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HomeMy WebLinkAboutRes2019-033 CITY OF SEWARD,ALASKA Sponsored by: Regis RESOLUTION 2019-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE SEWARD COMMUNITY LIBRARY ASSOCIATION (SCLA) TO MANAGE, PRESERVE, RESEARCH, INTERPRET, AND BRING THE COLLECTIONS TO THE PUBLIC UTILIZING A SIGNED MEMORANDUM OF UNDERSTANDING EFFECTIVE APRIL 10,2019 WHEREAS, Resolution 1988-041 transferred the Seward Community Library assets and obligations to the City of Seward, with the Seward Community Library Association (SCLA) acting as an advisory body to the department head and the City of Seward; and WHEREAS, Ordinance 1988-603 established and codified the powers and duties of the City of Seward Library as a department of the City; and WHEREAS, a 1993 Letter of Agreement between the City and SCLA defined the respective contributions of the City and SCLA to the Library regarding used book sales, fund raising, purchasing of furnishings, equipment, library material, book sale revenue, and the SCLA collections; and WHEREAS, SCLA and City Administration worked to create a Memorandum of Understanding (MOU) that states the rights and responsibilities of each entity with regard to the SCLA collections of art, artifacts and archival history of Seward owned by the SCLA and currently housed in the Seward Community Library&Museum; and WHEREAS, Phyllis Shoemaker, SCLA Treasurer, and Casie Warner, SCLA Recorder, signed the MOU on March 15, 2019; and WHEREAS,the MOU will be effective on April 10, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is authorized to enter into a memorandum of understanding with the Seward Community Library Association (SCLA) to manage, preserve, research, interpret and bring the collections to the public. Section 2.The MOU will be effective on April 10, 2019. Section 3.This resolution shall take effect immediately upon adoption. CITY OF SEWARD,ALASKA RESOLUTION 2019-033 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of April,2019. THE CITY OF SEWARD,ALASKA Davi quires, l a or AYES: Towsley, Horn, McClure, Osenga, Seese, Lane, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballo ' MC City Clerk 0.11##### (City Seal�.y OF s , . • = SEAL �, ,, 9,,,,k1 '0.is>.**•"Ye 14:1," ��,;e s.sTF OF�A��PP�7�.•• 37 38 033 Mission Statement of Seward Community Library Association Seward Community Library Association (SCLA) is a non-profit organization that exists to enhance literacy in our community by supporting the Seward Community Library services, programs, and resources, preserving SCLA historical resources, and providing educational opportunities through scholarship and other programs. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEWARD AND SEWARD COMMUNITY LIBRARY ASSOCIATION aka Friends of the Seward Library This cooperative agreement ("Agreement") is made effective as of the 1 st day of March, 2019 ("Effective Date"), between Seward Community Library Association, Inc. (hereafter referred to as "SCLA"), and the City of Seward, Alaska (hereafter referred to as the "City") for the purpose of preserving and protecting the SCLA Collection, as defined below, and providing SCLA with access to the SCLA Collection and the Library Museum facility to carry out SCLA business. RECITALS SCLA owns a collection of art, historic photographs, textile items, archives, artifacts and other historical documents (the "SCLA Collection") that is housed and located in the Seward Community Library Museum facility, ("Library Museum") which includes areas in the Historical Museum ("Museum"), secure storage as well as storage area in the basement, and artwork throughout the Library Museum spaces that SCLA is dedicated to preserving, protecting, and maintaining The City owns, operates and maintains the Library Museum. City and SCLA desire to work cooperatively to assure the continued preservation of the SCLA Collection in the Library Museum for the benefit of the parties and the residents of the City. THEREFORE, the parties agree as follows: 1. SCLA's Responsibilities. SCLA shall: • Maintain ownership of all items in SCLA's Collection, which includes all SCLA Collection items moved from the old library into the Library Museum as of January 2013. All collection items purchased or donated in the future in the name of SCLA shall become the property of SCLA. Page 1 of 7 506773\2\00791042 00793329 All collection items purchased or donated in the future in the name of the City shall become the property of the City. • Follow SCLA's Statement of Purpose for the SCLA Collection, as set forth on Exhibit A attached and incorporated into this Agreement. Provide support for preservation, research, documentation, and interpretation of the SCLA collection. • Provide funds for training and education of SCLA Collection Committee members. • Provide supplies and materials for SCLA business, meetings, and events_ 2. City's Responsibilities. The City shall: • Provide and maintain the Library Museum building to house the SCLA Collection. • Provide the SCLA Collection with building security. • Operate within Seward City Code 2.25,130-135, a copy of which is attached as Exhibit B. • Provide advice for preservation, research, documentation, and interpretation of the SCLA Collection. • Provide insurance for the contents of the SCLA Collection. • Provide funds for training and education of Library Museum staff. • Provide program, meeting, and storage space, with secure storage for the SCLA Collection and access for SCLA to the workroom areas, in the Library Museum at no cost to SCLA. • Provide SCLA's members and volunteers with access to the SCLA Collection and the library and museum facilities, at no charge, for the purpose of conducting SCLA work on collections and/or business during library and museum staff working hours. • SCLA and the City have established reasonable procedures that provide notice to the City of when SCLA's members or volunteers will be working in the Library Museum on SCLA's Collection, and the identity of the individuals who will be working in the Library Museum. SCLA and the City shall cooperate to maximize SCLA's ability to work on SCLA's Page 2 of 7 506773\2\00791042 00793329 Collection and, at the same time, minimize any interference with Library Museum operations or activities. 