HomeMy WebLinkAboutMuseum Services Agreement 19901
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
MUSEUM SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this
day of , 1990, by and between the CITY OF AUBURN,
WASHINGTON, municipal corporation of the State of Washington
herein referred to as CITY and the WHITE RIVER VALLEY
HISTORICAL SOCIETY, a Washington non-profit corporation,
herein referred to as SOCIETY.
WHEREAS, in 1958 the citizens of the White River Valley,
including residents of Auburn, Kent, Algona, Pacific, and
other areas joined together to form a historical SOCIETY
dedicated to preserving the history of their region; and
WHEREAS, this society became know as the White River
Valley Historical Society; and
WHEREAS, the SOCIETY built a museum in Les Gove Park, in
Auburn, Washington; and
WHEREAS, in 1988 members of the SOCIETY approached the
CITY for financial assistance to improve its services and
facility; and
WHEREAS, the CITY recognizes that the SOCIETY's museum is
a major asset to the citizens of Auburn and the Valley -at -
large; and
Museum Services Agreement
f Reaotution No. 2117)
August 10, 1990
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, the CITY desires to assist the SOCIETY to
transform the organization into one which is strong, vibrant,
and secure
for the good of the citizens of Auburn Valley -at -
large, and
WHEREAS, the CITY and the SOCIETY desire to enter into a
cooperative
agreement.
NOW THEREFORE,
THE CITY AND THE SOCIETY IN CONSIDERATION
OF THE CONDITIONS
AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
Article
I. Responsibilities of the SOCIETY and Property
Ownership
1.1
Duties, Responsibilities, & Authority of the
SOCIETY
The
SOCIETY, with the assistance of the Museum
Director (The "Director), will be responsible for
the following:
A.
Develop collection policy
B.
Develop conservation goals for the collection
Co
Develop policy and goals for educational and
community outreach programs.
D.
Develop policy and goals for major
interpretative theme of Museum.
E.
Develop policy for exhibits.
Museum Services Agreement
(Resolution Mo. 2117)
August10,1990
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
F.
Recruit and train volunteers and docents.
G.
Expand SOCIETY membership.
L
Increase earned and unearned income for the
Museum including the planning and implementation
of an annual giving campaign and fundraising
events.
i. The SOCIETY may apply for and accept
public and private funds with the approval of the
Interim Museum Planning Committee (IMPC) for
specific programs, exhibits, and activities which
are related to or take place within the Museum.
ii. The SOCIETY may apply for and accept
public and private funds for specific programs,
exhibits, and activities separate and unrelated
to those programs, exhibits, and activities of
the Museum.
I.
Market and Promote the Museum's programs.
J.
Provide for maintenance, utilities, and
operational materials for running of Museum.
K.
Authorize the,Director to apply for grants on
behalf of the Museum.
Museum Services Agreement
(Resolution No. 2117)
August 70, 1990
Page 3
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
L.
Write job descriptions for Board membership and
museum volunteers.
M.
Review and make recommendations regarding all
inter -local agreements between the CITY and other
municipalities
1.2
Building and Colleotion ownership
A.
The Museum facility located in Les Gove Park,
918 H Street Southeast, Auburn Washington, is the
sole property of the SOCIETY.
B.
The land upon which the facility located at the
above stated address is resting is the sole
property of the CITY of Auburn. This Agreement
does not nullify any previous agreements between
the CITY and the SOCIETY regarding this land by
the SOCIETY.
C.
All artifacts and other matter located within
the facility are the sole property of the
SOCIETY.
1.3
SOCIETY and Museum Policies
At the conclusion of this Agreement period, the
SOCIETY shall submit to the CITY a written
Mission Statement for the Museum, a written
Museum Services Agreement
(Resotation No. 2117)
August 10I 1990
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 j
Mission Statement for the SOCIETY and written
policies and guidelines for the following:
curation of exhibits, preservation of artifacts,
acceptance of donations, identification of
interpretative themes, development of satellite
facilities, educational goals, outreach
activities, and any other pertinent matters which
may be identified by the SOCIETY during the 15
month contractual period.
