Item B07 B7
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Budget Meeting Meeting
September 11, 2024
Agenda Item Number: B7
2023-2903
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Andrew Roltsch
AGENDA ITEM WORDING:
Approval of Fiscal Year 2025 agreement with Monroe Council of the Arts Corporation d/b/a Florida
Keys Council of the Arts in the amount of$87,800.00.
ITEM BACKGROUND:
The Florida Keys Council of the Arts has historically been funded directly from the BOCC. The
funding requested by the Council of the Arts for FY2025 is the same amount that was requested in
FY2024.
PREVIOUS RELEVANT BOCC ACTION:
The funding ($87,800.00) for the Florida Keys Council of the Arts was approved by the BOCC on
September 20, 2023, during the adoption of the final Operating Budget for Fiscal Year 2024. The
BOCC approves a grant agreement each year to provide funding for the upcoming fiscal year and a
funding allocation during the budget adoption process.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
BOCC Request letter 24 25 Arts Council.pdf
Contract m FL Keys Council of the Arts FY25.pdf
96
FINANCIAL IMPACT:
Source Memo Amount Timing
001-01512 • FINE ARTS COUNCIL $87,800.00 9/11/2024
97
keys
We Support We Connect We Promote o We Give
tLO A KEYS ww �keysarts.corn
COUNCIL Of THE r t s
June 2024
Mayor Holly Merrill Raschein
Mayor Pro Tm airs Scholl
Commissioner Michelle Lincoln
Commissioner David Rice
Commissioner Craig Cates
Acting County Administrator Kevin Wilson
Budget Director Tina Boan
Grants Coordinator 4ksana Christow
Dear Ladies and Gentlemen.
The Florida Keys Council of the Arts requests$87,800 for the fiscal year 2024-2025.
As requested,please find attached an overview of the Florida Keys Council of the Arts,a list of
staff responsibilities,a description of the services we provide and support materials.
For more details,we invite you to visit www.keysarts.com.you will find the annual
report,articles of incorporation, by-laws,990,audit and information on all programs and
services,as well as a wealth of"information on all the cultural organizations throughout the Keys
that daily add creativity and diversity to our vibrant island life.
We contribute with the other cultural non-profit organizations in the Keys to an annual
economic impact of over$86 million.This sum does not even consider the economic impact of the
for-profit arts businesses such as galleries and other cultural events.We are proud to support,
connect and promote all the arts,in all the Keys,all the time_
Your continued funding of general operating expenses will allow us to secure other
specific project funding from writing grants and raising private funds,and to administer essential
grant programs and services to our community.We are proud of the quality cultural and arts
organizations that contribute to the success of the Florida Keys as a premier destination known
for its rich history and diverse culture.As the designated Local Arts Agency for the County,we
thank you and appreciate your generous ongoing support.
Sincerely,
Joyc ur zabeth Yo
Cha ,Board of Directors Executive Director
Historic Gato building 1100 Simonton Street,Suite -263 m Key West,Florida 33+040
305-295-4369 a Fax 30 -295-4372 - info@keysarts.carn
98
AGREEMENT
This Agreement is made and entered into this 111h day of September 2024, between the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as
"Board"or"County,"and Monroe Council of the Arts Corporation d/b/a Florida Keys Council
of the Arts, hereinafter referred to as "PROVIDER."
WHEREAS, the PROVIDER is a not-for-profit corporation established to perform and carry
out the development, coordination and promotion of the arts throughout Monroe County, and
WHEREAS, it is a legitimate public purpose to provide facilities and services for the
development, coordination and promotion of the arts in Monroe County, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
FUNDING
1. AMOUNT OF AGREEMENT. The Board, in consideration of the PROVIDER substantially
and satisfactorily performing and providing services for the development, coordination and
promotion of the arts in Monroe County, shall pay to the PROVIDER the sum of EIGHTY-SEVEN
THOUSAND EIGHT HUNDRED AND NO/DOLLARS ($87,800.00) for fiscal year 2025.
2. TERM. This Agreement shall commence on October 1, 2024, and terminate
September 30, 2025, unless earlier terminated pursuant to other provisions herein.
