Agenda 05/11/2021 Item #16D 3 (Marco Island Historical Museum Loan Agreement)05/11/2021
EXECUTIVE SUMMARY
Recommendation to approve a loan agreement with the University of Pennsylvania Museum of
Archaeology and Anthropology allowing the Collier County Museums and the Marco Island
Historical Society to borrow sixteen artifacts from the 1896 Pepper-Hearst Archaeological
Expedition for display at the Marco Island Historical Museum.
OBJECTIVE: To refresh the ancillary items on display with the world-famous Key Marco Cat at the
Marco Island Historical Museum.
CONSIDERATIONS: The exhibit, “Paradise Found: 6,000 Years of People on Marco Island,” has been
a transformative event for the Marco Island Historical Museum (MIHM) and the community it serves.
The average annual visitation to the MIHM between 2014 and 2018 was 18,373 visitors. In 2019, the
museum welcomed 35,783 visitors, an annual record and increase of 95% over the previous five -year
average. The museum also recorded its four highest months for visitation ever in 2019. In 2014, the
Marco Island Historical Museum was outside the top ten of TripAdvisor’s “things to do on Marco Island”
- today, it is number one. The USA Today’s “10Best” for 2019 listed the Marco Island Historical
Museum as the number one “thing to do” on Marco Island.
The loans have also brought the MIHM unprecedented cachet and media coverage. Thanks to the loans,
the MIHM has been mentioned in all major Lee and Collier county print publications, as well as in
numerous national publications, including Smithsonian, Forbes, USA Today, Archaeology, American
Archaeology (cover story), Anthropology News, Boston Globe, First American Art, and others. It was also
featured on the NPR radio program Gulf Coast Live and the statewide PBS television program How To
Do Florida. The Florida Anthropology Society highlighted the exhibition on its annual Florida
Archaeology Month poster, which featured the Key Marco Cat. The MIHM was awarded the 2019
Museum Excellence Award from the Florida Association of Museum for its efforts in bringing these loans
- and their accompanying exhibition - to fruition.
On November 10, 2020, the Board approved an extension to the loan agreement with the Smithsonian
Institution’s National Museum of Natural History allowing the Collier County Museums and the Marco
Island Historical Society to borrow the Key Marco Cat for display at the Marco Island Historical Museum
until 2026 (Agenda item 16.D.5). The Key Marco Cat is a renowned work and the centerpiece of the
exhibit. However, to keep the exhibit fresh, the four objects from the University of Pennsylvania currently
on display will be returned and different ones put on display. Among the attached schedule of objects,
thirteen will be on display from June 2021 until April 2024, and three will be rotated through, displayed
for one year each. The three objects that will be on rotation are some of the more iconic from the Pepper-
Hearst Expedition: the pelican head, the deer head, and the wolf head. These should draw renewed
interest with when each new item becomes available to view. The general terms of the new loan are the
same as for the previous objects borrowed from the University of Pennsylvania.
The Board-approved Memorandum of Understanding specific to the exhibition project outlines each
organization’s roles and responsibilities in hosting the exhibition. In general, the Museum Division has
assumed responsibility for site security and costs related to insurance and crating and shipping. The
Marco Island Historical Society has assumed responsibility for mount making and case modifications,
environmental monitoring and reporting, upgrades to the interpretive aspects of existing exhibits, and
miscellaneous other costs. The term of the agreement extends through 30 days after the satisfactory return
of the artifacts to the lending institutions.
FISCAL IMPACT: In preparation for the exhibit (which opened in January 2019), the Museum Division
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invested approximately $350,000 in the MIHM for security surveillance systems and the installation of a
back-up generator. Operating expenses associated with providing insurance coverage and manned
security are approximately $60,000 annually. The Marco Island Historical Society invested over $250,000
in permanent facility upgrades for this exhibit, and will continue to invest operating expenses in enhanced
marketing and exhibit refinements for the new pieces being brought in.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval.-SAA
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
RECOMMENDATION: To approve a loan agreement with the University of Pennsylvania Museum of
Archaeology and Anthropology allowing the Collier County Museums and the Marco Island Historical
Society to borrow sixteen artifacts from the 1896 Pepper-Hearst Archaeological Expedition for display at
the Marco Island Historical Museum.
