FY2008 10/17/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 7, 2007
TO:
Lynda Stuart, Office Manager
Tourist Development Council
ATTN:
Maxine Pacini
Administrative Assistant
FROM:
PamewG.Hanr~
Deputy Clerk 0
At tht: October 17, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Cultural Umbrella Event Agreements for Fiscal Year 2008, as follows: Red Barn Actors'
Studio, Inc. for Red Barn/Live Theatre, October 2007 - September 2008, in the amount of
$22,000; Island Opera Theatre of the Florida Keys, Inc. for Island Opera Theatre Concert Series,
October 2007 - June 2008, in the amount of$16,519; Key West Art & Historical Society for Key
West Art & Historical Society Cultural Events Series, October 2007 - September 2008, in the
amount of $25,000; Marathon Community Theatre, Inc. for Marathon Community Theatre
Season 2007-2008, October 2007 - September 2008, in the amount of $20,019; Key Largo
Baptist Church for Key Largo Christmas Pageant, December 2007, in the amount of $3,000; The
Key West Pops, Inc. for Key West Pops Orchestra, December 2007 - March 2008, in the amount
of $8,000; South Florida Center for the Arts for Historic Holiday Candle Walk and FY 2008
Upper Keys Concert Series, December 2007 - April 2008, in the amount $25,000; Florida Keys
Community Concert Band, Inc. for Pops in the Park, November 2007 - April 2008, in the amount
of $14,640; St. Paul's Protestant Episcopal Church of Key West, FL for Performance at St.
Paul's, October 2007 - September 2008, in the amount of $8,000; Key Largo Chamber of
Commerce, Inc. for Humphrey Bogart Film Festival, November 2007, in the amount of $25,000;
Key West Symphony Orchestra, Inc. fro Key West Symphony Orchestra, November 2007 - July
2008, in the amount of $15,000; Paradise Ballet Theatre, Inc. for Nutcracker Key West,
November - December 2008, in the amount of$18,000; Florida Keys Art Guild for Florida Keys
Art Guild Festivals, November 2008 - April 2008, in the amount of $21,317; Friends of Ft.
Taylor for Pirates in Paradise, November - December 2007, in the amount of $3,500; Key West
Innkeepers Association, Inc. for Lighted Historic Inn Tour, November - December 2007, in the
amount of $3.,000; Marathon Garden Club, Inc. for Marathon Garden Club's 2007/2008 Seasonal
Events, October 2007 - March 2008, in the amount of $15,000; Performing Arts Centers Key
West for Tennessee Williams Theatre 2007-2008 Season, December 2007 - April 2008, in the
amount of $15,000; FKCC Keys Chorale for FKCC Keys Chorale Concert Series, December
2007 - May 2008, in the amount of $7,000; Key West Players for Key West Players d/b/a
Waterfront Playhouse, December 2007 - May 2008, in the amount of $18,000; Old Island
Restoration Foundation, Inc. for 48th Annual Key West House & Garden Tours and Conch Shell
Blowing Con1test, December 2007 - March 2008, in the amount of $8,000; Key West Council of
the Arts for Impromptu Concerts, January - September 2008, in the amount of $10,000; Purple
Isle Art Guild for Purple Isle Art Shows, January 2008 - March 2008, in the amount of $13,700;
The Studios of Key West, Inc. for 2007 - 2008 Events Season, January - December 2008, in the
amount of $14,000; Sculpture Key West, Inc. for Sculpture Key West, January - April 2008, in
the amount of $22,000; Middle Keys Concert Association, Inc. for Middle Keys Music Concert
Season, January - March 2008, in the amount of $10,450; Key West Art Center for Key West
Craft Show, January 2008, in the amount of $5,000; Key West Literary Seminar, Inc. for 26th
Annual Key West Literary Seminar, January 2008, in the amount of$9,000; Friends ofF!. Taylor
for Civil Wair Days, February 2008, in the amount of $3,500; Pigeon Key Foundation, Inc. for
Pigeon Key Art Festival, February 2008, in the amount of$IO,OOO; Key West Art Center, Inc. for
Old Island Days Art Festival, February 2008, in the amount of $4,000; Harry S. Truman
Foundation, Inc. for Harry S. Truman Legacy Symposium - Truman and American Immigration
Policies, March - July 2008, in the amount of $8,000; Jessie Porter's Heritage House and Robert
Frost Cottage, Inc. for Robert Frost Poetry Festival, April 2008, in the amount of $9,000; Lower
Keys Chamb'~r of Commerce, Inc. for Underwater Music Festival, July 2008, in the amount of
$10,300; and Florida Keys Birding and Wildlife Festival, Inc. for Florida Keys Birding and
Wildlife Festiival, September - October 2008, in the amount of$15,000.
