Loading...
Backup Documents 09/26/2017 Item #16D25 ORIGINAL DOCUMENTS CHECKLIST & ROUTING 1L6 025 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed'Fasting slips and original rlobumentF most he reef +ed in the Count.,AttorneyOffice 119 later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date _ 1. 2. 3. County Attorney Office County Attorney Office JAK 8 23 17- 4. BCC Office Board of County '."7/-‘09 , Commissioners Vt\( /J/ '1\z' \r1 5. Minutes and Records Clerk of Court's Office � �( f;�n. PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missin&information. Name of Primary Staff Amanda Townsend Phone Number 239-252-7177 Contact/ Department Museum Agenda Date Item was ., } . Agenda Item Number 3657 Approved by the BCC , _\; �A V \ k 6M-"4'a5 Type of Document Loan Agreement Number of Original 2 Attached Documents Attached _ PO number or account number if document is .b to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? e-- f),‹ . -wit- ke_____ 2. Does the document need to be sent to another agency for additional signatur ? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 4414tt- signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. ..- 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ,-AN74c document or the fmal negotiated contract date whichever is applicable. Y''R k-.. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's -eat. signature and initials are required. .Ne- 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC and all changes made during the meeting N/A isnot have been incorporated in the attached document. The County Attorney's Office has an option for reviewed the changes,if applicable. -,\-,y\; . '_ line. 9. Initials of attorney verifying that the attached document is the version approved by th •.1e-,'" is not BCC,all changes directed by the BCC have been made,and the document is ready fkr ' e -- CC + ion for Chairman's signature. \ \fT.S . 1;,e. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 0 2 5 MEMORANDUM Date: October 2, 2017 To: Amanda Townsend, Division Director Collier County Museum From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Loan Agreement from the University of Pennsylvania Museum of Archaeology and Anthropology allowing Collier County Museums and Marco Island Historical Society to borrow artifacts Attached is an original copy of the document referenced above, (Item #16D25), approved by the Collier County Board of County Commissioner's on Tuesday, September 26, 2017. The second original agreement has been held in the Minutes & Records Department for the Board's Official Record. If you have questions or if I can be of any additional assistance, please feel free to call me at 252-8406. Thank you. Attachment LO-2016-14 16 0 2 5 Paan use7 3260 South Street U Philadelphia, PA 19104 UNIVERSITY of PENNSYLVANIA MUSEUM Registrar's Office of ARCHAEOLOGY and ANTHROPOLOGY tel: 215-746-6975 LOAN AGREEMENT LO-2016-14 Loan Summary Borrower/Organization: Collier County Museum Division Marco Island Historical Society 3331 Tamiami Trail East 180 S. Heathwood Drive Naples, FL 34112-4901 Marco Island, FL 34145-5028 Interim Director: Amanda O. Townsend, Collier County Museum Division Contact: Austin J. Bell, Curator of Collections, Marco Island Historical Society Phone: (239) 389-6447 E-mail: curator@themihs.org Exhibition Title: Paradise Found: 6,000 Years of People on Marco Island Loan Period: November 12, 2018 —November 13, 2020 Venue(s) and Exhibition Dates: Marco Island Historical Museum (December 3, 2018 —April 4, 2021) Objects: 5 American Section Objects (see attached"Schedule of Objects") Total Insurance Value: $1,000,000.00 USD Lender: University of Pennsylvania Museum of Archaeology and Anthropology 3260 South Street Philadelphia, PA 19104 Head of Collections: Dr. James R. Mathieu on behalf of Dr. Julian Siggers, the Williams Director Contact: Anne Brancati, Registrar for Loans Phone: (215) 746-6975 Email: brancati@upenn.edu 1 LO-2016-14 1 6 13 2 5 LOAN AGREEMENT Special Terms and Conditions THIS AGREEMENT made on July 14,2017 by and between The Trustees of the University of Pennsylvania,Philadelphia, Pennsylvania acting through the University of Pennsylvania Museum of Archaeology and Anthropology(Penn Museum) and Collier County Museum Division,Naples,Florida/Marco Island Historical Society,Marco Island,Florida (Borrower). Penn Museum agrees to loan Borrower the 5 items listed in the attached Schedule of Objects(the "Loan Material")for exhibition with a loan period from November 12,2018 to November 13,2020. This loan is governed by these"Special Terms and Conditions"as well as the accompanying"Standard Terms and Conditions." To the extent that there is any inconsistency between these"Special Terms and Conditions"and the"Standard Terms and Conditions",these"Special Terms and Conditions"shall take precedence. 