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HomeMy WebLinkAboutVII-C-01 City Council Memorandum To: Mayor Hicks & City Council Members From: Melanie Mesko Lee, City Administrator Date: August 29, 2018 Item: LeDuc Contract Amendments Council Action Requested: Approve the amendments to the LeDuc Operating Agreement with the Dakota County Historical Society. Background Information: In 2005, the City took possession of the LeDuc Historic Estate and have been working cooperatively with DCHS to maintain and program the site since that time. Generally speaking, the City maintains the site/structure and DCHS provides the staffing and programming. An Operating Agreement outlines collective responsibilities and coordination of efforts to meet those goals. The agreement was reviewed and renewed in 2013. The terms of the agreement were for a five year term (2013-2017) with an automatic renewal for an additional five years, unless either party provided a one year notice to the other party. The agreement was renewed as per the contract and the current term is 2018-2022. In early 2017, Councilmember Folch requested a review of the Operating Agreement between the City of Hastings and the Dakota County Historical Society (DCHS) for the LeDuc Historic Estate. The issue was referred to the Administrative Committee of the Council (Braucks*, Folch, Lund) and several meetings have been held over the last 12 months to discuss the current contract, opportunities for closer coordination, and overall review. During the Administrative Committee meetings, there was discussion of the entire contract. A summary of the meetings from June 26, 2017; October 16, 2017; and February 5, 2018 are attached for reference. The Committee expressed appreciation for the long term partnership, and a desire for additional information sharing on events, annual and strategic goals of the site programmer, budget, and general contract edits and clarifications. Based on the feedback provided, staff worked closely with DCHS to propose edits to the existing contract. Some key elements of the contract amendments are:  The DCHS and CITY agree to meet on an annual basis. DCHS will provide a proposed schedule to the City in advance of the general tour season.  DCHS will prepare a marketing/promotional strategy with goals and measurables to ensure long term viability of the site through both unique and repeat visitors. This VII-C-01 strategy will be shared with the CITY annually;  On a quarterly basis, DCHS will provide a standard activity report to the CITY which will include information on attendance on events, upcoming and past events, private and DCHS sponsored events, revenue and expense reports, and strategic goal updates. DCHS will meet with City representatives. Generally, in February with Administration to discuss the annual budget and site goals and in September to provide an update to the full Council. Other meetings may be scheduled at the request of either party.  Any CITY events involving the SITE must be coordinated with DCHS prior to being scheduled at the SITE. DCHS shall also notify the CITY of any new exhibitions being considered or developed for the SITE during the regular quarterly updates to the City unless timing would warrant advance notification.  DCHS shall provide the CITY with a list of suggested site improvements and maintenance needs annually by an agreed upon date. DCHS and the City will also develop and maintain a five-year Capital Improvement Plan.  DCHS agrees to advertise for DCHS Board openings within Hastings and will work with the CITY to promote the openings.  Annually, DCHS will provide a SITE operating budget to the CITY for review as soon as feasible following adoption by DCHS. The annual budget shall include yearly goals and projections of anticipated revenues that will be generated at the SITE. DCHS agrees to include only expenses that are directly related to the operation of the SITE, as required by the terms and conditions of this agreement.  DCHS work with the CITY will to prepare a capital budget for review during the budget review process and the CITY may assist DCHS as necessary to complete this capital budget. Financial Impact: The City’s costs for maintenance are budgeted annually. Advisory Commission Discussion: N/A Council Committee Discussion: See attached meeting summaries Attachments:  Administrative Committee Meetings: o June 26, 2017 o October 16, 2017 o February 5, 2018  Updated recommended contract  2018 Site Calendar  LeDuc Marketing Plan  Quarterly Report  LeDuc Schedule of Events VII-C-01 Recap of Administrative Committee—LeDuc Agreement June 26, 2017 7:30 a.m., Volunteer Room at City Hall In attendance: Councilmember Braucks*, Councilmembers Folch and Lund City Administrator Melanie Mesko Lee Chair Braucks called the meeting to order at 7:30 a.m. and asked for a quick summary of the information Mesko Lee had provided. Staff had reviewed the agreement and feels that largely the provisions are being met, although perhaps a little less formal than the letter of the agreement. Generally, the City is responsible for the physical site elements and the DCHS oversees the programming/personnel side of the operations. Mesko Lee noted that LeDuc and DCHS staff meet with her at least annually and the site manager also presents to the City Council once or twice a year. She also noted that the relationship has been a productive one, with LeDuc staff readily reaching out on site issues, upcoming capital items, and broad general operating elements which may deal with licensing, site use questions, etc. Braucks noted that she is appreciative of the productive relationship. The City values the expertise of DCHS as well as the site staff and their