Fishing Umbrella Event Funding Agreements for Fiscal Year 2008, as follows: Rotary
Club of Key Largo, Inc. for Take Stock in Children Backcountry Challenge, October 2007, in the
amount of $2,000; Islamorada Charter Boat Association for Islamorada Sailfish Tournament,
November/Dl:cember 2007, in the amount of $8,000; Key West Fishing Tournament, Inc. for
Key West Fishing Tournament, December 2007 - November 2008, in the amount of $40,000;
Tammie Gurgiolo for Don Gurgiolo Sailfish Classic, December 2007, in the amount of $3,300;
Tammie Gurgiolo for Islamorada Junior Sailfish Tournament, December 2007, in the amount of
$2,200; Tammie Gurgiolo for Key Largo Sailfish Challenge, January 2008, in the amount of
$6,500; Mik(: Weinhofer for World Kingfish Championship, January 2008, in the amount of
$7,500; Murray Marine, Inc. for Hog's Breath King Mackeral Tournament, January 2008, in the
amount of $17,000; Tammie Gurgiolo for Islamorada Women's Sailfish Tournament, February
2008, in the amount of $2,000; Capt. Terry Fisher for 10th Anniversary Capt. Leon Shell Sailfish
Tournament, FebruarylMarch 2008, in the amount of $15,000; James Boker for Islamorada
All-Tackle Spring Bonefish Tournament, March 2008, in the amount of $1,500; World Sailfish
Tournament Charitable Foundation, Inc. for World Sailfish Championship, April 2008, in the
amount of $37,500; Tammie Gurgiolo for Big Boys Offshore Charity, April 2008, in the amount
of $6,000; David M. Navarro for 42nd Annual Marathon International Tarpon Tournament, May
2008, in the amount of $8,000; David M. Navarro for 32nd Annual Ladies Tarpon Tournament,
May 2008, in the amount of $6,000; Charlie's Coconuts LLC for Coconuts Dolphin Tournament,
May 2008, in the amount of $12,000; B.T Sales, Inc. for 22nd Annual Faro Blanco Invitational
Tarpon Tourtlament, May 2008, in the amount of $3,000; Golden Fly Invitational Tarpon
Tournament, Inc. for Golden Fly Tournament, May 2008, in the amount of $1,500; John
Stuempfig for Yamaha Dolphin Masters Invitational, May 2008, in the amount of $1,000; The
Don Hawley Foundation, Inc. for Don Hawley Tarpon Tournament, June 2008, in the amount of
$1,500; Lower Keys Chamber of Commerce, Inc. for Big Pine & Lower Keys Dolphin
Tournament, June 2008, in the amount of $8,000; Gold Cup Tarpon Tournament, Inc. for Gold
Cup Tarpon Tournament, June 2008, in the amount of $1,500; Key West Gators, Inc. for Key
West Gator Club Dolphin Derby, June 2008, in the amount of $8,000; Florida Straits Conch
Company for Conch Republic Ladies Dolphin Championship, July 2008, in the amount of
$1,000; Professional Firefighters of Monroe County IAFF Local 3903, July 2008, in the amount
of $3,500; Tournament Consultants, Inc. for Del Brown Invitational Permit Tournament, July
2008, in the amount of $1,000; Key West Marlin Tournament, Inc. for Key West Marlin
Tournament, July 2008, in the amount of $24,000; The Redbone, Inc. for Redbone @ Large
Robert-James, Sales Little Palm Island Grand Slam, August 2008, in the amount of $5,500;
Redbone, Inc. for Mercury SLAM Celebrity Tournament, September 2008, in the amount of
$11,000; Charlotte Ambrogio for Islamorada Invitational Fall Fly Bonefish Tournament,
September 2008, in the amount of $1,500; Redbone, Inc. for Mercury Baybone Celebrity
Tournament, September 2008, in the amount of $7,000; Charlotte Ambrogio for Mercury
Islamorada All Tackle Bonefish World Championship, October 2008, in the amount of $1,500;
and Redbone, Inc. for Mercury Cheeca/Redbone Celebrity Tournament, November 2008, in the
amount of $7,500.
