Item O2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 Division: County Administrator
Bulk Item: Yes No X Staff Contact Person/Phone #: Debbie Frederick #4741
AGENDA ITEM WORDING: Approval of Interlocal Agreement (ILA) among Broward, Martin, Miami -
Dade, Monroe and Palm Beach Counties relating to South Florida Cultural Consortium. The ILA formalizes the
longstanding relationship between the counties, whose purpose is to enhance, encourage and to fund public
expenditures in support of arts and culture between the counties.
ITEM BACKGROUND: The term of the ILA is thirty (30) years. BOCC may terminate with 90 days notice
but must complete any financial and programmatic commitments previously adopted in that year. The five
counties have long cooperated on various artistic and cultural projects. This ILA will formalize the existing
relationship, consisting of a Consortium composed of a volunteer board. Each county designates a member of
the Consortium who serves without compensation. Under the ILA the Consortium shall create an annual budget,
which is subject to BOCC approval and the Consortium shall not spend or commit more funds that it has not
received; it shall have the ability to sue or be sued in its own name, and it shall bear all liabilities incurred due to
its acts. The County member of the Consortium shall submit an annual budget request to the BOCC for its
Consortium -related expenses pertaining to operating and capital expenditures, which budget shall be
implemented upon BOCC approval. Audits are conducted, attached is a copy of 2011-2012 final budget and the
County Attorney of Miami- Dade will do the legal work.
PREVIOUS RELEVANT BOCC ACTION: The BOCC passed former Resolution No 083-1985 and
Resolution approving an ILA among Broward County, Monroe County, Palm Beach County and Dade County
relating to the creation of the South Florida Cultural Consortium, and Resolution 403 — 1989 authorizing the
mayor to execute an amendment to the agreement to the creation of the South Florida Cultural Consortium. It is
clear that the Resolutions passed but a copy of the signed documents have not been located. This new agreement
will clear up the issue and allow the ELA to move forward.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: None
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: unknown, -0- in the past SOURCE OF FUNDS: ul
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
el
APPROVED BY: County Atty _ 0 OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: S. Florida Cultural Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Interlocal Agreement with Broward, Dade, Martin and Palm Beach Counties regarding
South Florida Cultural Consortium, in the past this agreement did not cost the County cash, it
was all in -kind match. Under the agreement BOCC would approve funding annually. Prior
representation was through Florida Keys Council for the Arts.
Contract Manager:
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on April 17, 2013 Agenda Deadline: April 2, 2013
CONTRACT COSTS
Total Dollar Value of Contract: $ unknown Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: - - -
Grant: $ - - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitoria
CONTRACT REVIEW
Changes Date Out
D e Needed eview r
Division Director / Yes[[:] No
Risk Management Yes❑ No2l/
O.M.B./Purchasing q -► -1 $ Yes❑ No
County Attorney_ -0/3 Yes❑ NoN c3
I Comments:
OMB Form Revised 2/27/01 MCP #2
INTERLOCAL AGREEMENT AMONG
BROWARD COUNTY, MARTIN COUNTY, MIAMI-DADE COUNTY,
MONROE COUNTY AND PALM BEACH COUNTY
RELATING TO THE
SOUTH FLORIDA CULTURAL CONSORTIUM
THIS INTERLOCAL AGREEMENT ("Agreement"), entered into this day of
,20 among Broward County, Martin County, Miami -Dade County, Monroe County,
and Palm Beach County.
WHEREAS, Broward County, Miami -Dade County, Monroe County and Palm Beach County
began working together as a regional cultural consortium for specific activities known as The South
Florida Cultural Consortium under an Interlocal Agreement dated April 16, 1985, as approved by the
respective Boards of County Commissioners of such Counties; and
WHEREAS, Broward County, Martin County, Miami -Dade County, Monroe County, and Palm
Beach County (collectively "Parties" and individually "Party") desire to continue to work together as a
regional cultural consortium for specific activities as provided for by Section 163.01, Florida Statutes (as
amended); and
WHEREAS, Section 163.01, Florida Statutes (as amended), also provides the authorization for
the creation of a separate entity by means of an interlocal agreement; and
WHEREAS, pursuant to the initial Interlocal Agreement established through resolutions adopted
by Monroe County (Resolution No. 083-1985 dated March 20, 1985), Broward County (Resolution No.
85-796 dated March 26, 1985), Palm Beach County (Resolution No. R-85-547 dated April 2, 1985) and
an ordinance adopted by Miami -Dade County (Ordinance No. 85-26 and accompanying Resolution No.
R-488-85 dated April 16, 1985) the South Florida Cultural Consortium was created, and amended
pursuant to subsequent action by Miami -Dade County (Resolution Nos. R-1457-87, R-1216-88, R-1201-
90 and R-86-93), Broward County (by action on January 26, 1988, and subsequent action on November
10, 1992, ref. Agenda Item 44B), Monroe County (Resolution No. 403-1989), Palm Beach County
(Resolutions No. R-89-570 and No. R-92-13550) and Martin County (Section 16-4(D)la of the Martin
County Comprehensive Growth Management Plan); and
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WHEREAS, the Parties desire to enter into this Agreement for a period of thirty (30) years
commencing on the date of complete execution by all Parties, with automatic successive one-year
renewals thereafter until terminated in accordance with the terms of this Agreement,
NOW THEREFORE, the Parties, in consideration of the mutual promises and covenants set forth
herein, agree as follows:
1. CONTINUATION OF CONSORTIUM: There is hereby authorized to continue to operate,
pursuant to Section 163.01, Florida Statutes (as amended from time to time), a separate entity to be
known as The South Florida Cultural Consortium (hereinafter "Consortium").
2. PURPOSE OF AGREEMENT: The purpose of this Agreement shall be to continue the formal
process for inter -county cooperation for enhancement, encouragement and public expenditures in
support of culture and the arts within the counties which are members of the Consortium and with
such other government or other entities with which these counties may in the future contract.
3. TERM AND TERMINATION: This Agreement shall be in effect for a period of thirty (30) years
commencing on the date of complete execution by all Parties, with automatic successive one-year
renewals until terminated in accordance with the terms of this Agreement. The Parties agree that
the "Effective Date" of this Agreement shall be the date of complete execution by all Parties. Any
Party may withdraw from this Agreement commencing on any October I" by giving written notice
to the other parties by the immediately preceding July lt. If a majority of the Parties withdraws
within the same one-year period, this Agreement shall be deemed terminated on September 30 of
such year. Any Party may terminate its participation in this agreement at a date effective prior to
the end of the fiscal year (as defined in Paragraph 7 below) by providing written notice to the other
parties at least ninety (90) calendar days prior to the effective date of termination, and must fulfill
all .of its financial and programmatic commitments as previously adopted and approved by the
Consortium and already encumbered at the time of the notice of termination. On the Effective Date,
this Agreement automatically replaces and supersedes all other Interlocal agreements for this same
purpose that may be in place through prior actions by the Parties.
4. MEMBERSHIP: The membership of the Consortium shall be composed of the volunteer board
chairperson of each County's cultural agency responsible for matters relating to culture and the arts
and the professional staff director of each County cultural agency or such other citizens' council
professional staff member as the County Manager or County Administrator for each respective
county may designate in advance in writing. Members shall serve without compensation but may
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be reimbursed from Consortium funds for actual authorized expenses incurred in the discharge of
their duties as provided in Paragraph 6 below, in accordance with F.S. 112.061 (as amended from
time to time).
5. MEETINGS: The Consortium will meet no less frequently than two (2) times per year and
otherwise as may be called by the Chair of the Consortium. The Consortium shall annually elect a
Chair from among the members who are professional staff directors. In the event the Chair of the
Consortium resigns, is terminated from his or her employment, or resigns his or her position, a new
election shall be held as soon as practicable, but in no event more than one hundred eighty (180)
calendar days after the effective date of such resignation or termination. Each member shall have
one vote and a member must be present to exercise that vote. A quorum shall consist of at least one
member from at least three counties' designated cultural agencies. Matters, except as noted in
Paragraph 6 below, shall be determined by a majority vote at a duly constituted meeting. A matter
may be reconsidered at the same meeting at which it was initially decided or at the next meeting of
the Consortium, under the condition that the motion to reconsider must be offered by a member who
voted with the majority at the initial determination. All meetings of the Consortium shall comply
with the requirements of the Florida Government in the Sunshine Law, as amended from time to
time.