good work. There were some questions on the budget, marketing, programming (site tours v. special events), board membership, and how LeDuc can tie into the City Council’s recent tourism focus. Generally, the committee supported a closer relationship with the Council and DCHS to build awareness and understanding of the site operations and continue to foster a productive, long-term relationship. Staff directed to provide a summary of the meeting, to provide a timeline for City/DCHS to share information as directed in the agreement. Below is a brief summary of agreement sections which tie into regular or as needed communication efforts between the City and DCHS on the LeDuc site. Agree-ment Section Provision Note Committee Feedback Timeline I. 1. The site is open at least 700 hours annually, including special events, programs and a general tour season. The DCHS and CITY agree to meet on an annual basis to determine the hours of operation for the upcoming year. 2017 Tours are open Th-Sun 10, 11:30, 1, 2:30 and 4 May 26-Oct 25, 2017 DCHS indicates site is open for 853 hours: 728—tours/ Interested in 728 hours and how that’s broken down among tours/ events/programming. Q4 2017 VII-C-01 events/programming through DCHS) 125—private events/rentals/non-DCHS events Want a meeting with DCHS staff to discuss further I.15. DCHS staff will accompany CITY staff in annual (or more frequently as needed) site inspections This was conducted the week of June 19, 2017 with City Facilities Supervisor and City Planner/HPC Specialist Q2 2018 II.A. Provide a standard activity report to the CITY, quarterly, and participate in meetings as needed, that allow both the CITY and DCHS to evaluate their mutual contractual obligations and performance City and DCHS staff meet at least annually to discuss site needs and coordination. DCHS staff presents before City Council 1- 2 times annually Indicated a desire for quarterly meetings with DCHS. Q4 2017 II.E. DCHS will notify the CITY of all special events, fairs, festivals, and private events planned at the SITE as soon as it is reasonably possible. DCHS will also notify the CITY of any new exhibitions being considered or developed for the SITE. City and DCHS staff meet at least annually to discuss site needs and coordination. This has informally included information sharing about both scheduled and potential events and City coordination. Indicated a desire for increased information sharing about site programming. DCHS will be requested to provide regular, ongoing updates as events are planned II.F. DCHS shall provide the CITY with a list of suggested site improvement and maintenance needs annually City and DCHS staff meet at least annually to discuss site needs and coordination on repairs. The last meeting occurred during the week of June 12, 2017 Indicated a desire for more information to ensure long term viability of site. Q2 2018 II.G. DCHS will secure approval from the CITY for any improvements or alterations to the SITE, excluding exhibits, tours, and educational programs, prior to the start of said improvements or alterations. City and DCHS staff meet at least annually to discuss site needs and coordination on repairs. As site improve ments or alteration s are needed III.G. The CITY will conduct a site inspection at least annually to identify any damage, needed repairs, inspect/pest infestations, mechanical City and DCHS staff meet at least annually to discuss site needs and coordination on repairs. Done week of VII-C-01 failures, or other issues that may harm the integrity of the site. June 19, 2017 Ongoing as needed Financial Obligation and Responsibilities A. By May 1 of each year, DCHS will provide a SITE operating budget to the CITY for review. The annual budget shall include yearly goals and projections of anticipated revenues that will be generated at the SITE. DCHS agrees to include only expenses that are directly related to the operations of the SITE, as required by the terms and conditions of this agreement and the Partnership Agreement. This has not been done. It will be done going forward, although DCHS has requested consideration of different timing to align with their budget timeline; more specific dates will be forthcoming The committee indicated an interest in receiving this information going forward. TBD C. The CITY agrees to meet and confer with the DCHS any time it draws funds from the Simmons Trust to repair, replace, maintain any item at the SITE, or for any capital expenditure or any operating expenditure of which it is responsible. The City and DCHS have historically coordinated on Simmons funds use. Foresee annually The Committee also requested additional coordination on marketing/promotion of LeDuc events including a possible invitation for LeDuc staff to be part of the Tourism Bureau. Staff will reach out to the Chamber President on that issue. The committee also requested increased coordination with DCHS on future board openings to try to have a Hastings connection on the board. That has recently been brought up to DCHS Executive Director, who indicated willingness to coordinate more closely in that area. The meeting was adjourned at 8:30 a.m. VII-C-01 City of Hastings  101 Fourth Street East  Hastings, MN 55033-1944  Phone: 651-480-2350  www.hastingsmn.gov FOLLOW UP AGENDA Administrative Committee Meeting LeDuc Historic Estate October 16, 2017 6:00 p.m. 1. Call to order/Introductions City of Hastings Administrative Committee: Chair Braucks, Councilmembers Folch and Lund Mayor Hicks, City Administrator Melanie Mesko Lee Dakota County Historical Society Matt Carter, Director; Rebecca Snyder, DCHS Associate Director, and Steve Cook, DCHS Trustee and Treasurer Members of the Public: Dan Massman (KDWA), Amy Deaver, Gayle Caturia, Maureen Fasbender, Jane Mayer, Donna Gergen, Jeff Deaver Chair Braucks welcomed those in attendance. She recounted her experience at LeDuc, including the value of special events and the partnership between the City and DCHS. She stated that she is interested in supporting the life of the building and how the mutually beneficial relationship can continue. 