Loading...
Item J2 } J.2 `, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 �1 nff `ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys` ) H` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: J.2 Agenda Item Summary #7288 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 N/A AGENDA ITEM WORDING: Approval of Fiscal Year 2021 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 requested by the Council of the Arts for FY2021 is the same amount that was requested in FY2020. PREVIOUS RELEVANT BOCC ACTION: The funding for the Florida Keys Council of the Arts goes before the BOCC for approval on September 19, 2020 during the adoption of the final Operating Budget for Fiscal Year 2021. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: BOCC Request Letter June 2020 FY21 Contract- FL Keys Council of the Arts FINANCIAL IMPACT: Effective Date: 10/1/2020 Expiration Date: 9/30/2021 Total Dollar Value of Contract: $79,900.00 Total Cost to County: $79,900.00 Current Year Portion: FY2020 = $0 /FY2021 = $79,900.00 Budgeted: Yes Packet Pg.203 J.2 Source of Funds: 001 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A 09/16/20 001-01512 - FINE ARTS COUNCIL, $79,900.00 REVIEWED BY: Christine Limbert Completed 08/31/2020 11:09 AM Christina Brickell Completed 09/01/2020 1:27 PM Purchasing Completed 09/01/2020 1:32 PM Maria Slavik Completed 09/01/2020 1:33 PM Liz Yongue Completed 09/01/2020 1:37 PM Board of County Commissioners Pending 09/16/2020 5:05 PM Packet Pg.204 J.2.a kevs We Support We Connect We PromoteGive FLORIDA °sarts.eo COUNCILE arts June 2020 Mayor Heather Carruthers _ Mayor Pro Tern Michelle Coldirorn Commissioner David Rice Commissioner Sylvia Morph Commissioner Craig Cates Administrator Roman Castesi,Jr. Budget Director Tina Boan U Grants Coordinator Janet Gunderson C 0 Dear Ladies andGentlemen: The Florida Keys s Counicil of the Arts requests $79,900 for,the fiscal yf-,ar 2020-2021. � s requested, please find attached an overview of the (Florida Keys Corrrncll of the Arts, a list of � .staff responsibilities,a description of the services we provide and support materials, For more details,we invite you to visit r .keysarts,ocorun, You will fiend the arnrnnuall report, articles of incorporation, by-(laws, 990, audit and information on all programs and cv services, as well as a wealth of iI formation on all the mall ural organizations throughout the Keys >_ that:daily add creativity and diversity to our vibrant island life. .� cv e contribute with thne other culturall morn-profit organizations in the Keys to awn arnrnuall economic impact of over 0 irnnlHioun. This sauna does rnot even consider the ecornornnic impact of the for-profit arts businesses such as gaHeries and other cukura'l events. We are (proud to support, connect and promote all the arts, in all the hays, all the time. Your continued fundling of gene4l operating expenses wild altow pus to Secure other m specific prcnject furiding frorn writing grants and raising private funds, and to administer esserntial rr rant programs and services to our cornn€niurnity.We are proud of the quality cnuitural and arts organizations that contribute to the success of the Florida Keys as a premier destination known for its rued history and diverse culture.As the designated Local Arts Agency for the County, we thank you and appreciate your generous ongoing support. Sincerely, *yhy, pit *J.. Bonnie Greenberg lizabe_ln ern Chair, Board of Directors l Xec ive it rrCr f sf'n Historic Gato Building 1100 Simonton eet, Suite 2- F Key West, Florida 33040 3 3 Fax 305-295-4372 e info@keysarts.COM Packet iPg. 205 MENT This Agreement is made and entered into this 16th day of September 2020, between e BOARD OF COUNTY COMMISSIONERSF MONROE COUNTY, FLORIDA, hereinafter referred to as "Board" or "County," and MonroeCouncil of the Arts Corporation d/b/aFlorida Keys Council of the Arts, hereinafter referred to as "PROVIDER." the PROVIDER is a not-for-profit corporation established to perform and carry out the development, coordination and pro oion of the arts throughout Monroe County, and it is a legitimate pu lic purpose to providefacilities n services for the development, coordination an ro otion oft e arts in Monroe County, now, therefore,CIN ONSIDERATION of the mutual promises and covenants contained herein, it is agreedas follows: FUNDING 2 r_ 0 1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDERsubstantially and satisfactorily performing and providing services for the development, coordination n promotion of the arts in Monroe County, shall pay to the VI the sum of SEVENTY-NINE THOUSAND NO/DOLLARSHUNDRED AND 79, for fiscal year 2020. ® TERM. ThisAgreement shall commence on October 1, , n terminater , , unless ss earlier terminated purs t to other provisions herein. cv ® Payment ill eperiodically, t o ore frequently t monthly, s hereinafter s ®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 is re reviewed and approveds complying it Monroe County Coe of Ordinances, State laws and regulations and AttachmentA - Expense ReimbursementRequirements. Evidence of a) payment by the PROVIDER shall be in the form of a letter, summarizing the expenses, with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included s Attachment B. The r niz tion's final invoice must be received within thirty ys 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 e PROVIDER. However, the total of said i urse nt expense payments in t e aggregate sum shall not exceed the total amount shown in Article 1, above, during the term oft is agreement. FUNDS.4. AVAILABILITY OF If funds cannot be obtained or cannot be continued t a level sufficient ll for continued reimbursement of expenditures for services specified er i , this agreement y be terminatedimmediately