Prepared By: Amanda Townsend, Director, Museum Division
ATTACHMENT(S)
1. UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (PDF)
2. MOU fully executed (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 15572
Item Summary: Recommendation to approve a loan agreement with the University of
Pennsylvania Museum of Archaeology and Anthropology allowing the Collier County Museums and the
Marco Island Historical Society to borrow sixteen (16) artifacts from the 1896 Pepper -Hearst
Archaeological Expedition for display at the Marco Island Historical Museum.
Meeting Date: 05/11/2021
Prepared by:
Title: – Museum
Name: Lorna Jervis
04/09/2021 3:44 PM
Submitted by:
Title: Division Director - MuseumOperations Support – Museum
Name: Amanda O. Townsend
04/09/2021 3:44 PM
Approved By:
Review:
Museum Amanda O. Townsend Additional Reviewer Completed 04/09/2021 3:50 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 04/14/2021 8:36 AM
Public Services Department Todd Henry Public Services Deapartment Completed 04/14/2021 10:18 AM
Growth Management Department James C French PSD Dept Head Review Completed 04/21/2021 4:14 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/23/2021 2:47 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/23/2021 2:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2021 12:38 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 04/28/2021 5:43 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/02/2021 12:26 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
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P E N N fu .,,,,,,$*"*$ U S E U M
Universlty of Pennsylvonlo Museum
of Archoeology ond Anthropology
Registrar's Office
LOAN AGREEMENT
LO-2020-3
3260 South St.
Philadelphia, PA I 9l 04
tel: 215-7 46-697 5
Loan Summarv
Borrower/O rgan ization :
Collier County Museum Division Marco Island Historical Society
3331 TamiamiTrail East 180 S. Heathwood Drive
Naples, FL 34112-4901 Marco Island, FL34l45-5028
Director: Amanda O. Townsend, Collier County Museum Division
Contact: Austin J. Bell, Curator of Collections, Marco Island Historical Society
Phone: (239)389-6447
E-mai I : curator@themihs.org
Exhibition Title: Parodise Found: 6,000 Years of People on Marco Island
Loan Period: June l, 2021-April 30, 2024
Venue(s) and Exhibition Dates: Marco Island Historical Museum (June 2021-April2024)
Objects: American Section Objects (see attached "Schedule of Objects")
Total Insurance Value: Rotation 1: $3,825,000.00 USD
Rotation 2: $3,725,000.00 USD
Rotation 3: $3,825,000.00 USD
Lender:
University of Pennsylvania Museum of Archaeology and Anthropology
3260 South Street
Philadelphia, PA 19104
Head of Collections: Dr. Stephen J. Tinney, Deputy Director
Contact: Allison Mclaughlin, Associate Registrar
Phone: (215) 573-9635
Emai I : ammcl@upenn.edu
LOAN AGREEMENT
Special Terms and Conditions
THIS AGREEMENT made on April 6th. 2021 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 the Collier County Museum Division, Naples, Florida and Marco Island Historical Society, Marco
Island, Florida (Borrower).
Penn Museum agrees to loan Borrower the items listed in the auached Schedule of Objects (the "Loan Material") for
exhibition with a loan period from June l, 2021 to April 30, 2024. 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
{o
w"
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between these "Special Terms and Conditions" and the "standard Terms and Conditions", these "special Terms and
Conditions" shall take precedence.
I. INSURANCE
a). Borrower agrees to 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). Bonower 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:
$5,800.00 Loan Fee
$2,100.00 Conservation Fee
$1,395.00 Mount Making (estimate provided by Penn Museum Mountmaker)
$1,462.00 Courier Expenses (initial estimate for install, two rotations, and deinstall)
$5,096.00 Packing & Crating (estimate provided by Atelier Art Services, Inc.)
b). Bonower 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 notifo the Borrower if any such costs are incuned.
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). Any method of displaying Loan Material, other than sitting flat on the deck, requires prior written approval from the
Penn Museum. Borrower must use mounts fabricated by Penn Museum's designated mount maker for objects as indicated
in the attached "Schedule of Objects."
c). All case design drawings for the Loan Material must be approved in advance by the Penn Museum. Submitted design
drawings should specifo 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
estimate for packing and crating is provided under the Costs & Payments section on page 2 of this Agreement.
b). Bonower 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 retum shipment of the Loan Material.
5. SHIPPING
a). Penn Museum will release the Loan Material for shipment to the Borrower on or after June lr202l.
b). In consultation with the Penn Museum's Associate Registrar, Borrower will coordinate, select the transportation carrier,
and arrange for the shipment of the Loan Material to the Bonowing institution's venue and all subsequent venues.