2. Recap of June 26, 2017 Administrative Committee Meeting and August 18, 2017 Updates 3. DCHS—Programming/Events 4. DCHS/City—Communication 5. City—Capital Site Needs 6. DCHS—Budget The Council has previously been provided a staff analysis of the current agreement. Generally, there is compliance with the agreement provisions, although perhaps an opportunity to work more closely on increased communication and information sharing. Staff provided a handout of the trust funds which are used to support the LeDuc. These funds are restricted. Budget information from DCHS on the LeDuc operations was also provided. Councilmember Folch had questions about the personnel operations of the programming, including staff wages, benefits, and the financial resources provided by DCHS to support the LeDuc. She also requested additional information on the longer term strategic vision and concern with a long term partnership with DCHS. There was discussion with DCHS on compensation/benefits and hiring process. VII-C-01 City of Hastings  101 Fourth Street East  Hastings, MN 55033-1944  Phone: 651-480-2350  www.hastingsmn.gov Mayor Hicks spoke in support of the partnership with DCHS and the work that has been done since the City and DCHS opened the LeDuc in 2003. There was discussion about revenue goals, representation of someone from Hastings on the DCHS board, tours and special events. The committee recommended a future workshop to continue the discussion and allow DCHS to hire a new site manager. The committee adjourned at 7:00 p.m. VII-C-01 Recap of Administrative Committee—LeDuc Agreement February 5, 2018 6:00 p.m., Volunteer Room at City Hall In attendance: Councilmember Braucks*, Councilmembers Folch and Lund Dakota County Historical Society/LeDuc Staff: Matt Carter, Christina Johnson, Steve Cook City Administrator Melanie Mesko Lee Chair Braucks called the meeting to order at 6:00 p.m. and welcomed the guests. DCHS/LeDuc had provided several items for discussion:  2018 Calendar of Events  Annual Goals  Budget  Contract Edits and Clarifications The group discussed the proposed events. Councilmember Braucks inquired about kids camps. DCHS said that while they had previously offered some camps, attendance had been dwindling so they had canceled the stand alone offerings and were looking to partner with others to incorporate LeDuc into existing summer children events/camps. The YMCA and Carpenter Nature Center were discussed. Councilmember Folch asked about the Rivertown Days Arts & Crafts Fair. Carter noted that they were open to the Chamber using the LeDuc site if they still desired. He noted that the event has used a number of sites throughout the community over the years. Mesko Lee said that a planning meeting on Rivertown Days would be held on February 7 and that the City would learn more about what the Chamber of Commerce would like to do for 2018. There was discussion about December events and encouraged partnerships with local groups to highlight the site during the holidays. Civil War weekend was discussed. Councilmember Folch suggested consideration of vendors; DCHS said they were open to many options that fit within the time period. There was brief discussion on the goals and encouragement to continue to work to make LeDuc a lively site for the public to visit over and over rather than just being a one-time tour location. The committee encouraged community outreach and marketing. There are some contract edits/clarification that Mesko Lee and Carter and Johnson will work together on and report back to the committee. The committee expressed support for the work of LeDuc and encouraged continued work on how to make the site a lively place where the story of Hastings can be told while working within a collaborative partnership model. They thanked DCHS for the meeting. The meeting was adjourned at 6:55 p.m. VII-C-01 1 | P a g e OPERATING AGREEMENT LeDuc Historic Estate City of Hastings and the Dakota County Historical Society THIS AGREEMENT, is made this Day of , 2018 by and between the City of Hastings, a municipal corporation of the State of Minnesota, herein called the CITY and the Dakota County Historical Society, a non-profit corporation, herein called the DCHS. WHEREAS, the CITY has made determination that it wishes to utilize the services of the DCHS to operate the LeDuc Historic Estate, 1629 Vermillion Sheet, Hastings, herein called the SITE. Both the CITY and DCHS enter into this Agreement for a period of five years, with an automatic renewal for an additional five (5) year period, unless terminated by either party according to the provisions outlined in Section IV. E and F, with said agreement starting upon execution of the CITY and DCHS and expiring on December 31, 2022. This agreement modifies and replaces the "Operating Agreement LeDuc Historic Estate” that was signed into effect in March 2013, which in turn modified and replaced previous "Operating Agreement LeDuc Mansion” documents which were originally created on June 24, 2005. Additional details and expectations may be developed by mutual agreement between the two parties and shall be memorialized as Addenda when acted upon by both parties. TERMS OF THE AGREEMENT I. DCHS shall provide the following services relating to the general operation and management of the SITE: 1. Open the SITE to the public for at least 700 hours annually, including special events, programs, and a general tour season. The general tour season may vary but will typically run from May to October. The DCHS and CITY agree to meet on an annual basis. DCHS will provide a proposed schedule to the City in advance of the general tour season. 