Grant Award Agreement between Momoe County and the Dolphin Research Center, Inc.
to fund the Walkway on Causeway Project in an amount not to exceed $7,350, DAC III, FY 2008
Capital Resources.
Grant Award Agreement between Momoe County and the Dolphin Research Center, Inc.
to fund the Parking Lot Project in an amount not to exceed $33,000, DAC III, FY 2008 Capital
Resources.
Grant A ward Agreement between Momoe County and Florida Keys Community College
and the Letters "FKCC" to fund the Tennessee Williams Grand Foyer Cabaret Enhancement
Project in an amount not to exceed $25,000, DAC I, FY 2008 Capital Resources.
Grant Award Agreement between Momoe County and Upper Keys Community Pool, Inc.
covering the Scoreboard and Starting Block Project at Jacob's Aquatic Center in an amount not
to exceed $4,500, DAC V, FY 2008 Capital Resources.
Grant Award Agreement between Momoe County and Florida Keys Land & Sea Trust,
Inc. covering the Crane House Restoration and Enhancement Project in an amount not to exceed
$172,000, DAC III, FY 2008 Capital Resources.
Interlocal Grant Award Agreement between Momoe County and the City of Key West for
funding for the Smathers and Rest Beach sand.
Amendment (1st Amendment) to Agreement between Momoe County and Middle Keys
Events Council, Inc. to revise scope of services for the Marathon SBI Offshore Grand Prix on
May 18-20, 2007.
Amendment (1st Amendment) to Agreement between Momoe County and Islamorada
Community Entertainment, Inc. to extend Agreement to allow for completion of Segment I.
Destination Events Agreement between Momoe County and Greater Marathon Chamber
of Commercl~ covering the Original Marathon Seafood Festival on March 15-16, 2008 in an
amount not to exceed $25,000, DAC III, Event Resources.
Turn Key Events Agreement between Momoe County and 218 Duval Street Corp.
covering Fight Night in the Keys on January 18, 2008 in an amount not to exceed $25,000
(District I allocation = $20,000, District IV allocation = $5,000, FY 2008 Event Resources).
Turn Key Events Agreement between Monroe County and Premiere Racing, Inc. covering
Acura Key West 2008 in an amount not to exceed $70,000, DAC I, FY 2008 Event Resources.
Turn Key Events Agreement between Monroe County and Hog's Breath Saloon of Key
West, Inc. covering the Key West Songwriters Festival in an amount not to exceed $40,000,
DAC I, FY 2008, Event Resources.
Destination Events Agreement between Monroe County and Upper Keys Rotary
Foundation, Inc. covering the 13th Annual Gigantic Nautical Flea Market on February 23-24,
2008, DAC IV, FY 2008 Event Resources.
Amendment (1st Amendment) to Agreement between Monroe County and Florida Keys
Birding and Wildlife Festival to revise date of event.
Destination Events Agreement between Monroe County and Lower Keys Chamber of
Commerce, Inc. covering the Lower Keys Jazz & Blues Festival in an amount not to exceed
$2,000, DAC II, FY 2008 Event Resources.