Bonower will pay the cost of such transportation.
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c)' If the lnan Material is traveling by air, it must.be via noa-stiop flighrs, or the most direct scheduled mute avaitable.d)' Ground transportation must be via a fine arts shippr witt airlridi Ju.l-o*u"., enclosed, climate-controlled andexclusive-usc trucks" u{as other anrrngements
"re
maa* via written permission from the penn Museum.e)' storage of the Loan Matcrial at another venu$ must be approved in adroance by the penn Muscum. Borrower mustsubmit facility reports to the Penn Museum Registrar's officb in advance and send a collections staffmembsr toa:rcSmpany the shipmerrt to each venue and/or storage facility.g)' Borrower will coordinate return shipment with th. pe* Iiluseum's Associate Registrm at least one month prior to theclose ofthe exhibition' The l-oan Material must be returnd to the Penn Museum be6re the loan end date, April 3orl0z4.
6. COURINR
a)' Penn Museum will send a.courier to-supervise the Loan Material for installation, object rotations, and deinstallarion,including packing and unpacking. condition reporting, and assistint *itt inrtaUation ,nO dcinstallation. If ir is not possibleto send an in-person courier at the schedulEd time of shipment dueL state or local mandates, univensity of pennsylvaniabusiness travel restrictions, and/or individual concems about covlD-lg, the penn Muscum ,"****, the right to postponeand-reschedule shipment and installstion/deinstallation. in consultarion witf, Bormwer.b)' Penn Museum reserves the right to send a courier to accompany ttr" rttiprn*t of the Loan Material during transit to eachvenue, and also tro oversee the loading and unloading ofthe Loan lrrtaterial al all pre-approved storage facilities.c)' when the courier accompanies the Loan Materiaiby air, Borrower *rst p*oia" business class seating ofl the sameflight as the lnan Material.
d)' If anobject is being transported by air via had-carry, Borrower must purchase two adjacent business clasr seats, one forthe courie'r md one for the objecf and make ut*ngrmlnt for a security
"r"ort ut all departurc, transfer, and arrival airports.
f']orywerwill arrange md be respoosible for the cost of a hotel .** *t** to the exhibition venue for the courier.0' Thc Bormwer agrees t'o be responsible for all courier-related costs including mnsportation, hot"t, per diem, and anybusiness-related commrmication. The courier will receive upon hi#her/their arrjval a cash or cash equivalent per 4iern,according to the currsnt rate posted on the uS General Services Aclministration'r *rurit" ro, N;;1"-, Florida in that year.Ground transporhtion to.and from airports, train stations, andlor hotels. including rentai cars, is not included in the perdiem and will be covered by the Bormwer.
7. PHOTOGRAPHY
a)' If needcd, Borrower must submit photography requests to thc Penn Museum photographic Archives(?hritnil'fu'rlqfinfilu;ieul.s-{xr"g)- If new photograptry is needed, please make this request ui l"*t 3 months in advance of thephotography deadline.
b)' Borrowel shall provide inforrration such as desired orientation, close-ups" and background color to the penn Mussurn,sPioto Archives Departrnent before the photography takes place.
c)' The Penn Museum's Photo Archives Depardlent witt tritt Bonower separately for the cost of phorography.
8. CATAI,OGUE
a)' If an exhibition catalogue or brochureis to be pro<tuced" Borrower shatl, at its own expense, fumish penn Museum withfive (5) copies. Bonower is responsible for the shipment ;f these catalogues to tbe penn Museum,s Associate Registrar atthe contact address stated in this document.
IN WITNESS WIIEREOF, the partics have set their hands and seals on the day and year first rvrinen above.
The Trustees of the Unlver$ity
of Pennsylvanin ncting through
Pcnn lUuseum, Phildelphin, PA
BY
Dr. litephsn J. Tinney, t]eputy Director, on
behalf of Dr. Christopher Woods, Willianrs Director
DATE:
Colller County Museum Division
Nnples, FL
Marco Islsnd Hi*torical Society
Illarco Island, rL
BY
DATE:t\\sr\
Approved as to form and legality
ATTEST
CRYSTAL K. KINZEI, CT"ERT(
3lr2
6^\(J
BY:
DATE:
Assistant County Attorney ffiu
I
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LOAN AGREEMENT
Standard Terms and Conditions
THIS AGREEMENT made on April 6'h.2021 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 and Marco Island Historical Society, Naples, Florida (Borrower).
