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Home My WebLink About83-0701 Elgin Public Museum &q(D1 1 KoAse.urn AGREEMENT WHEREAS, the City of Elgin, an Illinois Municipal Corporation (hereafter Elgin) currently owns and operates the Elgin Public Museum (here- after Museum) ; and WHEREAS, the Elgin Public Museum Corporation, an Illinois not- for-profit corporation (hereafter EPM) has, as part of its stated purpose, "to administer and operate the Elgin Public Museum and to promote the develop- ment and expansion of the Elgin Public Museum's collection and services"; and WHEREAS, the Museum contains many items and exhibits of historical value (hereafter collection) ; and WHEREAS, Elgin has determined that it is necessary and desirable to contract with EPM for the professional operation of the Museum; and WHEREAS, the parties have agreed upon the terms and conditions whereby EPM will operate and maintain the Museum. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, EPM and Elgin agree that EPM shall manage and operate the Museum pursuant to the following terms and conditions: A) Term - Termination 1) This agreement shall commence on July 1, 1983 and shall expire on June 31, 1988 unless terminated earlier as provided below. 2) This agreement may be terminated by either party on ninety (90) days written notice to the other party. B) General Operations 1) EPM shall be primarily responsible for the operation of the Museum. EPM shall cause the museum to be opened to the general public not less than 520 hr/yr. 2) EPM shall staff the museum with any personnel necessary for EPM's operation as described herein. These persons shall be considered agents or employees of EPiiI and not of Elgin. EPM shall be solely responsible for the acts or omissions of its employees or agents. 3) EPM shall provide for the Museum's secretarial needs, printing and photocopying. 4) EPM shall generally maintain the Museum in a clean and attractive condition including dusting, sweeping, washing walls and windows, etc. • 5) EPM shall maintain and endeavor to improve Museum services, satellite exhibits, and participation in community events. C) Records 1) EPM shall maintain and update Museum records. Such records shall be available to Elgin at all reasonable times and shall include, but are not limited to, the Accession log, inventory, object catalog, condition, treatment, repairs, original data, and all other documentation and files of Museum. 2) EPM shall maintain accurate records detailing all receipts and expenditures of EPM in its operation of the Museum pursuant to this agree- ment. Such records shall include donations and receipts from the Museum gift shop and shall be available to Elgin at all reasonable times. 3) EPM shall annually provide Elgin with a copy of its annual report showing current assets and liabilities. Said report shall be based on accepted accounting procedures. D) Manner of Operation 1) Museum policy shall be the joint responsibility of Elgin and EPM. Upon the execution of this agreement the parties shall jointly prepare a statement of Museum policy detailing type of collection, manner of display and other items and activities of Museum operation. EPM may develop and amend this policy statement, provided, prior to any amendment, EPM shall obtain the written consent of the Parks and Recreation Board. EPM shall maintain and operate the Museum in compliance with the policy statement. 2) EPM shall perform its obligations herein in a professional manner in conformance with its article of incorporation and the most recently published Ethics Statement of the American Association of Museums. E) Donations EPM may solicit donations to be applied toward the operation of the Museum. These funds shall be used to maintain and improve the Museum operation collection. Donations may also be used to maintain and improve the Museum building as EPM shall so desire. EPM shall maintain records showing any donation received, the amount thereof and the use of said dona- tions. F) Collection 1) EPM shall maintain, repair and display the collection as provided herein. Items in the collection shall be maintained in a clean and -2- atractive manner. Proper museum environment shall be maintain (i.e. , relative 1;(7ht;nr ctr _ .."thin the physical limitations of the Museum. 