3. Inventory of SCLA Collection. SCLA is in the process of creating an inventory of SCLA's Collection and identifying SCLA's Collection. SCLA will identify any new items added to the SCLA Collection and provide a new appraisal for insurance purposes if necessary after an inventory is completed 4. Use of Funds. Donations and funds, that are solicited using the distinct name of either SCLA or the City, will be used for the particular purposes of the organization that solicited the donations and funds in its name. 5. Entire Agreement. This Agreement contains all of the terms and conditions of the Agreement between SCLA and the City with regard to the SCLA Collection. This Agreement may only be amended by the written consent of both parties. 6. The SCLA will be provided a seat on the Library I Museum Exhibit Committee. 7_ The City reserves the right to deny storage to any artifact that may be in such a condition that it may negatively impact other artifacts, resources, or consume extraordinary space. The SCLA and the Museum Curator and I or Director will coordinate on the acceptance of new items in the collection. 8. Term of Agreement. This Agreement may remain in full force and effect until (i) SLCA and City mutually terminate this Agreement in writing, or (ii) the SCLA Collection is not housed in the Library Museum and Historical Museum. In the event that any dispute arises concerning this Agreement between SCLA and the City, designated representatives of each party shall meet to confer to reasonably resolve any disputes concerning access or preservation to the SCLA Collection. SEWARD COMMUNITY LIBRARY ASSOCIATION, INC. Phyllis Shoemaker Its: SCLA Treasurer By: - �� J p�- Casie Warner Its: SCAL Recorder Page 3 of 7 506773\2\00791042 00793329 CITY OF SEWARD By- NorvA Its: a� SSE��.�.�'-a _P's,„d ip I !- ,.mow i ' - w S 'Svc OF R, Page 4 of 7 505773\2\00791042 00793329 EXHIBIT A Seward Community Library Association `Collections' (SCL, SCLA, LMC Collections) Statement of Purpose • To preserve in any form the heritage of Seward, Alaska; Seward's Community Library history from pioneer days forward, Alaska history and any item of historical significance. • To maintain, own, use or acquire for display and demonstrative purposes, any objects reflecting the heritage of Seward, Alaska and surrounding areas and any item of historical significance. Collections • The term collections, as used in this document, is understood to mean the retention of/or acquisition of historically significant artifacts, documents, and photographs that contribute to an understanding of past human behavior, customs, activities, episodes, institutions and personalities, as well as the natural world and earth sciences as applied to our area and state. • The item(s) collected must be in reasonable condition so that SCLA can fulfill its goal of preservation with as little alteration to objects as possible. • The objects collected should be well documented, and such documentation must be verifiable, when possible, and include a chronological history of the object, circumstances surrounding the object's discovery and acquisition, the original owner or manufacturer, the object's use, and any other pertinent facts including copyright ownership. • SCLA may collect artifacts that have incomplete documentation as long as they contribute to a clearer understanding of significant elements of our cultural or natural history and as long as it is established that the item was in the collection from gifting or giving to the `Library' which was SCLA until 1988. SCLA will work to gather as much detail as possible about items newly documented that have been within the collections for a long period of time. (ongoing documentation happening) • Objects collected must be useful for display, research or interpretive activities and support the mission of SCLA. SCLA must be in a position to properly care for the acquired object(s). If it is not possible to provide the appropriate care, the object(s) should not be accepted or retained. SCLA will not collect duplicates, unless they serve a useful purpose, or are in significantly better condition than the item currently in the current SCLA's collections. Page 5 of 7 506773\2\00791042 00793329 • The decision whether or not to acquire an object will be made by the SCLA board of directors (BOD) through a Collections Committee. The Collections Committee will bring to the board information regarding acquisition or deaccession of objects from the collection. SCLA may consult the historical society or the museum curator staff, as well. • Collection deaccessioning will be considered periodically as the Collections Committee finds objects that do not support the purpose of the SCLA collections. Objects may be returned to the owners, offered to another institution or destroyed. Permanent withdrawal. APPROVED BY SCLA BOD March 15, 2018 Page 6of7 506773\2\00791042 00793329 EXHIBIT B 2.25.130 Library museum department--Established. There is established the City Library Museum Department. The principal officer shall be the Library Museum Director, who shall fulfill the duties and have the responsibilities as set forth in the employee's job description and who shall be subject to the direction and supervision of the City Manager. (Ord. 603, § 1, 1988; Ord. 96-07; Ord. No. 2010-006, § 1, 10-11-2010) 2.25.135 Library museum department—Powers and duties. The Library Museum Department shall: (1) Assemble, preserve and administer, in organized collections, books and related educational and recreational material in order to promote the communication of ideas and enrich the personal lives of residents of the City of Seward; (2) Collect, preserve and make accessible materials relating to the history of Seward, the Resurrection Bay area and the eastern Kenai Peninsula of the State of Alaska; (3) Organize library and museum related programs for residents of the City of Seward; (4) Consult with the Seward Community Library Association, Inc., a nonprofit Alaska corporation, which may serve in an advisory capacity to the Library Director and the City Council on matters of interest to the community with respect to the operation of the City Library and its programs; (5) Consult with the Resurrection Bay Historical Society, Inc., a nonprofit Alaska corporation, which may serve in an advisory capacity to the Library Museum Director and the City Council on matters of interest to the community with respect to the operation of the City Museum and its programs; (6) Manage, operate and maintain the city's library museum facilities and programs, including materials and collections. (Ord. 603, § 1, 1988; Ord. 96-07; Ord. No. 2010-006, § 2, 10-11-2010) Page 7 of 7 506773\2\00791042 00793329