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HomeMy WebLinkAboutResolution - 5299 - Approves & Adopts - Buddy Holly Meorabilia - Management Policies & Guidlines - 10_10_1996RESOLUTION NO. 5299 October 10, 1996 Item # 10 WHEREAS, the City of Lubbock has heretofore acquired the Buddy Holly memorabilia; and WHEREAS, the City of Lubbock received professional advice with regard to the care, preservation and display of such items of historical and social interest from Southwest Museums Services (SMS); and WHEREAS, SMS has recommended that policies and guidelines pertaining to the care, preservation and display of such items be adopted by the City of Lubbock; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to adopt Policies and Guidelines for the management of the Buddy Holly memorabilia and such other items of historical and social significance as the City may now possess or acquire in the future; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby approves and adopts the attached Policies and Guidelines for the management of the Buddy Holly memorabilia and other objects of historical or social significance that the City of Lubbock possesses or may acquire in the future, which Policies and Guidelines are attached hereto as Exhibit A and made a part of this Resolution as if copied herein in detail. Passed by the City Council this loth day of MAYOR PRO TEMPORE A Secretary '-'&olyh Aliamus, Did for of Culture and Leisure Services APPROVED AS TO F Ddhald G. Vandiver, First Assistant City Attorney dgv:gs\ccdocsMusres.res October 1, 1996 RESOLUTION NO. 5299 October 10, 1996 Item #10, i TABLE OF CONTENTS Acquisition of Objects .........................................page 2 Deaccessioning ...................:.....................page 3 Donations .........................................page 3 Loans.........................................page 3 Care of Collections .........................................page 5 Public Access ........................................page 5 Registration .........................................page 6 APPENDIX Access Request Form Permission to Publish Form Gift Form Accession Form Inquiry Form Incoming Loan Agreement A COLLECTIONS POLICY The City of Lubbock purchased 157 items of Buddy Holly memorabilia in 1994 for the purpose of preserving and protecting, in Lubbock, Texas, items unique to Buddy Holly's life and musical career. Plans are to create a permanent exhibit, based upon professional museum standards. With that goal in mind, a series of policies and guidelines have been developed for the professional management, care and presentation of the collection. "A collection management policy is a detailed written statement that explains what, why , and how a museum collects, and it articulates professional standards regarding objects left in its care. Collecting cannot be approached in a haphazard manner, it is at the core of a museum's educational mandate and must be carried on with a clear purpose and articulated guidelines.'' The Code of Ethics of the American Association of Museums states: "The distinctive character of museum ethics derives from the ownership, care, and use of objects, specimens, and living collections representing the world's natural and cultural wealth. This stewardship of collections entails the highest public trust and carries with it the presumption of rightful ownership, permanence, care, documentation, accessibility, and responsible disposal. Thus, the museum ensures that: • collections in its custody support its mission and public trust responsibilities • collections in its custody are protected, secure, unencumbered, cared for, and preserved • collections in its custody are accounted for and documented • access to the collections and related information is permitted and regulated • acquisition, disposal, and loan activities are conducted in a manner that respects the protection and preservation of natural and cultural resources and discourages illicit trade in such materials • acquisition, disposal, and loan activities conform to its mission and public trust responsibilities • disposal of collections through sale, trade, or research activities is solely for the advancement of the museum's mission, and use of proceeds from the sale of collection materials is restricted to the acquisition of collections • the unique and special nature of human remains and funerary and sacred objects is recognized as the basis of all decisions concerning such collections • collections -related activities promote the public good rather than individual financial gain.