Item E10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 19,2006
Division:
TDC
Bulk Item: Y es ~ No
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of Florida Keys Council of the Arts Cultural Umbrella Representative Robert Sandifer
ITEM BACKGROUND:
TDC approved same at their meeting of April 11, 2006
Current Agreement with Florida Keys Council of the Arts requires TDC and BOCC approval of any
new appointees, re-appointees and replacement members.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement at their meeting of November 21, 2003.
BOCC approved Amendment to Agreement at their meeting of August 18, 2004.
CONTRACT/AGREEMENT CHANGES:
New District Representative
STAFF RECOMMENDATIONS:
Approval
TOT AL COST:~
BUDGETED: Yes X No
COST TO COUNTY:~
SOURCE OF FUNDS:
TDC
REVENUE PRODUCING: Yes...2L No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty N/A
OMB/Purchasing N/ A Risk Management N/A
~//7//L/<J&,~,,-~.
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
March 27, 2006
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
Bob Sandifer of Key Largo to fill the District 5 position on the Cultural Umbrella.
Bob replaces Tom Butler who has stepped down.
Mr. Sandifer's nomination occurred at the FKCA board meeting on March 23, 2006
and was approved unanimously.
His contact information is as follows:
Robert J. Sandifer
909 S. Ruby Drive
Key Largo, FL 33037
305-852-7494
sand9193@bellsouth.net
Bob has been a fuJI time resident of the Florida Keys for 20 years. A retired
businessman, Bob's background includes producing variety shows that toured
military bases; representing Decca Records; owning and operating farms and
.> processing plants in the West Indies; president of the American Club in Jamaica;
owner of seven Kentucky Fried Chicken franchises on St. Thomas and St. Croix; and
proprietor of Florida Guaranteed TV Service.
Bob says/ "I've had a continuing interest in arts, from performing with our local
group of players/ to my support and advocacy of the arts in general. I feel that the
cultural environment of our life in the Keys is of vital importance not only for our
residents but to continually attract visitors and enhance their Keys' experience,"
He 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:
Dist. 1 Shirley Freeman
1
Dist, 2 Sherry Phillips
Dist. 3 Marianne Matches
Dist. 4 Chris Sante
Rocky Hubert
2
\
\
t
(
Au.:NDMENT TO AGREEMENT
""" ~ -. ti
11. , JHIS ADDENDUM to agreement is made and entered into this ~ day
of ~ 2004, between the Board of County Commissionets. Monroe County,
Ffonda and Monroe Counci' 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 Counci' 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 initia' 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 3D. 2006.
(
2. The remaining Provisions of the contract dated November 21, 2001
remain in full force and effect.
'N WITNESS WHEREOF, the parties have set their hands and seal on the
day and year first above written.
Fforids Keys Council of the Arts
~dL(
President "'-
~L
(SeAL)
ATTEST: DANNYL.KOlHAGE,ClERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY. FLORIDA
/~/""'~ :: ft"~
Mayor hairman
.:r ~
~
0 Co 12 -.-
:.::- ~ --
;;,1 _ .:tilt iI'1
C' . ~ 0
1 ~ :
~. I'\) "11
~~ <:) (::)
.. ::0
........1,,--:- r .till :::J
:< .---1 ;: =c :-,
." ;.. ~ ;-
r- ..."") -~
)at ,..., 0 ~. ~.
.0'"
....., -'
G.~~'r~/~
DepUty Clerk
J;:)W'1 "~_'\"
. '. t'.._ J '. . ( M
- ""\~ I:, TON
.; c -7 /i:o/1~A,'JE,(
}
"
.,r\
.~I}~r'JRAL UMBRELLA AGREEMENT
( THIS AGREEME~r; 'g ~r.: :,r~~ into this 2/~~ay of A~ ,/ 2001, b.,. and between t
BOARD OF COUNlY COMMISSIONERS. Monroe County, Florida, hereinafter referred to
the COUNTY and the MONROE COUNC'L OF THE ARTS CORPORA TJON d/b/a FLORI[
KEYS COUNCIL OF THE ARTS, a non~profit corporation hereinafter referred to as tt
FLORIDA KEYS COUNCil OF THE ARTS;
WITNESSETH
WHEREAS. the County wishes to enter into this agreement with the Florida Keys Council (
the Arts so that the Florida Keys Counci' of the Arts will act as a county- wide Cultur~
Umbrella to make recommendations to the MONROE COUNTY TOURIST DEVElOPMEN~
COUNCIL (TOC) 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 fOI
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 Florfda Keys Council of the Arts will provide the fallowing
services:
a) The Florida Keys Council of the Arts shall administer TOe 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 Counci' of the
Arts shall make recommendations for changes in TOC POlicies pertaining to the
Cultural Umbrella as it deems appropriate and shall submit such recommendations
for TOe 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 TOC 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} AJI meetings related to the administration of the CultUral Umbrella shall be open to
the public and property noticed, in conformity with the same rufes as required for all
governmental meetings under F.S. 286.011. The TOC administrative office shaff
1 0/11/01
\
./
(
(
(
\
e) receive a copy of the tlgenda of any Cultural Umbreffa meetingSl\vorkshops at IE
seven (7) days prior to said meetingJ\vOrkshop.
t) The Aorida Keys Council of the Arts shall administer policies and prOCedures wt
will distribute on an equitable district-wide basis those monies recommended for
qualified Cultural activities. Funds shall be allocated to events in each dist
proportionate to the total revenues generated by each district. If funding availal
under this plan to any district is not allocated for specific events, the moni
remaining shall be allocated to the county-wide Cultural Umbrella advertisij
campaign.
g) The recommendations of the Cultural Umbrella Committee shall be submitted to tt
TOC for consideration prior to adoption of TOC annual bUdget each year. but tt
Florida Keys Council of /he Arts has no final authority to require TOC to adopt i
recommendations. TOe will then make recommendations to the COUNTY fc
allocation of funds and contracts with each individual recipients.
h) Composition- The Florida Keys Council of the Arts shalf. in collaboration with thl
community, develop criteria for selection of the members of the Recommendatio,
Committee for approval by the TOe. and the COUNTY before any appointments are
made. Recommended appointments will be approved by the TOe and COUNT't
and wi" be referenced in Exhibit A.
3. FundinQ:
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 TOe budget approved by the County prior to
each fiscal year. The budget for period ending September 30, 2002 is attached
hereto as Exhibit S and incorporated herein. Monroe COUNTY and TOe wi" fund
through its Advertising and Public Relations agencies of record costs of promotion
and advertisIng of cullurat events; (1) directly to vendors upon rec:ejpt of property
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 Resolutfon No. 316-2001, shalf be borne entfrely 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 Ihe amount ofTDC 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.
2
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
10/11/01
(
5. Accounting: Recoms of the Florida Keys Council of the Arts pertaining to
agreement shaN be kept on generally recognized accounting principals, acceptable to Mal
County, and shall be available to the COUNTY or to an authOrized representative for audit.
6. Modiflcation: Additions to, modillcation to or deletions from the prOVisions set forti
this agreement shall be effective only In writing and approved by COUNTY,
7, Indemnillcation and Hold Hanntess: The Florida Keys Council of the Arts agrees
indemnify and hold Monroe County and the Monroe County Tourist Development CaUl
hannfess for any and all claims, liability, losses and causes of action which may arise out
its fu/lillment of the agreement. It agrees to pay aN claims and losses, inclUding related COI
costs and reasonable attorneys fees, and shall defend all suits filed due to the negligent ael
errors or omissions of the Florida Keys COUncil of the Arts employees and/or agents.
a, Taxes: The COUNTY and me are exempt from Federal Excise and State Florio
Sales Tax.
g. Anances Charges: The COUNTY and TOC wiN not be responsible for any /inane
charges.
10. Relation of COUNTYITDC: It Is the intent of the parties hereto that the Florida Key,
Council of the Arts shall be legally considered as an Independent contractor and that neither i
nor ita employees or agents shall, under any circumstance, be considered servants or agent.
of the COUNTY and me 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 conflfcta of interest, as delined 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, linancial or otherwise, direct or Indirect, InVOlving any c1lenfs interest which may
conflict with the interests of the COUNTY and TOC.
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 ils 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 TOC.
13. Compliance with laws - NondiscrimInation: The Florida Keys Council of the Arts shall
comply with aD federal, state, and I<lcal laws and omlnances applicable to the work Or
payment for WOr1c thereof. and shall not diScriminate on the grounds of race, color, religton,
sex, age or national origin in the performance or work under this agreement. This agreement
shall be subject to alf federal. state, and focal laws and ordinances.
