Agenda 02/26/2013 Item #16D 82/26/2013 16.D.8.
EXECUTIVE SUMMARY
Recommendation to authorize the Chairwoman to sign an Exhibition Loan Agreement between
Collier County and the Mennello Museum of American Art in Orlando, Florida, and approve a
budget amendment recognizing and appropriating the resulting revenue of 56,000.
OBJECTIVE: To approve a loan of museum items from the Rob Storter Art Collection for temporary
exhibition at the Mennello Museum of American Art in Orlando, Florida.
CONSIDERATIONS: Collier County Museum staff has negotiated a loan agreement with the Mennello
Museum of American Art in Orlando, Florida to exhibit a selection of items from the Rob Storter Art
Collection, an asset of the Collier County Museum. The art exhibit will be on display in Orlando from
May 1, 2013 to January 6, 2014. The exhibition is the Collier County Museum's first traveling exhibit
and was produced in partnership with the Friends of the Museum of the Everglades. It is entitled "Never
No More: Storter's Southwest Florida" and consists of three introductory panels and 30 framed original
works of art by Collier County pioneer Robert Storter.
In accordance with the Agreement, the Mennello Museum of American Art will pay the Collier County
Museum a $6,000 dollar participation fee for use of the exhibit. The Mennello Museum will also pay all
insurance, shipping and handling costs.
FISCAL IMPACT: Approval of this agreement and budget amendment will increase the Museum's
operating budget (Fund 198) by $6,000.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires
majority vote, and is legally sufficient for Board action. — CMG
RECOMMENDATION: That the Board of County Commissioners approve and authorize the
Chairwoman to sign an Exhibition Loan Agreement with the Mennello Museum of American Art in
Orlando, Florida, and approve a budget amendment recognizing and appropriating revenue of $6,000.
Prepared by: Gary Vincent, Museum Manager
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2/26/2013 16.D.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve an exhibition agreement with the Mennello
Museum of American Art in Orlando, Florida, and approve a budget amendment recognizing
and appropriating the resulting revenue.
Meeting Date: 2/26/2013
Prepared By
Name: ApkarianChristina
Title: Administrative Assistant, Museum
1/30/2013 3:36:55 PM
Submitted by
Title: Administrative Assistant, Museum
Name: ApkarianChristina
1/30/2013 3:36:57 PM
Approved By
Name: JamroRon
Title: Director - Museum,Museum
Date: 2/7/2013 2:52:27 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 2/8/2013 1:00:55 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 2/8/2013 1:09:33 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 2/14/2013 3:56:20 PM
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Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 2/14/2013 4:14:22 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/15/2013 10:02:08 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/15/2013 10:07:34 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 2/15/2013 6:22:59 PM
Name: OchsLeo
Title: County Manager
Date: 2/16/2013 3:25:02 PM
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2/26/2013 16.D.8.
2/26/2013 16.D.8.
EXHIBIT A: Selected works from the "Collection" that will travel. "Collection" is County asset
barcode number CT25951, system number 025951.000.
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Museum accession number
Title
Appraised value
(from July 30, 2008 report)
1
07.10.161
Everglades, Old Home
$1,000.00
2
07.10.210
Sunset off Cape Romano
$100.00
3
07.10.61
We Goin' Swimming, We Goin' Home
$125.00
4
07.10.22
Duck Rock, 1935
$1,000.00
5
07.10.20
Loggerhead on Naples Beach
$550.00
6
07.10.179
Cane Scow on Halfway Creek
$850.00
7
07.10.144
Ethel Q
$750.00
8
07.10.19, 29, 30
Fish Trip (3 pieces framed together)
$750.00
9
07.10.153
Key West in the Sailboat Days
$150.00
10
07.10.88
Dry -Stop Mullet Fishing
$500.00
11
07.10.143
Wild Turkeys
$550.00
12
07.10.148
Deep Lake
$350.00
13
07.10.38
Mad Boar
$750.00
14
07.10.158
Old Punta Rassa
$300.00
15
07.10.142
Little Pavilion Key Clam Tents
$750.00
16
07.10.195
My First Home, Naples
$850.00
17
07.10.192
Bear at Haldeman's House
$1,000.00
18
07.10.145
Tamiami Trail, Roscoe Walker
$950.00
19
07.10.193
Filling in Naples Canal
$850.00
20
07.10.81
Naples, Mackerel Fleet
$650.00
21
07.10.220
Combs Fish Company
$150.00
22
07.10.90
Old Way, New Way
$350.00
23
07.10.146
Shrimp Boat
$375.00
24
07.10.136
Clara and Clam Dredge
$600.00
25
07.10.110
Inboard Invention
$125.00
26
07.10.84
Sawfish
$100.00
27
07.10.94
Crabs
$150.00
28
07.10.124
Doctor's Pass
$200.00
29
07.10.46
Swimming Deer
$350.00
30
07.10.24
So Many Changes
$650.00
Total appraised value:
$15,825.00
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EXHIBIT B
2/26/2013 16.D.8.