1.4 SOCIETY Resume
The SOCIETY, with the assistance of the
Director shall prepare an institutional resume
for itself. This document shall be submitted to
the CITY no later than April 15, 1991.
1.5 Annual Report
The SOCIETY with the assistance of the Director
shall submit an annual report for fiscal year
1991 to the CITY by April 15, 1992.
Article 2. Responsibilities and Authority of the CITY
2.1 CITY of Auburn will have the responsibility for
the following:
Museum Services Agreement
(Resolution No. 21t7)
August tl), 1990
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A.
ng and firing of a Director for the Museum
as set out in Article 4.
13.
Provision of salary and benefits for the
Director.
C.
Supervision of the Director.
D.
Provision of a computer and laser printer for
use at the Museum for the duration of the Interim
Period.
i. Computer will be on loan from the CITY.
ii. Computer software and supplies will be
provided by the CITY.
iii. Computer maintenance will be provided by
the CITY.
iv. Upon Termination of this Agreement as set
out in Article 10, all information stored on
computer disks becomes the property of the
SOCIETY.
E.
Provision of outside building and grounds
maintenance.
F.
Provision of up to $750 in 1990 and $3,000 in
1991 for printing of Museum materials.
Museum Services Agreement
(Resolution No. 2117)
August10,1990
Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
G. Administration and management of any inter -
local government agreements as they pertain to
the Museum and/or the SOCIETY.
Article 3. The Interim Museum Planning Commission
(IMPC)
3.1
Purpose
The IMPC will be established for the purpose of
developing a long range plan for the Museum in
terms of governance, funding, and future
management and staffing.
3.2
Membership and structure
A.
The IMPC shall function as a CITY of Auburn
Public Commission and shall be accountable for
following all rules and regulations thereof.
B.
The IMPC shall be responsible for the
expenditures of budgeted CITY funds and shall
serve in an advisory capacity to the SOCIETY and
the CITY.
C.
The IMPC shall consist of at least 12 members.
i. The SOCIETY President will appoint five
members from the SOCIETY Board of Directors to
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
the IMPC. The SOCIETY President or his
representative will be the sixth representative
from the SOCIETY to the IMPC.
ii. The Mayor of Auburn shall appoint six
members -at -large who are citizens of the White
River Valley area. Appointments shall be made
with consideration of specific needs of the IMPC
and may include citizens serving on other CITY
Boards and Commissions.
iii. Should any municipality or governmental
agency join into an inter -local agreement with
the CITY of Auburn for the purpose of providing
operation and/or capital funds for the Museum
during the Interim Period, the chief governing
official of that agency may appoint up to two
persons to the IMPC. A like number of persons
may be appointed to the IMPC from the SOCIETY.
D. There shall be a chair and vice -chair of the
IMPC. The president of the SOCIETY or his
representative shall be the chair and the vice -
chair shall be one of the members -at -large
selected by the Mayor of Auburn.
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
3.3 Meetings
A. The IMPC shall meet at least bimonthly and the
Director or a person selected by the Director
shall take minutes of each meeting.
B. All meetings shall comply with the State of
Washington open meeting law and shall. be held
during a time when most convenient for the
majority of the members to attend.
3.4 Duration of the IMPC
At the end of the Interim Period, the IMPC will
cease to exist.
3.5 Responsibilities, Duties, and Authority
A. The IMPC will make recommendations for future
governance of the Museum.
B. Analyze earned income potential for the Museum.
C. Make recommendations for long-term staffing
needs for the Museum.
D. Review programs, projects, and event priorities
as submitted by the Director on behalf of the
SOCIETY for the Museum during Interim Period,
Museum Services Agreement
(Resolution No. 2717)
August 10, 1990
Page 9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
E.
