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HomeMy WebLinkAboutResolution - 2002-R0006 - Agreement For Archeological Services - Museum Of TTU - 01_10_2002u Resolution No. 2002-R0006 January 10, 2002 Item No. 20 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, an agreement between the City of Lubbock and the Museum of Texas Tech University for archeological services for the City of Lubbock, and all related documents. 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 City Council. Passed by the City Council this 10th day of January , 2002. WINDY S TON, MAYOR ATTEST: Rebecca Garza City Secretary APPROVED AS TO CONTENT: -Cyom-rna Z Tommy Go alez Assistant City Manager APPROVED AS TO FORM: e'L /Vr—� William de Haas Contract Manager/Attorney Dh/Ccdocs/Archaeological Services Agreement.res Resolution No. 2002-R0006 January 10, 2002 Item No. 20 ARCHAEOLOGICAL SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement, (the "Agreement," effective as of December 1, 2001, (the "Effective Date"), is by and between the city of Lubbock, (the "City"), a Texas Home Rule Municipal Corporation, and the Museum of Texas Tech University, (the "Museum") with its principal place of business located at Fourth and Indiana, Lubbock, Texas 79409. WITNESSETH WHEREAS, the City desires archaeological services for City -owned land and Right of Way, and in particular the Canyon Lakes and Parks System, and WHEREAS, the Museum is qualified and desires to provide such archaeological services, NOW THEREFORE, for and in consideration of the terms, covenants, and conditions set forth in this Agreement, the City and the Museum hereby agree as follows: ARTICLE 1: TERM The term of this Agreement commences on the Effective Date and continues until December 31, 2006, or until terminated under the provisions set forth in Article III of this Agreement. ARTICLE 11: SCOPE OF WORK AND COMPENSATION A. General. The Museum agrees to provide archaeological services for City -owned land and Right of Way, and in particular the Canyon Lakes and Parks System, and the City agrees to pay the Museum a sum not to exceed four million (4,000,000) dollars for providing for such services. B. Attachment. Addendum A, which states the duties and obligations of both parties in detail, is attached and made part of this Agreement for the entire duration thereof. Service Agreement, City of Lubbock & the Museum of Texas Tech University Page 1 C. Services. Archaeological services will be provided on a mutually agreed upon prioritized basis and time schedule. Such services shall include, but are not limited to the following: a. Pre -field investigation. b. Survey and topographic mapping. c. Geoarchaeological investigation. d. Subsurface testing. e. Full scale excavation. f. Analysis and interpretation. g. Report of findings h. Curation. i. Educational workshops D. Project Budgets and Fees. a. Project Budgets. Each prioritized project shall have a mutually agreed upon budget. b. Fees. The City and the Museum agree that a declining rate of 15%-10%-7.5% Facilities & Administration fee shall be charged. ARTICLE III: TERMINATION AND REMEDIES In the event the City or the Museum breaches any term and/or provision of this Agreement, and fails to remedy such breach within thirty (30) days of written notice thereof from the other party, the non -breaching party shall be entitled to exercise any right or remedy available to it at law or equity, including without limitation, immediate termination of this Agreement and assertion of action for damages and/or injunctive relief. The exercise of any right or remedy shall not preclude the concurrent or subsequent exercise of any other right or remedy and all other rights and remedies shall be cumulative. The City or the Museum may, in its sole discretion, terminate this Agreement at any time after the Effective Date, with or without cause, upon ninety (90) days written notice. Notice to be given to Corbin Pemberton for the City, to Gary Edson for the Museum, and Dr. Kathleen Harris at Research Services for the University. Notice effective on mailing. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 2 ARTICLE IV: MISCELLANEOUS A. Independent Contractor. The Museum shall be deemed to be and shall be an independent contractor. Neither party is authorized or empowered to act as an agent for the other party for any purpose, and neither party shall enter into any contract, warranty, or representation as to any matter on the other party's behalf. B. Insurance. The Museum and Texas Tech University warrant and represent that Texas Tech University has adequate Worker's Compensation Insurance that is applicable to officers, employees, and agents while acting within the scope of their employment by the Museum, and the Museum and Texas Tech University have no liability insurance policy as such that can extend protection to any other person. The Museum warrants and represents that any volunteer involved with the research work is required to carry personal health and accident insurance, have appropriate inoculations, and undergo a medical exam verifying their fitness for work. Each parry hereby assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof.. C. Captions. The captions for the articles and sections in this Agreement are inserted in this Agreement strictly for the parties' convenience in identifying the provisions to this Agreement and shall not be given any effect in construing this Agreement. D. Assignability. Neither party may assign this Agreement without the prior written approval of the other party. E. Construction and Venue. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. The parties hereto hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of the State of Texas, County of Lubbock, for the purposes of all legal proceedings arising out of or relating to this agreement or the actions that are contemplated thereby. F. Severability. If any provision of this Agreement is ever held to be invalid or ineffective by any court of competent jurisdiction with respect to any person or circumstances, the remainder of this Agreement and the application of such provision to persons and/or circumstances other than those with respect to which it is held invalid or ineffective shall not be affected thereby. G. Amendment. No amendment, modification, or alteration of the terms of this Agreement shall be binding unless such amendment, modification, or alteration is in writing, dated subsequent to this Agreement, and duly executed by the Museum and the City. H. Entire Agreement. This Agreement contains the entire services agreement between the City and the Museum, and there are no other written or oral promises, conditions, warranties, or representations relating to or affecting the matters contemplated herein. