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Agenda 10/13/2020 Item #16F 8 (United Arts Council Agreement)10/13/2020 EXECUTIVE SUMMARY Recommendation to approve an Agreement with the United Arts Council of Collier County in support of achieving the strategies outlined in the Board adopted Collier County Arts & Culture Strategic Plan; approve a waiver from the competitive procurement process for the United Arts Council and make a finding that this expenditure promotes tourism. OBJECTIVE: To contract for services in support of the Collier County Arts & Culture Strategic Plan with the United Arts Council of Collier County (“UAC”). CONSIDERATIONS: On March 24, 2020 (Item 16.F.1), the Board of County Commissioners (“Board”) adopted the Collier County Arts & Culture Strategic Plan (“Plan”), which included commitments to build the foundation for Collier County to become an arts and cultural destination, and to celebrate, support, and build local arts, creativity, and culture to enrich the quality of life for all residents of all ages and backgrounds. The development of the Plan was commissioned by the Board after the results of the Arts & Economic Impact 5 study in 2016 found that the nonprofit arts and culture sector is, at a minimum, a $108 million industry in Collier County that supports approximately 3,000 full-time equivalent jobs and generates $107.5 million in local and state government revenue annually. Recommendation 1.2.1 in the Collier County Arts & Culture Strategic Plan was to assign the State of Florida designated Local Arts Agency as the County’s official cultural agency. Recommendation 1.2.2.1 in the Plan was to establish a contract for services with defined roles, goals, funding and accountability for the County and the Local Arts Agency (LAA). Staff requests a waiver from the competitive solicitation process to award this Agreement to the UAC as the UAC was designated by the State of Florida as the Local Arts Agency in Collier County with a mission to enrich lives and strengthen the community through the power of the arts. Working with the Procurement Division, Staff has secured an exemption to enter into an agreement with this non-profit. Under this Agreement, the UAC will collaborate with the County in the achievement of the economic and tourist development goals and objectives related to arts and culture. Specifically, through this Agreement, the UAC will: 1. Implement select projects during 2020-2021 identified by Collier County & the UAC based on the Collier County Arts & Culture Strategic Plan adopted by the BCC in March of 2020 (detailed in Exhibit A); and 2. The UAC has agreed to serve as the arts advocate and coordinator for the arts & cultural community to facilitate programming to augment Collier County tourism; and 3. Working collaboratively with the TDC, UAC will provide input on the TDC’s system for tracking arts & cultural economic impact on Collier County; and 4. As the official State of Florida designated Arts Agency for Collier County, UAC’s primary roles will be (in coordination) with the cultural community to sustain and grow Collier County as an arts and culture destination; and 5. Using the foundation of support provided by Collier County, UAC will work with the Community Foundation of Collier County (CFCC) to create and manage a Cultural Trust Fund for private donations; and 6. The UAC will work cooperatively with the CRA, to enhance the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) as an arts and cultural district. 16.F.8 Packet Pg. 2167 10/13/2020 7. Additionally, the UAC will support other designated Collier County areas as they are officially recognized by the Board of County Commissioners (BCC) as arts and cultural districts. 8. The UAC, working cooperatively with Collier County’s Corporate Business Operations, will identify and develop arts and cultural programming for the Paradise Coast Sport & Event Complex. Future goals of the UAC will include working cooperatively with the County and its contract operator, Sports Force Parks, to identify and develop arts and cultural programming for the Paradise Coast Sports Complex (PCSC). This will continue the holistic programming of the PCSC to become an event destination focused on more than just sports. FISCAL IMPACT: The total amount of the Agreement is $125,000 in FY 21, which will be provided on a reimbursable basis through quarterly payables. Funding for the contract will be apportioned between the Tourist Development promotional funds and the Bayshore Gateway Triangle Community Redevelopment Agency. Funding in the amount of $50,000 is available within the FY 21 Tourist Development Promotion Fund (184). The remainder of funding is available within Bayshore Gateway Triangle CRA Fund (187). One deliverable of the Agreement requires the establishment of a Cultural Trust Fund for private donations, which will be used to match Collier County dollars, and will be utilized solely to support projects identified in the Arts & Culture Strategic Plan. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended approval of this item 8-0 at the September 28, 2020 meeting. The Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) recommended approval of this item unanimously at their October 6, 2020 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: That the Board of County Commissioners approve an Agreement with the United Arts Council of Collier County in support of achieving the strategies outlined in the Collier County Arts & Culture Strategic Plan; approve waiver from the competitive procurement process for the United Arts Council; and make a finding that this expenditure promotes tourism. Prepared by: Sean Callahan, Executive Director, Corporate Business Operations ATTACHMENT(S) 1. FY21 Exemption Request 015 - United Arts Council of Collier County (PDF) 2. United Arts Council of Collier County Non-profit Verification (PDF) 3. Executed Agreement Between Collier County and United Arts Council of Collier County (PDF) 16.F.8 Packet Pg. 2168 10/13/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.8 Doc ID: 13761 Item Summary: Recommendation to approve an Agreement with the United Arts Council of Collier County in support of achieving the strategies outlined in the Board adopted Collier County Arts & Culture Strategic Plan; approve a waiver from the competitive procurement process for the United Arts Council and make a finding that this expenditure promotes tourism. Meeting Date: 10/13/2020 Prepared by: Title: – Corporate Business Operations Name: Sean Callahan 10/06/2020 12:08 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 10/06/2020 12:08 PM Approved By: Review: Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/06/2020 12:38 PM Procurement Services Sara Schneeberger Additional Reviewer Completed 10/06/2020 2:07 PM Tourism Kelly Green Additional Reviewer Completed 10/06/2020 3:41 PM Public Services Department Jennifer Reynolds Additional Reviewer Completed 10/06/2020 3:42 PM Procurement Services Catherine Bigelow Additional Reviewer Completed 10/06/2020 3:46 PM Procurement Services Sandra Herrera Additional Reviewer Completed 10/06/2020 3:56 PM Tourism Jack Wert Additional Reviewer Completed 10/06/2020 4:23 PM Corporate Business Operations Sean Callahan Additional Reviewer Completed 10/06/2020 7:07 PM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/07/2020 11:26 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/07/2020 11:35 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/07/2020 11:48 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/07/2020 2:52 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/07/2020 3:13 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM 16.F.8 Packet Pg. 2169 Instructions The following procurement categories may be eligible for exemption from the competitive process based upon the determination of the County manager or Designee that approval of such an exemption is in the best interest of the County. Purchases greater than $50,000 will require final approval by the Board of County Commissioners. Requester Name:Vendor Name: Division:Item / Service: Budget Year:1RWWR([FHHG per Fiscal Year: One time purchase:Multiple purchases:Requested date range:_________________ Is there an agreement associated with this Exemption? Yes No 1. Government Agency/Non- Profit 2. Registrations/dues/ training 3. Subscriptions/periodicals/ printed materials 4. Advertisements 5. Utility services –subject to government control 6. Education/academic programs/trainers, speakers 7. Legal services 8. Purchases required by grants/gifts 9.Compatibility/proprietary with current systems 10. Shop estimates on disassembled equipment 11. Personnel/recruitment services 2. Works of art for public display 13. Direct purchases 14. Financial instruments 15. Entertainment services for County sponsored events 16. Management studies as directed by County Manager 17. Resolution/BCC direction (Indicate resolution number and approval date): Description of Purchase:Enter a description of the item(s) items that will be purchased under this exemption. Purpose:Describe in detail, the purpose of the requested item(s). Requester:Signature: Date: Division Director: Signature: Date: Procurement Strategist: Signature: Date: Procurement Director: 2UGHVLJQHH Signature: Date: For Procurement Use Only: One time approval One year approval Multi-Year Approval: Start ____________ End ____________ Exemptions from the Competitive Process Sean Callahan United Arts Council of Collier County Corporate Business Operations Strategic Plan Implementation 2021 $125,000 For support and implementation of the Collier County Arts & Culture Strategic Plan adopted by the Board of County Commissioners on March 24, 2020 (Item 16F1). Recommendation 1.2.1 in the Collier County Arts & Culture Strategic Plan was to "assign the State of Florida designated Local Arts Agency as the County’s official cultural agency, which is currently the United Arts Council of Collier County. Recommendation 1.2.2.1 was "to establish a contract for services with defined roles, goals, funding and accountability for the County and the Local Arts Agency." The United Arts Council of Collier County was designated by the State of Florida as the Local Arts Agency (“LAA”) in Collier County with a mission to enrich lives and strengthen the community through the power of the arts. There is no other designated LAA. 1. Implementing select projects during 2020-2021 identified by Collier County and the UAC based on the Collier County Arts and Culture Strategic Plan adopted by the BCC in March of 2020 (detailed in Exhibit A); and 2. UAC will serve as the coordinator and facilitator for the arts and cultural community with respect to producing programming to augment Collier County tourism; 3. Working collaboratively with the TDC, UAC will provide input on the TDC’s system for tracking arts and cultural economic impact on Collier County; 4. As the official State of Florida designated Arts Agency for Collier County, UAC’s primary roles will be (in coordination) with the cultural community to sustain and grow Collier County as an arts and