Item D3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 20. 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of eultural Umbrella Recommendation eommittee
ITEM BACKGROUND:
The Agreement with the Florida Keys eouncil of the Arts requires approval by
the TDe and BOee of the eultural Umbrella Recommendation eommittee.
PREVIOUS REVELANT BOCC ACTION:
BOee approved original Agreement at their meeting. of November 21, 2001.
CONTRACT/AGREEMENT CHANGES:
Approval of eultural Umbrella Recommendation eommittee.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes ~ No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
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(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
AGENDA ITEM # C2l~
DISPOSITION:
Revised 2/27/01
THE FLORIDA KEYS & KEY WEST
Come as you are TM
P.O. Box 866, Keg West, Florida 33041 U.S.A. (305) 296-1552 fax: (305) 296-0788
http://www.fla-keys.comSaIa@J.fa-Keys.com
MEMORANDUM
DATE:
February 25, 2002
TO:
Monroe County Board of County Commissioners
FROM:
Michael Ingram, Chairman
RE:
Cultural Umbrella Recommendation Committee
Please be advised that a quorum was not present at the 20 February, 2002 meeting of the Monroe County
Tourist Development Council. Being that no official action could take place to endorse the five (5) members of
the Recommendation Committee, those TDC members present requested the chairman to write a note to
review discussion which occurred. For sake of brevity the following points were noteworthy:
a. Carol Fisher, Executive Director of the Lower Keys Chamber of Commerce brought attention to Mr.
Ethridge being more representative of District I than District II. District IV nominee David Cohn and District I
nominee Dr. Shir1ey Freeman concurred with Mrs. Fisher. Further observation was made as to the fine line
of an individual (Ethridge or any other nominee) who may benefit from cultural grants as part of the
organization vis-a-vis direct remuneration and the necessity for all members to recuse themselves from any
vote to avoid any possible hint of self-interest.
b. It was noted that the appointments would expire on September 30th of this year.
c. I believe that the composition of the next committee might be addressed by the Council themselves in that
four (4) out of the five (5) members are part ofthe Board ofthe Arts Council. In this makeup an initial stated
goal of reaching out to the community may not have been met.
~ All persons appeared to agree that the new structure of the Cultural Umbrella through the Florida Keys
Council of the Arts would be evaluated on performance and to not respect the wishes of the Council would
be inappropriate.
Therefore, in consideration of the sentiment expressed by the public, it was the feeling of the TDC members in
attendance that the Board of County Commissioners should approve this item to allow the business of the
Cultural Umbrella to move forward.
..,.-
EXHIBIT A
RECOMMENDATION COMMITTEE
The Recommendation Committee of the Florida Keys Council of the Arts
Cultural Umbrella is comprised of five (5) members, with one member
representing each of the five TDC Districts throughout the Monroe
County. The members shall be appointed by the Florida Keys Council of
the Arts and confirmed by the TDC and COUNTY.
As of the commencement of the agreement effective January 1, 2002, the
members shall be:
District I
Dr. Shirley Freeman
District II
David Ethrid~
Bill Shaw
District III
District IV
David Cohn
District V
Rocky S. Hubert
The term of a Recommendation Committee member shall be for one (I)
year terminating September 30th of each year of the agreement. New
appointees, re-appointees and replacement members shall be confirmed
by the Florida Keys Council for the Arts, TDC and COUNTY.
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Criteria for Cultural Umbrella
Recommendation Committee Members
To be eligible to serve on the Recommendation Committee
of the Cultural Umbrella, a person must
1. Reside in the Tourist Development Committee District to
which appointed for a minimum of two years.
2. Have demonstrated significant support and advocacy for
art and culture or work as an artist (visual, performing,
literary).
3. Demonstrate an understanding of the prime importance of
art and culture to the economy and to the quality of life of
Monroe County citizens and guests.
4. Receive no income in an administrative capacity from an
entity or individual that was awarded Cultural Umbrella
event funding in the past fiscal year or that applies in the
current year.
1100 Simonton Street. Key Wusl, H. 3:1(1-10
305-295-4369/ Fax: 30:i'29:i-<t:j/?,
email: info@kcysart~.com / www.key~art~.~oJII
Upper Keys: 306-852.1469 ext.4J69
Marathon; 30~-743'0079 Ilxl4369
Arts council recommends cultural umbrella committee
At its January 24 meeting the Florida Keys Council of the Arts recommended five arts-community leaders
to the Tourist Development Council Cultural Umbrella Recommendation Committee:
Dr. Shirlev Freeman, district 1
Dr. Shirley Freeman believes the arts are healthy for the environment, tourism, and the local economy.