° We must remember that the care of the collections is the primary responsibility. The public trust imposes a high degree of responsibility, and the establishment of Collections Management Policy is crucial in recognizing and accepting those duties. The following recommended collection policy has been tailored to the specific needs of the Buddy Holly collection and our goal to develop a museum exhibit that meets the professional standards of the American Association of Museums. ' Malaro, Marie c., Museum Governance: Mission, Ethics, Policy, Smithsonian institution Press, Washington, D.C. and London-, 1994, p. 44. COLLECTION POLICY Buddy Holly Collection September 1996 I. Statement of Purpose: The purpose of the Buddy Holly Collection and permanent exhibit, a project of the City of Lubbock, is to serve as a repository for the collection, preservation and presentation of artifacts, archival materials, publications, photographs and other objects relevant to the life and career of Buddy Holly. A permanent exhibit, incorporating professional museum standards, will provide a variety of public educational opportunities that relate to the life of Buddy Holly and the influence of his musical style on entertainers from the late 1950's through the present. II. A Permanent Collection is composed of objects that, after review have been found to relate directly to the collection's purpose and are used only for exhibition and research. Ill. A Teaching Collection is composed of objects that are found to be duplicate or worn items that retain value for teaching. These objects may be handled by the general public and/or students in the course of exhibition and teaching programs, and are not accessioned to the permanent collection. IV. Acquisition of Objects A. " Accessioning is the formal process used to accept and record an item as a collection object.` A single accession is an object or group of objects acquired from a single source at a single time. B. The Manager of Cultural Arts Services and/or Curator have the authority to physically accept potential donations. C. Staff is responsible for maintaining adequate records consistent with standards set forth by the American Association of Museums. D. Criteria for acceptance or rejection of objects as part of the permanent collection: 1. Relevance to the Mission Statement 2. Nature of the object (is it so unusual that it presents an exceptional opportunity and thus should be given preferential consideration) 3. Cost of the object, if offered for sale (is a comparable object available by bequest) 4. Ability of the institution to store and care for the object 5. Potential for exhibit, interpretation and/or research 6. Satisfactory provenance of the object 7. Cost of conservation, maintenance, and/or storage of the object Po6 and ptseirm E. Gifts and donations are accepted unconditionally unless otherwise specified in the written gift agreement. V. Deaccessioning A. "Deaccessioning is the process used to remove permanently an object from the collection. The definition presupposes that the object in question once was accessioned.' B. Staff will be responsible for maintaining adequate records consistent with standards set by the American Association of Museums. C. An object may be removed from the collection for any one of the following reasons: 1. Object is not relevant to the Mission Statement 2. Object has deteriorated beyond usefulness 3. Inability to care for the object D. Deaccessioned objects may be disposed of in any of the following methods (listed in order of preference): 1. Transfer to the education program for use in "hands-on" programs, if appropriate 2. Exchange with another non-profit institution with similar purpose 3. Sale to another non-profit educational institution with similar purpose 4. Sale to the general public through an approved dealer 5. Destruction of the object E. Notation in the accession file will state the reason for deaccession and the method and date of disposal. VI. Other Donations A. The Department of Cultural Arts Services may accept other donations for use in educational programs, office, kitchen, building, etc. These items are not of historical value, are duplicate or are reproductions. These items are not to be accessioned into the collection but are catalogued in a separate file. VII. Loans A. Out -going Loans 1. Loans from the collection to other institutions will not be made. B. In -coming Loans 1. Loans of objects shall be accepted to fill the immediate interpretive needs. Loans may also be accepted when they are of significant historical value Buddy HcOy CoNection 3 Policies and guldWries and will be used for study and/or reproduction. 2. A loan agreement must be signed by the City Manager or his designee and the lender at the time of receipt and return of the loan. 3. Loans must be for a specified period of time. Except in special circumstances, loans will not exceed one (1) year. 4. Prior written notice of at least two (2) weeks must be given by the lender if helshe wishes to withdraw the loan before the end of the loan period. 5. Loans may be returned to the lender without prior notice upon recommendation of the Manager of Cultural Arts Services. 6. No one other than the lender of the object or collection may take possession of the loaned object or collection upon the completion of a loan. 7. If persons who loan materials to the museum die prior to the intended return date of the loaned object(s), the executor or trustee of the lender's estate shall be recognized as the only authority entitled to represent the lender's interest. Under no circumstances shall an item be given or transferred to any heirs other than the executor of the deceased person's estate. 