Loading...
CC Resolution 7987RESOLUTION 7957 BEING A RESOLUTION APPROVING REVISIONS TO THE HISTORICAL MUSEUM POLICY AND OPERATING AGREEMENT WITH THE CAMPBELL HISTORICAL MUSEUM ASSOCIATION. RESOLVED by the City Council of the City of Campbell, California that the following Museum Policy and Operating Agreement which have been approved by the Campbell Historical Museum Association and City Attorney, and this day presented to this City Council, be, and are hereby approved. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Campbell this seventh day of August, 1990, by the following vote: AYES: Watson, Conant, Burr, Ashworth NOES: None ABSENT: xotowski APPROVED: ''1!~/ICc~Y''~. Mayor ATTEST: CITY OF CAMPBELL CAMPBELL HISTORICAL MUSEUM STATEMENT OF PURPOSE AND MUSEUM POLICY Effective 7 Aug 1990 and superceding policy statement of January 1984 I. Statement of Purpose The CAMPBELL HISTORICAL MUSEUM is owned and operated by the City of Campbell as a public trust institution, having as its purpose the collection, preservation, documentation, protection, exhibition and interpretation of objects and artifacts of cultural and historic value or significance relative to Campbell and its sphere of influence. II. Collection Policy The history of the Campbell area, with regard for its changing historic sphere of influence in the Santa Clara Valley and elsewhere, is the major emphasis of the Museum's collections. These collections consist of artifactual and archival objects and materials primarily related to the period of early local pioneer settlement, c1840 to the present, but are not to exclude Native American artifacts both historic and prehistoric, of LOCAL origin, which may be deemed significant for research or exhibit purposes. A. Factors in Gift and Loan Acceptance Consistent with this collection policy, as well as with Museum objectives, the following are criteria for selection of new acquisitions: 1. The object must be relevant to established policy as regards geographic location, time period and subject matter. 2. The object must be able to be properly stored, preserved and exhibited by the Museum. 3. The object must not duplicate existing collection objects, except where such duplication is required by the Museum. 4. The object must not endanger the health, safety or welfare of the general public, Museum staff or other objects in the collections. 5. The object must be complete to the extend that it can be meaningfully interpreted, identified and/or exhibited. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 1 B. Acquisitions (Gifts) 1. All donations are made without conditions attached, and are understood to be the property of the City of Campbell Historical Museum. 2. The Museum exhibits, stares, interprets or otherwise disposes of donated objects, including de-accession where deemed necessary, at its own discretion and in accordance with Museum policy. 3. The donor accepts responsibility for appraisal or valuation of the object for tax or Museum insurance purposes. No member of the Museum Association and/or Association Board, nor the Historical Resources Supervisor/Museum Director, nor any person or employee holding a post of trust or honor in the Campbell Historical Museum, may give an evaluation or appraisal of an object to a donor or prospective donor, nor may the Museum nor any of the above-named persons pay for such an evaluation for any purpose. 4. All donations shall be processed in accordance with established methods of Museum registration. C. Acquisitions (Purchases) 1. Objects to be considered for purchase must be demonstrated to fill a need for completion of a particular collection area which cannot otherwise be filled through loan or gift. 2. All objects considered for purchase must be approved by the Historical Resources Supervisor/Museum Director whose responsibility it will be to determine the authenticity, rarity, importance, value and clear title of ownership of the object under consideration. 3. Objects unfamiliar to the expertise of the Museum Director will be subject to review by recognized authorities, whose opinions will then form the basis for the decision whether or not to submit the object to the Museum Association Board for review. 4. The Museum Association Board of Directors will review the material submitted, and the reasons for recommendation, and will then decide whether the object in question should be a) recommended to the City for purchase b) recommended to the Board for purchase c) not recommended for purchase 5. Should an object be purchased, it will be subject to all conditions of donation, listed i section B, items 1-4. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 2 D. Loans 1. INCOMING LOANS may be accepted from individuals, institutions, and corporations for specified purposes and periods of time, relevant to changing or temporary exhibition, research, duplication of archival material or other objectives of the Museum, at the discretion of the Historical Resources Supervisor/Museum Director. In addition: a) The Museum agrees to treat the object(s) lent to the Museum as if they were the property of the Museum, exercising the same care and safekeeping given to its own collections. b) All objects accepted for loan must meet Museum criteria for gift and loan acceptance and collections policy, and, where insured by the Museum, must be appraised or otherwise valuated by the lender. c) Specific conditions governing outgoing loans are outlined on the appropriate form and acknowledged by lender's signature. 2. OUTGOING LOANS must be authorized by the Historical Resources Super- visor/Museum Director, after written request by the borrowing institut- ion. Loans will be made for special purposes, primarily exhibition or approved duplication or restoration of artifactual or archival material, and for specified periods of time. In addition: a) The borrower is responsible for all care, transportation and safekeeping f the object being loaned, including demonstration of proof of insurance, facility security and other protective devices. b) Objects loaned will not be repaired, altered, restored, cleaned or photographed without express written permission of the Museum. c) Specific conditions governing outgoing loans are outlined on the appropriate farm and acknowledged by borrower's signature. E. De-Accession or Disposal 1. Because the action of deaccessioning is usually irrevocable, all dispositions must be made upon the recommendation of the Historical Resources Supervisor/Museum Director and in conjunction with review by the Museum Association Board, using one or more of the following criteria in the decision-making process: a) The object does not meet collection policy guidelines in relationship to subject, time period or geographic location. b) The object is an unnecessary duplicate of other collection objects. