Item D01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 18.2004 Division: TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of Monroe Council of the Arts Cultural Umbrella Representative for District
:CV.
ITEM BACKGROUND:
TDC approved same at their meeting of January 27,2004.
Current Agreement with Monroe Council of the Arts requires TDC and SOCC
approval of any new district appointment.
PREVIOUS REVELANT BOCC ACTION:
SOCC approved original Agreement at their meeting of November 21, 2001.
CONTRACT/AGREEMENT CHANGES:
New District representative
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $
BUDGETED: Yes.....x.... No
COST TO COUNTY: $
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes 1L- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Ally ---"-- o~~;s. l~s~ement-1L
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION:
Included X
ToFollow_ NotRequired_
AGENDA ITEM # 1) J
DISPOSITION:
Revised 2/27/01
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January 12, 2004
Harold Wheeler, Executive Director
Monroe County Tourist Development Council
1201 White Street, Suite #102
Key West, FL 33040
Dear Harold:
I'm pleased to let you know that Claire Lang of Islamorada will be recommended to
replace David Cohn as District 4 representative to the Cultural Umbrella, pending
approval by the Florida Keys Council of the Arts board at their regular meeting of
January 22, 2004.
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When David let us know of his interest in stepping down from the Cultural Umbrella
committee, we asked interested parties to come forward. We contacted the
Islamorada and Key Largo Chambers of Commerce and distributed press releases to
local media, including the Keynoter, Independent, Free Press and Reporter. We
received a number of responses, and are recommending Claire.
Claire has lived in District 4 since 1979 and is an advocate of culture and cultural
tourism. She has experience in the hospitality and sport fishing industries, as well as
serving as Executive Director of Islamorada Chamber of Commerce for 3 years. She
worked with Irving Eyster in preserving the Historical Trail and has been on the
committee for the TIBjIslamorada Amphitheatre at Founders Park.
Claire meets all the criteria for a committee member and we will be very pleased to
work with her. Please pass this recommendation on to the boards of the Tourist
Development Council and the Board of Monroe County Commissioners for approval.:
Sincerely,
Monica Haskell
Executive Director & President
cc:
June Girard
Shirley Freeman
David Cohn
Dist. 2 Lamar Ball
Dist. 3 Lois Wolfe
Dist. 4 Claire Lang
Dist. 5 Rocky Hubert
Claire's contact info is:
P.O. Box 1176
Islamorada, FI. 33036
305.664.9696
305.393.0661
clairelana(Ci) bell south . net
1100 Simonton Street. Key West. FL 33040
305-295-4369 / Fax: 305-295-4372
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~Yl TURAl UMBRELLA AGREEMENT
THIS AGREEMENt.I......iirto this Z~ay of M V 2001, by an;4
BOARD OF COUNTY COMMISSIONERS, ~ County, Florida, hereinafter \
the COUNTY and the MONROE COUNCIL OF THE ARTS CORPORATION ~
KEYS COUNCIL OF THE ARTS, a non-profit corporation hereinafter refel're\
FLORIDA KEYS COUNCIL OF THE ARTS; \
WITNESSETH
WHEREAS, the County wishes to enter into this agreement with the Florida Keys
the AIls so that the Florida Keys Council of the AIls win act as a COunty- Wid
Umbrella to make recommendations to the MONROE COUNTY TOURIST. OEVEL
COUNCIL (TOC) and COUNTY concemlng funding for Tourism related Cultural activit'
1. Tenn: The tenn of this agreement is for a period of thirty-three (33) I
commencing January 1, 2002 and tenninatlng. September 3D, 2004. lJpti;
recommendation of the Tourist Development CounCil, the COUNTY may exercise an op~
an additional two (2) years upon giving written notice to the Florida Keys Council of tile A
less than sixty (SO) days prior to September 30, 2004. Monroe COUnty's perfonna~
obligation to pay under this agreement, is. contingent upon an annual appropriation ~
COUNTY. . . j
2. . Scope of Services: The Aorida Keys Council of the AIls win. proVide the fo'''''!