1. INSURANCE a). Borrower agrees to continuously insure the Loan Material for the entire loan duration on an all-risk fine arts policy, both in transit and while on the premises of the Borrowing institution(wall-to-wall)in an amount not less than the figure specified under the Total Insurance Value of the Loan Summary.The Trustees of the University of Pennsylvania must be added as an additional insured and named as a loss payee on all insurance policies obtained by Borrower in accordance with this paragraph. b). Borrower must provide the Penn Museum with appropriate certificates of insurance evidencing the required coverage before the Loan Material leaves the premises of the Penn Museum. 2. COSTS&PAYMENT a).The Borrower agrees to assume the costs related to this loan,which include: $1,500.00 Loan Fee($150/object/year for 2 years) $375.00 Conservation Estimate($74/hour x 5 hours) TBD Mount Making(estimate to be provided by Penn Museum's designated mount maker) $1,770.00 Packing&Crating(estimate provided by Atelier Art Services Inc.) $50.00 Crate Disposal Feel(1 crate) b).Borrower agrees to pay the above-mentioned fees/costs to the Penn Museum directly. If paying by wire,the Penn Museum will add a$50.00 wiring fee to each transaction. c).Borrower agrees to assume any other costs related to this loan that are not specified in this Agreement. The Penn Museum will notify the Borrower if any such costs are incurred. d).All payments will be made to the Penn Museum within 30 days of receipt of invoice. 3. EXHIBITION&LABELS a).The Loan Material must be exhibited in fully enclosed,locked,display cases. b).Borrower must use mounts fabricated by Penn Museum's designated mount maker for Sea Turtle Figure(40715). Mounts may be needed for other Loan Material based on the Borrower's case designs. c).All case design drawings for the Loan Material must be approved in advance by the Penn Museum. Submitted design drawings should specify deck or wall mounts,include the distance from the deck,the case material,and color. d).Light and humidity levels within the exhibit cases must be kept at the levels designated in the attached"Schedule of Objects." e).All labels and text panels must prominently contain the legend,"Loaned by the University of Pennsylvania Museum of Archaeology and Anthropology,Philadelphia,PA."In addition,any introductory text panels or information shall prominently include the University of Pennsylvania Museum of Archaeology and Anthropology as a lender to the exhibition. f).The information provided on the attached"Schedule of Objects"includes basic object information. To the best of the Penn Museum's knowledge,this information is accurate and should be used as the information source for the caption labels in the exhibit and in a catalogue. Any need or desire to alter the informational content of the caption labels must be approved in advance by the Penn Museum. Penn Museum accession numbers must be included in the object labels. g). Once the Loan Material is installed,the Borrower cannot open the case(s)or remove the Loan Material from the case(s) without written permission from the Penn Museum. 4. PACKING&CRATING a).Penn Museum will make arrangements for packing and crating the Loan Material for shipment to Borrower. An 2 LO-2016-14 1 6 0 2 5 estimate for packing and crating is provided under the Costs&Payments section on page 2 of this Agreement. b). Borrower agrees to keep the packing and crating material in a secure,climate-controlled area on the Borrower's premises and will use the same packing and crating material for the return of the Loan Material. If the packing and crating material is lost or damaged,Borrower will inform the Penn Museum and, at its sole expense,will obtain reasonably similar substitutes for the return shipment of the Loan Material. 5. SHIPPING a).Penn Museum will release the Loan Material for shipment to the Borrower on or after November 13,2017. b).In consultation with the Penn Museum,Borrower will coordinate, select the transportation carrier,and arrange for the shipment of the Loan Material to the Borrowing institution's venue and all subsequent venues. Borrower will pay the cost of such transportation. c). Ground transportation must be via a fine arts shipper with air-ride,dual-driver,enclosed, climate-controlled and exclusive-use or consolidated-use trucks. d). Borrower will coordinate the return shipment with the Penn Museum's Registrar for Loans at least one month prior to the close of the exhibition.The Loan Material must be returned to the Penn Museum as soon as possible after the exhibition closes,and before November 13,2019,the end of the loan period. 