HomeMy WebLinkAboutC2012-270 - 8/21/2012 - ApprovedPROFESSIONAL SERVICE
MANAGEMENT AGREEMENT
FOR THE
CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
BETWEEN
CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI MUSEUM JOINT VENTURE
2012 -270
8/21/12
M2012 -156
CC Museum Joint Venture
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INDEXED
ARTICLE 1
DEFINITIONS
"Advisory Board" 14
"Affiliate" 14
"Annual Report" 14
14
"Auxiliary" 14
"Business Day" 14
"Capital Campaign" 14
"Code" 14
"City" 14
"City Council" 15
"City Documents" 15
"City Employees" 15
"Collection Committee" 15
"Collection Fund" 15
"Depository" 15
"Effective Date" 15
"Emergency Expenditure" 15
"Employee Transition Plan" 15
"Facility Improvement Expenditures" 15
"First - Class" 15
"Fiscal Year" 16
"Friends of the Museum" 16
"General Manager" 16
"Gross Revenue" 16
"Gross Revenue Benchmark" 16
"Gross Revenue Deficiency" 16
"Internal Strategic Objectives" 16
"Long -Range Plan" 17
"Management Fees" 17
"Museum" 17
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"Museum Collection" 17
"Museum Collection Manager" 17
"Museum Department" 17
"Museum Director" 17
"Museum's Mission" 17
"Museum Purposes" 17
"Operating Expenses" 17
"Operations Manual" 18
"Operating Support Payment" 18
"Outside Caterers" 18
"Outside Catering Agreement 18
"Parking Lots" 18
"Personal Property Expenditures" 18
"Preexisting Condition" 18
"Premises" 19
"Property" 19
"Routine Repair and Maintenance" 19
"Transferred Employees" 19
"THC" 19
ARTICLE 2
INTRODUCTION
2.1 Term 19
2.2 Option to Extend Terms 19
2.3 Grant of Authority. 19
2.4 Nature of Relationship. 19
2.5 Contract Administrator 19
ARTICLE 3
MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY
3.1 Premises 20
3.2 Personal Property. 20
(a) Vehicle and Forklift Assigned to Museum 20
3.3 Use of the Premises 20
(a) Required Use. 20
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(b) Prohibited Use. 20
(c) No Illegal Uses or Nuisances. 20
3.4 Parking Lot Use 21
3.5 Occupancy Hours 21
ARTICLE 4
EXISTING THIRD -PARTY AGREEMENTS
4.1 Existing Third -Party Agreements 21
ARTICLE 5
OPERATIONS
5.1 CCM.N Responsibility. 21
5.2 Museum Mission 22
(a) Internal Strategic Objectives. 22
5.3 City Operations Support Payments. 22
(a) Operations Account 22
(b) Operation Support Payment 23
(c) Advancing of Funds for Operation Support. 23
(d) Modification of Operating Support Payment due to Wage Increase 23
(e) Modification of Operational Support Payment due to Savings 23
(f) Over Budgeted Expenses 24
(g) Unbudgeted and Under Budgeted Expenses 24
5.4 City Paid Expenses 24
(a) City Employee Salaries and Wages 24
(b) City Provided Services. 24
(1) Municipal Information Systems Services 24
(2) Building Maintenance Service. .24
(3) Fleet Services. 24
(c) Electricity. 25
(1) Conditions Affecting Electricity Usage 25
(2) McKinstry Essention Inc Notification 25
5.5 City Procurements 25
(a) Computers Procurement. 25
(b) Multifunction Copier Procurement 25
(c) Dumpster Service Procurement. 25
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(d) Elevator Maintenance Procurement 25
5.6 Museum Accounts. 26
5.7 Consolidated Bill. 26
5.8 Water, Gas, and Waste Water. 26
5.9 Proportionate Year. 26
ARTICLE 6
LONG -RANGE PLAN
6.1 Long -Range Plan. 26
ARTICLE 7
ACCREDITATION, CERTIFICATION, LICENSING, AND PERMITS
7.1 Required Accreditation and Certification. 26
7.2 Licenses and Permits 26
7.3 City Representations. 27
ARTICLE 8
MUSEUM COLLECTION MANAGEMENT
8.1 Collection Inventory. 27
8.2 Collection Management Policy 27
8.3 Deaccession of Collection 27
8.4 Deaccessioned Objects. 27
(a) Disposal by Sale. 28
(b) Disposal by Exchange or Donation 28
(c) Disposal by Transfer. 28
(d) Donor Notification. 28
8.5 Acquisitions, Loans, and Destructive Analysis of Collections. 29
ARTICLE 9
TECHNICAL APPEAL PROCESS
9.1 Technical Appeal Process 29
ARTICLE 10
NEW FACILITIES OPERATING AND MAINTENANCE COSTS
10.1 New Facilities Operating and Maintenance Costs 29
ARTICLE 11
ADMISSIONS
11.1 Admissions 29
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11.2 Access. 30
11.3 Admissions Tax. 30
ARTICLE 12
PURCHASES OF SUPPLIES AND SERVICES
12.1 Purchase of Supplies and Services 30
12.2 Contacting Historically Underutilized Businesses 30
12.3 Expenditures in Excess of Ten Thousand Dollars ($10,000) 31
12.4 CCMJV Municipality Status 31
ARTICLE 13
FACILITY IMPROVEMENTS AND ALTERATIONS
13.1 Facility Improvements and Alterations 31
13.2 Facility Improvement Plan 31
13.3 Facility Improvements Approval Process 31
13.4 Approved Facility Improvements and Alterations 32
13.5 Title to Improvements 32
13.6 CCMSV's Personal Property. 32 "
ARTICLE 14
ENGINEERING, STRUCTURAL AND LAYOUT STUDIES
14.1 Structural Engineering Report. 32
14.2 Studies 33
ARTICLE 15
ADVERTISING
15.1 Museum Advertisement 33
15.2 Advertisement Reimbursement 33
ARTICLE 16
NAMING RIGHTS
16.1 Museum Name 33
16.2. Donation Acknowledgement. 33
ARTICLE 17
MAINTENANCE
17.1 General Maintenance 33
17.2 Random Inspection. 34
17.3 In -Kind Maintenance. 34
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17.4 Contractor Insurance 34
ARTICLE 18
STAFFING AND EMPLOYEES
18.1 Generally 34
18.2 CCMJV Supervision of Employees. 34
18.3 Employees 35
18.4 Employee Transition Plan 35
18.5 Payroll and Taxation. 35
, (a) City Payroll Until Transition 35
(b) CCMJV Payroll After Transition. 35
ARTICLE 19
GOVERNANANCE
19.1 Governance. 35
ARTICLE 20
ROLES
20.1 Advisory Board. 36
20.2 General Manager 36
20.3 Museum Director. 36
20.4 Museum Collection Manager 36
20.5 Museum Registrar 36
20.6 Museum Librarian 36
20.7 Museum Educator (Head Curator) 37
20.8 Museum Education Assistant 37
20.9 Science Exhibit Project Manager. 37