2) EPM shall maintain and repair display cases, open display areas, display tables and panels, and Museum furnishings (i.e. , desks, chairs, etc.) 3) Collection items shall be altered or disposed of by EPM only as provided herein. From time-to-time EPM shall determine which items should be altered or disposed of using common and acceptable Museum industry standards. Prior to any actual alteration or disposal, EPM shall notify the Parks and Recreation Board which shall review EPM's recommendation and shall give EPM either written consent or written objection within 30 days. No item shall be altered or disposed of without the prior written consent of the Parks and Recreation Board as provided above, except for immediate removal or isolation of infested specimens. G) Gift Shop EPM, at its option, may create and operate a gift shop within the Museum. Items sold at said gift shop shall be consistent with the character and decorum of the Museum. Profits from gift shop sales shall be used to support the Museum's operation. H) Elgin to Maintain Building 1) Except as otherwise provided, Elgin shall generally repair and maintain the Museum building including roof and ceiling, walls, stair cases and railings, balcony railing, doors and thresholds, windows, window casing, glass (except for display case glass) locks, interior and exterior painting, tuckpointing, and brick maintenance, eaves, vents, and fire extinguishers. Provided, EPM shall be responsible for display case glass replacement. 2) Elgin shall timely pay the following Museum utility bills: gas, electricity, telephone (local only) , water and sewer. 3) Elgin shall maintain and repair as necessary the Museum alarm system so that it is in good working order. 4) Elgin shall maintain the Museum grounds so they are in a clean, safe, and atractive condition. 5) Elgin shall provide regular garbage removal from the Museum. 6) Elgin shall maintain and repair as necessa7 sewer, heating and electrical systems of the Museum so they are in good working order. -3- 7) EPM shall promptly notify Elgin of any necessary repairs as they become known to EPM. 8) Elgin shall make all necessary capital improvements when necessary or desirable and adequate funds are available. I) Insurance 1) Prior to commencing operations under the terms of the agree- ment, EPM shall deliver to Elgin certificates of insurance evidencing that EPM is insured for the following items and naming Elgin as co-insured. A) Worker's compensation covering all persons employed by EPM pursuant to this agreement. B) General liability for injuries to persons and property due to the negligent acts or omissions of EPM, his employees or agents with limits of 500,000 for bodily injury and property damage, each occurrence. 2) EPM shall be responsible for securing insurance covering any personal property of EPM at the Museum. 3) Elgin shall be responsible for insuring items contained in the collection. J) Payment Elgin shall pay to EPM according to the schedule below. Pay- ments shall be made quarterly on or before July 2, October 2, January 2 and April 2 of each year of this agreement. PAYMENT SCHEDULE July 1, 1983 - June 30, 1984 $9,000.00 July 1, 1984 - June 30, 1985 $7,500.00 July 1, 1985 - June 30, 1986 $6,000.00 July 1, 1986 - June 30, 1987 $3,000.00 July 1, 1987 - June 30, 1988 $1,500.00 K) Miscellaneous 1) Elgin shall assist EPM in the preparation of documents and forms which allow EPM to receive available funds from granting awarding agencies, governmental units and organizations. 2) EPM shall not sell, assign, or delegate any obligation required to be performed by it under this agreement without the prior written. approval of Elgin. Any such attempted action without Elgin's prior written approval shall be void and of no effect. -4- 3) All notices required by the agreement shall be served upon the respective parties as follows: To: City of Elgin c/o James Bolerjack 150 Dexter Court Elgin, IL 60120 To: Elgin Public Museum, Inc. 225 Grand Boulevard Elgin, IL 60120 4) This agreement is to be governed by the laws of the State of Illinois. Any term or provision of this agreement which is prohibited or unenforceable in Illinois shall be prohibited or unenforceable only to the extent of such prohibition or unenforceability without invalidating the remaining terms or provisions hereof. 5) EPM shall not directly or indirectly create, incur, or suffer to exist, any mortgage, security interest, pledge, charge, lien, encumbrance or claim on, or with respect to, Museum property without the prior written consent of Elgin. 6) The captions and headings of the various articles, sections or paragraphs of this Agreement are for convenience only, and are not to be construed as confining or limiting in any way the scope or intent of the pro- visions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. 