6.COURIER a). Penn Museum will send a courier to supervise the Loan Material for installation and deinstallation,including packing and unpacking,condition reporting,and assisting with installation and deinstallation. b).Borrower will arrange and be responsible for the cost of a hotel room close to the exhibition venue for the courier. c).The Borrower agrees to be responsible for all the courier-related costs including transportation,hotel,per diem,and any business related communication. The courier will receive upon his/her arrival a cash or cash equivalent per diem,according to the current rate posted on the US General Services Administration's website for Marco Island,Florida in 2017 and 2019. Ground transportation to and from airports/train stations and/or hotels is not included in the per diem. 7. PHOTOGRAPHY a).If needed,Borrower must submit photography requests to the Penn Museum Photographic Archives (photos@pennmuseum.org). b). Borrower shall provide information such as desired orientation,close-ups,and background color to the Penn Museum's Photo Archives Department before the photography takes place. c). The cost of photography shall be billed separately by the Penn Museum's Photo Archives Department. 8.CATALOGUE a). If an exhibition catalogue or brochure is to be produced,Borrower shall,at its own expense, furnish Penn Museum with five(5)copies. Borrower is responsible for the shipment of these catalogues to the contact address stated in this document. IN WITNESS WHEREOF,the parties have set their hands and seals on the day and year first written above. The Trustees of the University Collier County Museum Division Marco Island Historical Society of Pennsylvania acting through Naples,F Marco Island,FL Penn Museum,Philadelphia,PA BY t /,� 0. - Dr.Julian Siggers,the William irector 7?) Gatusaou a0, Q_ A caQ DATE: -7 ( SI 177- DATE: C 1 lc.,` DATE: i /24/ Z-01/ Approved as 7(ban and legality ATTEST: : Item* .1(.01.1Q DWIGHT E.BROCK,aERK Agenditi D : 6( . Date Jeffrey A.Klatzklpw,bounty Attorney Deputy C Date ..:na � Attest as to ai s :eed ` 3 signature only. -.uty 0 LO-2016-14 16 D2 5 LOAN AGREEMENT Standard Terms and Conditions THIS AGREEMENT made on July 14,2017 by and between The Trustees of the University of Pennsylvania,Philadelphia, Pennsylvania acting through the University of Pennsylvania Museum of Archaeology and Anthropology(Penn Museum) and Collier County Museum Division,Naples,Florida/Marco Island Historical Society,Marco Island,Florida (Borrower). Penn Museum agrees to loan Borrower the items listed in the attached Schedule of Objects(the"Loan Material")for exhibition with a loan period from November 12,2018 to November 13,2020. This loan is governed by the foregoing "Special Terms and Conditions"as well as these"Standard Terms and Conditions." To the extent that there is any inconsistency between the"Special Terms and Conditions"and these"Standard Terms and Conditions",the"Special Terms and Conditions"shall take precedence. 1. INSURANCE a). Borrower shall continuously insure the Loan Material on an all-risk fine arts policy subject to the standard exclusions, both in transit and while in Borrower's custody(wall-to-wall)in an amount not less than the figure specified under the Total Insurance Value in the attached Loan Summary. The Trustees of the University of Pennsylvania must be named as a loss payee on all insurance policies obtained by Borrower in accordance with this paragraph and Borrower must provide Penn Museum with appropriate certificates of insurance evidencing the required coverage before the Loan Material leaves the premises of Penn Museum. Each certificate of insurance must indicate the amount and type of insurance,specify all named insured and confirm that no policy reflected thereon shall be cancelled without notice to Penn Museum at least thirty(30) days prior to the proposed date of cancellation. b.)Borrower hereby guarantees the return of all Loan Material to Penn Museum according to the time schedule specified in this Agreement. In the event that circumstances beyond Borrower's control preclude such return, Borrower shall compensate Penn Museum for the full value of all Loan Material not returned. Borrower also agrees to indemnify and hold harmless the University and Penn Museum from all legal and other expenses that Penn Museum or others may incur as a result of a seizure of any of the Loan Material or other action preventing or delaying their