20.10 History Exhibit Project Manager. 37
ARTICLE 21
PROFESSIONAL STAFF
21.1 Minimum Professional Staff. 38
21.2 Modification of Minimum Professional Staff. 38
21.3 Minimum Qualification and Experience for Professional Staff 38
(a) Museum Director's Minimum Qualifications. 38
(b) Museum Collection Manager Minimum Qualifications 38
(c) Museum Registrar Minimum Qualifications 38
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(d) Museum. Librarian Minimum Qualifications 38
(e) Museum Educator Minimum Qualifications. 39
(f) Museum Educator Assistant Minimum Qualifications. 39
(g) Science Exhibit Project Manager Minimum Qualifications. 39
(h) History Exhibit Project Manager Minimum Qualifications. 39
21.4 Waiver of Minimum Qualifications 39
ARTICLE 22
FISCAL MATTERS
22.1 Capital Campaign. 39
22.2 Miscellaneous Fees and Prices 39
22.3 Franchises or Concessions. 40
22.4 Solicitation of Private and Public Funding. 40
22.5 Grant Funding. 40
ARTICLE 23
PROHIBITED TRANSACTIONS AND BENEFITS
23.1 Benefits to Organizations 40
23.2 Memberships 40
23.3 Benefits to Individuals. 40
ARTICLE 24
REVENUE
24.1 Revenue Account 41
24.2 Revenue Withdrawals. 41
24.3 General Fund Revenue 41
24.4 Gross Revenue Deficiency 41
24.5 Proportionate Year 41
ARTICLE 25
FACILITY IMPROVEMENT REIMBURSEMENT
25.1 Excess Revenue. 42
25.2 No Excess Revenue. 42
25.3 Long Term Plan 42
25.4 Unreimbursed Facility Improvement Expenditures 42
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ARTICLE 26
MANAGEMENT FEE
26.1 Management Fee 42
ARTICLE 27
REPORTING OBLIGATIONS
27.1 Annual Report for Financial Accounting 43
27.2 Annual Plan 43
27.3 Supplementary Reports 43
(a) Quarterly Reports. 43
(b) Annual Report for Expenditures 43
(c) Monthly Report . 43
27.4 Annual Independent Audit 43
27.5 Reconciliation of Accounts 43
ARTICLE 28
BOOKS AND RECORDS
28.1 Financial Records. 44
28.2 City Audit Participation. 44
ARTICLE 29
CCMJV CODE OF ETHICS
29.1 CCMJV Code of Ethics. 44
29.2 Ethics Report 44
ARTICLE 30
INSURANCE
30.1 Liability Insurance. 44
(a) Commercial General Liability Insurance. 44
(b) Business Automobile Liability Insurance. 45
(c) Liquor Liability Insurance 45
(d) .Crime and Fidelity Coverage 45
(e) Workers' Compensation and Employers' Liability. 45
30.2 Policy Rating and Primary Insurance Requirements. 45
30.3 Policy Requirements. 45
30.4 Proof of Policy 46
30.5 Request of Policy. 46
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30.6 Commencement of Work 46
30.7 Primary Insurance. 46
30.8 Liability Insurance Modification. 47
30.9 Policy Renewal. 47
30.10 Failure to Insure 47
30.11 Property Insurance. 47
30.12 Business Interruption Insurance 47
30.13 Waiver of Subrogation 47
30.14 Payment of Damages. 47
30.15 Report of Accident 47
30.16 Proceeds of Casualty Insurance. 48
ARTICLE 31
REPRESENTATIONS AND WARRANTIES
31.1 Representations and Warranties 48
(a) Mission 48
(b) Formation 48
(c) Authority 48
(d) Conflicts and Consents 49
(e) Conflict with Orders, etc. 49
(f) Litigation 49
ARTICLE 32
FORCE MAJEURE
32.1 Force Majeure. 49
ARTICLE 33
INDEMNITY
33.1 Indemnification and Hold Harmless. 50
33.2 Relationship to Insurance Obligations 50
ARTICLE 34
DEFAULT; TERMINATION OF AGREEMENT; REMEDIES
34.1 Termination by City 50
34.2 Termination by CCMJV. 51
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ARTICLE 35
SURRENDER OF PREMISES
35.1 Surrender of Premises; Transition. 5 I
ARTICLE 36
HAZARDOUS MATERIALS
36.1 Definitions. 52
(a) "Environmental Laws" 52
(b) "Hazardous Material" 52
(c) "Release" 52
36.2 No Hazardous Materials. 52
36.3 CCMJV's Environmental Indemnity 53
ARTICLE 37
ASSIGNMENTS; SUBCONTRACTING
37.1 Assignments; Subcontracting 53
ARTICLE 38
NOTICES
38.1 Notices. 53
ARTICLE 39
COMPLIANCE WITH LAWS
39.1 Generally. 54
39.2 Preexisting Conditions 54
39.3 Americans with Disabilities Act. 54
39.4 Non - Discrimination Ordinances. 55
ARTICLE 40
TAXES, ASSESSMENTS, LICENSES, PERMIT FEES, AND LIENS
40.1 Taxes, Assessments, Licenses, Permit Fees, and Liens. 55
40.2 Sales Tax 55
40.3 Unpaid taxes. 55
ARTICLE 41
MISCELLANEOUS
41.1 Liability of the City 55
41.2 Liability of CCMJV. 56
41.3 Liens. 56
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41.4 Parties and Their Agents 56
41.5 Dispute Resolution 56
41.6 No Implied Waiver. 56
41.7 Headings and Subheadings. 57
41.8 Successors and Assigns. 57
41.9 Access to Museum. 57
41.10 Relationship of Parties. 57
41.11 Agreement Made in Texas. 57
41.12 Integrated Agreement; Modification 57
41.13 Counterparts. 57
41.14 Exhibits. 57
41.15 Non - Liability of Officials, Employees, and Agents. 57
41.16 Time of Essence 58
41.17 Survival of Indemnities 58
41.18 Good Faith Dealings. 58
41.19 Severability 58
EXHIBITS
Exhibit A - Museum Premises
Exhibit B - Museum Parking Lot Diagram
Exhibit C - Current Accreditation and Certification
Exhibit D - Licenses and Permits
Exhibit E - Collection Management Policy
Exhibit F - Museum Deaccession Process
Exhibit G - Technical Appeal Process
Exhibit H - Admission Fees
Exhibit I - Capital Improvement Process
Exhibit J - Governance
Exhibit K - City Wide Insurance Policy Coverage
Exhibit L - Museum Value for City Insurance Policy Coverage
Exhibit M — Facility Use Policy
Exhibit N — Energy Cost Savings Guarantee
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CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY PROFESSIONAL SERVICE
MANAGEMENT AGREEMENT
This Corpus Christi Museum of Science and History Professional Service Management
Agreement (the "Agreement ") is entered into as of the day of
2012,between the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation (the
"City ") and Corpus Christi Museum Joint Venture, LLC, a Texas limited liability company
( "CCMJV ").
