05/19/2021 Agreement Kevin Madok, CPA
;t'.
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: May 24, 2021
TO: Ammic Machin, Administrative Assistant
Tourist Development Council
FROM: Sally M. Abrams, D.C.
SUBJECT: May 11f BOCC Meeting
Attached are electronic copies of the following items for your handling:
El - AGENDA ITEM WORDING: Approval of an Agreement with Monroe Council of
the Arts d/b/a/Florida Keys Council of the Arts to act as a Cultural Umbrella Organization to
make recommendations to the Monroe County TDC and BOCC on funding for tourism related
cultural activities.
E2 - AGENDA ITEM WORDING: Approval of an Amendment to extend Agreement
with Monroe Council of the Arts d/b/a Florida Keys Council of the Arts to supplement cost of
tourist related programs for a one-year period to September 30, 2022.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
CULTURAL UMBRELLA CONTRACT
THIS CONTRACT is entered into this 19th day of May 2021, by and between Monroe County, a
political subdivision of the state of Florida, ("County") and the Monroe Council of the Arts Corporation
d/b/a Florida Keys Council of the Arts.
WITNESSETH:
WHEREAS, cultural tourism is travel directed towards experiencing the arts, heritage, history,
foods, ethnicity, architecture and natural environment that contributes to the special character of a
place; and
WHEREAS, County desires to contract with Florida Keys Council of the Arts so that the Florida
Keys Council of the Arts will act as a countywide Cultural Umbrella to make recommendations to the
Monroe County Tourist Development Council (TDC) and County concerning funding for tourism
related cultural activities; and
WHEREAS, Florida Keys Council of the Arts is qualified and able to act as a Cultural Umbrella
organization and to provide these recommendations;
NOW, THEREFORE, the parties agree as follows-
1. Term: The term of this contract is for a three-year period commencing October 1, 2021 and
terminating September 30, 2024. Upon the recommendation of the TDC, 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 30, 2024. Monroe County's performance and
obligation to pay under this contract, is contingent upon an annual appropriation by the County.
2. Scope of Services: Florida Keys Council of the Arts will provide the following services:
a. 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
TDC qualified cultural events. The Florida Keys Council of the Arts will accept applications
for the events on an annual basis.
b. Florida Keys Council of the Arts shall advertise the availability of the Cultural Umbrella
program through which potential applicants may apply for promotional funding. Methods of
advertisement shall be placed at a minimum, on the Monroe County website, Keys Arts
Website, Public Service Announcements provided to Florida Keys Media (local radio
stations) and electronic notification to interested parties. The advertisement shall give
notice 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.
c. Florida Keys Council of the Arts shall conduct at least two (2) workshops each year, to
explain the application process to all potential applicants. These workshops may be
conducted in person or by Communication Media Technology/electronic platform, a hybrid
platform.
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d. All meetings related to the administration of the Cultural Umbrella shall be open to the
public and properly noticed, in conformity with the same rules as required for all
governmental meetings under F.S. 286.011.
e. The TDC administrative office shall receive a copy of the agenda of any Cultural Umbrella
meetings/workshops at least seven (7) days prior to said meeting/workshop.
f. Florida Keys Council of the Arts shall recommend funding for events in each district
proportionate to the total revenues generated by each district, up to the maximum allocated
by the County for cultural events in any given fiscal year as outlined in paragraph 3(a),
below. If the Cultural Umbrella does not allocate all the funds earmarked for direct event
funding within a district, the remaining funds shall be allocated and utilized to advertise that
specific district as recommended by the Cultural Umbrella.
g. Upon the request of the TDC, Florida Keys Council of the Arts shall be required to provide
a representative at a public meeting to address Cultural Umbrella issues and/or make a
presentation.
h. The recommendations of the Cultural Umbrella Committee shall be submitted to the TDC
for consideration prior to adoption of TDC annual budget each year, but Florida Keys
Council of the Arts has no final authority to require TDC to adopt its recommendations.
TDC will then make recommendations to the County for allocation of funds and contracts
with each individual recipient.
i. Florida Keys Council of the Arts shall make recommendations to the TDC by those
members who shall sit on the Cultural Umbrella Recommendation Committee. There shall
be five (5) members, one each representing the five TDC districts. Each member of the
Recommendation Committee must reside full time or own or operate a cultural related
business in the district they are representing. Recommended appointments will be
approved by the TDC. Any subsequent changes to the Recommendation Committee shall
be provided in writing to the TDC administrative office for approval by the TDC.
j. Florida Keys Council of the Arts shall not receive any administration compensation, directly
or indirectly, out of the TDC Cultural Umbrella funds.
k. 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.