return. c).For all purposes under this Agreement,the value of the Loan Material,or any of them,shall be the dollar value set forth in"Schedule of Objects." If any of the Loan Material,between the time the loan leaves the Penn Museum's premises destined for Borrower and the time it returns to the Penn Museum's premises,has suffered any loss or damage then,solely at Penn Museum's election,Borrower shall: (a) pay Penn Museum the dollar value of the damaged item;or (b) pay Penn Museum the cost of restoring or treating,to the extent practicable,the damaged item to its condition upon leaving Penn Museum and any difference between the dollar value of said item set forth in"Schedule of Objects"and the value of said item after such restoration. Payments for depreciation and restoration are subject to the terms of the Borrower's insurance policy. d).Penn Museum has thirty(30)days upon the return of the Loan Material to Penn Museum's premises to report and claim loss or damage,if any. e).Penn Museum may elect,on a case-by-case basis,to self-insure the Loan Material under the University of Pennsylvania fine arts insurance coverage. The specific terms related to such coverage,if any,will be outlined in the `Special Terms and Conditions." 2. COSTS&PAYMENT a).Borrower agrees to assume all costs related to this loan. Costs may include,but are not limited to: • Loan and/or administration fees • All costs related to the stabilization,treatment,and mounting of the Loan Material as deemed necessary by Penn Museum for safe travel and exhibition. Conservation work may be done in-house or via outside contractor • All costs associated with the safety of the Loan Material,in transit and on the Borrower's premises,as required by Penn Museum's and Borrower's insurers • Rigging expenses • Engineering expenses • Packing and crating building expenses • Shipping and customs/CITES expenses • Courier expenses including travel,lodging,and per diem • Expenses associated with the return and reinstallation of objects such as handling fees and crate disposal fee 4 LO-2016-14 1 6 0 2 5 • Photography Fees b).The cost of photography will be determined and processed through the Penn Museum Photographic Archives Department unless otherwise stated in the"Schedule of Fees." All other known costs will be stated in the attached "Schedule of Fees." c).Penn Museum will bill the Borrower for all loan costs stated in the attached"Schedule of Fees,"and any other costs advanced by Penn Museum relating to this loan. Payment is due no later than 30 days after receipt of the invoice. d).Borrower agrees to assume the service fees,if Borrower choose to wire the payment,both on the sending and receiving ends. In such a case,a flat fee of$50 for each transaction on the receiving end will be applied to the invoice. e).At Penn Museum's discretion,Borrower agrees to prepay a portion of estimated loan costs should the total amount exceed$5,000.00. The schedule of payment installments will be determined on a case-by-case basis. f).In the event that Borrower withdraws from the loan,Borrower is responsible for all costs(including administrative and out of pockets expenses)incurred by any previously agreed upon loan related preparation that has occurred for this loan. 3. EXHIBITION&CARE OF OBJECTS a).Borrower shall,at its own expense,provide adequate security and environmental conditions for the Loan Material. Borrower shall assign security guards to approved locations during the hours in which the Exhibition is open. Borrower must,as a security minimum during closed hours,have electronic surveillance systems that report to a central station manned twenty-four(24)hours a day. Borrower must get prior approval to use plants in the exhibition gallery. Food and drink shall not be permitted in the exhibition gallery. b).Borrower must provide secure and environmentally appropriate temporary space for storing the Loan Material during installation and deinstallation. If circumstances require Borrower to temporarily remove any object(s)from the exhibition, Borrower must notify Penn Museum Registrar's Office in advance of such removal. c). Borrower shall comply with any and all instructions (see "Special Terms and conditions" and under the attached "Schedule of Objects") provided by Penn Museum relating to the care and handling of the Loan Material. Loss or damage,whether in transit or on Borrower's premises,and regardless of who may be responsible,must be reported to the Penn Museum Registrar's Office at once and described in detail. Borrower may not clean, restore or alter any Loan Material or cause repair to be carried out on any damage to Loan Material without