HomeMy WebLinkAbout2117
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RESOLUTION NO. 2 1 1 7
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
3 COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A MUSEUM SERVICES AGREEMENT BETWEEN THE CITY AND THE
4 WHITE RIVER VALLEY HISTORICAL SOCIETY.
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THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
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SECTION 1. The Mayor and City Clerk are herewith
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authorized to execute a Museum Services Agreemen't between the
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CITY OF AUBURN and the WHITE RIVER VALLEY HISTORICAL SOCIETY.
A copy of the said Agreement is attached and inct::>rporated
herein by reference as if set out in full.
section 2.
The Mayor is hereby authoriz~d to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
DATED and SIGNED this 20th day of August, 1990.
CITY OF AUBURN
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H.
Resolution No. 2117
August 8, 1990
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ATTEST:
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~tJ~~
Robin Wohlhueter, City Clerk
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Michael ~dS'
Acting City Attorney
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Resolution No. 2117
August 8, 1990
Page 2
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MUSEUM SERVICES AGREEMENT
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THIS AGREEMENT is made and entered into this ~~~
day of ai.-'r 1990, by and between the CITY OF AUBURN,
WASHINGTON, . municipal corporation of the State of Washington
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herein referred to as CITY and the WHITE RIVER VAJt.LEY
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HISTORICAL SOCIETY, a Washington non-profit corporation,
herein referred to as SOCIETY.
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WHEREAS, in 1958 the citizens of the White River Valley,
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including residents of Auburn, Kent, Algona, Pacific, and
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other areas joined together to form a historical SOCIETY
dedicated to preserving the history of their regit::>n; and
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WHEREAS, this society became know as the Whi'te River
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Valley Historical Society; and
WHEREAS, the SOCIETY built a museum in Les Gove Park, in
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Auburn, Washington; and
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WHEREAS, in 1988 members of the SOCIETY approached the
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CITY for financial assistance to improve its services and
facility; and
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WHEREAS, the CITY recognizes that the SOCIETY's museum is
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a major asset to the citizens of Auburn and the Valley-at-
large; and
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
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WHEREAS, the CITY desires to assist the SOCIgTY to
transform the organization into one which is strong, vibrant,
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and secure for the good of the citizens of Auburn Valley-at-
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large; and
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WHEREAS, the CITY and the SOCIETY desire to l:mter into a
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cooperative agreement.
NOW THEREFORE, THE CITY AND THE SOCIETY IN CONSIDERATION
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OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
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Article I. Responsibilities of the SOCIETY llnd Property
ownership
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1.1
Duties, Responsibilities, , Author:l ty of the
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SOCIETY
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The SOCIETY, with the assistance of the Museum
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Director (The "Director), will be responsible for
the following:
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A.
Develop collection policy
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B.
Develop conservation goals for the collection
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C.
Develop policy and goals for educa1:ional and
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community outreach programs.
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D.
Develop policy and goals for major
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interpretative theme of Museum.
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E.
Develop policy for exhibits.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
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F.
Recruit and train volunteers and dl::>cents.
G.
Expand SOCIETY membership.
H. Increase earned and unearned incomla 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 (I~[PC) for
specific programs, exhibits, and acti.vities which
are related to or take place within t.he 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 acti.vities of
the Museum.
I.
Market and Promote the Museum's programs.
Provide for maintenance, utilities, and
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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 10, 1990
Page 3
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L.
write job descriptions for Board m1embership and
museum volunteers.
Review and make recommendations re4;Jarding all
inter-local agreements between the CITY and other
municipalities
Building and Collection ownership
The Museum facility located in Les Gove Park,
918 H street Southeast, Auburn Washington, is the
sole property of the SOCIETY.
The land upon which the facility l4::>cated at the
above stated address is resting is the sole
property of the CITY of Auburn. This: Agreement
does not nullify any previous agreeme:nts between
the CITY and the SOCIETY regarding th.is land by
the SOCIETY.
All artifacts and other matter located within
the facility are the sole property of the
SOCIETY.
SOCIETY and Museum Policies
At the conclusion of this Agreemen1: period, the
SOCIETY shall submit to the CITY a written
Mission Statement for the Museum, a written
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
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M.