3. PAYMENT. Payment will be made periodically, no less than quarterly but no more
frequently than monthly, as hereinafter set forth. Reimbursement requests will be submitted to
the Board via the Office of Management and Budget. Reimbursement request and supporting
documentation must be acceptable to the Clerk's Finance Office. Acceptability to the Clerk is based
on generally accepted accounting principles and such laws, rules and regulations as may govern
the Clerk's disbursal of funds. The County shall only reimburse, subject to the funded amounts
below, those reimbursable expenses which are reviewed and approved as complying with Monroe
County Code of Ordinances, State laws and regulations and Attachment A - Expense
Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a
letter, summarizing the expenses, with supporting documentation attached. (The Office of
Management and Budget may accept Reimbursement Requests electronically, but only
when submitted and formatted in a PDF file with cover letter and attachments together
in one (1) file.) The letter should contain a notarized certification statement. An example of a
reimbursement request cover letter is included as Attachment B. The organization's final invoice
must be received within thirty days after the termination date of this contract shown in Article 2
above.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the PROVIDER. However, the total of said reimbursement expense payments
in the aggregate sum shall not exceed the total amount shown in Article 1, above, during the term
of this agreement.
4. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued at a
level sufficient to allow for continued reimbursement of expenditures for services specified herein,
this agreement may be terminated immediately at the option of the Board by written notice of
termination delivered to the PROVIDER. The Board shall not be obligated to pay for any services
or goods provided by the PROVIDER after the PROVIDER has received written notice of termination,
unless otherwise required by law.
Contract-Monroe Council of the Arts-FY25;page 1
99
S. PURCHASE OF PROPERTY. All property, whether real or personal, purchased with
funds provided under this agreement, shall become the property of Monroe County and shall be
accounted for pursuant to statutory requirements. Funding under this agreement shall not be used
to purchase capital assets.
RECORDKEEPING
6. RECORDS AND RIGHT TO AUDIT. PROVIDER shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of ten
(10) years from the termination of this agreement. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for ten (10) years
following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to PROVIDER pursuant to this Agreement were spent for purposes not
authorized by this Agreement, or were wrongfully retained by the PROVIDER, the PROVIDER shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running
from the date the monies were paid by the COUNTY.
Right to Audit. Availability of Records. The records of the parties to this Agreement relating to
the Project, which shall include but not be limited to accounting records (hard copy, as well as
computer readable data if it can be made available; subcontract files (including proposals of
successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original
estimates; estimating work sheets; correspondence; change order files (including documentation
covering negotiated settlements); back charge logs and supporting documentation; general ledger
entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends;
any other supporting evidence deemed necessary by County or the Monroe County Office of the
Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this agreement, and all other agreements, sources of information and matters that may
in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any
matters, rights, duties or obligations under or covered by any contract document (all foregoing
hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by County's representative and/or agents or the County Clerk. County or County
Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges, verifying
information and amounts through interviews and written confirmations with employees,
Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)
years after Final Completion of the Project. The County Clerk possesses the independent authority
to conduct an audit of Records, assets, and activities relating to this Project. If any auditor
employed by the Monroe County or County Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S.,
running form the date, the monies were paid to Contractor. The right to audit provisions survives
the termination of expiration of this Agreement.
In addition, if PROVIDER is required to provide an audit as set forth in Section 8(e) below, the audit
shall be prepared by an independent certified public accountant (CPA) with a current license, in
good standing with the Florida State Board of Accountancy.
7. PUBLIC ACCESS. The County and PROVIDER shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and PROVIDER in conjunction with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by PROVIDER.
Contract-Monroe Council of the Arts-FY25;page 2 100
S. COMPLIANCE WITH COUNTY GUIDELINES. The PROVIDER must furnish to the
County the following (items (a)-(j) must be provided prior to the payment of any invoices):
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
(b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute
496.405 and the Florida Department of State as require by Florida Statute 617.01201 or
proof of exemption from registration as per Florida Stature 496.406.
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors;
(e) Unqualified audited financial statements from the most recent fiscal year for all organizations
that expend $150,000 a year or more; if qualified, include a statement of deficiencies with
corrective actions recommended/taken; audit shall be prepared by an independent certified
public accountant (CPA) with a current license, in good standing with the Florida State Board
of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the
County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. The County shall be considered an "intended recipient" of said
audit.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers;
(h) Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
(i) Specific description or list of services to be provided under this contract with this grant (see
Attachment C);
(j) Annual Performance Report describing services rendered during the most recently completed
grant period (to be furnished within 180 days after the contract end date.) The performance
report shall include statistical information regarding the types and frequencies of services
provided, and outcomes achieved (see Attachment D);
(k) Cooperation with County monitoring visits that the County may request during the contract
year; and
(1) Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year.