3. Fundin
a. The County shall allocate from tourist development tax funds, an amount not to exceed
Seven Hundred Thousand Dollars ($700,000) for purposes outlined above in the Scope of
Services for the contract year ending September 30, 2022. A minimum of thirty five percent
(35%) shall be spent on generic cultural advertising each year. For each of the remaining
years, under the contract, County shall allocate from tourist development tax funds such
amounts as are established within the TDC budget approved by the County prior to each
fiscal year. The budget for period ending September 30, 2022 is attached hereto as Exhibit
A and incorporated herein. Monroe County and TDC will fund, through its Advertising and
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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. Pursuant to Resolution No. 316-2001, the conditions of this agreement include 1) that no
salary, bonus, or other compensation will be paid directly or indirectly out of the County's
Cultural Umbrella funds, and no Cultural Umbrella funds shall be used in the computation
of any salary, bonus or other compensation to any person; 2) this agreement shall comply
with all clauses in Resolution No. 316-2001; 3) that the Florida Keys Council of the Arts'
reimbursable administrative cost shall never exceed an amount which is great in proportion
to the Cultural Umbrella funds than exist under the Current scheme, to wit. no more than $1
administrative cost per $550 cultural event funding; and 4) that recommendations of the
Cultural Umbrella Committee shall be submitted to the TDC prior to the adoption of the
annual budget through the same procedures.
c. Salaries, bonus or other compensation pursuant to County 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 any way the amount of TDC and Florida Keys Council of the Arts money used
for advertising, promotion or any programs of either entity.
4. Termination:
a. In the event that the Florida Keys Council of the Arts shall be found to be negligent in any
aspect of service, the County shall have the right to terminate this agreement after five
days written notification to the Florida Keys Council of the Arts.
b. Either of the parties hereto may cancel this Agreement without cause by giving the other
party one hundred and twenty (120) days written notice of its intention to do so.
c. Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
agreement for cause with Florida Keys Council of the Arts should Florida Keys Council of
the Arts fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination, prior to termination, the County shall provide
Florida Keys Council of the Arts with five (5) calendar days' notice and provide the Florida
Keys Council of the Arts with an opportunity to cure the breach that has occurred. If the
breach is not cured, the Agreement will be terminated for cause. If the County terminates
this agreement with the Florida Keys Council of the Arts, County shall pay Florida Keys
Council of the Arts the sum due the Florida Keys Council of the Arts under this agreement
prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek an
offset for damages caused by the breach. The maximum amount due to Florida Keys
Council of the Arts shall not in any event exceed the spending cap in this Agreement. In
addition, the County reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to
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pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-
721 et al. of the Monroe County Code.
d. Termination for Convenience: The County may terminate this Agreement for convenience,
at any time, upon 30 days' notice to Florida Keys Council of the Arts. If the County
terminates this agreement with the Florida Keys Council of the Arts, County shall pay
Florida Keys Council of the Arts the sum due the Florida Keys Council of the Arts under this
agreement prior to termination, unless the cost of completion to the County exceeds the
funds remaining in the contract. The maximum amount due to Florida Keys Council of the
Arts shall not exceed the spending cap in this Agreement.
e. For Contracts of any amount, if the County determines that the Florida Keys Council of the
Arts has submitted a false certification under Section 287.135(5), Florida Statutes or has
been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a
boycott of Israel, the County shall have the option of (1) terminating the Agreement after it
has given the Florida Keys Council of the Arts written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to
Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions
of Section 287.135(4), Florida Statutes, are met.
f. For Contracts of $1,000,000 or more, if the County determines that the Florida Keys
Council of the Arts submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Florida Keys Council of the Arts has been placed on the Scrutinized
Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or
Syria, the County shall have the option of (1) terminating the Agreement after it has given
the Florida Keys Council of the Arts written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section 287.135(5)(a),
Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),
Florida Statutes, are met.
5. Accounting, Maintenance of Records and Right to Audit: The Florida Keys Council of the Arts
shall maintain all books, records and documents pertaining to the performance under this contract in
accordance with generally accepted accounting principles consistently applied, acceptable to Monroe
County and the Monroe County Clerk, and shall be available to the County and Clerk or to an
authorized representative for audit, or for records made available pursuant to Chapter 119, Florida
Statutes.
