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Item C16 C.16 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting October 16, 2019 Agenda Item Number: C.16 Agenda Item Summary #6141 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 No AGENDA ITEM WORDING: Approval of Fiscal Year 2020 agreement with Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts in the amount of$79,900.00. ITEM BACKGROUND: The Florida Keys Council of the Arts has historically been funded directly from the BOCC. The funding approved for FY2020 is approximately 10% more than FY2019. PREVIOUS RELEVANT BOCC ACTION: The funding for the Florida Keys Council of the Arts was approved by the BOCC on September 18, 2019 during the adoption of the final Operating Budget for Fiscal Year 2020. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract - FL Keys Council of the Arts FY20_Agenda FINANCIAL IMPACT: Effective Date: 10/1/2019 Expiration Date: 9/30/2020 Total Dollar Value of Contract: $79,900.00 Total Cost to County: $79,900.00 Current Year Portion: $79,900.00 Budgeted: Yes Source of Funds: 001 Packet Pg.459 C.16 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A 10/16/19 001-01512 - FINE ARTS COUNCIL, $79,900.00 REVIEWED BY: Tina Boan Completed 10/01/2019 12:23 PM Christine Limbert Completed 10/01/2019 2:45 PM Maria Slavik Completed 10/01/2019 3:26 PM Kathy Peters Completed 10/01/2019 3:31 PM Board of County Commissioners Pending 10/16/2019 9:00 AM Packet Pg.460 AGREEMENT This Agreement is made and entered into this 16th day of October 2019, 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 0 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, 0 U IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as 0 0 follows: 0 FUNDING 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially and satisfactorily performing and providing services for the development, coordination and promotion E of the arts in Monroe County, shall pay to the PROVIDER the sum of SEVENTY-NINE THOUSAND NINE HUNDRED AND NO/DOLLARS ($79,900.00) for fiscal year 2020. 2. TERM. This Agreement shall commence on October 1, 2019, and terminate September 30, N 2020, unless earlier terminated pursuant to other provisions herein. Q C14 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 for 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 4- 0 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. 0 U 4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level U) 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. 0 S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds U provided under this agreement, shall become the property of Monroe County and shall be accounted for pursuant to statutory requirements. Funding under this agreement shall not be used to purchase E capital assets. Contract-Monroe Council of the Arts-FY20,page 1 Packet Pg.461 C.16.a PROVIDERRECORDKEEPING 6. RECORDS AND RIGHT TO AUDIT. 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 y the County or Clerk determines that onies paid to PROVIDER ursuant to this Agreement were spent for purposes not authorized by this o Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec. .0 , FS, running from the date the monies were paid to PROVIDER. U Rightto Audit. Availability of Records. The records of the parties to this Agreement relating to the 0 0 Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade o discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to s "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any E contract document (all foregoing hereinafter referred s"Records") shall be open to inspection and subject o audit and/or reproduction by Conty's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, >- verifying information and amounts through interviews and written conformations with employees, .� Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct n audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the termination of expiration of this Agreement. i 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. U) ACCESS.7. PUBLIC 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 4- subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and o 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. U GUIDELINES.S. COMPLIANCE WITH COUNTY The PROVIDER ust furnish to the County U) the following (items ( )- ') must be provided prior to the payment of any invoices): ( ) IRS Letter of Determination and GUIDESTARprintout indicating current 01(c)( ) status; ( ) 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 f exemption from registration as per FloridaStature 496.406. (c) List of the Organization's Boardf 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 andDirectors; (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 f Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the County: Contract-Monroe Council of the Arts-FY20,page 2 Packet Pg.462 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 For 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; 4- 0 (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 0 Attachment C); (j) Annual Performance Report describing services rendered during the most recently completed 0 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 0 provided, and outcomes achieved (see Attachment G); (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 E provisions and the scope of services that the County may request during the contract year. RESPONSIBILITIES C14 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 U. expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this U) 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. 4- 11. