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Backup Documents 06/24/2014 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO LrRE— D 15 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW**ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) _ Office Initials Date 1. 2. 3. Jennifer , ACA County Attorney Office �Ian ti�� 'reeves._ Cv -11-1 ii 4. BCC Office Board of County Tel Commissioners yv(/v 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION I I Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Hailey Alonso Phone Number 252-8468 Contact/ Department _-- —–, Agenda Date Item w s 6/24/14 Agenda Item Number 6-D-15 Approved by the BC Type of Document Standard Form Museum Agreement Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? CMG 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 06/24/14 and all changes made CMG during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. 40 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16015 5 MEMORANDUM Date: July 7, 2014 To: Halley Alonso, Operations Analyst Public Services Division From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Standard Form Museum Agreement Attached is the original document to the agreement referenced above (Item #16D15) approved by the Board of County Commissioners on June 24, 2014. The Minutes and Record's Department will hold the second original of this document in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment (1) 16015 STANDARD FORM MUSEUM AGREEMENT Collier County Museum _4____ IIS E4HI IITT4 ON AGREEMENT (hereinafter "Agreement") is made and entered into thi of , by and between the Marco Island oundation for the Arts (hereinafter "MI A"), with an address atpo&x/o fl/fiIQtcp161iFh,and'Collier County, Florida, a political subdivision of the State of Florida(hereinafter"County"). RECITALS: WHEREAS, County is the owner of the Marco Island Historical Museum and agrees to participate in the event"Painting S.W. Florida History—Call to Artists"and provide the museum location for the MIFA to host the event; and WHEREAS, the MIFA agrees to host the event"Painting S.W. Florida History— Call to Artists"and remit a percentage of fees to Collier County; and WHEREAS, the Parties to this Agreement are willing to participate in this historical juried art exhibition("Event")pursuant to the terms and conditions set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein,the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Fee. The MIFA shall collect all applicable fees as follows and submit the defined percentage(s)to Collier County within 30 days following the Event. A. MIFA shall collect participation fees and remit 50% percent to Collier County(50%of artist entrance fees will go to Collier County). B. MIFA shall collect money from drawings that will be held during the opening reception(50%of funds collected will go to Collier County). C. MIFA shall collect funds for artwork sold during the allotted exhibition time. (25% of the sales will be divided between MIFA and Collier County. MIFA will retain 10% of the allocation and Collier County will receive 15%of the allocation.) D. MIFA shall provide a complete accounting of all participation fees, drawing proceeds, and artwork sales to Collier County within 30 days from the closing date of Event. E. Payment shall be made to Collier County within 30 days from the closing date of Event March 28, 2015. 1 16015 3. Indemnification by MIFA. County will have no responsibility for the day-to-day operations of the Event/exhibition. The MIFA agrees to indemnify and hold harmless County, its elected officials, employees, agents and sponsors (if any) of its exhibition of the Event pieces from and against any and all responsibility and liability for third party claims, damage, loss or expense, including legal fees or other expenses, caused by or arising out of the Event/exhibition, the exhibit space and the operation of the exhibition, except to the extent that any such claims relate to the specific responsibilities expressly undertaken by County pursuant to this Agreement. If MIFA is a government or quasi-governmental entity, the MIFA's obligation to indemnify hereunder shall be subject to such statutory limitations on liability as are imposed on Exhibitor by applicable state or municipal law. 4. Collier County agrees to the following: A. The County shall provide the physical location for the historical juried art exhibition at the Marco Island Historical Museum; B. The County shall provide exhibition space for the 1st,2nd, and 3rd place winners; C. The County shall publicize the event and the call to artist; D. The County shall provide a museum manager to work with the professional juror; and E. The County shall accept the call to artist submissions. 5. The MIFA agrees to the following: A. The MIFA shall provide payment to the County as defined in Paragraph 1, above; B. The MIFA shall provide for a professional juror at no expense to the County; C. The MIFA shall publicize the event and the call to artist; and D. The MIFA shall provide the necessary personnel for the drawing at the opening reception and provide the necessary personnel for sale of the art work. 6. Opening reception will be provided by the Marco Island Historical Society. 7. This Agreement,together with all exhibits and schedules attached, is the entire agreement superseding all previous oral and written representations, agreements and understandings of the parties with respect to the Event. Except as otherwise provided herein,this Agreement shall only be amended by mutual written consent of the parties hereto or by their successors in interest. All notices and other communications required or permitted hereunder shall be in writing and shall be sent by Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,and addressed as follows: 2 161315 To County: To MIFA: Ron Jamro, Director President Collier County Museum Marco Island Foundation for the Arts 3331 Tamiami Trail East P.O. Box 1091 Naples,FL 34112 Marco Island,FL 34145 Direct: (239)252.8724 (239) 389.0280 Main: (239)252.8476 Fax: (239) 252.8580 Email: ronjamro@colliergov.net www.marcoarts.org Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. This Agreement is personal to MIFA, and may not be assigned or transferred in any manner except by prior written permission of County. 8. Choice of Law; Venue; Dispute Resolution. This Agreement shall be governed by the laws of Florida. In the event of a dispute under this Agreement, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure. Exhibitor expressly consents and waives its objection to the non-exclusive personal jurisdiction of and venue in the Circuit Court of Collier County, Florida, for all cases and controversies arising under this Agreement. 9. Accessibility. During the Event, the MIFA will comply with all applicable law. The public shall be admitted to the exhibition without discrimination and regardless of race, color, creed, sex, age or national origin. Additionally, every effort shall be made by the Exhibitor to provide full access to the exhibition for disabled individuals, as stipulated in Section 504 of the Federal Public Law 93-112, as amended. 10. Force Majeure. Excluding payment of monies due, neither party shall have any liability to the other for any delay or failure to perform, in whole or in part, for any cancellation in connection with performance of any obligations hereunder, if such failure or cancellation is due to any cause beyond its reasonable control, including, but not limited to, acts of God, war, riots, civil disturbances, fires, floods, strikes, terrorist acts or credible threats of same, lock-outs, labor disputes, failures in public supply of utilities or any other causes beyond the control of either party whether similar or dissimilar to the foregoing. SIGNATURE PAGE TO FOLLOW 3 16015 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. AS TO COUNTY: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEJ 'r DWIGN E BROCK CLERK TOM HENNING, C `+ Approved as to form and legality: u�(Clerk. , Attest as t0; nam►taR$ signature only. 111114 14 11 t 1✓32_, olleen M. Greene " Assistant County Attorney AS TO MIFA: Name: / Get v10 l J.n i.8 u s^ rr` Title:CAu ri i mS c�e The foregoing instrument was acknowledged before me this day of , 2014, by CorotYn gurgPr , as fr-cle, -cf MIFV ,who is personally known to me or has produced FL DL as identification. hcatitii.c • �i t ■ ■ — _ ,,,... Notary Public �G `�O�4PY Pv6�4 GUADALUPE ZIIUNGER ']_%/ r„ Notary Public•State of Florida Print Name: e 2 /j/g iii "; My Comm.Expires Jan 1,2016 ` Init" Commission itt EE 146596 My Commission Expires: O/—O/—g 4 (1)