the explicit written approval of Penn Museum,except for stabilization required in case of emergency. Should such a situation arise,Borrower will notify Penn Museum immediately. d).Loan Material must be displayed in fully enclosed locked cases. Permission to display any objects outside of locked cases must be given in writing by Penn Museum Registrar's office. All case design drawings must be submitted to Penn Museum prior to exhibition. Designs must indicate whether Loan Material will be mounted on wall or deck,the distance from wall or deck,the case material and color. e).Borrower must provide stationed or patrolled guard(s)when the exhibition is open to the public and must have surveillance cameras and patrolled guard(s)when the exhibition is closed to the public. 4.LABELS&TEXT PANELS a.)All labels and text panels must prominently contain the legend,"Loaned by the University of Pennsylvania Museum of Archaeology and Anthropology,Philadelphia,U.S.A." b).Penn Museum shall provide on the attached"Schedule of Objects"basic object information including object name, dimensions,material,and provenience. To the best of the Penn Museum's knowledge,this information is accurate and should be used as the information source for the caption labels in the exhibit and in a catalogue. Any need or desire to alter the informational content of the caption labels must be approved in advance by the curatorial department of Penn Museum. In addition,any introductory text panels or information shall prominently include the University of Pennsylvania Museum of Archaeology and Anthropology as a major lender to the exhibition. 5.CONDITION REPORTS Penn Museum will provide condition reports with images for each object. Both Penn Museum and Borrower must verify and sign off on the condition of objects at the time of installation and deinstallaion as recorded in the condition reports. Any changes must be noted and dated by both parties. Penn Museum must be promptly notified in writing of any changes in object(s)condition. 6.PACKING a).Penn Museum shall pack the Loan Material for shipment to Borrower and Borrower shall reimburse Penn Museum the full cost of such packing. Borrower shall arrange and pay for all preparations necessary for reshipment of the Loan Material to Penn Museum. b).Penn Museum will provide packing and unpacking instructions. Borrower shall ensure that these instructions given by Penn Museum are followed explicitly by competent packers trained in museum object handling and that the Loan Material 5 LO-2016-14 1 6 2 5 are handled with special care at all times to protect against damage or deterioration. In preparing the Loan Material for return to Penn Museum,these objects will be packed in the same manner in which they were delivered to the Borrower. Any alteration to the packing materials must be approved in advance by Penn Museum. All packing and unpacking of loan material shall be done under the full supervision of the official representative(s)of Penn Museum,if present,whose instructions are to be followed precisely. Borrower shall exercise reasonable and professional care in the transporting, handling,displaying and safekeeping of the Loan Material. 7. SHIPPING&CUSTOMS a).Borrower shall arrange for the shipment of the Loan Material to and from Borrower and shall pay the cost of such transportation and any customs fees associated with the shipment. The transportation carrier and customs broker shall be selected by Borrower and approved in advance by Penn Museum. b).Air transportation must be via non-stop flights if available,or the most direct scheduled route available. Ground transportation must include exclusive-use(or most expedient),climate controlled,air-ride,licensed dual-driver,enclosed trucks. c).Borrower shall reimburse Penn Museum for any charge collected by a third party from Penn Museum in connection with the preparation,shipment and customs of the Loan Material. 8. COURIER a).A courier(s)from Penn Museum shall accompany the loan objects for supervision of the installation and deinstallation, including packing and unpacking,care and handling,presenting and securing,unless written notice is given to the contrary by Penn Museum. The courier(s)shall be chosen by Penn Museum and will act as official representative of Penn Museum. The total number of days required to oversee installation and deinstallation will be determined by Penn Museum based upon the number and disposition of the object(s)and the intended schedule of the Borrower. Penn Museum reserves the right to extend the stay of courier(s)if installation or deinstallation is not completed within the scheduled number of days. b).The Borrower is responsible for all costs incurred by the courier(s)including transportation,hotel,per diem and business-related communication. 