Item D3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 18.2004
Division:
TDC
Bulk Item: Yes -1L- No
Department:
AGENDA ITEM WORDING:
Approval of Florida Keys Council of the Arts Cultural Umbrella Representative for
district V.
ITEM BACKGROUND:
TDC approved same at their meeting of July 13, 2004.
Current Agreement with Florida Keys 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/AGREE:MENT CHANGES:
New District Representative
STAFF RECOMMENDATIONS:
Approval
TOT AL COST: -.t
BUDGETED: Yes --X- No
COST TO COUNTY: $
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes 1L- No
AMOUNT PER MONTH_ Year
APPROVED BY: County Ally ---X- OMB~>> X Risk Management-X-
DIVISION DIRECTOR APPROVAL: ~~kO-~ 4.--P
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_Not Required_
AGENDA ITEM # \>3
DISPOSITION:
Revised 2/27/01
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June 30, 2004
Harold Wheeler, Executive Director
Monroe County Tourist Development Council
1201 White Street, Suite #102
Key West, FL 33040
Dear Harold:
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I'm pleased to let you know that the Executive Committee of the Florida Keys Council
of the Arts recommends Tom Butler of Key Largo to replace Rocky Hubert as
District 5 representative to the Cultural Umbrella. The Executive Committee
approval occurred on May 27 and will be ratified by the full FKCA board July 22.
Here's a little about Mr. Butler:
Thomas J. Butler, 369 Bahia Ave., Key Largo 33037 (305)453-0997,
has extensive international business and cultural involvements. He
served as president of Westinghouse for Mexico and for Latin America,
as well as in numerous assignments managing subsidiaries in Brazil and
Venezuela. He speaks fluent Spanish and Portuguese as well as English
after 13 years of residence in Latin America.
Wherever he lives, the performing arts benefit from his
participation and administrative skills. His community service spans
the western hemisphere. In Brazil he was president of the American
Society, a founding member of the Jeffrey Pike Orphanage, as well as
president of the Sao Paulo Strolling Players and the Rio De Janeiro
Little Theatre. He served on the New York-based Council of the Americas
board of directors. In the Florida Keys, Butler has served as a
director with the Key Largo Key Players and on the Florida Keys Council
of the Arts advisory board and is presently in his second term as
Commodore of the Upper Keys Sailing Club.
Tom meets all the criteria for a committee member and we will be very pleased to
work with him. 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
Dlst. 2 Lamar Ball
Dlst. 3 Lois Wolfe
Dlst. 4 Claire Lang
Dlst. 5 Rocky Hubert
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CUL ruRAL UMBRELLA AGREEMENT
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THIS AGREEMEIlt< -Ia.. -lIlIo!I:1irto this Z~ay of jJ,/ 2001, by an4
BOARD OF COUNTY COMMIsSIONERS, ~ County, Florida, hereinafter'
the COUNTY and the MONAOE COUNCIL OF THE ARTS CORPoRATION ~.
KEYS COUNCIL OF THE ARTS, a ~ COIpOrat/on hereinafter referre\
FLORIDA KEYS COUNCIL OF THE ARTS; .
vvrTNESSETH
WHEREAS, the County wishes 10 enter into this 8l/I8ement with the Florida Keys
the Arts so that the Florida Keys Council of the Arts WIll act as a county.. WId
Umbrella 10 maltal8COmmendatlons 10 the MONROE COUNTY TOURIST. DEVEL
COUNCIL (TOe) and COUNTY concemlng funding for Tourism related Cullural actlv .
1. I!!!!!: The term of this ag-.nem Is for a P8dod of Ih/rty..three (33) \
conwnenclng Januaty 1, 2002 and 18nn1nating, September 30, 2004. UJHiI
recarnrnenctalI of the Tourlllt 0eIte/0pmem Council, the COUNTY may 8Xltrc:/se an ~
an addIIIonaJ two (2) Y88rB upon giving wrilIan notice 10 the Florida Keys Council of QIe A'
leu than 8Ilcty (80) days prior 10 SeptemIJ", 30, 2004. Monroe CotmIys perfanna~
obligation 10 pay und<< this agreement, is contingent upon an annUal appropriaUon ~.