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 3 c) The object is hazardous to the safety or welfare of persons or objects in the Museum. d) The object cannot be adequately or properly stored, preserved or restored without considerable expense to the Museum e) The object is more appropriate to the collections of another Museum. f) The object is limited in educational value. g) The object is beyond repair, or is fragmented in such a way as be meaningless in terms of its potential for interpretation. 2. Every effort will be made to contact donors of objects to be deaccessioned for right of first refusal. 3. Where appropriate, objects may be removed from the collection and deaccessioned by transfer to another museum or appropriate non-profit educational institution through sale or trade, or destroyed if beyond repair. F. Responsibility for Collections 1. Conservation/Preservation The Museum shall use all appropriate measures possible to preserve and conserve its artifacts and archival materials in accordance with accepted Museum standards and guidelines. 2. Protection/Security The Museum shall maintain an intrusion/fire alarm system, and practice other aspects of preventive maintenance and security procedures deemed necessary to adequately protect and secure the collections. G. Photography and Reproduction For the purposes of Museum Policy, the word "photography" shall apply to any reproduction media utilizing film, including, but not limited to, black-and- white and/or colore photography, slide transparencies, motion picture film and video. In addition, the word "collection" encompasses not only objects and artifacts within the museum's collections, but the interiors of the historical structures housing the Museum and its collections: the Ainsley House and the Campbell Museum/Carriage House. 1. Photographers wishing to take photographs of objects in the collections strictly for their own use, or for any other non-commercial purpose, are requested to certify to this fact on a PHOTOGRAPHIC PERMISSION FORM available in the Museum office. An authorized member of the Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 4 Museum staff must approve this form before any photographs may be taken. 2. Photographs taken for any commercial reproduction, such as publication in books, magazines, or in separate print form must have the approval of the Historical Resources Supervisor/Museum Director. The photographer or publisher must explain fully the intended use and certify on the permission form that said photographs are solely for the use intended and that no secondary utilization in any other form, or by any other publisher is intended. The only exception to this regulation is photography by local newspapers, or magazines, for strict publicity purposes. 3. Permission for commercial publication requires the following conformance to established Museum policy: a. Full credit must be given to the collection of the Campbell Historical Museum, with proper designation of artifact. b. If the reproduction is to be used in advertising, approval must be obtained from the Historical Resources Supervisor/Museum Director stating the manner in which the reproduction will be used, as well as copy which will accompany it. c. The Museum reserves the right to determine the limitations of distance, brilliance and duration of lighting for photography of collection objects, due to the injurious effect which light and heat have upon such surfaces. 4. Under no circumstances will the Campbell historical museum give photographic permission to distributors of photographs who do not publish themselves, but sell black-and-white or color photographs or videos of museum subjects to publishers. The museum reserves the right to deal directly with any publisher and does not delegate reproduction permission or any of the controls which it exercises over the proper reproduction of its works of art, artifacts and scientific or historical objects. H. Status of Archival Materials The archives are maintained strictly for the purpose of preserving the history of the City of Campbell, and are not maintained to house any handwriting, typewriting, printing, photostating, photographing, letters, words, pictures, sounds, symbols, papers, maps, magnetic or paper tapes, photographic films or prints, magnetic or punched cards, discs, drums, or other documents or any other means of recording any form of communications, which contains information relating to the conduct of the public's business by the City. Consequently, the archival materials are not construed to be public records, and may not be released or duplicated, except in accordance with this policy. Campbell Historical Huseum, STATEMENT OF PURPOSE/POLICY Page 5 III. Exhibition Interpretation and Access Protection or conservation of an object must take precedence over aesthetic advantage in display, or accessibility of an object for research or other educational use. Access to collections and records by researchers may be obtained with permission of the Historical Resources Supervisor/Museum Director. Justification must be provided by the researcher for access beyond what is provided by exhibits, and the following regulations must be observed: 1. All research or examination of objects must be done on Museum premises, and under the supervision of the Historical Resources Supervisor/Museum Director, or an authorized agent appointed by him/her. 2. Requests for research are by appointment only, and appointments can only be made during normal Museum administrative operating hours. 3. Researchers will be directed first to Collection records, which may yield needed information without access to objects. Museum collections are housed in a secured area, available only to authorized Museum staff. 4. Museum handling instructions must followed to assure safety of objects. Researchers are required to sign a statement of responsibility for damage to objects. 