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement 0 shall bind and inure to the benefit of the County and PROVIDER and their respective legal representatives, successors, and assigns. 0 U 12. CODE OF ETHICS. County agrees that officers and employees of the County recognize U) 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/PAYM ENT. The County and PROVIDER warrant that, in respect to 0 itself, it has neither employed nor retained any company or person, other than a bona fide employee U 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 E 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, tooffset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Contract-Monroe Council of the Arts-FY20 page 3 Packet Pg.463 C.16.a CONTRACTOR.14. INDEPENDENT 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 n shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the PROVIDER. 0 LICENSING.16. PROFESSIONAL RESPONSIBILITY AND The PROVIDER shall assure that 0 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 n staff. i . The COUNTY and PROVIDER agree that there will be n 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 Q and PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as Q applicable, relating to nondiscrimination. These include but are not limited to: ) Title VII of the Civil Rights Act of 16 ( L -35 ), which prohibits 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; ) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; ) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), i which prohibits discrimination on the basis of age; ) The Drug Abuse Office and Treatment Act of 7 ( L - 5 ), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 170 U) (PL - ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523and 527 (42 USC §§ 690dd-3 and Dee- ), as ended, relating o confidentiality of alcohol and drug abuse patient records; ) Title VIII of the Civil Rights Act of 19 (42 USC §g 3601 et se .), as amended, relating to nondiscrimination in the sale, 0 rental or financing of housing; 9) The Americans with Disabilities Act of 1 (42 USC §§ 12101), as ended from time to time, relating to nondiscrimination in employment on the basis ofdisability; 0} Monroe County Coe Chapter 14, Article II, which prohibits discrimination on the basis of race, U color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or ; an ) 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.AMENDMENTS, CHANGES, AND DISPUTES 18. MODIFICATIONS AND Any and all modifications of the services and/or reimbursement of services shall be accomplished by an amendment, which must be approved in U writing y the County. 19. AD3UDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDERagree 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. Contract-Monroe Council of the Arts-FY20,page 4 Packet Pg.464 Any claims or dispute that the parties cannot resolve shall be decided by the Circuit Court, 16th 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 4- 0 to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 0 U 21. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently 0 0 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 0 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 E 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. cv 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. C14 24. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may u_ reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free (A Workplace Statement. 25. AUTHORITY. Each party represents and warrants to the other that the execution, 4- delivery and performance of this Agreement have been duly authorized by all necessary County and 0 corporate action, as required by law. 0 INDEMNITY ISSUES U (A ® 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 0 wrongful act or omission of the PROVIDER'S employees, agents, or volunteers. U 27. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' E 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, oremployees outside the territorial limits of the County. Contract-Monroe Council of the Arts-PY20:page 5 Packet Pg.465 28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent ore ployee of Monroe County in his or her individual capacity, and no member, officer, agent oremployee 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. U) 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 4- 0 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 offered in satisfaction of the obligation or responsibility. Further, this Agreement 0 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, 0 and case law. 0 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, oremployee of either shall E 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. Q N Q N 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. cv 32. NOTICE. Any notice required or permitted under this agreement shall be in writing and u_ U) hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: For Board: 4- Grants Administrator and Monroe County Attorney 0 1100 Simonton Street PO Box 1026 Key West, FL 33040 Key West, FL 33041 0 U For PROVIDER U) 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 0 305-295-4372 FAX U 33. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement E 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. Contract-Monroe Council of the Arts-FY20,page 6 Packet Pg.466 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 the 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. 4- 0 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 any 0 extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions U of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and 0 0 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 0 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. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each shall E be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Scope of Services will be provided to each party. N Q N 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] N U_ U) 4- 0 0 U U) 0 U E Contract-Monroe Council of the Arts-FY20:page 7 Packet Pg.467 C.16.a WITNESSIN R , the parties hereto have caused these presents to be executed as o the day and year first written above, (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 4- By Deputy Clerk Mayor/Chairman 0 0 Monroe Council of the Arts Corporation f � o G (Federal ID No. WitnessAl . ...m Witness xecutiv birec r cv i cv U) 4- 0 a� 0 U U) 0 U Contract-Monroe Council of the Arts-FY20,page Packet Pg.468 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to an 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. 4- 0 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: 0 "I certify that the above checks have been submitted to the vendors as noted and that the 0 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 0 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 E reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. cv 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. u_ U) 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 4- hours worked, withholding information and paid payroll taxes, check number and check amount. if 0 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. 0 U Postage, Overnight Deliveries, Courier, etc. U) A to 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. u_ Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. 0 U Reproductions, Copies, etc. A to of copy expenses as they relate to the County contract is required for reimbursement. The to E 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-FY20,page 9 Packet Pg.469 Telefax, Fax, etc. A fax log is required. The to must deflne the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user to of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. 4- 0 Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel 0 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 0 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 0 airline ticket. A travel itinerM 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 E expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required an 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. cv Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, u_ AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel U) 1� 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. 4- Non-allowable Expenses 0 The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically 0 included in the contract), entertainment expenses, fundraising, non-sufficient check charges, U penalties and fines. U) 0 U E Cor had-Monroe Council of the Arts-FY20:page 10 Packet Pg.470 ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 4- 0 Date C 0 The following is a summary of the expenses for (O[ganization name) for the time period to as Check # Payee Reason Amount C 0 101 Company A Rent $ X'XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX C 105 Employee B P/R ending 05/28/01 X�Xxxx 0 E (A) Total X1XXX,XX (B) Total prior payments $ X'XXX.XX N Q N (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) SL&M&M C 1 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 N Commissioners and will not be submitted for reimbursement to any other funding source. u- U) Executive Director Attachments (supporting documentation) 4- 0 TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) 0 C State of 0 U County of U) This instrument was acknowledged before me this day of (month), (year), u- by (name of officer or agent, title or officer or agent) of (name of entity). Personally Known C 0 Produced Identification:Type of ID and Number on 10 U C 0 (Seal) E Signature of Notary Name of Notary(Typed, Stamped or Printed) Notary Public, State of Contract-Monroe Council of the Arts-FY20;page I I Packet Pg.471 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 2019-2020 4- Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts is the liaison among cultural 0 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. 0 U Vision Statement:The vision of Florida Keys Council of the Arts is to enrich the arts and enhance the cultural heritage 0 0 of the Florida Keys. 0 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 E (LAA) as provided by Florida Statute 286,011. 0 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 0) partnership with Monroe County. cv Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically listed as data u_ processing, PC time, payroll,postage, delivery, productions, supplies, telephone and travel expenses. (A Services to be provided by the Florida Keys Council of the Arts under the 2019/20 Agreement with the Board of County Commissioners of Monroe County, Florida 4- 0 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 0 two part-time people, Special Event and Public Art Specialist, Reen Stanhouse (two afternoons per week) and one U part-time contractor, Website Administrator, Kati Van Aernum, volunteers, including board members, also provide (A 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 0 Development Council(TDC) U 4, Advertise all meetings of the FKCA board, AIPP, Cultural Umbrella and other committees pursuant to Florida's Government in the Sunshine standards. E 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 residents listed here. < a.Artists in Schools b.Art Builds Community c.Special Project Grant Contract-Monroe Council of the Arts-FY20,page 12 Packet Pg.472 ATTACHMENT C (continued) d.Key West Writers Guild Award