Destination Events Agreement between Monroe County and Lower Keys Chamber of
Commerce, Inc. covering the Big Pine Nautical Flea Market in an amount not to exceed $8,000,
DAC II, FY 2008 Event Resources.
Amendment (1st Amendment) to Agreement between Monroe County and the Marathon
Community Theatre, Inc. to revise their schedule of events outlined in Exhibit A.
Turn Key Events Agreement between Monroe County and Key West Tourist
Development Association in an amount not to exceed $115,000 (District I allocation = $75,000;
District II allocation = $5,000; District III allocation = $11,500; District IV allocation = $11,500;
and District V allocation = $12,000) for Fantasy Fest on October 17-26,2008.
Destination Events Agreement between Monroe County and Lower Keys Chamber of
Commerce, Inc. covering the Big Pine Key Winterfest & Island Art Fair in an amount not to
exceed $2,167, DAC II, FY 2008 Event Resources.
Agret:ment between Monroe County and the Monroe Council of the Arts d/b/a Florida
Keys Council of the Arts commencing October 1, 2007 to fund the cost of tourist related
programs.
Enclosed are two duplicate originals of each of the above-mentioned for your handling.
Should you have any questions please feel free to contact our office.
cc: County Attorney
Finanl:e
File
AGREEMENT
THIS Agreement (Agreement) is entered into this ) y I:L day of ockb ,
2007 by and between MONROE COUNTY, Florida (County), and Monroe Council of
the Arts Corporation, d/b/a Florida Keys Council of the Arts (Provider).
WITNESSETH:
WHEREAS, Provider has requested funding to supplement costs of tourist
related programs; and
WHEREAS, County desires to fund tourist related programs;
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
1. TERM: The term of this contract is for a period of one year beginning
October 1 , 2007 and expiring on September 30, 2008.
2. SCOPE OF SERVICES: Provider shall provide the following services:
The administration and promotion of cultural/arts tourist related programs, including
but not limited to: publishing and distribution for use by tourism industry of annual
calendar of cultural events; a gallery guide and the production of an events guide;
weekly cultural calendar information provided to print media keys-wide; brochure of
locations/map of galleries/museums and other places of historic or cultural interest
for tourists; and the maintenance of cultural/arts information services that include
Monroe Council of the Arts website (www.keysarts.com). Provider shall maintain
rotating displays of visual art at the Key West and Marathon airports and several
public buildings, including the historic Gato Cigar Factory County Complex, as well
as answering any inquiries from potential travelers or visitors looking for cultural
information.
3. COMPENSATION: For the services described in paragraph 2 above,
the County shall provide an amount not to exceed $72,500 per year for the period of
October "1, 2007 through September 30, 2008, subject to any adjustment for an
invoice as described in the last sentence of this paragraph. Payments will be in
eleven (11) installments of $6,040 and one (1) installment of $6,060. Last payment
contingent upon providing proof of the following items: An Arts Gallery Guide, an
annual Calendar of events, an Events Guide, Brochure with map of locations of
museums & historic/Cultural site for tourists to visit, Web site for visitors. Monroe
County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the BOCC. Said payment shall occur in compliance with
the Local Government Prompt Payment Act upon the TOC Administrative Office
receiving an invoice as outlined in Exhibit A. Included with the invoice shall be a
Florida Keys Council of the Arts Agreement
FY 2008
statement verifying and certifying that the requirements and duties set forth within
this agreement have been fully performed for the month for which the invoice is
being submitted and that payment for the services have not been duplicated within
other grant contracts with the SOCC, State of Florida Division of Cultural Affairs or
the National Endowment of the Arts.
4. RECORDS - ACCESS AND AUDITS: The Provider shall maintain all
books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently
applied. The records to justify all charges, expenses and costs incurred in
performing the work shall be maintained by the Provider for at least four (4) years
after completion of this contract. The County shall have reasonable and timely
access to such books, records, and documents concerning the contracted services.