5. Charges may be levied for photography of objects; reproduction of documents or photographs; opening of exhibit cases and excessive use of staff time, which must be paid in advance. IV. Facility Use The Museum Facility is comprised of STRUCTURES (the Ainsley House and the Campbell Museum/Carriage House) and GROUNDS surrounding these structures (see Exhibit A, attached hereto). Since the historic structures are considered collection objects, their use, preservation and conservation must be consistent with policies generated for other objects in the Museum's collections. A. Facilities 1. Ainsley House The Ainsley House is a designated Historic Landmark under the historic preservation ordinance of the City of Campbell, housing the collections, offices and programs of the Historical Resources Division of the City of Campbell, including the Campbell Museum. Constructed in 1925=26 in an English Cottage style period revival, the 5,000 square foot building includes an attic, basement, porte-cochere and detached Carriage House. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 6 2. Campbell Museum/Carriage House The detached 2,000 square foot Carriage House houses the collections and gallery exhibits of the Campbell Historical Museum. 3. Grounds An open, park-like setting surrounds the Ainsley House and Campbell Museum/Carriage House, comprising 39,000 square feet of space adjacent to the City of Campbell Civic Center and Library Plaza. B. Use of Facilities: STRUCTURES OCCUPANCY LOAD AND HOURS OF USE: Maximum occupancy within the structures at any given time for any purpose, is limited to the following: Ainsley House, 1st Floor: 100 maximum 2nd Floor: 25 maximum Basement: 49 maximum Attic: Storage only Any allowable use of the Ainsley House, as outlined in the following sections is limited to the period between the hours of 8:00 am to 10:00 pm. Use of the Campbell Museum/Carriage House is limited to Daylight hours only. 1. Ainsley House With the exception of the Basement Meeting Room (discussed in section B-2), in the downstairs level of the House, use of the Ainsley House is limited to those public and /or private activities which DIRECTLY COMPLEMENT the Museum's ability to fulfill its purpose, as stated in Section I of this Policy. All activities must be supervised by either the Historical Division/Museum of the City of Campbell or the Museum Association. The Structures, with the exception of the Basement, may not be rented, nor may they be used for any private or individual acti- vity, event or program not directly related to, or beneficial to, the Museum and its stated objectives. ALLOWABLE USES include such relevant activities as normal visitor access during established open hours; guided tours of the exhibits and/or facilities for small groups; supervised research during administrative operating hours, and City or Association sponsored special events, programs, meetings or agenda related to the Museum, its collections or its academic emphasis as stated in Sections I and II or Museum Policy. Allowable permanent uses of portions of the House include exhibition of collections, administrative and program operations, Association Gift Shop and Museum collections storage. Allowable Museum or Museum Association events include, but are not limited to, outdoor teas, seasonal festivals or activities (such as Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 7 Christmas Holiday House, candlelight tours, Thanksgiving House, Spring Flower Festival, etc.); receptions; fashion shows, historical auctions or antique shows, and periodic free open houses for public relations marketing or other compatible Museum purposes. a. VISITOR ACCESS: TOURS Visitors to the House are permitted only in the form of guided tours, and the size of the group is limited to eight (8) persons or less. Tours shall be scheduled during regularly established open hours. An admission fee, established by the City, may apply. Tours outside of regularly scheduled open hours can be arranged for larger groups or for groups with special needs, by advance reservation and special arrangement only. Larger groups will be divided into small tour groups of eight persons or less for staggered tours. Self-guided tours of the grounds, the Gift Shop or the Carriage House are provided as alternatives for groups waiting to tour the House. b. VISTTOR ACCESS: RESEARCH Research facilities are available on the premises, by appointment, at the discretion of Museum staff. Research can be conducted only during normal Museum administrative operating hours. All research and/or examination of objects must be one on the premises and under the supervision of the Historical Resources Supervisor/ Museum Director, or an authorized agent appointed by him/her. In addition, all regulations regarding access to, and use of, collections, expressed in Section III of Museum Policy apply. 2. Basement Meeting Room: Ainslev House a. ALLOWABLE USES: MUSEUM/ASSOCIATION Allowable Historical Division/Museum or Museum Association spon- sored meetings and programs include, but are not limited to, slide lectures, volunteer training, workshops, crafts/living history demonstrations, special educational classes and/or programs for children and adults on historical topics or related subject matter. b. ALLOWABLE USES: NON-MUSEUM The Basement Meeting Room may be rented, for an established fee, and in accordance with rules, regulations, and other applicable policy, to non-museum groups for private or public meetings, educational assemblies, classes or lectures not directly related to, or beneficial to, the Museum and its stated purpose. In addition to restrictions stated above, and those regarding decor- ations, alcoholic beverages, fundraising, liability/insurance expressed in section IV-F, the following restrictions and/or permissible use of the Basement Meeting Room apply: 1) No access is allowed to any other portion of the House, for any purpose, with the exception of direct entrance and exit Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 8 through the Foyer and elevator or stairs to the Basement Meeting Room. 2) Tables and chairs are provided and are to be used in the Meeting Room only, and only for the specific use for which they are intended. At no time should anyone stand on 1d$ or chairs, or sit on tables. 3) Smoking is not permitted. 4) Light refreshments and/or non-alcoholic beverages are permitted. Permittee is responsible for clean-up. 5) Any Museum equipment, furniture or decorative items present in the Meeting Room may not be moved or removed by permittee. Authorized Museum staff will assist if any alteration to placement of objects is required. 