8. It is necessary to carefully assess the requirements of any and every loan in light of any special restrictions to determine if the Department of Cultural Arts Services is able to store, conserve, and insure the offered artifact. Acceptance of artifacts that require excessive insurance and/or facilities and materials not included in the annual budget require approval of the City Council. C. Objects left in custody of the Department of Cultural Arts Services 1. Items may be placed in custody of the Department of Cultural Arts Services for purposes of identification, study, photography, or consideration to accept the object as a donation or loan for a period of no longer than ninety (90) days. 2. The Manager of Cultural Arts Services is responsible for providing a signed receipt to the owner stating the length of time the object will remain in the museum's custody and the projected use of the object. 3. According to the Texas Property Code (1987)(Chapter 80), unless there is a written unexpired loan agreement to the contrary, any property on loan for fifteen (15) years or more to which no person has made claim according to records is considered abandoned and becomes the property of the City of Lubbock. Notice must be given to the lender of its intentions by mailing such notice to the lender's address, return receipt requested, or if the address of the lender is unknown by publication at least once a week for two consecutive weeks in a newspaper of general circulation in the SuWY H04 4 Policies and gL*kgnes county in which the museum is located. The notice must contain, if known, the lender's name, address, and telephone number of the appropriate office or official to be contacted at the Department of Cultural Arts Services for information regarding the loan. Sixty-five days must pass without a claim from the date of last publication date before title vests in the museum. 4. The Department of Cultural Arts Services may initiate the termination of an indefinite loan or a loan for more than seven years by giving the lender notice (registered mail). If the lender fails to establish ownership and make provisions to reclaim the property within sixty-five days of the date of the notice, the property vests in the City of Lubbock. (The lender has two years in which to question such a donation.) Vill. Care of Collections A. Staff must at all times be aware of their responsibilities to protect and preserve the collections. B. A complete inventory to document and monitor the collections shall be conducted at least every five (5) years as a security device. Spot inventory checks will be conducted by staff. No collection item should leave its assigned collecting unit (as identified in the inventory records) unless a written record of such movement is made and filed by staff. C. The Manager of Cultural Arts Services shall be responsible for monitoring the effectiveness of installed security systems for the protection of the collections. In case of theft, photographs and all pertinent information will be provided to proper law enforcement agents to assist in recovery. D. It is the responsibility of the Manager of Cultural Arts Services to develop written procedures to be followed in case of fire, flood, and natural disaster. The Manager of Cultural Arts Services is also responsible for making these procedures part of the orientation process for both paid and non -paid staff. E. When an object becomes part of the collection its preservation, in keeping with professionally accepted standards, becomes the responsibility of the Manager of Cultural Arts Services in consultation with the curatorial staff and appropriate professional consultants F. Conservation work on objects on loan to the Department of Cultural Arts Services, or otherwise in its custody, should not be undertaken without a written agreement with the lender regarding the nature of the work to be done, the responsibilities assumed and insurance provisions. IX. Public Access to Collections and Records According to Museum Ethics: A Report to the American Association of Museums by its Committee on Ethics (1978), "Although the public must have reasonable access to the Buddy H(*y CdWcWn S Pdidm and guWle rm collections on a nondiscriminatory basis, museums assume as a primary responsibility the safeguarding of their materials and therefore may regulate access to them. The judgment and recommendation of professional staff members regarding the use of the collections must be given utmost consideration. In formulating a recommendation the staff member must let their judgment be guided by two primary objectives: the continued physical integrity and safety of the objects or collection, and high scholarly or educational purposes. - A. Because of the uncertain condition of artifacts in the Buddy Holly Collection, access to the collections will be restricted until such time as an evaluation and recommendation for