She supports positioning the Keys as a national and International arts destination. As a county
commissioner Mayor Freeman supported Art in Public Places, the designation of the Florida Keys Council of
the Arts as the official Local Arts Agency for Monroe County, the ordinance passed in 2001 mandating 1%
for public art in new and renovated county buildings, Art Behind Bars, and art therapy for at-risk teens.
Mayor Freeman sings in the Keys Chorale and Is a regular patron of theater, music, visual art, literature,
and historical culture. "The reason I support the arts," she says, "is the arts are a vital part of the
economy and ambiance of the Florida Keys and are a clean industry that does not impact our natural
resources. "
David Ethridge, district 2
David Ethridge is editor of Solares Hili and editor at large of the Key West Citizen. He has worked with the
Key West Literary Seminar for the last eleven years. A Keys resident for twenty-four years (twenty of
those on Cudjoe Key), Mr. Ethridge is also treasurer of Reef Relief. "The purpose of art is art, not
commerce," he says. "Good art, and a strong reputation for it, will draw the people."
Bill Shaw, district 3
Bill Shaw has served on the Florida Keys Council of the Arts executive board for two years. He has been a
resident of Marathon for over twelve years, and he and his wife, Judy, own Shaw's Home Maintenance and
Landscaping. Mr. Shaw has been owner and president of two construction companies and Is a member
and former chair of the Monroe County Mosquito Control Board. He says, "My goal is to bring all citizens
who are interested in the arts together as partners to promote cultural events in our community and to
use our combined strengths and endeavors to ensure the arts prosper."
David Cohn, district 4
Chicago native David M. Cohn has a liberal arts degree and Bachelor of Science in Commerce degree from
Roosevelt University and was involved in graphic arts, direct mail advertising, and printing paper
distribution for thirty-seven years. A Keys resident for over twenty years, Mr. Cohn created Art Lovers
Gallery in 1992 In Islamorada and moved it to Its current location In Treasure Village on Plantation Key in
1993. Affiliations include the Islamorada and Key Largo Chambers of Commerce, Mariners Hospital
Community Foundation, Chicago Art Institute, Printing Industry of Florida, Key Players, and the South
Florida Center for the Arts. Mr. Cohn supports the performing and the visual arts and looks forward to the
building of an auditorium in the Upper Keys; he also supports the Village of Islamorada in Its plans for
Plantation Yacht Harbor property.
Rocky S. Hubert, district 5
Rocky Hubert is currently an account executive with Wells Fargo Home Mortgage. He moved to the Upper
Keys from Texas in 1988, where he had been a building contractor, inspector, and real estate broker.
After moving to the Keys, he worked as a real estate appraiser, specializing in the evaluation of
environmentally sensitive land, before being recruited into mortgage lending in 1998. Mr. Hubert has
served in a leadership capacity for a number of community organizations including the Upper Keys Jaycees
(president), Saint James Episcopal Church (vestryman and treasurer), the Monroe County Housing Finance
Authority (current chairman), the Guidance Clinic of the Upper Keys, and the Florida Keys Council of the
Arts. He was also a graduate of Class One of LeaderShip Monroe County and has served as a director of
the alumni association, including a term as president. According to Hubert, "For someone remarkably
untalented I've had a long appreciation for the arts, beginning in junior high, where I played drums and
guitar in a county band. In high school a group of us would go to the Dallas Civic Theater, where I was
introduced to Shakespeare, Tennessee Williams, and Noel Coward. Dallas has a first-class art museum,
and Fort Worth has both the Kimball and Amon Carter museums. Amon Carter has a great collection of
Western and American art. People express themselves, both individually and collectively, through art.
For most of us, our workaday world consists of numbers and deadlines and the pressures of dealing with
difficult people. Art, whether visual, performing, or literary, allows us to connect with our higher selves. I
am constantly amazed at how incredibly creative some people can be. When I travel, at home or abroad,
I always look for museums or performances that help me connect with the local culture. Here in the Keys
we are blessed with a tremendous variety of art, history, and culture, ranging from the Key Players in the
Upper Keys to the Mel Fisher Museum in Key West. As a treasure hunter Mel Fisher appeals to the
romantic in all of us. Yet one of the most mOVing exhibits I've ever seen of any kind was their exhibit of
the slave ship Henrietta." Mr. Hubert is concerned with art and culture for children and the community at
large.
