Agenda 10/27/2020 Item #11G (Arts & Culture Strategic Plan)10/27/2020
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 16.17.1), 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.
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10/27/2020
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)
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10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: I LG
Doc ID: 13978
Item Summary: *** This item was continued from the October 13, 2020 BCC meeting ***
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. (Sean Callahan, Executive Director, Corporate Business
Operations)
Meeting Date: 10/27/2020
Prepared by:
Title: Director - Operations Support — Administrative Services Department
Name: Michael Cox
10/21/2020 10:57 AM
Submitted by:
Title: County Manager — County Manager's Office
Name: Leo E. Ochs
10/21/2020 10:57 AM
Approved By:
Review:
Corporate Business Operations MaryJo Brock
County Manager's Office Leo E. Ochs
Board of County Commissioners MaryJo Brock
Additional Reviewer
Level 4 County Manager Review
Meeting Pending
Skipped 10/21/2020 11:39 AM
Completed 10/21/2020 11:40 AM
10/27/2020 9:00 AM
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Collies- coHnty
Administrative Services Department
Procurement Services Division
Exemptions from the Competitive Process
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: Sean Callahan
Vendor Name: United Arts Council of Collier County
Division: Corporate Business Operations
Item / service: Strategic Plan Implementation
Budget Year: 2021
Not to Exceed $125,000
er Fiscal Year:
Onetime purchase: ❑
Multiple purchases: ■❑
Requested
date range:
Is there an agreement
associated with this Yes ❑■ No ❑
Exemption?
❑■ 1. Government Agency/Non-
❑ 2. Registrations/dues/
❑ 3. Subscriptions/periodicals/
❑ 4. Advertisements
Profit
training
printed materials
❑ 5. Utility services — subject
❑ 6. Education/academic
❑ 7. Legal services
❑ 8. Purchases required by
to government control
programs/trainers, speakers
grants/gifts
❑ 9.Compatibility/proprietary
❑ 10. Shop estimates on
❑ 11. Personnel/recruitment
❑ 12. Works of art for public
with current systems
disassembled equipment
services
display
❑ 13. Direct purchases
❑14. Financial instruments
❑ 15. Entertainment services
❑ 16. Management studies as
for County sponsored events
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.
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 ("LAX) 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.
Purpose: Describe in detail, the purpose of the requested item(s).
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.
Requester:
Signature:
Date:
Division Director:CallahanSignature:CallahanSean
Sean
Digitally signed bycallahan9ean
Date: 2020.10.01 09:23:49-04'00'
Date:
Procurement Strategist:
g Sara Schneeberger
Signature: Digitally rgedby
g SchneebergerSara Date:2 20.10.010
Date: 2020.10.01 09:34:25
Date:
-04'00'
Procurement Director: Catherine Bigelow
Digitally signed by Cat Dlgelo
"=Da.Digelowe-CellierCoonty
Signature �oemme"t.o-Pro ,eme,se lea.
Cat Bigelow'
Date:
Ordesignee
email_atbednebigelowQcolliergovnet.c=UD
Date. 2020.10.01 09'.46:00-00'00'
For Procurement Use Only:
❑ One time approval ❑■ One year approval ❑Multi -Year Approval:
Start 10/01/2020 End 09/30/2021
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Detail by Entity Name
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Florida Department of State
u
an o/Crlul 3ame of Florida wybsite
Department of State / Division of Corporations / Search Records / Search by Entity Name /
Detail by Entity Name
Florida Not For Profit Corporation
UNITED ARTS COUNCIL OF COLLIER COUNTY, INC.