Right to Audit
Availability of Records. The records of the parties to this Agreement relating to the Scope of
Services/Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list,
etc); original estimates; estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance
rebates and dividends; any other supporting evidence deemed necessary by County or the
Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County
Clerk") to substantiate charges related to this agreement, and all other agreements, sources of
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information and matters that may in County's or the County Clerk's reasonable judgment have
any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
contract document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by County's representative and/or agents
or the County Clerk. County or County Clerk may also conduct verifications such as, but not
limited to, counting employees at the job site, witnessing the distribution of payroll, verifying
payroll computations, overhead computations, observing vendor and supplier payments,
miscellaneous allocations, special charges, verifying information and amounts through
interviews and written confirmations with employees, Subcontractors, suppliers, and Florida
Keys Council of the Arts representatives. All records shall be kept for ten (10) years after Final
Completion of the Project. The County Clerk possesses the independent authority to conduct
an audit of Records, assets, and activities relating to this Project. If any auditor employed by
the Monroe County or County Clerk determines that monies paid to Florida Keys Council of the
Arts pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Florida Keys Council of the Arts shall repay the monies together with interest calculated
pursuant to Section 55.03, F.S., running form the date, the monies were paid to Florida Keys
Council of the Arts. The right to audit provisions survives the termination of expiration of this
Agreement.
6. Modification: Additions to, modification to or deletions from the provisions set forth in this
contract shall be effective only in writing and approved by the parties.
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 contract. It
agrees to pay all claims and losses, including related court costs and reasonable attorney's 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 TDC are exempt from federal excise and State of Florida sales and
use tax.
9. Finance Charges: The County and TDC will not be responsible for any finance charges.
10. Relationship: 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. County
and TDC shall at no time be legally responsible for any negligence on the part of the Florida Keys
Council of the Arts, its employees or agents and Event Sponsor, 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 contract, or of any or all of its right, title or interest therein, or his or its power
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to execute such contract to any person, company or corporation without prior written consent of the
County and TDC.
13. Non-Discrimination: County and Contractor agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. County or PROVIDER
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating
to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964
(PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of
the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC ss. 3601
et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
14. Force Maieure: Neither County nor Florida Keys Council of the Arts shall 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 contract.
15. Governing Law/Venue: This contract shall be governed and construed by and in accordance
with the laws of the State of Florida and constitutes the entire contract between the County and
Florida Keys Council of the Arts. Venue of any court action filed relative to this contract shall lie in
Monroe County, Florida.
16. Anti-solicitation: 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 TDC has any interest, financially or otherwise in the Florida Keys Council of the
Arts or its subcontractors.
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17. Severability: If any provision of the contract shall be held by a Court of competent jurisdiction
to be invalid or unenforceable, the remainder of this contract, 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 contract shall be valid and enforceable to the fullest extent permitted by law.
18. Notice: Any notice required or permitted under this contract shall be in writing and hand-
delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as
follows:
TO: County: AND TDC:
Monroe County Administrator Tourist Development Council Director
1100 Simonton St. 1201 White Street, Suite 102
Key West, FL 33040 Key West, FL 33040
TO: Florida Keys Council of the Arts:
1100 Simonton Street, #2-263
Key West, FL 33040
County, through TDC, 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 Keys Council of the Arts warrants that it has not employed,
retained or otherwise 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 contract without liability and may also, at its discretion, deduct from the contract 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 response on a contract to
provide any goods or services to a public entity, may not submit a response/bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
responses/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 Section
287.017, Florida Statutes for Category Two for a period of 36 months from the date of being placed
on the convicted vendor list.
21. Public Records Compliance: Florida Keys Council of the Arts (under this section herein
referred to as "Contractor") must comply with Florida public records laws, including but not limited to
Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County
and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The County shall
have the right to unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of
this contract and the County may enforce the terms of this provision in the form of a court proceeding
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and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or expiration of the
contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not transfer the records to the
County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that is compatible with the
information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly
to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
22. E-Verify System: Beginning January 1, 2021, in accordance with F.S. 448.095, the Florida
Keys Council of the Arts and any subcontractor shall register with and shall utilize the U.S.
Department of Homeland Security's E-Verify system to verify the work authorization status of all new
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employees hired by the Florida Keys Council of the Arts during the term of the Contract and shall
expressly require any subcontractors performing work or providing services pursuant to the Contract
to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien. The Florida Keys Council of the Arts shall comply with and
be subject to the provisions of F.S. 448.095.