t the option f 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 >_ y the PROVIDERafter the PROVIDERreceived written notice of termination, unless otherwise required y law. 5. PURCHASE OF PROPERTY. All property, whether real or personal, purchased withfunds U provided under this agreement, shall co e the property of Monroe County and shall be accounted for pursuant to statutoryrequirements. un i r this agreement shall not be used to purchase capital assets. RECORDKEEPING ® RECORDS AND RIGHT TO AUDIT. PROVIDERshall maintain all books, records, n documents directly pertinent to performance ance under is Agreement in accordance with generally Confmct-Monroe Council of the Arts-FY21;page i Packet;Pg. 206 accepted ccoun ing principles consistently i . Each party tat is Agreement or their authorized representatives shall have reasonable an timely access to such records of each other party to this Agreementfor public records purposes during the term f the Agreement and for four years following the termination is Agreement. If an auditor employed by the County or Clerk determines monies i to PROVIDER pursuant to this Agreement were spent for purposes not authorized by this Agreement, the PROVIDERell repay the monies together with interest calculated usu t to Sec. , F , running from e date the monies were paidto PROVIDER. N Right to Audit. Availability of Records. The records of the parties tat is Agreement relating to Project, is shall include not be limited cco ntin records (hard copy, as well as computer readable if it can be made available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates ivi e s; any other supporting evi nce deemed necessary - y County or the Monroeaunty Office aft e Clerk of Courtand Comptroller (hereinafter referred to s "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information an att rs that may in Co ny's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations n r or covered by any contract ocu a (all foregoing rin r referred to as "Records") shall be open to inspection subject i and/or reproduction y a ty's representativeand/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting I y s at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, se i vendor and supplier payments, miscellaneous allocations, special charges, verifying information n aunts 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 o this Project. The right to auditprovisions survives the termination of expiration aft is Agreement. n addition, if PROVIDER is required to provide .an audit as set forth in Section (e) below, the audit >- shall be preparedy an independent certified u lie accountant ) with current license, in good standing it the Florida State Boardof Accountancy. ® PUBLIC ACCESS. e County d V shall allown permit reasonableaccess to, and inspection of, I documents,s, r , 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 PROVIDERin conjunction i this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation oft is provision by PROVIDER. S. COMPLIANCE WITH COUNTY GUIDELINES. The V us furnishto the aunty 0) thefollowing (items ( )® °) s provided prior to payment of any invoices): ) IRS Letter of Determination and GUIDESTARprintout indicating current (c)( ) status; ( ) Proof of registration with the FloridaDepartment of Agriculture as required y Florida Statute 496.405 and the Florida Departmentof State as require y Florida Statute617.01201 roof 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 er please indicate when elected to serve and the length of term of service; ( ) Evidence of annual election of Officers and Directors; ( Unqualified i financial statements from ost recent fiscal year for all organizations that expend $150,000a year or more; if qualified, include statement of deficiencies with corrective io recommended/taken; it shall be prepared by an independent certified public accountant (CPA) with current license, in good standing with the Florida State Board of Accountancy. If the PROVIDERreceives , 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 ( I ); b. The CPA must maintain malpractice insurance covering the audit services provided c. The County shall be considered a "intended recipient" of said it. Contract-Monroe Council of the Arts®FY'21;page 2 Packet',Pg. 207 ( ) Copy of a filed or from ost recent fiscal year with all attached schedules; ( r i tion's Corporate Bylaws, which mustinclude the or ani tion's mission, board and membership composition, and process for election of officers; (h) r i ti n's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free or I c rovi io s, and equal employment opportunity provisions; (i) Specific description or list of services to be providedder this contract with this grant (see AttachmentC}; 'y Annual Performanceport describing services rendered rin 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 ( Cooperation i Countymonitoring visits that e }County y y request during the contract y r; n ( ) Other reasonable reports and information related o compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 2 RESPONSIBILITIES 0 m SCOPE OF SERVICES. The PROVIDER, fort e consideration named, covenants and agrees with the Boardto substantially satisfactorily perform andprovide the services outlined in Attachment to residents of MonroeCounty, Florida. ® ATTORNEY'S FEES AND COSTS. The County and PROVIDERr that in the event any cause of action or administrative rocs i is initiated or defended by any party relative to the enforcement r interpretation of this Agreement, the prevailingy shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award againstthe non- prevailing party, and shall include ttor ey's fees, courts costs, investigative, n out-of-pocket >_ expenses in appellate proceedings. Mediation proceedings initiated and conducted ursu n this Agreement shall be in accordance with the Florida Rules of Civil Procedure andusual and customary procedures required y the circuit court of Monroe County. ® BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind andinure e benefit of the County and PROVIDERand their respective legal representatives, successors, and assigns. 