Prioritize capital projects currently planned
by the SOCIETY for the Museum and develop
recommendations for ongoing improvements.
F.
Prioritize all major commitments proposed by
the Director on behalf of the SOCIETY for the
Museum during interim period.
G.
Prioritize all grant requests/proposals during
interim period submitted by the Director on
behalf of the SOCIETY for the Museum.
A.
The IMPC will develop recommendations for a
second interpretative facility possibly to be
located in a neighboring CITY.
3.6
IMPC Report
At the conclusion of this Agreement period, the
IMPC shall submit to the CITY a written 5 year
plan containing recommendations for the future
governance, management, staffing and funding of
the Museum. This plan shall be developed with
the cooperation and assistance of the Director
and submitted for approval by the SOCIETY Board
of Directors and Auburn City Council,
Museum Services Agreement
(Resolution No. 2117)
August10,1990
Page 10
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Article 4. The Director.
4.1 Selection and Reporting Structure
A. The SOCIETY and CITY will cooperate in hiring a
full-time professional director for the Museum.
The job description will be mutually agreed upon
by the CITY and the SOCIETY and will be written
in accordance with the City of Auburn Personnel
Department Policies and Procedures.
i. The position will be advertised using
normal City of Auburn Personnel Department
Procedures. Special placements of advertisements
in professional or other publications as
recommended by the SOCIETY or City Personnel will
be handled by the CITY of Auburn Personnel
Department.
ii. Applications for the position will be
accepted within the filing period as defined by
the City of Auburn Personnel Department and will
only be accepted at the City of Auburn Personnel
Department.
Museum Services Agreement
(Resolution No. 2117)
August10,1990
Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
. The SOCIETY may inform interested
candidates about the position but may not accept
applications on behalf of the CITY.
B. There will be a Director Selection Committee
consisting of the SOCIETY President, two persons
designated by the SOCIETY President, two persons
from the City of Auburn, one representative from
the City of Auburn Personnel Department. One
person from a neighboring municipality may be
substituted for one of the persons from the City
of Auburn if an interlocal agreement between both
cities is made prior to the hiring process.
C. All applications shall be reviewed according to
the City of Auburn Personnel Department standard
criteria. The top candidates, will be
interviewed by the Selection Committee. The
Selection Committee shall forward the names of
the top 3 candidates to the CITY for final
selection and approval by the Director of the
Department of Parks and Recreation and the Mayor.
Museum Services Agreement
(Reaolution No. 2117)
August 10, 1990
Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15'
16
17
18
19
20
21
22
23
24
25
26
D. Prior to ng, the candidate's references and
background will be thoroughly examined by the
City of Auburn.
E. The Director shall report directly to the
Coordinator of Cultural Programs for the City of
Auburn.
F. The Director's performance shall be reviewed at
least quarterly during the Interim Period. The
Coordinator of Cultural Programs shall conduct
this review in private with the Director. Prior
to each review, the Coordinator of Cultural
Programs shall meet with the SOCIETY President,
one SOCIETY Board member as selected by the
President, and one member of the IMPC: as selected
by the CITY for a confidential discussion of the
Director's performance. Should the Director not
meet the criteria for a satisfactory evaluation
the following procedure shall be followed:
i. The Director will be notified of area to
improve and be given specific goals to meet by
the next evaluation period.
Museum Services Agreement
(Resolution Mo. 2117)
August10,1990
Page 13
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
iie if satisfactory progress has not been met
by the second review, the Director will be given
new goals and a second opportunity to meet the
required performance standards.
iii. If by the third review, it is clear that
this is not a good employment situation for the
employee, the SOCIETY, or the CITY, the Director
will be terminated.
G.
The Director shall be hired for the duration of
this Agreement or shall be terminated in
accordance with Article 4.1 Section F iii and
Article 10,
4.2
Duties, Responsibilities, and Authority of the
Director
The Director of the Museum will have the
following Authority and perform the following
duties:
A.