COUNTY. , , .I
2. Scope of Services: The Florida Keys Council of the Arts win, provide the foI~
services: ,
a) The Florida.Keys Council of the Arts shall adminl8l8r TOe P<>I/cIes and PI'OCedUI
which will diaIrlbute on an equilable dlslrfct.w!de P8R:entage baaIe thOSe mani
l8COIllmended for an qualllled Cullurel ac:fIviIlee. The Florida Keys Councll of t
Arts wHIl1CC8pt applica1lone on an annual baslll. The Florida Keys COUncll of Ii
Arts lIhaU makel"8CClmmend8llone for changes In lDC PoIIcIae PertaIning 10 U
Cullura/ Umbt8//a as it deems appmpriale and shall Submit 'sUCh l8COmm8ndatlor
for TOC and County approval.
b) The Flol/da Keys COUncil of the Arts lIhaU advel1llle the ava/lablUIy of the Cullu,.
Umbrella program (l'8qll88t for applications) through which 8Y8nt 8pOnaol'll Ina!
apply for promouonal funding. The adwtr1isement lIhan be placed at' a minimum, Ir
a ~paper of ~ cIn:uIauon, In each of the three Primary -.. of the County,
to wit lower Keys, MIddle Keys 'and Upper Keys. ,The adv8ftisemem shall notify 01
the ~b1ft1y of funding, the IBSlJfction of such funding to PRlmotIona/ 8l<penc:fitures
and any other information which the Florida Keys Council of the Arts deems
nllCeSaary to conduct the CulIuraI Umbrella program. The FIol/da Keys Council of
the Arts may place the adv8l1lsemenls and be relmbul'lled PUl'lluant to paragraph 3
or may l'8quest TOe to place the adv8ltisements and dIrect pay the I1eWspapel'll.
c) The Aol/da Keys COUncil of the Arts shan 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 conformlly with the same rules as required for all
govemmental meetings under F.S. 286.011. The TOC administrative office shall
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e) receive a copy of the agenda at any Cultural Umbrella meetlnga,Wor!cshops at
seven (7) days prior to said meetingAvorkshop.
1) The FlorIda Keys Council of the Arts shall administer policies and Pl'lIC8durea I
wi. distribute on an equitable distrfct-wide basis those monies recommended ~
qualified Cultural activities. Funds shaD be allocated to events In each di
proportionate to the tota, revenues generated by each district. " funding avai'
under this plan to any district is not allocated for specfflc events, the mo
remaining shal be allocated to the county-wide Cultural Umbrella adVertil
campaign.
g) The recommendations of the Cultural Umbre'a Committee shall be submitted to
TOe for consideration prior to adoption of ,TOC annual budget each year, but
FlorIda Keys CoUncil of the Arts has no final authorily 10 require TOe to adopt
recommendations. me will then make recommendations to the COUNTY
allocation of funds and contracts with each individUal recipients.
h) Composillon... The Florida Keys Council of the Arts shall, in collaboration with ~
conmunity, develop criteria for selection of the members of the Recommepdatic
Committee for aPProval by the roc . and the COUNTY before any appointments al
made. Recommended appointments wiD be approved by the TOC and COUNT
and will be referenced in Exhibit A.
3. Funding: '. . ,
a. The' COUNTY shall allocate from tourist development tax funds, an amount not tl
exceed five hUlldred 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 suct1
amounts as are established within the roc budget approved by the County prior to
each fiscal year. The budget for period ending September 30, 2002 is attached
heRIIo as exhibit B and /1lCOIJIOtated herein. Monroe COUNTY and TOe will flmd
through lis Advertising and Public Relations agencies of I8COrd COlIIa of PIl:IInotIon
and adwrtIelng of cullural events; (1) directly 10 V8I1doIll upon I8Cefpt of Properry
appruved invoices or (2) l8imbu_ the event COOrdinator upon I8Ce/pt of properry
approved paid invoices and evidence of payment, subject to availability of funds.
b. No saIaIy, bonll8 or other comP8/l8alfon will be paid directly or 1ndil8Cl/y, out of the
Cullural Umbrella funds and no Cultural Umbrella fUnd. shan be USed In the
computation of any salary, bonus or other compensation to any person.
c. Admlnlstrallve costs, including but not limited 10 salaries, transportation costs, and
. malUng - PnwIousiy paid by the Predecessor contractor and lhel8fore PUlllusnt
10 BOCC Resolution No. 318-2001, shaD be borne entirely by the Florida Keys
Council 01 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 1DC and Aorida Keys Councll of The Arts money
used for advertising, promotion or any programs of either entity.