6. POWERS OF THE CONSORTIUM: The Consortium shall have the following powers which
may be exercised without further approval of the Parties: a) to seek and accept, in the Consortium's
name, federal, state, local or private gifts, grants, assistance, funds and bequests in the furtherance
of its purposes; b) to enter into contracts for commodities, goods and services; c) to expend or carry
over budgeted sums to the succeeding fiscal year, provided that all expenditures shall be in
accordance with federal regulations, state law and Charter, and procedures of the fiscal and
administrative agent, and further'provided that where those procedures require action by the Board
of County Commissioners, then action by the Consortium shall be required in lieu thereof, and
where those procedures require action by the County Manager or County Administrator, then action
by the Chair of the Consortium shall be required in lieu thereof; d) to grant funds in accordance
with a formal program or programs which it shall develop; and e) to acquire, operate, maintain,
lease or sell any personal property subject to grant or other restrictions. The Consortium shall not
expend or commit more funds in any fiscal year than it has received. The Consortium shall sue and
be sued only in its own name. The Consortium shall solely bear all liabilities incurred as a result of
formal Consortium acts and for which the Consortium is found to be liable after an appropriate
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court's entry of a final judgment and the expiration of any appeals, and provided that nothing herein
shall act as a waiver of sovereign immunity for the Consortium or for any Party hereto.
7. FISCAL YEAR: The Consortium shall maintain a "fiscal year," which begins on October 1 of each
year and ends September 30t' of the following year. For each fiscal year, each Consortium member
shall submit to its respective governing boards of directors, and Board of County Commissioners
for those Parties that are wholly public agencies, a budget request for its Consortium -related
expenses pertaining to operating and capital expenditures, which request shall not be implemented
until approved by its respective board(s). The Consortium budget shall be prepared in conjunction
with the formal requests of the appropriate cultural agencies, councils and/or departments on
official budget forms by each of the Parties for its respective County Manager or County
Administrator, or its appropriate governing authority.
8. ANNUAL FINANCIAL AND AUDIT REPORT: Each designated Consortium member agency
may subunit to its respective Board of County Commissioners an annual financial report and/or
annual audit prepared by the fiscal and administrative agent and reviewed by a finance officer of the
agent's county, who is not a member of the Consortium. Annual reports shall consist of (a) a
balance sheet; (b) a statement of revenues and expenditures; and (c) a statement of changes in fund
balance. The annual report and audit for the preceding fiscal year shall be available for submission
to the County Managers or County Administrators by June 30t' of the following fiscal year, or upon
annual publication and issuance by the respective finance or budget department of the fiscal and
administrative agent's county.
9. ANNUAL FINANCIAL COMMITMENTS: Unless a Party withdraws from this Agreement as
provided in Paragraph 3 above, each Party or its designated cultural agency shall contribute an
amount each fiscal year as stated on the Consortiums approved budget to fulfill its share of the cash
and in -kind match requirements of any federal, state, local or private grant funding that is obtained,
subject to prior approval of the budget as stated in Paragraph 7 above. Each of the cultural agency
members of the Consortium shall, on behalf of the Consortium, submit to its respective governing
boards of directors, and Board of County Commissioners for those Parties that are wholly public
agencies, a Consortium budget request pertaining to private and/or local government revenues
needed for operating and capital expenditures, which request shall not be implemented until
approved by the respective Boards, as outlined in Paragraph 7 above. Each Party, or its designated
cultural agency, shall convey its approved contribution to the fiscal agent to be held in a segregated
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fund/project until encumbered for expenditure by formal action of the Consortium, and duly
expended to satisfy a financial obligation of the Consortium. Local match contributions and
secured outside grant funds shall be divided each fiscal year to each Party through programs or
services directly benefiting each Party, as determined by formal action of the Consortium. The
Consortium and the Parties acknowledge and agree that adequate funds to satisfy all financial
obligations and all other obligations to each other or any other party relating to the Consortium
arising through the period ending on the date immediately preceding the Effective Date of this
Agreement, have been encumbered and/or satisfied by such date.
10. DESIGNATION OF FISCAL AND ADMINISTRATIVE AGENT(S): The Parties designate
Miami -Dade County as the fiscal and administrative agent(s) for the Consortium until such time as
the Parties shall designate in writing another Party to serve as either or both the fiscal and
administrative agent for the Consortium. All sums due to the Consortium from any source (except
the contributions of the Parties) shall be paid directly to the Consortium and reported in writing to
the fiscal and administrative agent. No expenditure shall be made without formal authorization
from the Consortium in accordance with the procedures, which it shall adopt, which procedures
shall comply with grant guidelines or other requirements for such expenditures. Documentation of
all expenditures associated with contributions of the Parties shall be maintained by each Party and
provided to the fiscal and administrative agent within forty-five (45) calendar days after such
expenditures by such Party. Any grant funds or other contributed funds required to be paid back as
the result of an audit shall be borne solely by the Consortium and, if necessary to amass sufficient
cash to issue the reimbursement, shall be paid, in accordance with a repayment plan determined by
formal action of the Consortium, by the Parties within thirty (30) calendar days after receipt by such
Party of the request to pay back the funds, subject to such Party's prior receipt of a copy of the audit
requiring such reimbursement.
11. EXECUTION OF AGREEMENTS: All contracts, leases and expenditures shall be formally
approved by the Consortium and signed by the Chair of the Consortium and the administrative and
fiscal agent for the Consortium and, as to contracts and/or leases, shall also be signed by an attorney
from the County Attorney's office of the Consortium's designated administrative agent, as noted in
Paragraph 14 below.
Page 5 of 16
12. DEBT INSTRUMENTS: The Consortium shall not borrow funds or issue debt instruments without
the expressed prior written authorization of each of the Parties hereto, issued in compliance with
State law.
13. PROVISION OF SERVICES: Employees of the Parties shall reasonably cooperate with the
Consortium and shall provide such in-house services as may be available as determined in the sole
discretion of the respective Party. The Consortium may engage such consultants and other service
providers, as it deems necessary, and shall be solely responsible for entering into applicable written
Agreements and paying for such services.
14. LEGAL COUNSEL: The Miami -Dade County Attorney shall furnish legal advice and
representation to the Consortium at no cost. All contracts and leases to be considered by the
Consortium must have been approved in writing by the Miami -Dade County Attorney's Office for
form and legal sufficiency before Consortium action. A copy of all executed contracts and leases
shall be forwarded to the Parties, who are responsible for forwarding them, in turn, to their
respective County Attorneys, if necessary.
15. POLICIES AND PROCEDURES: The Consortium shall adhere to the administrative and fiscal
agent's written policies and procedures relating to the acquisition of goods and services. The
Consortium shall establish in writing uniform rates for the services it provides (or may provide) or
literature it sells (or may sell). The Consortium shall establish in writing, through action of the
Consortium's members, such rules and regulations as may be necessary in the conduct of its
business.
16. DISPOSITION OF PROPERTY: At the complete termination of this Agreement by all Parties as
stated in Paragraph 3 above, all property then held by the Consortium or in which the Consortium
has an interest shall be evaluated and distributed among the Parties or sold at public auction and the
proceeds distributed proportionately to the Parties, based on each Party's history of contributions in
support of Consortium activities and as determined by formal action of the Consortium. Property
purchased with grant funds shall be disposed of in accordance with the grant guidelines and
applicable regulations.
17. SHARING OF PROPERTY: At the complete termination of this Agreement by all Parties, as
stated in Paragraph 3 above, each Party is entitled to a proportionate share, based on its history of
contributions in support of Consortium activities, of all property (or the proceeds thereof) acquired
by the Consortium or in which the Consortium has an interest. Any Party terminating its
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participation prior to the termination date fixed by this Agreement in Paragraph 3 above, as it may
be automatically renewed from time to time, shall not be entitled to any share of any property or the
proceeds thereof nor be responsible for any liabilities after the effective date of such Party's
termination.
18. INSURANCE FOR CONSORTIUM: Throughout the period that Miami -Dade County is the
designated fiscal and administrative agent, the Consortium is covered by Miami -Dade County's
self-insurance program. If preferred, the Consortium may, through action of the Consortium
members, purchase additional and/or alternative insurance protection.