14. Force Majeure: The Fiorida Keys CounCil of the Arts shall not be liable for delay in
performance or tailure to perform. in whole or in part, the services due to !he 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 aet of war whether an actual declaration
thereof if made or not, insurrection, sabotage, riot or c/vil commotion. acl of public enemy,
epidemic, quarantine reslrietion, accident, fire, explosion, slorm, flood, drought, or other act of
God, act of any governmental authority, jurisdictional action. or insufficient supply of fuel,
electriCily, 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
3
Cultural Umbrella Agreement
Monroe Council of The Arts d/b/a Florida Keys Council of the Arts
10/11/01
(
I
\
(
(
15. Goveming lawNenue: This agreement shall be governed and construed by ar
accordance with the laws of the State of Florida and COnstitutes the entire agreement bem
the COUNTY and TOC and Florida Keys Council of the Arts. Venue of any court acti<;ln .
relative to this agreement shall lie in Monroe County, Frorida.
16. Antfsolicitallon: The Florida Keys Council of the Arts warrants that no person has b,
employed or retained to solicit or secure this contract upon an agreement or understanding
a commission. percentage. brokerage. or contingent fee and that no member of the Mon,
County government or the TOC has any interest, financially or otherwise in the Florida K.
Council of the Arts or its subcontractors.
17. Severabil~: If any ProVision of the agreement shall be held by a Court of compete
jUriSdiction to be Invalid or unenforceable, the remainder of this agreement, or the applicall,
of such provision other than those as to which it is invalid or unenforceable, shall not t
affected thereby; and each ProVision of the agreement shall be valid and enforceable to t~
fuJfest extent permitted by 'aw.
18. Notice: Any notice required or pennil/ed under this agreement shall be In writing an,
hand-dellvered 01' mailed, postage prepaid by certified mail, relllrn receipt requested, to th,
other party as follows:
For COUNTY:
Monroe County Administrator
5100 College Road
Key West, FL 33040
For TOe:
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
TOe Shall give notice to Florida Keys Council of the Arts of any meellngs 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 o/lice or employee In
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY o/licer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or ViOlation of tha 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, COn1T1ission, 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
contraetto provide any goods or services to a pUblic entily. 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
4 10/11/0 I
Cultural Umbrella Agreement
Nlonroe Council of The Arts d/b/a Florida Keys Council of the Arts
I
(
section 287.017, for CATEGORY TWO for a period of 36 months from the date of I
placed on the convicted vendor list.
IN WITNESS WHEREOF. the parties have executed this agreement the day and year
above written.
(SEAL)
Attest:
FLORIDA KEYS COUNCIL OF THE ARTS
By ~.A;/ /~(! ~.
(SEAL)
Attest: DANNY L. KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
(
Mayor/etan
Cultural Umbrella Agreement
NIonroe Council of The Arts d/b/a Florida Keys Council of tne Arts
5
10/11/01
/
EXHIBIT A
The Recommendation Committee of the Florida Keys Council of the Ms Cultural Umbrel
comprised of five (5) members, with one member representing each of the five TOC Dist
throughout the Monroe County. The members shall be appointed by the Florida Keys COL
of the Arts and confirmed by the TOC and COUNTY.
RECOMMENDATION COMMITI"EE
-
As of the commencement of the agteement effective January 1, 2002, the members shall b.
District ,
To Be Announced
District "
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 terminatin~
September 30'" of each year of the agreement New appointees, re-appolntees and
replacement members shall be confirmed by the Florida Keys Council for the Arts, TOC and
COUNTY.
Cultural Umbrella Agreement
,L\tfonroe Council of The Arts d/b/a Florida Keys Council of rhe Arts
6
lO/1110 1
I~
. ..,
( I
l"
(
EXHIBIT B
BUdget as of January 1, 2002
Sub Total
, . 'J
'~<'b S >~). .'
$24-4;800-
$165.240
$550.800
Allocations for Events:
Allocation for Cultural Advertising Campaign
*Ba'ance Brought Forward from FY 2001
$122,940
· Represents event funding brought forward from current year to next fiscal yea,
(October 1, 2001) for contractual agreements.
(
.~
. ~: ,
... c/o "- ",
./ '
_s
, ',;
"
, " . (
I" ' I j~ ..
j: ." '....,
, .
;j' ~
/..} ;
..- \', ...
'.
--\
/
,) 'I
t ,d'."'. ~
I, J .....-- .
v~
~/'
/
, -"
Cultural UmbreHa Agreement
.iVfonroe Council of The Arts d/b/a Florida Keys Council of the Arts
7
10/11/01