Filing Information
Document Number
755717
FEI/EIN Number
59-2070580
Date Filed
12/30/1980
State
FL
Status
ACTIVE
Last Event
NAME CHANGE AMENDMENT
Event Date Filed
05/08/1992
Event Effective Date
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
Reaistered Aaent 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 CORPORATIONS
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http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... l 0/l /2020
Detail by Entity Name
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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
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04/03/2018 -- ANNUAL REPORT
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01/10/2017 -- ANNUAL REPORT
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02/25/2016 -- ANNUAL REPORT
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01/27/2015 -- ANNUAL REPORT
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08/14/2014 -- AMENDED ANNUAL REPORT
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01/08/2014 -- ANNUAL REPORT
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01/23/2013 -- ANNUAL REPORT
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02/16/2012 -- ANNUAL REPORT
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01/13/2011 --ANNUAL REPORT
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02/15/2010 -- ANNUAL REPORT
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01/14/2009 -- ANNUAL REPORT
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01/07/2008 -- ANNUAL REPORT
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01/09/2007 -- ANNUAL REPORT
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02/26/2004 -- ANNUAL REPORT
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01/21/2003 -- ANNUAL REPORT
03/31/2002 -- ANNUAL REPORT
02/15/2001 --ANNUAL REPORT
02/07/2000 -- ANNUAL REPORT
03/01/1999 -- ANNUAL REPORT
02/23/1998 -- ANNUAL REPORT
05/08/1997 -- ANNUAL REPORT
03/26/1996 -- ANNUAL REPORT
06/08/1995 -- ANNUAL REPORT
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Florida Department of State, Division of Corporations
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11.G.3
GRF.EMENi' BETWEEN COLLIER w
COUNTY & ITNITEll ARTS COUNCIL OF
COLLIER COUNTY a
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'THIS AGREEMENT ("Agreement") is made and entered into this day of v
2020, by and between Collier County, a political subdivision of the State of Florida (the v
"COUNTY"), and the United Arts Council of Collier County ("UAC"), a Florida not -for -profit
organization, whose address is 953 41 Avenue North, Naples, FL 34102.
ti
CD
WITNESSETH
WHEREAS, in 2016, the results of the Arts & Economic Impact 5 Study 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; and
WHEREAS, the Board of County Commissioners ("BCC") commissioned the Collier
County Arts & Culture Strategic Plan with Collier County Government, the Naples, Marco Island,
Everglades Convention and Visitors Bureau, and the United Arts Council with the goal to evaluate,
establish, and successfully promote Collier County as an arts and culture destination; and
WHEREAS, on March 24, 2020 (Item 16FI ), the BCC adopted the Collier County Arts &
Culture Strategic 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 thequality of life for all residents of all ages and backgrounds; and
WHEREAS, 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; and
WHEREAS. Recommendation 1.2.2.1 in the Collier County Arts & Culture Strategic Plan
was to establish a contract for services with defined roles, goals; funding and accountability for
the County and the Local Arts Agency; and
WHEREAS, the UAC 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; and
WHEREAS, the UAC collaborates with the BCC, Community Redevelopment Agency
("CRA"), and Tourist Development Council ("TUC") in the achievement of the economic and
tourist development goals and objectives of Collier County in the implementation of strategic arts
& culture initiatives through their status as the LAA; and
WHEREAS, on December 10, 2019 (Item 14.B.1) the Board approved the development of
a Public Art Master Plan for the Bayshore Gateway Triangle Community Redevelopment Plan as
a pilot project that could be expanded to cover the entire County; and
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WHEREAS, the Community Redevelopment Plan adopted by the Board on April 23, 2019
identifies fielding liar implementation of a public art plan; and
WHEREAS, the Collier County Tourist Development Tax Ordinance provides that certain
amounts of the revenues generated by the Tourist Development Tax are to be allocated to promote
and advertise tourism within the State of Florida, nationally and internationally, which encourages
tourism, and the TDC made the recommended finding that the recommendations in the Collier
County Arts and Culture Strategic Plan specifically promote tourism; and
WHEREAS, the BCC has determined that the strategies and corresponding key initiatives
to achieve such objectives of economic and tourist development include those below;
1. Implementing select projects during 2020-2021 identified by Collier County & the [JAC
based on the Collier County Arts & Culture Strategic Plan adopted by the BCC in March
of 2020 (detailed in Exhibit A); and
2. That 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, [JAC 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
S. 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 [JAC will work cooperatively with the CRA, to enhance the Bayshore Gateway
Triangle Community Redevelopment Area (BGTCRA) as an arts and cultural district.
