FY2021 09/16/2020 Goo ,
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.°° ,I,�t Kevin Madok, CPA
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Ali.: = Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: September 21, 2020
TO: Janet Gunderson
Senior Grant& Finance Analyst
�'Analyst
FROM: Pamela G. Hancdk;(/). 2.
SUBJECT: September 16th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
J2 Fiscal Year 2021 Agreement with Monroe Council of die Arts Corporation d/b/a
Florida Keys Council of die Arts in the amount of$79,900.00.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AGREEM-ENT
This Agreement is made and entered into this 16th day of September 2020, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board" or "County," and Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the
Arts, hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established to perform and carry out
the development, coordination and promotion of the arts throughout Monroe County, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for the
development, coordination and promotion of the arts in Monroe County, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily performing and providing services for the development, coordination and promotion
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, 2020, and terminate September 30,
2021, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT, Payment will be made periodically, but no more frequently than monthly, as
hereinafter set forth. Reimbursement requests will be submitted to the Board via the Clerk's Finance
Office. The County shall only reimburse, subject to the funded amounts below, those reimbursable
expenses which are reviewed and approved as complying with Monroe County Code of Ordinances,
State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of
payment by the PROVIDER shall be in the 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
shall reimburse the PROVIDER. However, the total of said reimbursement expense payments in the
aggregate sum shall not exceed the total amount shown in Article 1, above, during the term of this
agreement,
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a level
sufficient to allow for continued reimbursement of expenditures for services specified herein, this
agreement may be terminated immediately at the option of the Board by written notice of termination
delivered to the PROVIDER. The Board shall riot be obligated to pay for any services or goods provided
by the PROVIDER after the PROVIDER has received written notice of termination, unless otherwise
required by law.
S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with funds
provided under this agreement, shall become the property of Monroe County and shall be accounted
for pursuant to statutory, requirements. Funding under this agreement shall not be used to purchase
capital assets.
RECOROKEEPING
6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
Contract-Monroe Council of the Ails-FY21;page I
accepted accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four years following
the termination of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes, not authorized by this
Agreement, the PROVIDER shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to PROVIDER.
Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the
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
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
as "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
contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and
subject to audit and/or reproduction by County'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 confirmations with employees,
Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the
independent authority to conduct an audit of Records, assets, and activities relating to this Project.
The right to audit provisions survives the termination of expiration of this Agreement.
In addition, if PROVIDER is required to provide an audit as set forth in Section 8(e) below, the audit
shall be prepared by an independent certified public accountant (CPA) with a current license, in good
standing with the Florida State Board of Accountancy.
7. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and
PROVIDER in conjunction with this Agreement; and the County shall have the right to unilaterally
cancel this Agreement upon violation of this provision by PROVIDER.
S. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the County
the following (items (a)-(j) must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status,
(b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute
496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof
of exemption from registration as per Florida Stature 496,406,
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors;
(e) Unqualified audited financial statements from the most recent fiscal year for all organizations
that expend $150,000 a year or more; if qualified, include a statement of deficiencies with
corrective actions recommended/taken; audit shall be prepared by an independent certified
public accountant (CPA) with a current license, in good standing with the Florida State Board
of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. The County shall be considered an "intended recipient" of said audit.
Contract-Monroe Council of the Arts-FY21;page 2
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(h) Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
(i) Specific description or list of services to be provided under this contract with this grant (see
Attachment Q;
(j) Annual Performance Report describing services rendered during the most recently completed
grant period (to be furnished within 180 days after the contract end date.) The performance
report shall include statistical information regarding the types and frequencies of services
provided, and outcomes achieved (see Attachment G);
(k) Cooperation with County monitoring visits that the County may request during the contract
year; and
(1) Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
RESPONSIBILITIES
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. ATTORNEYS FEES AND COSTS. The County and PROVIDER agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
11. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and PROVIDER and their respective legal
representatives, successors, and assigns.
12. CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance
of gifts; doing business with one's agency; unauthorized compensation, misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
13. NO SOLICITATION/PAYM ENT. The County and PROVIDER warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for
it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from, the
award or making of this Agreement. For the breach or violation of the provision, the PROVIDER agrees
that the County shall have the right to terminate this Agreement without liability and, at its discretion,
to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration,
14. INDEPENDENT CONTRACTOR. At ail 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 emp�loyees of the Board,
Contract-Monroe Council of the Arts-FY21,page 3
COMPLIANCE ISSUES
15. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the
provision of such services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the PROVIDER.
16. PROFESSIONAL, RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that
all professionals have current and appropriate professional licenses and professional liability insurance
coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal
certification and/or licensure of the PROVIDER'S program and staff.
17. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. The COUNTY
and PROVIDER agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil
Rights Act of 1964 (PL 88-352), which 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; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale,
rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as
amended from time to time, relating to nondiscrimination in employment on the basis of disability;
10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
18. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services and/or
reimbursement of services shall be accomplished by an amendment, which must be approved in
writing by the County.
19. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The PROVIDER and County staff shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute or
claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall
have the right to seek such relief or remedy as may be provided by this agreement or by Florida law.
Any claims or dispute that the parties cannot resolve, shall be decided by the Circuit Court, 16 th 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
Contract-Monroe Council of the Arts-FY21;page 4
and PROVIDER agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. County and PROVIDER specifically agree that no party
to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
ASSURANCES
21. COVENANT OF NO XNTEREST. 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.
22. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing and
with the prior written approval of the Board, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This agreement shall be incorporated by reference into
any assignment and any assignee shall comply with all of the provisions herein. Unless expressly
provided for therein, such approval shall in no manner or event be deemed to impose any obligation
upon the Board in addition to the total agreed upon reimbursement amount for the services of the
PROVIDER.
23. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768,28, Florida
Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the County be required to contain any provision for waiver.
24. ATTESTATION& PROVIDER agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
25. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
INDEMNITY ISSUES
26. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims
and causes of action for medical malpractice, medical negligence, bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorneys fees) which arise out of, in connection with, or
by reason of services provided by the PROVIDER occasioned by the negligence, errors, or other
wrongful act or omission of the PROVIDER'S employees, agents, or volunteers.
27. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the County, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the County.
28. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent oremployee of Monroe County shall be liable
Contract-Monroe Council of the Arts-FY21;page 5
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state statute,
and case law.
30. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and the PROVIDER
agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
GENERAL
31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing
any such counterpart.
32. NOTICE. Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other
party as follows:
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PRQ IDER
Liz Young, Executive Director
Monroe Council of the Arts Corporation
d/b/a Florida Keys Council of the Arts
1100 Simonton Street, Suite 2-263
Key West, FL 33040
305-295-4369
305-295-4372 FAX
33. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement
shall be governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
Contract-Monroe Council of the Arts-FY21;page 6
34. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and
performed by the PROVIDER shall not be deemed or considered as a continuing waiver and shall not
operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of
the same conditions or covenants or otherwise.
35. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent•.jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement, The County
and PROVIDER agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
36. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement. Any conditions imposed as a result of funding that effect the Scope of Services will
be provided to each party.
37. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties
hereto with respect to the subject matter hereof and supersedes any and all prior agreements with
respect to such subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract-Monroe Council of the Arts-FY21;page 7
IlN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
lili rd year first written above.