0 12. CODE OF ® County res h t officers and oy es of the County recognize y and will required o comply it standards of conduct r public officers and employees s delineated in Section 112.313, Florida Statutes, regarding, u of limited to, solicitation or acceptance of gifts; doing business with one'sagency; unauthorized compensation; misuse of public position, conflicting oy or contractual relationship; isclos re or use of certain information. ® / County I warrant that, in respect t itself, i s neither e loy nor retained any company or person, other than a bona working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay y person, company, corporation, individual, or firm, other a on fide employee working solely for U_ it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awardr making of this Agreement. For the breachor violation of the provision, the PROVIDERa r s that the County shall vet e right to terminatethis Agreement without liability and, at its discretion, to offset from onies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ® INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the PROVIDERis an independent contractor and not an employee of the Board. No statement contained in this agreement shall be construed so as to find the PROVIDERor any of its employees, contractors, servants or agents to be employees of the Board. Contract-Monroe Cuncil of the,arts-FY2i®'page 3 Packet',Pg. 208 COMPLIANCE ISSUES IS. COMPLIANCE WITH . In providing all services pursuant to this agreement, the PROVIDER shall abide by all statutes, ordinances, rules and regulations inin to or regulating 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 oft is agreement an shall entitle the Boardterminate this contract immediately o eliv of written notice o termination o the PROVIDER. ® PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure that II professionals havecurrent and appropriateprofessional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, stateand/or federal certification and/or licensure of theVI program staff. 0 17. . The COUNTY and PROVIDER are that there will be no discriminationagainst y 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 fu h r action on the part of any party, effective the date of the court order. The COUNTY and PROVIDERagree to comply i all Federal and Floridastatutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited o: 1) Title VII of the Civil Rights Act o ( - ), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the EducationAmendment of 1972, as amended E (20 USC §§ 1681-1683, and 1 - ), which prohibits discrimination on the basis of sex; 3) Section 504 of the RehabilitationAct of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; ) The Age Discrimination Act of 1975, s amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of ; ) The Druguse Office and Treatment Act of CD 72 ( L - 5 ), as amended, relating o nondiscrimination on the basis of druguse; ) The >- Comprehensive Alcohol Abuse andAlcoholism r v i n, Treatment ande ili do ct of 1970 u_ ( L 1- 1 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health ServiceAct of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 2 ee- ), as amended, relating confidentiality f alcohol a r use patient records® °3 Title VIII of e Civil Rights c of 1968 ( 2 USC §g 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; ) The Americans with DisabilitiesAct o ( 2 USC §§ 12101), as amendedfrom i e to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe orgy Code Chapter 1 , Article I , which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or e, and 1 } any other nondiscrimination provisions in any Federal or state statutes ich applymay tote parties to, or the subject ar o , this Agreement. AMENDMENTS, CHANGES, AND DISPUTES 18. MODIFICATIONS AND An all modifications oft services and/or reimbursement of services shall accomplished ®y n amendment, which mustrove in writing the County. 19. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDERagree that all disputes and disagreements shall be attempted to be resolved by meet and confersessions 0) between representatives of each of the parties. The PROVIDER andCounty staff shall try to resole the claim or dispute withmeet n confer sessions to be commenced itin 30 days of the disputer claim. If the issue or issues are still not resolved o the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be providedthis agreement or by Florida law. y claims or dispute that the parties cannot resolve shall be decidedy the Circuit Court, 1 th Judicial Circuit, Monroe County, Florida. COOPERATION.20. In the event any administrative r legal proceeding is instituted against either party relating o the formation, execution, performance, or breach of this Agreement, County Contract-MonroeCouncil of the Arts-FY21;page 4 Packet,Pg. 209 and PROVIDER r e to participate, to the extent required the other party, in all proceedings, hearings, processes, meetings, and other activities related o the substance of this Agreement or provision of the services under this Agreement. County and PROVIDERcii c lly agree that no party tot is Agreement shall be required to enter into any arbitration proceedings related to this Agreement. ASSURANCES 21. COVENANT OF NO INTEREST. County and PROVIDERcovenant that neither presently s 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 thisAgreement. PROVIDER22. NO ASSIGNMENT. The shall not assign this agreement except in writing and with the prior written approval of the Board, is approval shall be subject to such conditions and provisions as the Boardy deem necessary. is 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 ont forte services of the PROVIDER. NON-WAIVER23. . Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participationof the County and the PROVIDER in this Agreement and the acquisition of y commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemeda waiver of immunity tot the extent of liability coverage, r shall any contract entered into by the County be required to contain y provision for waiver. cv 24. ® V agrees to execute such documents e County may >_ reasonably require, o include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free `_ Workplace t e . ® AUTHORITY. Eachy represents n rr is tote other that the execution, delivery n e or nce of this Agreementv een duly authorized by all necessary County and corporate cio , as required law.INDEMNITY ISSUES 0 - U HARMLESS.26. INDEMNIFICATION AND HOLD The PROVIDER covenants and agrees to indemnify of harmless onro my Board of County Commissioners from any and all claims causesand of action for medical malpractice, medical negligence, bodily injury (including e , personal injury, and property damage (including roperty owned by Monroe County) and anyter losses, damages, and expenses (including ttorny's s) which arise out of, in connection with, or by reason of services provided by the VI occasioned by the negligence, errors, or other wrongful act or omission the PROVIDER'Semployees, agents, or volunteers. cv 27. PRIVILEGES AND IMMUNITIES. II of the privileges and immunities from liability,exemptions from laws, ordinances, and rules pensions and relief, disability, workers' compensation, other benefits which apply to the activity of officers, agents, or employees of any 0) public ens or employees of the County, when performingtheir respective functions under this Agreement it in the territorial limits of the County shall apply to the same degree nd extent to the performance of such ions and duties of such officers, agents, volunteers, or employees outside e territorial limits of the County. 28. NO PERSONAL LIABILITY. o covenant or agreement contained hereinshall be deemed to be a covenant r agreement of any member, officer, agent or employee of MonroeCounty in his or r individual capacity, and no member, officer, e t or employee of Monroe County shall be liable Contract-Monroe Council of the Arts- Y°21,page 5 Packet',Pg. 210 personally on this Agreement or be subject erso I liability r accountability by reason of the execution oft is 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 y participating niy from y obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participatingentity, in which case performance y 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 f the County, except tot the extent permitted by the Floridaconstitution, state statute, and case law. 0 ® - o person or entity shall be entitled to rely upon the terms of this r nt to enforce or attempt to enforce any third-party claim or entitlement to 0 or benefit of any service or programcontemplated here er, and the County and the PROVIDER agree neither o my 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, ni 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. COUNTERPARTS.GENERAL E 31. EXECUTION IN This Agreement may be executed in any number of counterparts, each of which shall be regarded s an original, all of whichtaken together shall constitute one andthe same instrument and any of the parties hereto may execute t i re nt by signing any such counterpart. �- 32. ® Any notice required or permitted under this agreement shall be in writing an hand-delivered or mailed, postage pre-paid, y certified il, return receipt requested, e other party as follows: °3 0 For Bogr Grants Administrator and MonroeCounty Attorney 1100 Simonton r x 1026 Key West, FL 33040 Key West, FL 33041 For PRQNLIDER Liz Young, Executive Director Monroe Council f the Arts Corporation d/b/a Florida ys Council of the Arts � 1100 SimontonStreet, Suite 2-263 y West, FL 33040U 3 305-295-4372 FAX FEES.33. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND This Agreement 0) shall be governed by and construed in accordance with the laws of the State of Floridalice le to contracts made and to be performedentirely in the State. In the event that any cause of action or administrative proce i is instituted for the enforcement r interpretation of this Agreement, the County and PROVIDERagree that venue ill lie in the appropriatecourt or before the appropriate administrative body in Monroe County, Florida. e County and PROVIDERr that, in the event of conflicting interpretations of the terms r a termf this r t by or between any of them the issue shall be submitted o mediation prior to the institution f any other administrative or legal proceeding. Contract-Monroe Council of the,4rf -FY21;page 6 Packet',Pg. 211 34. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed y the PROVIDERshall not be deemed or considered as a continuing waiv r and shall not operateto bar or prevent the Board from cl rin forfeiture for any succeeding r ac , either of the same conditions r covenants or otherwise. 