7. Additionally, the iJAC 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 [JAC, working cooperatively with Collier County's Corporate Business Operations,
will identity and develop arts and cultural programming for the Paradise Coast Sport &
Event Complex.
WHEREAS, the COUNTY desires to have the UAC provide leadership to achieve the
strategies set forth above and the in the Collier County Arts & Culture Strategic Plan and is
willing to undertake such functions under the terms of this Agreement; and
WHEREAS, the parties wish to enter into an Agreement, as stated below, to continue the
COUNTY's support of the UAC in Fiscal Year 2020-2021.
NOW THEREFORE, in consideration of the mutual covenants, promises and representations
contained herein and other good and valuable consideration, the COUNTY and UAC agree as
follows:
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ARTICLE I
SCOPE OF SERVICES AND ROLES AND...RESPONSIBILITIES
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The UAC. shall promote arts and cultural development for the COUNTY by providing
the services and activities described in Exhibit A, Scope of Services, attached hereto and by
reference made a part hereof. The matrix in Exhibit B provides COUNTY staffs ability to v
authorizc payment for measurable services performed by the UAC. Q
ARTICLE II PERIOD OF AGREEMENT
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This Agreement shall be effective upon execution by both parties and shall cover
services provided from , 2020, through September 30, 2021, unless terminated
in accordance with this Agreement or extended by mutual -vritten Agreement of the parties. c
ARTICLE III CONSIDERATION' AND LIMITATION
For its performance under this Agreement, the UAC will receive funds from the COUNTY
in an amount not to exceed Fifty Thousand Dollars ($50,000) and the Community Redevelopment
Agency ($75,000). It is intended that the services performed by the UAC shall be on a cost -
reimbursement methodology for actual eligible expenditures. Actual expenditures eligible as a
basis for reimbursement for tJAC personnel performing services are described in Exhibit B. The
UAC shall he entitled to compensation upon BCC approval of the Agreement, distributed no more
frequently than on a quarterly basis for reimbursement of eligible expenses approved by the County
and Clerk of Court. All invoices shall be submitted in accordance with COUNTY procedures and
in a form acceptable to the COUNTY and the UAC, as generally outlined in Exhibit B, Method of
Payment and Budget Detail. Eligible operating expenses incurred to provide services consistent
with the scope of services described in Exhibit A are outlined in ExhibitB.
ARTICLE IV PAYMENT AND REPORTING REQUIREMENTS
Payments to the UAC will be made within Forty-five (45) days of requests, in compliance
with the Local Government Prompt Payment Act, and in accordance with the procedures specified
in Exhibit B, Method of Payment and Budget Detail for Services. If the COUNTY determines,
through its inspection or review, that the UAC has not performed or is performing less than the total
agreed -upon services, then the COUNTY shall notify the UAC in writing, specifying those services
that it alleges have not been performed or fully performed, and the I AC shall have thirty (30) days
from receipt thereof to submit a then -current Program Performance Report, which shall address
such allegations in detail and/or shall meet with the appropriate representatives of the COUNTY
to discuss resolution thereof and cure or remedy any services not fully performed. Upon failure
thereof, the COUNTY shall be entitled to reduce payment otherwise due for such services not fully
performed on a pro -rats basis. Performance wil I be measured by the defined Scope of Services set
out in Exhibit A or a percentage of defined service goals completed and by such other standards
as the parties may agree upon in writing.
The UA(7 shall submit its first payment request and Program Performance Report for the
period of October 1, 2020, through December 31, 2020, on or before January 31, 2021. The UAC 1
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shall submit its second payment request and Program Performance Report for the period of January
1, 202E through :March 31, 2021 on or before April 30, 2021. The UAC shall submit its third
payment request for the period of April 1, 2021, through June 30, 2021, on or before July 31, 2020.