-'' t .- BOARD OF COUNTY COMMISSIONERS
IN MADOK, CLERK OF MONROE COU TY, FLORIDA
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Conhecl-Monroe Council of the Ails-FY21;papa 8
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community-Based
Organizations, county travelers, and contractual parties who have reimbursable expenses associated
with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County
Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered for
reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves the
right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a
Payroll Journal is provided, it should include- dates, employee name, salary or hourly rate, total
hours worked, withholding information and paid payroll taxes, check number and check amount. If
a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required, Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The log
must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses, will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Con(racl-Monroe Council of the Arts-FY21;page 9
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the number
called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not
acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the
agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the
airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement
requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not
reimbursed if taken to arrive at a departure point-, for example, taking a taxi from one's residence to
the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel
expense at the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must
be registered and paid for by traveler. The County will only reimburse the actual room and related
bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel® Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport for a
business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS,
AND MILEAGE POLICY of the Monroe County Code of Ordinances, Meal guidelines state that travel
must begin prior to 6 a.m, for breakfast reimbursement, before noon and end after 2 p.m. for lunch
reimbursement, and before 6 p,m, and end after 8 p.m. for dinner reimbursement.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Monroe Council of the Ads-FY21;page 90
ATTACHMENT 8
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period of, to
- ----------
Check # Payee Reason Amount
101 Company A Rent $ X'XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee 6 P/R ending 05/28/01 XXX.XX
(A) Total I-XI X X_X.X X
(B) Total prior payments $ X'XXX.XX
(C) Total requested and paid (A + B) $ X'XXX.XX
(0) Total contract amount $ X'XmXX
Balance of contract (D-C) 1---X,—)(XXXX
I certify that the above checks have been submitted to the vendors as noted and that the expenses are
accurate and in agreement with the records of this organization, Furthermore, these expenses are in
compliance with this organization's contract with the Monroe County Board of County Commissioners and will
not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
TO BE COMPLETED BY NOTARY (in accordance with; State notary requirements)
State of n .of
The foregoing instrument was acknowledged before me, by means of 0 physical presence or 0 online
notarization, this .—day of (month), _ (year), by (name
of officer or agent, title of officer or agent) of (name of entity).
Personally Known
Produced Identification: Type of ID and Number on
(SEAL)
Signature of Notary
Name of Notary (Typed, Stamped or Printed)
Notary Public, State of
Contract-Monroe Council of the Arts-FY21;page I I
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 2020-2021
Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts is the liaison among cultural
organizations, all levels of government and the private sector in advancing and promoting the arts throughout
Monroe County,The Council endeavors to make the arts a part of the fabric of daily life.
Vision Statement.The vision of Florida Keys Council of the Arts is to enrich the arts and enhance the
cultural heritage of the Florida Keys.
Mission Statement:The mission of the Florida Keys Council of the Arts is to advance the creative
development and promotion of the arts in our cultural community by providing excellence in leadership,
advocacy, education and financial support for artists, cultural organizations, and citizens of Monroe County,
The Florida Keys Council of the Arts is designated by the Board of County Commissioners as the Local
Arts Agency(LAA) as provided by Florida Statute 286.011.
The scope of services as stated in FKCA's contract with the BOCC for the period April 16, 1997 through September
30, 2031 is to provide the program development and sponsorship necessary to accomplish within Monroe County
the goals and purposes set forth in the Florida Fine Arts Act of 1990,
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 nonprofit
organization in a public-private partnership with Monroe County.
Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically listed as data
processing, PC time, payroll, postage, delivery, productions, supplies, telephone, and travel expenses.
Services to be provided by the
Florida Keys Council of the Arts under the 2020/21 Agreement with the
Board of County Commissioners of Monroe County, Florida
The current staff consists of three full time persons,the Executive Director, Elizabeth Young, Business
Manager, Martha Resk and Executive Assistant and Marketing/Public Relations Specialist, Cynthia Page.
They are assisted by two part-time people,Special Event and Public Art Specialist, Reen Stanhouse(two
afternoons per week)and one part-time contractor,Website Administrator, Kati Van Aernum,volunteers,including
board members,also provide valuable services to the operations.
The Responsibilities of the Florida Keys Council of the Arts (FKCA) staff are as follows.
1. Provide professional support and technical assistance to the FKCA board
2. Provide all administrative support and technical assistance to the Art in Public Places (AIPP) Board
I Provide professional support and technical assistance to the Cultural Umbrella (CU) committee of the
Tourist Development Council (TDC)
4. Advertise all meetings of the FKCA board,AIPP, Cultural Umbrella, and other committees pursuant to
Florida's Government in the Sunshine standards.