3. Campbell Museum/Carriage House Use of the Campbell Museum/Carriage House is limited to exhibition and storage of Museum collection objects. Guided tours are available, free of charge, to individuals or groups of eight persons or less, during normally scheduled Museum open hours. Larger groups, or groups with special needs, can be accommodated as per policy expressed in Section B-1, above. C. Use of Facility: GROUNDS OCCUPANCY LOAD AND HOURS OF USE: Maximum occupancy on the Ground at any given time, for any purpose, is limited to 299 persons. Any allowable use of the grounds, as outlined in the following sections, is limited to daylight hours only. No overnight uses are allowed. If an event is scheduled during normal Museum operating hours, access to the House and the Carriage House will be provided, in accordance with policy expressed in Section B above. 1. ALLOWABLE MUSEUM USES, or Museum Association sponsored uses, include, but are not limited to, concerts, picnics, easter egg hunts, living history events or demonstrations, garden parties, outdoor receptions, ice cream socials, gardening shows, and other appropriate activities. Activities scheduled for outdoor/grounds use may, at the discretion of the Museum and Association, be permitted indoors, should weather or other conditions prohibit full utilization of the grounds for the intended event. 2. ALLOWABLE NON-MUSEUM USES: The grounds may be rented, for an established fee, and in accordance with rules, regulations, and other applicable policy, to non-museum groups as a SETTING for private/public parties, weddings, picnics, reunions or other non-profit group assembly not Campbell Historical Museum, STATEMENT OF PURPOSE POLICY Page 9 directly related to, or beneficial to, the Museum and its stated pur- poses. In addition to restrictions stated above, and those regarding decorations, alcoholic beverages, fundraising, liability/insurance expressed in section IV-F, the following restrictions and/or permissible uses of the Grounds apply: a. No access is allowed to ANY portion of the House or Carriage House, for any purpose, other than those expressed in Section B b. Permittee is responsible for providing and setting up all tables chairs, supplies, food, allowable decorations, and equipment necessary to the event being scheduled. c. No Changing Rooms or Kitchen facilities are available. Public restrooms are located in the Carriage House, at City Hall and in the adjacent Campbell Public Library. d. No birdseed, wild rice or other organic material may be thrown or otherwise dispersed on the Grounds. D. Priorities/Classifications of Facility Use 1. Programs and activities administered or sponsored by the Historical Division/Museum, the City of Campbell and/or the Museum Association. 2. Activities, programs or meetings administered or sponsored by Museum members or donors. 3. Activities, programs or meetings open to the general public offered by non-profit, educational, or community service groups, clubs, organizations or government agencies. Group 3 users must provide a copy of State or Federal form/letter proving non-profit status. 4. Activities, programs or meetings by private groups/individuals. Applications for the following types of uses will not be accepted: open dances or parties; events in the honor of minors where alcohol is served; commercial use by private groups for sales, promoting or negotiating sales, or any fundraising activity not directly beneficial to the Museum, its programs, objectives or purposes. E. Reservations Application for facility use may be obtained at the Museum Offices, located in the Ainsley House, during normal administrative operating hours, or by calling the office and requesting that a form be mailed. 1. applications must be submitted in person on the requested form, at the Museum Office a minimum of ten (10) days prior to the desired date of use. Telephone reservations will NOT be accepted. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 10 2. All applicants must be at least 18 years of age or older and must be present throughout the entire use of the facility. 3. Full rental fees and applicable deposits are due at the time the reservation request is submitted. Uses will not be confirmed or approved until all fees are received. Applicants reserving facilities less than thirty (30) days in advance must pay in cash or by guaranteed money order. Personal or business checks will NOT be accepted less than 30 days prior to intended use. In all cases, payment must be made in advance of use. 4. No events may be schedule before 8:00 am or after 10:00 pm. 5. Some uses may require that applicants obtain a certificate of insurance or hire private security guards. (See Section F-3). These requirements will be noted on the confirmation copy of the reservation form. If requirements are not met prior to the date of use, the use permit will be cancelled. 6. Applications are not confirmed until applicant receives confirmation copy of the reservation form i the mail with the Historical Resources Supervisor/Museum Director's signature of approval. Absolutely no publicity or invitations should be distributed until the applicant receives official confirmation. When security or insurance are required applicant must meet requirements at least ten (10) days prior to the event or use or reservation will become automatically null and void. 7. Applications for use may be filed up to six months in advance of the desired date, using the following schedule for priority reservations: PRIORITY GROUP MAY SUBMIT APPLICATION 1 anytime 2 1st of month, six months prior 3 10th of month, six months prior 4 15th of month, six months prior 8. Major community events open to the general public and deemed to be of significant community interested may be submitted up to one year in advance. F. Rules and Regulations 1. Photography: no photography, including black-and-white, color, slide transparencies, motion picture and/or video, is allowed in any portion of the interior of the Ainsley House or Campbell Museum/Carriage House without express written permission in advance, and i conformance with regulations as provided in section II-G of this Museum Policy. The Museum reserves the right to refuse permission to photograph if the intended use is not in the best interest of protecting and conserving Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 11 collection objects and/or structures per established museum policy. In addition, any commercial organization or individual granted permission to photograph must also rent the facility for the period of time required to complete the photography, and will be assessed charges in accordance with established fees for such rentals, and any additional fees and charges deemed necessary to compensate for potential impact upon the building and/or collections at the discretion of the Historical Resources Supervisor/Museum Director, and/or upon review by the Museum Association Board of Directors. 