19. REPORTING ACTIVITIES: Each year during the term of this Agreement, each member of the
Consortium shall report to its respective governing boards of directors, and Board of County
Commissioners for those Parties that are wholly public agencies, as to the most recently completed
and proposed fiscal year's activities of the Consortium, on a schedule compliant with the reporting
requirements as determined by each respective Parry.
20. EXECUTIVE COMMITTEE: The Consortium may delegate to its executive committee any and
all of the business of the Consortium. The executive committee shall be composed of the Chair of
the Consortium and the other professional staff director members of the Consortium. The executive
committee shall meet no less frequently than two (2) times during each calendar year. A quorum of
the executive committee shall be three (3) members, and the Chair of the Consortium will chair the
executive committee. All meetings of the executive committee shall comply with the requirements
of the Florida Government in the Sunshine Law, as amended from time to time.
21. JURISDICTION, VENUE, WAIVER OF JURY TRIAL: This Agreement shall be interpreted
and construed in accordance with and governed by the laws of the state of Florida. Jurisdiction of
any controversies or legal problems arising out of this Agreement, and any action involving the
enforcement or interpretation of any rights hereunder, shall be in an appropriate state court pursuant
to State law. Venue for any actions, claims, and litigation shall be in either Broward County,
Martin County, Miami -Dade County, Monroe County or Palm Beach County.
22. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and approved by each of the respective governing boards of directors,
and Board of County Commissioners for those Parties that are wholly public agencies, and executed
by the authorized representatives of each of the Parties hereto.
Page 7 of 16
23. PRIOR AGREEMENTS: This document represents the final and complete understanding of the
Parties and incorporates or supersedes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained herein. The Parties agree that
there is no commitment, agreement, or understanding concerning the subject matter of this
Agreement that is not contained in this written document. Accordingly, the Parties agree that no
deviation from the terms hereof shall be predicated upon any prior representation or agreement,
whether oral or written.
24. INDEMNIFICATION AND HOLD HARMLESS: Subject to Florida's laws as may be amended
from time to time, the Parties shall indemnify and hold harmless each Party, its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees
and costs of defense, which the Parry or its officers, employees, agents or instrumentalities incur as
a result of the negligent performance of the Agreement by the Party found to be at fault or its
employees, agents, servants, partners, principals or subcontractors. This indemnification shall only
be to the extent and within the limitations of Section 768.28 Florida Statutes and as may be
amended from time to time, including the provisions of the Statute whereby the Party shall not be
held liable to pay a personal injury or property damage claim or judgment by any one person which
exceeds the sum stated in the mentioned statute section, or any claim or judgment or portions
thereof, which when totaled with all other claims or judgments paid by the Party arising out of the
same incident or occurrence, exceed the sum stated in the mentioned statute section from any and
all personal injury or property damage claims, liabilities, losses or causes of action which may arise
as a result of the negligence of the Parry.
The Parties hereto acknowledge that Broward County, Martin County, Miami -Dade County,
Monroe County and Palm Beach County are self -insured governmental entities that are subject to
the limitations of Section 768.28, Florida Statutes and as may be amended from time to time. Each
of these entities agrees that it has instituted and maintains a fiscally sound and prudent risk
management program with regard to its obligations under this Agreement in accordance with the
provisions of Section 768.28 Florida Statutes, as may be amended from time to time, including
Worker's Compensation in accordance with Chapter 440, Florida Statutes, as may be amended from
time to time, including Employer's liability with a minimum of $100,000.
25. AUDIT RIGHT AND RETENTION OF RECORDS: Each Party shall have the right to audit the
books, records, and accounts of the Consortium and the appropriate designated fiscal and/or
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administrative agent(s) that are related to this Agreement. The Consortium and the appropriate
designated fiscal and/or administrative agent(s) shall keep such books, records, and accounts as may
be necessary in order to record complete and correct entries related to the Agreement. All books,
records, and accounts of the Consortium (and the appropriate designated fiscal and/or administrative
agent(s) related to this Agreement) shall be kept in written form, or in a form capable of conversion
into written form within a reasonable time, and upon request to do so, the Consortium and the
appropriate designated fiscal and/or administrative agent(s) shall make same available at no cost to
any of the Parties in written form within a reasonable time of any such request.
The Consortium and the appropriate designated fiscal and/or administrative agent(s) shall preserve
and make available, at reasonable times for examination and audit by any of the Parties, all financial
records, supporting documents, statistical records, and any other documents pertinent to this
Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla.
Stat., as amended from time to time), if applicable, or, if the Florida Public Records Act is not
applicable, for a minimum period of three (3) years after complete termination of this Agreement.
If any audit has been initiated and audit findings have not been resolved at the end of the retention
period or such three (3) year period, whichever is longer, the books, records, and accounts shall be
retained until resolution of the audit findings. The Consortium and the appropriate designated fiscal
and/or administrative agent(s) shall comply with all requirements of the Florida Public Records Act;
however, no confidentiality or non -disclosure requirement of either federal or state law shall be
violated by the Consortium and the appropriate designated fiscal and/or administrative agent(s).
Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for each
Party's (excluding the appropriate designated fiscal and/or administrative agent(s)'s) disallowance
and recovery of any payment related to such entry.
26. COMPLIANCE WITH LAWS: Each Party shall comply with all applicable federal, state, and
local laws, codes, ordinances, rules, and regulations, as may be amended from time to time, in
performing its duties, responsibilities, and obligations pursuant to this Agreement.
27. INCORPORATION BY REFERENCE: The truth and accuracy of each "Whereas" clause set
forth above are acknowledged by the Parties.
28. REPRESENTATION OF AUTHORITY: Each individual executing this Agreement on behalf of
a Party hereto does hereby represent and warrant that he or she is, on the date he or she signs this
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Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on
behalf of such Party.
29. MULTIPLE ORIGINALS: Multiple copies of this Agreement may be executed by all parties,
each of which, bearing original signatures, shall have the force and effect of an original document.
30. NOTICES: Whenever any Party desires to give notice to the other Part(ies), such notice must be in
writing, sent by certified United States Mail, return receipt requested, or by hand delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is
intended at the place last specified, and simultaneously addressed and similarly transmitted to the
designated fiscal and administrative agent(s) for the Consortium at the place(s) last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing in the
manner provided in this section. For the present, the Parties designate the following:
FOR BROWARD COUNTY:
Ms. Mary Becht, Director
Broward Cultural Division
100 S. Andrews Avenue, 61h Floor
Fort Lauderdale, Florida 33301
FOR MARTIN COUNTY:
Ms. Nancy Turrell, Director
Arts Council of Stuart and Martin County
80 East Ocean Boulevard
Stuart, Florida 34994-2234
FOR MIAMI-DADE COUNTY:
Mr. Michael Spring, Director
Miami -Dade County Department of Cultural Affairs
111 NW First Street, Suite #625
Miami, Florida 33128
FOR MONROE COUNTY:
Ms. Elizabeth Young, Director
Florida Keys Council of the Arts
1100 Simonton Street
Key West, Florida 33040
FOR PALM BEACH COUNTY:
Ms. Rena Blades, President & CEO
Palm Beach County Cultural Council
1555 Palm Beach Lakes Blvd., #300
West Palm Beach, Florida 33401
Page 10 of 16
Each party may change the name, title, and addresses of its representatives named in Paragraph 30
herein using the notices and procedures stated in Paragraph 30 herein.
31. MISCELLANEOUS:
31.1 DOCUMENTS RETENTION: Any and all reports, photographs, surveys, and other
data and documents provided or created in connection with this Agreement are and shall
remain the custodial responsibility of the appropriate designated fiscal and/or
administrative agent on behalf of the Consortium. In the event of termination of this
Agreement by any Party, copies of any reports, photographs, surveys, and other data and
documents prepared by any of the Parties hereto, whether finished or unfinished, shall be
delivered by such Part(ies) to the appropriate designated fiscal and/or administrative
agent within seven (7) calendar days after termination of this Agreement. Such records
shall be maintained in a readily accessible location for a period of at least three (3) years,
and not more than five (5) years after complete termination of this Agreement, unless a
longer period of time is required by law. Any compensation or payment due to any such
terminating Party shall be withheld until all documents are received by the appropriate
designated fiscal and/or administrative agent as provided herein.
