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HomeMy WebLinkAboutE-12 - MOU for Curation ServicesAPPROVED COUNCIL MEETING CONSENT ITEM E-12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: LOUIE F. LACASELLA, MANAGEMENT ANALYST DATE: MARCH 21, 2016 SUBJECT: REQUEST TO APPROVE MEMORANDUM OF UNDERSTANDING FOR CURATION SERVICES WITH THE RAYMOND M. ALF MUSEUM OF PALEONTOLOGY STIMMARY- The Raymond M. Alf Museum of Paleontology (Museum) located in Claremont, is storing several fossils that were discovered during the construction of the Rosedale Community. This action approves a Memorandum of Understanding for Curation Services with the Museum as required under the California Environmental Quality Act of 1970 (CEQA). RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Approve the Memorandum of Understanding for Curation Services with the Raymond M. Alf Museum of Paleontology for fossils discovered during construction of the Rosedale Community as required under the California Environmental Quality Act of 1970 (CEQA). DISCUSSION: In 2007, several collections were recovered from the Rosedale Community, over 100 fossils altogether. These collections represent the first occurrence of paleontological specimens within the City. The Museum was contacted in November 2015 in regards to accessioning the collection into their collection. This agreement is recommended pursuant to the California Environmental Quality Act of 1970 (CEQA). The City of Azusa, as the lead agency under the California Environmental Quality Act, is required to secure curatorial services, for preservation of historical artifacts. The collections are located in the museum, which has the expertise, facility and personnel to care for the collections. The MOU provides for long-term professional care and management of the collections with the requisite equipment, space and safeguards, and performs all work necessary to protect them in accordance with applicable standards and authorities. Memorandum of Understanding for Curation Services with the Raymond M. Alf Museum of Paleontology March 21, 2016 Page 2 The paleontological material removed from the Rosedale Project site will remain the property of the City for all time even though they are located/curated at the Museum. To help educate students about the paleontological resources that have been unearthed, the Museum is willing to make a replica of the anglerfish fossil that can be used for display purposes. FISCAL IMPACT: The Museum is requesting a one-time curation fee of $500 to maintain the City's collection. Prepared by: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) Memorandum of Understanding with the Raymond M. Alf Museum of Paleontology MEMORANDUM OF AGREEMENT FOR CURATION tI ON Wi'/_�I &Ia0_so CITY OF AZUSA, CALIFORNIA AND THE RAYMOND M. ALF MUSEUM OF PALEONTOLOGY This Memorandum of Agreement (MOA), between the City of Azusa, California (Agency) and the Raymond M. Alf Museum of Paleontology (Repository), defines the relationship between parties and their respective roles in the curation of paleontological specimens and associated records (Collections) that originated from the Rosedale Project. I. Background. a. Project: The Rosedale Project (formerly known as the Monrovia Nursery Project) was approved in 2004 and included a Development Agreement, various land use entitlements and certification of an Environmental Impact Report and Mitigation Monitoring and Reporting Program for development of a master -planned community consisting of up to 1,250 residential units, commercial space and open space on the former Monrovia Nursery site located in foothills of the City of Azusa. b. Authorities and Standards: This agreement is executed pursuant to the following authority and standard: California Environmental Quality Act of 1970 (CEQA) (PRC § Section 21000 et seq.), the Mitigation Monitoring & Reporting Program adopted for the Rosedale Project, as well as, prevailing applicable professional museum and archival practices and standards. As authorized under prevailing laws, rules, and regulations, Agency museum collections result from either direct Agency action and funding or permitted activities by outside researchers/contractors. The permittee, the City of Azusa as the lead agency under the California Environmental Quality Act, is required to secure curatorial services, allowing for minimal Agency involvement. Collections are principally located in museums and universities who have the expertise, facility, and personnel to care for the collections. c. History: In 2007, Collections were recovered from the Rosedale Project on the previous Monrovia Nursery property in the City of Azusa, County of Los Angeles, California (Gust and Scott, 2007). Mitigation of the project was performed by Cogstone Resource Management, Inc. The Collection represents the first occurrence of paleontological specimens in Azusa. The Raymond M. Alf Museum of Paleontology (RAM) was contacted by Sherri Gust of Cogstone in November 2015 in regards to accessioning the Collection into the RAM collection. II. Definitions. a. Associated records means original records (or copies thereof) that