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.
(a) 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.
5. INDEPENDENT CONTRACTOR RELATIONSHIP: The Provider, is
and shall be, in the performance of all works, services, and activities under this
contract, an independent contractor and not an employee, agent or servant of the
County. The Provider shall exercise control, direction, and supervision over the
means and manner and personnel in which it and its employees perform the work.
In all respects, the Provider's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees or agents of
the County. Moreover, the Provider shall have no authority whatsoever to act on
behalf and/or as agent for the County in any promise, contract, or representation
other than specifically provided for in this contract. The County shall at no time be
legally responsible for any negligence on the part of said Provider, its employees or
agents, resulting in either bodily or personal injury or property damage to any
individual, form, or corporation.
6. MODIFICATION: Additions to, modification to, or deletions from the
Scope of Work and/or costs of work set forth in this contract may be made only by
amendment to this contract which must be approved in writing by the County. No
modification shall become effective without written approval of County.
Florida Keys Council of the Arts Agreement
FY 2008
7. BREACH AND PENALTIES: The parties agree to full performance of
the covenants contained in this contract, and the County reserves the right at its
discretion, provided any breach is material, to terminate the services in this contract
for any misfeasance, malfeasance or nonperformance of the contract terms or
negligent performance of the contract terms by Provider. Any waiver of any breach
of covenants herein contained shall not be deemed to be a continuing waiver and
shall not operate to bar the County from declaring a forfeiture for any succeeding
breach eilther of the same conditions or covenants or otherwise.
8. INDEMNIFICATION AND HOLD HARMLESS: The Provider shall
indemnify and hold harmless the County, its departments, agencies, officials,
employees, agents, servants and contractors, against any claims, liabilities and
expenses (including reasonable attorney's fees) arising as a result of any direct
and/or indirect action of Provider, its employees, agents, servants and/or contractors
in the pe,rformance of the terms of this contract or otherwise related to activity
conducted in the furtherance of this contract. Provider shall immediately give notice
to Count~' of any suit, claim or action made against Provider that is related to any
activity under this contract and will cooperate with the County in the investigation
arising as a result of any suit, claim or action related to this Agreement. The first
$10.00 of compensation shall be consideration for this indemnification. This
provision shall survive the termination of this Agreement.
9. LAWS AND REGULATIONS: It shall be understood and agreed that
any and all services, materials and equipment shall comply fully with all Local, State
and Federal laws and regulations.
10" TAXES: The County is exempt from Federal, Excise and State of
Florida Sales Tax.
11" FINANCE CHARGES: The County will not be responsible for any
finance charges.
12" SEVERABILITY: If any term, covenant, condition or provision of this
contract shall be held by a court of competent jurisdiction to be invalid or
unenforceable, the remaining terms, covenants, conditions and provisions of this
contract, or the application of such provision other than those as to which it is invalid
or unenforceable, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this contract shall be valid and 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.
Florida Keys Council of the Arts Agreement
FY 2008
13. FORCE MAJEURE: The Provider shall not be liable for delay in
performance or failure to perform in whole or in part, the services due to the
occurrence of any contingency beyond its control or the control of any of its sub-
Providers or suppliers, including labor dispute, strike, labor shortage, war or act or
war whether an actual declaration thereof if made or not, insurrection, sabotage, riot
or civil commotion, act of public enemy, epidemic, quarantine restriction, accident,
fire, explosion, storm, flood, drought, or other act of God, act of any governmental
authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or
supplies, or technical failure where the Provider has exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a breach of
the contract. The Provider shall notify the TOC of any delay or failure to perform
within fivE' (5) days of such action. Upon demand of TOC, the Provider, must furnish
evidence of the causes of such delay or failure. The Provider shall not resume its
performance hereunder unless provided for in the Scope of Services.