The UAC shall submit its final payment request, Program Performance Report and ayear-end
analysis and any other required reports on or before October 10, 2021. If the UAC fails to comply
with the requirements of this Article, the COUNTY may refuse to honor or be held liable for
payment of any late request(s) farpayment.
ARTICLE V MAINTENANCE OF RECORDS
The UAC shall maintain such financial records and accounts, including invoices, purchase
orders and backup materials or documents deemed necessary to assure a proper accounting for all
COUNTY funds for which the COUNTY is obligated to reimburse the UAC under the terms of
this Agreement. All records shall be maintained in compliance with Ch. 119, Fla. Stat., Florida's
Public Records Law. The aforesaid records and accounts shall be made available for inspection
purposes at reasonable times and upon reasonable notice during normal business hours and as often
as the COUNTY may deem necessary to verify reimbursements and any other financial records or
matters covered by this Agreement. The UAC shall:
1. Keep and maintain public records required by the public agency to perform the service.
2. 13pon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter,
or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records -disclosure requirements are not disclosed, except as authorized by law for the
duration of the contract term and following completion of the contract, if the contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required
by the public agency to perform the service. If the contractor transfers all public records
to the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the contractor keeps and maintains public records
upon completion of the contract, the contractor shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to the
public agency, upon request from the public agency's custodian of public records, in a
format compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
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Communication and Customer
Relations Division
3299 "l'amiami Trail E.. Suite 102 Q
Naples, FL 34112-5746
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Telephone: (239) 252-8383
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ARTICLE VI INDEMNIFICATION Q
The UAC shall indemnify, hold harmless and defend the COUNI`Y, its agents and
employees from and against any and all liabilities. losses, claims, damages, demands, expenses or M
actions, either at law or in equity, including court costs and attorneys' fees, that may hereafter at
any time be made or brought by anyone on account of personal injury, property damage, loss of
monies, or other loss, allegedly, caused or incurred, in whole or in part, as a result of any negligent,
-%Tongful or intentional act or omission, or based on any act of fraud or defalcation by the UAC, v
its agents, subcontractors, assigns, heirs, and employees during the performance of this Agreement.
ARTICLE; VII TFRMINATION
This Agreement may be terminated for any reason by either party by giving a minimum of
thirty (30) days' prior written notice of such intent, specifying the effective date thereof to the other
parties. The aforesaid termination notices, as well as other notices required herein, shall be
considered received by the tJAC and the COUNTY if sent by certified mail, return -receipt
requested, or by overnight personal delivery service requiring a signature for delivery, and
addressed as provided in Article XVIII of this Agreement.
ARTICLE VIII STATEMENT OF ASSURANCE
During the performance of this Agreement. the tJAC assures the COUNTY that the UAC
is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights
Act of 1992, as amended, and the Collier County Human Rights Ordinance (Ordinance No. 00-
37), in that the UAC does not, on the grounds of race, color. national origin, religion, sex, age.
handicap or marital status, discriminate in any firm or manner against the UAC's employees or
applicants for employment. Further, the UAC assures the COUNTY of the UAC's compliance
with the Americans with Disabilities Act of 1990, as amended, as applicable. The UAC
understands and agrees that this Agreement is conditioned upon the veracity of such statements of
assurance. furthermore, the UAC assures the COUNTY that it will comply with Title VII of the
Civil Rights Act of 1964 when federal grant(s) are involved. Other applicable Federal and State laws,
Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are
included by this reference thereto. This statement of assurance shall be interpreted to include
Vietnam -era veterans and disabled veterans within its protective range of applicability.