Penn Museum agrees to loan Borrowerthe items listed in the attached Schedule of Objects (the "Loan Material") for
exhibition with a loan period from June 1,2021 to April 30,2024. 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+o-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
premisesofPennMuseum. Eachcertificateofinsurancemustindicatetheamountandtypeofinsurance,specif all named
insured and confirm that no policy reflected thereon shall be cancelled without notice to Penn Museum at least thirfy (30)
days prior to the proposed date ofcancellation.
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 Borrower fails to return the Loan Material to Penn Museum, Borrower shall compensate Penn
Museum for the full value of all Loan Material not returned. If Borrower returns the Loan Material to Penn Museum, but
fails to do so in accordance with the specified schedule, Borrower shall indemnify Penn Museum for any losses, costs,
damages or expenses incurred by Penn Museum as a result of the late return. It is provided, however, that Borrower shall
have no such obligation for losses, costs, damages or expenses resulting from a delay in returning the Loan
Material by reason of events which are outside of Borrower's control, including but not limited to acts of God, war,
invasion, hostilities, rebellion, insurrection, riot, civil commotion, nuclear damage, flood, vandalism or earthquake.
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 retums 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 dollarvalue 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:
o Loan and/or administration fees
o 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
o 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
o Engineering expenses
r Packing and crating building expenses
o Shipping and customs/CITES expenses
ffi,
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o Courier expenses including travel, lodging, and per diemo Expenses associated with the retum and reinstallation ofobjects such as handling fees and crate disposal feeo 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). Bonower 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 ofpockets expenses) incurred by any previously agreed upon loan related preparation that has occurred for this loan.
3. EXHIBITION & CARE OF OBJECTS
a). Bonower 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,
Bonower 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,exceptforstabilizationrequiredincaseofemergency. Shouldsuchasituationarise,Borrowerwill notifoPenn
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 offon 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.
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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
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 numberof 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 reseryes 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). Bonower 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.
IO. 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 canied 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'
t#{c-l:lr
6lt2
16.D.3.a
Packet Pg. 624 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
LO-2020-3
1 T. RECALI,JCANCf,,LLAIION
a)' Perm Museum shall have the right at any time within the loan period to recall frum Borrower any or all of the LoanMaterial, provided that Borrower is notificd by Pcnn Museum of
^the
intent to withdraw in writing st least thirty (30) daysbefore the proposd withdrawal Elorrower sfaU Ue entitled to the good knowledge of the cause to withdraw. Borrower shallpromptly comply with allpacking and lHpprog instmctions givsniy Penn Museum in the course of such withdrawal. penn
M119um shall subsequently reimLurse Bonow-er for its cost*Ld expenses of packing anJ;tdil incurred by thiswithdrawal.
b)' If either party defaults in the performance of a material provision of this Agreemelt flnd zuch deftult is not cured withinthirty (30) days after receipt of a notice of such defaulr from the.other parr{, th! non-defaulting party, at its option, mayterminate this Agreement effective on the date of delivering notice of iermination. psnn Mu;u;rcs€rves the right toterminate this Agreement immediately, if it determines in foad faith that any of the L,oan Material is at substantial risk.
12. ,ADDITIONAL TERMS
a)' This Agreernent shall not be consfucd to confer upon Borrower or any third party any ownership righrs to any oftheLoan Material.
b)' This Agreement shall imrre to the benefit of and be binding upon the successors ofeach of the parties. This Agreementmay rot be assigued by either party without the prior written iorxent of the other.
c)' This AgrBement, written in English, together with all written special instnrctions accompanying the exhibition, isintended by thc parties as a final expression of their agreement and is a complete and exclusive staLment of thc ogreementand underslanding of the parties. This Agreement, in combination with the Special Terms and Conditions andaccompanying cxhibits and instructions. supersedes all prior agreements and understandings between the parti€s withrespect to the subject matter contained herein.
d)' In any action or proceeding brought to enforce any prorrision of this Agreemenf or where any provision hereof is validlyasseded as a defense, the sucsessful party shall be entitled to rrcover reasinable attorneys' fees in addition to any otheravailable rcmedy.