Foster a cooperative environment between the
SOCIETY, and IMPC.
B.
Manage the daily operation of the Museum.
C.
Prioritize, schedule and determine scope and
content work assignments for volunteers.
Museum Services Agreement
(Resolution No. 2717)
August 10I 1990
Page 14
i
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
D. Provide leadership for projects, events,
programs of Museum.
E. Supervise curation of artifacts and
preservation of such.
F. Make recommendations regarding future Museum
governance to IMPC.
G. Prepare annual budget of Museum.
H. Prepare grant proposals and funding requests on
behalf of SOCIETY.
I. Supervise, direct, and initiate Museum
administration of records, files, collections of
artifacts.
J. Supervise and coordinate cataloging of Museum
artifacts.
K. Coordinate Museum activities with other CITY
Departments,
L. Design and implement school and community
outreach programs.
M. Recommend to SOCIETY major interpretative theme
exhibits for Museum.
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
N.
Supervise any contractual personnel which may
be hired for Museum by SOCIETY during Interim
Period,
0.
Administer and authorize Museum expenditures
within Interim Period Budget.
i. Such Museum expenditures may be made by
Director using budgeted CITY and/or SOCIETY
funds, subject to SOCIETY spending limits for
SOCIETY funds.
ii. Museum expenditures which may exceed the
budget must be approved by the SOCIE91Y and CITY
prior to release of funds.
P.
Attend all meetings of SOCIETY, IMPC, SOCIETY
Board, CITY staff, and others as required.
Q.
Represent the Museum and the CITY at all public
meetings and serve as spokesperson for the
Museum.
R.
Gather data, conduct research, and photographic
evidence to place artifacts currently housed in
Museum in historical perspective.
S.
Recommend appropriate hours of operation for
Museum and coordinate staffing and administration
Museum Services Agreement
(ResoWtion Ro. 2717)
August 10, 1990
Page 16
1
2
of Museum during those hours Museum is open to
3
the public. Operational hours shall be approved
4
by the SOCIETY.
5
6
Article 5. Duration of Agreement
7
5.1 Agreement shall be effective for a 15 month
8
period beginning no earlier than October 1, 1990
9
and concluding no later than April 15, 1992,
10
unless terminated under provisions of Article 10,
11
12
Article 6. Finances
13
6.1 The Budget for the Interim Period will be
14
mutually agreed upon by the SOCIETY and the CITY.
15
i. SOCIETY budget adjustments shall not
16
affect funds allocated by the CITY.
17
ii. The SOCIETY may review and adjust its
18
budget as appropriate during the Interim Period.
19
iii. The IMPC will review and make
20
recommendations if appropriate for all SOCIETY
21
adjusted budgets for the operation of the Museum.
22
23
24
25
26
- - - ..... .......
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
6.2
Any excess expenditures which effect the
SOCIETY's financial accounts must be approved by
the SOCIETY prior to the release of funds.
6.3
The CITY will provide funds as set forth by
Article 2 of this Agreement.
6.4
The SOCIETY may accept funds from another
municipality for the Museum's operational or
capital expenditures. Acceptance of those funds
by the SOCIETY will not provide such municipality
with management or staffing authority for the
Museum. Such authority shall be granted only by
an inter -local agreement between the CITY and
such municipality.
6.5
Any funds allocated for capital improvements to
the Museum or related facilities currently in
existence or which may be developed in the future
must be held in an interest bearing account
separate from the SOCIETY's operational account.
6.6
All financial records of the SOCIETY shall be
subject to examination by the CITY at anytime
upon request during Agreement period.
Museum Services Agreement
(Resolution No. 2117>
August10,1990
Page 18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
6.7 The CITY will provide ongoing reports regarding
budgeted CITY expenditures for the Museum to the
IMPC and the SOCIETY.
