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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 Packet Page -1823- 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 Packet Page -1824- 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 Packet Page -1825- 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. Packet Page -1826- 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 Packet Page -1826- 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 Packet Page -1827- 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 Packet Page -1828- 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 2 Packet Page -1829- 2/26/2013 16.D.8. 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. Packet Page -1830- 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, 4 Packet Page -1831- 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: Packet Page -1832-