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1.2
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A.
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B.
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C.
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Mission statement for the SOCIETY and. written
policies and guidelines for the follc1wing:
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 o:E the
Director shall prepare an institution.al 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
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2.1
CITY of Auburn will have the responsibility for
the following:
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 5
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A.
Hiring and firing of a Director for the Museum
as set out in Article 4.
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B.
Provision of salary and benefits for the
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Director.
C.
Supervision of the Director.
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D.
provision of a computer and laser printer for
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use at the Museum for the duration of the Interim
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Period.
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i. Computer will be on loan from the CITY.
ii. Computer software and supplie:s will be
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provided by the CITY.
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iii. Computer maintenance will be provided by
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the CITY.
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iv. Upon Termination of this Agre1ement as set
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out in Article 10, all information stored on
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computer disks becomes the property of the
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SOCIETY.
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E.
provision of outside building and 9rounds
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maintenance.
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provision of up to $750 in 1990 and $3,000 in
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1991 for printing of Museum materials,.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 6
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G.
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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 cOB~ission
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3.1
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3.2
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A.
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B.
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C.
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(IMPC)
Purpose
The IMPC will be established for the purpose of
developing a long range plan for the Museum in
terms of governance, funding, and fut~ure
management and staffing.
Membership and structure
The IMPC shall function as a CITY t::>f Auburn
Public Commission and shall be accountable for
following all rules and regulations t.hereof.
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.
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
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the IMPC. The SOCIETY President or his
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representative will be the sixth representative
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from the SOCIETY to the IMPC.
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ii. The Mayor of Auburn shall app4::>int 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
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and may include citizens serving on other CITY
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Boards and Commissions.
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iii. Should any municipality or governmental
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agency join into an inter-local agree:ment with
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the CITY of Auburn for the purpose of' providing
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operation and/or capital funds for the Museum
during the Interim Period, the chief governing
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official of that agency may appoint up to two
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persons to the IMPC. A like number c.f persons
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may be appointed to the IMPC from the: SOCIETY.
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D.
There shall be a chair and vice-chair of the
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IMPC. The president of the SOCIETY or his
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representative shall be the chair and. the vice-
chair shall be one of the members-at-large
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selected by the Mayor of Auburn.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
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3.5
A. The IMPC will make recommendations for future
Responsibilities, Duties, and Authority
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B.
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C.
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D.
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Meetings
The IMPC shall meet at least bimon'thly and the
Director or a person selected by the Director
shall take minutes of each meeting.
All meetings shall comply with the state of
Washington open meeting law and shall be held
during a time when most convenient fClr the
majority of the members to attend.
Duration of the IMPC
At the end of the Interim Period, 'the IMPC will
cease to exist.
governance of the Museum.
Analyze earned income potential for the Museum.
Make recommendations for long-term staffing
needs for the Museum.
Review programs, projects, and event priorities
as submitted by the Director on behalf of the
SOCIETY for the Museum during InterilTl Period.
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 9
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E.
Priori tize capital proj ects curren'tly planned
by the SOCIETY for the Museum and develop
recommendations for ongoing improveme:nts.
Prioritize all major commitments proposed by
the Director on behalf of the SOCIETY for the
Museum during interim period.
Prioritize all grant requests/proposals during
interim period submitted by the Direc:tor on
behalf of the SOCIETY for the Museum.
The IMPC will develop recommendati4::>ns for a
second interpretative facility possibly to be
located in a neighboring CITY.
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IMPC Report
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F.
At the conclusion of this Agreemen1t period, the
IMPC shall submit to the CITY a writt.en 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.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
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G.
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Article 4. The Director.
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Selection and Reporting structure
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A.
The SOCIETY and CITY will cooperate in hiring a
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full-time professional director for 1:he Museum.
The job description will be mutually agreed upon
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by the CITY and the SOCIETY and will be written
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in accordance with the City of Auburn Personnel
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Department Policies and Procedures.
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i.
