Item D10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: OCTOBER 20. 2004
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval ofan amendment to Agreement with Monroe Council of the Arts
Corporation, d/b/a Florida Keys Council of the Arts to provide for additional funds.
ITEM BACKGROUND:
TOC approved same at their meeting of August 25, 2004.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
Amendment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $72.500
BUDGETED: Yes --X- No
COST TO COUNTY: $72.500 SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes -X- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ---K-
(Harold Wheeler)
DIVISION "lRECTOR APPROVAL:
Dr
'\'~:
Included X
To Follow_
Not Required_
AGENDA ITEM # -D . 10
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe Council of the Contract #_
Arts Corporation Effective Date: 10/20/04
Expiration Date:
Contract Purpose/Description:
Approval of an amendment to Agreement with Monroe Council of the Arts
Corporation. d/b/a Florida Keys Council of the Arts to provide for
additional funds.
Contract Manager: Maxine Pacini 3523 TDC#3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 10/20/04 Agenda Deadline: 10/5/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 72,500
Budgeted? YeslZl No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
115-75035-530340- T55E-331X-530340
116-76065-530340- T56G-33 14-530340
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
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CONTRACT REVIEW
r.E,afe In
Division Director '1D../.llif
Risk Management ~
Changes
Needed
YesD NoE:(
YesD No~
Date Out
O.M.B./Purchasing #rYesD No!f2(
County Attorney W YesD No~
S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
SEP-30-04 11,43 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518
PAGE 2/2
AMEt{DMENI to AGREJII.--mr
THIS ADDENDUM to agreement is made and entered into this _ day of
2004. between the Board of County CommisSioners. Monroe County. Florida and Monroe
CCUlcil of the Arts Corporation, d/b/a Florida Keys Council of the Arts.
WHEREAS. there was a contract entered into on August 21. 2002, between the parties,
awarding $45,000 to supplement Q>. of tourist related programs; and
WHEREAS. an amendment to Agreement was entered into on January 15, 2003 to
provide additional contractual language which had been omitted in the original agreement; and
WHEREAS. additional functs are requited to perform Scope of Services outlined within
the Agreement; and
WHEREAS. the scope of setVices has been revised to include costs related to the
auditorium at Coral Shores High School;
NOW. THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1_ Paragraph 2 shall read as follows: Soope of Services:
a). Promotion of culturaUarts tourist related programs
b). Maintain culturaJlarts information services
c). Staffing administration costs
d). leasing costs for use of the auditorium at Coral Shores High School
2. Paragraph 3 shaft read as follows: Compensation: The County shall provide an
amount not to exceed $72,f)()() per year for the period of October 1. 2004 through September
30. 2005 for tourism related programs- Payments will be in eleven (11) monthly installments of
$6.041.66 and one (1) installment of $6.041.74. Monroe County's perfonnance and obligation
to pay under this agreement is contingent upon an annual appropriation by the SOCC.
3_ The remaining provisions of the contract dated August 21, 2002 remain in full
force and ~.
IN WITNESS WHEREOF. the parties have set their hands and seal on the day and year
first above written.
President
Florida Keys Council of the Arts
(SEAL)
ATTEST: DANNY l. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA
Deputy CIeri(
Mayor/Chainnan
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of 2004,
between the Board of County Commissioners, Monroe County, Florida and Monroe Council of the
Arts Corporation, d/b/a Florida Keys Council of the Arts.