2. Decorations: Any proposed decorating or covering of, or changes to the structures or grounds shall be discussed at the time of application. Where allowed, the permittee shall be responsible for putting up any decorations and for all other special preparations necessary for the function. All decorations shall be removed at the conclusion of the function. Permittee shall be responsible for the removal of all decorations, special preparations and permittee's personal property, owned or rented. In addition the following rules apply: a. All decorations must be flameproof or fire retardant. b. Decorations may only be applied with masking tape. All tape must be removed at conclusion of event. c. Decorations may not be hung from light fixture, ceiling, smoke detectors, emergency lights or wall/ceiling tiles. d. No open flames are allowed e. All plants, trees or shrubs must be in waterproof containers and must be carefully placed so as not to damage floor or block fire exits. f. no foreign substances may be applied to walls, ceilings or floors. g. Relocation or rearrangement of furnishings or equipment owned by the City/Museum Association is not permitted. 3. Alcoholic Beverages are permitted on the GROUNDS ONLY, and only by written permit application, and must be requested at the time of application. a. Alcoholic beverages to be consumed on the grounds shall be limited to beer, wine and champagne. Absolutely NO hard liquor is allowed. b. Requests for serving alcoholic beverages in other areas for special occasions may be considered by the Museum Association Board of Directors and the City Council/City Manager's Office if deemed there is no conflict with established policy or other uses. c. Alcohol is not allowed at events held in the honor of a minor. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 12 d. No sales of alcoholic beverages are allowed. e. Permittees sponsoring/hosting events where alcoholic beverages are served may be required, at their expense, to hire private security guards to be present for the duration of their event and to provide liquor liability insurance (see Section 3, below). When required, proof of hire must be submitted to the Museum Office at least ten (10) days prior to the event. f. Failure to comply with required security, licenses, permits or certificates will result in the voidance/cancellation of facility use. 4. Liability/Insurance a. The applicant shall be responsible for any and all damage to the premises, equipment or property. If, after an activity, additional janitorial maintenance is required (in excess of normal cleaning services/time), the applicant will be charged accordingly. b. The applicant will be held responsible for all actions, behavior and damages caused by his/her guests or attendees. c. All applicants requesting use of the facility for events deemed potentially dangerous will be required to provide the City with an original copy of a certificate of insurance providing public liability and property damage insurance in an amount not less than $1,000,000 per occurrence, and naming the City of Campbell and Campbell Redevelopment Agency as additional insured. The certifi- cate must be submitted to the Museum Office at least ten (10) days prior to the event. d. The City of Campbell is not responsible for accidents, injury, illness, or loss of group or individual property. 5. Cleaning and Damages: All uses of the structures or grounds are subject to a refundable damage deposit, payable at the time the reservation is made. The deposit is held until the Historical Resources Supervisor/ Museum Director has reviewed staff reports regarding use, which include satisfactory clean-up, staying within scheduled time, and lack of damage to facility of equipment. Deposit will be refunded upon meeting these conditions by mail within 15 to 30 days. Satisfactory clean-up of the facility includes the following: removal of all decorations, including tablecloths, balloons, streamers, signs, etc.; placement of all trash and refuse in provide containers; removal of spilled beverages from tables, chairs or other non-damageable surfaces. Any cost for repairs, equipment replacement or additional staff time required to clean up after use is deducted from the cleaning and damage deposit. Fees due which exceed the deposit will be billed to permittee. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 13 6. Staff Supervision: The City will provide staff to be on duty and to offer assistance during the use, including opening and closing the facility at designated time, explaining normal procedures, answering questions, supervising use, and handling emergencies. Any dangerous, unlawful or unruly behavior will be reported to permittee, who will be held responsible for correction. If at any time staff feels an event or use is out of control, the Police Department will be called in to respond to the situation. 7. Scheduling Changes: All uses must comply with established policy regarding time or hours of use. Reservation time includes set-up and clean-up time. All clean-up must be completed, and persons gone from the facility by the designated ending time or additional facility use [ime will be charged at 1-1/2 times the normal rate. Use beyond the 10:00 pm deadline for meeting room/grounds use will result in charges being assessed per established fee schedule. Additions or reductions in reservation times can be made up to ten (10) days in advance of scheduled use. Complete time changes should be made at least thirty (30) days prior to use; time changes made less than thirty (30) days in advance are subject to a $15 processing fee payable in advance in cash. Absolutely no changes may be made less than ten (10) days in advance of scheduled use. 8. Cancellation/Refunds: In the event that cancellation of a confirmed reservation is necessary, it is the permittee's responsibility to provide immediate WRITTEN notification of such intent to cancel use. a. REFUNDS FOR CANCELLATION OF USE OF GROUNDS 1) Cancellations received more than 4 months in advance of a scheduled use will receive a 1009 refund of amount paid less the $15 processing fee. 2) Cancellations received 3-4 months in advance of use will receive a 759 refund of amount paid less the $15 processing fee. 3) Cancellations received 2-3 months