treatment have been developed Request for access to reproductions of the collection can be made for research purposes. A request for photographs of the collections can be made for promotional purposes. B. The Department of Cultural Arts Services reserves the right for staff to monitor use or examination of collections. REGISTRATION Registration is the series of records by which the legal status of objects, for which there is permanent or temporary responsibility, is identified. "Good registration records normally include a descriptive catalog record as well as evidence of legal ownership or possession of all objects. These record systems should relate to objects by a unique number (for example, accession number, loan number) and current object locations. Records of accessioned objects should further reflect the prior history of ownership of each object and all activity of such object (loan, exhibit, restoration, deaccession). Records of objects on loan should reflect all activity of such objects. The Manager of Cultural Arts Services or his/her representatives is responsible for the timely completion of collection records, with a copy available for use at the Fine Arts Center and a separate copy stored outside the facility for security. When an item is offered, the Manager of Cultural Arts Services and/or Curator may take possession of a potential donation. An Inquiry Form should be available to be filled out by any other person who offers a donation. The form should be given to the Manager of Cultural Arts Services. A system of records computerization should be developed, instituted, and completed. Numbering Svstem for Accessloned Obiects 1. A tri-numeral system is to be used. 2. The first set of numbers refers to the year in which the artifact was added to the collection. 96 means the year 1996. 3. The second set of numbers denotes the accession for that particular year. 96.01 means the first item from a single accession in the year 1996. 4. The third set of numbers indicates how many items are included in the single accession. 96.01.1 means that the first single accession in 1996 had only Buddy i * C060CWn 6 Pdic*s and W*kgxs one object in it. 5. A letter following the last number indicates that the item had more than one part. If accession 1996.01.1a-c is a military uniform, the pieces would be numbered 1996.01.1a (jacket), 1996.01.1b (trousers), 1996.01.1c (hat). As we approach the turn of the century, much discussion is taking place concerning acceptable methods of discerning twentieth century accessions from twenty-first century accessions. It is generally accepted at this time that the four numerals, 42000,' be used as the first set of numbers (2000.01.1). Records to be kept on all Items accepted into the permanent collection 1. Deed of Gift: a formal agreement between a donor and the City of Lubbock transferring the title of the object. 2. Purchase order or receipt is appropriate (if purchased by City funds) 3. Accession Record: A description of the object and all known information about it, including a conservation assessment. 4. Photograph of the object, to be completed when accessioned. 5. Card and/or computer files for Object Category (item), Accession, Location, and Donor. Teaching Collection A separate but similar set of records is to be kept identifying objects accepted into the Teaching or Education Collection. These items are not to be accessioned into the permanent collection: alternate collection categories should be established. An abbreviation, ED (educational), as a prefix to a sequential number should be affixed to objects in this category, and records should be maintained separately from the accession records of the permanent collections. Even though these objects are not part of the permanent collections acquisition records must be maintained. If donated, a deed of gift must be completed; if purchased, a voucher or receipt must be kept. Buddy H01tY Collection 7 Policies and guidleines No Text BUDDY HOLLY COLLECTION Access Request Form THE ARTIFACTS, DOCUMENTS AND PHOTOGRAPHS THAT MAKE UP THE COLLECTION OF BUDDY HOLLY MEMORABILIA ARE NON-RENEWABLE RESOURCES AND THEIR CARE AND PRESERVATION MUST BE A PRIMARY CONCERN. THE CITY OF LUBBOCK IS DEDICATED TO THE HIGHEST ETHICAL STANDARDS IN THE INTERPRETATION AND CARE OF THE COLLECTION AND TO PROVIDNG REASONABLE PUBLIC ACCESS. Because of the lack of the appropriate means to exhibit and interpret the collection, access to the original artifacts and documents will be restricted. Request can be made for permission to reproduce images for publication for promotional purposes from photographic reproductions provided by the City of Lubbock, Department of Cultural Arts Services. NAME: Date: Organization and Address: FAX: Phone: What is the purpose of this request: Describe material you wish to see: PHOTOGRAPHING OR VIDEO TAPING OF ANY PART OF THE COLLECTION IS PROHIBITED, AND THE SALE OR PUBLICATION OF ANY PHOTOGRAPHS OR VIDEO TAPES OR OTHER REPRODUCTIONS OF ALL OR ANY PART OF THE COLLECTION 1S PROHIBITED BY LAW. understand that access