31.2 INDEPENDENT CONTRACTOR: Each Party is an independent contractor under this
Agreement. Services provided by each Party pursuant to this Agreement shall be subject
to the supervision of that Party. In providing such services, none of the Parties or its
agents shall act as officers, employees, or agents of the other Part(ies). No partnership,
joint venture, or other joint relationship is created hereby. Each Party does not extend to
the other Part(ies) or such Part(ies)'s agents any authority of any kind to bind the other
Part(ies) in any respect whatsoever. The Miami -Dade County Attorney and the fiscal
and/or administrative agent(s) are only authorized to act on behalf of the Consortium as a
separate legal entity, except as otherwise specifically authorized.
31.3 THIRD PARTY BENEFICIARIES: None of the Part(ies) intends to directly or
substantially benefit a third party by this Agreement. Therefore, the Parties agree that
there are no third party beneficiaries to this Agreement and that no third party shall be
entitled to assert a right or claim against any of them based upon this Agreement.
Page 11 of 16
31.4 ASSIGNMENT AND PERFORMANCE: Neither this Agreement nor any interest
herein shall be assigned, transferred, or encumbered by any Party. In addition, any
responsible Party shall not subcontract any portion of the work required by this
Agreement, except as authorized by this Agreement.
31.4.1 Each Party represents that each person who will render services on that Party's
behalf pursuant to this Agreement is duly qualified to perform such services by all
appropriate governmental authorities, where required, and that such person is
reasonably experienced and skilled in the area(s) for which he or she will render
his or her services.
31.4.2 Each Party shall perform its duties, obligations, and services under this
Agreement in a skillful and respectable manner. The quality of each Party's
performance and all products and services provided to, or on behalf of, the other
Parties shall be comparable to the best local and national standards.
31.5 MATERIALITY AND WAIVER OF BREACH: Each Party agrees that each
requirement, duty, and obligation set forth herein is substantial and important to the
formation of this Agreement and, therefore, is a material term hereof.
Any Party's failure to enforce any provision of this Agreement shall not be deemed a
waiver of such provision or modification of this Agreement by such Party. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
31.6 SEVERANCE: In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless any of the Parties elects, in writing, to terminate this Agreement. An
election to terminate this Agreement based upon this provision shall be made within
seven (7) calendar days after the finding by the court becomes final.
31.7 JOINT PREPARATION: Each Party acknowledges and agrees that it has sought and
received whatever competent advice and counsel necessary for it to form a full and
complete understanding of all rights and obligations herein and that the preparation of
this Agreement has been the joint effort of each Party. The language agreed to expresses
Page 12 of 16
the mutual intent of all Parties and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against any one of the Parties relative to
any of the others.
31.8 PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document
or events referred to herein, or any document incorporated into this Agreement by
reference and a term, statement, requirement, or provision of Articles 1 through 31 of this
Agreement, the term, statement, requirement, or provision contained in Articles 1 through
31 shall prevail and be given effect.
31.9 CONFLICTS: None of the Parties, nor any of their employees shall have or hold any
continuing or frequently recurring employment or contractual relationship that is
substantially antagonistic or incompatible with such Party's loyal and conscientious
exercise of judgment and care related to its performance under this Agreement.
31.9.1 Each Party further agrees that none of its officers or employees shall, during the
term of this Agreement, serve as an expert witness against the other Parties in any
legal or administrative proceeding related to the Consortium, its activities or the
performance of Consortium services, in which he, she, or such Party is not a
party, unless compelled by court process. Further, each Party agrees that such
persons shall not give sworn testimony or issue a report or writing, as an
expression of his or her expert opinion, which is adverse or prejudicial to the
interests of any of the other Parties in connection with any such pending or
threatened legal or administrative proceeding related to the Consortium, its
activities or the performance of Consortium services, unless compelled by court
process. The limitations of this section shall not preclude any Party or any
persons in anyway from representing themselves as individuals, including giving
expert testimony in support thereof, in any action or in any administrative or legal
proceeding related or unrelated to the Consortium, its activities or the
performance of Consortium services.
31.9.2 In the event any of the Parties is permitted pursuant to this Agreement to utilize
subcontractors to perform any services required by this Agreement, such Party
Page 13 of 16
agrees to require such subcontractors, by written contract, to comply with the
provisions of this section to the same extent as such Party.
31.10 NO INTEREST: Unless required by any of the Parties' Ordinances or applicable laws,
any funds that are the subject of a dispute regarding this Agreement that are not paid by
the appropriate designated fiscal and/or administrative agent to the appropriate Party
when claimed to be due shall not be subject to interest during the period of such dispute.
All requirements inconsistent with this provision are hereby waived by each Party.
(The remainder of this page is intentionally left blank.)
Page 14 of 16
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INTERLOCAL AGREEMENT AMONG BROWARD COUNTY, MARTIN COUNTY, MIAMI-
DADE COUNTY, MONROE COUNTY AND PALM BEACH COUNTY RELATING TO THE
SOUTH FLORIDA CULTURAL CONSORTIUM:
ATTEST: BROWARD COUNTY, by and through its
BOARD OF COUNTY COMMISSIONERS
Broward County Administrator, as
Ex-Officio Clerk of the Broward County
Board of County Commissioners
(SEAL)
Clerk, Martin County Commission
(SEAL)
Jerk of the Board of County Commissioners
iami-Dade County, Florida
SEAL)
D
0
Clerk, Monroe County Commission
(SEAL)
Sharon R. Bock, Clerk & Comptroller
Balm Beach CgUnVA,�„�
Y CO�`''��,
Qlerk, Palm Bea §0untyL(6Wjahs
(SEAL) Deputy
IM
Mayor
On the day of
20 _
MARTIN COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
County Administrator
On the day of
MIAMI-DADE COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
On the day of , 20
IM
Mayor
MONROE COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
Mayor
On the day of , 20
11 08 34
PAL B ACH COUNTY, FLORIDA, BY ITS
BOA OF =TY MISSIONERS
Y
c 'r Karen T, Marcus
On the day of JUN p 7 201t0
Page 15 of 16
Approved for form and legal sufficiency:
Martin County Attorney
Monroe County Attorney
Broward County Attorney's Office:
Assistant County Attorney
Miami -Dade County Attorney
Palm Beach County Jy
Page 16 of 16
THE SOUTH FLORIDA CULTURAL CONSORTIUM
Broward Cultural Division.
Florida Keys Council of the Arts
100 South Andrews Avenue, 6th Floor
1100 Simonton Street
Fort Lauderdale, Florida 33301
Key West, Florida 33040
954.357.7457 (phone) / 954.357.5769 (fax)
305.295.4369 (phone) 1305.295.4372 (fax)
website: www.broward.org/arts
website: www.kevsarts.com
Miami -Dade County Department of Cultural Affairs
Arts Council of Stuart & Martin County
Cultural Council of Palm Beach County
111 NW First Street, Suite 625
80 East Ocean Boulevard
601 Lake Avenue
Miami, Florida 33128-1964
Stuart, Florida 34994-2234
Lake Worth, Florida 33460
305375.4634 (phone) / 305.375.3068 (fax)
772.287.6676 (phone) / 772.288.5301(fax)
561.471.2901(phone) / 561.687.9484 (fax)
website: www.miamidadearts.ore
website: www.martinarts.org
ivebsite: www.paimbeachetiltut-c.com
August 29, 2012
TO: All Members
South Florida Cultural Consortium
DFROM: Deborah Margol, Deputy Director
Miami -Dade County Department of Cultural Affair
SUBJECT: Year-end Final Report FY2011-12 Activities and Final (Actuals) Budget
Attached for your files and reference is a copy of the SFCC's Final Report. Please note that contained within
this paperwork are the following important reports that many of you require as part of your annual
reporting to your Boards of Directors and/or County Commissions:
1. SFCC Activities Report for 2011-2012
2. SFCC Financial Report for 201.1.-201.2
Thank you.