14" ASSIGNMENT: Provider shall not assign, transfer, sublease, pledge,
hypothecate, surrender, or otherwise encumber of dispose of this contract or any
estate cmated by this contract or any interest in any portion of the same, or permit
any other person or persons, company or corporation to perform services under this
contract without first obtaining the written consent of the County. In the event of
such consent, this contract shall be binding upon the Provider's successors and
assigns.
15" DISCLOSURE: The Provider shall be required to list any or all
potential conflicts of interest, as defined by Florida Statute 112 and Monroe County
Ethics Ordinances. The Provider shall disclose to the County all actual or proposed
conflicts of interest, financial or otherwise, direct or indirect, involving any client's
interest which may conflict with the interest of the County.
16" ADDITIONAL CONDITIONS: Provider agrees to accept additional
conditions governing the use of funds or performance of work as may be required by
federal, state or local statute, ordinance or regulation or by other policy adopted by
County. Such additional conditions shall not become effective until Provider has
been notified in writing and no such additional conditions shall be imposed
retroactively.
17" INDEPENDENT PROFESSIONAL JUDGEMENT: Provider shall at all
times exercise independent professional judgment and shall assume full
responsibility for the service to be provided and work to be completed.
18.. CARE OF PROPERTY: The Provider shall be responsible to the
County for the safekeeping and proper use of the property entrusted to Provider's
care, to iinclude any and all insurance for the value of the equipment and any
maintenance or service contracts relating to such equipment for its service life.
Florida Keys Council of the Arts Ag~ement
FY 2008
19. ETHICS CLAUSE: The Firm warrants that no person has been
employed or retained to solicit or secure this contract upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee and that
no member of the Monroe County government or the TDC has any interest,
financially or otherwise, in the Firm or its subcontractors. 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 cel1ain information.
20. 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.
21. 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 Agmement and that it has not paid or agreed to pay any person, company,
corporatiion, 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 proviision, the Provider agrees that the County shall have the right to terminate
this Agre~ement 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.
22. NOTICE: Any notice required or permitted under this contract shall be
in writing and hand-delivered or mailed, postage prepaid by certified mail, return
receipt requested, to the other party as follows:
For Provider:
President, Monroe Council of the Arts Corporation
1100 Simonton Street
Room 2-263
Key West, FL 33040
For Monroe County TDC:
Ms. Lynda Stuart
1201 White Street
Suite 102
Key West, FL 33040
Florida Keys Council of the Arts Agreement
FY 2008
For County:
County Attorney
P.O. Box 1026,
Key West, FL 33041-1026
County shall give notice to Provider of any meetings on which is an agenda item
pertaining to Providers contract. Said notice shall be given so that Provider has
ample time to make travel arrangements for an Executive Board member to attend
the meeting.
23. TERMINATION: Either party shall have the right to cancel this
contract Sit its sole discretion with or without cause upon sixty (60) days prior written
notice to the other party. Provider shall deliver to the County all papers, equipment
and other material related to the work performed under this contract upon
termination thereof.
24" 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, malY not submit a bind on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
25" APPROVALS AND CHANGES OF SPECIFICATIONS OF SERVICES:
The TOC shall have the sole and exclusive right to approve, modify, reject, or cancel
any and all plans, proposals, submissions and other work in process, in which event
the TOC's directions shall be immediately implemented. However, nothing in this
contract shall be construed as requiring the Provider to violate any contractual
commitm13nts to vendors contracted on TOC's behalf. All contractual commitments
to contracted vendors require the TOC's prior written approval. The County shall
only be liable for charges approved in writing prior to the Provider's entering into
such contractual commitment.
The performance of all services between Provider as described and otherwise
provided under this contract will be in full cooperation with and under the direct
supervision of the TOC. Whenever approval is required from the TOC, said approval
shall be in writing from the TOC Administrative Oirector or a designee, according to
TOC policy.
26" 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
Florida Keys Council of the Arts Ag~ement
FY 2008
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 shall lie in the appropriate court or before the
appropriate administrative body in the 16th Judicial Circuit in and for Monroe County,
Florida.