to the collection must be approved. I also understand that access may be limited regarding fragile or otherwise sensitive material. I agree to handle all items in the manner instructed and to observe all security regulations. I agree to appropriately acknowledge, footnote, or credit, the City of Lubbock, Department of Cultural Arts Services for any information derived from the collection. Signature: Date: BUDDY HOLLY COLLECTION Contract for Permission to Publish for Promotional Purposes NAME: DATE: ADDRESS: PHONE: FAX: Subject to the attached conditions, I request authorization to publish in facsimile the following photographic reproductions of the Buddy Holly collection. The following credit line must be included as specified for each reproduction used: THIS MATERIAL IS FURNISHED FOR ONE TIME USE ONLY. PHOTOGRAPHS MAY NOT BE CROPPED. In authorizing the use of this material, the City of Lubbock does not surrender its own right to publish or to grant others the right to do so. Nor does this authorization remove the author's and publisher's responsibility to guard the infringement of the rights that may be held by others. I have read the conditions, both attached and above and I understand my responsibility. Signature: Date: Approved by: Date: D mwWw t d CuRu rW Arts Services 2600 Avenue P. Lubbock, Tans 79405 W6.767-2686; tic 806467-CM BUDDY HOLLY COLLECTION Considerations for Reproductions THE ARTIFACTS, DOCUMENTS AND PHOTOGRAPHS THAT MAKE UP THE COLLECTION OF BUDDY HOLLY MEMORABILIA ARE NON-RENEWABLE RESOURCES AND THEIR CARE AND PRESERVATION MUST BE A PRIMARY CONCERN. THE CITY OF LUBBOCK IS DEDICATED TO THE HIGHEST ETHICAL, STANDARDS IN THE INTERPRETATION AND CARE OF THE COLLECTION AND TO PROVIDNG REASONABLE PUBLIC ACCESS. Because of the lack of the appropriate means to exhibit and interpret the collection, access to the original artifacts and documents will be restricted. Request can be made for permission to reproduce images for publication for promotional purposes from photographic reproductions provided by the City of Lubbock, Department of Cultural Arts Services. 1. REQUESTS All request for permission to reproduce an image for promotional purposes must be made in writing and include the intended use, the publisher, and expected date of publication. 2. PERMISSION Permission to reproduce covers one-time use only, in one edition in and one language. Additional language editions, subsequent editions and any related promotional use must be considered as separate requests and will require a new written application. Exclusive rights are not granted to any publisher. 3. CROPPING The area within the white boarder of a photograph, including inscriptions may not be masked out or cut without prior consent 4. OVERPRINTING Reproductions may not be superimposed with type matter or in any way defaced or altered without prior consent. 5. CREDIT LINE The credit line must include City of Lubbock, Department of Cultural Arts Services unless specifically noted on contract otherwise. It must appear in an appropriate portion of the publication 6. PROOFS Proofs must be submitted and approved before printing may proceed. Failure to comply with the corrections indicated on the submitted proof may result in the withdrawal of approval. 7. GRATIS COPY The publisher is to provide the City of Lubbock with one complete copy of the publication in which the image is reproduced. IT IS EXPRESSLY FORBIDDEN TO USE ANY PHOTOGRAPH OR ITEM PROVIDED UNDER THIS AGREEMENT FOR THE CREATION AND DISTRIBUTION OF NOVELTY ITEMS DVaftent or CubxW Arts swAm 2600 Averum P,Lubbock Texas 79405 W6.767-26W; fax W6.767-0732 BUDDY HOLLY COLLECTION Gift Form DONOR NAMEIADDRESS/PHONE: By these presents, I (we) irrevocably and unconditionally give, transfer and assign to the Department of Cultural Arts Services for the City of Lubbock, by way of gift, all right, title, and interests (including all copyright, trademark and related interests), in, to and associated with the object(s) described below. I (we) affirm that I (we) own said objects and that to the best of my (our) knowledge I (we) have good and complete right, title and interest (including all transferred .copyright, trademark and related interests) to give. Transfer of Copyright: As the owner of the copyright to the works listed on the face of this document, I (we) hereby and in perpetuity unconditionally transfer to the Department of Cultural Arts Service for the City of Lubbock all rights or reproduction, adaptation, distribution, performance and display of the works. PHYSICAL DESCRIPTION OF OBJECT(S) OWNER'S KNOWLEDGE OF HISTORY OF OBJECT, INCLUDING PROVENANCE, MANUFACTURER OR ARTIST, ETC. I (we) wish that the gift be identified to the public and in the records as: GIFT OF: 1. SIGNATURE DATED 2. SIGNATURE DATED The Department of Cultural Arts Services hereby acknowledges receipt of the above. SIGNATURE DATED Attachments: Y D N O BUDDY HOLLY COLLECTION ACCESSION FORM Object name: Standard object name: Object group: Materials: Primary: Secondary: Date/range of object: Artist/Manufacturer: Place: Marks/Inscriptions: Object Description: Condition of object when catalogued: Object History and Provenance: Source: Comments: Catalogued by: Date: Accession number: Tagged: Y N Date: Numbered: Y N Date: BUDDY HOLLY COLLECTION INQUIRY FORM The following person has expressed a desire to donate an object(s) to the museum. NAME: ADDRESS: PHONE: Home: ( ) Work: ( ) DESCRIPTION OF OBJECT(S) DEPARTMENT OF CULTURAL ARTS SERVICES Incoming Loan Agreement DATE: Permanent Exhibition: O Special Exhibition: ❑ If loan is for special exhibition, title of exhibition: Lenders names: Address: Phone: Home: Work: Exact form of lender's name for exhibition label and catalogue: OBJECT DESCRIPTION VALUE include ate, material and =Wlibon Use additional sheets tr necessary INSURANCE (see conditions) Carried by: Waived HANDLING OR INSTALLATION INSTRUCTIONS: SHIPPING INSTRUCTIONS: Photography and reproductions: Unless the Department of Cultural Arts Services is notified in writing to the contrary, it is understood that this loan may be photographed and reproduced for publications and for publicity purposes connected with the exhibitions. Catalogue Information: Provenance, Previous Exhibiton, etc. The signatures below indicate the conditions of the loan as stated above and on the Conditions Governing Loans are accepted. Borrower Lender Date Date CONDITIONS GOVERNING LOANS 1. The Department of Cultural Arts Services will exercise the same care with respect to loans as it does in the safekeeping of comparable property of its own. Evidence of damage to an object upon receipt or while in custody will be reported immediately to the lender. No restoration or repair will be undertaken without the written authorization of the lender unless immediate action is required to protect the loaned property or other property in custody of the department or if the loaned property has become a health or safety hazard. There shall be no special handling or installation requirements except as specified on the Loan Agreement. 2. Loans shall remain in the possession of the Department of Cultural Arts Services and/or other institutions participating in the exhibition in question for the time specified on the face of the receipt, but may be withdrawn from exhibit at any time by the director of any such institution. This document shall be binding upon the heirs, administrator, personal representative, successors, and assigns of the lender. 3. All costs of transportation and packing will be bome by the Department of Cultural Arts Services unless the loan is at the lender's request. All costs not contracted directly for the Department of Cultural Arts Services must be agreed on in writing in advance. The method of shipment will be agreed upon by both parties. Object must be packed for shipment by an experienced and competent packer. 4. The Department of Cultural Arts Services will insure the loaned property mwall to wall" (while in transit and on location during the period of this loan) for the amount specified in this form, against all risks of physical loss or damage from any extemal cause except the usual standard exclusions such as wear and tear, gradual deterioration, insects, vermin, inherent vice or damage sustained due to or resulting from any repairing, restoration or retouching process; nuclear reaction or radiation; risks of war, hostile of warlike action, insurrection, rebellion, civil disturbance; and seizure or destruction under quarantine or customs regulations, confiscation, illegal transportation or trade. While insurance will be placed in the amount specified by the lender, the signing of this document by this institution does not constitute endorsement of the lender's stated value. Since the Department of Cultural Arts Services fine arts insurance is limited to the Fair Market Value at the time of the loss, the department cannot be responsible for more than the current Fair Market Value of borrowed property or in the event of partial loss or damage, for more than the cost to repair or restore in addition to any resulting loss of market value. The Department of Cultural Arts Services' liability shall not, in any case, exceed demonstrated Fair Market Value. S. If the lender elects to maintain his own insurance, the Department of Cultural Arts Services must be supplied with a certificate of insurance naming the Department of Cultural Arts Services as an additional assured or waiving subrogation against the Department Otherwise, the loan agreement shalt constitute a release of the Department of Cultural Arts Services and hold harmless the department from any liabilities in connection with the loaned property. It is agreed that the Department of Cultural Arts Services shall bear no risks of loss or damage that is not covered by the insurance provided in this paragraph. 6. Customs regulations will be adhered to in international shipments, and lender is responsible for adhering to his conditional import/export requirements. The Department of Cultural Arts Services is responsible to the import/export requirements of the United States.