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Item E1 �s E.1 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting May 19, 2021 Agenda Item Number: E.1 Agenda Item Summary #8 177 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552 N/A 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. ITEM BACKGROUND: TDC approved same at their meeting of April 27, 2021 PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Cultural Umbrella Agreement FINANCIAL IMPACT: Effective Date: October 1, 2021 Expiration Date: September 30, 2024 Total Dollar Value of Contract: Total Cost to County: No Cost to County Current Year Portion: $700,000 Budgeted: Yes Source of Funds: TDC CPI: Indirect Costs: Packet Pg. 1010 E.1 Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: No Additional Details: 05/19/21 115-75011 - CULTURAL UMBRELLA-115 $700,000.00 REVIEWED BY: Maxine Pacini Completed 04/28/2021 1:52 PM Christine Limbert Completed 04/28/2021 4:04 PM Purchasing Completed 04/28/2021 4:05 PM Budget and Finance Completed 04/28/2021 4:32 PM Maria Slavik Completed 04/29/2021 2:34 PM Liz Yongue Completed 05/03/2021 3:34 PM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 1011 E.1.ai CULTURAL UMBRELLA CONTRACT THIS CONTRACT is entered into this day of 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 E 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 5 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 applicationsru 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. Cultural Umbrella Agreement ID#2608 FY 2022 1 Packet Pg. 1012 E.1.ai 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 E 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 W Recommendation Committee must reside full time or own or operate a cultural related 0 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 76 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 Cultural Umbrella Agreement ID#2608 FY 2022 2 Packet Pg. 1013 E.1.ai 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. 0) c. Salaries, bonus or other compensation pursuant to County Resolution No. 316-2001 , shall 2 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 5 aspect of service, the County shall have the right to terminate this agreement after five 0) 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 ca 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 E 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 Cultural Umbrella Agreement ID#2608 FY 2022 3 Packet Pg. 1014 E.1.ai 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 E demonstrate the agency's determination of false certification was in error pursuant to 2 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 5 the Florida Keys Council of the Arts written notice and an opportunity to demonstrate the 0) agency's determination of false certification was in error pursuant to Section 287.135(5)(a), CD 2 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 UJ authorized representative for audit, or for records made available pursuant to Chapter 119, Florida Statutes. E 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 Cultural Umbrella Agreement ID#2608 FY 2022 4 Packet Pg. 1015 E.1.ai 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 E Council of the Arts. The right to audit provisions survives the termination of expiration of this 2 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 o shall defend all suits filed due to the negligent acts, errors or omissions of the Florida Keys Council of w 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 Cultural Umbrella Agreement ID#2608 FY 2022 5 Packet Pg. 1016 E.1.ai 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 E Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating 2 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 5 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, 12 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. Cultural Umbrella Agreement ID#2608 FY 2022 6 Packet Pg. 1017 E.1.ai 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 E 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 o 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 26 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 Cultural Umbrella Agreement ID#2608 FY 2022 7 Packet Pg. 1018 E.1.ai 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 E possession of the Contractor or keep and maintain public records that would be required by the 2 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 w 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. 75 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 Cultural Umbrella Agreement ID#2608 FY 2022 8 Packet Pg. 1019 E.1.ai 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. Cultural Umbrella Agreement ID#2608 FY 2022 9 Packet Pg. 1020 E.1.ai (SEAL) Beard of County Commissioners Attest: Kevin Madok, Clerk of Monroe County As Deputy Clerk Mayor/Chairman Florid rXeys Council of the Arts B f � re dent Print Name Two Witnesses 75 tf (1) Witness Print Name t9ic li (2) Witness Print Name Cultural Umbrella Agreement ID#2608 FY 2022 10 Packet Pg. 1021 E.1.ai 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 E DAC V $ 68,250 2 Cultural Umbrella Agreement ID#2608 FY 2022 11 Packet Pg. 1022 E.1.ai DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 803 (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 goad faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that'i irm compli f with the above requirements. (Sig atu ) [late: � r STATE OF: COUNTY OF: ' ✓ 5 scribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on (date) byk. `°_ � (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC L..." BECKY D.HERWIDEZ-BAUER MY COMMISSION#HH54375 My Commission Expires: EXPIRES:October 18,2024 Cultural Umbrella Agreement fD#2608 1 Y 2022 12 Packet Pg. 1023 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list fallowing a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list," I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. T e; ignat E a`'te e C STATE OF: COUNTY OF: ,4scribed and sworn to (or affirmed) before me, by means of VQ physical presence or ❑ online notarization, on (date) by 1' ,2.1� 1 Ya I� �5 (name of affiant). He/She is personally known to me or has produced /74 y A)e. � � p y p 4 {type of identification) as E identification. CD ""Lk ECitYI,. ERNANSIRZ-BAUlR NOTARY PUBLIC i NY CoMmISS10#HH54375 �oxris:cautoer ts,2024 My Commission Expires: ` f � Cultural Umbrella Agreement ID#2608 FY 2022 13 Packet Pg. 1024 E.1.ai SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE G? { s f0UP3C-( , (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." Ak, igu e) r t Date: u r E STATE OF: � COUNTY OF: Sulascribed and sworn to (or affirmed) before rile, by means of EK physical presence or ❑ online notarization, on I x r (date) by `� 4-` (name of affiant}. E -- m He/She is personally known to me or has produced z; �� .� (type of identification) as 2 identification. mac✓) } s NOTARY PUBLIC �60"" My Commission Expires: BECKYD.HERN'ANDEZ-BAUER My C(3lufMISSfON#HH54375 EXPIRE&October 18,2024 � Cultural Umbrella Agreement ID#2608 FY 2022 14 Packet Pg. 1025 E.1.ai VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): AU, Respondent Vendor Name: 6C "{ Vendor FEIN: _ `Imm Vendor's Authorized Representative Name and Title: Y6 Wk— 1 Address: City: State: t Zip: Phone Number: ' Email Address: I s um 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 Cuba 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 287.135, 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 terminated, at the option of the 75 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: .e... who is authorized to sign on behalf of the above referenced company, Authorized Signature: Print Name: 'ltoo ,- Title: 'j1 76 Note: The List are available at the following Department of Management Services Site: htt ;/hvww,dins.m florida.com/business operations/state urchasin /vendor inf©nnation/convicted suspended discriminato coin 1p a nts--vendor lists m Cultural Umbrella Agreement ID#2608 FY 2022 15 Packet Pg. 1026