2. Manage the day-to-day operations of the SITE, including but not necessarily limited to the following: a.) Provide tours and programs that offer an historic interpretation of the house, carriage barn and grounds to the public, as well as providing stories and exhibits related to the LeDuc family, Carroll Simmons, Andrew Jackson Downing, the City of Hastings, Dakota County and other relevant history related to the SITE. b.) Plan, schedule and manage activities and special events at the house, carriage barn and on the grounds to generate operating revenues while maintaining the quality and character of the SITE. 3. Design, create, install and control the selection, display, storage and preservation of the art and historical objects appropriate to the SITE. Arrange or facilitate cleaning of artifacts and exhibits, and be responsible for said cost, in the LeDuc House and the Carriage Barn. DCHS will be responsible for care and replacement of light bulbs and fixtures for the exhibit VII-C-01 2 | P a g e lighting. These displays will be cleaned, repaired and/or replaced by DCHS. All of the foregoing shall be at the sole expense of DCHS. 4. DCHS shall own all exhibits, cases, lighting and the like developed and paid for, either in whole or in part by DCHS for the SITE. Exhibits, cases and lighting and the like developed and paid for wholly by parties other than DCHS, including the CITY, shall remain the property of the parties that developed and/or paid for them unless gifted to DCHS. Exhibits, cases, lighting and the like developed solely for the SITE and having no practical use away from the SITE will be gifted to the CITY by the DCHS should this agreement be terminated. Additional exhibits, cases, lighting and the like may, at the sole discretion of DCHS, be gifted to the CITY should this agreement be terminated. This does not include assets belonging to DCHS which are not offered to the SITE, and which were not acquired solely for use at the SITE. 5. DCHS, in recognition of the reputation and highly public nature of the CITY as the owner of the SITE, agrees to develop exhibitions, tours and programs, and the like following best practices identified by the American Association of Museums (AAM) and/or the American Association for State and Local History (AASLH). Should appropriate best practices not be available from AAM or AASLH for some aspect of operating the SITE, DCHS shall make a good faith effort to identify and follow appropriate best practices in closely related fields. Furthermore, should any potentially controversial subject be selected for exhibition at the SITE, DCHS shall inform the CITY as to the nature of the subject and possible controversial aspects of the subject. 6. DCHS will employ the personnel necessary for the operation of the SITE. DCHS will recruit, train and supervise employees, volunteers and interns necessary for the operation of the SITE, and be responsible for providing the necessary workers compensation insurance and payroll taxes. 7. DCHS will provide telephone service, computer internet and email service to the SITE, and be responsible for payment of said service. 8. DCHS will be responsible for specialized grounds maintenance such as, but not necessarily limited to the apple orchard, flower gardens, watering heirloom plants, shrubs and flowers. 9. DCHS will be responsible for the operation and maintenance of the kitchen facilities that will include, but not be limited to the following: a. Purchase and acquisition of kitchen equipment it deems necessary and its ongoing maintenance. b. Purchase, acquisition and maintenance and replacement of utensils, glassware, plates, it deems necessary. c. Purchase and acquisition of tables and chairs for rental events it deems necessary, d. Cleaning and maintenance including plumbing within the kitchen, supply and waste lines. e. Kitchen plumbing maintenance including clog removal, and other normal day- to-day maintenance; and f. Make minor repairs that are within its capacity to complete, only after having received prior approval from the City. g. Major kitchen plumbing repairs shall be completed by the City, which may include, VII-C-01 3 | P a g e but not necessarily be limited to: pipe or fitting replacement and repair, frozen pipes or repairs that are expected to exceed $500.00 in cost. Those repairs expected to exceed $500.00 shall be paid by the City, unless the DCHS agrees to make full or a partial payment. 13. DCHS will operate a gift shop on the premises and be responsible for insuring the contents, and receiving waivers of liability from those dealers who display for sale, their items in the gift shop. 14. DCHS will insure its personnel and the exhibit contents in the SITE and carriage barn. 15. DCHS shall be responsible for basic janitorial services and cleaning, including bathroom cleaning and restocking; sweeping, mopping, dusting, changing light bulbs, and similar day- to-day cleaning. 16. DCHS shall be responsible for washing all window surfaces that can be accessed without removing storm windows or other window structure and that can be reached safely using a step ladder of no more than 6’ in height. The CITY shall be responsible for cleaning all other window surfaces (see III.C.) 17. DCHS staff will accompany CITY staff in annual (or more frequently as needed) site inspections to identify any damage, needed repairs, insect/pest infestations, mechanical failures, or other issues that may harm the integrity of the site. 18. DCHS staff may complete minor repairs with prior approval from CITY. These minor repairs may include painting, woodworking, fixture repair/replacement, plumbing repairs, etc. Costs associated with such measures shall be paid by either DCHS or CITY as determined by mutual, written, agreement. 