WHEREAS, there was a contract entered into on August 21,2002, between the parties,
awarding $45,000 to supplement costs of tourist related programs; and
WHEREAS, an amendment to Agreement was entered into on January 15, 2003 to provide
additional contractual language which had been omitted in the original agreement; and
WHEREAS, additional funds are required to perform Scope of Services outlined within the
Agreement; and
WHEREAS, the scope of services has been revised to include costs related to the auditorium
at Coral Shores Highschool;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1 . Paragraph 2 shall read as follows: Scope of Services:
a). Promotion of cultural/arts tourist related programs
b). Maintain cultural/arts information services
c). Staffing administration costs
d). Leasing costs for use of the auditorium at Coral Shores High School
2. Paragraph 3 shall read as follows: Compensation: The County shall provide an
amount not to exceed $72,500 per year for the period of October 1, 2004 through September 30,
2005 for tourism related programs. Payments will be in eleven (11) monthly installments of
$6,041.66 and one (1) installment of $6,041.74. Monroe County's performance and obligation to pay
under this agreement is contingent upon an annual appropriation by the BOCC.
3.
effect.
The remaining provisions of the contract dated August 21,2002 remain in full force and
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
Florida Keys Council of the Arts
President
(SEAL)
A TrEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
(
(
FUNDS AGREEMENT AMENDMENT
MCAC . /
.t:IL J ./
THIS AMENDMENT is made and entered this /5 day of Htvv' /) L 'f ,
2003, by and between MONROE COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY," and Monroe Council for the Arts Corporation, d/b/a Florida
Keys Council of the Arts, hereinafter referred to as "MCAC. "
WHEREAS, an agreement was entered on August 21, 2002, between the above-named
parties; and
WHEREAS, Paragraph 3 of said agreement omitted a provision normally required by all
County contracts; and
WHEREAS, It is desired by the parties to provide such language; now therefore,
IT IS AGREED as follows:
1. The August 21, 2002 agreement between the parties Is hereby amended by adding
to Paragraph 3 the following sentence:
Payment will be made upon receipt by County of proof that
the services outlined In Paragraph 2 have been provided.
2. All other provisions of the Agreement not Inconsistent herewith shall remain In full
force and effect.
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- j/~~~'~.- ~ESS WHEREOF, the parties to this Agreement have executed this Amendment
,Qf\ ~~",~'~ear first written above.
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ",i~ >n~
Mayor/Chairperson
(SEAL)
ATTEST:
By
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MONROE COUNCIL FOR THE ARTS
CORPORATION
By /l1~
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President
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AGREEMENT
THIS AGREEMENT is entered into thisU4ay of HU L 2002, by and between the
BOARD OF COUNTY COMMISSIONERS, Monrofit\Co~da, hereinafter referred to as
the COUNTY and the MONROE COUNCIL OF THE ARTS CORPORATION d/b/a FLORIDA
KEYS COUNCIL OF THE ARTS, a non-profit corporation hereinafter referred to as the
FLORIDA KEYS COUNCIL OF THE ARTS;
WITNESSETH
WHEREAS, the Florida Keys Council of the Arts has requested funding to supplement costs
of tourist related programs,
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. Term: The term of this agreement is for a period of thirty-six (36) months commencing
October 1, 2002 and terminating September 30, 2005.
2. Scooe of Services: The Florida Keys Council of the Arts will provide the following
services:
a). Promotion of culturaVarts tourist related programs
b). Maintain culturaVarts information services
d). Staffing administration costs
These funds will not be for the purpose of administering the Cultural Umbrella for the Monroe
County Tourist Development Council.
3. Comoensation: The County shall provide an amount not to exceed $45,000 per year
for tourism related programs. Payments will be in twelve (12) monthly installments of $3,750.
Monroe County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the BOCC.
4. Termination: The agreement can be terminated by either party with or without cause
with 90 days prior written notice.
5. Accounting: Records of the Florida Keys Council of the Arts pertaining to this
agreement shall be kept on generally recognized accounting principals, acceptable to Monroe
County, and shall be available to the COUNTY or to an authorized representative for audit.
6. Modification: Additions to, modification to or deletions from the provisions set forth in
this agreement shall be effective only in writing and approved by COUNTY.