Exhibition: Never No More: Starter's Southwest Florida
Borrowing Institution: Mennello Museum of American Art
Borrower's Billing Address: 900 East Princeton Street, Orlando, FL 32803
Borrower's Shipping Address: 900 East Princeton Street, Orlando, FL 32803
Borrower's Phone: (407) 246.4278
Booking Dates: May 1, 2013 — January 6, 2014
Participation Fee: $6,000.00
Shipping: TBD
Security Level: Moderate
Exhibition Contents:
• Three (3) framed introductory panels, 24" x 36" each in size
• Thirty (30) framed original artworks in a variety of sizes
• Thirty (30) captions, 12" square each in size, printed on W black sintra
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2/26/2013 16.D.8.
STANDARD FORM EXHIBITION AGREEMENT
Collier County Museum
THIS EXHIBITION AGREEMENT (hereinafter referred to as the "Agreement ") is made
and entered into this of , 2013, by and between Mennello Museum of
American Art (hereinafter referred to as "Exhibitor "), with an address at 900 East Princeton
Street, Orlando, FL 32803, and Collier County, Florida, a political subdivision of the State of
Florida (hereinafter referred to as "County ").
RECITALS:
WHEREAS, County is the owner of a certain collection of art works described in Exhibit
A (hereinafter referred to as the "Collection "); and
WHEREAS, Exhibitor would like to exhibit the Collection in the manner set forth in
Exhibit B; and
WHEREAS, County is willing to loan Exhibitor the Collection for purposes of their
exhibition at 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 Exhibitor will pay County a Participation Fee of $6,000.00. Payment
shall be made on execution of this Agreement.
3. Transportation. County will make all arrangements for the shipment of the
Collection, subject to the approval of Exhibitor, and Exhibitor shall prepay County in full for all
shipping costs. Shipping and all other instructions provided by County must be followed
explicitly. Following the conclusion of the exhibition, at its sole cost and expense, Exhibitor
shall promptly pack and return the Collection back to County in the manner directed by the
County. Exhibitor will be responsible for any costs incurred by County for its failure to comply
with the packing/shipping schedule due to delay, including but not limited to, expedited
shipping, overtime installation costs or income loss. Alternatively, County may direct Exhibitor
to ship the Collection to the next exhibition, at such terms and conditions as the parties then
agree upon.
4. Insurance. Exhibitor will provide all risks wall -to -wall insurance coverage of the
Collection during its presentation at the exhibit site. County must be named as an additional
insured on the Exhibitor's policy and Exhibitor must provide County with a Certificate of
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2/26/2013 16.D.8.
Insurance outlining the terms of coverage for the exhibition during its presentation. During the
period when the Collection is at Exhibitor's site, Exhibitor shall be liable for any damages to the
Collection other than the damages that arise from the negligence of County. Any damages or
change in condition of an artifact in the Collection must be reported within three business days,
first by telephone and subsequently in writing as set forth more particularly in the notice
provision below.
5. Indemnification by Exhibitor. County will have no responsibility for the day -to-
day operations of the exhibition. Exhibitor agrees to indemnify and hold harmless County, its
elected officials, employees, agents and sponsors (if any) of its exhibition of the Collection 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 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
Exhibitor is a government or quasi - governmental entity, the Exhibitor'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.
6. Installation and Security. The Collection must be exhibited at the site named in
this Agreement. Any proposed change in the exhibition location must be approved by County, in
writing, at least three months prior to the exhibition opening.
Exhibitor may not send the Collection to any Iocation outside of Exhibitor's building for storage
or display. Exhibitor is responsible for all local costs incurred in presenting the exhibition,
including, but not limited to unpacking/repacking, installation, publicity, signs, security, opening
events, invitations, etc. Empty crates and all packing material must be stored in a secure facility.
Should off -site storage for empty crates be necessary, the costs will be borne by Exhibitor, and
County must be notified of the location.
It is the responsibility of Exhibitor to inspect all packing materials for the exhibit upon arrival to
Exhibitor's site. Should damages occur during transit, County must be notified immediately.
