ORDER NO. 31176
KERB COUNTY HISTORICAL COMMISSION AGREEMENT WITH SCHREINER
UNIVERSITY
Came to be heard this the 26th day of January, 2009, with a motion made by
Commissioner Baldwin, seconded by Commissioner Williams, the Court unanimously
approved by a vote of 4-0-0 to:
Approve the Agreement between the Kerr County Historical Commission and Schreiner
University, with the change to the title of the Agreement, and authorize the County Judge
to sign same.
~.a ~
31 l~ ~
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: Joseph Luther OFFICE: Kerr County Historical
Commission
MEETING DATE: January 26, 2009 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on proposed agreement
between the Kerr County Historical Commission and Schreiner University.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Joseph Luther
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 S, 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.
AGREEMENT FOR LONG TERM LOAN OF
HISTORICAL COMMISSION'S ARCHIVES AND ARTIFACTS
SCHREINER UNIVERSITY
KERR COUNTY" HISTORICAL COMMISSION
PURPOSE:
This Agreement establishes procedures for the safeguarding and public access provided by
Schreiner University 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 rresent and fi7t11rP generations In fulfilling ±his. missio^, this ccmrnissicr. leas
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 ~vho 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 (hereinafter called "the University") and the Kerr County Historical
Commission (hereinafter called '`the Depositor") have agreed upon the following terms and
conditions for the deposit of the Depositor's archives and artifacts into the temporary care of the
University.
University information:
Schreiner University
William M. Logan Library
2100 Memorial Blvd., Kerrville, TX 78028
Telephone: 830-792-7312
Fax: 830-792-7'148
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 January 1, 2009 and ending on January 1, 2010. This agreement shall
automatically renew for subsequent five-year terms unless, at least 60 days 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 written consent of the two parties
involved.
Ownership of Records and Deposit
I . he University shall accept, 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 University reserves the right to return to the Depositor any archives or artifacts deemed to
be of no interest, but does not have the right to destroy, give away or sell any of the items
without written consent of the Depositor. Such consent by the Depositor shall be governed by
any applicable law regarding requirements for retention of public records.
4. This agreement may be terminated by either party, provided that the terminating party gives
written notice to the other at least six months in advance of such termination. Each party shall be
responsible for its own costs, except that if the deposited records are permanently withdrawn by
Depositor within one year of the initial deposit, the Depositor agrees to pay Library a handling
charge of $100 for each linear foot of records withdrawn.
5. A small portion of the deposited archives and artifacts may be withdrawn temporarily by the
Depositor, subject to a two-week notice being given in writing to the University. Temporary
withdrawals will be for six months or less. The University will not be responsible for damages
incurred while records are in Depositor's temporary custody.
6. The University retains the right to determine when, if and for how long objects borrowed will
be retained. The University retains the right to cancel the loan upon reasonable notice to the
Depositor.
Inventory
1. 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 University at the time of the transfer of the Depositor's items and at the beginning of each
calendar quarter. Reference codes will be marked on the items for identification, retrieval and
security purposes. The Depositor will provide archival housing for all items transferred to the
University's care. To maintain standards for content and format, all submissions will be
coordinated with the University prior to delivery.
2. Permission is granted to the University to provide public access to the finding aids in print
and electronic forms as it sees fit and may include the Depositor's collection on the Web site of
2
the Archives and include references in electronic catalogues. The name of the Depositor can be
publicized.
Care and Preservation
1. The University shall provide public access to the items deposited by Depositor, at such times
and under such conditions as it deems appropriate. Such access shall not be unreasonably denied
to any representative of Depositor, or a member of the public.
2. The University 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 University's custody. It is understood by the Depositor and the University
that all tangible archives and artifacts are subject to gradual inherent deterioration for which
neither party is responsible.
3. Evidence of damage at the time of receipt or while in the University's custody will be reported
immediately to the Depositor. It is understood that the archives and artifacts, which in the
opinion of the University show evidence of insect or rodent infestation, may be fumigated upon
agreement between Depositor and University, with Depositor bearing the costs of the same.
Depositor shall not unreasonably withhold its agreement for such fumigation, if, in the
University's opinion, such is necessary.
4. The Depositor will be requested to provide written authorization for any alteration, restoration
or repair. The University may examine the archives and artifacts by all modern scientific
methods.
5. The Depositor certifies that the objects lent are in such condition as to withstand ordinary
strains of packing, transportation and handling. A written report of the condition of objects prior
to shipment must be sent by the Depositor to the University. Otherwise, it will be assumed that
objects are received in the same condition as when leaving the Depositor's possession. Condition
of artifacts and archives which may include photographs will be noted at the University on
arrival and departure.
6. Cost of transportation and packing will be borne by the Depositor.
7. The Depositor will assure that said objects are adequately and securely packed for the type of
shipment agreed upon, including any special instructions for 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 University 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, nuclear reaction, nuclear radiation or radioactive contamination.
Unscheduled items covered by the University's wall-to-wall policy will be valued at $500 per
document / 52,000 per collection and fall tinder a deductible clause of $10,000. Specific items
may either by insured by Depositor at its own expense, or may be scheduled with the
Universitv's policy at the Depositor's expense. The Depositor shall provide the University with
documentation reflecting details of any insurance held by Depositor on any item deposited with
the University.
3
2. If Depositor waives maintaining its own insurance coverage, this waiver shall constitute the
agreement of the Depositor to release and hold harmless the University from any liability for
damages to or loss of the loan property. This does not waive the right to recovery under the
University'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 University 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 University may, at its own expense,
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 University 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 University. Upon termination of this Agreement, all
copies and/or reproductions made pursuant to this Agreement shall become the property of the
Unix°ersity. The Depositor, at its own expense, may make its own copies of such copies and
reproductions.
Change in Ownership and/or Address
It is the responsibility of the Depositor or its agent to notify the University 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
University assumes no responsibility to search for a Depositor (or owner) that cannot be reached
at the address of record.
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 University and the Depositor of record. In case of
uncertainty, the University reserves the right to require aDepositor/claimant to establish proof
satisfactory to the University.
2. When the loan is returned, the University will send the Depositor a receipt form. If this form
is not signed and returned within thirty days after mailing, the University will not be responsible
for any damage or loss.
3. If the University'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 University.
Applicable Law
This agreement shall be construed in accordance with the law of the State of Texas.
4
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 the University and the Depositor have signed this Agreement by their duly
authorized officers in Kerrville, Texas.
This agreement is effective the ~__ day of ~tiyn~'t,Y , 2009.
SCHREINER VERSITY KERB COUNTY HISTORICAL COMMISSION
Fred Gamble, VPAA, h uther, PhD, Chairman
Administration & Finance
Candice Scott, PhD, ~m- err ounty Judge,
Library Director Kerr County Commissioners' Court