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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Comm. Baldwin
MEETING DATE: December 22, 2008
OFFICE: County Commissioner
TIME PREFERRED: 11:15 AM
SUBJECT: Consider and discuss the proposed agreement between the Kerr County Historical
Commission and Schreiner University.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Joe Luther, Fred Gamble, Rex Emerson
Comm. Baldwin, Pct. 1
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance
with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information
has been prepared for the Court's formal consideration and action at time of Court Meetings. Your
cooperation will be appreciated and contribute towards your request being addressed at the earliest
opportunity. See Agenda Request Rules Adopted by Commissioners' Court.
Page 1 of 1
Julia Stehling
From: JOSEPH LUTHER [JLUTHER@stx.rr.com]
Sent: Wednesday, November 12, 2008 4:08 PM
To: Bill Williams (Bill Williams); Bruce Oehler (Bruce Oehler); H. A. Buster Baldwin (H.A. Buster Baldwin); 'Jody
Grinstead'; Jonathan Letz (Jonathan Letz); Judge Pat Tinley (Judge Pat Tinley)
Cc: Dell Sheftall; Francelle Collins; Joe Luther; Julia Wendel Stehling (Scott Stehling); Julie Mosty Leonard
Subject: AGREEMENT BETWEEN KERR COUNTY HISTORICAL COMMISSION ANS SCHREINER UNIVERSITY
Judge Tinley and Commissioners,
The KCHC has been working diligently to inventory, stabilize, digitize and protect the archival holdings
of the County Historical Commission. As you may recall, these are scattered around in various
locations within the county; some in private residences and some at the library (carriage house) and
many in the basement of the courthouse. In virtually all cases, these collections are not well-saved
and are in declining condition, Moreover, it is impossible to make these archival materials available to
the general public.
In an effort to resolve this problem, the Historical Commission has been working with the Schreiner
University to establish a collaborative program to access the KCHC collections, to professionally
stabilize and preserve the collections and to make these archival materials available to the public in an
electronic/digital format.
To this end we have reached the point where we are ready to execute an agreement between the Kerr
County Historical Commission and Schreiner University. I am asking you to review this attached
document before we bring it to you for formal action.
Thank you for your kind consideration and continued cooperation.
Sincerely,
Joe
Joseph Luther, Ph.D.
Chairman
Kerr County Historical Commission
830-377-1305
jlutherC~stx.rr,com
http//www_.co kerr. tx. us/historical/
12/3/2008
AGREEMENT FOR LONG TERM LOAN
PURPOSE:
This Agreement establishes procedures for the safeguarding and public access
provided by Schreiner University at its Logan Library for the Kerr County
Historical Commission's archives and artifacts.
BACKGROUND:
Kerr County Historical Commission is charged with the protection and
preservation of Kerr County's historic and prehistoric resources for the use,
education, enjoyment and economic benefit of present and future generations. In
fulfilling this mission, this commission has accumulated oral histories from
notable county citizens, sponsored historical markers and national registry
buildings, and fulfilled projects that promote the county's history. Records of
these projects are stored in various formats including books, paper, photographic,
video and electronic. These historical archives and artifacts are not conveniently
available to the public. Few of these items are digitized and their paper condition
will continue to deteriorate over time from age and environmental conditions.
Schreiner University seeks, beyond its academic mission, to enhance current and
create new partnerships within the Hill Country community. The Texas Hill
Country Special Collection within the Logan Library at Schreiner University
houses a selection of books, photographs, documents, papers and other archival
material about the history of the Texas Hill Country. The Sam Lanham Digital
Library of Texas Hill Country History, a digital repository, allows broader access
of archives and artifacts while protecting the original items. Schreiner University
seeks to attract the attention and support of residents of the Texas Hill Country
who have one-of-a-kind historical items as documented in private or business
records, manuscripts, journals, diaries, letters and photographs among their family
archives. At Schreiner University, these historical archives and artifacts are
safeguarded in an environmentally controlled, secure facility, digitized as time
permits and made available for viewing by the public with controlled access.