are prepared, assembled, and document efforts to locate, evaluate, record, study, preserve, or recover a paleontological collection. b. Collections means material remains (and the associated records) that were collected, excavated, or removed during a survey, excavation, or other study of paleontology resource that was located, at the time of collection, on within the Rosedale Project Agency managed lands. c. Curation means managing and preserving a collection according to prevailing applicable professional museum and archival practices, as well as, making collections available for exhibit, scientific study, public education, and interpretation. d. Rosedale Project (Agency managed land) means the Rosedale Project and the land area boundaries described in the Development Agreement between the City of Azusa and Monrovia Nursery Company recorded on July 29, 2004 in the Los Angeles County Recorder's Office. III. Statement of Agreement. The Parties do witness that, WHEREAS, the long term care and protection of Collections for education, scientific study, and public interpretation is a cooperative endeavor between the Repository and the Agency; and WHEREAS, the Repository desires to obtain, house, and maintain appropriate Collections from Agency managed lands and fulfills the requirements for the long care and protection of collections; and WHEREAS, the Parties hereto recognize the mutual benefits derived by having the Collections suitably housed and maintained in the Repository and the Agency's continued ownership and control over said Collections; NOW THEREFORE, the Parties do mutually agree as follows: The Agency shall: 1. Assign an individual who meets pertinent professional qualifications as the Agency's Representative having full authority with regard to this Agreement. 2. Contingent upon available funding or resources, provide the Repository with funding, equipment, or materials to facilitate the curation of the Collection. 3. Delegate authority to the Repository to make decisions relating to curation, preservation, and scientific research of the Collection. 4. Review and approve/deny requests for consumptive use of rare or controversial items from the Collections (or portions thereof) within 30 days of receiving a written request from the Repository. 5. Review and approve/deny requests for loans of materials exceeding a period of one year within 30 days of receiving a written request from the Repository. 6. Review and approve/deny requests for permission to make reproductions (molds, casts, 3D models) of Collections' object(s) within 30 day of receiving a written request from the Repository. The Repository shall: 1. Provide long term professional care and management of the Collections with the requisite equipment, space, and safeguards and perform all work necessary to protect them in accordance with applicable standards and authorities. 2. Ensure that the person(s) providing curation, possesses knowledge, experience and competence appropriate to the nature and content of the Collection. 3. Report loss, damage, or destruction of the Collection to the Agency. 4. Provide a system that allows the Agency and other appropriate individuals, institutions, and agencies access to the Collections for appropriate uses. 5. Maintain records of the Collections, including information on the study, use, loan, and location of said Collections including those removed from the premises of the Repository. (No loans shall be made to individuals.) 6. Restrict access to information relating to the location of paleontological resources from which the Collections have been excavated or removed. 7. Direct any request for transfer of Collections (or any part thereof). 8. Not mortgage, pledge, assign, transfer, give, sublet, discard, sell, or part with possession of all or any part of a collection covered by this agreement without prior written permission of the Agency. 9. Inform the Agency in the event that the Repository is unexpectedly closed or unable to fulfill the terms of this agreement. IV. Special Provisions. a. Paleontological material removed from Agency managed lands remain the property of the Agency for all time even though they arc located/curated at the Raymond M. Alf Museum of Paleontology. b. This agreement creates no obligation or expectation for funding or resources among the signatory parties or their respective organizations. V. Terms and Termination. a. This Memorandum of Agreement shall be effective upon the date of execution by both parties and shall remain in effect from the date of the Agency's signing, or until otherwise revised or terminated in writing. b. This Memorandum of Agreement may be revised or extended by written consent of both parties, or by issuance of a written agreement signed and dated by both parties. c. Either party may terminate the Memorandum by providing 60 days written notice to the other party. VI. Signatures. in witness where of, the Parties hereto have executed the Memorandum. Agency Re tive Signature: Print Name: /7 Date: Repository Representative ............ _..... _ ...........1.1 Signature: Print Name: n r Date��A Title: ✓�fOr �i�ccCf7Q4S