RECITALS
I. The City, acting through its duly authorized City Manager ( "City Manager "), currently
owns the Corpus Christi Museum of Science and History (the "Museum "), together with all
facilities, machinery, attachments, appurtenance, collections, artifacts, and exhibits, located in
the City of Corpus Christi. The Museum is located at 1900 N. Chaparral Street owned by City
and described in greater detail in Exhibit "A ", which is attached; and
11. CCMJV is an organization whose principals have substantial experience and expertise in
the management, operation, and marketing of amusement services; and
III. The Corpus Christi Museum of Science and History Advisory Board, as set forth in the
Board minutes of the 7th day of June, 2012, approved a recommendation to the City Council
supporting a process that results in a 24 month private /public partnership to operate the Museum
with the following stipulations:
- Mission of the Museum will be sustained
- City retains ownership of Museum land, facilities, and structures
- City retains ownership of Museum collections which must remain accessible to the public
- City holds the 2012 budget flat for 24 months to support the Museum
- City annually budgets HOT tax funding to support Museum advertising
- The Museum must be operated in a manner that sustains accreditation by the American
Association of Museums and certification as an archeological repository by the Texas Historical
Commission; and
VI. It is the City's intention that the Museum be operated in a First -Class and fiscally
responsible manner with the objectives of creating a modern edutainment Museum that will
appeal to both children and adults while maintaining the established history and science mission
of the Museum, as well as the certification and accreditation; minimizing financial operating
requirements required from public funds; and, in general, maximizing the utilization of the
Museum for the benefit of the City, while minimizing, to the extent practical, the net cost to the
City.
NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth and for
other good and valuable consideration, the receipt and sufficiency of which are acknowledged,
the parties agree as follows:
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AGREEMENT
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
"Advisory Board" shall mean the Corpus Christi Museum of Science and History Advisory
Board assembled under the authority of City Ordinance 2 -90. The Advisory Board is assembled
to serve as an advisor to the Museum department and to the City Council in matters of support
and development of the Museum. The board may adopt comprehensive policies relating to the
management of collections, acquisitions for the collections, disposition and the deacquisition of
objects in and for the collection, and use of Museum facilities.
"Affiliate" shall mean with respect to any corporation, partnership or other entity, any other
such entity which is and at all times remains Controlled (as hereinafter defined) by, under
common Control with or which Controls the first such entity, and (ii) "Control" means direct or
indirect ownership of not less than 10% of all the voting stock of a corporation or not less than
10% of the legal and equitable interest in a partnership or other entity or the ability to direct
management, operations or policy decisions of such corporation, partnership or other entity.
"Annual Report" shall mean the annual report prepared by CCMJV setting forth a summary
of the operations of the Museum and the services provided by CCMJV for the preceding year,
along with information regarding plans for the upcoming report year, as further described in 27.1
below.
"AAM" shall mean the American Association of Museums or its successor as the nationally
recognized agency for accrediting Museums.
"Auxiliary" shall mean the Auxiliary of Corpus Christi Museum, an incorporated non -profit
organization that is organized to assist the Director of Museum and Professional Staff in carrying
out the functions of the institution.
"Business Day" shall mean any day on which banks in the State of Texas are open for
business, excluding Saturdays and Sundays.
"Capital Campaign" shall mean an intensive fund raising effort designed to raise a
specified sum of money within a defined time period for facility improvement to the Museum.
These facility improvements can include the construction of new buildings, renovation or
enlargement of existing buildings, purchase or improvement of land, acquisition of furnishings or
equipment, and additions to endowment.
"Code" shall mean the City of Corpus Christi Municipal Code, as it may be amended from
time to time.
"City" shall mean the City of Corpus Christi, Texas and all of its boards, commissions,
departments, agencies and other subdivisions.
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"City Council" shall mean the City Council of the City of Corpus Christi, Texas.
"City Documents" shall mean City- created records and City -owned records pertaining to
operation and management of the Museum that, on the Effective Date of this Agreement are in
the City's custody.
"City Employees" shall mean those persons who are and continue to be regularly employed
in a part-time or a full -time job by the City in positions authorized in the "Corpus Christi
Museum of Science and History" Program in the applicable, current City of Corpus Christi
adopted budget.
"City Manager" shall mean the City Manager of the City of Corpus Christi or the City
Manager's designee.
"Collection Committee" shall mean the committee responsible for accession and deaccesion
of Museum Collections. The Collection Committee is made up of the Museum Collection
Manager, Museum Librarian, Museum Registrar and the Museum Director, or as modified by
Article 8 and Article 21 of this Agreement.
"Collection Fund" shall mean an account which funds are only available for the purchase of
Museum Collection objects.
"Depository" shall mean the place agreed to by the City and CCMJV, in which the bank
accounts for the funds required to be maintained under this Agreement are to be deposited.
"Effective Date" shall mean. September 1, 2012, or whatever later dates the City Manager
and CCMJV agree to but in no event later than the date of last signature.
"Emergency Expenditure" shall mean any expenditure to the extent not included within an
approved budget and not expected by CCMJV to be incurred but which is necessary to correct
any condition that poses an imminent threat to public safety or material damage to the Museum.
"Employee Transition Plan" shall mean the plan adopted by the parties pursuant to Article
18 of this Agreement. City and CCMJV acknowledge and agree that cost savings with respect to
the continued First - CIass operations of the Museum can occur as a result of the Employee
Transition Plan.
