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HomeMy WebLinkAboutARCHAEOLOGICAL SOCIETY PALM ST PKG COLLECT - 2001Archaeological Society PaImStPkgCollect 704-06 Agreements/Contracts AGREEMENT IIHS AGREEMENT is made and entered into in the CITY of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hergafter referred to as CITY, and THE SAN LUIS OBISPO COUNTY ARCHAEOLOGICAL SOCIETY (SLOCAS). WITNESSETH: WHEREAS, CITY desires to curate the Palm Street Parking Structure Archaeological Collection in a proper storage environment that provides suitable community access to the collection; and WHEREAS, SLOCAS has as part of its mission to promote conservation of archaeological sites, records and collections; and WHEREAS, SLOCAS is qualified to provide this service upon completion of its Research and Collections Facility, located in Buildings 1522. and 1523 on Camp San Luis Obispo; and WHEREAS, the CITY Council agreed to a prepayment of $21,000 to SLOCAS for the eventual storage of its Pahn Street Parking Structure Archaeological Collection on or before May 30, 2001. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, and shall continue in perpetuity. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, CITY will pay, and SLOCAS shall receive therefore, $400.00/standard archive box (10"x 12" x15" with weight not to exceed 40 lbs per box). CITY further agrees to make a prepayment of $21,000 by May 30, 2001 toward the eventual storage of the full collection. CITY will deed the Palm Street Parking Structure Archaeological Collection to SLOCAS as specified in the attached Deed of Gift (Exhibit A). The collection includes all artifacts and the catalogue (two paper copies on acid free paper and Compact Disc preferably in Microsoft Access). Any available supporting documentation such as field records, photographs, and maps shall be organized and submitted with the artifacts along with two copies of the draft and three copies of the final reports. The collection will be submitted to SLOCAS following their curation C 0 guidelines (Exhibit B). CITY reserves the right to borrow artifacts from the Palm Street Parking Structure Archaeological Collection under the following conditions: a. CITY will submit a written request to borrow specimens for public exhibit and will include: a list or description of the items needed; the purpose and location of the display; the duration of use; and the name of the CITY staff member(s) that will be responsible for the materials. b. Loaned collection materials will be handled, stored, and exhibited in a safe manner and protected from breakage, theft, and other adverse conditions such as excessive heat or moisture, insects, and rodents. C. There will be no charge to CITY for SLOCAS staff time unless the loan request requires an unusual amount of preparation and packaging time, in which case established staff fees will be assessed. d. Copying, packing, shipping, insurance, or other transport costs will be paid by CITY. e. CITY will sign an inventory and agreement form prior to release of the artifacts, and will be responsible for the safe return of all items listed. 3. SLOCAS'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by CITY, SLOCAS agrees to provide, upon completion of their Research and Collections Facility, storage for the Palm Street Parking Structure Archaeological Collection. 4. DISSOLUTION OF SLOCAS. In the event of the dissolution of SLOCAS, in concurrence with CITY, SLOCAS will obtain a curation agreement with another archival facility. Should CITY prefer, CITY will be allowed to regain ownership of the collection and will be responsible for the curation of the collection. 5. FUTURE CURATION NEEDS. It is possible that CITY may have a need for added storage space in the future to house other collections. Terms for additional storage will be determined when the need is known. 6. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the CITY Administrative Officer of the CITY. 7. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 8. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: CITY CITY Clerk CITY of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 SLOCAS San Luis Obispo County Archaeological Society P.O. Box 109 San Luis Obispo, CA 93406 9. AUTHORITY TO EXECUTE AGREEMENT. Both CITY and SLOCAS do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. City Clerk CITY OF SAN LUIS OBISPO, A Municipal Corporation By!