19. DCHS may take measures to control pests not covered by the CITY'S pest control contract with prior approval from CITY. Costs associated with such measures shall be paid by either DCHS or CITY as determined by mutual, written, agreement. 20. DCHS will prepare a marketing/promotional strategy with goals and measurables to ensure long term viability of the site through both unique and repeat visitors. This strategy will be shared with the CITY annually. II. DCHS recognizes the CITY as the owner of the SITE, and will complete the following in consideration: A. On a quarterly basis, provide a standard activity report to the CITY which will include information on attendance on events, upcoming and past events, private and DCHS sponsored events, revenue and expense reports, and strategic goal updates. DCHS will meet with City representatives. Generally, in February with Administration to discuss the annual budget and site goals and in September provide an update to the full Council. Other meetings may be scheduled at the request of either party. B. Adhere to the provisions of the REAL ESTATE TRANSFER AGREEMENT and DECLARATION CREATING RESTRICTIVE COVENANTS that specify DCHS’ obligations and services. C. Promptly notify the CITY of any building or grounds maintenance needed for the protection of the public and the SITE. D. DCHS shall secure approval from the CITY, prior to submission, for any proposal for funds that creates an obligation on the part of the CITY beyond that which is outlined in this agreement. VII-C-01 4 | P a g e E. Any CITY events involving the SITE must he coordinated with DCHS prior to being scheduled at the SITE. DCHS shall also notify the CITY of any new exhibitions being considered or developed for the SITE during the regular quarterly updates to the City unless timing would warrant advance notification. F. DCHS shall provide the CITY with a list of suggested site improvements and maintenance needs annually by an agreed upon date. DCHS and the City will also develop and maintain a five- year Capital Improvement Plan. G. DCHS will secure approval from the CITY for any improvements or alterations to the SITE, excluding exhibits, tours and educational programs, prior to the start of said improvements or alterations. III. The City of Hastings agrees to perform the following services and provide the following to the SITE: A. The CITY shall be responsible for electricity, natural gas, sewer, water and solid waste removal. B. The CITY shall be responsible for the structural repairs to the foundations, wall, floors, roofs, chimneys; window replacement; exterior and interior painting; and any other structural repairs or replacement. C. The CITY shall be responsible for annually cleaning all window surfaces other than those described under item I.14. D. The CITY shall be responsible for pest control (including vermin and animals not generally covered by the CITY’S pest control contract), grounds maintenance, lawn mowing, snow removal (including manual shoveling of sidewalks and access paths for staff and visitors), tree and shrub trimming, except those noted as the responsibility of DCHS. E. Except as otherwise provided, CITY shall be responsible for the mechanical systems, such as sinks, toilets, electrical switches, heating systems, electrical systems, plumbing, air conditioning, humidity control and security, and shall agree to maintain said systems following the maintenance, repair and replacement recommended by the manufacturer of each system or component, with the goal of creating a near-museum quality environment, with minimal temperature, humidity or air quality fluctuations. F. The CITY shall also be responsible for the following: parking lot, sign maintenance, exterior lighting, fence and gate repair and maintenance, and exterior signage, and replacement of specialized trees and shrubs. G. The CITY will conduct a site inspection at least annually to identify any damage, needed repairs, insect/pest infestations, mechanical failures, or other issues that may harm the integrity of the site. H. The CITY may allow DCHS staff or contractors to conduct any of the activities listed in items III.A through III.G by providing DCHS with written approval. City shall pay all costs associated with such activities unless DCHS agrees in writing to pay for the activity. IV. Other Duties and Responsibilities A. DCHS agrees to advertise for DCHS Board openings within Hastings and will work with the CITY to promote the openings. B. DCHS agrees not to discriminate in providing services on the basis of race, religion, color, national origin, sex, marital status, mental or physical disability. C. DCHS agrees to indemnify, hold harmless and defend the CITY, its officers, agents and VII-C-01 5 | P a g e employees from and against any and all claims for injury or property damage arising out of, or related to the services to be performed as outlined in this AGREEMENT, and the attached exhibit. D. DCHS, receiving money from the CITY and in providing non-profit services in the interest of the citizens, shall at all times be considered an independent contractor and not an agent, partner or in joint venture with the CITY. The parties acknowledge that any contract or agreement entered into between the DCHS and a third party shall not be an obligation of the CITY. DCHS shall not represent that it has the power or