All packing materials must be saved and damaged packing materials should be documented by
photography and written description. All of the packing materials provided by County shall be
saved by Exhibitor for reuse when the exhibition is packed for shipment to the next venue or
back to County. In the event that any of the packing materials provided are damaged or deemed
unusable, substitute or replacement materials may be used with approval from County. Any
costs related to the replacement or repair of packing materials shall be the responsibility of
County if such replacement or repair is the result of wear and tear.
The area in which the exhibition is stored temporarily, unpacked/repacked, and otherwise
prepared in advance of its installation and following its dismantling must be climate - controlled
and must be locked and secured during working hours and non - working hours. Protected storage
space for exhibition materials, packing materials and packing containers must be provided.
During the hours the exhibition is open to the public or whenever the gallery is open to staff
and/or special groups, staff fully sufficient to cover the exhibition must be deployed with
periodic checks during the day to assure that artifacts and exhibit elements are secure. Galleries
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must be locked and secure during non - public hours and must be monitored electronically or be
toured regularly by the Exhibitor's security staff. An open mall, hallway, or lounge area is not
acceptable.
The exhibition may be installed only in a facility that is equipped with adequate climate control,
fire detection/prevention, and operational security systems. Climate control and fire
detection/prevention must operate on a 24 hour per day, 7 day per week basis. A completed
facility report must be received and approved before County will sign the contract. Exhibitor
will inform County if it is no longer able to comply with all of the statements made in its facility
report provided to County.
An institution unable to exhibit all objects must notify County before the exhibit opens to the
public in order for acceptable storage plans to be made. Exhibitor shall absorb related expenses.
Any additional printed visual materials prepared by Exhibitor for inclusion in the exhibition must
be sent to County and receive written approval prior to the opening of the exhibition.
County reserves the right to withdraw an artifact or artifacts from the exhibition for any reason
during its circulation. In such instances, Exhibitor shall comply promptly with packing/shipping
instructions provided by County. The expenses involved in the withdrawal will be borne by
County unless other arrangements are agreed upon by both parties.
Smoking, eating and drinking are not allowed at any time in the exhibition gallery, staging area,
or storage area. All construction, painting and preparation must be completed before the
exhibition artifacts are brought into the exhibition staging area. No one other than professional
staff directly involved with the exhibition installation is allowed in the staging and exhibition
areas once processing, installation or de- installation begins. Outside visitors and other museum
staff must not be allowed into these areas until exhibition materials are repacked into crates or
otherwise secured.
A professional curator, registrar or conservator must perform the packing, handling and
inspecting of artifacts. Objects must remain in the condition in which they are received. They
must not be cleaned without written authorization from County's Curator of Collections or
Museum Director. Under no circumstances should any object be transported in damaged
condition. Except for emergency procedures to arrest further damage, no conservation or
restoration work may be performed by Exhibitor.
Only photographic materials supplied by County are approved for publicity purposes, and only
when conditions of reproduction are strictly observed. County will allow unrestricted coverage
by media (TV, radio, news stations, newspapers, etc.) while the exhibit is open to the public,
without prior written consent.
Exhibition texts provided by County may not be altered or revised without written permission of
County.
At the close of the exhibition, the following documentation must be forwarded to County:
- Samples of any printed matter produced by Exhibitor, in conjunction with the exhibit.
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2/26/2013 16.D.8.
- Copies of all printed reviews, articles, and paid advertisement, as well as listing of
coverage by other media.
- Attendance figures for the exhibition.
- Photographs of the exhibition set -up at Exhibitor's facility.
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 exhibition of the Collection. 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:
To County:
Jennifer Guida, Curator of Collections
Collier County Museum
3331 Tamiami Trail East
Naples, FL 34112
Direct: (239) 252.8724
Main: (239) 252.8476 Fax: (239) 252.8580
Email: ienniferguida@colliergov.net
To Exhibitor:
Mennello Museum of American Art
900 East Princeton Street
Orlando, FL 32803
(407) 246.4278
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 Exhibitor, 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. In exhibiting the Collection, Exhibitor 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,
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2/26/2013 16.D.8.
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.
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:
Georgia A. Hiller, Esq., Chairwoman
Board of County Commissioners
AS TO EXHIBITOR:
Name:
Title:
The foregoing instrument was acknowledged before me this day of , 2013,
by , as , who is personally known to me or has produced
as identification.
Approved as to form
world legal sufficiency.
effi ev A. Klatzkow
County Attorney
Notary Public
Print Name:
My Commission Expires:
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