9. REPRODUCTION AND PHOTOGRAPHY a).Penn Museum reserves for itself the right to copy,photograph or reproduce the Loan Material. Borrower shall not permit any of the Loan Material to be copied,photographed or reproduced without advance permission from Penn Museum. However,these restrictions include the production of two-and three-dimensional recreations,duplications and replicas of the Loan Material. Therefore,Borrower is prohibited from producing or causing to be produced any image or product for sale inspired by and/or in connection with the Loan Material without the prior written consent of Penn Museum. b).Borrower may cause the Loan Material to be photographed for curatorial,publicity,record and educational purposes, provided that such photographs are not released without Penn Museum's prior written consent and provided further that Penn Museum is supplied with a set of images. Penn Museum shall be entitled to ownership of the copyright to all photographs taken of any Loan Material and Borrower shall secure the appropriate assignment of rights for each photograph it takes or causes to be taken. c). Borrower must submit request for any required photography to Penn Museum Photographic Archives at a minimum 90 days in advance. d).Borrower is responsible for all reproduction and photography fees as set forth by Penn Museum Archives and Photo Studio. 10. CATALOGUE/PUBLICITY a).Any catalogue of,or publicity regarding,the Loan Material,shall contain prominent acknowledgment that the Loan Material are on loan from the University of Pennsylvania Museum of Archaeology and Anthropology,are reproduced with the permission of the University of Pennsylvania Museum of Archaeology and Anthropology,by which all rights are reserved. Further,any alteration to the approved catalogue or publicity information as provided by Penn Museum may not be carried out without first seeking the approval of Penn Museum. Borrower must submit request to Penn Museum for any additional written materials such as essays or catalogue articles. Additional materials will be subject to special terms as determined by Penn Museum. b).Borrower shall,at its own expense,furnish Penn Museum with five(5)copies of any exhibition catalogue(s)or scholarly publication(s)in which reference to the Loan Material has been made. Copies of publicity releases and other similar matter relating to the Loan Material shall be forwarded to Penn Museum promptly. At the end of the loan period, Borrower shall forward promptly to Penn Museum attendance figures for the exhibit. 11. RECALL/CANCELLATION a).Penn Museum shall have the right at any time within the loan period to recall from Borrower any or all of the Loan 6 LO-2016-14 16025 Material,provided that Borrower is notified by Penn Museum of the intent to withdraw in writing at least thirty(30)days before the proposed withdrawal.Borrower shall be entitled to the good knowledge of the cause to withdraw.Borrower shall promptly comply with all packing and shipping instructions given by Penn Museum in the course of such withdrawal. Penn Museum shall subsequently reimburse Borrower for its costs and expenses of packing and shipping incurred by this withdrawal. b).If either party defaults in the performance of a material provision of this Agreement and such default is not cured within thirty(30)days after receipt of a notice of such default from the other party,the non-defaulting party,at its option,may terminate this Agreement effective on the date of delivering notice of termination. Penn Museum reserves the right to terminate this Agreement immediately,if it determines in good faith that any of the Loan Material is at substantial risk. 12. ADDITIONAL TERMS a).This Agreement shall not be construed to confer upon Borrower or any third party any ownership rights to any of the Loan Material. b).This Agreement shall inure to the benefit of and be binding upon the successors of each of the parties. This Agreement may not be assigned by either party without the prior written consent of the other. c).This Agreement,written in English,together with all written special instructions accompanying the exhibition,is intended by the parties as a fmal expression of their agreement and is a complete and exclusive statement of the agreement and understanding of the parties. This Agreement,in combination with the Special Terms and Conditions and accompanying exhibits and instructions,supersedes all prior agreements and understandings between the parties with respect to the