4. T enn/nation: The agreement can be terminated by either party wnh or without cause
with 120 days prior written notice.
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.Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
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5. AccoUrit/ng: Records of the Florida Keys Councl of the Arts Jl8tfa11:l1ng. tc
agreement sha. be kept on generally IllCOgnlzed accountlng Principals, acceptable to ~
County, and shall be available to t(1e COUNTY or to an authorized ~ for audll
8. Modification: AddItions to, madillcation to or deletions from the J)IOYis/ons set ro,
this ~ shall be eft'ectIve only In wriIIng and lIjlproved by COUNTY.
7. lndemn!flcatlon and Hold Harmless: The Florida Keys Council of the Arts agree
. indemnify and hold Monroe County and the Monroe County Tourist Oeve/opn,.,nt Cot
harrn1es8 for any and a8 claims, llabillly, ros- and ClItIMs of action which may arise otJ
its fWfIIhtent of the ag-ent It agrees to pay all claims and lasses, incIudlrig I8I8ted cc
C08IlI and l8lI8OIlable atIomeya fees, and shall defend all sulls flied due to the negligent ac
errors or cmlsslone of the Florida Keys Council of the Arts emp/oyees and/or Bgenfs"
8. T_ The COUNTY and TOe lII8 exempt fiDm Federal excise and St8te Fiori
Sales Tax.
a. FInances ChIll!l88: The COUNTY and TOe will not be resP0118/b1e for any linen,
charges.
10. ReIalIon of COUNTYITDC: It Is the lntent of the P8tlIes hereto that the Florida ICe)
Councl of the ArIa shall be legally considered as an independent contnJctor and that neither
nor lis empbyMs or agariCs shall, under any clrcumslance, be CClnSIcIeRId servants or agent
of the COUNTY and TOe shaD at no time be legally lB8ponsible for any n&g1lsJenc:e on the par
of said sllCCe8sllll PI"OpOser, its emp/oyees or.Bgenfs, resulting In eilher bodily or P818pnal
injury or property damage to any lIidivfdual, finn, or corporation.
11. Disclosure: The Florida Keys Council of the Arts shaH. be required to list any or aD
pol8n11s1 conIIIcIs of Interest, as deIInad by Florida Slatute 112 and Monroe County Ethics
Ordinance. The Florida Keya COUncil of the Arts shall disclose a' actual or PJ'DP08ed confIIcIs
. . . of 'nterest. financial or otherwise. dinlct or indirect, Inwlvins any cIlenrs Infeteat which may
contIid with the Interests of the COUNTY and TOe'. . .
12. AssIgMlBnt: the Florida Keya Council at the Arts shall not assign, transfar, convey,
sublet or oIherwlaa dispose of this agreemllllt, 0' of any or all of its right, tiUe 0' Infentst
therein, or his or its p-.r to BXecuI8 such contract to any P8I'son, company or colJloratton
without prior wrItIan consent of the COUNTY and TDC. .
13. Comp//ance with Laws - Hondl8crlminatron: The Florida Keya Council of the ArIa shaD
comply with alIl'aderai , slate, and Iocai laws and ordinances aPPlicable to the work or
payment for work thereof, and shall not dfscrimlnate on the arounds of race, color, religion,
sex, age or nallonal origin In the fl8rfonnance or WOrk Under this ag'-nenl This aareement
shall be subject to all federal, state, and local laws and Ordinances.
14. Force Majeure: The Florida Keya COUncil of the Arts shall not be IIabre for delay In
perfonnance or fallunt to perform, In whole or In part, the services due to the OCCUI'I8nce of
any contingency beyond its COntrol or the control of any of its subconlractors or sUPp/lets,
including labor dispute, slrike, labor shortage, war or act of war whether an actual dec/arallon
thereof if made or not, Insurrection, Sabotage, riot or c/vB commotion, act of publIc enemy,
epidemic, quarantine restriction, accident, fire, explosion, storm, fiood, drought, or other act of
God, act of any governmental authority, jurisdictional action, or insullicient supply of fuel,
electricity, or materials or SUPplies, or technical failure where the Florida Keys Councu of the
Arts has exerc/sad reasonable care In the prevention thereof. and any SUch delay or failure
shall not constitute a breach of this agreement.
