HomeMy WebLinkAboutResolution - 021375E - Cooperative Agreement - TTU - Excavation_Research, Lubbock Lake Site - 02_13_1975Zvi :
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 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 constitute and be a part of
this Resolution as if fully copied herein in detail.
Passed by the City Council thisj_3th day Of February , 1975.
ROY BA
ATTEST:
e� e
TREVA PHILL PS, TY SECRETARY -TREASURER
APPROVED AS TO FORM:
FRED O. SENTER, JR. , CITY A ORNEY
THE STATE OF TEXAS X
X
COUNTY OF LUBBOCK X
COOPERATIVE AGREEMENT BETWEEN THE CITY
ON
LUBBOCK LAKE SITE
'THIS Agreement entered into this day between the CITY
OF LUBBOCK, a Home Rule Municipal Corporation, acting by and
through its Mayor, herein called CITY, and TEXAS TECH UNIVER-
SITY, acting by and through its Executive Vice -President, here-
in called UNIVERSITY;
W I T N E S S E T H
THIS Agreement is entered into specifically through
the Cooperative efforts between the Museum of Texas.Tech Univer-
sity under the direction and supervision of Dr. M. E. King and
the Parks and Recreation Department, City of Lubbock,. under the
direction and supervision of the City Manager, N. B. McCullough',
or his designated representative; mutual terms and conditions
are as follows-
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 be the responsibility of and under the direction of Dr. M. F..
King as Project Director in accordance with the attached pro-
posal and research description.
2. All specimens, artifacts, materials, and 'samples,;
plus a duplicate copy of original field notes, maps, drawings,"
and photographs resulting from the investigations 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 ,
January 1, 1975 through August 31, 1975 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 con-
ditions 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 property to perform these archeological
and paleontological excavations consistent with the permits -
granted by the CITY, and the Antiquities Committee. Upon
completion of the archeological and paleontological*excavation
the surface configuration will be left in a condition consistent
with good scientific practices for such excavation and the
UNIVERSITY shall be under no further obligation to restore or
further develop the project site.•
s
5. The City of Lubbock shall reimburse and pay to
Texas Tech University as compensation for the services to be
performed and rendered hereunder the sum of $36,600.00 DOLLARS
payable in eight (8) equal monthly installments of $4,500.00
DOLLARS each, the first said installment to be paid when funds
are available, and each successive monthly installment in the
amounts as provided above shall be paid on the last day of each
successive month thereafter, until .fully paid, provided, however
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 conditioned 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,respon-
sibility for the actions of all its principals, Agents, personnel
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 other 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 13th DAY OF February , 1975.
CITY OF LUBBOCK
ROY BASS, MAYOR
ATTEST:
Trevor Phillips, C1 y.Secretary-Treasurer
APPROVED AS TO FORM:
,
Senterr, Jr., Cit ttorney
TE TECH UNIVERSI Y
I A_L��
DR. GLENN E. BARNETT
1 EXECUTIVE VICE PRESIDENT
Freda Pierce, Secretary, Board of Regents