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HomeMy WebLinkAboutResolution - 5163 - Master Plan - Southwest Museum Services - Permanent Exhibition, Buddy Holly - 04/18/1996RESOLUTION NO. 5163 April 18, 1996 Item #9 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 and SOUTHWEST MUSEUM SERVICES, for the completion of a Master Plan for the permanent exhibition of the Buddy Holly collection which agreement is attached hereto, 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 this i ATTEST: Betty A Johns , City Secretary � AS TO CO Carolyn Aliamus, Dire ,tor of Culture &Leisure APPROVED AS TO FORM: - - 6ald G. Vati-diver, First Assistant City Attorney 85om%sms.pa April 8,19% STATE OF TEXAS Resolution No -5163 April 18, 1996 Item #9 PROFESSIONAL SERVICES AGREEMENT BUDDY HOLLY PERMANENT EXHIBITION This Agreement entered into between the CITY OF LUBBOCK, HEREINAFTER CALL "CITY" and SOUTHWEST MUSEUM SERVICES, hereinafter called `CONTRACT', for the completion of a Master Plan for the permanent exhibition of the Buddy Holly collection. CONTRACTOR hereby agrees to conduct Phase I of the Master Plan immediately, including: 1) Evaluation/clarification of mission and statement of purpose. 2) Use of the proposed site with recommendations and provisions for a gift shop/visitor information center, visitor services, temporary exhibition areas, and relationship to the permanent exhibition of the Buddy Holly memobrailia. 3) Recommendations on climate control consistent professional museum operations. 4) Recommendations on physical security of the facility and the permanent exhibition of Buddy Holly memorabilia including adequate safeguards against preparedness plan. 5) Recommendations on policies and procedures for collections management, proper storage and conservation, and a record keeping system that meets current professional museum standards. 6) Recommendations on future educational programming in association with the permanent exhibition of Buddy Holly memorabilia. 7) Preliminary floor plans along with five color elevation drawings of the Buddy Holly permanent exhibition. 8) Recommendations on research and development of storyline and concepts for the permanent exhibition of the Buddy Holly memorabilia. 9) Recommendations on membership and volunteer programs. 10) Recommendations on fund-raising for capital improvements and operations and maintenance. CONTRACTOR further agrees to conduct Phase It of the Master Plan once fund-raising for Phase II is completed. Phase II of the Master Plan will include: 1) A review of the preliminary drawings completed during Phase I; 2) Review of the space available for the Buddy Holly permanent exhibition; 3) Research of objects available for exhibition; 4) Preparation and review of comprehensive design and elevation concepts for the permanent exhibition; 5) Preparation of final and review of final exhibit design; 6) Final adjustments to drawins and preparation of presentation package. It is recognized that the CONTRACTOR will work closely with the CITY in completion of all phases of the Master Plan. To that end, the CONTRACTOR agrees to meet with representatives of the CITY. It is also agreed that Phase I of the Master Plan shall be complete and submitted in final form to the CITY in no more than forty-five (45) days after the start up of Phase I, and Phase H will be completed in no more than one hundred fifty (150) days after the start-up of Phase II. The CITY shall reimburse the CONTRACTOR for services in an amount not to exceed $1$,000 for Phase I and $39,700 for Phase II payable in the following manner. STAGE I A. One third upon execution of this agreement by both parties. B. One third 3 weeks after the startup of the Master Plan (midpoint) as a progress payment and a progress report has been submitted. C. One third upon completion and approval of the Master Plan. STAGE II A. One third upon startup of Phase H of Master Plan. B. One third (midpoint) after startup of Phase II of the Master Plan as a progress payment, and once a progress report has been submitted_ C. One third upon completion and approval of the Phase II of the Master Plan. It is understood that all expenses which SMS incurs in the course of the project including accommodations, mileage, and other on-site incidental expenses including meals will be the responsibility of the CONTRACTOR. It shall be the responsibility of CONTRACTOR to obtain any required tax permit from the State of Texas and to submit tax moneys to the State as required. CONTRACTOR shall provide CITY a copy of any required tax permit. CONTRACTOR shall not assign this Agreement without the written consent of the CITY. CONTRACTOR shall hold CITY and its representatives harmless from all suits, actions or claims of any kind brought by any person whatsoever in consequence of any neglect in safeguarding the work of any act or omission by CONTRACTOR or its employees, or from any claims or amounts whatsoever arising or recovered under any law, bylaw, ordinance, regulation, order or decree, whatsoever in consequence of any act, neglect or omission by the CONTRACTOR or its agents or employees arising out of this Agreement. CONTRACTOR shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect or misconduct of CONTRACTOR or its agents or employees in the manner or method of performing the work in this Agreement. During the performance of the Contract, CONTRACTOR agrees as follows: A. CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. CONTRACTOR shall ensure that applicants for employment and employees are treated without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. B. CONTRACTOR shall comply with the Americans with Disabilities Act of 1990 and shall not discriminate against a qualified 'individual in regard to job application procedures, the hiring advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. Either party may terminate this agreement upon 30 days written notice to the other party. The laws of the State of Texas shall have SOUTHWEST MUSEUM SERVICES: B X'�/'�Llj DGV:gs d 11A -HOLLY. doc is agreement. AVID R. EANOSTON, ATTEST: ACOL, Kk aLoj Betty Johnson, ity Secretary Aliamus, of Culture & Leisure 'APPROVED AS TO FORM: nald G. Vandiver, First Assistant City Attorney