authority to contractually obligate the CITY. E. DCHS agrees that the responsibility for performing the services to be implemented under the terms of this agreement shall not be assigned, transferred or delegated by the DCHS to a third party without the prior written consent of the CITY. F. Either party may terminate this agreement for failure of the other party to comply with any term, condition or obligation under this agreement, no earlier than 6 months after written notice specifying the nature of the default, with reasonable particularity, and such default not having been substantially corrected, within four weeks after the notice has been sent. Upon such termination, DCHS shall be entitled to receive a pro-rated portion of the payment owned under Section V (G) and the City shall receive the balance of any unspent funds already allocated to DCHS, but not yet expended. G. This Agreement shall be for an initial five (5) years, and automatically continue for an additional five (5) years, unless either party provides notice to the other that the second five (5) year term will not be renewed for the additional five (5) year term, which must be submitted in writing not less than one (1) year before the expiration of the first five (5) year term expiring. H. DCHS shall maintain in force for the duration of this agreement the insurance coverage specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage that the CITY may carry. A copy of each policy or certificate of insurance satisfactory to the CITY shall be delivered to the CITY upon the execution of this agreement. Unless otherwise specified, each policy shall be written on an “occurrence" form, with an admitted insurance carrier licensed to do business in the State of Minnesota and shall contain an endorsement entitling the CITY to not less than 30 days prior written notice of any material change, non-renewal or cancellation. The adequacy of such insurance required by these provisions shall be subject to approval by the CITY. Failure to maintain any insurance coverage required by this agreement shall be cause for immediate termination of this agreement by the CITY. H-l. Comprehensive General Liability. DCHS shall maintain a broad form comprehensive liability insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, with an aggregate of $2,000,000 for bodily injury, personal injury or property damage. Such policy shall contain contractual liability endorsement and tenant legal liability coverage. The policy shall also contain an endorsement naming the CITY as an additional insured, in a form satisfactory to the CITY, and expressly providing that the interest of the CITY shall not be affected by the DCHS’ breach of policy provisions. H-2. Workers Compensation. If the DCHS shall perform the work with the help of others, DCHS shall provide proof of worker’s compensation insurance coverage in compliance with all applicable provisions of worker’s compensation laws in the State of Minnesota. VII-C-01 6 | P a g e H-3. Property Insurance. It is agreed that the CITY will provide property insurance coverage for building and contents owned by the CITY. DCHS shall maintain separate property insurance coverage for all personal property owned by the DCHS, or loaned to the DCHS by the Minnesota Historical Society. The CITY will not provide any type of insurance for property or contents not owned by the CITY that is located at the STI'E. I. DCHS and the CITY shall comply with all applicable federal, state and local laws and rules, ordinances and regulations at all times, while this agreement is in force. J. This Agreement can be modified with the written consent and approval of both parties. Financial Obligations and Responsibilities A. Annually, DCHS will provide a SITE operating budget to the CITY for review as soon as feasible following adoption by DCHS. The annual budget shall include yearly goals and projections of anticipated revenues that will be generated at the SITE. DCHS agrees to include only expenses that are directly related to the operation of the SITE, as required by the terms and conditions of this agreement. B. DCHS shall also work with city staff on an ongoing basis to maintain a list of capital needs, repairs, improvements, etc. to the CITY. C. DCHS work with the CITY will to prepare a capital budget for review during the budget review process and the CITY may assist DCHS as necessary to complete this capital budget. D. The CITY agrees to meet and confer with the DCHS any time it draws funds from the Simmons Trust to repair, replace, maintain any item at the SITE, or for any capital expenditure or any operating expenditure of which it is responsible. Each party understands that the Simmons Trust are the sole ownership of the CITY and allocation of the funds is at the sole discretion of the CITY, with the further understanding that allocation for a legitimate expense shall not be unreasonably held back by the CITY. F. DCHS and the CITY agree that any earned income from the operation and rental of the SITE shall remain with the SITE and used for expenses associated with the operation and capital expenditures and repairs at the SITE. G. Each party expects, on an annual basis that the earnings from the Simmons Trust will be distributed 50% to the CITY and 50% to the DCHS for the operation and maintenance of the SITE. Disbursements to DCHS shall be paid quarterly within 60 days of the end of each fiscal quarter. H. In consideration of items I.13 & I.14, the CITY agrees to pay DCHS $5,000 annually in addition to payments specified elsewhere in this agreement. This payment shall be used by DCHS to purchase cleaning supplies & equipment; touch-up paint; minor shop materials/expendables; as well as to