Broward County Commission Regular Meeting
Director's Name: Monica Cepero
Department: County Administration Division: Cultural Division
Information
Requested Action
title
MOTION TO APPROVE updated standard form agreements for the Cultural Division’s Public Art & Design Program pursuant to Section 33.46 of the Broward County Administrative Code; authorize the County Administrator to approve and execute the agreements with no material modifications that would increase the legal or financial risk to Broward County and subject to review and approval for legal sufficiency by the County Attorney’s Office.
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Why Action is Necessary
The Broward County Administrative Code requires approval of standard form agreements by the Broward County Board of County Commissioners (“Board).
What Action Accomplishes
This action will approve the updated standard form agreements for the Public Art & Design Program.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
BROWARD CULTURAL DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This item supports the Board's Healthy Community Goal of cultivating community culture, arts, recreation, and life-long learning.
The standard form agreements currently in use for the Cultural Division's Public Art & Design Program were approved by the Board on February 26, 2019 (Item No. 28).
Broward County’s Cultural Division requests the Board to approve the updated standard form agreements for use by the Cultural Division for the current Fiscal Year and up to four additional Fiscal Years through September 30, 2029, subject to any legal updates as may be required from time to time and approved by the County Attorney’s Office, and any non-substantive changes approved by the Division's Director after approval as to legal sufficiency by the County Attorney’s Office.
The three form agreements are: (1) Art Curatorial-Custodial Agreement (Exhibit 1), (2) Commissioned Artwork or Artistic Services Agreement (Exhibit 2), and (3) Art Purchase Agreement (Exhibit 3).
The use of the standard form agreements is in accordance with the authority provided in Sections 33.46 and 33.47 of the Broward County Administrative Code. Any agreement that deviates materially from the approved standard form agreements shall be presented to the Board for approval and execution unless the modification is required for compliance with applicable law, permitted under the Broward County Administrative Code, required by the County's Risk Management Division as to insurance requirements, or required by the County Auditor's Office as to audit requirements.
The updates to the form agreements are generally legal updates to reflect updated state and federal statutes and updated County standard provisions, and housekeeping changes that reflect administrative and business changes. The substantive changes include granting the County more protection and greater control during the administration of the agreement.
Source of Additional Information
Phillip Dunlap, Director, Cultural Division, (954) 357-7456.
Fiscal Impact
Fiscal Impact/Cost Summary
None.