COUNTY FORMS
By signing this Agreement, GRANTEE has sworn or affirmed to the following requirements as set
forth in the Ethics Statement and non-collusion affidavit, as set forth in more detail in this
Agreement.
9. ETHICS CLAUSE. By signing this Agreement, the GRANTEE warrants that he/it has not
employed, retained or otherwise had act on his/her behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this Agreement without liability and may also, in 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 County officer or employee.
10. NON-COLLUSION AFFIDAVIT. GRANTEE by signing this Agreement, according to
law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of
the firm of GRANTEE, the bidder making the Proposal for the project described in the Scope of Work
Contract-Monroe Council of the Arts-FY25;page 3 101
and that I executed the said proposal with full authority to do so; the prices in this bid have been
arrived at independently without collusion, consultation, communication or agreement for the
purpose of restricting competition, as to any matter relating to such prices with any other bidder
or with any competitor; unless otherwise required by law, the prices which have been quoted in
this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no
attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition; the
statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
11. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES. Grantee under penalty of perjury attests that Grantee does not use coercion for labor
or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person
without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or
purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Grantee, I certify under penalties of perjury that Grantee
does not use coercion for labor or services in accordance with Section 787.06. Additionally, Grantee
has reviewed Section 787.06, Florida Statutes, and agrees to abide by same.
RESPONSIBILITIES
12. SCOPE OF SERVICES. The PROVIDER, for the consideration named, covenants and
agrees with the Board to substantially and satisfactorily perform and provide the services outlined
in Attachment C to residents of Monroe County, Florida.
13. ATTORNEY'S FEES AND COSTS. The County and PROVIDER agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
14. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and PROVIDER and their respective legal
representatives, successors, and assigns.
Contract-Monroe Council of the Arts-FY25;page 4 102
15. CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
16. NO SOLICITATION/PAYMENT. The County and PROVIDER warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon
or resulting from the award or making of this Agreement. For the breach or violation of the
provision, the PROVIDER agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
17. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the
PROVIDER is an independent contractor and not an employee of the Board. No statement contained
in this agreement shall be construed so as to find the PROVIDER or any of its employees,
contractors, servants or agents to be employees of the Board.
COMPLIANCE ISSUES
18. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the
PROVIDER shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provision of such services, including those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the PROVIDER.
19. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall assure
that all professionals have current and appropriate professional licenses and professional liability
insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state
and/or federal certification and/or licensure of the PROVIDER'S program and staff.
20. NON-DISCRIMINATION. The COUNTY and PROVIDER agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court order.
The COUNTY and PROVIDER agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment
on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and
527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
Contract-Monroe Council of the Arts-FY25;page 5 103
nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
AMENDMENTS, CHANGES, AND DISPUTES
21. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the services
and/or reimbursement of services shall be accomplished by an amendment, which must be
approved in writing by the County.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and PROVIDER agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. The PROVIDER and County staff shall try to resolve
the claim or dispute with meet and confer sessions to be commenced within 30 days of the dispute
or claim. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this agreement or by
Florida law. Any claims or dispute that the parties cannot resolve shall be decided by the Circuit
Court, 161" Judicial Circuit, Monroe County, Florida.
23. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and PROVIDER agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and PROVIDER specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
ASSURANCES
24. COVENANT OF NO INTEREST. County and PROVIDER covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
25. NO ASSIGNMENT. The PROVIDER shall not assign this agreement except in writing
and with the prior written approval of the Board, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This agreement shall be incorporated by
reference into any assignment and any assignee shall comply with all of the provisions herein.
Unless expressly provided for therein, such approval shall in no manner or event be deemed to
impose any obligation upon the Board in addition to the total agreed upon reimbursement amount
for the services of the PROVIDER.
26. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the PROVIDER in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the County be required to contain any provision
for waiver.