e)'.In ttre event that any one-or morc of ttre provisions contained herein, or the application thereof in any circumstances, isheld invali4 illegal or unenforceable i1 anyrespect for my reason, the validity,i"grrrry and enforceauiiity of any such"provision in every other respect and of the remaining provisions hereof shall not Ui in any way impaired or affected, itbeing intended thar all of the rights and privileges contained herein shall be enforceable ro the fullesr extent permitted byIaw.
f). This Agreement may be executed in several counterparG and all counterparts shall comstitute one and tbe same
instnrment.
q)" Ttg-autforized representative of the borrowing institution certifies that Borrower's policies and pmcedurcs conform to
the spirit of the UNESCO Convention.
h). this Agrcement constitutes the entire understanding between the parties and may not bG modified except in writing and
signed by the parties.
!. Thi. Agreement shall be governed by the laws of the Commonwcalth of Pennsylvania notwithstanding any conflict nf
law provision to the contrary.
IN WITNESS WIIEREOF, the parties havc set their hands and seals on the day and year first writtcn above.
The Trustsss of the Unlver$ify
of Pennsylvenie acting through
Penn illuseurn" Philadelphiao PA
BY
flr" $tephen J. Tinney,, Deputy Director, on
behalf of Dr. Christopher Woods" Williams Director
DATH:
Collier County Museum flivision
Naples, FL
* Gd3l
DArE: A\ar \ao+ \
Approved as to form and legality
Mnrco Island Hirtorical $ociety
Flnrco Islando FL
7il}
BY
ATTEST
CRYSTAL K. KIN ZEL,CLERK
BY
DAl'E:
Assisant County Attorney
t\
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fc
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16.D.3.a
Packet Pg. 625 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
LO-2020-3
PENN$.** *'$USEUM
University of Pennsylvonio Museum
of Archoeology ond Anthropology
3260 SOUTH STREET, PHILADELPHIA, PA I9I 04
REGISTRAR',S OFFICE, TEL (215) 573-9635
Schedule of Objects
LO-2020-3
LOAN PERIOD:June 1,2021-April 30,2024 (Objects #l-113)
I , June 2021-Jun e 2022 (#14)
2, lune 2022-June 2023 (# l5)
3, June 2022-April 2024 (# 16)
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 650/o, and preferably not below
40o/o. The space must not be susceptible to abrupt changes in relative humidity. Temperatures should also be kept relatively
constant to stabilize the RH.
L2: Moderately light sensitive. Illuminance should not exceed 150 Lux (15 footcandles). The proportion of ultraviolet in
light should not exceed 75 microwatts/lumen.
L3: Not light sensitive. Stable to light at normal viewing levels.
1 Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
40416
Adze Haft
700- l s60 cE
Deer Antler, Wood, Plant Material
6.9 (L) x2.2 (W) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$3 5,000.
Yes
H2,L2
I hour
2.Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
40440
Knife Handle
700- 1 s60 cE
Antler (?)
10.6 (L) x 3 (w) x 2 (D) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$40,000.
Yes
H2,L2
None required
3 Accession Number
Object Name
Date
Material
Dimensions
Provenience
40609A
Atlatl
700- 1560 cE
Wood
43.8 (L) x 6 (W) cm
Key Marco, Florida
Full Period:
Rotations:
8lt2
16.D.3.a
Packet Pg. 626 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
LO-2020-3
Source
Value
Mount
Environment
Conservation
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$600,000.
Yes
H2,L2
I .5 hours
4.Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
40634A
Prong
700- 1s60 cE
Antler
25.6 (L) x 1.5 (W) x I (D) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushin g, 1897
$3 5,000.
Yes
H2,L2
I hour
5 Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
4080 l
Net Gauge
700-1 560 CE
Torloise shell
5.1 cm (L) x 5.3 cm (W)
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$500,000.
Yes
H2,L2
Not needed
6 Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
40876A&B
Hair pins (2 sections)
700- r 560 cE
Antler
A: 14.7 (L) x .6 (w) x .6 (D) cm
B: 11.4 (L) x .7 (w) x .5 (D) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$3 0,000.
Yes
H2,L2
I .5 hours
9l12
16.D.3.a
Packet Pg. 627 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
LO-2020-3
7 Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
4089 r
Gorget
700- 1560 cE
Shell
l3 (L) x 12.3 (W) x 2.2 (D) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$600,000.00
Yes
H2,L2
I hour
Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
44914
Figurine
700- 1560 cE
Wood
ll (L)x4.8(W)x2(D)cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1 897
$600,000.