7) No amendment to this agreement shall be valid or enforce- able unless the same is in writing and signed by the parties hereto. This agreement represents the entire agreement between the parties hereto and there are no other representations or agreements between the parties with respect to the subject matter hereof that are not expressed herein. IN WITNESS WHEREOF, the parties have signed this contract by their duly authorized officers, on the date below indicated, this contract to be in full force and effect from that date. ELGIN PUBLIC MUSEUM, INC. CITY F ELGIN "est Q J� �' Attest � -5- • • July 15 , 1988 MEMORANDUM TO: Mayor and Members of City Council FROM: Jim Cook, City Manager SUBJECT: Elgin Public Museum, Incorporated Operational Agreement PURPOSE: The Elgin Public Museum, Incorporated (EPM, Inc. ) requests City Council approval of a revised five year management/operation agreement for the Elgin Public Museum. BACKGROUND: The Elgin Public Museum, Incorporated has been managing and operating the Elgin Public Museum since July 1 , 1983 under an Agreement with the City of Elgin. Under the management of the EPM, Inc. the Museum has experienced an unprecedented growth in services and credibility in Elgin and the surrounding area as a valued cultural, educational, and recreational resource and has contributed substantially to the family usage of Lords Park. The EPM, Inc. has promoted the collection and financial growth of the institution and has established the Museum as a respected member of the local , regional , state-wide , and national museum communities . (Through the co-operative efforts of the Elgin Public Museum and Convention/Visitors Bureau , the 1990 Illinois Museum Conference has been awarded to Elgin) . The Elgin Public Museum, Incorporated' s participation in city-wide community events (Winter Carnival, Fourth of July Celebration, Youth Fest and Home For the Holidays) demonstrates the organization' s ability, willingness , and desire to co-operate with the City and other community organizations in enhancing the quality of life experienced by Elgin residents . (Revision and a copy of the agreement is attached) FINANCIAL IMPACT: Specific annual financial impact would be determined by proposed revision to the City Council at the Museum' s annual budget hearing. The proposed revision to the agreement indicates a minimum annual allocation of $35 ,000 . This figure is consistent with the Council funding awards of the past two years (1987, & 1988) . However, Council may not want to commit to a minimum funding figure for five years. RECOMMENDATION: It is recommended that the City Council consider the recommendation of the Elgin Public Museum, Incorporated of a five year management/operation agreement for the Elgin Public Museum. Gr21 l .- J mes J. o• , City Manager �/ • a August 9, 1988 TO: Mayor and Members of the City Council • FROM: Elgin Public Museum Incorporated SUBJECT: Elgin Public Museum Operational Contract PURPOSE: The Elgin Public Museum Incorporated (EPM INC) requests City Council approval of a five year management/operation contract of the Elgin Public Museum with the following changes to the original Agreement (dated July 1, 1983) . • 1 ) Preamble - line 8: DELETE : "history. " ADD: "natural history. " 2) Section A - sub-section 1 ) DELETE: "July 1, 1983 and shall expire on June 31, 1988. " ADD: July 1, 1988 and shall expire on December 31, 1993. 3) Section A - ADD: NEW sub-section 2) This Agreement shall be eligible for review, renegotiation, and renewal every five years. If neither party desires renegotaition at the end of a contract period, the Agreement shall automatically be extended for a five year period. • • 4) Section A - RENAME sub-section 2) to be sub-section 3) . 5) Section J DELETE: "Payment Schedule" ADD: The City of Elgin shall pay the EPM not less than $35,000. 400 general operational support per year. Every year the EPM Inc. Board of Directors shall prepare and present an operational budget reguest to the Elgin City Council. • • AGREEMENT WHEREAS, the City of Elgin, an Illinois Municipal Corporation . (hereafter Elgin) currently Dana and operates the Elgin Public Mueum (here- after Museum); and WHEREAS, the Elgin Public Museum Corporation, an Illinois not- • for-profit corporation (hereafter EPM) has, as part of its stated purpose, "to administer and operate the Elgin Public M.cseun and to promote the develop- ment and expansion of the Elgin Public Museum's collection and services"; and WHEREAS, the Museum contains many items and exhibits of historiee1 / • value (hereafter collection); and WHEREAS, Elgin has determined that it is necessary and desirable to contract with EPM for the professional operation of the Museum; and WHEREAS, the parties have agreed upon the terms and conditions whereby EPM will operate and maintain the Museum. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, EPM and Elgin agree that EPM shall manage and operate the Museum pursuant to the following terms and conditions: • A) Term - Termination 1) This agreement shall commence on July 1, 1983 and shall \\ expire on June 31, 1988 unless terminated earlier as provided below. 