services: ,
a) The Florida ,Keys Council of the AIls shall administer TOC policies and Pl'OCedul
which will distnbute on an equitable dls1rict-wide percentage basis those mon~
recommended for all qualified Cultural activities. The Florida Keys Council of tI\
Arts Will accept applications on an annual basis. The Florida Keys Council of thl
AIls shall make recommendations for changes in TOC po/icias Pertaining to th~
Cultural Umbrella as it deems appropriate and shall submit .such recommendation~
for TOC and County approval.
b) The Florida Keys Council of the AIls 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 avaHability of funding, the reslricllon of such funding to promotional expenditures
and any other infonnation which the Florida Keys Council of the Arts deems
necessary to conduct the Cultural Umbrella program. The Florida Keys Council of
the AIls may place the advertisements and be reimbursed pursuant to paragraph 3
or may request TOe 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 with the same rules as required for all
governmental meetings under F.S. 286.011. The TDC administrative office shall
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e) receive a copy of the agenda of any Cultural Umbrella meetingshvorkshops at 'e
seven (7) days prior to said meeting/workshop.
f) The Florida Keys Council of the Arts shall administer policies and Proceclures whi
wiH distribute on an equitable district-wide basis those monies recommended for
qualified Cultural activities. Funds shall be allocated to events In each dislJl
proportionate to the total revenues generated by each district. If funding availab
under this plan to any district is not allocated for specific events, the moniE
remaining shall be allocated to the county-wide Cultural Umbrella advertisin
campaign.
g) The recommendations of the Cultural Umbrella Committee shall be submitted to thl
TOe for consideration prior to adoption of TOC annual budget each year, but tho
Florida Keys Council of the Arts has no final authority to require TOe to adopt it>
recommendations. TOC will then make recommendations to the COUNTY tol
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 Recommepdation
Committee for approval by the IDC . and the COUNlY before any appoinbnents are
made. Recommended appointments will be approved by the TOC and COUNTY
and will be referenced in Exhibit A.
3. Funding: '.
a. The COUNTY shall allocate from tourist development lax 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 B and incorporated herein. Monroe COUNTY and TOC will fund
through its Advertising and Public Relations agencies of record costs of promotion
and adverllsing 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 avaifability 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 BOCC 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 parly 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
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5. Accounting: Records of the Florida Keys CouncR of the Arts pertaining. to II
agreement shall be kept on generally recognized accounting principals, acceptable to Mon,!
County, and shaH be available to /tie COUNTY or to an authorized representative for aUdit.
6. Modllication: Additions to, moditication to or deletions from the Provisions set forth .
this agreement shall be effective only in writing and' approved by COUNTY.
7. Indemnification and Hold Hannless: The Florida Keys COuncil of the Arts agrees t
indemnify and hold Monroe Coonty and the Monroe County Tourist Development COlInc
hannless for any and an claims, liability, losses and causes of action which may arise out c
its fuJ1iJlment of the agreement It agrees to pay all claims and losses, inclUding related COur
costs and reasonable attorneys fees, and shaH defend all suits filed due to the negligent aels,
errors or omissions of the Florida Keys Council of the Arts employees and/or agents.
8. Taxes: The COUNTY and lDC are exempt Iiom Federal Excise and stale Florida
Sales Tax.
g. Finances Chal"Qes: The COUNTY and TOe will not be responsible for any finance
charges.
10. Relation of COUNTYITDC: 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 thet neither it
nor its employees or agems shall, under any circumstance, be considered servants or agenls
of the COUNTY and TOe 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 persona'
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 Slatut& 112 and Monroe County Ethics
Ordinance. The Florida Keys Council of the Arts shall disclose all aelua' or proposed conflicts
. of interest, financial Or othenNise, direct or indirect, inVolving any client's Interest Which may
conflict with the interests of the COUNTY and TOC.