"Facility Improvement Expenditures" shall mean all City Manager approved expenditures
for building additions, alterations, renovations, repairs or improvements, and for purchases of
permanent fixtures, machinery or equipment.
"First- Class" shall mean quality of the best; the finest; the highest class, grade, or rank; and
highest distinction with respect to the operation, management, marketing, and promotion of the
Museum, including but not limited to: professional promotion and marketing efforts; service -
oriented guest and tenant services; premium food and beverage services; timely repairs,
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maintenance, and cleaning of building, equipment, and grounds; positive, safe and secure
Museum for patrons and employees.
"Fiscal Year" shall mean a 12 -month period beginning on August 1 of each calendar year
and ending on July 31 of the following calendar year. The City may change its Fiscal Year in
which case the city must notify CCMJV of the change in writing at least 120 days before the end
of the Fiscal Year in which the change will occur and the definition of Fiscal Year in this
Agreement shall automatically change to reflect the new defmition of the City's Fiscal Year.
"Friends of the Museum" shall mean the Friends of the Corpus Christi Museum, an
incorporated non -profit profit organization that is organized to support and aid the Corpus Christi
Museum of Science and History.
"General Manager" shall mean the manager of the Museum employed by CCMJV to
manage the Museum's finances, marketing and revenue generating operations.
"Gross Revenue" shall mean all revenues excluding sales tax, from whatever source,
received by CCMJV or the City from or in respect of the operation of the Museum and from any
income generating activity associated with the Museum, including but not limited to the
following:
a) All revenues received from admission fees, concessions, rental events, and fees and charges
for all other goods and services provided to the public at the Museum;
b) membership fees received by CCMJV;
c) all revenue from vending machines and the selling price of all merchandise sold in, on, about
or from the Museum in the ordinary course of business; provided, however, that, with respect
to revenue and sales of merchandise by vending machines not owned by or leased to
CCMJV, only the amount paid to CCMJV on account of such sales shall be included; and
d) all other charges of any character made by CCMJV for the rendering of any service or goods
or work of any kind conducted in, on, about or from the Museum. Except for "basic"
membership fees, as set forth in subsection (b) above, "Gross Revenue" shall not include
contributions, donations, pledges, or other gifts made by third parties to the Museum or
CCMJV that are not derived directly from the services provided by CCMJV related to the
Museum. "Gross revenue" shall not include funds received by CCMJV from the City
including Operational Support Payments.
"Gross Revenue Benchmark" shall mean the projected Gross Revenue for the 2013 Fiscal
Year and the 2014 Fiscal Year. The Gross Revenue Benchmark is $31 8,295 for the 2013 Fiscal
Year. The Gross Revenue Benchmark is $347,231 for the 2014 Fiscal Year.
"Gross Revenue Deficiency" shall mean the . difference between the Gross Revenue
Benchmark and the Gross Revenue in a Fiscal Year in which Gross Revenue does not exceed the
Gross Revenue Benchmark.
"Internal Strategic Objectives" shall mean the thoughtfully constructed plan employed to
achieve the Museum's Mission.
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"Long -Range Plan" shall mean a Long -Range Plan for multi -year operation of the Museum,
including the Museum's Mission, vision, goals, and objectives. The Long -Range Plan is
obligated to address maintaining the Museum's accreditations and certifications. The Long -
Range plan should integrate financial plans, development plans, interpretive plans, and
collections plans.
"Management Fees" shall mean those fees payable to CCMJV under Article 26 in
consideration for management services provided.
"Museum" shall mean the Museum of Science and History and related facilities operated on
the Premises, which is the subject of this Agreement.
"Museum Collection" shall mean objects that form the core of the Museums activities for
exhibitions, education, research, etc. All objects in the Museum Collection are included in the
Museum Inventory referenced in Article 8.
"Museum Collection Manager" shall mean the Museum employee responsible for
supervising all aspects of collection care and collection inventories including managing
acquisitions, accessions, and standardization of the collection catalogue.
"Museum Department" shall mean City's Department of Museum.
"Museum Director" shall mean the director of the Museum, being a museum professional,
maintains the mission of the Museum, as well as the certification and accreditation.
"Museum's Mission" is defined in Article 5.2.
"Museum Purposes" shall mean all purposes related to Museum operations and
development either on the Premises or elsewhere, including but not limited to charitable,
scientific, educational, archeology programs, activities, events, grounds, gardens, parks, exhibits,
and research.
"Operating Expenses" shall mean all operating and maintenance expenses incurred by
CCMJV in the operation of the Museum, including without limitation the following:
a) salaries, payroll taxes, and other payroll expenses;
b) charges for utility services;
c) expenses for repair and maintenance of equipment and furnishings;
d) expenses for maintenance and repair and for cleaning of the Museum, including but not
limited to expenses related to vandalism or other damage to gates, equipment, supplies, or
the Museum Premises or Property;
e) the cost of supplies, equipment, and animals;
f) the cost attributable to noncapital replacement of equipment and animals;
g) license and permit fees;
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h) the cost of insurance attributable to insuring the Property and insuring CCMJV against
liability relating to the management and operation of the Museum;
i) the cost of Workers' Compensation Insurance for employees of CCMJV;
j) deductible amounts required and actually spent under any insurance policies;
k) amounts paid by CCMJV in reasonable settlement of claims against CCMJV that are not
paid by insurance carriers;
1) maintenance and repair of grounds, gardens, and adjacent parks and landscape areas; and
m) any other expense approved by the City Manager.
"Operations Manual" shall mean a document developed by CCMJV which contains
terms regarding the management and operation of the Museum, including detailed policies and
procedures to be implemented in operating the Museum, as agreed upon by both the City and
CCMJV. The parties acknowledge that to the extent that such manual contains any proprietary
information of CCMJV (e.g., CCMJV -wide (not Museum- specific) operating policies,
procedures and/or software); such information shall remain the property of CCMJV and shall not
be kept at the Museum after the expiration or termination of this Agreement.
"Operating Support Payment" shall mean all funding to be provided by the City to
CCMJV pursuant to Article 5 of this Agreement in consideration for operation support provided
to the Museum by CCMJV.
"Outside Caterers" shall mean any caterer entering into an Outside Catering Agreement
to provide catering services at the Museum for a single event. CCMJV will establish minimum
commissions and/or fees, insurance and security deposits required in order for an Outside Caterer
to operate at the Museum. Outside Caterer will pay CCMJV immediately following their catering
event based on the Outside Catering Agreement with that Outside Caterer and CCMJV.