subject matter contained herein. d).In any action or proceeding brought to enforce any provision of this Agreement,or where any provision hereof is validly asserted as a defense,the successful party shall be entitled to recover reasonable attorneys' fees in addition to any other available remedy. e).In the event that any one or more of the provisions contained herein,or the application thereof in any circumstances,is held invalid,illegal or unenforceable in any respect for any reason,the validity,legality and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired or affected,it being intended that all of the rights and privileges contained herein shall be enforceable to the fullest extent permitted by law. f).This Agreement may be executed in several counterparts and all counterparts shall constitute one and the same instrument. g).The authorized representative of the borrowing institution certifies that Borrower's policies and procedures conform to the spirit of the UNESCO Convention. h).This Agreement constitutes the entire understanding between the parties and may not be modified except in writing and signed by the parties. i).This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania notwithstanding any conflict of law provision to the contrary. IN WITNESS WHEREOF,the parties have set their hands and seals on the day and year first written above. The Trustees of the University Collier County Museum Division Marco Island Historical Society of Pennsylvania acting through Naples, L Marco Island,FL Penn Museum,Philadelphia,PA BY _D �.�.,.,.� � •�� BY - .t r � • 1L. Dr.Julian Siggers,the Willi erector DATE: -7—/t 3 4 17 DATE: Ck\-z_fADATE: ?(2`f f zo i'7 Approved as to form and tegality ATTEST: DWIGHT E.BROCK,CLERK Jeffrey A. Klatzkow,County Attorney ' A, �" ' - __ �'Q` dY .i A ' Attest as to hai A � ' signature only. LO-2016-14 1 6 0 2 5 Penn Museum UNIVERSITY of PENNSYLVANIA MUSEUM of ARCHAEOLOGY and ANTHROPOLOGY 3260 SOUTH STREET,PHILADELPHIA, PA 19104 REGISTRAR'S OFFICE,TEL(215)746-6975 Schedule of Objects Loan Number LO-2016-14 SPECIAL CONDITIONS: Loan Material must be displayed in enclosed,locked display cases. See"Exhibition"under "Special Terms and Conditions"for more specific display information. ENVIRONMENT: H2: Sensitive materials. Our minimum requirements are a relative humidity not exceeding 65%,and preferably not below 40%. The space must not be susceptible to abrupt changes in relative humidity. Temperatures should also be kept relatively constant to stabilize the RH. Llb: Very sensitive. Illuminance must not exceed 100 Lux(10 footcandles)on any part of the object. The proportion of ultraviolet in light should not exceed 75 microwatts/lumen. L3:Non-sensitive. Stable to light at normal viewing levels. 1. Accession Number 40713 Object Spoon-Bill Man Mask Provenience Key Marco, Florida Date ca. 1400 CE Material Wood,Pigment Source William Pepper Florida Expedition, Collected by Frank Hamilton Cushing, 1897 Measurements 19.6 cm L x 14.4 cm W x 5 cm Deep Insurance Value $250,000.00 Environment H2,Llb - Display Mount may be needed for design reasons 2. Accession Number 40715 Object Sea Turtle Figure Provenience Key Marco, Florida Date ca. 1400 CE r Material Wood,Pigment • Source William Pepper Florida Expedition, Collected by Frank Hamilton Cushing, 1897 j Measurements 10 cm H x 16.8 cm L x 8.4 cm W ��yfe m e f�f rr Insurance Value $250,000.00 C x n e s Environment H2,L lb Display Mount required 3. Accession Number 40718A Object Alligator Head Figure(Top Half) i �•- Provenience Key Marco, Florida , Date ca. 1400 CE Material Wood,Pigment Source William Pepper Florida Expedition, Collected by Frank Hamilton Cushing, 1897 Yeti ■�� Measurements 7 cm H x 25 cm L x 10 cm W • • rs Insurance Value $125,000.00 Environment H2,Llb Display Mount may be needed for design reasons; cannot be stacked with 40718B 8 LO-2016-14 1 6 0 2 5 4. Accession Number 40718B Object Alligator Head Figure(Jaw) Provenience Key Marco,Florida Date ca. 1400 CE Material Wood,Pigment Source William Pepper Florida Expedition, �'' Collected by Frank Hamilton Cushing, 1897ffN_�xx� Measurements 4.8 cm H x 24.7 cm L x 10.5 cm W r�rWi'� Insurance Value $125,000.00 Environment H2,Llb Display Mount may be needed for design reasons; cannot be stacked with 40718A 5. Accession Number 40796 3 Object Shell Provenience Key Marco,Florida Date ca. 1400 CE ' X Material Sun shell;Pigment t•� Source William Pepper Florida Expedition, (Ii h Collected by Frank Hamilton Cushing, 1897 '`,'d l' Measurements 9.4 cm L x 4.7 cm W x 1.3 cm Deep Insurance Value $250,000.00 Environment H2,L3 Display Mount may be needed for design reasons 9