culture destination; 5. Using the foundation of support provided by Collier County, UAC will work with the Community Foundation of Collier County (CFCC) to forge a public-private partnership designed to maintain a healthy and vibrant arts and cultural community in Collier County; 6. The UAC, will work cooperatively with the CRA, to enhance the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) as an arts and cultural district. Additionally, the UAC will support other Collier County areas as they are officially recognized by the Board of County Commissioners (BCC); 7. The UAC, working cooperatively with Collier County’s Corporate Business Operations, will identify and develop arts and cultural programming for the Paradise Coast Sport and Event Complex. Sean Callahan Sara Schneeberger Catherine Bigelow 10/01/2020 09/30/2021 CallahanSean Digitally signed by CallahanSean Date: 2020.10.01 09:23:49 -04'00' SchneebergerSara Digitally signed by SchneebergerSara Date: 2020.10.01 09:34:25 -04'00' Cat Bigelow Digitally signed by Cat Bigelow DN: cn=Cat Bigelow, o=Collier County Government, ou=Procurement Services, email=catherinebigelow@colliergov.net, c=US Date: 2020.10.01 09:46:00 -04'00' 16.F.8.a Packet Pg. 2170 Attachment: FY21 Exemption Request 015 - United Arts Council of Collier County (13761 : UAC Cultural Arts Implementation) Department of State /Division of Corporations /Search Records /Search by Entity Name / Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Detail by Entity Name Florida Not For Profit Corporation UNITED ARTS COUNCIL OF COLLIER COUNTY, INC. Filing Information 755717 59-2070580 12/30/1980 FL ACTIVE NAME CHANGE AMENDMENT 05/08/1992 NONE Principal Address 953 4th Avenue North Naples, FL 34102 Changed: 04/03/2018 Mailing Address 953 4th Avenue North Naples, FL 34102 Changed: 04/03/2018 Registered Agent Name & Address Burns, Laura L 953 4th Avenue North Naples, FL 34102 Name Changed: 01/10/2017 Address Changed: 04/03/2018 Officer/Director Detail Name & Address Title Executive Director Burns, Laura L 953 4th Avenue North Naples, FL 34102 DIVISION OF CORPORATIONSFlorida Department of State Page 1 of 3Detail by Entity Name 10/1/2020http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.F.8.b Packet Pg. 2171 Attachment: United Arts Council of Collier County Non-profit Verification (13761 : UAC Cultural Arts Implementation) Title Treasurer Loscuito, John 953 4th Avenue North Naples, FL 34102 Title President Riley, Matthew 953 4th Avenue North Naples, FL 34102 Title VP Bridgwater, Betsy 953 4th Avenue North Naples, FL 34102 Title Secretary Sikuta, Susan 953 4th Avenue North Naples, FL 34102 Annual Reports Report Year Filed Date 2018 04/03/2018 2019 04/29/2019 2020 01/27/2020 Document Images 01/27/2020 -- ANNUAL REPORT View image in PDF format 04/29/2019 -- ANNUAL REPORT View image in PDF format 04/03/2018 -- ANNUAL REPORT View image in PDF format 01/10/2017 -- ANNUAL REPORT View image in PDF format 02/25/2016 -- ANNUAL REPORT View image in PDF format 01/27/2015 -- ANNUAL REPORT View image in PDF format 08/14/2014 -- AMENDED ANNUAL REPORT View image in PDF format 01/08/2014 -- ANNUAL REPORT View image in PDF format 01/23/2013 -- ANNUAL REPORT View image in PDF format 02/16/2012 -- ANNUAL REPORT View image in PDF format 01/13/2011 -- ANNUAL REPORT View image in PDF format 02/15/2010 -- ANNUAL REPORT View image in PDF format 01/14/2009 -- ANNUAL REPORT View image in PDF format 01/07/2008 -- ANNUAL REPORT View image in PDF format 01/09/2007 -- ANNUAL REPORT View image in PDF format 01/09/2006 -- ANNUAL REPORT View image in PDF format 01/06/2005 -- ANNUAL REPORT View image in PDF format 02/26/2004 -- ANNUAL REPORT View image in PDF format Page 2 of 3Detail by Entity Name 10/1/2020http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.F.8.b Packet Pg. 2172 Attachment: United Arts Council of Collier County Non-profit Verification (13761 : UAC Cultural Arts Implementation) 01/21/2003 -- ANNUAL REPORT View image in PDF format 03/31/2002 -- ANNUAL REPORT View image in PDF format 02/15/2001 -- ANNUAL REPORT View image in PDF format 02/07/2000 -- ANNUAL REPORT View image in PDF format 03/01/1999 -- ANNUAL REPORT View image in PDF format 02/23/1998 -- ANNUAL REPORT View image in PDF format 05/08/1997 -- ANNUAL REPORT View image in PDF format 03/26/1996 -- ANNUAL REPORT View image in PDF format 06/08/1995 -- ANNUAL REPORT View image in PDF format Florida Department of State, Division of Corporations Page 3 of 3Detail by Entity Name 10/1/2020http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 16.F.8.b Packet Pg. 2173 Attachment: United Arts Council of Collier County Non-profit Verification (13761 : UAC Cultural Arts Implementation) 16.F.8.c Packet Pg. 2174 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2175 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2176 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2177 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2178 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2179 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2180 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2181 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2182 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2183 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2184 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2185 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts 16.F.8.c Packet Pg. 2186 Attachment: Executed Agreement Between Collier County and United Arts Council of Collier County (13761 : UAC Cultural Arts