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HomeMy WebLinkAboutResolution - 4124 - Cooperative Agreement - TTU - DMF Art Gallery, Museum Of TTU - 04_08_1993Resolution No. 4124 April 8, 1993 Item #33 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Cooperative Agreement with the Texas Tech University for a $50,000.00 contribution by the City of Lubbock to the University toward the construction of a gallery at the Museum of Texas Tech University to house a collection of works of art from the Diamond M Foundation. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: AQJ-4k�� etty M.'Johnsirn, City Secretary APPROVED AS TO CONTENT: assengaie, Asses anager APPROVED AS TO FORM: Linda L. C ama es, Assistant City Attorney LLC.js/AG-TTU.RES D2-Agenda/March 18, 1993 Contract No. MU1339 Resolution No. 4124 April 8, 1993 Item #33 THE STATE OF TEXAS § COOPERATIVE AGREEMENT COUNTY OF LUBBOCK This Agreement is made and entered into by and between the CITY OF LUBBOCK, hereinafter referred to as the "CITY," and TEXAS TECH UNIVERSITY, for the Museum of Texas Tech University, hereinafter referred to as the "UNIVERSITY," all acting herein by and through their duly authorized officers and officials. WHEREAS, it is in the best interest of the citizens of the City of Lubbock to enhance visitor enjoyment and public aware- ness of the Museum of Texas Tech University; and WHEREAS, the Diamond M Foundation has proposed to give the Museum of Texas Tech University a collection of outstanding works of art provided a gallery is constructed to exhibit the objects; and WHEREAS, visitor enjoyment, public awareness and educa- tional processes will be enhanced by the addition of this collection of art works; and WHEREAS, the CITY has heretofore agreed to participate in the funding required to construct the gallery and the UNIVERSITY has heretofore made a funding request, including acceptance of responsibility for the design, selection of architect or architects, and general overseeing of the project; and WHEREAS, funding of such projects is authorized by Sections 351.101 and 351.103 of the Tax Code; NOW THEREFORE: WITNESSETH The parties hereto mutually agree that such financial assistance shall be provided and accepted upon the following terms and conditions, to -wit: 1. CONTRIBUTION. The CITY shall contribute a total sum of not more than FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00) to the UNIVERSITY to be used in connection with the project. This sum will be paid in increments to the UNIVERSITY upon receipt of invoices for expenditures neces- sary to complete the gallery at the Museum of Texas Tech University for which City funds are being expended. Such payments shall be made within tea (10) days of receipt of an invoice. Payment of such invoices shall be subject to the contingencies contained herein. 2. DUTIES OF UNIVERSITY. The University shall be responsible for the following matters: (A) Obtaining sufficient funding to complete that portion of the project for which CITY funds are being expended within three (3) years of the effective date of this Agree- ment. (8) Selection of the architect(s), including identification of candidate architect(s) with demonstrated skills in this type of work, acceptance of models meeting specifi- cations, and contracting for the design work. (C) Overseeing construction of the gallery with coordination between the architect(s) and construction firm. (D) Development and printing of promotional brochures on the project. 3. INDEMNIFICATION. The parties hereto agree to be responsible for the actions of their own mem- bers, agents or employees and to hold the other party harmless from any claims, damages or lia- bility of any nature whatsoever stemming from activities of its members, agents or employees undertaken pursuant to this Agreement, only insofar as the laws and Constitution of the State of Texas allows. 4. TERMINATION. This Agreement may be terminated by the CITY for violation of the terms of the Agreement. Written notice of each violation shall be mailed to the UNIVERSITY by certified mail. In the event UNIVERSITY fails to correct the listed violations within thirty (30) days, CITY may give written notice that the Agreement has been terminated. Following delivery of the Notice of Termination, CITY shall have no fur- ther liability for payments to the UNIVERSITY. 5. CONDITION PRECEDENT. No payments shall be made and this Agreement shall not be effective prior to April 1, 1993. 6. NO PRIVITY OF ENDEAVOR. It is specifically agreed that there shall be no privity of endeavor whatsoever between the CITY and the UNIVERSITY and that the sole connection between COOPERATIVE AGREEMENT/TEXAS TECH --- PAGE 2 --- them is the contribution of money and the provi- sion of services under the restricted conditions stated herein set forth and that such contribution and services are for the sole pur- pose set forth herein, and it shall in no way be construed as a continuing basis for financial support. 