2) This agreement may be terminated by either party on ninety (90) days written notice to the other party. B) General Operations 1) EPM shall be primarily responsible for the operation of the Museum. EPM shall cause the museum to be opened to the general public not less than 520 hr/yr. 2) EPM shall staff the museum with any personnel necessary for EPM's operation as described, herein. These persons shall be considered agents or employees of EPM and not of Elgin. EPM shall be solely responsible for the acts or omissions of its employees or agents. 3) ER4 shall provide for the Museum's secretarial needs, printing and photocopying. 4) EPM shall generally maintain the Museum in a clean and attractive condition including dusting, sweeping, washing walls and windows, • etc. • S) EPM shall maintain and endeavor to.improve MUseun services, satellite exhibits, and participation in community events. C) Records 1) ERM shall maintain and update Museum records. Such records shall be available to Elgin at all reasonable times and shall include, but are not limited to, the Accession log, inventory, object catalog, condition, • tfeatinent, repairs, original data, and all other documentation and files of Museum. 2) EPM shall maintain accurate records detailing all receipts . and expenditures of EPM in its operation of the Museum pursuant to this agree- ment. Such records shall include donations and receipts from the Museum gift shop and shall be available to Elgin at all reasonable times. 3) EPM shall annually provide Elgin with a copy of its annual report showing current assets and liabilities. Said report shall be based on accepted accounting procedures. D) Manner of Operation' 1) Museum policy shall be the joint responsibility of Elgin • and ESA. Upon the execution of this agreement the parties shall .jointly prepare a statement of Museum policy detailing type of collection, manner of display and other items and activities of Museum operation. EPM may develop and amend this policy statement, provided, prior to any amendment, EPM shall obtain the written consent of the Parks and Recreation Board. ER,' • shall maintain and operate the Museum in compliance with the policy statement. • 2) EPM shall perform its obligations herein in a professional, manner in conformance with its article of incorporation and the most recently published Ethics Statement of the American Association of Museums. E) Donations EPM may solicit donations to be applied toward the operation of the Museum. These funds shall be used to maintain and improve the Museum operation collection. Donations may also be used to maintain and improve the Museum building as EPM shall so desire. EPM shall maintain records showing any donation received, the amount thereof and the use of said dona- tions. F) Collection 11 Fpm eh01 mainrnin. repair and display the collection as provided herein. Items in the collection shall be maintained in a clean and -2- . • . ri atractive manner. Proper museum environment shall •be maintainl(i.e., relative humidity, lighting, etc.) within the physical limitations of the ileum r rae'l' 2) EPM shall maintain and repair display cases, open display areas, display tables and panels, and Museum furnishings (i.e., desks, chairs, etc.) 3) Collection items shall be altered or•disposed of by EPM only as provided herein. From time-to-time EPM shall determine which items should be altered or disposed of using common and acceptable Museum industry • • standards. Prior to any actual alteration or disposal, EPM shall notify the Parks and Recreation Board which shall review EPM's recommendation and shall give EPM either written consent or written objection within 30 days. No item shall be altered or disposed of without the prior written consent of the Parks and Recreation Board as provided above, except for immediate removal or isolation of infested specimens. • G) Gift Shop EPM, at its option, may create and operate a gift shop within the Museum. Items sold at said gift shop shall be consistent with the character and • decorum of the Museum. Profits from gift shop sales shall be used to support the NAiseum's operation. II) Elgin to Maintain Building 1) Except as otherwise provided, Elgin shall generally repair and maintain the Museum building including roof and ceiling, walls, stair • cases and railings, balcony railing, doors and thresholds, windows, window casing, glass (except for display case glass).locks, interior and exterior painting, tuckpointing, and brick maintenance, eaves, vents, and fire extinguishers. Provided, EPM shall be responsible for display case glass replacement. • 2) Elgin shall timely pay the following Museum utility bills: gas, electricity, telephone•(local only), water and sewer. 