in advance will receive a 509 refund paid less the $15 processing fee. 4) Cancellations received 1-2 months in advance will receive only a 259 refund of amount paid less the $15 processing fee. 5) Cancellations received less than one month in advance will receive NO REFUND at all. Campbell Historical Museum, STATEMENT OF PURPOSE POLICY Page 14 b. REFUNDS FOR CANCELLATION OF USE OF MEETING ROOM 1) Cancellations received more than two weeks in advance of the scheduled use will receive a full refund of amount paid, less the $15 processing fee. 2) Cancellations received less than two weeks in advance of use will receive 25~ of facility use fees less a $15 fee 3) If no prior notification of cancellation is provided, full use fees will be retained, and NO REFUND will be received. The City of Campbell reserves the right to cancel any use of facilities upon two weeks written notice, exercised only in emergency situations or when deemed necessary for the safety and best interests of the City of Campbell and all concerned. In such cases, a full refund of all fees and deposits paid will be provided. 9. Miscellaneous a. Groups composed of minors must be supervised by one adult for each twenty minors b. Any persons violating rules and regulations or constituting a public nuisance will be required to leave the facility/premises. c. The misuse of the facility, failure to conform with facility regulations or any other Federal, state or Local law, rule, regulation or ordinance will be sufficient reason for immediate termination of permit. No refund will be granted. d. Only facilities designated on application may be used. e. Gambling on the facility premises is prohibited. Gambling shall be defined as any game of skill, chance or raffle, played with cards or any other device for money or any other representative item of value. f. Historical Resources Supervisor/Museum Director, or any other duly authorized representative on duty shall have the right to enter facility at any time during any and all uses. g. Permits/reservations cannot be transferred, assigned or sublet. h. The Historical Resources Supervisor/Museum Director shall regulate or prohibit such activity or use which in his/her judgment, is determined to be of a hazardous nature or is potentially dangerous or damaging to property or is not in the best interests of the citizens of the City of Campbell. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 15 i. The City reserves the right to amend fees an charges as deemed necessary. Previously approved reservations will not be affected by new rates. H. Facility Use Waiver: Use of the facility for any purpose other than those specified in this Facility Use Policy must be petitioned through written request to the Historical Resources Supervisor/Museum Director. Such request must outline intended modifications or changes n detail, demonstrating compliance with rules, regulation and policy as stated above. Petitions for such FACILITY USE WAIVER are subject to review by the Museum Association Board of Directors, with recommendations forwarded to the City Council. The City Council shall have the final authority to waive or modify rules or regulations. Any and all requests/variances are considered individually and are not automatically applied as a matter of precedent to future similar uses. Campbell Historical Museum, STATEMENT OF PURPOSE/POLICY Page 16 OPERATING AGREEMENT CAMPBELL HISTORICAL MUSEUM AGREEMENT between the CITY OF CAMPBELL and the CAMPBELL HISTORICAL MUSEUM ASSOCIATION to operate and develop the CAMPBELL HISTORICAL MUSEUM as the City's Museum of public history. The Campbell Historical Museum, hereinafter referred to as "Museum", is comprised of the Ainsley House and the Campbell Museum/Carriage House. THIS AGREEMENT made and entered into this day of 1990, by and between the CITY OF CAMPBELL, a municipal corporation of the State of California hereinafter referred to as "City" and the CAMPBELL HISTORICAL MUSEUM ASSOCIATION, a non-profit corporation hereinafter referred to as "Association". LiTTNFCCRTii WHEREAS, the City of Campbell has established the Campbell historical Museum as the City's Museum of public history; and WHEREAS, the City recognizes the need for assistance and support to operate the Museum; and WHEREAS, the Campbell Historical museum Association, Inc., is a California non-profit public benefit corporation willing to assist the City in the operation and development of the Museum; NOW THEREFORE, BE IT RESOLVED that the parties hereto agree as follows: PREAMBLE The City is desirous of continuing and further developing the Campbell historical Museum for the cultural and educational benefit of its residents and the general public at large. OPERATING AGREEMENT, City of Campbell/Museum Association Page 1 The Association has been formed pursuant to California law as a non-profit corporation for the primary purpose of carrying on those activities appropriate or necessary in continuing and further developing the Museum for its cultural and educational benefits. Accordingly, the parties to this agreement come together herein with a sense of mutual interdependence and a spirit of partnership. I. PROPERTY OWNERSHIP AND USE OF MUSEUM 1.1 The Ainsley House and Campbell Museum/Carriage house are the property of the City and the Association shall not have nor acquire hereby any right or incident of ownership with respect thereto. The Association shall be granted use of the Museum to carry out the duties and responsibilities as stated in this agreement. Specifically, Association shall have no right to assign this Agreement nor to let any part of the premises to any other person or group, nor by its directors, officers, employees or agents to be upon the premises beyond the term or any extended term of this Agreement. 1.2 Association is hereby granted use and occupancy of the said property for and during the term of this Agreement for the purpose of carrying on the business of the Museum and any and all business activities related thereto an d not inconsistent with the purposes and provisions hereof as established in Museum Policy (see Exhibit A). 1.3 The Museum collection is the property of the City and Association shall not have or acquire hereby any right or incident of ownership with respect to OPERATING AGREEMENT, City of Campbell Museum Association Page 2 any item or items therein, notwithstanding the application of labor or material thereto and the repair, renovation, restoration or other enhancement thereof by Association. 