e.Tropic Cinema Leader Project f. South Florida Cultural Consortium Visual and Media Artist Fellowship U) g.Arts in Hospital h.Dance and Design Scholarships i. Hurricane Emergency Grants 4- 7. Manage Cultural Umbrella grant program, funded by tourist-tax dollars, under contract to the Tourist 0 Development Council and described in (15), below- 8, Manage all the above-mentioned grant programs 9. Secure funds and administer Artists in Schools grants 0 10. Secure funds and administer Art Builds Community grants 11. Secure funds and administer Key West Writers Guild Award 0- 12. Secure funds and administer Special Project Grants 0 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: E 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, u_ FEIN 65-0737532. Governing documents, including the articles of incorporation, bylaws and strategic plan are U) 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. 4- FKCA connects local artists and arts organizations with one another,with their audiences and with the world. 0 It serves 73,090 local residents and 4.4 million visitors annually.A nine-member board of directors guides the 0 council, assisted by three alternate directors,two directors emeritus and many advisory board members, Daily U functions are carried out by the executive director, staff and valued volunteers, U) 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 u_ Keys,the South Florida Cultural Consortium, the State of Florida, Department of State, Division of Cultural Affairs, the Florida Council an 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 2018— 0 2021 contract U FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is a significant component E 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. Contract-Monroe Council of the Ads-FY20,page 13 Packet Pg.473 ATTACHMENT C (continued) 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 4- g. Participate in state and national economic survey data collection and reporting efforts to stay current in 0 tourism trends, h. Request and manage monthly TDC reimbursements i. Provide program management and development 0 j, Manage the revolving aft in public buildings program in two airports, ten county buildings and commissioners'offices. 0- k. Represent the FKCA in national, state and local cultural associations and inform the Board of all major r_ 0 initiatives undertaken by these organizations to promote tourism. 1. 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 E 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, NCD N guesthouses, chambers and museums. N. 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 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. u_ U) 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. 4- Culture Magazine 0 viii. Culture Magazine produced by Tinsley Advertising in cooperation with the Cultural Umbrella committee. 0 ix. The magazine is an annual insert in the In-Room Concierge hard cover book placed in hotel U rooms throughout the Keys, U) 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. u_ A. Culture Magazine is currently the most downloaded brochure on the TDC's award-winning website, www,fla-keys.com Our website—www.kEylgds..com 0 FKCA's website provides complete information, in a visually attractive and easy to navigate format using U 4i contemporary graphic design,for visitors and residents about the arts and culture scene from Key Largo to Key West. E C/ It has a direct link to the TDC website C� It provides contact information and direct links to all Keys'cultural organizations by category for easy reference for visitors 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 Art in Public Places installations and photos are posted Contract-Monroe Council of the Ads-FY20,page 14 Packet Pg.474 ATTACHMENT C (continued) * Calls to Artists are kept current and posted monthly * Interactive Artists Registry is available * 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 4- 0 artists,cultural and community organizations, and other members of the public b. Coordinate with advertising, pdn tin g, public relations,webmaster and intemet providers as needed to maintain product quality, 0 c. Conduct environmental scanning of newspapers and websites including, but not limited to, www.fla- U ke s,c and www.kevsnews.com 0 0 d. Send cultural calendar to 15 local print publications, radio stations and is outlets in South Florida 0 weekly including NewmanPR, Key West Citizen's Paradise section, KONK Life, Keynoter and the Free 2 Press e. Send by e-mail to opt-in subscriber list weekly f. Compile, edit and route information for use in KeysArts Quartedy and annual Culture Magazine and 0 E 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) includingcv 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). cv U_ U) 4- 0 0 U U) U_ 0 U E Contract-Monroe Council of the Arts-F Y20,page 15 Packet Pg.475 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, 4- 0 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 0 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 0 being placed on the convicted vendor list." r- 0 1 have read the above and state that neither _E5 L I'LA P>ET DU W-1 (Respondent's name) nor any Affiliate has been placed on the convicted vendor Ii within the last 3� months. E (Sigi at re) Date: C14 C14 TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of C14 County of u- U) This instrument was acknowledged before me this day of (month), (year), by (name of officer or agent, title or officer or agent) of 0 (name of entity). ersonally Known 0 Produced Identification Type of ID and Number on ID U U) u- (Seal) 0 Signature of otary U Notary Public State of Ronde 4i latLKA, /v Tammy L Sweeling My Commission GG 124623 Name of Notary(Typed, Stamped oi'Printed) E Expires D711612021, Notary Public, tate of Contract-Morsme Council of the Arts-PY20 page 16 Packet Pg.476 ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA 4- 0 ETHICS CLAUSE FLO RwOA codr4ckt- OF ...............C", 0 (Company) 0 "...warrants that /it has note ploye , retained or otherwise had act on his/her behalf any former 0 County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer 2 oremployee 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." E 01 —-—-------- ............ N i a t ire N ate: ................. To BE COMPLETED BY NOTARY (in accordance with State not requirements) N LL U) State of county of 0 This instrument was acknowledged before me this <9 7 day of i&± (month), (year), by (name of officer or agent, title or officer or agent) 0 of — (name of entity) U) V-11-Personally Known Produced Identificatiom Type of ID and Number on ID u- (Seal) 0 U a,y Public state of F]"ida E Signature of Nlotary JN Sviseting Tommy L.5in mycomml GG 124523 Eor"o711W2021- L RNe Name of Notary(Typed, Stamped or Printed) Notary Public, State of Contract-Monroe Counal of the Arts-FY20,page 17 Packet Pg.477 C.16.a ATTACHMENT F DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Floridat 287.087 ere certifies that: rA o N*,Of, U t U i r .t 4._ O TH .' � (Name of Business) 1. Publish statement noti i employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibitedin the workplace and 0 specifying the actions that will be taken against employees for violations of such ro i itio . 2. inform employees about the dangers of drug abusein the workplace, the business' policy of 0 maintaining drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the n Iti s that may be imposed on employees for drug abuseo violations. 3. Give each employee e in providingthe commodities or contractual is t are under bid o of the statement specified in subsection ( ). 4. In the statement specified in subsection ( ), notify employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms oft the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender contendere to, any violation of Chapter 893 (Floridatttes) or of any controlled substance law of the it s or any state, for a violation occurring in the workplace no cv laterthan five { } days after such conviction. cv 5. Impose a sanction on or require the satisfactory participation in a druguse assistance or rehabilitation pr ra if such is available in the employee's community, or any employee who is so convi 6. Make a goodfaith efforto continue to maintain a drug-free workplace through implementation oft is section. i As the personauthorized to sign the statement certify that tl ; complies fully with theabove requirements. , w ,. U) Sign u ) „ry 01 Date:' TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) Statef 1/ U U) County of This instrument s acknowledged beforethis _day of (month), (year). y °„r ( of icer or t, titl r icer or t) of (name of entity) 0 Personally Produced Identification: of ID and Number on t (Seal) RlgEure of gotary NotaryPublic J, 2 23 of 111 t (Tye to p r rint ) Notary Public, tat o Contract-Monroe Council of the Arts-FY20,page IS Packet Pg.478 C.16.a ATTACHMENT G FY2020 Annual Performance Report (For year October 1, 2019—September 30, 2020) Agency Name Point of Contact(POC) c Phone/Email c 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 FY2020 Performance (Le. successes, challenges, etc.): cv cv Questions: 1. Please list services and client information below for the program/activities funded by the Monroe i County award, Number of Persons in Total Number of Clients U) Services Ta et Po,ulation Ta et Po ulation Served in FY2020 0 0 U Tot�Undu,�ficated 2, What were the measurable outcomes (including numbers)accomplished in FY2020? 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 FY2020; and/or 200%; and/or another standard used by your organization? 4. Were all the awarded funds used in FY2020? If not, please explain. 5; What is the number of FTs working on the program(s)funded by the award in FY2020? Contra -R+tonfoe Councilof the Arts-FY page 19 Packet Pg.479 C.16.a 6. Were the awarded funds used as match in FY2020? If so, please list matching sources. 7. What area of Monroe County did you serve in FY2020? 8. How many total FTEs in your organization? 4- 0 9. Volunteers: hours of program service were contributed by volunteers in FY2020. 0 10. What was the CEO/Executive Director(or highest paid title) compensation in FY2020? (Please 0 breakdown between salary and benefits.) r_ 0 11. What is your organization's fiscal year? ° For the following questions, please use the number as reported on your FY2020 IRS Form 990. If your FY2020 IRS Form 990 is not yet prepared, please provide an estimate for the following 0 questions. 2 12. What were your organization's total expenses in FY2020? cv 13, What was your organization's total revenue in FY2020? 14. What was the organization's total in grants and contracts for FY2020? i cv 15. What was the organization's total donations and in-kind (fundraising) in FY2020? U) 16. What ercentage of your expenses are program service expenses' versus management and general expenses in FY2020 as reported on your IRS Form 990? 0 0 U U) 0 U r,,,,,,,,, _m s rvt,,,,, exaen ad,,a definedas expensesneeded to run your programs anagerrsent and general expenses encompass expenses such as human resources,salaries of those not working directly with programs,legal services,accounting services,insurance expenses,office management,auditing,and other centralized services, Contract-Monme Council of the Arts- Y20,page 20 Packet Pg.480