27. ATTESTATIONS. PROVIDER agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
Contract-Monroe Council of the Arts-FY25;page 6 104
28. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
INDEMNITY ISSUES
29. INDEMNIFICATION AND HOLD HARMLESS. The PROVIDER covenants and agrees
to indemnify and hold harmless Monroe County Board of County Commissioners from any and all
claims and causes of action for medical malpractice, medical negligence, bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the PROVIDER occasioned by the negligence,
errors, or other wrongful act or omission of the PROVIDER'S employees, agents, or volunteers.
30. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees
outside the territorial limits of the County.
31. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
32. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
33. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon
the terms of this Agreement to enforce or attempt to enforce any third-party claim or entitlement
to or benefit of any service or program contemplated hereunder, and the County and the PROVIDER
agree that neither the County nor the PROVIDER or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or group
of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
GENERAL
34. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
35. NOTICE. Any notice required or permitted under this agreement shall be in writing
and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the
other party as follows:
Contract-Monroe Council of the Arts-FY25;page 7 105
For Board:
Grants Administrator and Monroe County Attorney
1100 Simonton Street PO Box 1026
Key West, FL 33040 Key West, FL 33041
For PROVIDER
Liz Young, Executive Director
Monroe Council of the Arts Corporation
d/b/a Florida Keys Council of the Arts
1100 Simonton Street, Suite 2-263
Key West, FL 33040
305-295-4369
305-295-4372 FAX
36. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This
Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and PROVIDER agree that venue will
lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and PROVIDER agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
37. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach,
either of the same conditions or covenants or otherwise.
38. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and PROVIDER agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
39. CLAIMS FOR FEDERAL OR STATE AID: PROVIDER and COUNTY agree that each
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of funding that effect the Scope of
Services will be provided to each party.
40. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the PROVIDER and the Board.
[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
Contract-Monroe Council of the Arts-FY25;page 8 106
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of
the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By....... By ............
As Deputy Clerk Mayor/Chairman
Monroe Council of the Arts Corporation
or Z�4"L'Ct F (Federal ID No, 0-7 3-7 53-a-
Witness
B
Y .
Witness dXecutave �rector
Contract-Monroe Council at the Arts-FY25;page 9 107
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service and Community-Based
Organizations, county travelers, and contractual parties who have reimbursable expenses
associated with Monroe County business. These guidelines, as they relate to travel, are from the
Monroe County Code of Ordinances and State laws and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense
request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that the
attached expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with the Monroe
County Board of County Commissioners and will not be submitted for reimbursement to any other
funding source."
Invoices should be billed to the contracting agency. Third party payments will not be considered
for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department reserves
the right to review reimbursement requests on an individual basis. Any questions regarding these
guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not considered
reimbursable expenditures unless appropriate payroll journals for the charging department are
attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a
Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total
hours worked, withholding information and paid payroll taxes, check number and check amount. If
a Payroll Journal is not provided, the following information must be provided: pay period, check
amount, check number, date, payee, and support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for reimbursement.
For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a
sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Contract-Monroe Council of the Arts-FY25;page 10 108
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the number
called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with
Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not
acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the
agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the
airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement
requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are
not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's
residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable
travel expense at the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must
be registered and paid for by traveler. The County will only reimburse the actual room and related
bed tax. Room service, movies, and personal telephone calls are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading
must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a
residence or office to a point of departure. For example, driving from one's home to the airport for
a business trip is not a reimbursable expense.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS,
AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel
must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch
reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures (unless
specifically included in the contract), contributions, depreciation expenses (unless specifically
included in the contract), entertainment expenses, fundraising, non-sufficient check charges,
penalties and fines.
Contract-Monroe Council of the Arts-FY25;page 11 109
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for (Organization name) for the time period of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total $ X,XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X,XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and
in agreement with the records of this organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
County of
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization,
this _day of (month), _ (year), by _ (name of officer or
agent, title of officer or agent) of (name of entity).