7. ENTIRE AGREEMENT. This instrument constitutes the entire Agreement between the parties hereto, and this instrument may only be altered, changed or amended by written agreement of the parties. EXECUTED in multiple counterparts, each of which is an o ' inal on this the 8th day of April 1993. Y OF OCR• TEXAS TECH UNIVERSITY: -0 h-cm �E L" ___1 'CAVID R. LANGSTON, MAYOR DON E. COSBY, VICE ESIDENT FOR FISCAL AFFAIR ATTEST: &te�'_ )� C)2:( '� tettyu M. John n City Secretary APPROVED AS TO CONTENT: bert Massengale Assistant City Manager APPROVED AS TO FORM: Linda L. Chamales Assistant City Attorney LLC:js/AG-TTU.DOC D6-ContsAgmts/rev. 03/24/93 COOPERATIVE AGREEMENT/TEXAS TECH --- PAGE 3 --- z,. DIAMOND M FINE ART GALLERY PROPOSAL Impact of the Gift: PREPARED FOR THE CITY OF LUBBOCK Museum of Texas Tech University $50,000 The requested gift will help to complete the $400,000, challenge grant provided by the Diamond M Foundation for construction of the Diamond M Fine Art Gallery at the Museum of Texas Tech University. The total cost of construction will be $890,000. The majority of the money has already been pledged. Approximately $90,000, remains to be raised. The Diamond M Foundation has offered a gift of 350 works of art to the Museum on the condition that a new gallery be constructed to house and exhibit the collection. The collection has a market value of approximately $4,000,000. The Diamond M Fine Art Gallery will provide an excellent facility for exhibiting the Diamond M Fine Art Collection. The Collection (currently on loan to the Museum) is seen by 200,000, persons each year. Over 50,000, school children from LISD and the surrounding school districts have viewed the works of art during the past two years. The new gallery will expand the opportunity for both formal and informal programming based on the works of art of the Diamond M Fine Art Collection. Is M.- E= Diamond M Fine Art Gallery Concept: The important contribution the Diamond M Fine Art Collection can make to the Lubbock community and West Texas can best be realized if the works are exhibited in the most appropriate setting. The true value of the Collection must be described in terms of the works of art and to enhance the availability of this collection for public viewing, a Diamond M Fine Art Gallery is proposed. The Museum staff has considered various options for housing the collection and creating a gallery befitting the paintings, prints, sculptures, jades and ivories. The concept put forward by the original architect of the Museum appears to be the most appropriate. This plan calls for a gallery to be constructed east of the space designated as Heritage Hall and between the main Museum building and the Collection Storage Wing. This area will provide 5,400, square feet of exhibition space and an equal amount of necessary storage space in the basement for a total of 10,800, square feet. On the basis of a current estimate, the construction cost will be $890,000 plus architectural planning and administrative charges. To determine the exact construction cost, a complete set of working plans is required. Proposal: A project of this scale during a period of economic constraint indicates the importance placed on the Diamond M Fine Art Collection by the leadership of Texas Tech University. To assist in moving the fund raising activities forward, Texas Tech requested and received a $400,000, challenge grant from the Diamond M Foundation. The conditions of the gift, both the fine art collection and the grant, are that the challenge be met by December 1993. Due to the generosity of the citizenry of Lubbock and the support of the West Texas Museum Association most of the money has been raised. Approximately $90,000, is still outstanding. Once the total funding is achieved, the approval process will require six to eight months. The completing date for the gallery will depend on the availability of funds and the time required for planning, approval, and construction. Summary: Texas Tech University wishes to receive the Diamond M Fine Art Collection and to exhibit it in a way that will present the art in the best manner. The addition of this important collection of regional, national, and international artists, including 19 major works of art by the master illustrator N.C. Wyeth, will strengthen the cultural base of our community. At a time when enhancement of the quality of life is a point of civic pride there are few investments that provide an equivalent dividend. Funding assistance for this project from the City of Lubbock will signal to both the people of West Texas and the nation at -large a commitment to cultural, as well as, economic growth. C TEXAS TECH U N I V E R S I T Y JL MUSEUM OF TEXAS TECH UNIVERSITY Fourth and Indiana Avenue Box 43191 Lubbock, TX 79409-3191 G-7 (806) 742-2442 - FAX (806) 742-1136 February 8, 1993 Ms. Rita Harmon City Manager's Of Ice City of Lubbock 1625 13th Street Lubbock, TX 79457 Dear Ms. Harmon: Enclosed is a proposal for financial assistance to be presented to the City Council on behalf of the Museum of Texas Tech University. The request is for $50,000 to meet the challenge established by the Diamond M Foundation. As is stated in the attached document, the Diamond M Foundation has proposed to give the Museum a collection of outstanding works of art provided a gallery is constructed to exhibit the objects. The value of the art is approximately 4,000,000. In addition to the collection, they pledged $400.000 toward the construction of the gallery and challenged the Museum to meet the remainder of the cost. The construction estimate is $890,000. Toward that goal the Museum has pledges for the following amounts: Diamond M Foundation Challenge Grant $400,000 Helen Jones Foundation CH Foundation West Texas Museum Association $400,000 Total $800, 000 Construction Cost $890,000 Outstanding Fund Balance $ 90,000 We respectfully request the City Council provide the $50,000 to help complete the project and bring this outstanding collection to Lubbock. The challenge must be met by the end of 1993 or the artwork is to be returned to the Diamond M Foundation. Thank you for considering this request. If I may provide additional information please contact me at 742-2442. Since y Gary Edso Executive Director An Affirmative Action Institution �i