ARTICLE IX INSURANCE
The tJAC shall provide and maintain the following insurance coverages in the amounts
specified throughout the period of this Agreement on behalf of the UAC and the COUNTY, by
naming the COUNTY as an additional insured under the policies of the insurance it maintains; a
copy of the declarations page thereof being attached as Exhibit E, as follows: Commercial General CA0
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Liability insurance, within coverage limits of $500,000 general, which shall apply to claims that
may be asserted against the COUNTY by reason of the act or activities of the UAC. The UAC Q
shall maintain Workers' Compensation coverage, as required by Florida law. All insurance shall
be from responsible companies duly authorized to do business in the State of Florida. Every
insurance policy must provide for up to thirty (30) days' prior written notice to the COLrNTY for
any cancellation, intent not to renew, or reduction in the policy coverage. Coverage shall be v
documented by a Certificate of Insurance.
ARTICLE X CONFLICT OF INTEREST
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The UAC represents that it presently has no interest, and shall acquire no such interest,
financial or otherwise, direct or indirect, or engage in any business transaction or professional
activity, or incur any obligation of any nature that would conflict in any manner with the c
performance of service required hereunder. 0
ARTICLE XI DRUG FREE WORKPLACE
The UAC shall administer, in good faith, a policy designed to ensure that the UAC's
employees, agents and subcontractors are free from illegal use, possession or distribution of drugs
or alcohol.
ARTICLE X1I GOVERNING LAW: VENIM
This Agreement shall be governed by the laws, rules and regulations of the State of
Florida. Venue shall be in Collier County, Florida.
ARTICLE XIII ASSIGNMENT
Neither party may assign or transfer its rights or obligations under this Agreement without
the prior written consent of the other party.
ARTICLE XIV WAIVER
A waiver of any performance or default by either party shall not be construed to be a
continuing waiver of other defaults or non-performance of the same provision or operate as a
waiver of any subsequent default or non-performance of any of the same terms, covenants, and
conditions of this Agreement. The payment or acceptance of funds far any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.
ARTICLE XV SE VF.RABILITY
In the event any section, sentence, clause, or provision of this Agreement is held to be invalid or
illegal, the remainder of the Agreement shall not be affected by such invalidity or illegality and
shall remain in full force and effect.
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ARTICLE XVI PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the services performed by the
UAC pursuant to this Agreement must recognize the contribution of the BCC as a funding source.
As a not -for -profit corporation receiving public funding or non -monetary contributions through
the COUNTY, the UAC shall recognize the COUNTY for its contribution on all promotional
materials,websites, and at any event or workshop for which the COUNTY funds are allocated.
In addition, any development project announcement, ceremonial business opening, or
publicity event resulting from the etforts of the UAC and, particularly those projects induced with
COUNTY funded financial incentives or contributions, will be planned in cooperation with the
COUNTY for purposes of coordinating the COUNTY's official COUNTY protocol and public
recognition. Prior notification to the two departments for such events will be made no less than 15
working days, whenever possible or practicable, and potential prospects will be made aware of the
COUNTY's publicity protocol before the final inducement with any incentive packages or
contributions.
ARTICLE XVII MODIFICATIONS
This Agreement may only be modified, amended. extended or canceled, by written
instrument executed by the COUNTY and the UAC. Similarly, no contract that purports to affect
the terms of this Agreement shall be valid as it affects this Agreement, unless in writing and
executed by the COUNTY and the UAC.
ARTICLE XVIII NOTICES
All notices required or permitted to be given by a party under this Agreement shall be
in writing and sent to the other party by certified mail, return -receipt requested, or by overnight
personal delivery service requiring a signature for delivery, and shall be addressed as Follows:
if to the COUNTY:
Collier County
Sean Callahan, Executive Director - CBO
3299 Tamiami Trail East, Suite 202
Naples, EL, 34112
If to the UAC:
United Arts Council of Collier County
Laura Burns, Executive Director
953 4`h Avenue North
Naples, Ft. 34102
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHF-REOF- United Arts Council and the County have signed and sca)c(I this
Agreement. as set forth below.
ited Arts Counci-
I (IJAXC) Printed Mqnit-
WITNESSES:
W
Sign
L Tm�e 0 Witness
r � -1" inie
Daic SiLmel
AS TO COUNTY:
ATTEST:
CRYSTAL K. KINZEI- Clerk -
By:
Date:
Approved as to form and legality;
Colleen M. Greene
Managing Assistant County Attomy
U-bLe- 1ta2,jo----. -
Date Signed
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Date:
Burt L. Saunders, Chairman
bko
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EXHIBIT A - SCOPE: OF
SERVICES
ORGANIZATION: United Arts Council of Collier County.