The position will be advertised using
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normal City of Auburn Personnel Department
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Procedures. Special placements of advertisements
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in professional or other publications as
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recommended by the SOCIETY or City PE~rsonnel will
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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 Departmemt and will
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only be accepted at the City of Auburn Personnel
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Department.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 11
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iii.
The SOCIETY may inform interested
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candidates about the position but may not accept
applications on behalf of the CITY.
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B.
There will be a Director Selection Committee
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consisting of the SOCIETY President, two persons
designated by the SOCIETY President, two persons
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from the City of Auburn, one represEmtative from
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the City of Auburn Personnel DepartmEmt. One
person from a neighboring municipalit:y may be
substituted for one of the persons from the City
of Auburn if an interlocal agreement between both
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cities is made prior to the hiring process.
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C.
All applications shall be reviewed according to
the City of Auburn Personnel Departmemt standard
criteria. The top candidates, will be
interviewed by the Selection Commi tte!e. The
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Selection Committee shall forward the! names of
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the top 3 candidates to the CITY for final
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selection and approval by the Directc,r of the
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Department of Parks and Recreation an.d the Mayor.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 12
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D.
Prior to hiring, the candidate's references and
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background will be thoroughly examinE~d by the
City of Auburn.
The Director shall report directly to the
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E.
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Coordinator of Cultural Programs for the City of
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Auburn.
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F.
The Director's performance shall be reviewed at
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least quarterly during the Interim PE~riod. The
Coordinator of Cultural Programs shall conduct
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this review in private with the Direc:tor. Prior
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to each review, the Coordinator of Cultural
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Programs shall meet with the SOCIETY President,
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one SOCIETY Board member as selected by the
President, and one member of the IMPC: as selected
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by the CITY for a confidential discussion of the
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Director's performance. Should the Director not
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meet the criteria for a satisfactory evaluation
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the following procedure shall be followed:
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i.
The Director will be notified of area to
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improve and be given specific goals to meet by
the next evaluation period.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 13
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A.
ii. 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, 1:he Director
will be terminated.
G.
The Director shall be hired for the duration of
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B.
this Agreement or shall be terminated in
accordance with Article 4.1 Section F iii and
Article lO.
4.2
Duties, Responsibilities, and Authority of the
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C.
Director
The Director of the Museum will have the
following Authority and perform the following
duties:
Foster a cooperative environment b4atween the
SOCIETY, and IMPC.
Manage the daily operation of the ]'!useum.
Prioritize, schedule and determine scope and
content work assignments for volunteers.
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 14
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Provide leadership for projects, events,
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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 lother CITY
Departments.
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Design and implement school and community
outreach programs.
Recommend to SOCIETY major interprlatative theme
exhibits for Museum.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 15
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N.
Supervise any contractual personnel which may
be hired for Museum by SOCIETY durinq Interim
Period.
O.
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 SOCIE~~Y 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
(Resolution No. 2117)
August 10, 1990
Page 16
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of Museum during those hours Museum is open to
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the public. Operational hours shall be approved
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by the SOCIETY.
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Article 5. Duration of Agreement
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5.1 Agreement shall be effective for a 15 month
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period beginning no earlier than Oct()ber 1, 1990
and concluding no later than April 1~), 1992,
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unless terminated under provisions 01: Article 10.
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Article 6. Finances
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6.1 The Budget for the Interim Period 'will be
mutually agreed upon by the SOCIETY and the CITY.
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i.
SOCIETY budget adjustments shall not
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affect funds allocated by the CITY.
ii. The SOCIETY may review and adjust its
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budget as appropriate during the Inte:rim Period.
iii. The IMPC will review and make
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recommendations if appropriate for all SOCIETY
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adjusted budgets for the operation of the Museum.
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 17
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6.2
Any excess expenditures which effect the
SOCIETY's financial accounts must be approved by
the SOCIETY prior to the release of funds.
The CITY will provide funds as set forth by
Article 2 of this Agreement.
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.
Any funds allocated for capital improvements to
the Museum or related facilities currently in
existence or which may be developed i.n the future
must be held in an interest bearing a.ccount
separate from the SOCIETY's operational account.
All financial records of the SOCIE~rY shall be
subject to examination by the CITY at anytime
upon request during Agreement period.