Broward Cultural Division Florida Keys Council of the Arts
100 South Andrews Avenue, 6th Floor . 1100 Simonton Street
Fort Lauderdale, Florida 33301 Key West, Florida 33040
954.357.7457 (phone) / 954.357.5769 (fax). 305.295.4369 (phone) / 305.295.4372 (fax)
website: wvvw.broward.org/arts website: wwzv.kevsarts.com
Miami -Dade County Department of Cultural Affairs Arts Council of Stuart & Martin County Cultural Council of Palm Beach County
111 NW First Street, Suite 625 80 East Ocean Boulevard 601 Lake Avenue
Miami, Florida 33128-1964 Stuart, Florida 34994-2234 Lake Worth, Florida 33460
305.375.4634 (phone) / 305.375.3068 (fax) 772.287.6676 (phone) / 772.288.5301 (fax) 561.471.2901(phone) / 561.687.9484 (fax)
website: www.miamidadearts.ore website: ww•w.marfinarts.ore website: www.uaimbeacbeulture.eom
SOUTH FLORIDA CULTURAL CONSORTIUM ACTIVITIES REPORT 2011-2012
The South Florida Cultural Consortium (SFCC) accomplished the following activities and programs in
FY 2011-2012:
A. REGIONAL MARKETING, OUTREACH AND PROFESSIONAL DEVELOPMENT
1) Innovative Partnership for Regional Development — US Department of Housing and Urban
Development's (US HUD) Sustainable Communities Planning Grants Program: The SFCC is a
"Consortium Partner" of the Southeast Florida Regional Partnership's (SFRP) HUD Sustainable
Communities Regional Planning Grant. SFCC Chairman/Miami-Dade County Department of Cultural
Affairs Director Michael Spring serves on the Sustainable Communities Executive Committee, and he
and other SFCC members and staff participate regularly in planning meetings, including the "Regional
Summit: The State of the Region," held in Delray Beach on June 27, 2012. The SFCC remains
actively engaged as a key partner in the development if the SFRP Sustainable Communities
"Seven50 - Vision and Blueprint for Economic Prosperity" workplan, incorporating the arts into each
its defined major focus areas: Housing, Transportation, Community cultural assets, Water,
Environment, Climate resiliency, Education, Healthy communities and inclusive regional leadership.
2) Voices and Venues: The SFCC maintained its a-zine "Voices and Venues," a bi-monthly
regional electronic newsletter for artists and cultural organizations of all disciplines. The Palm Beach
County Cultural Council coordinates the e-newsletter, with information contributed by the other SFCC
member counties.
3) Theatre League of South Florida: Through the auspices of the Miami -Dade County Department
of Cultural Affairs, the SFCC provided significant technical and financial assistance to the Theatre
League of South Florida, the only service organization for the theater industry in the region. The
Theatre League is an alliance of theatrical organizations and theater professionals dedicated to
nurturing, promoting, and advocating for the growth and prestige of the South Florida theater industry.
4) Regional Budget Advocacy and the Florida Cultural Arts Alliance (FCAA): The SFCC
reinforced its role as advocate for strong arts policy and funding throughout the state through its
leadership -level membership in the Florida Cultural Arts Alliance. SFCC Board members continue to
serve as officers in the statewide FCAA.
5) The Carbonell Awards: The SFCC provided leadership through representation on the board and
financial assistance to The Carbonell Awards, the regional non-profit that annually recognizes and
honors excellence in theater and the arts. The Carbonell Awards, established in 1976, celebrates the
extraordinary work of theatrical professionals in South Florida, and furthers the development of the
next generation of working theater artists in our community.
SOUTH FLORIDA CULTURAL CONSORTIUM ACTIVITIES REPORT 2011-2012 Page 1 of 3
B. VISUAL AND MEDIA ARTISTS FELLOWSHIPS.
1) 2012 Winners & Judges: The SFCC awarded $150,000 in fellowships to 11 individual artists in
Broward, Miami -Dade, Monroe and Palm Beach counties. A two-step jurying process was employed
to adjudicate artists' works, first by a regional panel, with finalists being selected by a national panel
through a competitive process. 312 applications were submitted, including 82 from Broward County
artists, 6 from Martin County artists, 154 from Miami -Dade County artists, 23 from Monroe County
artists, and 47 from Palm Beach County artists. The 2012 regional panel was comprised of Cheryl
Brutvan, Curator of Contemporary Art, Norton Museum of Art, Palm Beach County; Kathleen
Carignan, Former Executive Director, LegalArt, Miami -Dade County; Denise Gerson, Former
Associate Director, Lowe Museum of Art, Miami -Dade County; Jane Hart, Curator, Art and Culture
Center of Hollywood, Broward County; Kristin Korolowicz, Knight Curatorial Fellow, Bass Museum of
Art, Miami -Dade County; and Cristina Lei Rodriguez, 2011 SFCC Recipient, Miami -Dade County.
The national panel consisted of: Claire Breukel, Independent Curator, New York, NY; Omar Lopez-
Chahoud, Independent Curator, New York, NY; and Simon Vega, Visual Artist, San Salvador, El
Salvador. Recipients of the awards were: from Miami -Dade County, Domingo Castillo, performance
and conceptual artist ($15,000); Clifton Childree, filmmaker ($15,000); Jiae Hwang, mixed media
artist ($7,500); Nicolas Lobo, installation and multidisciplinary artist ($15,000); Ernesto Oroza,
installation artist ($7,500); and Tom Scicluna, sculptor ($15,000); from Broward County, Eric Landes,
photographer ($15,000); Mark Moorman, filmmaker ($15,000); and John Sanchez, painter ($15,000);
from Palm Beach County, Phillip Estlund, sculptor and painter ($15,000); and from Monroe County,
Nellie Appleby, installation artist - ($15,000).
2) Exhibition and Catalogue: The annual exhibition of works by fellowship winners is scheduled to
be held at the University Galleries, Florida Atlantic University, 777 Glades Road, Boca Raton, FL from
September 22 — December 15, 2012. Recipients of the fellowships will be honored at the opening
reception. This continues to be an essential feature of the Fellowships program, enabling South
Florida artists to be shown in major exhibitions in the flagship visual arts institutions throughout the
region. The annual exhibitions rotate across the counties, being hosted in a different County's major
museum each year. As has been the practice every year since the Fellowships program's inception,
a catalogue of the winners is being published and distributed specifically for the show.
3) Applicant Workshops: Technical assistance to applicants was provided through a series of
application preparation workshops led by Brandi Reddick, Communications and Artists Manager for
the Art in Public Places Program of the Miami -Dade County Department of Cultural Affairs. For
FY2012, workshops occurred as follows: August 18, 2011 — Gato Building in Monroe County;
September 7, 2011 — ArtServe in Broward County; September 13, 2011 — LegalArt in Miami -Dade
County; and September 14, 2011 — Lighthouse Art Center in Palm Beach County.
C. REGIONAL ARTS IN EDUCATION INITIATIVES
1) Regional Teaching Artists Certification Initiative: The SFCC continued to advance its initiative
to establish a Regional Certification Program for Teaching Artists with the objective of creating
standards, parameters and/or curricula for certification that are common among the five counties.
Regional certification would serve to elevate the quality and professionalism of South Florida's
teaching artists, provide more employment opportunities and improve communities' arts education
programs through the region. The SFCC drafted and issued a Request for Proposals for Professional
Arts Education Services to develop a Regional Teaching Artists Certification Program the deliverables
of which include: conducting research on regional, national and international models and soliciting
input from regional stakeholders including teaching artists, non-profit cultural organizations, local arts
agencies, teaching artist service organizations and umbrella groups, educators, school system
SOUTH FLORIDA CULTURAL CONSORTIUM ACTIVITIES REPORT 2011-2012 Page 2 of 3
representatives and administrators and universities; creating a curriculum blueprint outlining
coursework and equivalencies required for certification; developing a community -based residency
component as a key part of the curriculum; and identifying, cultivating and prioritizing with key
stakeholders to implement the certification program; and a phased work plan and preliminary budget
estimate to advance the work. There were five respondents to the RFP, from among whom Arts for
Learning Miami was selected and contracted to provide these Phase 1 services.