35. . If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance orperson) II be declaredinvalid or unenforceable to any extent y a court of competent jurisdiction, e remaining terms, covenants, conditions r visions of this n , shall not be affected thereby; and eachremaining term, covenant, condition and provision of this re shall be valid shall be enforceable to the fullest extent permitted law unless the enforcement of the remainingterms, covenants, conditions and provisions of this Agreement uld prevent the cco lis ent of the original intent of this Agreement, The County — and PROVIDER agreeto reform the Agreement to replace any stricken provision withvalid rovision that comes as close possible to the intent of the stricken provision. m CLAIMS FOR FEDERAL OR STATE AID: PROVIDER andre t each shall e, and is, empowered to apply for, seek, and obtain e er I and state funds u h r the purposeof this r t. Any conditions imposed s a result of funding that effect the Scope of Services will e provided to each party. ® ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect tote subject matter hereof and supersedes any and all prior agreements i E respect to such u ject matter between the PROVIDER and the Board. cv INTENTIONALLY[THIS SPACE FT BLANK WITH SIGNATORY PAGE TO FOLLOW] N 0 0 0 cv Contract-Monroe Council of the Ads-FY21;page 7 Packet',Pg. 212 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST. KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA BBy .................................................... Deputy Clerk Mayor/Chairman 0 Monroe Council of the Arts Corporation 0 (Federal I No. (0 Witness 2 • BY ?: Witness e t-i v'e- it e c t o r cv cv cv E Contract-Monroe council of the Aril-FY21;page 6 Packet Pg. 213 ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service andCommunity-Based niz tia s, county travelers, and contractual parties who have reimbursable expenses ssociate with MonroeCounty business. These i elin s, as they relate to travel, are from o roCounty Code of Ordinances and Statelaws and regulations. cover letter (see Attachment B) summarizing the major line items o t reimbursable urs le expense request needs to also contain the followingnotarized certified statement: "I certify t the above checks have been submitted to the vendors as noted and that the attached expenses are accurate andin agreement withthe records f this organization. Furthermore, these expenses re in compliance i this or niz tion's contract itMonroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding o rce." Invoices should be bill to the contracting agency. Third y payments will not be considered for reimbursement. e r, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, a previous balances. E Reimbursement requests will be monitored in accordance with the level of detail in the contract. This documentout not be considered all-inclusive. TheClerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should it ce o - 2-3534. Data Processing, PC Time, N The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate yroll journals for the charging da et are attached n certified. Payroll certified statement verifying the accuracy and authenticity of the payroll expense is needed. Payroll Journal is provided, it should include: dates, employee e, salary or hourly rate, total ours worked, information and pai roll taxes, check number and check amount. If Payroll Journal is not provided, the following information usprovided: period, check aunt, check r, e, payee, n support for applicable paidpayroll taxes. , Postage, Overnight Deliveries, Courier, etc. log of all postage expenses s they relate to the County contract is required for reimbursement. r overnight or express deliveries, the vendor invoice must be included. cv Rents, �- Leases, copy of the rental or lease r nt is required. osits and advancepayments are not allowable expenses. Reproductions, Copies, log of coy expenses as they relate to the County contract is required for reimbursement. The to must deflnethe date, number of copies , source oc n , purpose, and recipient. reasonable fee for coy expenses will be allowable. For vendor services, the vendor invoice n sample of the finished productre required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Contract-Monroe Council of the Arts- Y it Page 9 Packet',Pg. 214 Telefaxr Fax, fax log is required. a log mustfine the sender, the intended recipient, the date, the number called, n the reason for sending e fax. Telephone Expenses A user log of pertinent information ust be remitted including: the party called, e caller, the telephone number, the te, and to purpose of the call. Travel Travel s s must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted will be paidin accordance with Monroe County Code of Ordinances and Statelaws andregulations. Credit card statements are not acceptable ocu nt tion for reimbursement. If attending conference or meeting, a copy of the agendais needed. Airfarereimbursement requires the original passenger receipt portion the U airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented withi receipts. Taxis are not reimbursed if taken to arrive t a departurepoint: for example, taking a tax! from one's residence to the airport for a business trip is not reimbursable. Parki is considered a reimbursable tr v I expense e destination. Airport parkingduring a business trip is not. detailed list of charges is required e lodging invoice. Balance duemust be zero. Room must E e registered i for by traveler. The County will only reimburse the actual room andrelated 2 bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established y 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 pointof departure. For example, driving from one's home to the airport for business trip is not a reimbursable ex se. Meal reimbursement shall be at the rates sta lisp y ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, MILEAGEAND C f 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 beforen end after 8 p.m. for dinner reimbursement. Non-allowable Expenses e following expenses are not allowable for reimbursement: capital ut y 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. 