `
Contract- Monroe Council of the Arts -FY19; page ya i
ATTACHMENT E
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" MDNI;0E CO OMC,AL OF THE f1 t2TS "
(Company)
"...warrants that he /it has not employed, retained or otherwise had act on his /her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee."
L i f ' / �rigio r
(Si s re) OF Date: e / / 206
STATE OF: 1oi
COUNTY OF: i y QL
Subscribed and sworn to (or affirmed) before me on t k TvOCK ( 21
(date) by Ci t ! L ,/I t (name of affiant). His personally
� I
nown to me or • :Is produced (type of
identification) as identification.
WEST
.��•VP, GABRIELLA • GG 209257
�} ,., , *; MY MM #
• '' "' EXCOPIRES:ApISSION r1119, , NOTARY PUBLIC
J ~ � P O Public Und:nxrfter�
• •l. §oke� • Bonded �,�il•;
My Commission Expires: 4 (11 i22,
Contract- Monroe Council of the Arts -FY19; page ,94 t l
ATTACHMENT F
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
IrArDw Zo E CoiNC,u` OF "THE At2TS otha 1Lotto►a KOLAS COON CAL -0F TKf AP--TS
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law
of the United States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
/ /V/
ign -,
Date: 411,7 �
STATE OF: Di a,
l�.-
COUNTY OF: MOYI (OQ ,
Subscribed and sworn to (or affirmed) before me on 1 � i_ ( 2-0 • _ - by
�I ( name of affiant). He/WI-personally known to me • r
has produced (type of i • - - - = • - • • - - - = '. .
•
- NORY PUBLIC
, ;:Y .'' GABRIELLA WEST My Commission Expires: Q (2-2--
I
MY COMMISSION # GG 209257 - l
7.a-,: EXPIRES: April 19, 2022
. '• :4F,' °•'' B onded Thru Notary Public Underwriters
Contract- Monroe Council of the Arts -FY19; page 19' l8
ATTACHMENT G
FY19 Annual Performance Report
(For year October 1, 2018 — September 30, 2019)
Agency Name
Point of Contact (POC)
Phone /Email
Grant Amount
Per Section 8 of your contract, it is required that you fill out the entire form and answer every
question.
Narrative on the FY19 Performance (i.e. successes, challenges, etc):
Questions:
1. Please list services and client information below for the program /activities funded by the Monroe
County award.
Services, . Target .Population target population. r ti se rried in I Y.19.
Unduplicated.ClientsAServetl
2. What were the measurable outcomes (including numbers) accomplished in FY19? Please base these
outcomes on the services you identified in Question #1.
3. What number and percentage of your clients /participants were at or below the federal poverty level in
FY19; and /or 200 %; and /or another standard used by your organization?
4. Were all the awarded funds used in FY19? If not, please explain.
Contract - Monroe Council of the Arts -FY19; page 19
5. What is the number of FTEs working on the program(s) funded by the award in FY19?
6. Were the awarded funds used as match in FY19? If so, please list matching sources.
7. What area of Monroe County did you serve in FY19?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY19.
10. What was the CEO /Executive Director (or highest paid title) compensation in FY19? (Please
breakdown between salary and.benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FY19 IRS Form 990. If your
FY19 IRS Form 990 is not yet prepared, please estimate for now, and re- submit revised when you
have the final numbers.
12. What were your organization's total expenses in FY19?
13. What was your organization's total revenue in FY19?
14. What was the organization's total in grants and contracts for FY19?
15. What was the organization's total donations and in -kind (fundraising) in FY19?
16. What percentage of your expenses are program service expenses versus management and general
expenses in. FY19 as reported on your IRS Form 990?
(Program service expenses are defined as expenses needed to run your programs. Management and
general expenses encompass expenses such as fundraising, human resources, salaries of those not
working directly with programs, legal services, accounting services, insurance expenses, office
management, auditing, and other centralized services.)
Contract - Monroe Council of the Arts -FY19; page 20