Item G09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: NOVEMBER 17. 2004
Division:
TDC
Bulk Item: Yes -L No
Department:
AGENDA ITEM WORDING:
Approval of Florida Keys Council of the Arts Cultural Umbrella Representative for
District II.
ITEM BACKGROUND:
TDC approved same at their meeting of October 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 21,2003.
SOCC approved Amendment to Agreement at their meeting of August 18,
2004.
CONTRACT/AGREEMENT CHANGES:
New District Representative
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: ...1.
BUDGETED: Yes -X- No
COST TO COUNTY: $
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes 1L- No
AMOUNTPERMONTH_ Year
APPROVED BY: County Ally ---X- OMBfPurc~~~ement~,
DIVISION DIRECTOR APPROVAL: ~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_ Not Required_
AGENDA ITEM #G L1
DISPOSITION:
Revised 2/27/01
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October 1, 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 the Florida Keys Council of the Arts recommends
Sherry Phillips of Big Pine Key to fill the vacant District 2 position on the Cultural
Umbrella. The approval occurred at the board workshop on September 23 and will
be ratified by the full FKCA board November 18.
Here's a little about Ms. Phillips:
She resides in Big Pine Key and has been a full time resident of the Florida Keys for
28 years. According to Nancy Herlihy at the Lower Keys Chamber of Commerce,
Sherry has served on many community projects over the years such as the highway
beautification committee and has a deep understanding of the unique environmental
qualities of the Big Pine and the lower Keys.
Ms. Phillips says, "I realize the importance of cultural arts to any SOCiety and in
particular, its importance to our economy and quality of life here in the Florida Keys.
"I am the president of the Board of my professional association, The Craniosacral
Therapy Association of North America. 1 also sit as a director of a few other non-
profit organizations. Because of this involvement I am experienced at working within
the context of groups to come to a mutual understanding through the decision
making process."
Sherry 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:
Shirley Freeman
Dist. 3 Lois Wolfe
Dist. 4 Claire Lang
Dist. 5 Tom Butler
Rocky Hubert
file
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, AMENDMENT TO AGREEMENT . ti
II', JHIS ADDENDUM to agreement is made and entered into this L 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 November 21, 2001,
between the parties, awarding an agreement for the Florida Keys Council of the
Arts to act as a County wide Cultural Umbrella to make recommendations to the
Monroe County Tourist Development Council concerning funding for Tourism
related Cultural activities; and
WHEREAS, original agreement allows for an extension of
agreement for an additional two (2) year period beyond the initial award period;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 be extended to
September 30, 2006.
2. The remaining provisions of the contract dated November 21,2001
remain in full force and effect.
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
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ATTEST:, DANNY L. KOLHAGE, CLERK
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BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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DeJS'uty Clerk
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!:'!LTURAL UMBRELLA AGREEMENT
THIS AGREEMENT :s et.~~ .j~to this2/.f1{.ay of M V 2001, by and between the
BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida, 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 County wishes to enter into this agreement with the Florida Keys Council of
the Arts so that the Florida Keys Council of the Arts will act as a county- wide Cultural
Umbrella to make recommendations to the MONROE COUNTY TOURIST DEVELOPMENT
COUNCIL (TDC) and COUNTY concerning funding for Tourism related Cultural activities.
1. Term: The term of this agreement is for a period of thirty-three (33) months
commencing January 1, 2002 and terminating' September 30, 2004. Upon the
recommendation of the Tourist Development Council, 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, 2004. Monroe County's performance and
obligation to pay under this agreement, is contingent upon an annual appropriation by the
COUNTY.
2. Scope of Services: The Florida Keys Council of the Arts will provide the following
services:
a) The 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 qualified Cultural activities. The Florida Keys Council of the
Arts will accept applications on an annual basis. The 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.
b) The Florida Keys Council of the Arts 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 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. The Florida Keys Council of
the Arts may place the advertisements and be reimbursed pursuant to paragraph 3
or may request TDC 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 TOC administrative office shall
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e) receive a copy of the agenda of any Cultural Umbrella meetingslworkshop.
seven (7) days prior to said meeting/workshop.
f) The Florida Keys Council of the Arts shall administer policies and procedure
will distribute on an equitable district-wide basis those monies recommendet,
qualified Cultural activities. Funds shall be allocated to events in each,
proportionate to the total revenues generated by each district. If funding ava
under this plan to any district is not allocated for specific events. the me.
remaining shall be allocated to the county-wide Cultural Umbrella adverb
campaign.
g) The recommendations of the Cultural Umbrella Committee shall be submitted to t
TOC for consideration prior to adoption of TOC annual budget each year, but tt
Florida Keys Council of the Arts has no final authority to require TOC to adopt it
recommendations. TOC will then make recommendations to the COUNTY fo.
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 Recommendation
Committee for approval by the TDC,and the COUNTY before any appointments 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 tax 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 roc 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 TOe will fund
through its Advertising and 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. 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 TDC 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 party with or without cause
with 120 days prior written notice.
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Monroe Council of The Arts dlbl a Florida Keys Council of the Arts
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5. Accounting: Records of the Florida Keys Council of the Arts pertaining k
agreement shall be kept on generally recognized accounting principals, acceptable to Mo~
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 l,
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
costs and reasonable attorneys fees, and shall defend all suits filed due to the negligent acts,
errors or omissions of the Florida Keys Council of the Arts employees and/or agents.
8. Taxes: The COUNTY and TOC are exempt from Federal Excise and State Florida
Sales Tax.
9. Finances Charges: The COUNTY and TDC 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 COUNTY and TDC 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 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 clienfs 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 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 COUNTY and TDC.
13. Compliance 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 Majeure: 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.
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15. Governing LawNenue: This agreement shall be governed and construed by ar.
accordance with the laws of the State of Florida and constitutes the entire agreement betw~
the COUNTY and TDC and Florida Keys Council of the Arts. Venue of any court actic;m file.
relative to this agreement shall lie in Monroe County, Florida.
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
5100 College Road
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
5100 College Road
Key West, FL 33040
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 Council of the Arts warrants that it has not employed,
retained or other wise 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 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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Monroe Council of The Arts dlbla Florida Keys Council of the Arts
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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~~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MayorIC1an
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Cultural Umbrella Agreement
Monroe Council of The Arts dlbla Florida Keys Council of the Arts
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EXHIBIT A
RECOMMENDATION COMMITTEE
The Recommendation Committee of the Florida Keys Council of the Arts Cultural Umbrella is
comprised of five (5) members, with one member representing each of the five TOe Districts
throughout the Monroe County. The members shall be appointed by the Florida Keys Council
of the Arts and confirmed by the TDC and COUNTY.
As of the commencement of the agreement effective January 1, 2002, the members shall, be:
To Be Announced
District I
District II
To Be Announced
District III
To Be Announced
District IV
To Be Announced
District V
To Be Announced
The term of a Recommendation Committee member shall be for one (I) year terminating
September 30th of each year of the agreement. New appointees, re-appointees and
replacement members shall be confirmed by the Florida Keys Council for the Arts, TDC and
COUNTY.
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Cultural Umbrella Agreement
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EXHIBIT B
Budget as of January 1, 2002
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Allocations for Events:
Sub Total
$165,240
$550,800
Allocation for Cultural Advertising Campaign
*Balance Brought Forward from FY 2001
$122,940
* Represents event funding brought forward from current year to next fiscal year
(October 1, 2001) for contractual agreements.
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10/11/01
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts