HomeMy WebLinkAbout2006-016RESOLUTION NO. 2006- 016
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, GRANTING AUTHORIZATION TO THE
GENERAL SERVICES DIRECTOR OR HIS DESIGNEE
TO EXECUTE HOLD HARMLESS AGREEMENTS ON
BEHALF OF INDIAN RIVER COUNTY TO ALLOW
EXHIBITORS, THROUGH THE CULTURAL COUNCIL
OF INDIAN RIVER COUNTY, TO DISPLAY ART IN
COUNTY OWNED BUILDINGS.
WHEREAS, the Cultural Council of Indian River County holds the
designation as our Local Arts Agency and has an established Art in Public Places
Committee; and
WHEREAS, the Cultural Council of Indian River County arranges
quarterly exhibitions to be displayed in County owned buildings; and
WHEREAS, it is necessary that the Board of County Commissioners
be held harmless by the exhibitors in displaying their art in public buildings owned by
the County; and
WHEREAS, one of the forms for hold harmless agreement presently
being used for the courthouse is causing discomfort among the exhibitors in that the
language is not concise enough to understand; and
WHEREAS, the Cultural Council of Indian River County has requested
that one form of hold harmless agreement be developed to use for all County owned
buildings with a goal that it could also be used for all other public venues; and
WHEREAS, a revised form of Hold Harmless Agreement, a copy of
which is attachedhereto, has been developed in an attempt to achieve such goal;
and
WHEREAS, the Agreement requires the signature of the Board of
County Commissioners Chairman, unless that authority is delegated by resolution,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, that:
1. The "Hold Harmless Agreement" as attached hereto is to be
used when exhibitors wish to display their art in County owned buildings;
RESOLUTION NO. 2006- 016
2. The General Services Director or his designee is authorized to
execute the Hold Harmless Agreement on behalf of the Board of County
Commissioners of Indian River County.
The fo'regoing resolution was offered by Commissioner
Wheeler and seconded by Commissioner Bowden , and, upon
being put to a vote, the vote was as follows:
adopted this
Chairman Arthur R. Neuberger
Vice Chairman Gary C. Wheeler
Wesley S. Davis
Thomas S. Lowther
Sandra L. Bowden
Aye
Aye
Aye
Ay e
Ayc
The Chairman thereupon declared the resolution duly passed and
7th day of February, 2006.
ATTEST: Jeffrey K. Barton, Clerk
A.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Deputy Clerk
APPROVED AS YO FORM
AND LEGAL SUFFICIENCY
BYZ
WILLIAM G. COLLINS W
COUNTY ATTORNEY
2
Arthur R. Neube .e. Chairman
F:Wttomey\Nancy\DOCS\RES\authorizing general services director to execute hold harmlessst It agree.doc
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made this day of , 200_ between
(EXHIBITOR), whose mailing address is
, and the
CULTURAL COUNCIL OF INDIAN RIVER COUNTY, whose address is 2145 14th Avenue,
Suite 11, Vero Beach, Florida 32960, together with the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, whose mailing address is 1840 25th
Street, Vero Beach, Florida 32960 (INDEMNITEES):
WITNESSETH:
WHEREAS, EXHIBITOR wishes to display art works at
(EXHIBITION and/or FACILITY) from the date of
delivery/installation: to date of removal. •
NOW, THEREFORE, in consideration of good and valuable consideration, the
receipt of which is hereby acknowledged, the parties agree as follows:
1. INDEMNITEES agree to allow EXHIBITOR to display its artwork at the
FACILITY.
2. EXHIBITOR agrees to indemnify, hold harmless, and defend INDEMNITEES
its, agents, employees, and volunteers from any and all claims, demands, damages including
but not limited to theft, fire, vandalism, malicious mischief, and liabilities or suits of any kind
whatsoever arising from or due to EXHIBITOR'S displays.
3. EXHIBITOR agrees that any cleaning maintenance and/or special security
required prior to, during, and after removal of exhibits shall be the responsibility of
EXFILBITOR.
IN WITNESS WHEREOF, the parties set their hands and seals on the above date.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
WILLIAM G. COLLINS 1!
COUNTY ATTORNEY
EXHIBITOR
CULTURAL COUNCIL OF INDIAN RIVER
COUNTY
INDEMNITEE
By:
Mary Jayne Kelly, Executive Director
Authority: Cultural Council Resolution No.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
INDEMNITEE
By:
Thomas S. Frame, General Services Director
Authority: BCC Resolution No. 2006-016
2
F:\Attorney\Nancy\DOCS\DOC\HOLD HARMLESS AGREEMENT cultural council.doc