27., ATTORNEY'S FEES AND COSTS: The County and Provider agree that
in the evelnt 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
Procedune and usual and customary procedures required by the circuit court of
Monroe County.
28. 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 seission, 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.
29. 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 A~lreement shall be required to enter into any arbitration proceedings related
to this Agreement.
30. BINDING EFFECT. The terms, covenants, conditions, and provisions
of this Aglreement shall bind and inure to the benefit of the County and Provider and
their respective legal representatives, successors, and assigns.
31. 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 conporate action, as required by law.
Florida Keys Council of the Arts Agreement
FY 2008
32. NONDISCRIMINATION. 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 Agreelment automatically terminates without any further action on the part of any
party, effelctive 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 VII 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 pa1tent 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.
33" NON-RELIANCE BY NON-PARTIES. No person or entity shall be
entitled to rely upon the terms, or any of them, 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.
34" 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.
35.. OWNERSHIP: All work performed under the contract shall be the
property of the TDC and County, for whatever use and/or disposition the TDC and
County may deem appropriate. Such property shall include: a) all plans, documents
Florida Keys Council of the Arts AgReement
FY 2008
MONROE COUNTY ATTORNEY
APPROV~ ~ORM,,:
. -I.... A _ _ ~
SUSAN M. G SLEY
ASSIS!;)NT COUNTY ATTORNEY
Date ..U ';, J~. .:J(X/)
and recommendations; b) All manuscripts, copy, graphics, and videotapes. The
TDC and County shall have the full right to reproduce and/or use any products
derived from the Provider's work under the contract without payment of any royalties,
or fees.
36" FULL CONTRACT: This writing embodies the entire contract and
understanding between the parties hereto, and there are not other
contracts/agreements and understandings, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby. In order
to be effective, any amendment and/or change to this contract shall be in writing
recommended by the TDC and approved by the County and signed by both parties.
37" SECTION HEADINGS; Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that such
section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
38. CONSTRUCTION: This contract has been carefully reviewed by legal
counsel lor both parties. Therefore, this contract shall not be strictly construed
against either party on the basis of authorship.
(SEAL)
~ Danny L
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Dep ty Clerk
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Board of County Comrms!>i<iIDer~
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Mayor/Chairman"':;, :Jl:
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Florida Keys Council iM tfle ArSi
(CORPOHA TE SEAL)
Attest:
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I2>Av \ Ii:> IN N A {)... \"c.)-T)
Print Name
By.
Secretary
Print Name
OR
(1) Witness
Print Name
(2) Witness
Print Name
Florida Keys Council of the Arts Agtfement
FY 2008
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Exhibit A
INVOICE
The administration and promotion of cultural/arts tourist related programs, including
but not limited to: publishing and distribution for use by tourism industry of annual
calendar of cultural events; a gallery guide; An events guide; weekly cultural
calendar information provided to print media keys-wide; brochure of locations/map of
galleries/museums and other places of historic or cultural interest for tourists.
Maintain cultural/arts information services that include Monroe Council of the Arts
website (www.keysarts.com). Answering any inquiries from potential travelers or
visitors looking for cultural information.
Monroe Council of the Arts Corporation
The Monroe Council of the Arts Corporation certified that all services and provisions
specified within the agreement have been met for the month of
200_-----'
The Monroe Council of the Arts Corporation requests payment of $6,040 for 11
months and $6,060 for one month made payable to the Monroe Council of the Arts
Corporation.
On Iv for the Invoice dated Seotember 1 - 30. 2008 the following documents must be attached
before final payment can be considered:
Arts Gallery Guide
Annual Calendar of Events
Events Guide
Brochure with map of locations of museums & historic/Cultural site for tourists to visit
Web site for Visitors
Signature
Date
Sworn to and subscribed for me this
day of
,200_
Notary Public
Personally known _
or produced identification _
Type of identification produced
............................................................................
Monroe County Tourist Development Council
Administrative Office
Date
Florida Keys Council of the Arts Agteement
FY 2008