1.4 The goods, supplies, furnishings, equipment, tools and appliances acquired and owned by Association shall be listed in an attachment hereto, which attachment shall be from time to time revised as herein provided. Upon termination of this Agreement, Association shall be entitled at its election to remove all property so listed. No such property shall be deemed. owned by Association unless it is so listed, or unless upon proof of ownership submitted to City, City shall agree to the ownership of Association and its removal thereof. In the event of a dispute arising under this paragraph, the matter shall be submitted to arbitration by and under the rules of the American Arbitration Association. 1.5 The list of Association property referred to in paragraph 1.4 above shall be revised not less frequently than annually, upon the automatic annual renewal of this Agreement. Association shall submit to City a written description of each item of such property acquired by the Association, together with a statement of the manner of acquisition and, if applicable, the items' costs. Thereafter, Association shall be entitled to add such items to the list unless within thirty (30) days City shall serve notice in writing that it objects to or disputes the information supplied or the Association`s right to ownership of any item or items. In the event of a dispute arising under this paragraph, the matter shall be submitted to arbitration by and under the rules of the American Arbitration Association. OPERATING AGREEMENT, City of Campbell/Museum Association Page 3 II. POLICE POWER OF CITY 2.1 City shall have, at all times, access to every part of said buildings and grounds for visitation, supervision, and for the purpose of the performance of the police powers and duties of City as shall from time to time be provided by local, state or federal law. 2.2 Association and its officers, directors and employees shall at all time cooperate with fire and police and other officials of the City in order to facilitate the exercise of such police powers and to prevent the obstruction of delay thereof. III. INSURANCE AND INDEMNITY 3.1 Association shall, at Associations cost and expense, maintain in full force and effect during the term of this Agreement or any extended term hereof, a policy of public liability insurance insuring against loss or liability with limits of at least $500,000.00 for bodily injury and property damage combined arising on or in said premises for programs sponsored by the Association. 3.2 Association hereby agrees to indemnify and save harmless the City from any and all liability, loss, cost or obligation on account of or arising ut of any such injuries or losses, however occurring, including the cost of defending any action arising out of or on account hereof. The City, its officers, employees and agents shall be named as additional insured. A Certificate of Insurance shall be on file with the City Clerk prior to the execution of this Agreement. 3.3 Association shall maintain an appropriate policy of Worker's Compensation insurance covering any and all employees of Association required to be .covered by such insurance under the provisions of the Labor Code of the OPERATING AGREEMENT, City of Campbell/Museum Association Page 4 State of California and shall indemnify and save City harmless from any and all liability, cost or obligation on account of a Worker's Compensations claim. 3.4 City shall provide standard fire insurance with appropriate limits for the said buildings and such fire and theft coverage for the Museum collections as the City shall deem appropriate, and as stipulated in the Grant Agreement between he City and the Donor of the Ainsley House and the Campbell Museum/Carriage House (see Exhibit B) 3.5 Association shall at its sole cost and expense maintain such fire and theft insurance as it deems appropriate, covering the goods, .supplies, furnishing, equipment, tools and appliances owned by Association. 3.6 Each party shall at its election maintain in force such other insurance coverage at its sole cost and expense as may deem appropriate covering other insurable hazards as for which insurance may be available. 3.7 Association shall not use nor permit the use of the premises or any part thereof for any unlawful, disreputable or ultra-hazardous business or activity, nor conduct its business in such a manner as to constitute a public or private nuisance. IV. FUNDING OF OPERATIONS OF THE MUSEUM 4.1 An operating budget for the Museum shall be adopted by the City Council each year to provide basic services. The Association shall advise the City Council as appropriate on matters relating to the Museum budget. 4.2 Association shall use its best efforts to solicit memberships and to collect dues from its members, to seek charitable contributions to seek OPERATING AGREEMENT, City of Campbell/Museum Association Page 5 governmental and charitable grants and to engage in such fund-raising as Association's size and means make practicable. 4.3 It is understood that the Association will utilize volunteer help to the extent possible, in support of City staffing authorized by the City Council. V. TERM OF AGREEMENT 5.1 This Agreement may be wholly cancelled or terminated, or, from time to time modified or amended as may be agreed, in writing, between the parties or their successors. 5.2 Association may terminate this Agreement at the end of the existing yearly term by providing no less than ninety (90) days advance written notice of its intention to terminate, and the Association may remove its property listed in the attachment hereto, and relinquish their use of premises. 5.3 This Agreement is automatically renewable on an annual basis, and continues in full force and effect until terminated by either party by giving written notice of their intent to terminate ninety (90) days prior to said date of termination. VI. MUSEUM TO BE OPEN TO THL' PUBLIC 6.1 The Museum shall be kept open and accessible to the public, in accordance with established Museum policy (see Exhibit A). 