PROGRAM: Arts & Cultural Tourism Development Projects & Services 2020-2021
Perlormance Criteria
UAC shall provide the supporting documentation identified on Exhibit C to substantiate the
following activities/accomplishments Ior reimbursement:
Deliverable 1: UAC Collier Counh,- Cultural Calendar Management
Working in collaboration with Collier County's cultural community, the UAC will develop,
maintain and 'promote a public, comuutnitywidc master cultural calendar for events, activities,
and other offerings. Available in print and online and multiple languages for tourists.
UAC will work closely with the TDC on Search Engine Optimization (SFO) on the UAC
website, calendar of cultural events and linked partner activities.
Deliverable 2:. The UAC will convene Quarterly Meetings with Collier Count}'s Arts &
Cultural Partners. The purpose of these meetings will be for the UAC to facilitate
communication, serve as an informal clearing house, and provide leadership in implementing
the Arts & Cultural Strategic Plan. Participation in these quarterly meetings will be
determined by size of the organization's operation and ability to generate or host cross cultural
programming. These meetings will be designed to:
■ Engage the arts and cultural C0111111LillltV in planning events and providing
information for Collier County's Cultural Calendar.
• Additionally, the UAC will set the agenda, manage the meetings and follow up with notes
and more to keep projects on track and share infonnation with the arts and cultural
conllriunity on the UAC website and through a community newsletter.
■ In September of 2021, the UAC will host one conmlunity meeting annually to share a `'State
of the Arts" Report. This report will be completed for presentation and discussion at the
annual meeting. The UAC's Executive Director will submit and deliver the report to the
Office of the County Manager, Tourist Development Council, and Board of County
Conlnlissioners for their respective meetings.
• This report will also be available on the website and to share digitally so the arts
conlnlunity can share with their members, Board of r)ircciors and other groups.
■ At these quarterly meetings and depending oil the status of the pandemic, the IJAC and
cultural partners will identify and develop a series of arts and cultural events, exhibits, tours
and other related activities that can become signature events beginning in 2022.
■ Together, with Collier County's cultural partners, the UAC will also identify and work
collaborativelyon regional and national funding to provide sponsorships and support forthese
events.
■ These quarterly meetings will also be used to plan other projects including, economic impact
studies to support the TDC, assisting the 'TDC by Providing input and inodifications to the
TDC's arts and cultural grant applications, and conlnlunicating key information front
Collier County's Corporate and Business Operations, the Community Foundation of Collier
County, and the Paradise Coat Complex.