Contract-Monroe Council of the Arts-FY21;page 12
ATTACHMENT C (continued)
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
d. Key West Writers Guild Award
e.Tropic Cinema Leader Project
f. South Florida Cultural Consortium Visual and Media Artist Fellowship
g.Arts in Hospital
h. Dance and Design Scholarships
i. Hurricane Emergency Grants
7, Manage Cultural Umbrella grant program, funded by tourist-tax dollars, under contract to the Tourist
Development Council and described in (15), below,
8, Manage all the above-mentioned grant programs
9. Secure funds and administer Artists in Schools grants
10. Secure funds and administer Art Builds Community grants
11. Secure funds and administer Key West Writers Guild Award
12. Secure funds and administer Special Project Grants
13.Secure funds and administer South Florida Cultural Consortium Visual & Media Artists Fellowships
14,Secure funds and administer a Design and Dance scholarship
15,Secure funds and administer Cultural Umbrella grants
16. Partner with TDC, and secure tourist tax and non-county funds such as grants, ad revenue and
private donations to support publications of benefit to tourists as well as residents:
a. Gallery Guide
b. KeysArts Quarterly Cultural Events Brochure
c. Culture Magazine
17. Maintain website http://www.keysarts.com
18. Recruit and retain members
19. Perform general office tasks
20. Bookkeeping
SUMMARY
The Florida Keys Council of the Arts is a non-profit, 501(c)(3)corporation serving a public purpose. It has
been in a contractual relationship with local county government since 1997. FKCA is incorporated with the State of
Florida and recognized by the IRS as the Monroe Council of the Arts Corporation, dba Florida Keys Council of the
Arts, FEIN 65-0737532. Governing documents, including the articles of incorporation, bylaws and strategic plan are
available for review on the arts council's award-winning website, www.keysarts.com.
FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is an important
component of the tourist-based economy, Additionally, FKCA serves local residents including school
children and the elderly. FKCA connects local artists and arts organizations with one another, with their
audiences and with the world.
It serves 73,090 local residents and 4.4 million visitors annually, A nine-member board of directors guides the
council, assisted by three alternate directors, two director's emeritus and many advisory board members. Daily
functions are carried out by the executive director, staff, and valued volunteers.
FKCA funding is provided by the Monroe County Board of County Commissioners,the Tourist
Contract-Monroe Council of the Ads-FY2 1;page 13
ATTACHMENT C (continued)
Development Council, members, donors, private donations and grant makers; including the Community
Foundation of the Florida Keys,the South Florida Cultural Consortium, the State of Florida, Department
of State, Division of Cultural Affairs, the Florida Council on Arts and Culture, and the National Endowment for the
Arts.
Scope of Services provided by the Florida Keys Council of the Arts for the Tourist Development Council
2018—2021 contract
FKCA is the main source of information on arts and culture in the Keys. Cultural tourism Is a significant
component of the tourist-based economy.
Responsibilities include:
a. Provide a central point of contact in the promotion of the arts, artists and cultural
organizations in the county,
b.Act as advocate and liaison in contacts with the community, media,county commissioners,
and cultural organizations both within and outside the county.
c. Manage and update a comprehensive web site which includes an annual calendar of events
d. Maintain a comprehensive database of artists,organizations, and patrons
e. Collect and disseminate cultural event information
f. Interact effectively with all staff of the TDC,Tinsley Advertising and NewmanPR Associates
g. Participate in state and national economic survey data collection and reporting efforts to stay
current in tourism trends.
h. Request and manage monthly TDC reimbursements
I. Provide program management and development
j. Manage the revolving art in public buildings program in two airports,ten county buildings and
commissioners'offices.
k. Represent the FKCA in national, state and local cultural associations and inform the Board of
all major initiatives undertaken by these organizations to promote tourism.
I. Outreach to artists and cultural organizations in the Keys and beyond
m. Engage in event planning and implementation in partnership with other community
organizations such as MARC House,Tropic Cinema, Key West Maritime Society, etc.