Maxine Pacini
From:
Sent:
To:
Subject:
Monica Haskell [monica@keysarts.com]
Tuesday, February 19, 2002 12:35 PM
Maxine TDC (E-mail)
David Ethridge - corrected bio
> David Ethridge is editor of Solares Hill and editor at large of the Key
West
> Citizen. He has served as President of the Board of Directors with the Key
> West Literary Seminar for the last eleven years and was a member for four
> years before that. He is also on the Board of Reef Relief and serves as
> treasurer.
> Ethridge has been a resident of the Keys for 24 years, the last 20 on
Cudjoe
> Key.
1
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lJ;l.i
CUL rURAL UMBRELLA AGREEMENT
THIS AGREEMENT is'en'~ ..j~t~ thisZ/~ay of j.A V/ 2001, by and between the
BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, hereinafter referred to as
the COUNTY and the MONROE COUNCIL OF THE ARTS CORPORATION d/b/a FLORIDA
KEYS COUNCIL OF THE ARTS, a non-profit corporation hereinafter referred to as the
FLORIDA KEYS COUNCIL OF THE ARTS;
WITNESSETH
WHEREAS, the County wishes to enter into this agreement with the Florida Keys Council of
the Arts so that the Florida Keys Council of the Arts will act as a county- wide Cultural
Umbrella to make recommendations to the MONROE COUNTY TOURIST DEVELOPMENT
COUNCIL (TO C) and COUNTY concerning funding for Tourism related Cultural activities.
1. Term: The term of this agreement is for a period of thirty-three (33) monthl:j
commencing January 1 J 2002 and terminating' September 3D, 2004. Upon the
recommendation of the Tourist Development Council, the COUNTY may exercise an option for
an additional two (2) years upon giving written notice to the Florida Keys Council of the Arts no
less than sixty (60) days prior to September 3D, 2004. Monroe County's performance and
obligation to pay under this agreement, is contingent upon an annual appropriation by the
COUNTY.
2. Scope of Services: The Florida Keys Council of the Arts will provide the following
services:
a) The Florida Keys Council of the Arts shall administer TDC policies and procedures
which will distribute on an equitable district-wide percentage basis those monies
recommended for all qualified Cultural activities. The Florida Keys Council of the
Arts will accept applications on an annual basis. The Florida Keys Council of the
Arts shall make recommendations for changes in TDC policies pertaining to the
Cultural Umbrella as it deems appropriate and shall submit such recommendations
for TDC and County approval.
b) The Florida Keys Council of the Arts shall advertise the availability of the Cultural
Umbrella program (request for applications) through which event sponsors may
apply for promotional funding. The advertisement shall be placed at a minimum, in
a newspaper of general circulation, in each of the three primary areas of the County,
to wit: Lower Keys, Middle Keys and Upper Keys. The advertisement shall notify of
the availability of funding, the restriction of such funding to promotional expenditures
and any other information which the Florida Keys Council of the Arts deems
necessary to conduct the Cultural Umbrella program. The Florida Keys Council of
the Arts may place the advertisements and be reimbursed pursuant to paragraph 3
or may request TDC to place the advertisements and direct pay the newspapers.
c) The Florida Keys Council of the Arts shall conduct at least three (3) workshops each
year, ,one per area of the Florida Keys (Lower Keys, Middle Keys, Upper Keys),
within two weeks after the release of the request for application, to explain the
application process to all potential applicants. -
d) All meetings related to the administration of the Cultural Umbrella shall be open to
the public and properly noticed, in conformity witl} the same rules as required for all
governmental meetings under F.S. 286.011. The TOC administrative office shall
1
10/11/01
e) receive a copy of the agenda of any Cultural Umbrella meetings/workshops at lea~
seven (7) days prior to said meeting/workshop.
f) The Florida Keys Council of the Arts shall administer policies and procedures whicf
will distribute on an equitable district-wide basis those monies recommended for al
qualified Cultural activities. Funds shall be allocated to events in each districl
proportionate to the total revenues generated by each district. If funding available
under this plan to any district is not allocated for specific events, the monies
remaining shall be allocated to the county-wide Cultural Umbrella advertising
campaign.