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Board of County Commissioners
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Cultural Umbrella Agreement
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FY 2022
EXHIBIT A
FY 2022 BUDGET
Umbrella Total $700,000
Minimum of 35% generic cultural advertising $245,000
Event Funding $455,000
DAC 1 $ 218,400
DAC 11 $ 36,400
DAC III $ 81,900
DAC IV $ 50,050
DAC V $ 68,250
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DRUG-FREE WOR"LACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
60UMCI L,
(Name of Business) I
1. Publish a statement notifying employees that the unlawful, manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of
the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under bid, the employee will abide by the terms of the statement and
will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program
if such is available in the employee's community, or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that h4' irm complies f y with the above requirements.
Sig atu
Date:
STATE OF:
COUNTY OF:
S�ib,scribed and sworn to (or affirmed) before me, by means of A physical presence or El online notarization, on
date by( (name of affiant).
He/She is personally known to me or has produced: Z),Aj (type of identification) as
identification.
NOTARY PUBLIC
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BECKYDH RNANDEZ.BAUER
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y C04�15SION 4 HH54375 My Commission Expires-
EXPIM:OctobeT 18,2024
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-
PUBLIC ENTITY CRIME STATEMENT
"A person oraffiliate who has been placed on the convicted vendor list following aconviction for pubfic entity crime may
not submit a bid on a contract to provide any goods or services to a public entity, may not submit a b�idomm contract with
a public entity for the construction or repair of public building or public work, may not submit bids on leases of real
property to public entity, may not be evvmnJed or perform work as e CONTRACTOR, mupp8ier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not tr2nsact business with any public entity in excess of
the threshold amount provided in Sectimn287.017, for CATEGORY TWO for mperiod nf36 months from the date Vfbeing
placed on the convicted vendor|imt.°
[ have read the above and state that neither /R���mmdnnt'mnano�\ nor any Affiliate has been
placed nn the convicted vendor Umtvvitbinthe last 30momthe.—`------v-- � '
Da 24
STATE OF:
COUNTY OR: -al ��~
S scribed and sworn to (or affirnled) before me, by means of physical presence or O online notarization. on
(date) by ^�-la�� �� f� \/c� (name of offient\.
He/She is personally known to me or has produced (typo of identification) as
identification.
My Cro�m]SSION
My Commission Expires:
Cultural Umbrella A8peemeni
DD#2608
PYZOZ2
13
SWORN STATEMENT UNDER ORDINANCE ND. 01O48SO
8KONROE COUNTY, FLORIDA
ETHICS CLAUSE
IL- 0�7ne
"...warrants that he/it has not enop|oyed, retained or otherwise had act on his/her behalf any former County officer or
employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation Section 3
of Ordinance No. 018-1990. For breach or violation of this provision, the County may, in its diacretimn, terminate this
Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase phce, or otherwise
reoover, the full amount of any fee, cnmnrnimmiVn. percentage, Qift, or consideration paid to the former County officer or
employee,"
� ^� Dat
STATE (}F: 4,
COUNTY OF:
Saffirmed) before me notarization, on
(date) by �--` - ~~ ~~~-` ~ 7�^�` (name of afGao�.
He/Oheis personally known tonneor has produced C_^ (type nf identification) as
identification.
NOTARY PUBLIC
N1y Commission Expires:
XP
Cultural Umbrella Agreement
Il}#2808
FY 2022 14
VENDOR CERTIFICATION REGARDING SCRUTMZED COMPANIES LISTS
Project Description(s): L-
Respondent Vendor Name: 1 t � C`C1 }
Vendor FEIN:
Vendor's Authorized Representative Name and.Title: U 1� Ol C.. I
Address:
City: 01 State: t Zip:
Phone Nutnber:
Email Address: direcbre, OYW+51
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a
contract for goods or services of any amount if, at the time of contracting or renewal„ the company is on the Scrutinized Companies
that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135,
Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473,Florida Statutes, or is
engaged in business operations in Ceiba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled
"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and.
for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan.. List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.1.35, Florida Statutes, the submission of a false certification may subject company to civil
penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be tenninated, at the option of the
County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: `k who is authorized to sign on behalf of the
above referenced company
Authorized Signature:Print Name:
Title: \X -.
Note: The List are available at the following Department of Management Services Site:
htt //vcww.dms,myflorida.com/business o erations/state purchasing/vendor information/convicted suspended discriminatory cobs
plaints vendor lists
Cultural Umbrella Agreement
ID#2608
FY 2022 15