"Outside Catering Agreement" shall mean the written agreement between CCMJV and
an Outside Caterer for a single event to be held at the Museum.
"Parking Lots" shall mean any and all existing and future parking facilities that serve
the Museum as shown in Exhibit "B" which the parties may amend from time to time.
"Personal Property" shall mean the personal property described in Article 3.2 below.
"Personal Property Expenditures" shall mean all expenditures for additional or
replacement furniture, fixtures, machinery or equipment which are not a permanent fixture to the
Museum.
"Preexisting Condition" shall mean any condition of disrepair, structural weakness,
latent defect or other fault of any part of the Property, or any noncompliance of any part of the
Property with any applicable local, state or federal law, that existed on or before the Effective
Date of this Agreement, except that such condition or noncompliance is not a pre - existing
condition if either party knew of its existence on or before the Effective Date of this Agreement.
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"Premises" shall mean the real property and improvements described in Article 3 below.
"Property" shall mean the Premises and the Personal Property, collectively.
"Routine Repair and Maintenance" shall mean all ordinary maintenance and repair of
the Museum facilities and equipment, and replacement of supplies that are normally performed
on a day -to -day, periodic, or routine basis in order to keep such facilities and equipment in a
good, clean, efficient, and safe condition. "Routine Repair and Maintenance" shall include such
minor improvements to the grounds, gardens, adjacent parks and landscaped area, the buildings,
structures, equipment, and facilities of the Museum as are necessary in the reasonable discretion
of CCMJV to improve appearance and management.
"Transferred Employees" shall mean those persons who elect Museum - related
employment with CCMJV pursuant to the Employee Transition Plan.
"THC" shall mean the Texas Historical Commission or its successor as the state agency
for historic preservation.
ARTICLE 2
INTRODUCTION
2.1 Term. The term of this Agreement (the "Term ") begins on September 1, 2012 (the
"Effective Date "), and ends on August 31, 2014 (the "Termination Date "), unless sooner
terminated as provided in this Agreement.
2.2 Option to Extend Terms. The Term of this Agreement may be extended as may be
mutually agreed to by CCMJV and the City, but not less than five (5) years beyond the
Termination Date.
2.3 Grant of Authority. To enable CCMJV to perform its obligations under this
Agreement, the City hereby grants. to CCMJV, and CCMJV hereby accepts, the exclusive right
and obligation subject to the provisions of this Agreement, in its own name, as an independent
contractor and not as an agent of the City, to manage and operate the Museum.
224 Nature of Relationship. The parties agree that the only relationship created by this
Agreement is that between the City, as owner, and CCMJV, as an independent contractor, for
management and operating services and that CCMJV is an independent contractor, not an agent,
employee, joint venturer or partner of the City.
225 Contract Administrator. Each party must appoint a Contract Administrator who shall
monitor such party's compliance with the terms of this Agreement. CCMJV's Contract
Administrator shall be its General Manager at the Museum, unless CCMJV notifies City of a
substitute Contract Administrator in writing. City Manager shall notify CCMJV of the name of
its Contract Administrator within thirty (30) days of execution hereof. Any and all references in
this Agreement requiring CCMJV or City participation or approval shall mean the participation
or approval of such party's Contract Administrator.
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ARTICLE 3
MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY
3311 Premises. Subject to the terms, covenants, and conditions set forth in this Agreement,
CCMJV shall exclusively manage and operate the Museum, comprising (a) Museum and all
facilities as described in Exhibit A ( "Current Museum Premises "), and (b) the parking lot as
described in Exhibit B. Together the Current Museum Premises and the parking lot shall be
referred to collectively in this Agreement as the "Premises."
3.2 Personal Property. Subject to the terms, covenants, and conditions set forth in this
Agreement, the City agrees to provide, at no cost to CCMJV, use of personal property located at
the Museum necessary to the operation and maintenance of the Museum other than City
Documents, the City vehicle, and forklift. CCMJV shall maintain all such Personal Property in
good condition and repair, subject to Preexisting Conditions, and shall replace with items of
good quality any of the Personal Property that becomes inoperable or unusable if such item is
necessary for the operation of the Museum in CCMJV's reasonable discretion. The City will
provide CCMJV with a video inventory of the Personal Property located at the Museum.
Transferred Personal Property shall remain property of the City.
(a) Vehicle and Forklift Assigned to Museum. The Vehicle and Forklift Assigned to the
Museum shall not be transferred to CCMJV. Such vehicle and forklift shall remain at the
Museum until the end of the Employee Transition Period. The vehicle and forklift shall
only be used by qualified City Employees. City employees shall only use the vehicle and
forklift for the performance of Museum or City duties. At the end of the Employee
Transition Period, the City shall remove the vehicle and forklift from the Museum.
3.3 Use of the Premises.
(a) Required Use. CCMJV shall use and continuously occupy the Property during the Term
of this Agreement for the operation of a public museum and related and incidental
purposes and programs, including but not limited to conservation, education, enterprise
operations, and visitor services, in accordance with this Agreement, the Museum's
Mission and the Long -Range Plan. Notwithstanding the above, the parties intend that the
Museum can also be used as an event space for catered groups, weddings, business
meetings, and similar high margin events.
(b) Prohibited Use. The Museum may not be used in any way prohibited by policy adopted
by Advisory Board and approved by the City Manager. Current policy is shown in
Exhibit M and is subject to change. Any dispute concerning prohibited use will be
resolved by decision of the City Manager.
(c) No Illegal Uses or Nuisances. CCMJV shall not use or occupy any of the Premises, and
shall not permit the use or occupancy of it, in any unlawful manner or for any illegal
purpose, and shall not permit to be carried on any activity that would constitute an
actionable nuisance under the laws of the State of Texas. CCMJV shall take all
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reasonable precautions to eliminate any nuisances or hazards relating to its activities on
or about the Premises, except as to Preexisting Conditions.
3.4 Parking Lot Use. CCMN shall share the Museum parking lots with SMG and the
American Bank Center. CCMN shall not block off or barricade the Museum parking to prevent
access by SMG or American Bank Center patrons. CCMJV shall not be responsible for existing
violations of the Code or any other local laws regarding the Museum Parking Lot.