g) The recommendations of the Cultural Umbrella Committee shall be submitted to the
TOC for consideration prior to adoption of TOC annual budget each year, but the
Florida Keys Council of the Arts has no final authority to require TOC to adopt its
recommendations. TOC will then make recommendations to the COUNTY for
allocation of funds and contracts with each individual recipients.
h) Composition- The Florida Keys Council of the Arts shall, in collaboration with the
community, develop criteria for selection of the members of the Recommendation
Committee for approval by the TOGand the COUNTY before any appointments are
made. Recommended appointments will be approved by the TOe and COUNTY
and will be referenced in Exhibit A.
3. Funding:
a. The COUNTY shall allocate from tourist development tax funds, an amount not to
exceed five hundred and fifty thousand and eight hundred dollars ($550,800) for the
agreement year ending September 30, 2002. For each of the remaining years,
under the agreement, County shall allocate from tourist development tax funds such
amounts as are established within the TOC budget approved by the County prior to
each fiscal year. The budget for periOd ending September 30, 2002 is attached
hereto as Exhibit 8 and incorporated herein. Monroe COUNTY and TOC will fund
through its Advertising and Public Relations agencies of record costs of promotion
and advertising of cultural events; (1) directly to vendors upon receipt of properly
approved invoices or (2) reimburse the event coordinator upon receipt of properly
approved paid invoices and evidence of payment, subject to availability of funds.
b. No salary, bonus or other compensation will be paid directly or indirectly, out of the
Cultural Umbrella funds and no Cultural Umbrella funds shall be used in the
computation of any salary, bonus or other compensation to any person.
c. Administrative costs, including but not limited to salaries, transportation costs, and
. mailing were previously paid by the predecessor contractor and therefore pursuant
to SOCC Resolution No. 316-2001, shall be borne entirely by the Florida Keys
Council of the Arts.
d. There shall be no action by Florida Keys Council of the Arts which has the effect of
reducing in anyway the amount of TOC and Florida Keys Council of The Arts money
used for advertising, promotion or any programs of either entity.
4. Termination: The agreement can be terminated by either party with or without cause
with 120 days prior written notice.
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
2
10/11/01
5. Accounting: Records of the Florida Keys Council of the Arts pertaining to thi~
agreement shall be kept on generally recognized accounting principals, acceptable to Monroe
County, and shall be available to the COUNTY or to an authorized representative for audit.
6. Modification: Additions to, modification to or deletions from the provisions set forth in
this agreement shall be effective only in writing and approved by COUNTY.
7. Indemnification and Hold Harmless: The Florida Keys Council of the Arts agrees to
indemnify and hold Monroe County and the Monroe County Tourist Development Council
harmless for any and all claims, liability, losses and causes of action which may arise out of
its fulfillment of the agreement. It agrees to pay all claims and losses, including related court
costs and reasonable attorneys fees, and shall defend all suits filed due to the negligent acts,
errors or omissions of the Florida Keys Council of the Arts employees and/or agents.
8. Taxes: The COUNTY and TOC are exempt from Federal Excise and State Florida
Sales Tax.
9. Finances Charges: The COUNTY and TOC will not be responsible for any finance
charges.
10. Relation of COUNTYrrOC: It is the intent of the parties hereto that the Florida Keys
Council of the Arts shall be legally considered as an independent contractor and that neither it
nor its employees or agents shall, under any circumstance, be considered servants or agents
of the COUNTY and TDC shall at no time be legally responsible for any negligence on the part
of said successful proposer, its employees or agents, resulting in either bodily or personal
injury or property damage to any individual, firm, or corporation.
11. Disclosure: The Florida Keys Council of the Arts shall be required to list any or all
potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics
Ordinance. The Florida Keys Council of the Arts shall disclose all actual or proposed conflicts
of interest, financial or otherwise, direct or indirect, involving any client's interest which may
conflict with the interests of the COUNTY and TDC.
12. Assignment: the Florida Keys Council of the Arts shall not assign, transfer, convey,
sublet or otherwise dispose of this agreement, or of any or all of its right, titre or interest
therein, or his or its power to execute such contract to any person, company or cOrporation
without prior written consent of the COUNTY and TDC.