3) Elgin shall maintain and repair as necessary the Museum alarm system so that it is in good working order. 4) Elgin shall maintain the Museum grounds so they are in a clean, safe, and atractive condition. 5) Elgin shall provide regular garbage removal from the Museum. • 61 F1n" che11 w.v4..+e4— --j -7..4- -. ....-essary the plumbing sewer, heating and electrical systems of the Museum so they are in good working order. -3- . • . 7) EPM shall promptly notify Elgin of any necessary repairs as they become known to EPM. 8) Elgin shall make all necessary capital improvements when necessary or desirable and adequate funds are available., • I) Insurance ✓ 1) Prior to commencing operations under the terms of the agree- ment, EPM shall deliver to Elgin certificates of insurance evidencing that EPM is insured for the following items and naming Elgin as co-insured. A) Worker's compensation covering all persons employed by EPM pursuant to this agreement. B) General liability for injuries to persons and property due to the negligent acts or omissions of EPM, his employees or agents L with limits of 500,000 for bodily injury and property damage, each occurrence. 2) EPM shall be responsible for securing insurance covering any personal property of EPM at the Mueum. 3) Elgin shall be responsible for insuring items contained in the collection. 7— J) Payment • Elgin shall pay to EPM according to the schedule below. Pay- ments shall be made quarterly on or before July 2, October 2, January 2 and April 2 of each year of this agreement. PAYMENT SCHEDULE July 1, 1083 - June 30, 1984 S' 000.' July 1, 1984\June30, 1985 $7, 4..00 July 1, 1985 - June3e 0-986 $6,'00 00 July 1, 1986 - June 30, 198j $ ,000.'' July 1, 1987 - June 30, 1988 . •1,500.00 K) Miscellaneous 1) Elgin shall assist EPM in the preparation of documents and forms which allow EPM to receive available funds from granting awarding agencies, governmental units and organizations. • 2) EPM shall not sell, assign, or delegate any obligation required to be performed by it under this agreement without the prior written approval of Elgin. Any such attempted action without Elgin's prior written approval shall be void and of no effect. -4- t • 3) All notices required by the agreement shall be served upon the respective parties as follows: To: City of Elgin c/o James Bolerjack 150 Dexter Court • Elgin, IL 60120 To: Elgin Public Museum, Inc. 22S Grand Boulevard Elgin, IL 60120 4) This agreement is to be governed by the laws of the State of Illinois. Any term or provision of this agreement which is prohibited or unenforceable in Illinois shall be prohibited or unenforceable only to the extent of such prohibition or unenforceability without invalidating the remaining terms or provisions hereof. 5) EPM shall not directly or indirectly create, incur, or suffer to exist, any mortgage, security interest, pledge, charge, lien, encumbrance or claim on, or with respect to, Museum property without the • prior written consent of Elgin. 6) The captions and headings of the various articles, sections or paragraphs of this Agreement are for convenience only, and are notto be construed as confining or limiting in any way the scope or intent of the pro- visions hereof. Whenever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. 7) No amendment to this agreement shall be valid or enforce'- able unless the same is in writing and signed by the parties hereto. This agreement represents the entire agreement between the parties hereto and there are no other representations or agreements between the parties with respect to the subject matter hereof that are not expressed herein. IN WITNESS WHEREOF, the parties have signed this contract by their duly authorized officers, on the date below indicated, this contract to be • in full force and effect from that date. ELGIN PUBLIC MUSEUM, INC. CITY F ELGIN BY )71. 9z- A. �'c.�-�'P By tht oL -41,A crstw,...yyLA-cts_ • Attest Attest -5- Elgin Public Museum in Lords Park 225 Grand Blvd. • Elgin, IL 60120 • (312) 741-6655 July 10, 1988 James Cook City Manager City of Elgin 150 Dexter Court Elgin, Il 60120 Dear Mr. Cook, The Board of Directors of the Elgin Public Museum Incorporated has directed me to request that the Elgin Public Museum Incorporated/City of Elgin contractual agreement for the management and operation of the Elgin Public Museum be extended for another five years and that said agreement shall be renewable evey five years hereafter. Thank you for your assistance with this matter. Sincerely Nancy J. Epping Executive Director cc: Ross Ricks Rita McClintock