3.5 Occupancy Hours. CCMJV can only occupy the Museum during the Occupancy Hours
of 6:00 am to 7:00 pm. CCMN may occupy the Museum outside the Occupancy Hours upon
giving the City notice within two weeks of the planned usage. The notice shall state the date or
dates and times of operation CCMJV wishes to occupy the Museum. CCMN shall occupy the
Museum for the hours provided in the notice. CCMN may also seek to alter occupancy hours
upon giving the City notice within two weeks of the planned change. The notice shall state the
new Occupancy Hours. CCMJV can only occupy the Museum during the Occupancy Hours in
the notice. All notices shall be in writing. All notices shall include a reminder to the City
Manager that the planned usage is to be submitted to McKinstry Essention Inc. in writing within .
two weeks of the usage change. CCMN will be responsible for all expenses associated with
modifying Occupancy Hours including electricity.
ARTICLE 4
EXISTING THIRD -PARTY AGREEMENTS
4.1 Existing Third -Party Agreements. The Parties specifically acknowledge that there are
existing leases, agreements, and arrangements between the City and third parties for the Museum
or between CCMJV and third parties. CCMJV shall not interfere with non - assignable existing
leases, agreements, and arrangements known to CCMJV between the City and third parties
without written consent from the City. The City shall assign all such assignable leases,
agreements, and arrangements affecting the Museum to CCMN and CCMN shall have the
exclusive option (if the City had such option) of renewing such leases, agreements, and
arrangements that expire during the term of this Agreement and any extensions, CCMJV is
released from its obligation to make payments due after the effective date of this agreement or
termination date of this agreement for assumed leases. City shall give CCMJV written notice of
existing leases, agreements, and arrangements.
ARTICLE 5
OPERATIONS
5_1 CCMJV Responsibility. CCMN shall manage and operate the Museum as a museum,
consistent with the Museum's Mission and Long -Range Plan, with emphasis on the Museum's
scientific and educational purposes and programs. Management and operation of the Museum
includes selection of new inter -active displays, reconfiguration of certain exhibits for
presentations to the public, redesigning of floor layouts, devising a higher and best use for
outdoor events, and designing special event spaces for both indoor and outdoor use. CCMJV is
responsible for Operating Expenses including electricity.
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5.2 Museum Mission. The mission of the Corpus Christi Museum of Science and History is
to present the story of the cultural crossroads of the New World. With a unique confluence of
natural history, science, people and environments, the South Texas area has served as a stage for
the ongoing discovery of the Americas. Through innovative programs in history, culture, and
science, the Museum is committed to enlarging a shared understanding of our history and
heritage as well as the impact and importance of science to our lives. By telling this story, the
Museum will inspire a thirst for knowledge, context, and understanding.
(a) Internal Strategic Objectives. The following strategic objectives are used to
operationalize the Museum Mission:
(1) Corpus Christi Museum of Science and History will build programs around three
basic themes: Humans, the Environment, and Science.
(i) How has human migration, cultural encounters, and interactions shaped
the unique human character of South Texas and, in turn, how has South
Texas influenced the world?
(ii) How have environmental features and resources been linked to the human
migrations, settlements, and physical exploitation of South Texas
resources?
(iii)What does science tell us about the unique natural world of South Texas
and how can we best conserve our unique resources?
(2) The Museum will collect and preserve unique specimens, artifacts, and ephemera
which illuminate our three basic themes and support innovative programming.
(3) To create new knowledge, Museum Collections and resources will be shared with
the public and researchers.
(4) The Museum will promote an open and inclusive atmosphere of learning by
encouraging the use of its physical facilities for special events, meetings, and
other community gatherings.
(5) The Museum will commit itself to sharing knowledge with the next generation by
actively promoting programming and field trip policies which encourage
participation by K -16 school groups.
5.3 City Operations Support Payments.
(a) Operations Account. All Operation Support Payments shall be deposited in an account
maintained in the Depository in the name of the City. CCMJV shall have the authority to
withdraw from the Operations Account. Any balance shall be retained in the Operations
Account as for reserve for payment of future Operating Expenses. If at the termination of
the Agreement there shall be a balance in the Operations Account, CCMJV shall disburse
such excess to the City on or before the fifteenth (15) day of such month.
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(b) Operation Support Payment. The City shall pay CCMJV an Operation Support
Payment for consideration of CCMJV providing operating services to the Museum.
Operation Support Payments are to be used only to pay Operating Expenses. After the
Effective Date, the City shall transfer to CCMJV an annual operations payment (the
"Operations Support") equal to $1,059,077 for the first Fiscal Year of this Agreement and
$1,209,140 for the second Fiscal Year of this Agreement. The Operations Support
Payment shall be paid to CCMJV in four equal quarterly installments on or before the
fifteenth (15th) day of each quarterly month. Each quarterly month is August,
November, February and May. The first Operational Support Payment will be made on
the Effective Date of this Agreement.
(c) Advancing of Funds for Operation Support. If at any time during a particular quarter,
the amount of monies on deposit in the Operation Support Payment and available for that
purpose shall be insufficient for the payment of Operating Expenses then due or budgeted
to become due during such quarter, CCMJV may present to the City Manager a request to
advance the amount of such insufficiency from the approved budgeted payment
scheduled to be paid in the succeeding quarter. If the City Manager approves the request,
the advancement will be made. This advanced amount will then be subtracted from the
scheduled Operation Support Payment for the succeeding quarter. If the City Manager
disapproves, no advancement shall be made.
(d) Modification of Operating Support Payment due to Wage Increase. If the City at any
point grants City Employees a raise for the 2013 Fiscal Year, CCMJV's Operational
Support Payment shall be increased by a budgeted estimate of the cost of the increased
City Employees Salaries and Wages for each quarter. At the end of the employee
transition period, the City shall calculate actual increases to City Employees Salaries and
Wages and compare to the increase in Operational Support Payment. If the actual
increase to City Employees Salaries and Wages is greater than the increase in Operational
Support Payment, the following quarter's Operational Support Payment shall be
increased by the difference. If the actual increase to City Employees Salaries and Wages
is less than the increase in Operational Support Payment, the following quarter's
Operational Support Payment shall be decreased by the difference. At the end of June
2013, the City shall calculate actual increases to City Employee Salary and Wage
Expense for the City Employee remaining at the Museum after the Employee Transition
Plan and compare to the increase in Operational Support Payment. If the actual increase
to City Employee Salary and Wage is greater than the increase in Operational Support
Payment the following quarter's Operational Support Payment shall be increased by the
difference. If the actual increase to City Employee Salary and Wage is less than the
increase in Operational Support Payment, the following quarter's Operational Support
Payment shall be decreased by the difference.