Publish and distribute publications of benefit to tourists as well as residents:
Gallery Guide
E The Gallery Guide is a popular fold-out map and guide to more than 50 Keys' art
galleries. All galleries are eligible to participate by sharing in the cost of production.
ii. 15,000 copies are distributed annually to over 200 Keys' locations, including hotels,
guesthouses, chambers, and museums.
iii. The Gallery Guide is also included in national and international press kits, and
distributed at travel trade shows.
iv. The Gallery Guide is updated in both content and style to maintain its appeal and
accuracy,
KeysArts Quarterly Cultural Events Brochure
v. KeysArts is a printed comprehensive cultural calendar listing all of the cultural events
including theater, concerts,gallery receptions and exhibits, festivals, dance, literary
and museum programs happening throughout the Keys in a three-month period.
vi. 17,000 copies are distributed annually to over 200 Keys' locations
vii. KeysArts is also included in national and international press kits, and distributed at
travel trade shows.
Contract-Monroe Council of the Arts-FY21,page 14
ATTACHMENT C (continued)
Culture Magazine
viii. Culture Magazine produced by Tinsley Advertising in cooperation with the Cultural
Umbrella committee.
ix. The magazine is an annual insert in the in-Room Concierge hard cover book placed in
hotel rooms throughout the Keys,
x. In addition to the insert, free-standing copies are printed and distributed locally by the Arts
Council. It is included in national and international press kits, and distributed at
travel trade shows.
xi. Culture Magazine is currently the most downloaded brochure on the TDC's award winning
website, www.fla-keys.com
Our website—www.keysarts.com
o FKCA's website provides complete information, in a visually attractive and easy to navigate
format using contemporary graphic design, for visitors and residents about the arts and culture
scene from Key Largo to Key West.
o it has a direct link to the TDC website
o it provides contact information and direct links to all Keys' cultural organizations by category for
easy reference for visitors
o,The Cultural Calendar is Posted and e-mailed to media, members, and the public on a weekly
basis along with other timely arts information in an attractive newsletter format
o Art in Public Places installations and photos are posted
o,Calls to Artists are kept current and posted monthly
o Interactive Artists Registry is available
o Press releases are archived
Compile, write, edit and publish cultural event calendar listings and calls to artists in various formats
a. Gather and edit cultural information by phone, mail, and e-mail with visual, literary and
performing artists, cultural and community organizations, and other members of the public
b.Coordinate with advertising, printing, public relations, we master, and internet providers as
needed to maintain product quality.
c, Conduct environmental scanning of newspapers and website s including, but not limited to,
www.fla-keys.com and www,keysnews.com
d. Send cultural calendar to 15 local print publications, radio stations and media outlets in South
Florida weekly including NewmanPR, Key West Citizen's Paradise section, KONK Life,
Keynoter and the Free Press
e.Send by e-mail to opt-in subscriber list weekly
f. Compile, edit and route information for use in Keys its Quarterly and annual Culture
Magazine and various regional and national calendars, publications, and websites
Maintain prompt, courteous communications with public and cultural community approximately 150
requests per month whether phone,e-mail, in-person from visitors(events, public art exhibits, galleries,
workshops) including artists, musicians, performers,writers (advising on how to get involved in festivals,
gallery shows, public art,auditions, performing arts venues available, publicizing classes, how to set up
and publicize their own events),
Contract-Monroe Council of the dots-FY2 1;page 15
ATTACHMENT D
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither YGVW!�t- (Respondent's name) nor
any Affiliate has been placed on the convicted vendor h within the last 36 months.
Si n ure)
Date:
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of
The foregoing instrument was acknowledged before me, by means of Vphysical presence or 0
online notarization, this Vi day of ALW -- (month), --qDW (year), by
(name of officer or agent, title of officer or agent) of
(name of entity).
Personally Known
Produced Identification: Type of ID and Number on ID.........