Personally Known
Produced Identification: Type of ID and Number on ID_
(SEAL)
Signature of Notary
Name of Notary (Typed, Stamped or Printed)
Notary Public, State of
Contract-Monroe Council of the Arts-FY25;page 12 110
ATTACHMENT C
Specific description and list of services to be provided under this contract:
Overview of the Florida Keys Council of the Arts
Fiscal Year 2023-2025
Monroe Council of the Arts Corporation d/b/a Florida Keys Council of the Arts is the liaison among
cultural organizations, all levels of government and the private sector in advancing and promoting
the arts throughout Monroe County. The Council endeavors to make the arts a part of the fabric of
daily life.
Vision Statement: The vision of Florida Keys Council of the Arts is to enrich the arts and enhance
the cultural heritage of the Florida Keys.
Mission Statement: The mission of the Florida Keys Council of the Arts is to advance the creative
development and promotion of the arts in our cultural community by providing excellence in
leadership, advocacy, education and financial support for artists, cultural organizations, and citizens
of Monroe County.
Cultural Equity statement: The Florida Keys Council of the Arts is committed to ensuring that
everyone in our community has equal access to the arts and the fundamental right to express their
culture through the arts. We believe the arts have the power to change hearts and minds and
inspire social change.
The Florida Keys Council of the Arts is designated by the Board of County Commissioners as the
Local Arts Agency (LAA) as provided by Florida Statute 286.011.
The scope of services as stated in FKCA's contract with the BOCC for the period April 16, 1997,
through September 30, 2031, is to provide the program development and sponsorship necessary
to accomplish within Monroe County the goals and purposes set forth in the Florida Fine Arts Act of
1980.
BOCC funding supports some of the administrative costs of Florida Keys Council of the Arts (FKCA).
This provides the arts council the ability to secure specific project funding through writing grants
and raising private funds and then to administer various grant programs. Although many arts
councils in the State of Florida and nationally are divisions or departments of County governments,
FKCA is established as a nonprofit organization in a public-private partnership with Monroe County.
Allowable expenses for which FKCA may receive reimbursement from the BOCC are typically listed
as data processing, PC time, payroll, postage, delivery, productions, supplies, telephone, and travel
expenses.
Services to be provided by the
Florida Keys Council of the Arts under the 2023/24 Agreement with the
Board of County Commissioners of Monroe County, Florida
The current staff consists of three full time persons, the Executive Director, Elizabeth Young,
Business Manager, Martha Resk and Executive Assistant and Marketing/Public Relations Specialist,
Cynthia Page. They are assisted by two part-time people, Special Event and Public Art Specialist,
Reen Stanhouse and one contractor, Website Administrator, Kati Van Aernum, volunteers, including
board members, also provide valuable services to the operations.
The Responsibilities of the Florida Keys Council of the Arts (FKCA) staff are as follows.
1. Provide professional support and technical assistance to the FKCA board.
Contract-Monroe Council of the Arts-FY25;page 13 111
ATTACHMENT C (continued)
2. Provide all administrative support and technical assistance to the Art in Public Places (AIPP)
Board.
3. Provide professional support and technical assistance to the Cultural Umbrella (CU)
committee of the Tourist Development Council (TDC).
4. Advertise all meetings of the FKCA board, AIPP, Cultural Umbrella, and other committees
pursuant to Florida's Government in the Sunshine standards.
5. Manage additional art in public buildings programs not under the supervision of the AIPP
committee.
6. Secure non-county funds such as grants and public and private donations to support grants,
programs, services, and scholarships for residents listed here:
a. Artists in Schools
b. Art Builds Community
c. Special Project Grant
d. Key West Writers Guild Award
e. South Florida Cultural Consortium Visual and Media Artist Fellowship
f. Arts in Hospital
g. Hurricane Emergency Grants
h. Pandemic Emergency Grants
7. Manage Cultural Umbrella grant program, funded by tourist-tax dollars, under contract to
the Tourist Development Council and described in (15), below.
S. Manage all the above-mentioned grant programs.
9. Secure funds and administer Artists in Schools grants.
10. Secure funds and administer Art Builds Community grants.
11. Secure funds and administer Key West Writers Guild Award.
12. Secure funds and administer Special Project Grants.
13. Secure funds and administer South Florida Cultural Consortium Visual & Media Artists
Fellowships.