Parties
Schreiner University's William M. Logan Library, hereinafter called "the
Library," and the Kerr County Historical Commission (KCHC), hereinafter called
"the Depositor," have agreed upon the following terms and conditions for the
deposit of the KCHC archives and artifacts into the temporary care of the Library.
Library Information:
Schreiner University
William M. Logan Library
2100 Memorial Blvd., Kerrville, TX 78028
Telephone: 830-792-7312
Fax: 830-792-7448
Depositor information:
Kerr County Historical Commission
Kerr County Courthouse, 700 Main Street, Kerrville, TX 78028
Telephone: 830.792.3240 (Joe Luther)
Term
In accordance with the conditions printed below, the term of this agreement will
be the period commencing on December I, 2008 and ending on December I,
2009. This agreement shall automatically renew for subsequent five-year terms
unless, prior to the end of any preceding term, one of the parties serves notice in
writing that it is not to be renewed. This Agreement may be amended during its
term by mutual consent of the two parties involved.
Ownership of Records and Deposit
1. The Library is willing to receive, manage, store and preserve the archives and
artifacts of the Depositor on long term temporary loan.
2. The Depositor retains the ownership, control and copyright of the deposited
archives and artifacts. Future additions by the Depositor are foreseen.
3. The Library reserves the right to return to the Depositor any archives or
artifacts deemed to be of no interestibut does. not have the right to destroy, give ~~~
away or sel e items without written~onsent~f the Depositor ,.,~~cj-C:C-1--~~_
4. The u --~ '* ~' ~ ~~'~~ves-and artifacts may be withdrawn permanently by the Gam `~'~'
Depositor, subject to a six-month notice being given in writing to the Library, and ~~
the Depositor will assume the responsibility for all expenses incurred from the
withdrawal. If the deposited records are permanently withdrawn within one year
of the initial deposit, the Library will include a handling charge of $100 for each
linear foot of records.
5. The deposited archives and artifacts may be withdrawn temporarily by the
Depositor, subject to a two-week notice being given in writing to the Library.
The Library will not be responsible for damages incurred while records are in
Depositor's temporary custody.
6. This agreement may be terminated by the University, provided it gives a
written notice to the Depositor twelve months in advance.
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. The Library retains the right to determine when, if and for how long objects
borrowed will be retained. The Library retains the right to cancel the loan upon
reasonable notice to the Depositor.
Inventory
L It is the responsibility of the Depositor to prepare an inventory or list of the
archives and artifacts, as well as some finding aids, and provide copies in both
paper and electronic form to the Library at the time of the transfer of the KCHC
items and at the beginning of each calendar quarter. Reference codes will be
marked on the items for identification, retrieval and security purpose. To
maintain standards for content and format, all submissions will flow from the
Chairman of the Archives Committee.
2. Permission is granted to the Library to provide access to the finding aids in
print and electronic forms as it sees fit and may include the KCHC collection on
the Web site of the Archives and include references in electronic catalogues. The
name of the Depositor can be publicized.
Care and Preservation
1. The Library will give to the archives and artifacts received from Depositor the
same care as it does comparable property of its own. Precautions will be taken to
protect the archives and artifacts from fire, theft, mishandling, dirt and insects,
and extremes of light, temperature, and humidity while in the Library's custody.
It is understood by the Depositor and the Library that all tangible archives and
artifacts are subject to gradual inherent deterioration for which neither party is
responsible.
2. Evidence of damage at the time of receipt or while in the Library's custody will
be reported immediately to the Depositor. It is understood that the archives and
artifacts, which in the opinion of the Library show evidence of infestation, maybe
fumigated at the discretion of the Library.
3. The Depositor will be requested to provide written authorization for any
alteration, restoration or repair. The Library may examine the archives and
artifacts by all modern scientific methods.