D. PLANS FOR FY2013
Given the level of State grant funds for FY2012, the SFCC did not reapply for state grant support, in
order not to deplete further the critically needed state funds available to the cultural organizations and
artists in the five -county region. During FY2013, the SFCC will continue to work to develop strategic
partnership projects as a Consortium Partner and active member of the Southeast Florida
Partnership's US HUD Sustainable Communities Planning grant; and explore other regional arts in
education, marketing, outreach and professional development initiatives, including workshops
examining fundraising through social media. Planned cooperative marketing initiatives include:
continued support for our e-newsletter, "Voices and Venues;" examining opportunities to continue
professional development series; and continuing to explore development of regional services for the
industry (e.g., e-ticketing services for non-profit arts groups; a regional shared calendar of events
database, etc.). The SFCC has eleven $15,000 visual and media arts fellowships awards budgeted
for FY2013. The annual winners' exhibition is planned for a major collecting institution in Palm Beach
County.
SOUTH FLORIDA CULTURAL CONSORTIUM ACTIVITIES REPORT 2011-2012 Page 3 of 3
SOUTH FLORIDA CULTURAL CONSORTIUM
2011-2012 FINANCIAL REPORT
Initial
EXPENSES Budget
I. REGIONAL MARKETING / ORGANIZATIONAL OUTREACH/ PROFESSIONAL DEVELOPMENT
A. Voices & Venues e-newsletter
i. Design, Development, Web Posting and Maintenance $15,000.00
B. Theater League of South Florida $35,500.00
Regional Theater Service Organization
C. General Marketing/Professional Development Workshops/Scholarships
i. Regional Teaching Artists Certification; Regional Sustainable Communities HUD Grant; etc. $2,000.00
D. Florida Cultural Arts Alilance $10,000.00
E. The Carbonell Awards $5,000.00
CASH SUB -TOTAL / Regional Marketing / Organizational Outreach $52,500.00
IN -KIND SUB -TOTAL /Regional Marketing /Organizational Outreach Expenses $15,000.00
11. 2012 INDIVIDUAL ARTISTS FELLOWSHIPS PROGRAM
A. Fellowship Awards
6 Miami -Dade County (Castillo; Childree; Hwang; Lobo; Oroza; Scicluna)
$75,000.00
3 Broward (Landes; Moorman; Sanchez)
$45,000.00
1 Palm Beach (Estkund)
$15,000.00
-1 At -large Award (Appleby/Monroe County)
$15,000.00
B. National Jurors (Breukel; Lopez-Chahoud; Vega / PAYABLES pending: $1k ea.Honorarium & reimb. exp.;
$10,000.00
C. Exhibition/Catalogue/Invitations (FAU University Galleries, Schmidt Center & RitterArt Galleries)
$20,000.00
D. Application Development (Lemon Yellow for Application Design & Westaf for Cafe)
$1,000.00
E. Misc. Expenses (Adjudication equipment rental; Artists Workshops & materials, etc.)
$2,000.00
F. Fellowships Marketing & Promotion (Travel expenses for Workshops; ads; flyers)
$2,200.00
CASH SUB -TOTAL / Fellowships Program Expenses
IN -KIND SUB -TOTAL / Fellowships Program Expenses
III. REGIONAL ARTS IN EDUCATION INITIATIVES
A. Teaching Artists Certification Program Initiative
i. Arts for Leaming Miami (for Program Design) / PAYABLE pending
ii. BCD, MDCDoCA & CCPBC Directors of Arts Education Initiatives' Leadership
CASH SUB -TOTAL / Regional Teaching Artists Certification Program
IN -KIND SUB -TOTAL / Regional Teaching Artists Certification Program
IV. GENERAL CONSORTIUM PROGRAM ADMINISTRATION
A. Administrative Personnel (prorated value / provided by members)
B. Space rental / office (prorated value - Miami -Dade County)
CASH SUB -TOTAL / General Program Admin.
IN -KIND SUB -TOTAL / General Program Admin. (prorated value)
TOTAL CASH OPERATING EXPENSES (2011-2012)
$183,000.00
$$200.00
$20,000.00
$24,000.00
$20,000.00
$24,000.00
Actual
$15,000.00 *in -kind
$35,500.00
$0.00
$10,000.00
$5,000.00
$50,500.00
$15,000.00 *in -kind
$75,000.00
$45,000.00
$15,000.00
$15,000.00
$3,956.00
$20,000.00
$75.00
$382.55
$2,200.00 *in -kind
$174,413.55
$2,200.00 *in -kind
$15,000.00
$24,000.00 *in -kind
$15,000.00
$24,000.00 *ln-kind
$40,000.00 $40,000.00 -in-kind
$3,500.00 $3,500.00 'in -kind
------------------------
------------------------
$43,500.00 $43,500.00 *in -kind
$255,500.00 $239,913.55
TOTAL CASH & IN -KIND OPERATING EXPENSES (2011-2012) $340,200.00 $324,613.55
SOUTH FLORIDA CULTURAL CONSORTIUM
2011-2012 FINANCIAL REPORT
REVENUES
1. REGIONAL MARKETING / ORGANIZATIONAL PROFESSIONAL DEVELOPMENT & OUTREACH
A. Broward County
B. Miami -Dade County
C. Palm Beach County
D. Monroe County
E. Martin County
F. SFCC / Other Cash
CASH SUB -TOTAL / Regional Marketing / Organizational Outreach
IN -KIND SUB -TOTAL / Regional Marketing /Organizational Outreach Expenses
II. 2012 INDIVIDUAL ARTISTS FELLOWSHIPS PROGRAM
A. Broward County
B. Miami -Dade County
C. Palm Beach County
D. Monroe County
E. Martin County
F. SFCC Cash
G. Promotion: Program / Exhibition / workshops
CASH SUB -TOTAL / Fellowships Program
IN -KIND SUB -TOTAL / Fellowships Program Expenses
III. REGIONAL ARTS IN EDUCATION INITIATIVES
A. State of Florida Division of Cultural Affairs SAG Multi -Disciplinary Grant
B. SFCC Cash
C. Broward County, Miami -Dade County, and Palm Beach County
CASH SUB -TOTAL / Regional Teaching Artists Certification Program
IN -KIND SUB -TOTAL / Regional Teaching Artists Certification Program
IV. GENERAL CONSORTIUM PROGRAM ADMINISTRATION
A. Administrative Personnel - SFCC Members (prorated value)
B. Space rental / office (Miami -Dade County - prorated value)
CASH SUB -TOTAL / General Program Admin.
IN -KIND SUB -TOTAL / General Consortium Program Admin.
TOTAL CASH OPERATING REVENUES (2011-2012)
TOTAL CASH & IN -KIND OPERATING REVENUES (2011-2012)
Initial
Budget Actual
$0.00
$0.00
$35,500.00
$35,500.00
$15,000.00
$15,000.00 *in -kind
$1,000.00
$0.00
$1,000.00
$1,000.00
$15,000.00
------------
$15,000.00
------------
------------
$52,500.00
------------
$51,500.00
$15,000.00
$15,000.00 -in-kind
$65,000.00
$65,000.00
$95,000.00
$95,000.00
$20,000.00
$20,000.00
$0.00
$0.00
$0.00
$0.00
$3,000.00
$3,000.00
$2,200.00
------------
$2,200.00 *in-kind
------------
------------
$183,000.00
------------
$183,000.00
$2,200.00
$2,200.00 *in -kind
N/A N/A
$20,000.00 $20,000.00
$24,000.00 $24,000.00 *in-kind
------------------------
------------------------
$20,000.00 $20,000.00
$24,000.00 $24,000.00 *in -kind
$40,000.00 $40,000.00 'in -kind
$3,500.00 3,500.00 *in-kind
------------------------
------------------------
$43,500.00 $43,500.00 *in -kind
$255,500.00 $254,500.00
$340,200.00 $339,200.00
NET REVENUES LESS EXPENSES $0.00 $14,586.45
RESOLUTION NO. 403 1989
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE
MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE AN
AMENDMENT TO AN AGREEMENT AMONG BROWARD COUNTY,
MONROE COUNTY, PALM BEACH COUNTY AND DADE COUNTY
RELATING TO THE CREATION OF THE SOUTH FLORIDA
CULTURAL CONSORTIUM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby
authorized to execute an amendment to agreement among Broward
County, Monroe County, Palm Beach County and Dade County relating
to the creation of the South Florida Cultural Consortium.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of , A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
7O�
AND LE
er 1 ,1.,✓
Attivwls Q14
rn
n
is
W
1
L
G
LLS
—
AMENDMENT TO AGREEMENT
AMONG
BROWARD COUNTY, MONROE COUNTY,
PALM BEACH COUNTY AND DADE COUNTY
RELATING TO THE CREATION OF THE
SOUTH FLORIDA CULTURAL CONSORTIUM
This amendment, made and entered into by and among Broward -
County, Monroe County, Palm Beach County and Dade County.