12. Assignment the Florida Keys CoullCll of the Arts shall not assign, transfer, convey,
sublet or othE!lWise dispose of this agreement. or of any or all of Its right, title or in!elest
therein, or his or its power to execute such contract to any person, company or corporation
without prior written consent of the COUNTY and TOC.
13. Com"liance with Laws - NOndiscrimination: The Florida Keys Council of the Arts shall
comply with all feeleral , 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 focal laws and ordinances.
14. Force Majeure: The Florida Keys Council of the Arts shall not be liable for delay in
performance or faRure to perform, in whole or in part, the services due to the occurrence of
any contingency beyond its control or the conlrol of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or ael of war whether an aelual declaration
thereof if made or not, insurrection, sabotage, riot or civil commotion, act of pUblic enemy,
epIdemic, quarantine restrielion, accident, fire, explosion, storm, /Iood, drOUght, or other act of
God, ael of any govemmental authority, jUrisdictional aelion, 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 d/b/a Florida Keys Council of the Arts
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15. Govemil1Q LawNenue: This agreement shan be governed and construed by
accordance with the laws of the State of Florida and constitutes the entire agreement be\
the COUNTY and TDC and Florida Keys Council of the Arts. Venue of any court actior
relative to this agreement shall lie in Monroe County, Florida. .
16. Antisolicitation: The Florida Keys Council of the Arts warrants that no person has
employed or retained to solicit or secure this contract upon an agreement or understandin
a commission, percentage, brokerage, or contingent fee and that no member of the Mo
County government or the TDC has any interest, financialry or otherwise in the Florida ,
Council of the Arts or its subcontractors.
17. Severability: If any provision of the agreement shall be held by a Court of compe
jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the applica
of such provision other than those as to which it is invalid or unenforceable, shall not
affeCted thereby; and each provision of the agreement shall be valid and enforceable to
fullest' extent permitted by law.
18. Notice: Any notice required or permitted under this agreement shall be in writing ~
hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to
other party as follows:
For COUNTY:
Monroe County Administrator
5100 College Road
Key West, FL 33040 .
For TOC:
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
5100 College Road
Key West, FL 33040
TDC shall give notice to Florida Keys Councif of the Arts of any meetings at which there is al
agenda item pertaining to Cultural Umbrella.
19. Ethics Clause: The Florida Councif of the Arts warrants that it has not emplOYed
retained or other wise had act on its behalf, any former COUNTY office or employee ir
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
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Cultural Umbrella Agreement
Monroe Council of The Arts dlbla Florida Keys Council of the Arts
section 287.017, for CATEGORY TWo for a period of 36 months from the dale of be,
placed on the convicted vendor list.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year iii
above written.
(SEAL)
Attest:
FLORIDA KEYS COUNCil OF THE ARTS .
By /Jt;dv.,tf /; P ~
(SEAL)
Attest: DANNY l. KOLHAGE, Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
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EXHIBIT A
RECOMMENDA TIOH COMMITTEE
The Recommendation Committee of the Florida Keys Council of the Arts Cultural Umbrella
comprised offive (5) members. with one member representing each of the five TOC Oistric
throughout the Monroe County, The members shall be appointed by the Florida Keys Coun.
of the Arts and confirmed by the TDe and COUNTY.
As of the commencement of the agreement etrective January 1, 2002, the members shell be:
District I To Be Announced
District II To Be Announced
District III To Be Announced
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District IV To Be Announced
District V To Be Announced ,
The tenn of a Recommendation Committee member shall be for one (I) year tenninating
Septeinber 30'" of each year of the agreement New appointees. re-appointees and
replacement members shall be confinned by the Florida Keys CounCIl for the Arts, TOe and
COUNTY.
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
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EXHIBIT B
Budget as of January 1, 2002
Allocations for Events:
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Allocation for Cultural Advertising Campaign
Sub Total
$165,240
$550,800
$122,940
*Salance Brought Forward from FY 2001
* Represents event funding brought forward from Current year to next fiscal year
(October 1, 2001) for contractual agreements.
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Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
7
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