4. The Depositor certifies that the objects lent are in such condition as to
withstand ordinary strains of packing and transportation and handling. A written
report of condition of objects prior to shipment must be sent by the Depositor to
the Library. Otherwise, it will be assumed that objects are received in the same
condition as when leaving the Depositor's possession. Condition of records which
may include photographs will be made at the Library on arrival and departure.
S.Cost of transportation and packing will be borne by the Depositor.
6.The Depositor will assure that said objects are adequately and securely packed
for the type of shipment agreed upon, including any special instructions for
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unpacking and repacking. Objects will be returned packed in the same or similar
materials as received unless otherwise authorized by the Depositor.
Insurance
1. Objects will be insured herein by the Library under its "all risk" wall-to-wall
policy subject to the following standard exclusions: wear and tear, gradual
deterioration, insects, vermin or inherent vice; repairing, restoration or
retouching process; hostile or warlike action, insurrection, rebellion, etc.; nuclear
reaction, nuclear radiation or radioactive contamination. Insurance will be placed
in the amount specified by the Depositor herein which must reflect fair market
value. If the Depositor fails to indicate an amount, the Library, with the implied
concurrence of the Depositor, will set a value only for purposes of insurance for
the period of the loan. Said value is not to be considered an appraisal.
2. If Depositor waives maintaining its own insurance coverage, this waiver shall
constitute the agreement of the Depositor to release and hold harmless the Library
from any liability for damages to or loss of the loan property. This does not
waive the right to recovery under the Library's "all risk" wall-to-wall policy.
3. The amount payable by insurance secured in accordance with this loan
agreement is the sole recovery available to the Depositor from the Library in the
event of loss or damage. Any recovery for depreciation or loss of value shall be
calculated as a percentage of the insured value specified by the Depositor in the
agreement.
Reproduction and Credit
Unless otherwise notified in writing by the Depositor, the Library may
photograph or reproduce the archives and artifacts lent for educational, catalog,
and publicity purposes. It is understood that items on loan may be photographed
by the general public. Unless otherwise instructed in writing, the Library will
give credit to the Depositor as specified on the face of this agreement in any
publications. Whether individual labels are provided for objects on display is at
the discretion of the Library.
Change in Ownership and/or Address
It is the responsibility of the Depositor or its agent to notify the Library promptly
in writing if there is any change in ownership of the archives and artifacts
(whether through inter vivos transfer or death) or if there is a change in the
identity or address of the Depositor. The Library assumes no responsibility to
search for a Depositor (or owner) who cannot be reached at the address of record.
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Return of Loans
1. Archives and artifacts will be returned only to the Depositor of record or to a
location mutually agreed upon in writing by the Library and the Depositor of
record. In case of uncertainty, the Library reserves the right to require a
Depositor/claimant to establish proof satisfactory to the Library.
2. When the loan is returned, the library will send the Depositor a receipt form. If
this form is not signed and returned within thirty days after mailing, the Library
will not be responsible for any damage or loss.
3. If the Library's efforts to return archives and artifacts within a reasonable
period following the termination of the loan are unsuccessful, then the items will
be maintained at the Depositor's risk and expense for a maximum of one year. If
after two years the items have not been claimed, then and in consideration for
maintenance and safeguarding, the Depositor/Owner shall be deemed to have
made an unrestricted gift to the Library.
Applicable Law
This agreement shall be construed in accordance with the law of the State of
Texas.
Each person signing this agreement agrees that he has read and agrees to the
above conditions and certifies that each has full authority to enter into this
agreement.
IN WITNESS WHEREOF Schreiner University and the Kerr County Historical
Commission have signed this Agreement by their duly authorized officers in
Kerrville, Texas.
This agreement is effective the day of
2008.
SCHREINER UNNERSITY KERR COUNTY HISTORICAL COMMISSION
Fred Gamble, VPAA Joseph Luther, PhD, Chairman
Administration & Finance --
Candice Scott, PhD '~ Kerr County Commissioners' Court
Library Director Date:
,.
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