� Mayor APPROVED AS TO FORM: For the San Luis Obispo County Archaeological Society City Attorney �( w San Luis Obispo County Archaeological Society P. O. Box 109 San Luis Obispo, CA 93406 Deed of Gift EXHIBIT A gis/ao oe'/ #��Oe t CAC — D v r The Citv of San Luis Obispo irrevocably and unconditionally gives, transfers, and assigns to the San Luis Obispo County Archaeological Society (SLOCAS) by way of gift, all rights, titles, and interests (including all copyright, trademark and related interests), in, to and associated with the objects described as the Palm Street Parking Archaeological Collection. The City of San Luis Obispo affirms that they own said objects and that to the best of their knowledge they have good and complete right, title and interest to deed as a gift. In the event that the San Luis J, Obispo County Archaeological Society is dissolved, SLOCAS will confer with the City and a curation agreement for the collection will be obtained with another archival facility. Should the City of San Luis Obispo prefer, the City will regain ownership of the collection and will be responsible for curation. ATTES . City Clerk APPROVED AS TO FORM: I O47—'CityAttomey Dated 6 Attachments CITY OF SAN LUIS OBISPO, A Municipal Corporation By: Mayor acknowledges receipt of the above Deed of Gift. (Signature of curator) A4 . ATTACHMENT 1 SAN LUIS OBISPO COUNTY ARCHAEOLOGICAL SOCIETY P.O. Box 109 San Luis Obispo, CA 93406 August 6, 2000 San Luis Obispo City Council 990 Palm Street San Luis Obispo, CA 93407 Dear Council Members; On June 20, 2000, I appeared before the City Council and asked council members to grant the San Luis Obispo Archaeological Society (SLOCAS) $21,000. While SLOCAS has obtained a $172,000 TEA grant to upgrade the Society's Learning. Center and Archive Facility located at Camp San Luis on the Cuesta College Campus, we are in dire need of matching funds to complete the construction project. Once complete, the facility will be in compliance with federal regulations and guidelines (36 CFR 79.9) and can be used to house archaeological collections generated from any local projects as well as those projects receiving federal funding. The benefits of maintaining such collections include the loan of artifacts for public displays, and use of materials and documents for teaching and research purposes. Although the society has long provided services at no cost to the community and various government agencies, we must have outside assistance to establish this facility. We now ask that the City consider their need to appropriately house and archive the historic materials excavated from the "Palm Street Parking Structure". While the Society will need to charge a standard fee in the neighborhood of $700 per cubic foot archive box to maintain and curate collections in perpetuity (a fee in keeping with similar facilities), we ask that the city work with us to make this facility a reality. The $21,000 in city funds will be accepted by SLOCAS as partial prepayment for the curation of the Palm Street collection. The size of this particular collection has been anticipated by Dr. Parker to be 100 to 150 boxes and will be assessed at a much lower rate of $400 a box. Please understand, that while the Society has outlined a business plan for successful operation of the Learning Center and Archive Facility, box fees alone will not cover our operating costs. We rely heavily upon and are grateful for the volunteer efforts of our membership. We have provided the City Staff with detailed information concerning standard archiving requirements and procedures, our interim collection guidelines, as well as, comparative fees being charged by facilities throughout the state. A representative of the City Staff visited our facility to evaluate its space, the current setup, and our planned improvement. I ask the City Council to support our efforts to keep local archaeological materials in the area and available to members of the San Luis Obispo community by voting to grant the. Society this prepayment. Thank you, - f1 i O �Zd tBeu,hairman V. Sample of Caration Fees: Facility University of California, Riverside California State University, Bakersfield San Diego Archaeological Center Sonoma State University University of California, Santa Barbara SLOCAS 0 ATTACHMENT 2 Fee per Single Archive Bog $1000.00 $ 800.00 $ 600.00 $ 750.00 $ 700.00 Note: Facilities apply additional charges for collections that do not meet collection preparation guidelines and many levy supplemental fees to maintain fragile of sensitive items, to store oversized objects, or to access collections for NAGPRA compliance. *UCSB does not use a base fee per box, but assesses collections for overall space used and staff time required to process the collection; UCSB also requires submitters to computer encode artifacts per a Catalog Code Guide.