7. Indemnification and Hold Harmless: The Florida Keys Council of the Arts agrees to
indemnify and hold Monroe County and the Monroe County Tourist Development Council
harmless for any and all claims, liability, losses and causes of action which may arise out of
its fulfillment of the agreement. It agrees to pay all claims and losses, including related court
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Florida Keys Council of the Arts Agreement
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costs and reasonable attorneys fees, and shalf 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 TOC and COUNTY are exempt from Federal Excise and State Florida
Sales Tax.
9. Finances Charaes: The TOC and COUNTY will not be responsible for any finance
charges.
10. Relation of COUNTYrrOC: It is the intent of the parties hereto that the Florida Keys
Council of the Arts shall be legally considered as an independent contractor and that neither it
nor its employees or agents shall, under any circumstance, be considered servants or agents
of the TOC and COUNTY and at no time shall County or TOC be legally responsible for any
negligence on the part of said contractor, 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 TOC and COUNTY.
12. Assianment: The Florida Keys Council of the Arts shall not assign, transfer, convey,
sublet or otherwise dispose of this agreement, or of any or all of its right, title or interest
therein, or his or its power to execute such contract to any person, company or corporation
without prior written consent of the TOC and COUNTY.
13. Comoliance with Laws - Nondiscrimination: The Florida Keys Council of the Arts shall
comply with all federal, state, and local laws and ordinances applicable to the work or payment
for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age or
national origin in the performance or work under this agreement. This agreement shall be
subject to all federal, state, and local laws and ordinances.
14. Force Maieure: The Florida Keys Council of the Arts shall not be liable for delay in
performance or failure to perform, in whole or in part, the services due to the occurrence of
any contingency beyond its control or the control of any of its subcontractors or suppliers,
including labor dispute, strike, labor shortage, war or act of war whether an actual declaration
thereof if made or not, insurrection, sabotage, riot or civil commotion, act of public enemy,
epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of
God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel,
electricity, or materials or supplies, or technical failure where the Florida Keys Council of the
Arts has exercised reasonable care in the prevention thereof, and any such delay or failure
shall not constitute a breach of this agreement.
15. Govemina LawNenue: This agreement shall be governed and construed by and in
accordance with the laws of the State of Florida and constitutes the entire agreement between
the TOC and COUNTY and Florida Keys Council of the Arts. Venue of any court action filed
relative to this agreement shall lie in Monroe County, Florida.
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Florida Keys Council of the Arts Agreement
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16. Antisolicitation: The Florida Keys Council of the Arts warrants that no person has been
employed or retained to solicit or secure this contract upon an agreement or understanding for
a commission, percentage, brokerage, or contingent fee and that no member of the Monroe
County government or the TDC has any interest, financially or otherwise in the Florida Keys
Council of the Arts or its subcontractors.
17. Severability: If any provision of the agreement shall be held by a Court of competent
jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application
of such provision other than those as to which it is invalid or unenforceable, shall not be
affected thereby; and each provision of the agreement shall be valid and enforceable to the
fullest extent permitted by law.
18. Notice: Any notice required or permitted under this agreement shall be in writing and
hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the
other party as follows:
For COUNTY:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
For TDC:
Director, Tourist Development Council
1201 White Street, Suite 102
Key West, FL 33040
For FLORIDA COUNCIL OF THE ARTS:
President, Florida Keys Council of the Arts
1100 Simonton Street
Room 2-263
Key West, FL 33040
19. Ethics Clause: The Florida Council of the Arts warrants that it has not employed,
retained or other wise had act on its behalf, any former COUNTY officer or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the
COUNTY may, at its discretion terminate this agreement without liability and may also, at its
discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift, or consideration paid to the former or present
COUNTY officer or employee.
20. Public Entity Crime Statement: A person or affiliate who has been placed on the
convicted vendor list following a conviction for pUblic entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as
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Florida Keys Council of the Arts Agreement
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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, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first
above written.
(SEAL)
Attest:
FLORIDA KEYS COUNCIL OF THE ARTS
BY~~
President
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BOARD OF COUNTY COMMISSIONERS
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Florida Keys Council of the Arts Agreement