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 3 EXECUTED as of the Effective Date hereof. CITY OF LUBBOCK •yor ATTEST: S�� �� 4r�. Rebecca Garza, City SecretPY APPROVED AS TO CONTENT Tommy Go zalez Assistant City Manager APPROVED AS TO FORM 1?� William de Haas Contract Manager/Attorney TEXAS TECH UNIVERSITY r Dr. obert Sweaz Vice Present for Research, Graduate Studies and Technology Transfer Service Agreement, City of Lubbock & the Museum of Texas Tech University page 4 Resolution No. 2002-R0006 ATTACHMENT A Services and Stipulations City -owned land and Right of Way, and in particular the Canyon Lakes and Parks System This attachment is a description of the professional services to be provided by the Museum of Texas Tech University (hereinafter referenced as the Museum) and the City of Lubbock, Parks and Recreation Department (hereinafter referenced as the City). The services that will be performed by the Museum will be for a five-year period, from December 1, 2001 through December 31, 2006. Because the City -owned land and Right of Way are public land, the services will be provided under the guidelines of the Texas Antiquities Code as administered by the Texas Historical Commission (Austin). Collections generated during the performance of basic services are held -in- trust at the Museum of Texas Tech University. 1. Definitions As used herein, the following terms shall have the following meanings: 1.1 "Basic services" shall mean the description of the research work as described in this attachment, under the direction of Dr. Eileen Johnson as principal investigator. 1.2 "Agreement Period" is December 1, 2001 through December 31, 2006. 1.3 "Project" shall mean the specific prioritized research work and locality. 1.4 "Volunteer" shall mean university and college students, Community and Youth individuals, and others who are unpaid crew and lab members. 1.5 "Collection" shall mean the artifacts, materials, samples, and documentation generated during a project and/or the extent of the research work under this agreement. 1.6 "Lab" shall mean the on -site lab, the lab in the Quaternary Research Center at the Lubbock Lake Landmark, or the lab in the Anthropology Division of the Museum of Texas Tech University as appropriate. 2. Research Work 2.1 The Museum shall commence the performance of basic services promptly after the effective date of this Agreement, and shall use reasonable efforts to perform such basic services substantially in accordance with the terms and conditions of this Agreement. Anything in this Agreement to the contrary notwithstanding, the City and the Museum may at any time amend the basic services by mutual written agreement. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 5 2.2 In the event the Principal Investigator becomes unable or unwilling to continue basic services, and a mutually acceptable substitute is not available, the Museum and/or City shall have the option to terminate said basic services. 2.3 Dr. Eileen Johnson will be the Principal Investigator on any permit or Memorandum of Understanding (MOU) issued for the research work by the Texas Historical Commission. 2.4 The research work is being undertaken as part of the Lubbock Lake Landmark regional research program. As such, educational and training opportunities are made available for university, college, high school, and community members and field and lab crews may be composed of volunteers supervised by experienced staff. That staff generally may be composed of student personnel (undergraduate, graduate, and recently graduated), research assistants, research aides, and research associates. 3. Basic Services to be Provided by the Museum 3.1 Pre -field investigation Compilation of pertinent information known through previous investigations in project area or region, as appropriate, to provide adequate background framework to conduct research. Sources of information examined may include, but not be limited to: previous archaeological studies, site survey forms located at the state repository in Austin, and cultural histories defined for the project area and/or in the region; geologic and pedological surveys; historical documentation and use of the area; modern impacts to the project area; and natural history of area and surrounding region. 3.2 Survey and topographic mapping Complete (100%) terrestrial pedestrian survey of project area, including the piece -point plotting and collection of all surficial cultural materials encountered, and shovel testing as appropriate. Detailed (i.e., fine-grained) topographic mapping of terrain encompassing the Canyon Lakes system and including the project areas for use in spatial analyses. 3.3 Geoarchaeological investigation Field and laboratory analysis of Quaternary geologic and pedological features within given project areas and interpretation of such features as they relate to archaeological occupations. 3.4 Subsurface testing Trench excavation using mechanical equipment (e.g., backhoe) and hand -tools of exploratory trenches and adjacent 1 m2 test units and/or isolated 1 m2 test units following testing methodology employed at Lubbock Lake Landmark in order to expose, define, and recover potential archaeological materials and samples and geological data. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 6 3.5 Full-scale excavation. Block excavation of appropriate, mutually -agreed upon cubic volume sample of sediments and delineated archaeological occupations following the excavation methodology employed at the Lubbock Lake Landmark, in order to expose, define, and recover archaeological materials and samples and geological data. 3.6 Analysis and interpretation Analysis and interpretation of artifacts, materials, and samples recovered during survey, subsurface testing, and full-scale excavation based on a theoretical framework and the derivation of appropriate research questions based on field research. Types ,of analysis will include, but not be limited to, lithic and ceramic studies, taphonomy and site formational processes, radiocarbon dating, botanical identification, obsidian sourcing, geochronology and soils, spatial configurations, and experimental work. 3.7 Reporting (letter, interim, and final) Various reports are required by the Texas Historical Commission to fulfill permit obligations. As appropriate to report type, sufficient reporting may include: maps and photographs, description of all field survey, testing, and/or full-scale excavation techniques employed, tabulation of all materials and samples recovered, data gathered during pre -field, field, and lab work phases, results of all analyses and interpretations derived from generated collections, and recommendations. 3.8 Curation The Museum is accredited by the American Association of Museums and by the Texas -based Accreditation and Review Council. The curation standards meet or exceed those of the State and Federal governments. Collections management begins in the field, where materials will be stabilized as appropriate and all documentation completed and verified. Materials brought to the lab will have their paperwork checked and coordinated, be cleaned as appropriate, additional stabilization work performed as needed, initial identification made, accessioned, cataloged, bar-coded, and data inputted into the Museum's catalog database. Provenienced matrix sediments from recovery units will be water -processed through fine -mesh screens for recovery of materials. Matrix concentrates will be inventoried, bar-coded, and boxed in standard acid -free boxes. Matrix concentrates will be sorted to remove materials from the concentrates. Those materials will have their paperwork checked and coordinated, be cleaned as appropriate, stabilization work performed as needed, initial identification made, accessioned, cataloged, bar-coded, and data inputted into the Museum's catalog database. Samples brought to the lab will have their paperwork checked and coordinated, be accessioned, bar-coded, and data inputted into the Museum's catalog database. Samples may be sent to specialists for analysis. All materials, documentation, and samples will be inventoried, packaged in appropriate archival materials, and housed in state-of-the-art museum -quality steel cabinetry or shelving in the Collections Room or Documents Room of the Anthropology Division of the Museum. All cabinets and drawers, shelves and bays, flat and vertical files, and boxes are bar-coded and linked with the inventory in order to track movement, provide access and accountability, and maintain security. Held -in -trust agreements, list of collections generated by the performance of basic services, and collections inventories will be provided to the Texas Historical Commission as required. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 7 4. Scope of Services to be Provided by the City 4.1 Letter of transmittal. 4.2 Copies of aerial photographs, satellite imagery (if available), and access to appropriate records. 4.3 Security fencing placement, expansion, and removal. 4.4 Appropriate earthmoving equipment and trained operators. 4.5 Port -a -potties and servicing. 4.6 Securable field shed. 4.7 Electricity and water services as appropriate. 4.8 Maps, specifications, and plans of project developments. 4.9 Safety engineering services and equipment for OSHA compliance. 4.10 Engineering and pumping services and equipment for below -water table testing and excavation. 4.11 Copy of resolution authorizing agreement. 5. Conferences 5.1 During the term of this Agreement, the Principal Investigator and/or other representatives of the Museum will meet with representatives of the City at times and places mutually agreed upon to discuss the progress and results, as well as ongoing plans, or changes therein, of the basic services to be performed under this Agreement. 6. Costs, Billings, and Other Support 6.1 It is agreed to and understood by the parties hereto that, subject to item 2, total cost to the City shall not exceed the sum of $4,000,000.00. Payment shall be made to Texas Tech University, Grants and Contracts, c/o Ted. W. Johnston, Manager, Box 41105, Lubbock, Texas 79409-1105, and within 15 days of billing on a quarterly basis. 6.2 A declining rate of 15%-10%-7.5% Facilities and Administration (F&A) charge is allowed. The declining rate schedule is as follows: 15% for the first 1,000,000; 10% for the second 1,000,000; and 7.5% for the remaining 2,000,000 dollars. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 8 6.3 This agreement is an umbrella agreement and spending authorization is by increment. The City will send notice to the Principal Investigator on a quarterly basis as to the total spending cap for that period. 6.4 For each mutually -agreed upon prioritized project, a budget shall be submitted to the City. The principal investigator shall be free to rebudget funds among budget categories. 6.5 Any work performed for the City since July 1, 2001, regardless of effective date of this Agreement, is covered under this Agreement. 6.4 The Museum shall retain title to any equipment purchased with funds provided by the City under this Agreement. 6.5 Anything herein to the contrary notwithstanding, in the event of early termination of this Agreement by the City, the City shall pay all reasonable costs accrued by the Museum as of the date of termination incurred prior to the effective date of termination. After termination, any obligation of the City for staff appointments shall end no later than acceptance of final reports by the Texas Historical Commission. 7. Publications 7.1 The City recognizes that under University policy, the results of Museum research must be publishable and agrees that researchers engaged in the basic services shall be permitted to present at symposia, international, national, or regional professional meetings, and to publish in journals, theses, or dissertations, or otherwise of their own choosing, methods and results of the basic services. The City is to be provided notice 1 month in advance and furnished a review copy of any proposed publication or abstract for comment. Service Agreement, City of Lubbock & the Museum of Texas Tech University page 9