IN CONSIDERATION of the mutual terms and conditions, promises,
and covenants hereinafter set forth, the parties agree as
r
follows:
1. SECTION 7 of the Agreement entered into among the parties is
amended as follows:
7. The Consortium shall establish a fiscal year ending
September 30th of each year. For fiscal year ending
September 30, 1985, the Authority shall operate pursuant to a
budget approved by the Boards of County Commissioners of Dade
County, Broward County, Palm Beach County and Monroe County
as soon as practicable after the creation of the Consortium.
For each succeeding fiscal year the Consortium shall submit
to the respective boards of county commissioners no later
than the 1st day of 4-r-i-l-September preceding each fiscal
year, Consortium budget request pertaining to operating and
capital expenditures which request shall not be implemented
until approved by the respective Boards. The Consortium
budget shall be prepared on official budget forms in a format
prescribed jointly by the respective County Managers and
County Administrators and shall be reviewed in a manner
similar to that in which requests of other county departments
are reviewed.
2. SECTION 8 of the Agreement entered into among the parties is
amended as follows:
8. The Consortium shall submit to the respective boards of
county commissioners an annual report and an annual audit.
-1-
The annual report shall be prepared by a finance officer of
Dade County who is not a member of the Consortium and shall
consist of. (a) a balance sheet; (b) a statement of revenue
and expenditures; and (c) a statement of changes in fund
balance. The annual report shall be submitted to the County
Managers and County Administrators by 3krwembe-r-3$t-kr January
31st of each year. The audit shall be performed by an
independent external auditor who is a certified public
accountant licensed in the State of Florida. The audit
report shall be submitted to the County Managers and County
Administrators by Ze-eeabeaa-3-1s-G March 30th of each year. A
copy of any federal audit shall be submitted to the
respective board of county commissioners.
3. SECTION 19 of the Agreement entered into among the parties is
amended as follows:
19. The Consortium shall, in S-e-pt-ei*be-r- February of each year
during the term of this agreement, report to the County
Commission of each of the parties as to the past and proposed
activities of the Consortium. In addition, copies of all
agendas and of minutes of each Consortium and executive
committee meeting shall be furnished to the County
Administrator or Manager and the County Attorney or General
I
Counsel of each party.
4. All other terms and conditions not in conflict with this
amendment shall remain in full force and effect.
- 2-
ATTEST:
BROWARD
COUNTY, through its
OF
COUNTY COMMISSIONERS
6BOARD
By:J�?A
�`
County
nistra or
By:
.
,CGL
and Ex
Officio Clerk
IA POITIER, Chairman
of the Board of County
Commissioners of Broward
day 19�.
Cou.uty,
Florida
Approved
as o form and. -
`
legality
by Office of General
Counsel
for Broward County,
Florida.
SUSAN F. DELEGAL, General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Clerk of the Circuit Court
Fort Lauderdale, Florida 33301
of Broward County:
Telephone: (305; 357�7600
Sharon Cruz
Assistant General Counsel
day of 1988.
ATTEST:
METROPOLITAN DADE COUNTY, FLORIDA
BY S BOARD OF COUNTY COMMISSIONERS
By:
r. y ,Zle rk
y Ma age r
S
2 -- p
0
MONROE COUNTY, FLORIDA, BY ITS
�oWiTy �;
BOARD OF COUNTY COMMISSIONERS
x
By:�
By:
Deputy Clerk
M4YOR/CHAIRMAN
(SEAL)
ATTEST:
PALM BEACH COUNTY, FLORIDA, BY ITS
JOHN B. DUNKLE, CLERK
BOARD OF COUNTY COMMISSIONERS
Board ptT wunty Commissionert
/
/r
By: ey tr
By,
Deputy a
(.HA1RM APR 4 1989
(SEAL)
TQ AWX
Af L .AL FFIMNCY.-
By
AUarney's 061a
-3-
Fine Arts Council
RESOLUTION NO. 083 -1985
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
APPROVE AND EXECUTE AN INTERLOCAL AGREEMENT BY
AND BETWEEN MONROE COUNTY, FLORIDA, AND
BROWARD COUNTY, PALM BEACH COUNTY AND DADE
COUNTY RELATING TO THE CREATION OF THE SOUTH
FLORIDA CULTRUAL CONSORTIUM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board
of County Commissioners of Monroe County, Florida, is hereby
authorized to approve and execute an Interlocal Agreement by and
between Monroe County, Florida, and Broward County, Palm Beach
County and Dade County, a copy of same being attached hereto,
relating to the creation of the South Florida Cultural
Consortium.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 20th day of March,:,A.D. 1985.
(Seal)
Attest:
er z
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
mayor a rman
APPROVED AS TO FORM
AND GAL SUFFIC1ENCaU')
BY
Attorney's Office
i
INTERLOCAL AGREEMENT AMONG
BROWARD COUNTY, MONROE COUNTY
PALM BEACH COUNTY AND DADE COUNTY
RELATING TO THE CREATION OF THE
SOUTH FLORIDA CULTURAL CONSORTIUM
THIS AGREEMENT, entered into this day of March,
1985, among Broward County, Monroe County, Palm Beach County and
- -_.Dade •County.
WHEREAS, Metropolitan Dade County (hereinafter "Dade Coun-
ty"), Broward County, Palm Beach County and Monroe County desire
to join together to form a regional cultural consortium; and
WHEREAS, Section 163.01, Florida Statues (1983), provides a
method for counties to join together to create a regional cul-
tural consortium; and
WHEREAS, Section 163.01, Florida 'Statutes (1983), also
provides the authorization for the creation of a separate entity
by means of an interlocal agreement; and
WHEREAS, pursuant to this Interlocal Agreement and through
ordinances adopted by Dade County (Ordinance No. 85- ) and
Monroe County (Ordinance No. 6-1980 ) the South Florida
Cultural Consortium is created;
NOW, THEREFORE, the parties, in consideration of the mutual
promises and covenants set forth herein, agree as follows:
1. There is hereby authorized to be created and estab-
lished, pursuant to Section 163.01, Florida Statutes, a separate
entity to be known as The South Florida Cultural Consortium
(hereinafter "Consortium)".
2. The purpose of this Agreement shall be to create a
formal process for inter -county cooperation for enhancement,
encouragement and public expenditures in support of culture and
the arts within these counties and with such other government
entities with which these counties may in the future contract.
3. This Agreement shall initially be in effect for three
(3) years from January 1, 1985 through December 31, 1987, unless
extended by the parties. Any party may withdraw from this
Agreement commencing on any January 1st by giving written notice
to the other parties by October 31st of the preceding calendar
year.
4. The membership of the Consortium shall be composed of
the Chair of each County's cultural council responsible for
matters relating to cultures and the arts and the Executive
—Director of each county cultural council, or such other citizens'
council staff member as the County Manager or County Administra-
tor for each respective county may designate. The initial
Consortium members shall be as follows:
Broward County - 1) Andria Pinson, Chairperson
Broward Arts Council
2) 'Mary Becht, Director
Broward County Office of Cultural
Arts
Dade County - 1) Alan Greer, Chairman
Dade County Council of
Arts &
Sciences
2) Kenneth R. Kahn, Exec. Director
Dade County Council of Arts &
Sciences
Monroe County - 1) James Stokes, Chairman
Monroe County Fine Arts Council
2) Grant Spradling, Exec. Director
Monroe County Fine Arts Council
Palm Beach County - 1) Robert M. Montgomery, Jr., Chairman
Palm Beach County Council of the
Arts, Inc.
2) William E. Ray, Exec. Director
Palm Beach County Council of the
Arts, Inc.
