Agenda 06/24/2014 Item #16D156/24/2014 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve a one -time Exhibition and Facility Use Agreement with the Marco
Island Foundation for the Arts to provide exhibit and an after -hours event reception space at the
Marco Island Historical Museum.
OBJECTIVE: To extend the Museum's community outreach programs by providing, interpretation, and
educational activities on the history and cultural of our community.
CONSIDERATIONS: The Museum provides exhibits and activities through partnerships to benefit the
citizens of Collier County. At its October 1, 2013 workshop, the Board identified several options
developed by the Museum to begin generating earned revenue to supplement the department's annual
operating budget. One of the key concepts included the use of Museum facilities for private functions
after normal business hours for monetary compensation.
At the Board's direction, Museum staff has developed a scope of work to contract for these services
through a service provider that would professionally manage, coordinate and promote event rentals.
Accordingly the Purchasing Department has issued a Request for Proposal to outsource after -hours event
rentals. Proposals have been received and are presently being evaluated. Pursuant to award of a contract,
formal rental policies and procedures and a competitive fee schedule will be developed and presented to
the Board for approval.
As an interim measure, the Museum is requesting that the Board approve a one -time rental /exhibit
agreement for use of the Marco Island Historical Museum by the Marco Island Foundation for the Arts
(MIFA), for a fundraising and community event called, "Painting S.W. Florida History — Call to
Artists" January 6 to March 28, 2015. MIFA is a not - for -profit organization that advocates the promotion
of the visual, literary and performing arts in public places on Marco Island. Proceeds from this event will
benefit the Collier County Museums and MIFA's mission of promoting Arts on Marco Island.
FISCAL IMPACT: MIFA will donate fifty percent of funds collected to the Collier County Museums.
The revenue is specifically budgeted in the Museum Fund 198.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval. — CMG
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item at this time.
RECOMMENDATION: That the Board of County Commissioners approves a Collier County Museum
Facility and Exhibit Use Agreement with MIFA, and authorizes the Chairman to execute said Agreement.
Prepared By: Timothy England, Museum Manager, Marco Island Historical Museum
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6/24/2014 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16. D. 16. D. 15.
Item Summary: Recommendation to approve a one -time Exhibition and Facility Use
Agreement with the Marco Island Foundation for the Arts to provide exhibit and an after -hours
event reception space at the Marco Island Historical Museum.
Meeting Date: 6/24/2014
Prepared By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
6/10/2014 10:39:48 AM
Submitted by
Title: Director - Museum, Museum
Name: JamroRon
6/10/2014 10:39:49 AM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/10/2014 2:10:46 PM
Name: JamroRon
Title: Director - Museum, Museum
Date: 6/10/2014 2:50:18 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 6/10/2014 4:15:00 PM
Name: WardKelsey
Title: Manager - Procurement, Purchasing & General Services
Date: 6/10/2014 5:21:54 PM
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6/24/2014 16.D.15.
Name: JohnsonScott
Title: Manager - Procurement, Purchasing & General Services
Date: 6/11/2014 9:28:02 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 6/11/2014 10:51:08 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 6/11/2014 3:33:15 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 10:22:01 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 6/13/2014 5:04:01 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/16/2014 10:02:23 AM
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6/24/2014 16.D.15.
STANDARD FORM MUSEUM AGREEMENT
Collier County Museum
THIS EXHIBITION AGREEMENT (hereinafter "Agreement") is made and entered into
this of �`�`�2014, by and between the Marco Island Foundation for the Arts (hereinafter
"MIFA "), with an address at � �x /v�f irlenr.7s ' end 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.
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ED
6/24/2014 16.D.15.I
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- govemmentaI 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 151, 2nd, and 3" 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:
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To County:
Ron 3amro, Director
Collier County Museum
3331 Tamiami Trail East
Naples, FL 34112
Direct: (239) 252.8724
Main: (239) 252.8476 Fax; (239) 252.8580
Email: roniamro@colhergov.net
To MIFA:
President
Marco Island Foundation for the Arts
P.Q. Box 1091
Marco Island, FL 34145
(239) 389.0280
www.marcoarts.org
6/24/2014 16.D.15.
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
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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
TOM HENNING, CHAIRMAN
Approved as to form
and legality:
all-=M. Greene
Assistant County Attorney
AS TO MIFA:
Name:
Title:
The foregoing instrument was acknowledged before me this qj"'dayof cJ u N `p_ , 2014,
by �a b yu_ &22r , as 1�- jde ,�F ,t 1AP , who is personally known to me or has produced
FL 0L as identification.
�4'RY PVB Ii
=o� GUADALUPE 1ILLINJR
Notary Public • State of
My Comm. Expires dan Commission # EE 14
Notary Public
Print Name: � UadayeC 7('(('l &.9 �r
My Commission Expires: P 1- D (- j
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