Deliverable 3: Establish a Collier Cultural Concierge Program
During 2021; in collaboration with the cultural community, the UAC will promote
existing art and cultural experiences firr the hospitality community and work
collaboratively with our cultural partners to develop a new
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Collier Cultural Concierge Program for 2022 that will focus on the shoulder season and
summer months. This programming will not only be directed at residents but will be created
for hotels to use for their offseason visitor promotions. Additionally, the UAC will work Q
collaboratively with the TUC to leverage their hospitality connections and assure the success
of this program. With its cultural partners, UAC will develop the following for the Cultural
Concierge Program: v
■ Create at least three packages for the following May 2022, August 2022 and October 2022 V
Q
■ Identify the cultural partners and establish a h9OU to agree on the programs
• With the TDC, identify the hospitality partners 00
■ Develop a work plan and timeline, secure artists and vendors for the Bayshore Boardwalk rn
Arts Festival within the BGTCRA M
Deliverable 4: Develop a County Public Art Program "template in Cooperation with the
Community Development Agency (CRA)
Working cooperatively with the CRA, the UAC will create a public arts program first for
the BGTCRA. The BGTCRA Public Arts Program will be the test pilot for the county
wide program with project work to begin in late 2020. 'the first work to be created for the
13G*1*CRA will focus on murals. 'the Bayshore Public Arts plan will be designed to
celebrate and enhance the community's unique identity. Organizational work will continue
through 2021. The murals will be ttnveiled in 2022 with a community wide celebration
that will also be marketed to visitors. The UAC will also support other Collier County
areas as new arts districts are officially recognized by the Board of County Commissioners
(13CC).1'he UAC will assist with the management of the BCi'1'CPA Public Arts Plan by
providing the following services:
• UAC to develop a job description, appoint & manage a Public Art Committee to advise on the
public art program. "1'he Committee will be advisory only. but should provide community and
fundraising support for the project.
■ UAC will develop a work plan and timeline for 2021 to implement the BG'FCRA Public Art
Plan and present periodic progress reports to the BGTCRA Advisory Board.
• As part of this plan, the UAC will organize meetings with business owners, the BGTCRA
Advisory Board and CRA staffto discuss and determine the following: placement of the
murals, costs of the murals, the call for artists, marketing; the selection process, and the judging
and awards celebration.
■ UAC to organize and manage all calls for artists (RFQ and RFP) and manage artist selection
process and panels.
• Seek sponsorships and outside private/patron support for murals working collaboratively with
file Community Foundation of Collier County's CUltUral Trust Ftmd.
■ 11AC to organize appropriate press & social media throughout project.
■ Plan events to unveil murals & community .vide celebrations for 2022.
Deliverable is Develop a Home for the UAC in the Bayshore Gateway Triangle
Community Redevelopment Area to become a Cultural Community Space
The UAC will work collaboratively with the BGTCRA and community to identify
suitable space for a i.JAC home during the first half of2021.
By the third quarter of l Y 21, the UAC will establish its office and a presence in the
13G'fCRA. The space will be used to exhibit the mural drawings for the community to
provide input, and host meetings. The UAC also expects to host community meetings (on
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site and virtually) focused on planning for a multi -disciplinary cultural facility in
Bayshore for both indoor and outdoor events, exhibits and more. With the Bayshore
community. the UAC would like to use the planned space for visitors to gather, distribute a
infonnation about Collier County attractions and develop volunteer guided Bay -shore
tours. }'
U
Deliverable 6. UAC to Establish and Manage a Cultural Trust Fund for Private a
Donations
In cooperation with the Conununity Foundation of Collier County, the UAC will establish o
a Cultural Trust Fund for private donations during the last quarter of 2020. These funds CV;
will be used to match Collier County dollars and will be utilized solely to support projects
identified in the Arts & Culture Strategic Plan. Funds to be raised during 2020-2021 will
be in support of projects developed collaboratively between the UAC, County, and arts & o
cultural partners U
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EXHIBIT B
METHOD OF PAYMENT AND
BUDGET DETAIL a
ORGANIZATION: United Arts Council or Collier County. i
PROGRAM: Arts & Cultural Tourism Development Pr(�Jeets & Services 2020-2021 =
RELEASE OF FUNDS SHALL. BE IN ACCORDANCE. WITH THE APPROVED BUDGET v
AND WILL BE MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT a
FORM. NO ,MODIFICATIONS WITHIN THE, BUDGET CATEGORIES SHALL BE
FUNDED UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE 00
COUNTY MANAGER, WHOSE. APPROVAL SHALL BE CONSISTENT WITH THE.
