Appendix B to Part 79 - Example of a Memorandum of Understanding for Curatorial Services for a Federally-Owned Collection
36:1.0.1.1.39.0.81.12.5 : Appendix B
Appendix B to Part 79 - Example of a Memorandum of Understanding
for Curatorial Services for a Federally-Owned Collection MEMORANDUM
OF UNDERSTANDING FOR CURATORIAL SERVICES BETWEEN THE (Name of the
Federal agency) AND THE (Name of the Repository)
This Memorandum of Understanding is entered into this (day) day
of (month and year), between the United States of America, acting
by and through the (name of the Federal agency), hereinafter called
the Depositor, and the (name of the Repository), hereinafter called
the Repository, in the State of (name of the State).
The Parties do witnesseth that,
Whereas, the Depositor has the responsibility under Federal
law to preserve for future use certain collections of archeological
artifacts, specimens and associated records, herein called the
Collection, listed in Attachment A which is attached hereto and
made a part hereof, and is desirous of obtaining curatorial
services; and
Whereas, the Repository is desirous of
obtaining, housing and maintaining the Collection, and recognizes
the benefits which will accrue to it, the public and scientific
interests by housing and maintaining the Collection for study and
other educational purposes; and
Whereas, the Parties hereto
recognize the Federal Government's continued ownership and control
over the Collection and any other U.S. Government-owned personal
property, listed in Attachment B which is attached hereto and made
a part hereof, provided to the Repository, and the Federal
Government's responsibility to ensure that the Collection is
suitably managed and preserved for the public good; and
Whereas, the Parties hereto recognize the mutual benefits to
be derived by having the Collection suitably housed and maintained
by the Repository;
Now therefore, the Parties do mutually
agree as follows:
1. The Repository shall:
a. Provide for the professional care and management of the
Collection from the (names of the prehistoric and historic
resources) sites, assigned (list site numbers) site numbers. The
collections were recovered in connection with the (name of the
Federal or federally-authorized project) project, located in (name
of the nearest city or town), (name of the county) county, in the
State of (name of the State).
b. Perform all work necessary to protect the Collection in
accordance with the regulation 36 CFR part 79 for the curation of
federally-owned and administered archeological collections and the
terms and conditions stipulated in Attachment C to this
Memorandum.
c. Assign as the Curator, the Collections Manager and the
Conservator having responsibility for the work under this
Memorandum, persons who are qualified museum professionals and
whose expertise is appropriate to the nature and content of the
Collection.
d. Begin all work on or about (month, date and year) and
continue for a period of (number of years) years or until sooner
terminated or revoked in accordance with the terms set forth
herein.
e. Provide and maintain a repository facility having requisite
equipment, space and adequate safeguards for the physical security
and controlled environment for the Collection and any other U.S.
Government-owned personal property in the possession of the
Repository.
f. Not in any way adversely alter or deface any of the
Collection except as may be absolutely necessary in the course of
stabilization, conservation, scientific study, analysis and
research. Any activity that will involve the intentional
destruction of any of the Collection must be approved in advance
and in writing by the Depositor.
g. Annually inspect the facilities, the Collection and any other
U.S. Government-owned personal property. Every (number of years)
years inventory the Collection and any other U.S. Government-owned
personal property. Perform only those conservation treatments as
are absolutely necessary to ensure the physical stability and
integrity of the Collection, and report the results of inventories,
inspections and treatments to the Depositor.
h. Within five (5) days of discovery, report all instances of
and circumstances surrounding loss of, deterioration and damage to,
or destruction of the Collection and any other U.S.
Government-owned personal property to the Depositor, and those
actions taken to stabilize the Collection and to correct any
deficiencies in the physical plant or operating procedures that may
have contributed to the loss, deterioration, damage or destruction.
Any actions that will involve the repair and restoration of any of
the Collection and any other U.S. Government-owned personal
property must be approved in advance and in writing by the
Depositor.
i. Review and approve or deny requests for access to or
short-term loan of the Collection (or a part thereof) for
scientific, educational or religious uses in accordance with the
regulation 36 CFR part 79 for the curation of federally-owned and
administered archeological collections and the terms and conditions
stipulated in Attachment C of this Memorandum. In addition, refer
requests for consumptive uses of the Collection (or a part thereof)
to the Depositor for approval or denial.
j. Not mortgage, pledge, assign, repatriate, transfer, exchange,
give, sublet, discard or part with possession of any of the
Collection or any other U.S. Government-owned personal property in
any manner to any third party either directly or in-directly
without the prior written permission of the Depositor, and redirect
any such request to the Depositor for response. In addition, not
take any action whereby any of the Collection or any other U.S.
Government-owned personal property shall or may be encumbered,
seized, taken in execution, sold, attached, lost, stolen, destroyed
or damaged.
2. The Depositor shall:
a. On or about (month, date and year), deliver or cause to be
delivered to the Repository the Collection, as described in
Attachment A, and any other U.S. Government-owned personal
property, as described in Attachment B.
b. Assign as the Depositor's Representative having full
authority with regard to this Memorandum, a person who meets
pertinent professional qualifications.
c. Every (number of years) years, jointly with the Repository's
designated representative, have the Depositor's Representative
inspect and inventory the Collection and any other U.S.
Government-owned personal property, and inspect the repository
facility.
d. Review and approve or deny requests for consumptively using
the Collection (or a part thereof).
3. Removal of all or any portion of the Collection from the
premises of the Repository for scientific, educational or religious
purposes may be allowed only in accordance with the regulation 36
CFR part 79 for the curation of federally-owned and administered
archeological collections; the terms and conditions stipulated in
Attachment C to this Memorandum; any conditions for handling,
packaging and transporting the Collection; and other conditions
that may be specified by the Repository to prevent breakage,
deterioration and contamination.
4. The Collection or portions thereof may be exhibited,
photographed or otherwise reproduced and studied in accordance with
the terms and conditions stipulated in Attachment C to this
Memorandum. All exhibits, reproductions and studies shall credit
the Depositor, and read as follows: “Courtesy of the (name of the
Federal agency).” The Repository agrees to provide the Depositor
with copies of any resulting publications.
5. The Repository shall maintain complete and accurate records
of the Collection and any other U.S. Government-owned personal
property, including information on the study, use, loan and
location of said Collection which has been removed from the
premises of the Repository.
6. Upon execution by both parties, this Memorandum of
Understanding shall be effective on this (day) day of (month and
year), and shall remain in effect for (number of years) years, at
which time it will be reviewed, revised, as necessary, and
reaffirmed or terminated. This Memorandum may be revised or
extended by mutual consent of both parties, or by issuance of a
written amendment signed and dated by both parties. Either party
may terminate this Memorandum by providing 90 days written notice.
Upon termination, the Repository shall return such Collection and
any other U.S. Government-owned personal property to the
destination directed by the Depositor and in such manner to
preclude breakage, loss, deterioration and contamination during
handling, packaging and shipping, and in accordance with other
conditions specified in writing by the Depositor. If the Repository
terminates, or is in default of, this Memorandum, the Repository
shall fund the packaging and transportation costs. If the Depositor
terminates this Memorandum, the Depositor shall fund the packaging
and transportation costs.
7. Title to the Collection being cared for and maintained under
this Memorandum lies with the Federal Government.
In witness whereof, the Parties hereto have executed this
Memorandum. Signed: (signature of the Federal Agency Official)
Date: (date) Signed: (signature of the Repository Official) Date:
(date)
Attachment A: Inventory of the Collection
Attachment B: Inventory of any other U.S. Government-owned
Personal Property
Attachment C: Terms and Conditions Required by the Depositor