(e) Modification of Operational Support Payment due to Savings. The City entered into
a design/build agreement for a fixed price energy performance contract with McKinstry
Essention. Inc. (McKinstry). McKinstry guarantees energy savings for the Museum
found in Exhibit N. If the actual energy savings exceed the projected energy savings in
the McKinstry agreement for a Fiscal Year, the second quarterly Operational Support
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(f)
(g)
Payment for the following Fiscal Year will be reduced by the excess savings. If
McKinstry's projected savings are not realized in a Fiscal Year, the second quarterly
Operational Support Payment for the following Fiscal Year shall be increased if CCMJV
was not responsible for the failure for McKinstry's projected savings being realized. The
second quarterly Operational Support Payment will be increased by the amount of the
excess Electricity expense caused by the failure of McKinstry's projected savings to be
realized. If CCMJV was responsible for the failure for McKinstry's projected savings
being realized, Operational Support Payment shall not be increased. Increased electricity
costs are subject to Article 5.3 (g).
Over Budgeted Expenses. The City may request CCMJV's authorization to reduce the
amount of Operational Support Payment due under the terms of this Agreement for Over
Budgeted Expenses. CCMJV shall have the right to approve or deny the reduction of
Operational Support Payment.
Unbudgeted and Under Budgeted Expenses. CCMJV shall be responsible for
Unbudgeted and Under Budgeted Expenses. CCMJV may present any Unbudgeted or
Under Budgeted Expense to the City Manager for additional funds. The City Manager
shall have the option to approve or deny increasing Operational Support Payment for
Unbudgeted or Under Budgeted Expenses.
5A City Paid Expenses
(a) City Employee Salaries and Wages. The City shall bill CCMJV monthly for Salaries
and Wages paid to City Employees working at the Museum. CCMJV shall be
responsible for any raises granted to City Employees after the Effective Date of this
Agreement.
(b) City Provided Services. The City will provide Municipal Information Systems Services,
Building Maintenance Service, and Fleet Services. The City shall bill CCMJV monthly
for these services.
(1) Municipal Information Systems Services. The Municipal Information Systems
(MIS) department shall assist in the delivery of quality products and services by
managing the enterprise data centers and by providing connectivity & customer
services that will allow for the optimum usage of enterprise data as well as
effective and efficient data, voice and video communications at the Museum. The
City shall bill CCMJV $2,671 monthly for services provided.
(2) Building Maintenance Service. The City shall provide the labor for routine
repairs and preventive maintenance for the Facility. CCMJV shall be responsible
for supplying the parts for repairs and maintenance. The City shall bill CCMJV
$1,275 monthly for services provided.
(3) Fleet Services. The City shall provide a vehicle and fork lift to CCMJV for first
six (6) months of this Agreement. The vehicle and forklift are to be operated only
by qualified City Employees for Museum purposes. The City shall bill CCMJV
$696 monthly for services provided.
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(c) Electricity. The City shall pay the energy provider for Electricity provided to the
Museum. For the Electricity invoices that the City pays directly, the City shall bill
CCMJV monthly for reimbursement.
(1) Conditions Affecting Electricity Usage. CCMJV shall immediately notify the
City in writing with regards to any changes that will affect energy usage including
occupancy or usage changes, computer load or other load changes, scheduling
changes and sequence of operation changes. Such notice shall include a reminder
to the City Manager that the changed usage is to be submitted to McKinstry
Essention Inc. in writing within two weeks of the usage change. CCMJV will be
responsible for all expenses associated with any changes that will affect energy
usage.
(2) McKinstry Essention Inc Notification. The City will notify McKinstry Essention
Inc that CCMJV is taking over the management of the Museum and authorizing
McKinstry to communicate with CCMJV in regards to the Energy Cost Saving
Guarantee in Exhibit N.
5.5 City Procurements.
(a) Computers Procurement. The City is a party to an Agreement for computers for the
Museum. The City shall procure computers for the Museum during the term of this
Agreement. The procurement includes four laptop computers with work station and six
desk top work stations. CCMJV will have full use to the computers provided under the
Agreement. The City shall bill CCMJV monthly for reimbursement for the procurement
expense.
(b) Multifunction Copier Procurement. The City is a party to an Agreement for a
multifunction copier. The City shall procure a multifunction copier for the Museum
during the term of this Agreement. CCMJV will have full use to the multifunction copier
provided under the Agreement The City shall bill CCMJV monthly for reimbursement
for the procurement expense.
(c)
Dumpster Service Procurement. The City is a party to an Agreement for Dumpster
Service_ The City shall procure Dumpster Service for the Museum during the term of this
Agreement. CCMJV will have full use to the Dumpster Service provided under the
Agreement. The City shall bill CCMJV monthly for reimbursement for the for
procurement expense.
(d) Elevator Maintenance Procurement. The City is a party to Agreement for Elevator
Maintenance. The City shall procure elevator maintenance for the Museum during the
term of this agreement. The Museum elevators will be maintained during CCMJV
operation of the Museum. The City shall bill CCMJV monthly for the procurement
expense.
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5_6 Museum Accounts. After the Effective Date of the Agreement, all Museum Accounts
under the City of Corpus Christi shall be paid by the City. The City shall bill CCMJV monthly
for reimbursement for Museum Accounts paid by the City. CCMJV may transfer or request the
City to close these accounts.
5.7 Consolidated Bill. The City will generate a Consolidated Bill no later than thirty (30)
calendar days after the month's end. The Consolidated Bill will itemize all City services,
expenses and accounts paid for the Museum. CCMJV shall pay the Consolidated Bill fifteen (15)
calendar days from the date of the invoice.
5_8 Water, Gas, and Waste Water. The City shall provide the Water, Gas, and Waste Water
to the Museum. CCMJV is not responsible for Water, Gas, and Waste Water.
5.9 Proportionate Year. This section shall apply to the month of August 2014. All the
conditions of Article 5 shall be proportionally applied. August 2014 conditions shall be
proportionally applied based on the second Fiscal Year of this Agreement.
ARTICLE 6
LONG -RANGE PLAN
6.1 Long -Range Plan. The Long -Range Plan is a tool to show how CCMJV will manage
the Museum upon an extension or new contract to manage the Museum past the termination date.
The Parties acknowledge that this Agreement contemplates the adoption by the City of the Long -
Range Plan, created by CCMJV, on or before February 28, 2014. In the event that such a Plan is
not adopted by August 31, 2014, CCMJV may choose not to extend this Agreement.