14. Secure funds and administer Cultural Umbrella grants.
15. Partner with TDC, and secure tourist tax and non-county funds such as grants, ad revenue
and private donations to support publications of benefit to tourists as well as residents:
a. Gallery Guide
b. KeysArts Quarterly Cultural Events Brochure
c. Culture Magazine
16. Maintain website http://www.keysarts.com
17. Recruit and retain members
18. Perform general office tasks
19. Bookkeeping
SUMMARY
The Florida Keys Council of the Arts is a non-profit, 501(c) (3) corporation serving a public purpose.
It has been in a contractual relationship with local county government since 1997. FKCA is
incorporated with the State of Florida and recognized by the IRS as the Monroe Council of the Arts
Corporation, dba Florida Keys Council of the Arts, FEIN 65-0737532. Governing documents,
including the articles of incorporation, bylaws and strategic plan are available for review on the arts
council's award-winning website, www.keysarts.com.
FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is an
important component of the tourist-based economy. Additionally, FKCA serves local residents
including school children and the elderly. FKCA connects local artists and arts organizations with
one another, with their audiences and with the world. It serves 75,000 local residents and 4.4
million visitors annually. A nine-member board of directors guides the council, assisted by three
Contract-Monroe Council of the Arts-FY25;page 14 112
ATTACHMENT C (continued)
alternate directors, two director's emeritus and many advisory board members. Daily functions are
carried out by the executive director, staff, and valued volunteers.
FKCA funding is provided by the Monroe County Board of County Commissioners, the Tourist
Development Council, members, donors, private donations, and grant makers, including the
Community Foundation of the Florida Keys, the South Florida Cultural Consortium, the State of
Florida, Department of State, Division of Cultural Affairs, the Florida Council on Arts and Culture,
and the National Endowment for the Arts.
Scope of Services provided by the Florida Keys Council of the Arts for the Tourist Development
Council 2023 — 2025 contract.
FKCA is the main source of information on arts and culture in the Keys. Cultural tourism is a
significant component of the tourist-based economy.
Responsibilities include:
a. Provide a central point of contact in the promotion of the arts, artists and cultural
organizations in the county.
b. Act as advocate and liaison in contacts with the community, media, county
commissioners, and cultural organizations both within and outside the county.
c. Manage and update a comprehensive web site which includes an annual calendar of events
d. Maintain a comprehensive database of artists, organizations and patrons
e. Collect and disseminate cultural event information
f. Interact effectively with all staff of the TDC, Tinsley Advertising and NewmanPR Associates
g. Participate in state and national economic survey data collection and reporting efforts to
stay current in tourism trends.
h. Request and manage monthly TDC reimbursements
i. Provide program management and development
j. Manage the revolving art in public buildings program in two airports, ten county buildings
and commissioners' offices.
k. Represent the FKCA in national, state and local cultural associations and inform the Board
of all major initiatives undertaken by these organizations to promote tourism.
I. Outreach to artists and cultural organizations in the Keys and beyond
m. Engage in event planning and implementation in partnership with other community
organizations such as MARC House, Tropic Cinema, Key West Maritime Society, etc.
Publish and distribute publications of benefit to tourists as well as residents:
Gallery Guide
i. The Gallery Guide is a popular fold-out map and guide to more than 50 Keys' art
galleries. All galleries are eligible to participate by sharing in the cost of
production.
ii. 15,000 copies are distributed annually to over 200 Keys' locations, including
hotels, guesthouses, chambers, and museums.
iii. The Gallery Guide is also included in national and international press kits and
distributed at travel trade shows.
iv. The Gallery Guide is updated in both content and style to maintain its appeal and
accuracy.
KeysArts Quarterly Cultural Events Brochure
V. KeysArts is a printed comprehensive cultural calendar listing all of the cultural
events including theater, concerts, gallery receptions and exhibits, festivals,
Contract-Monroe Council of the Arts-FY25;page 15 113
ATTACHMENT C (continued)
dance, literary and museum programs happening throughout the Keys in a three-
month period.
vi. 17,000 copies are distributed annually to over 200 Keys' locations
vii. KeysArts is also included in national and international press kits and distributed
at travel trade shows.
Culture Magazine
viii. Culture Magazine produced by Tinsley Advertising in cooperation with the Cultural
Umbrella committee.
ix. The magazine is an annual insert in the In-Room Concierge hard cover book
placed in hotel rooms throughout the Keys.