pay staff to conduct general cleaning identified in items I.13 &I.14. I. The CITY and DCHS agree that should any grant funds be received solely for use at the SITE that those funds will remain with the SITE and that DCHS shall be responsible for VII-C-01 7 | P a g e administering and accounting for those grant funds. Should this agreement be terminated and grant funds dedicated solely for use at the SITE remain unspent, those funds will remain with the SITE and become the responsibility of the CITY to administer and account for, unless the grantor requests an alternative arrangement be made. J. Should either party terminate the agreement according to the terms outlined, DCHS shall receive a pro-rated portion of the payment owed, based on the actual expenses incurred by the DCHS at the time of termination. Execution of this Agreement hereby cancels the previous Lease Agreement Amendment between the City of Hastings and the Dakota County Historical Society dated March 2013. Dated this day of September, 2018. CITY OF HASTINGS DAKOTA COUNTY HISTORIAL SOCIETY Paul J. Hicks, Mayor Julie Flaten, City Clerk VII-C-01 2018 Calendar of Events Lawshe Memorial Museum June 21st: Young Curators  1 p.m. – 3 p.m. 28th: Young Curators  1 p.m. – 3 p.m. July 14th: Vintage Base Ball  Dakota City Heritage Village  10 a.m. – 2 p.m. 19th: Young Curators  1 p.m. – 2 p.m. 12th: Young Curators  1 p.m. – 3 p.m. August 18th: History & Genealogy Fair  9 a.m. – 4 p.m. 24th: South St. Paul After Hours: Gopher Ordinance Works  5:30 p.m. – 7:30 p.m. September 20th: Genealogy Presentation: Researching County Records  7 p.m. – 8 p.m. LeDuc Historic Estate July 21st: Putt ‘N’ Through History  10 a.m. – 5 p.m. 27th: Hastings After Hours: Castle Rock  5:30 p.m. – 7:30 p.m. August 12th: Concerts in the Orchard  6:30 p.m. – 8 p.m. 19th: Concerts in the Orchard  6:30 p.m. – 8 p.m. 26th: Concerts in the Orchard  6:30 p.m. – 8 p.m. September 8th: Civil War Weekend  10 a.m. – 5 p.m. 9th: Civil War Weekend  10 a.m. – 5 p.m. October 20th: Harvest Haunting & Candlelit Tours  5:30 p.m. – 9 p.m. 26th: Hastings After Hours: Dakota County in the Civil War  5:30 p.m. – 7:30 p.m. Sibley Historic site June 8th: Mendota After Hours: D.A.R.  5:30 p.m. – 7:30 p.m. 24th: Rendezvous for the Fete  5 p.m. – 8 p.m. July 13th: Mendota After Hours: Rock ‘N’ Roll in MN  5:30 p.m. – 7:30 p.m. 14th: Putt ‘N’ Through History  10 a.m. – 5 p.m. 21st: Fur Trade Weekend  12 p.m. – 5 p.m. 22nd: Fur Trade Weekend  12 p.m. – 5 p.m. August 6th: Sibley Savants: Book Binding Workshop  10:30 a.m. – 4:30 p.m. 10th: Mendota after Hours: French Canadian Heritage in Minnesota  5:30 p.m. – 7:30 p.m. September 14th: Mendota After Hours: Dakota County in World War I  5:30 p.m. – 7:30 p.m. October 12th: Mendota After Hours: MN Gophers Sports History  5:30 p.m. – 7:30 p.m. 13th: Sibley Haunting  7 p.m. – 9 p.m. VII-C-01 September 8th & 9th: Civil War Weekend - Social Media Advertising - Print Advertising - Press Release Goal: Increase event attendance by 20% - Measurable: Attendance tracking during event Goal: Attract first time visitors to the event - Measurable: Event survey September 15th: Hayes Visit Commemoration - Social Media Advertising - Press Release Goal: Create awareness of Hayes Visit - Measurable: Track through social media and website analytics Goal: Sell out event - Measurable: Attendees at event Goal: Attract new event attendees - Measurable: New attendees at event October 20th: Harvest Haunting & Candlelit Tours - Print Advertising - Social Media Advertising - Press Release Goal: Increase attendance by 30% for Harvest Haunting - Measurable: Attendance tracking through sales Goal: Obtain first time visitors - Measurable: Surveys and talking with visitors 2018 LeDuc Marketing & Promotional Plan Hastings City Council September 4, 2018 VII-C-01 Goal: Educate on historic connection between LeDuc’s and event - Measurable: Provide tours, answer questions for attendees October 26th: Hastings After Hours - Print Advertising - Social Media Advertising - Press Release Goal: Have 75% attendance or higher - Measurable: Attendance tracking November 24th: Victorian Holiday Tea & Tours - Print Advertising - Social Media Advertising - Press Release Goal: Sellout teas - Measurable: Attendance tracking Goal: Increase tour numbers - Measurable: Compare attendance from 2017 to 2018 attendance December 1st: Victorian Holiday Tea & Tours - Print Advertising - Social Media Advertising - Press Release Goal: Sellout teas - Measurable: Attendance tracking Goal: Increase tour numbers - Measurable: Compare attendance from 2017 to 2018 attendance VII-C-01 LeDuc Historic Estate- Quarterly Report Attendance Adult Tour Senior Tour M/C/S Tour Membership, Under 5, or Voucher Tour School Tour Special Events Month-end total (2016) May 13 16 7 0 220 8 256 June 68 49 4 20 74 15 230 July 114 84 21 10 34 263 August 70 102 25 6 437 640 Monthly Happenings  May o DCHS Sites Tour – This event was cancelled due to blizzard. Will be rescheduled in Fall 2018 or Spring 2019 o The Mother’s Day Tea – Had 27 people in attendance and was catered by Emily’s Bakery. “Lady Victoria” greeted the guests and hosted the event in the LeDuc’s absence o LeDuc Book Club-The book club met again. This is hosted by Pleasant Hill Library.  June o Rhubarb Festival – This event is hosted by the Friends of LeDuc & Historic Hastings. It had a nice turnout despite inclement weather. o Woodchips: City of Hastings dropped off woodchips and Sentence to Serve placed them throughout the grounds o LeDuc Book Club – The book club met again. This is hosted by Pleasant Hill Library.  