(SEAL)
SignatJe of Notary
YASEI.N PERU,RODRIGUEZ
Nly COM ISSION, 4 CMM535
&vembaf 13,202'3 Name f Notary (Typed, Stamped or Printed)
EXPIRES Notary Public, State of
Contract-Monroe Council of the Arts-FY2 1;page 16
ATTACHMENT E
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE i FL0klt>A YEAJS C,0VtQC-(L
moWVb6 COONCAL, Of -Aif� A9LTG,,,_C09,P. Alblat OF lm�, ARJS
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also,
in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
ig] atu e)
Date,
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of D(IL16)
County of-------M A-C 6
The foregoing instrument was acknowledged before me, by means of M"physical presence or 0
online notarization, this 2-1 day of 81?5L4 (month), -2P-W (year), by
f i Rohem 00 (name of officer or agent, title of officer or agent) of
'name of entity).
Personally Known
Produced Identification: Type of ID and Number on ID
(SEAL)
SignatuA&`o.f Notary
qcw I' I V&Ra
k
Name of Notary (Typed, Stamped or Printed)
Notary Public, State of
Contract-Monroe Council of the Arts-FY2 1;page 17
ATTACHMENT F
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that:
rAoNfLOF, pF.'TtjE, AR_-rr- jItill aDP_LbA COQVUL- 0(: -TWL AA_-rS
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contenclere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6e Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, rtify tha th' complies fully with the above
requirements.
1 n4rej
Date:
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of MQ)(Ce
The foregoing instrument was acknowledged before me, by means of dphysical presence or 0
online notarization, this day of (month), (year), by
(name of officer or agent, title of officer or agent) of
(name of entity).
Personally Known
V1 Produced Identification: Type of ID and Number on ID
(SEAL)
Signatdre-of Notary
10-"Ns YASELIN PEREZ RODRIGUEZ
�jj
NlY COMMISSIoN 0 GG931535 L
'9
Q�
Lxpip s b, 0'r
V.4 EXPIPES Novtmber 13,2023
4ame of Notary (Typed, St r d or Printed)
Notary Public, State of
Contract-Monroe Council of the Arts-FY21;page 18
ATTACHMENT G
FY2021 Annual Performance Report
(For year October 1, 2020—September 30, 2021
enpy Name
Point o contact(Pop).
)
Phone/Email
Grant Amount
Per Section 0 of your contract, it is required that you fill out the entire form and answer every
question.
Narrative on the FY2021 Performance i'i.e. successes, challenges, etc.
Questions:
1. Please list services and client information below for the program/activities funded by the Monroe
County award.
Number of Personsl_n_ ._ TotalNurn r � iients'
JM; �1 02 1'a et. puleticq Target P�Population Served
I
i
��a h`7ii UJi�l`�itVotis ttl�� t
2. What were the measurable outcomes (including numbers)accomplished in FY2021? please base
these outcomes on the semices you identified in Question 1.
3. What number and percentage of year clients/participants were at or below the federal poverty level in
FY2020; and/or 200%; and/car another standard used by your organization?
. Were all the awarded funds used in FY2021? If not, please explain.
. What is the number of FTEs working on the program(s)funded by the award in FY2021?
ontracl-Monroe Council of the Arta-FY29;page 19
6. Were the awarded funds used as match in FY2021? If so, please list matching sources,
7. at area of Monroe County did you serve in FY2021?
8. How many total FTEs in your organization?
9. Volunteers: —hours of program service were contributed by volunteers in FY2021
10. What was the CEO/Executive Director(or highest paid title) compensation in FY2021? (Please
breakdown between salary and benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FY2021 IRS Form 990. If
your FY2021 IRS Form 990 is not yet prepared, please provide an estimate for the following
questions.
12. What were your organization's total expenses in FY2021?
13. What was your organization's total revenue in FY2021?
14, What was the organization's total in grants and contracts for FY2021?
15. What was the organization's total donations and in-kind (fundraising) in FY2021?
16. What?ercentage of your expenses are program service expensesl versus management and general
expenses in FY2021 as reported on your IRS Form 990?
tPMrg rein jgpMggxQenses are defined as expenses needed to run your programs,
IMgm-ement 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-Monroe Council of the Arts-FY21;page 24