X. In addition to the insert, free-standing copies are printed and distributed locally
by the Arts Council. It is included in national and international press kits and
distributed at travel trade shows.
xi. Culture Magazine is currently the most downloaded brochure on the TDC's award
winning website, www.fla-keys.com
Our website — www.keysarts.com
o FKCA's website provides complete information, in a visually attractive and easy to
navigate format using contemporary graphic design, for visitors and residents about the
arts and culture scene from Key Largo to Key West.
o It has a direct link to the TDC website
o It provides contact information and direct links to all Keys' cultural organizations by
category for easy reference for visitors
o The Cultural Calendar is posted and e-mailed to media, members, and the public on a
weekly basis along with other timely arts information in an attractive newsletter format
o Art in Public Places installations and photos are posted
o Calls to Artists are kept current and posted monthly
o Interactive Artists Registry is available
o Press releases are archived
Compile, write, edit, and publish cultural event calendar listings and calls to artists in various
formats
a. Gather and edit cultural information by phone, mail and e-mail with visual, literary, and
performing artists, cultural and community organizations, and other members of the
public.
b. Coordinate with advertising, printing, public relations, webmaster and internet providers
as needed to maintain product quality.
c. Conduct environmental scanning of newspapers and websites including, but not limited
to, www.fla-keys.com and www.keysnews.com.
d. Send cultural calendar to 15 local print publications, radio stations and media outlets in
South Florida weekly including Newman PR, Key West Citizen's Paradise section, KONK
Life, Keynoter, and the Free Press.
e. Send by e-mail to opt-in subscriber list weekly.
f. Compile, edit and route information for use in KeysArts Quarterly and annual Culture
Magazine and various regional and national calendars, publications, and websites.
Maintain prompt, courteous communications with public and cultural community -- approximately
150 requests per month whether phone, e-mail, in-person from visitors (events, public art exhibits,
galleries, workshops) including artists, musicians, performers, writers (advising on how to get
involved in festivals, gallery shows, public art, auditions, performing arts venues available,
publicizing classes, how to set up and publicize their own events).
Contract-Monroe Council of the Arts-FY25;page 16 114
ATTACHMENT D
FY2025 Annual Performance Report
(For year October 1, 2024—September 30, 2025)
AgencyName -I--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Point of Contact (POC)
----------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------i
Phone/Email
------------------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Grant Amount
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Per Section 8 of your contract, it is required that you fill out the entire form and answer every
question.
Narrative on the FY2025 Performance (i.e. successes, challenges, etc.):
Questions:
1. Please list services and client information below for the program/activities funded by the Monroe
County award.
IMEMIMEMEMEM" MEN
2. What were the measurable outcomes (including numbers) accomplished in FY2025? Please base
these outcomes on the services you identified in Question#1.
3. What number and percentage of your clients/participants were at or below the federal poverty level
in FY2025; and/or 200%; and/or another standard used by your organization?
4. Were all the awarded funds used in FY2025? If not, please explain.
5. What is the number of FTEs working on the program(s) funded by the award in FY2025?
Contract-Monroe Council of the Arts-FY25;page 17 115
6. Were the awarded funds used as match in FY2025? If so, please list matching sources.
7. What area of Monroe County did you serve in FY2025?
8. How many total FTEs in your organization?
9. Volunteers: hours of program service were contributed by volunteers in FY2025.
10. What was the CEO/Executive Director (or highest paid title) compensation in FY2025? (Please
breakdown between salary and benefits.)
11. What is your organization's fiscal year?
For the following questions, please use the number as reported on your FY2025 IRS Form 990. If
your FY2025 IRS Form 990 is not yet prepared, please provide an estimate for the following
questions.
12. What were your organization's total expenses in FY2025?
13. What was your organization's total revenue in FY2025?
14. What was the organization's total in grants and contracts for FY2025?
15. What was the organization's total donations and in-kind (fundraising) in FY2025?
16. What percentage of your expenses are program service expenses' versus management and
general expenses2 in FY2025 as reported on your IRS Form 990?
'Program service expenses are defined as expenses needed to run your programs.
2Management and general expenses encompass expenses such as human resources,salaries of those not working directly with
programs, legal services, accounting services, insurance expenses,office management,auditing,and other centralized services.
Contract-Monroe Council of the Arts-FY25;page 18 116