0 N Contract-Monroe Council of the Arts-FY21m page 10 Packet',Pg. 215 ATTACHMENT ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Departe t 500 Whitehead tr t _ Key West, FL 33040 N Date 0 The following is a summary expenses for r nip do name) for the time period o .� to_ Check # Payeeas ont 101 CompanyRent , X.XX 102 Company B Utilities XXX.X 104 Employee { nin { { 1 XXX.XX 105 Employee / n i / XXX.XX ) Total 0) Total prior payments X,XXX.XX 2 ( ) Total requested an i ) X'XXX.XX ) Total contract amount ,XX .XXCD Balance of contract -C) certifyo checks have been submittedtote vendors as noted and that the expenses are accurateand in agreement withthe records of this organization. her or , these expenses are in compliance wit this r niati 's contract with the Monroe County Board of County Commissioners and will of be submitted r reimbursement to any other funding source. ecutive Director Attachments (supporting do ent io TO BE COMPLETED BY NOTARY in accordance withState notary requirements) � State f County of 0 U The foregoing instrument was acknowledged before me, by means of 0 physical presence or El online notarization, this of (month), (year), by (nan of officer or agent, title of officer oragent) of e of entity). Personally Known Produced Identification: y of ID and Number on ID (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary u lie, State o _ Contract-Monroe Council of the Arts-FY21,page 11Packet',Pg. 216 ATTACHMENT C Specific description and list of services to be provided under this contract: Overview f the Floridas Council of the Arts Fiscal Year 2020-2021 N Monroe Council of the Arts Corporation /a Florida Keys Council of the Arts is the liaison among cultural organizations, all levels of government and the private sector in advancing and promotingthe arts throughout Monroe County.The Council endeavors to make the arts a part of the fabricf daily life. 0 Vision Statement:The vision f Florida Keys Council of the Arts is to enrich the arts and enhance the cultural heritage of the Florida Keys. 0 Mission Statement:The missionof the Florida Keys Council of the Arts is to advance the creative development n r ion of the arts in our cultural community by providing excellence in leadership, advocacy,education and financial support for artists,cultural organizations, and citizens of MonroeCounty. The Florida Keys Council of the Arts is designated by the Boardof County Commissioners as the local Arts Agency as provided by Florida Statute 286.011. The scope of services as stated in FKC 's contract with the BOCC for the periodApril 16, 1997 through September 30, cv 1 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. N CC funding supports some of the administrative costs of Floridays Council of the Arts( C ).This provides the arts council the ability to securespecific project fundingthrough writingrants and raising m private funds and then to administer various grant programs.Although many arts councils in the State o 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. 0 Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically listed as data y processing, PC time, payroll, postage, delivery, productions, supplies, telephone,and travel expenses. Services i , Floridas Council of t t with the Board f County Commissioners of Monroe County, Florida 0 U 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-timepeople,Special Event and Public,art Specialist, Reen Stanose(two afternoons per e and one part-time contractor,Website Administrator, Kati Van Aernum,volunteers,including � board members,also provide valuable services to the operations. 0 The Responsibilities of the FloridaKeys Council of the Arts ( )staff are as follows. 1. Provide professional support and technical assistance to the FKCA board 2. Provide II administrative support and technical assistance tot the Art in Public Places( I oar 3. Provide professional support and technical assistance tot e Cultural Umbrella (C committee f the Tourist Development Council T C) 4.Advertise all meetings of the FKCA board, AIPP,Cultural Umbrella, and other committees ursuant to Florida's Government in the Sunshine standards. Contract-Monroe Council of the Acts-FY21;page 12 Packet',Pg. 217 ATTACHMENT C i 5. Manage additional art in public buildings programs not under the supervision of the AIPP committee: 6.Secure non-county n s such as grants and public and private donations to support rants, programs,services, and scholarships for residents listed here. a.Artists in Schools b. Art Builds Community N c.Special Project Grant d. Key West Writers Guild Award e.Tropic Cinema Leader Project f. South lori a Cultural Consortium Visual and Media Artist Fellowship — g. s in Hospital h. Dance and Design Scholarships o 1. Hurricane Emergency Grants 0 7. Manage Cultural Umbrella grant program, funded by tourist-tax dollars, under contract to the Tourist o Development Council and describedin (15), below. 