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Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
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15. Govemlnq lawNenue: This agRlement shal be governed and construed II)
accordance wlIh the laws 01 the StaIB of Aorlda and constllutes the enflre ag/8ement t
the COUNTY and TOe and Florida Keya CotmcI of the Arts. Venue of any court acti
relative to this agreement shall He in Monroe County~ Florida.
18. AntisoIciIatfon: The Florida Keya CounclI of the Arts wanants that no person ha
employed or retained to solicit or secure this contract upon an agreement or underataoo
a convnlaslon, lJ8R:enfage, brokerage, or c:onc/ngent fee and that no II'Iember of the ftI
County government or the TDC has any inllll8St, financially or olheIWise In the FlorIda
Council of the Arts or its subcontractors.
17. Sewl'llbl~ If ai1y provision of the ag-.,t shall be held by a Court of com,
jUrladlcllon to be invalid or unenforceable, the I8Ir1aInder of this agreement, or the applk
of such pRllll8/on other than those as to which it Is invalid or 1II1enforceab/e, shaiI "'
atreC:ted lheI'IIby; and each Provision of the Bg'-"1ent shaa be vaJ/d and enlbrceable ..
fullest. extent permitted by law.
18. Notice: Any notlce requll'lld or P8I1nill8d under this agreement shan be In Writing
hand-dellvenad or mailed, Poslage prepaid by C8ftifIed mal, I'8lUm receipt R1quesllsd, \0
other party as follows:
For COUNTY:
Monroe County Administrator
5100 College Road
Key West, FL 33040 .
For roC:
Director. Tourist Development Council
1201lNhite 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
TOC shan give notice \0 Florida Keys Council of the Ar1s of any meetings at Which lhent Is a
agenda Item pertaining to Cultural Umbrella.
19. Ethics Clause: The Florida Council of the Ar1s warranl8 that it has not employed
retained or other wise hed act on Its behalf, any former COUNTY oflIce or employee I,
violation of SeclIon 2 or Ordinance No. 10..1990 0' any COUNTY ofIIcer 0' employee I~
vlolalion of SectIon 3 of Ordinance No. 10..1990. For breach or violation of the Jln>vislon the
COUNTY may, at its discretion IBrmJnalB this BgRlement without aabUIIy and may also, at its
discretion, deduct Ii'om the aoreement or PUn:l'lase price, or othe<wise recover, the ful amount
of any fee, commission, percentage, gift, or conslderallon pakl 10 the fanner or P~nt
COUNTY officer or employee.
20. Public Entity Crime Statement A person or aflillate who has been placed on the
convicted vendor list following a conYidlon for pubftc entity crime may not submit a bid on a
contract to provide any goods or selYlces \0 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, subconlraclor, 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 d/bla Florida Keys Council of the Arts
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section 287.017, for CATEGORY lWO for a period of 36 months ti'om the dale oj
placed on the convicted vendor fist.
IN WITNESS WHEREOF, the pai1lea have executed lhis agreement the day and yel
above written.
(SEAL)
Attest
FLORIDA KEYS COUNCil OF THe ART~
By ~JV~
(SEAL)
Affest DANNYL"KOLHAGE,c~~
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
Cultural UmbreUa Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
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EXHIBIT A
RECOMMENDAnONCOMMnTEE
The Recommendation Corrvniltee of the Florida Keys Council of the Arts Cuflura. Umbn
comprised of fiII8 (5) members, with one member representing each of the fiII8 Toe Oil
throughout the Monroe County. The membel8 sha. be appointed by the Florida Keys Cc
of the Arts and confirmed by the TOe and COUNTY.
As of the commencement of the agl'll8m&nt ell'ectlve January 1, 2002, the members shallt
District , To Se Announced
District " To Se Announced
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District III To Se Announced
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District IV To Se Announced
District V To Se Announced ,
The I8rm of a Recommendation Committee member shall be for one (I) ~r 18nnlnatin
Septeinber 30" 01 each year 01 the agl'Bmnenl New apPOintees, ra-appoIntees an
replacement membel8 shaN be confirmed by the Florida Keys Council for the Arts, lDC a",
COUNTY.
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EXHIBIT B
BUdget aa of January 1, 2002
Allocations for Events:
~ ~'oO
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Allocation for Cultural Advertising Campaign
Sub Total
$185.240
$550.800
$122.940
.Balance Brought Forward from FY 2001
* Represents event funding brought forward from CUlTent year to next fiscal yea
(October 1, 2001) for contraclual agreements.
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Cultural Umbrella Agreement
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