13. Compliance with Laws - Nondiscrimination: The Florida Keys Council of the Arts shall
comply with all federal , state, and local laws and ordinances applicable to the work or
payment for work thereof, and shall not discriminate on the grounds of race, color, religion,
sex, age or national origin in the performance or work under this agreement. This agreement
shall be subject to all federal, state, and local laws and ordinances.
14. Force Majeure: The Florida Keys Council of the Arts shall not be liable for delay in
performance or failure to perform, in whole or in part, the services due to the occurrence of
any contingency beyond its control or the control of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or act of war whether an actual declaration
thereof if made or not, insurrection, sabotage, riot or civil commotion, act of pUblic enemy,
epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of
God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel,
electricity, or materials or supplies, or technical failure where the Florida Keys Council of the
Arts has exercised reasonable care in the prevention thereof, and any such delay or failure
shall not constitute a breach of this agreement.
Cultural Umbrella Agreement
Monroe Council of The Arts dlbla Florida Keys Council of the Arts
3c
10/11/01
15. Governing LawNenue: This agreement shall be governed and construed by and ir
accordance with the laws of the State of Florida and constitutes the entire agreement betweer
the COUNTY and TDC and Florida Keys Council of the Arts. Venue of any court actic;>n filed
relative to this agreement shall lie in Monroe County, Florida.
16. Antisolicitation: The Florida Keys Council of the Arts warrants that no person has been
employed or retained to solicit or secure this contract upon an agreement or understanding for
a commission, percentage, brokerage, or contingent fee and that no member of the Monroe
County government or the TOC has any interest, financially or otherwise in the Florida Keys
Council of the Arts or its subcontractors.
17. Severability: If any provision of the agreement shall be held by a Court of competent
jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application
of such provision other than those as to which it is invalid or unenforceable, shall not be
affected thereby; and each provision of the agreement shall be valid and enforceable to the
fullest extent permitted by law.
18. Notice: Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the
other party as follows:
For COUNTY:
Monroe County Administrator
5100 College Road
Key West, FL 33040
For TDC:
Director, Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
For FLORIDA COUNCIL OF THE ARTS:
President, Florida Keys Council of the Arts
51 00 College Road
Key West, FL 33040
TOC shall give notice to Florida Keys Council of the Arts of any meetings at which there is an
agenda item pertaining to Cultural Umbrella.
19. Ethics Clause: The Florida Council of the Arts warrants that it has not employed,
retained or other wise had act on its behalf, any former COUNTY office or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
COUNTY may, at its discretion terminate this agreement without liability and may also, at its
discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former or present
COUNTY officer or employee.
20. Public Entity Crime Statement: A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
4 10/11/01
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
section 287.017, for CATEGORY TWO for a period of 36 months from the date of beinl
placed on the convicted vendor list. .
IN WITNESS WHEREOF, the parties have executed this agreement the day and year firs
above written.
(SEAL)
Attest
FLORIDA KEYS COUNCIL OF THE ARTS
By ~wL.
(SEAL)
Attest DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MaYOr/tan
APPROVH) A$ TO F (~ ,/
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Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
5
10/11/01
EXHIBIT A
RECOMMENDA TION COMMITTEE
The Recommendation Committee of the Florida Keys Council of the Arts Cultural Umbrella is
comprised of five (5) members, with one member representing each of the five TOC Districts
throughout the Monroe County. The members shall be appointed by the Florida Keys Council
of the Arts and confirmed by the TOC and COUNTY.
As of the commencement of the agreement effective January 1. 2002. the members shall be:
District I
To Be Announced
District /I
To Be Announced
District III
To Be Announced
District IV
To Be Announced
District V
To Be Announced
The term of a Recommendation Committee member shall be for one (I) year terminating
September 30th of each year of the agreement. New appointees, re-appointees and
replacement members shall be confirmed by the Florida Keys Council for the Arts, TDC and
COUNTY.
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
6
10/11/01
EXHIBIT B
Budget as of January 1, 2002
Allocations for Events:
Sub Total
$244,800
$165,240
$550,800
Allocation for Cultural Advertising Campaign
*Balance Brought Forward from FY 2001
$122,940
* Represents. event funding brought forward from current year to next fiscal year
(October 1, 2001) for contractual agreements.
Cultural Umbrella Agreement
Monroe Council of The Arts dlbla Florida Keys Council of the Arts
7
10/11/01