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 18
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6.7
The CITY will provide ongoing reports regarding
budgeted CITY expenditures for the Museum to the
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IMPC and the SOCIETY.
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6.8
The SOCIETY shall submit two professional
audits by a Certified Public Accountant to the
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City of Auburn. Such audits shall bE~ received by
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the CITY as follows:
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April 15, 1991 for fiscal year 1990
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April 15, 1992 for fiscal year 1991
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Article 7. Indemnification/Hold Harmless
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7.1 The SOCIETY agrees to defend, indemnify and
hold harmless the CITY, its elected and appointed
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officials, employees, and agents from any and all
claims, demands and/or causes of acti.on of any
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kind or character whatsoever arising out of or
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relating to the SOCIETY, its employee:s,
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consul tants, subcontractors, or agent,s for any
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and all claims by any persons for alleged
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personal injury, death, or damage to their
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persons or property to the extent caused by
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negligent acts, errors or omissions of the
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 19
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SOCIETY, its employees, agents, consultants,
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subcontractors, or representatives and arising
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out of its performance of this Agreernent except
where the claim, demand, and/or caUSE~ of action
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arises as a result of the negligent acts, errors,
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or omissions of the CITY, its elected and
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appointed officials, employees, or agents. In
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the event that any suit or claim for damage is
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brought against the CITY, the SOCIETY will defend
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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 i.ts officers,
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agents or employees or any of them, Clr jointly
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against the CITY and the SOCIETY and their
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representative officers, agents, employees, or
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any of them, the SOCIETY agrees to fully satisfy
the same and the SOCIETY shall reimburse the CITY
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for any cost and expense which the CITY has
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incurred as a result of such claim or suit. The
provisions of this section shall survive the
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Museum Services Agreement
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August 10, 1990
Page 20
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expiration or termination of this Agreement as to
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any suit or claim alleged acts, errors or
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omissions occurring during the term of this
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agreement.
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Article 8 Nondiscrimination
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8.1
The SOCIETY may not discriminate regarding any
services or activities to which this Agreement
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may apply directly or indirectly thr()ugh
contractual, hiring, or other arrangE~ments on the
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grounds of race, color, creed, religion, national
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origin, sex, age, or where there is t:he presence
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of any sensory, mental or physical handicap.
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Article 9. Insurance
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9.1 The SOCIETY shall maintain throughout the term
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of this Agreement comprehensive general
liability insurance in the amount t::>f one
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million dollars combined single limits per
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occurrence. The insurance policy =;hall name
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the CITY OF AUBURN as additional insured. The
policy shall require a minimum of 1::hirty (30)
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Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 21
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days prior written notice to the CITY of any
cancellation or expiration of the policy or any
modification of any provisions of the policy.
Article 10.
Termination of Agreement
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10.1
This Agreement may be terminated by either
party upon 60 days written notice to the other
party, and based upon any cause.
Upon receipt of a termination notice under the
above paragraph, the CITY shall immediately cease
any and all support and all other irl-kind
services for the SOCIETY.
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Article 11.
General provisions
This Agreement shall be governed by the laws,
regulations, and ordinances of the CITY of
Auburn, the State of Washington, Kingr County, and
where applicable, Federal laws.
The CITY and the SOCIETY respecti v4aly 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. 2117)
August 10, 1990
Page 22
8
9
10
11
10.2
12
13
15
16
11.1
17
18
19
20
11.2
21
22
23
24
25
26
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
2
this Agreement. Neither the CITY nor SOCIETY
3
shall assign this Agreement without t:he written
4
consent of the other.
5
11. 3
This agreement may be altered, amended, or
appealed only by mutually written approval by the
6
CITY of Auburn and the SOCIETY.
7
8
9
ATTEST:
~/{)~
Robin Wohlhueter, City Clerk
TO FORM:
~
Michael J. Reynolds,
Acting City Attorney
BY:
TITLE:
26 -----------------------------------------
Museum Services Agreement
(Resolution No. 2117)
August 10, 1990
Page 23
CITY OF AUBURN
~~
MAYOR
WHITE RIVER VA]~LEY
HISTORICAL SOCJCETY
~~
AL IN LESLIE
President