8. Manage all the above-mentioned rant programs 9.Secure funds and administer Artists in Schools grants . Secure funds and administer Art Builds Community grants E 1 . Secure funds and administer Key West Writers Guild Award 1 .Secure funds and administer eciai Project Grants 13.Secure funs and administer South Florida Cultural Consortium Visual & Media Artists Fellowships 1 ,Secure funds and administer a Design and Dancescholarship 15.Secure funds and administer Cultural Umbrella grants 16. Partner with T C, and secure tourist tax and non-county funds such as grants, ad revenue and private donations to support u lic ti ns of benefit to tourists as well as residents: a. Gallery Guide m b. KeysArts Quarterly Cultural Events Brochure c. Culture Magazine 17. Maintain website httpHwww.keysarts.com 18. Recruit retain members o 19. Perform n ral office as s 20. Bookkeeping SUMMARY The Florida Keys Council of the Arts is a non-profit, 51(c)(3)corporation serving a public purpose. It has been in a contractual relationship it local county government since 1997. FKCA is incorporated it the State o Florida recognized by the IRS as the Monroe Council of the Arts Corporation, a Florida Keys Council of the Arts, FEIN 65-0737532. Governing documents, including the articles of incorporation,bylaws and strategic plan are N available for review on the arts co cil's award-winning wa site, www.keysarts.com. FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is an important component oft e tourist-based economy. Additionally, FKCA serves local residents including c of children and the elderly. FKCA connects local artists and arts organizations with one another, with their audiences n it 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 threealternate directors, twodirector's emeritus and many advisory oar members. Daily functions are carried y the executive director,staff, and valued volunteers. FKCA fundingis provided byte Monroe County Board of County Commissioners,the Tourist Contract-Monroe Council of the Arts- Y21 page 13 Packet',Pg. 218 ATTACHMENT C i Development Council, members, donors, private donations and grantmakers; 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. N Scope of Services provided by the Florida Keys Council of the Arts for the Tourist Development Council 2018—2021 contract 0 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. 0 Responsibilities include: a. Provide 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 oft e T C,Tinsley Advertising and NewmanPRAssociates 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 — 1. Provide program management and development Manage the revolving art in public buildings program in two airports,ten county buildings an commissioners'offices. °3 k. Represent the FKCA in national, state and local cultural associations and inform the Board of all major initiatives undertaken by these r anizations 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— Guide L The Gallery Guideis a popular fold-out map and guideto 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, ca 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 E accuracy. Keys Arts Quarterly Cultural Events Brochure v. Keys its is a printedcomprehensive cultural calendar listing all oft the cultural events including theater, concerts,gallery receptions and exhibits, festivals, ance, literary and museumro ra s 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 innational n international press kits, and distributeda travel trade shows. Contract-Monroe Councilof the A ts- Y21;page 14 Packet',Pg. 219 ATTACHMENT C i 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. N x. In addition to the insert, free-standing copies are printed and distributedlocally by the Arts Council. It is included in national and international press kits, and distributedt travel trade shows. 0 xi. Culture Magazine is currently the most downloaded brochureon the T C's award i in e site, r .fla. es.co 0 CJ 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 o scene from ey 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 E o The Cultural Calendar is poste nd e-mailed to media, members, and the public on a weekly basis along it 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 nd posted monthly o Interactive Artists Registry is available o Press releases are archived Compile, write, edit andpublish cultural event calendar listings and calls to artists in various formats a. Gather and editcultural 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 wit advertising, rintin , public relations, webmaster, and internet providers as needed to maintain product quality. c. Conduct environmental scanning of newspapers and websites including, but not limited to, www.fla-keys.comand www.keysnews.com d.Send cultural calendart local print publications, radio stations and media outlets in South Florida weekly including a aKey West Citizen's Paradise section, KONK Life, Keynoter and the Free Press e.Send by e-mail to opt-in subscriber list weekly . Compile,edit and route information for use in KeysArts Quarterly and annual Culture Magazine and various regional and national calendars, lications, and websites Maintain prompt, courteous communications i u lic and cultural community--approximately requests er month whether phone,e-mail, in-person from visitors(events, public art exhibits,galleries, workshops) including artists, musicians, performers,writers (advising n how to get involved in festivals, gallery shows, u lic art,auditions, performing arts venues available, publicizing classes, how to set u and publicize their own events). Contract-Monroe Council of the,4 s- Y21;page 15Packet',Pg. 220 ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A personor affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bidn a contract to provide any goods or services to a public entity, y not submiti on a contract with a public entity fort e 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 r perform works a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with anypublic entity in excessof the threshold amount provided in Section287.017, l y TWO for a periodof 36 months from the date o beinglac on the convicted vendor list." y r t above state that neither (Respondent's name) nor 0 y Affiliate has been placedthe convicted vendor I:' within t6e last 36 months. i n -ure) Date: N TO BE COMPLETED BY NOTARY N N in accordance with State notary requirements) State of R06 0 County of WDIAIG The foregoing instrument was acknowledged fore me, by means of Vphysical presence or online notarization, this 71 day o I._- ' (month), _ I_-_W- (year), by (name of officer or agent, title of officer or gent) of (name of entity). N Personally Known Produced Identification: Type of ID andNumber on ID 1W*5-10-L-6�c-A5e4q0 (SEAL) Signatuke of Notary YASEtPREZ RDiGUEZ NSaCo SSIONG43➢535 2 e of Notary (Typed, Stamped or Printed)E ➢1ESNac� ber 3 Notary Public, State o _--. dl Contract-Monroe ouncil of the Arts-FY21;page 16 Packet',Pg. 221 ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA N ETHICS FLOIL10Al v + oF CORP. A/blrr (Company) "...warrants that he/it has not employed, retained r otherwise had ac n 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 Countyy, in its discretion, terminate this Agreement without liability n 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 pai tote former County officer or employee." i atu e N a e, CD N 0 TO BE COMPLETED BY NOTARY in accordance with State notary requirements) Statel County of The foregoing instrument was acknowledged before me, by means of Vphysical presence or online notarization, this EI day of ° 1t (month), (year), by (name of officer or agent, title of officer or agent) of cv (name of entity). �- erson lly Known Produced Identification: Type of ID and Number on (SEAL) r* Sign to of Notary ' tiY�C►,!�l�1551oN� 3 V55 � ,��I �" E{@'1V2ES N�v�m cr Vie?�23Name of biota (Typed, Stamped or Printed) (Votary Public, State of Contract-Monroe Council of the Art - Y2?;page 17 Packet',Pg. 222 ATTACHMENT F DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance i Floridat tuts 287.087 hereby certifiesthat: (Name of Business) N 1. Publish a statement notifying ploys s that the unlawful anuF ctur , distribution, dispensing, ss ssio , or use of a controlled substance is prohibited in the workplacen specifying the actions that will be taken against employees for violations of such ro i ition. 2. Inform employees o t the dangers of drug abusein the workplace, the business' policy of maintaining a drug-free workplace, any available ru counseling, rehabilitation, and employee assistance ro r s, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give ac employee engaged in providingcommodities or contractual services that are under bid a copy of the statement specified in subsection (1). . In the statement specified in subsection (1 , notify the employees that, as a condition o working on the commodities or contractual services that are under bid, the employeeill abide y the terms of the statement n ill notify the employer of any conviction of, or plea of guilty or nolocontendere to, any violation of Chapter 893 (Florida t tut s) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no 0) later than ) days after such conviction. 2 5. Impose sanction n or require the satisfactory partici tion in a drugabuse assistance or rehabilitation pro r if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. '✓ N s the person authorized to sign the statement, rtify th complies fully with the above requirements. TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) stateof County of MMCG The foregoing instrument was acknowledged before me, by means of ysic I presence or online otariz tion, this V day of (month), (year), y (name of officer or agent, title of officer or f (nameof ntit ), Personally Known Produced eificatio : Type of ID andNumber on I (SEAL) YASELIN PEREZ RODR16UEZSignatdre of Notary M1iY COMMISSION#GG931535 '�` i � EXPIRES November 13,2 23 of of (Typed, sta7Vor Printed) NotaryPublic, State of Contract-Montue Council of the Arts-FY2i 18Packet',Pg. 223 ATTACHMENT G FY2021 Annual Performance Report (For year October 1, ncy Name _. Point-of Contact(,POP),- Phone/Email Grant — o SectionPer t t, it is required t you fill out the entireevery r- question. Narrative on the FY2021 Performance i.e. successes, challenges. etc.): CD 2 CD Questions: N 1. Please list services and client information below for the program/activities funded by the Monroe County award. Number of Persons in TotalNumber of Clients — ��s#t{{t , Ti l iS. .......... -..-Tnet Popy.lation Servedi 1 .... 0 . ._ _. .. m __.... a 6 t " Total upt,' tClients 0 2. What weres r I u s (including nu rs)aaccomplished in Y 1? Please base these outcomes n the servicesyou identified in Question 1. 3. t number and percentage of your cl ie nts/partici pants were at or below the federal poverty level i Y and/or %; and/or another standard used y your organization? 4. Were all the awarded funds used in FY2021? If not, please explain. 5. What is the number of FTEs working on the program(s)funded by the award in Y 1? Contract-Monroe Council of the Arts- Y21;{gage 19 Packet',Pg. 224 6. Were ther s used as matchin FY2021? If so, please list matching sources. 7. What area of Monroeo i you serve in FY20211? total8. How many FTEs in your organization? N 9. Volunteers: hours of program service r contributed y volunteers in FY2021. 0 10. What was the CEO/Executiveit ct r( r highest paidtitle) compensation in FY2021? (Please breakdown between salary n benefits.) 0 11. What is your r i i 's fiscal year? r_ 0 For the following i r as reported on your FY2021 IRS Form 990. If = your FY2021 IRS Form 990 is not yet prepared, please provideifollowing questions. 12. What wereyour or i i 's total expenses in FY2021? N CD 13. What was your or niz do 's total rev u in FY2021? 114. s the or niz i n's total in grants and contracts for 1? 15. What was the organization's total donations and in-kind (fundraising) in FY2021? 16. What ercentage of your expenses areprogram is expenses' versus management and general expenses in FY2021 as reported on your IRS Form ? 0 U N service a menses are defined as expenses needed to run your programs, 2Mgnagement and generl exr}enses 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- Y21;page 20 Packet',Pg. 225