Members shall serve without compensation but may be reimbursed
from Consortium funds for actual authorized expenses incurred in
the discharge of their duties as provided below.
5. The Consortium will meet no less frequently than two
(2) times per year and otherwise as may be called by the Chair of
the Consortium. The Consortium shall annually elect a Chair from
among the members'who are executive directors or designated staff
people. In the event the Chair resigns his or her employment or
his or her office, a new election shall be held as soon as
2
I
I
practicable. Each member shall have one vote and a member must
be present to exercise that vote. A quorum shall consist of a
majority plus one of all Consortium members. Matters, except as
noted below, shall be determined by a majority vote at a duly
constituted meeting. A matter may be reconsidered at the same
meeting at which it was initially decided or at the next meeting
of the Consortium, provided that the motion to reconsider must be
._offered by a member who voted with the majority at the initial
determination.
6. The Consortium shall have the following powers which
may be exercised without further approval of the parties: a) to
seek and accept in the name of the participating parties, feder-
al, state, local or private gifts, grants, assistance, funds and
bequests in the furtherance of its purposes; b) to enter into
contracts for commodities, goods and services, and into leases
not exceeding one (1) year in duration and these contracts and
leases shall bind the parties to the same extent as if entered
into by the parties directly; c) to expend or carry over budgeted
sums to the succeeding fiscal year, provided that all expendi-
tures and leases shall be in accordance with federal regulations,
state law and the Dade County Charter, ordinances and procedures,
and further provided that where Dade County ordinances and
procedures require action by the Dade County Board of County
Commissioners, then action by the Consortium shall be required in
lieu thereof, and where Dade County ordinances and procedures
require action by the County Manager, then action by the Chair
shall be required in lieu thereof; d) to grant monies in accor-
dance with a formal program or programs which it shall develop;
and e) to acquire, operate, maintain, lease or sell any personal
property subject to federal grant restrictions. At no time may
the Consortium expend or commit more money in any fiscal year
then it has received. The Consortium may sue and be sued in its
own name; provided that each party shall bear an equal share of
all liabilities incurred as a result of formal Consortium acts.
3
7. The Consortium shall establish a fiscal year ending
September 30th of each year. For fiscal year ending Septem-
ber 30, 1985, the Authority shall operate pursuant to a budget
approved by the Boards of, County Commissioners of Dade County,
Broward County, Palm Beach County and Monroe County as soon as
practicable after the creation of the Consortium. For each
succeeding fiscal year the Consortium shall submit to the respec-
.__.tive-boards of county commissioners no'.later than.the 1st day of
April preceding each fiscal year, Consortium budget request
pertaining to operating and capital expenditures which request
shall not be implemented until approved by the respective Boards.
The Consortium budget shall be prepared on official budget forms
in a format prescribed jointly by the respective County Managers
and County Administrators and shall be reviewed in a manner
similar to that in which requests of other county departments are
reviewed.
8. The Consortium shall submit to the respective boards of
county commissioners an annual report and an annual audit. The
annual report shall be prepared by a finance officer of Dade
County who is not a member of the Consortium and shall consist
of: (a) a balance sheet; (b) a statement of revenue and expendi-
tures; and (c) a statement of changes in fund balance. The
annual report shall be submitted to the County Managers and
County Administrators by November 30th of each year. The audit
.shall be performed by an independent external auditor who is a
certified public accountant licensed in the State of Florida.
The audit report shall be submitted to the Count Managers and
County Administrators by December 31st of each year. A copy of
any federal audit shall be submitted to the respective board of
county commissioners.
9. Unless a party withdraws from this Agreement as provid-
ed in Paragraph 2 above, each party shall contribute an equal
amount of dollars to fund this Agreement for each calendar year
of this Agreement and that amount shall not be less than
$66,670.00. The parties shall include this amount in their
4
annual budgets and shall hold their contributions in a segregated
fund/project until committed for expenditure by formal action of
the Consortium. Local match and federal funds shall be equally
divided each year to each party through programs or services
directly benefiting each party. All funds received from the
Monroe County Tourist Development Council shall be reserved and
retained• locally to be paid to the Consortium upon proper
—documentation showing said funds are 'to be utilized in Monroe
County. --
10. Dade County shall be designated as the fiscal and
administrative agent for the Consortium. All sums due to the
Consortium from any source except the contributions of the
parties shall be paid to Dade County. No expenditure shall be
made without formal authorization from the Consortium in accor-
dance with the procedures which it shall -adopt which procedures
shall comply with federal guidelines. Documentation of all
expenditures associated with contributions of the parties shall
be maintained and provided to Dade County. Any federal grant
funds required to be paid back as the result of a federal audit
shall be borne equally by each party if the questioned expendi-
ture was the result of formal Consortium action.
11. All contracts, leases and expenditures shall be formal-
ly approved by the Consortium and signed by the Dade County
Executive Director of the Council of Arts & Sciences, acting in
his capacity as administrative and fiscal agent for the Consorti-
um.
12. Without .the' express authorization of each of the
parties hereto, the Consortium may not borrow funds nor issue
debt instruments; provided that nothing in this Agreement shall
prevent the Consortium from leasing equipment or paying for
equipment under a lease -purchase or installment sale agreement,
the term of which shall not exceed the remaining term of this
agreement.
13. Employees of the parties shall reasonably cooperate
with the Consortium and shall provide such in-house service as
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may be available. The Consortium may engage such consultants and
other service providers as it deems necessary.
14. The Dade County Attorney shall furnish legal advice and
representation to the Consortium at no cost. All contracts and
leases to be considered by the Consortium must have been approved
by the Dade County Attorney's Office for form and legal suffi-
ciency before Consortium action. A copy of all contracts and
_._leases shall be forwarded to the respective County.Attorneys.
15. The Consortium shall establish uniform rates for the
temporary use of any equipment it may lease, service it may
provide, or literature it may sell to the general public. The
Consortium shall establish such rules and regulations as may be
necessary in the conduct of its business. These rates, rules and
regulations shall be enforced in each participating County as if
they had been promulgated by each County Commission by resolu-
tion.
16. At the termination of this Agreement all property then
held by the Consortium in which the federal government holds no
equity shall be evaluated and distributed among the parties or
sold at public auction and the proceeds distributed to the
parties. Property purchased with federal grant funds shall be
disposed of in accordance with applicable regulations.
17. At the termination of this Agreement each party is
entitled to an equal proportionate share of all property (or the
proceeds thereof) acquired in part with the contribution of that
party. Any party terminating its participation prior to the
termination date fixed by this Agreement, as it may be extended
from time to time, shall not be entitled to any share of any
property or the proceeds thereof nor be responsible for any
liabilities thereafter.
18. The Consortium will participate with the Dade County
self-insurance program and may purchase insurance.
19. The Consortium shall, in September of each year during
the term of this Agreement, report to the County Commission of
each of the parties as to the past and proposed activities of the
6
Consortium. In addition, copies of all agendas and of minutes of
each Consortium and executive committee meeting shall be fur-
nished to the County Administrator or Manager and the County
Attorney or General Counsel of each party.
20. The Consortium may delegate to its executive committee
any and all of the business of the Consortium. The executive
committee shall be composed of the executive director members of
__the Consortium. The executive committee shall meet no less
frequently than ten (10 times during each calendar year. A
quorum of the executive committee shall be three (3) members, and
the .Consortium Chair shall chair the executive committee. All
meetings of the executive committee shall comply with the re-
quirements of The Florida Government in the Sunshine Law.
ATTEST:
By
Deputy Clerk
(Seal)
ATTEST:
By
County Administrator and Zx
Officio Clerk of the Board
of County Commissioners of
Broward County, Florida
Clerk of the Circuit Court of
Broward County:
By:
day of 1985
(Seal)
ATTEST:'
By
Deputy Clerk
(Seal)
ATTEST:
By
Deputy Clerk
(Seal)
7
METROPOLITAN DADE COUNTY,
FLORIDA BY ITS BOARD OF COUNTY
COMMISSIONERS
By
County Manager
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Chairman
MONROE COUNTY, FLORIDA, by its
BOARD OF COUNTY COMMISSIONERS
By
Chairman
PALM BEACH COUNTY, FLORIDA,
by its
BOARD OF COUNTY COMMISSIONERS
By
Uounty Manager