6.8 The SOCIETY shall submit two professional
audits by a Certified Public Accountant to the
City of Auburn. Such audits shall be received by
the CITY as follows:
April 15, 1991 for fiscal year 1990
April 15, 1992 for fiscal year 1991
Artiole 7. Indemnification/Hold Harmless
7.1 The SOCIETY agrees to defend, indemnify and
hold harmless the CITY, its elected and appointed
Officials, employees, and agents from any and all
claims, demands and/or causes of action of any
kind or character whatsoever arising out of or
relating to the SOCIETY, its employees,
consultants, subcontractors, or agents for any
and all claims by any persons for alleged
personal injury, death, or damage to their
persons or property to the extent caused by
negligent acts, errors or omissions of the
Museum Services Agreement
(Resolution No. 2117)
August 10I 1990
Page 19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
SOCIETY, its employees, agents, consultants,
subcontractors, or representatives and arising
out of its performance of this Agreement except
where the claim, demand, and/or cause of action
arises as a result of the negligent acts, errors,
or omissions of the CITY, its elected and
appointed officials, employees, or agents. In
the event that any suit or claim for damage is
brought against the CITY, the SOCIETY will defend
the CITY at its sole cost and expense; provided
that the CITY retains the right to participate in
said suit if any principle of governmental or
public laws is involved; and if final judgement
be rendered against the CITY and/or its officers,
agents or employees or any of them, or jointly
against the CITY and the SOCIETY and their
representative officers, agents, employees, or
any of them, the SOCIETY agrees to fully satisfy
the same and the SOCIETY shall reimburse the CITY
for any cost and expense which the CITY has
incurred as a result of such claim or suit. The
provisions of this section shall survive the
Museum Services Agreement
(Resolution Xo. 2117)
August 10, 1990
Page 20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
expiration or termination of this Agreement as to
any suit or claim alleged acts, errors or
omissions occurring during the term of this
agreement.
Article 8 Nondisoriminatiott
8.1 The SOCIETY may not discriminate regarding any
services or activities to which this Agreement
may apply directly or indirectly through
contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national
origin, sex, age, or where there is the presence
of any sensory, mental or physical handicap.
Article 9. insurance
9.1 The SOCIETY shall maintain throughout the term
of this Agreement comprehensive general
liability insurance in the amount of one
million dollars combined single limits per
occurrence. The insurance policy shall name
the CITY OF AUBURN as additional insured. The
policy shall require a minimum of thirty (30)
Museum Services Agreement
(Resolution Xo. 2717)
August 10, 1990
Page 21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
days prior written notice to the CITY of any
cancellation or expiration of the policy or any
modification of any provisions of the policy.
Artiale 10. Termination of Agreement
10.1 This Agreement may be terminated by either
party upon 60 days written notice to the other
party, and based upon any cause.
10.2 Upon receipt of a termination notice under the
above paragraph, the CITY shall immediately cease
any and all support and all other in -kind
services for the SOCIETY.
Article 11. Getteral Provisions
11.1 This Agreement shall be governed by the laws,
regulations, and ordinances of the CITY of
Auburn, the State of Washington, King County, and
where applicable, Federal laws.
11.2 The CITY and the SOCIETY respectively bind
themselves, their partners, successors, assigns,
and legal representatives to the other party to
this Agreement with respect to all covenants to
Museum Services Agreement
(Resolution No. 2t17)
August10,1990
Page 22
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
this Agreement. Neither the CITY not- SOCIETY
shall assign this Agreement without the written
consent of the other.
11.3 This agreement may be altered, amended, or
appealed only by mutually written approval by the
CITY of Auburn and the SOCIETY.
ATTEST:
Robin Wohlhueter, City Clerk
D AS TO FORM:
Acting+City"A
Museum Services Agreement
(Resolution Xo. 2717)
August 10, 1990
Page 23
CITY OF AUBURN
M A Y O R
1YSITS RIVER VA];LEY
SIBTORICAL 8OCY.ETY
i
l
BY: �
AL IN LESLIE
TITLE: President