July o Putting through History – This event was a first-time fundraiser for DCHS at LeDuc. Despite slow attendance, the event sponsors paid for it before it even started.1st o Hastings After Hours: History of Castle Rock – This event was well attended. o Parking Lot Striping: City of Hastings updated our handicap parking signage and increased accessibility by striping the parking lot. o LeDuc Book Club – The book club met again. This is hosted by Pleasant Hill Library.  August o Concerts in the Orchard – We are thankful to Merchants Bank for sponsoring this event again. We also thank the nonprofit groups that came in and sold pies during our event as a fundraiser for their organization. We averaged over 100 people again for each concert. o LeDuc Bookk Club-The book club met again. This is hosted by Pleasant Hill Library. VII-C-01 School Tours  Attendance for tours was 294  There were five of schools that participated  DCHS staff went into two different schools to present, since they could not make it to the site Volunteers  Volunteers assisted with “preseason cleaning” at the site to prepare for tour opening  We had a handful of volunteers to help with the Mother’s Day Tea  The gardeners have done a fantastic job of maintaining the flowers on the site Staff  We trained in two new Site Educators: Carol and Alice.  Also returned four tour guides from last year at the site: Margaret, Nick, Ana, Hannah  There is another tour guide that will train at the site during the Spring of 2019 Advertising  We were included in the Hastings Dining & Destination Guide  Social media was used to advertise each of our events, with a 50-mile radius from LeDuc VII-C-01 1629 VERMILLION STREET HASTINGS, MN 55033 (651) 438-8480 FOR MORE INFORMATION, SEE WWW.DAKOTAHISTORY.ORG 2018 TOUR SEASON May 17th – October 20th with tours Thursday-Sunday @ 10, 11:30, 1, 2:30 & 4 FRIENDS OF LEDUC AND HISTORIC HASTINGS Monthly Programs & Meetings; 2nd Tuesdays, 7 pm – FREE LEDUC BOOK GROUP Historic book discussions in the dining room, in partnership with Pleasant Hill Library; 1st Thursdays, 6:30 pm – FREE . CONCERTS IN THE ORCHARD FREE! Every Sunday in August from 6:30-8. Bring your own chair. Refreshments for sale by various local nonprofits. CIVIL WAR WEEKEND September 8th – 9th, 10 am – 5 pm Admission from $7-9 per person The theme this year is Agriculture, in commemoration of the 140th Anniversary of President Hayes’ visit to Hastings. There will be a civil war encampment featuring speakers, re- enactments, hands-on demonstrations and encampments. See the Civil War come alive at the LeDuc! HAYES VISIT COMMEMORATION “LUNCHEON” Saturday, September 15th-3:30 pm A high tea to commemorate the Sept 9th, 1878 visit of President Hayes to the LeDuc home for lunch on his visit to Minnesota. Come for a menu comparable to what was served on that day. Call or register online to reserve a place - $40 ($35 members) **payment due at time of registration** HARVEST HAUNTING & CANDLE LIGHT TOURS Saturday, October 20th, 5 pm – 9 pm, $6 For more details on these and other events at the Dakota County Historical Society, WWW.DAKOTAHISTORY.ORG - turn over for more events SCHEDULE OF 2018 EVENTS CONTINUED HASTINGS AFTER HOURS Friday, October 26th, 5:30-7:30 pm During this new event, presenter David Schreier will present on his new book, “A County Divided: Dakota County in the Civil War.” Visitors will explore the history of Dakota County’s involvement in the Civil War and how Hastings played a key role. A drink ticket and snacks are included with your reservation. $20/person ($15 for members) **payment due at time of registration** SPIRITUALISM TOURS Tuesday, October 30th, 7 pm & 8:30 pm Come for a candlelit tour of the house on the 101st anniversary of William LeDuc’s death. Learn about his later years, spiritualism, and his interest in the practice. VICTORIAN HOLIDAYS Saturdays, November 24th & December 1st The elegantly decorated house will host tea on the 24th & 1st at 3:30 pm ($40) call or register online to reserve a place, **payment due at time of registration** COFFEE WITH THE GENERAL ** NEW PROGRAM ** Saturday, November 3rd Come for a historic talk, discussion, and light refreshments. Author and Professor Susan Foote will be discussing her book The Crusade for Forgotten Souls. Books will be on sale at the site. $5/person The LeDuc: where all history is entertaining! For more details on these and other events at the Dakota County Historical Society visit: WWW.DAKOTAHISTORY.ORG SCHEDULE OF 2018 EVENTS CONTINUED HASTINGS AFTER HOURS Friday, October 26th, 5:30-7:30 pm During this new event, presenter David Schreier will present on his new book, “A County Divided: Dakota County in the Civil War.” Visitors will explore the history of Dakota County’s involvement in the Civil War and how Hastings played a key role. A drink ticket and snacks are included with your reservation. $20/person ($15 for members) **payment due at time of registration** SPIRITUALISM TOURS Tuesday, October 30th, 7 pm & 8:30 pm Come for a candlelit tour of the house on the 101st anniversary of William LeDuc’s death. Learn about his later years, spiritualism, and his interest in the practice. VICTORIAN HOLIDAYS Saturdays, November 24th & December 1st The elegantly decorated house will host tea on the 24th & 1st at 3:30 pm ($40) call or register online to reserve a place, **payment due at time of registration** COFFEE WITH THE GENERAL ** NEW PROGRAM ** Saturday, November 3rd Come for a historic talk, discussion, and light refreshments. Author and Professor Susan Foote will be discussing her book The Crusade for Forgotten Souls. Books will be on sale at the site. $5/person The LeDuc: where all history is entertaining! For more details on these and other events at the Dakota County Historical Society visit: WWW.DAKOTAHISTORY.ORG VII-C-01 VII-C-01