TERMS OF THE COUNTYI'i:AC BUDGET AND AGREEMENT, AND NOT
UNREASONABLY WITHHELD. THE COUNTY'S FISCAL YEAR COMMENCES ON
OCTOBER 1sT AND ENDS ON SEPTEMBER 30""OF THE FOLLOW'iNG CALENDAR o
YEAR. INVOICES FOR SERVICES DELIVERED BETWEEN OCTOBER Is" AND
SEPTEMBER 30" MUST BE RECEIVED NO LATER THAN OCTOBER I0m OF EACH as
YEAR TO ALLOW CLOSEOUT OF THE COUNTY'S FISCAL YEAR. IN NO E.VFNT, 0
SHALL PAYMENTS UNDER THIS AGREEMENT EXCEED S200,000.00 PER, COUNTY 4-
FISCAL YEAR.
TOTAL $125,000
• Collier County Portion: $50,000 (fiscal year 2020-2021)
• CRA Portion: $75.000 (fiscal year 2020-2021)
The requests for payment shall include the report on progress on the deliverables
identified in the agreed -to Scope of Services.
NO
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BUDGET DETAIL FOR SERVICES
Budget Category Approved Budget
Deliverable 1: UAC. Collier County Cultural Calendar Management i $20,000.00 `
Develop, maintain and promote a publicly accessible community wide master i
cultural calendar for events, activities, and other arts offerings. Make the calendar ;
available in print and online and multiple languages for tourists. And work
collaboratively with the TDC lbrr SEO on the UAC website, calendar of
i cultural events and linked partner activities.
i
Deliverable 2: The 1JAC will convene Quarterly Meetings with Collier; $15,000.00
County's Arts & Cultural Partners - The purpose of these meetings will be
' for the UAC to facilitate communication; serve as an informal clearing house,
and provide leadership in implementing the Arts & Cultural Strategic Plan. I
Participation in these quarterly meetings will be determined by size of the
organization's operation and ability to generate or host cross cultural
..Programming -__. _
I Deliverable 3: Establish a Collier Cultural Concierge Program $15,000.00
During 2021, the IJAC will both promote existing arts and cultural
experiences for the hospitality community and work collaboratively with our l
cultural partners to develop a new Collier Cultural Concier e Pr91rar1i tool 2022. i
Deliverable 4: Develop a County Public Art Program Template in 560,000.00
Cooperation with the CRA - Working cooperatively with the CRA, the
i UAC will create and manage a public arts program first for the Bayshore
Gateway Triangle Community Redevelopment Area. This Program will be
the test pilot for the county wide program with project work to begin in
Deliverable 5: Develop a Home for the UAC in the Bayshore
Community to become a Cultural Community Space
The UAC will work collaboratively with the BGfCRA and
surrounding community to identify suitable space for a UAC home
during the first half oi'2021. By late 2021, the UAC will establish its
office in BGTCRA and a presence in the community.
Deliverable 6: UAC to Establish and Manage a Cultural Trust
Fund for Private Donations
r In cooperation with the Community Foundation of Collier County, the
UAC will establish a Cultural "Trust Fund for private donations during
the last quarter of 2020. These lunds will be used to match Collier
County dollars and will be utilized solely to support projects identified
in the Arts & Culture Strategic Plan.
$15,000.00
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15.A
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 15.A
Item Summary: Future Workshop Schedule
Meeting Date: 10/27/2020
Prepared by:
Title: Executive Secretary to County Manager — County Manager's Office
Name: MaryJo Brock
10/15/2020 7:50 AM
Submitted by:
Title: County Manager — County Manager's Office
Name: Leo E. Ochs
10/15/2020 7:50 AM
Approved By:
Review:
Office of Management and Budget MaryJo Brock
County Attorney's Office MaryJo Brock
County Manager's Office MaryJo Brock
Board of County Commissioners MaryJo Brock
Level 3 OMB Gatekeeper Review
Level 3 County Attorney's Office Review
Level 4 County Manager Review
Meeting Pending
Skipped 10/15/2020 7:49 AM
Skipped 10/15/2020 7:49 AM
Completed 10/15/2020 7:50 AM
10/27/2020 9:00 AM
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