Loading...
HomeMy WebLinkAboutResolution - 101173Aa - Cooperative Agreement - TTU - LBK Lake Site - 10_11_1973RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorize6a.n directed to execute for and on behalf of the City of Lubbock a Cooperative Agree- ment between the City of Lubbock and Texas Tech University for excavation and research of Lubbock Lake Site, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall consti tute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 1 1 th day of October 1973. MORRIS W. TURNER, MAYOR ATTEST: Lave 'a Lowe, City Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. ,/City Attorney THE STATE OF TEXAS § COUNTY OF LUBBOCK § COOPERATIVE AGREEMENT BETWEEN THE CITY OF LUB13OCK TEXAS TECH UNIVERSITY FOR EXCAVATION AND RESEARCH OF THE LUBBOCK LAKE SITE THIS Agreement entered into this day between the CITY OF LUBBOCK, a Horne Rule Municipal Corporation, acting by and through its Mayor, herein called CITY, and TEXAS TECH UNIVERSITY, acting by and through its executive vice-president, herein called UNIVERSITY; WITNESSETH: This agreement is entered into specifically through the Cooperative efforts between the Museum of Texas Tech University under the direction of Dr. Craig C. Black a nd the Parks and Recreation Department, City of Lubbock represented by Mr. John Alfoi Mutual terms and conditions are as follow: 1. The Museum of Texas Tech University will provide all personnel, materials, and supplies necessary to perform excavation and research archeological and paleontological specimens at the Lubbock Lake Site Project. Project performance will bf the responsibility of and under the direction of Dr. Craig C. Black as Project Director it accordance with the attached proposal and research description, 2. All specimens, artifacts, materials, and samples, plus a duplicate col of original field notes, maps, drawings, and photographs resulting from the investigation remain the property of the State of Texas. The Antiquities Committee will determine the depository of all artifacts, specimens, materials, and data recovered upon publication of a report of investigations, 3. The performance period of this Agreement shall be September 1, 1973 through August 31, 1974 and may be amended through mutual agreement between. Texas Tech University and the City of Lubbock. Either party shall have the option to extend this Agreement for an additional period of one year upon conditions agreed to at such time, Notice of desire to exercise the extension option shall be given to the other party hereto at least thirty (30) days prior to the expiration of the original term. 4. The University shall have the right of ingress and egress to such props to perform these archeological and paleontological excavations consistent with the permit granted by the City, and the Antiquities Committee. Upon completion of the archeologica and paleontological excavation the surface configuration will be left in a condition con- sistent with good scientific practices for such excavation and the University shall be unde no further obligation to restore or further develop the project site. 5. The City of Lubbock shall reimburse and pay to Texas Tech University a s compensation for the services to be performed and rendered hereunder the sum of $28,500.00 Dollars payable in twelve equal monthly installments of $2,375.00 Dollars each, the first said installment to be paid on or before the 30th day of September r' 1973, and each successive montbly installment in the amounts as provided above shall be paid on the last day of each successive month thereafter, until fully paid, provided how- ever, should this Agreement be terminated as hereinafter set forth the payment amount shall accrue up to and through the final date of termination and such accrued amount shall be due and payable on such final date of termination. The payments stated above are con- ditioned upon the receipt by the City of Lubbock of contributing funds to be furnished by Lubbock County and the State of Texas. 6. The University shall assume liability and responsibility for the actions of all its principals, agent s,pers onnel who are engaged for any of the service performed under this Agreement, as authorized and permitted by the Texas Tort Claims Act. 7. This Agreement may be terminated by either party upon thirty (30) day written notice to the othei'party. 8. All capital improvements including buildings, tools and equipment, which are purchased with funds paid by the City shall become and remain the property of the City of Lubbock and shall be returned to the control and possession of the City upon termination or expiration of this Agreement.. EXECUTED this 11 th day of October 1973. CITY OF LUBBOCK MORRIS W.TURNER MAYOR ATTEST: Lavenia Lowe,. City Secretary -Treasurer APPROVED AS TO FORM: `Fred O. Senter, Jr , pity Attorney TEXAS TECH UNIVERSITY DR. GLENN E. BARNETT EXECUTIVE VICE PRESIDENT Freda Pierce, -Secretary, Board of Regents