6.2 A fee or charge for admittance may be assessed at the discretion of the City. OPERATING AGREEMENT, City of Campbell/Museum Association Page 6 VII. FUNCTIONARY RESPONSIBILITIES OF THE ASSOCIATION 7.1 During the term of this Agreement, the Association will be responsible, to the best of its ability, for performing, or for assisting City staff with, the following activities, within the confines of established Museum policy. a. Conduct lectures, entertainments and receptions, and hold meetings in furtherance of the interests of the Museum for the purpose of acquainting the public with material or exhibits in the Museum, or in order that the educational advantages offered by the Museum may be more widely distributed. b. The Association shall have the ability to conduct special or technical programs or courses of instruction of the matters pertaining to or connected with the Museum and may charge participants such fees as may be necessary to defray the cost of such instruction. c. The Association shall be able to publish documents pertaining to the work of the Museum and may sell, exchange or distribute same in the Museum. d. The Association may employ attendants, guides, sales clerks, photo lab technicians, researchers, or other persons as may be necessary to conduct Association sponsored programs and projects in the Museum. A City staff person and/or the designated representative of the Association must be on the premises during these activities. e. The Association shall be responsible for all program revenue generated through activities sponsored by the Museum Association to include, but not be limited to, voluntary donations, membership fees, Museum shop sale receipts, fundraising events, special showings of travelling exhibits, reproductions of photographs and labels, commissioned sales items, etc. OPERATING AGRF.FMRNT, City of Campbell/Museum Association Page 7 f. The Association shall assist City staff as requested in providing historical data relative to the City of Campbell. g. The Association shall assist City staff in maintaining, preserving and displaying the current historical holdings of the City and in collecting new acquisitions pertaining to the history of Campbell and its sphere of influence. h. The Association shall provide historical lectures and tours to educational institutions, organizations and individuals. i. The Association shall attempt to secure funding from private and public sources for continued support of the Museum and its activities. j. The Association shall publicize the programs and resources of the Museum, to encourage participation, contributions and donations. k. The Association shall assist City staff in recruiting, training and coordinating volunteers to assist in the operation of the Museum and its programs. VIII. ADVISORY RESPONSIBILITIES OF THE ASSOCIATION 8.1 The Association shall exercise authority in an advisory capacity to the City Council in policy decisions, including but not limited to the following: a. Buildings: maintenance, construction and rehabilitation b. Collections: care and conservation c. Exhibitions d. Facility Use e. Staffing f. Finances OPERATING AGREEMENT, City of Campbell/Museum Association Page 8 g. Long-Range Planning h. Development i. Programming and Education j. Administration k. Security 1. Public Relations and Marketing IX. RESPONSIBILITIES OF THE CITY 9.1 The City shall provide the Ainsley House and the. Campbell Museum/Carriage House as the permanent home of the Campbell Historical Museum. 9.2 The City shall adequately provide for the maintenance and repair of the Museum buildings and grounds, janitorial services, utilities and other miscellaneous expenses necessary to maintain and operate the Museum. 9.3 The City shall employ an Historical Resources Supervisor/Museum Director to manage the day-to-day Museum operations, develop and administer the budget, plan and prepare exhibits, catalogue and organize Museum collections, serve as liaison to the Association and perform other duties as required. 9.4 The City Council shall retain the final authority on policy matters relating to the operation of the Museum. 9.5 As funds become available, the City shall provide Capital Improvement plans for the museum building and grounds. 9.6 The City shall provide access and space in the Museum buildings for the Association to conduct business and hold meetings as necessary. OPERATING AGREEMENT, City of Campbell/Museum Association Page 9 9.7 The City shall be responsible for all revenues generated through lease of the Grounds and portions of the buildings as specified in established Museum policy (see Exhibit A), as well as any City established fees and charges. X. SURRENDER OF POSSESSION 10.1 Association shall, on the last day of the term of this Agreement, or upon earlier forfeiture and termination of the Agreement as herein provided, peaceably and quietly surrender and deliver the premises to Cit including all buildings, additions and improvement constructed or placed thereon by Association, except removable trade fixtures, all i good condition and repair, the same as at the beginning of the Agreement, reasonable wear and tear excepted. Any trade fixtures or personal property owned by Association, if not removed by Association, shall at the election of City be deemed abandoned and become the property of City without any payment of offset; therefore, City may remove such fixtures or property from the premises and store them at the risk and expense of Association if City shall so elect. XI. FORFEITURE BY DEFAULT 11.1 In the event that Association shall stand in breach of this Agreement or in violation of any law of the City of Campbell of the State of California, city may at its election declare this Agreement terminated and the same shall be deemed terminated by default at the end of ninety (90) days of such notice from City to Association. OPERATING AGREEMENT, City of Campbell/Museum Association Page 10 In the event that Association disputes the City~s right to terminate this Agreement under this paragraph, the matter shall be submitted to arbitration by and under the rules of the American Arbitration Association. XII. AGREEMENT CONTAINS ALL UNDERSTANDINGS 12.1 This document represents the entire and integrated Agreement between Association and Cit and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement shall not be constructed as nor deemed to be an Agreement for the benefit of any third party or parties and not third party or parties shall have any right of action herein for .any cause whatsoever. 12.2 All provisions of this Agreement are expressly made conditions. This AGreement shall be governed by the laws of the State of California and the ordinances of the City of Campbell. IN WITNESS HEREOF, the City and Association, have executed this Agreement this day of 1990. CITY OF CAMPBELL BY: MAYOR, John Ashworth CITY CLERK, Barbara Olsasky CAMPBELL HISTORICAL MUSEUM ASSOCIATION BY: PRESIDENT, Barbara Johnson TREASURER, Karen Lokey OPERATING AGREEMENT, City of Campbell/Museum Association Page 11