Yes
H2,L2
2 hours
9.Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
40917
Barracuda jaw
700- 1560 cE
Fish bone
5.5 (L) x t4.4 (W) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$5 0,000.
Yes
H2,L2
t hour
l0 Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
70-19-57
Spatula
700- l 560 cE
Shell
l0 (L) x 1.5 (W) cm
Key Marco, Florida
Exchange with Florida University, Collected
by Frank Hamilton Cushing
$3 5 ,000.
Yes
H2,L2
.5 hour
t0lt2
8
&\s
16.D.3.a
Packet Pg. 628 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
LO-2020-3
I l.Accession Number
Object Name
Date
Material
Dimensions
(LxWxD)
Provenience
Source
Value
Mount
Environment
Conservation
EP- 1897 -l-22.1--.6
Mold, feline figure (6 sections)
Object: 700-1560 CE
Mold 1897
Plaster
.l:8 x 10 x 7 cm
,2:18x10x5cm
.3:7.5x6x4cm
.4:ll.5x4x4cm
.5: 18 x 9 x 5 cm
.6:l8.5x10x4cm
.7: string
Penn Museum Casting Program
Original object: Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$ I 50,000.
No
H2,L3
2 hours
12.Accession Number
Object Name
Date
Material
Dimensions
Proven ience
Source
Value
Mount
Environment
Conservation
EP-1897- l -5
Plaster cast of bear mask helmet
Object: 700-1560 CE
Cast: 1897
Plaster
23 (H) x 19.4 (w) x 10.5 (D) cm
Penn Museum Casting Program
Original object: Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$ 100,000.
No
H2,L3
1.5 hrs
13.Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
EP-1897-l -l
Plaster cast of deer man god wood mask
Object: 700-1 560 CE
Cast: 1897
Plaster
25.8 (H) x 14,3 (W) x 8 cm (D)
Penn Museum Casting Program
Original object: Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$ 1 50,000.
No
H2,L3
.5 hrs.
ffo*.'
2
16.D.3.a
Packet Pg. 629 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
LO-2020-3
14 Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
Rotation
40700A-F
Carved figure head of wolf with ear and
shoulder attachments
700- 1 560 CE
Wood, Pigment
Orerall (est.): 35.5 (H) x27(W) x 15.25 (D)
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$900,000 usD
Yes, use existing mount, if possible
H2,L2
4 hours
I, approx. June I,2021-June2022
15.Accession Number
Object Name
Date
Material
Dimensions
Proven ience
Mount
Source
Value
Environment
Conservation
Rotation
40708
Figure
700- I 560 CE
Wood, Pigment
10,7 (L) x 6.1 (W) x 6.7 (D) cm
Key Marco, Florida
Yes, Use existing mount if possible.
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushing, 1897
$800,000 usD
H2,L2
1 .5 hours
2, approx. Jun e 2022-June 2023
16.Accession Number
Object Name
Date
Material
Dimensions
Provenience
Source
Value
Mount
Environment
Conservation
Rotation
40707 A-C
Figure head of deer with earpieces
700- 1 s60 cE
Wood, Pigment
Overall (est.):25.5 (H) x 19 (W) x
14 (D) cm
Key Marco, Florida
William Pepper Florida Expedition,
Collected by Frank Hamilton Cushin g, 1897
$900,000 usD
Yes, use existing mount, if possible
H2,L2
2 hours
3, approx. June 2023-April 30, 2024
6.(pr\
\
t2lt2
16.D.3.a
Packet Pg. 630 Attachment: UPenn 2021 to 2024 Loan Agreement_LO-2020-3_Marco Island_2021_Final (15572 : New UPenn 2021 to 2024 Loan Agreement)
16.D.3.bPacket Pg. 631Attachment: MOU fully executed (15572 : New UPenn 2021 to 2024 Loan Agreement)
16.D.3.bPacket Pg. 632Attachment: MOU fully executed (15572 : New UPenn 2021 to 2024 Loan Agreement)
16.D.3.bPacket Pg. 633Attachment: MOU fully executed (15572 : New UPenn 2021 to 2024 Loan Agreement)
16.D.3.bPacket Pg. 634Attachment: MOU fully executed (15572 : New UPenn 2021 to 2024 Loan Agreement)
16.D.3.bPacket Pg. 635Attachment: MOU fully executed (15572 : New UPenn 2021 to 2024 Loan Agreement)