BROWARD CULTURAL DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This item supports the Board's value of cultivating community culture, arts, recreation, and life-long learning and goals relating to providing diverse artistic, cultural, educational, and historical amenities and programs that contribute to a vibrant, multi-cultural, and economically viable community.
Broward County’s Cultural Division requests the Board to approve three new Public Art and Design Form Agreements for use by the Cultural Division for the current Fiscal Year and up to four additional Fiscal Years through September 30, 2023, subject to any legal updates as may be required from time to time and approved by the Office of the County Attorney, and any nonsubstantive changes approved by the Division's Director after approval as to legal sufficiency by the Office of the County Attorney.
The three standard proposed form agreements are for Art Curatorial-Custodial Agreement, Commissioned Artwork or Artistic Services Agreement, and Art Purchase Agreement.
The use of the standard from agreements shall be in accordance with the authority provided in this Resolution and Sections 12.11, 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 recommended revisions to the form agreements are normal annual updates and housekeeping changes prepared by the County Attorney’s office and reflect updated legal, administrative, and business changes. Certain substantive changes have been made to the agreements to grant the County more protection and greater control during the administration of the Agreement. Other changes to the agreements have been made to reflect updated state and federal statutes as well as updated County standard provisions.
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