ARTICLE 7
ACCREDITATION, CERTIFICATION, LICENSING, AND PERMITS
7.1 Required Accreditation and Certification. Throughout the Term (including any
extensions), CCMJV shall cause the Museum to be at all times (a) accredited by the AAM; and
(b) certified as an Archeological Repository by the THC. In addition, CCMJV shall be
responsible for any reaccreditation and recertification that may be required during the term of
this agreement. Any failure on the part of CCMJV to comply with this article shall constitute a
material breach of this Agreement. Current accreditation and certification are shown in Exhibit
C.
7.2 Licenses and Permits. All licenses and permits currently held by the City in connection
with the operation of the Museum are shown in Exhibit D. Subject to any necessary approvals,
the City agrees to transfer all such licenses and permits to CCMJV, and CCMJV and the City
shall use their best efforts to either have those licenses and permits legally transferred to CCMJV
or to have them canceled upon CCMJV's obtaining replacement permits or licenses in its name if
transfer is not possible except that certain licenses and permits shall remain in the possession of
the City and under the City's name, and CCMJV shall be authorized as the agent of the City to
perform such services under such licenses and permits as are required in the operation of the
Museum to the extent permitted by applicable law, if such licenses or permits are required to be
26
held by a governmental entity and/or owner of the Premises or for such other reasons as may be
agreed to by the parties. Upon any termination of this Agreement for any reason, CCMJV shall
transfer all licenses and permits back to the City and CCMJV shall use its best efforts to assist
the City with the documentation of any such transfer or reapplication for any such permit or
license to be held in City's name after such termination.
7.3 City Representations. City represents and warrants to CCMJV that the accreditation by
the AAM and certification as an Archeological Repository by the THC, and all licenses and
permits . which are being assigned to CCMJV, are not currently in default, that City is not aware
of any default that exists with respect to these items, that City has complied with the terms and
conditions of the certifications, accreditations, licenses, and permits, and they are current with
respect to any and all payments.
ARTICLE 8
MUSEUM COLLECTION MANAGEMENT
$_f Collection Inventory. CCMJV will be responsible for maintaining the inventory of the
Museum's collections. The City will provide CCMJV with an electronic document and video
inventory of the Museum's collection on record. In the event that there is a discrepancy between
the video inventory and electronic document inventory, the video inventory shall control.
8.2 Collection Management Policy. The Museum's current Collection Management Policy
was adopted September 2005. CCMJV shall follow the current Collection Management Policy
in Exhibit E. Any provision in the Collection Management Policy that conflicts with this
Agreement, the provision in this Agreement shall control. Any dispute regarding the Collection
Management Policy can be submitted to the City Manager for approval. The City Manager's
decision will be controlling as to any dispute.
8_3 Deaccession of Collection. Deaccession of a collection must follow the following
procedure. A Collection Committee member shall submit the proposed deaccession to the
Collection Manager. The proposal shall include the purpose, scope of the collection and the
policy guidelines. The Collections Manager shall confirm title and check for any restrictions,
legal issues, or ethical concerns regarding deaccession. After the Collection Manager's review,
the Collection Committee reviews proposed deaccession based on the Museum's Mission, scope
of the collection, and Collection Management Policy guidelines. The Collections Committee
submits the proposed deaccesion and disposal method to the Museum Director for review. If the
Museum Director disapproves of deaccession, the proposed item will remain in the collection. If
the Museum Director approves deaccession, it shall be submitted to the Advisory Board for
approval. If the Advisory Board approves, the proposed item will be deaccessed. If the
Advisory Board disapproves of deaccession, it shall be submitted to the City Manager for the
final decision on deaccession. The City Manager will make the final decision regarding whether
the proposed item will remain in the collection or be deaccessed. The deaccession process is
demonstrated in Exhibit F.
8_4 Deaccessioned Obiects. Deaccessioned objects are removed from the collection by
means of sale, exchange, donation, transfer, or destruction. Disposal of any deaccessioned object
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will be carried out in accordance with all applicable federal, state, local, and international laws,
treaties, and regulations including but not limited to laws protecting plants, wildlife, antiquities,
historic properties, and the import, export, and transfer of cultural property. The Collection
Manager is responsible for fully documenting disposal of objects. Deaccessioned objects will not
be sold, or ownership otherwise transferred, to Museum staff, City of Corpus Christi employees,
CCMJV employees, CCMJV members, CCMJV affiliates, Museum volunteers, members
Museum support groups, members of the Museum or City's governing authorities, or
representatives or family members of these individuals.
(a) Disposal by Sale. Net proceeds received from the sale of deaccessioned objects will be
used only to acquire new objects for the collection. If there is any question as to the
value of an object, CCMJV will get two informed outside appraisals on the object. These
should document the object's authenticity and assure that CCMJV does not accept less
than market value for the object. Disposal of objects from the collection will never be
through the Museum shop, or in such a manner that it involves an interested entity
helping in the liquidation of Museum assets. CCMJV shall collect & remit all applicable
sales tax. Upon the sale of a deaccessed object, CCMJV shall open an account
(Collection Fund) in the Depository in the name of the City. CCMJV shall have the
authority to withdraw from the Collection Fund Account. Proceeds from the sale of an
object will be placed in a Collections Fund. Proceeds from the sale of an object can only
be used for purchasing acquisitions to the Museum's Collection.
(b) Disposal by Exchange or Donation. Deaccessioned objects may be disposed of by
exchange with, or transfer to, another appropriate museum, educational, or scientific
institution. Deaccessioned objects will never be exchanged or donated to private
individuals.
(c) Disposal by Transfer. Deaccessioned objects may be transferred to the Museum's
education department for use in educational programs. Objects subject to this action
should have little or no market value, or historic or scientific significance. Any
deaccessioned object transferred to the education department will be removed from
collection storage, quarantine, or work areas. The object must be stored in an area
dedicated to educational supply storage. The object is considered expendable and no
longer a collection item.
(d) Donor Notification. If the Museum disposes (by sale, exchange, or any other method)
of a donation within two years of a donation, CCMJV is obligated to notify the donor and
the IRS by filing form 8284. This provision applies if the donor has claimed a charitable
deduction under Section 170 of the IRS code of more than $5,000 for either a single item
or an aggregate of items donated to one or more institutions. The IRS code requires that
if the value is more than $5,000, the donor must supply an appraisal summary to the
Museum. Once the Museum establishes its clear and unrestricted title to an object, the
donor has no legal interest in it. If a deaccession no longer falls under the statute of
limitations of the ]'ax Reform Act of 1984, it is then only a practice of goodwill to notify
the donor or heirs of the disposition of a collection or object. It is possible to label the
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funds or new acquisition purchased with those funds as a gift from the donor.
Appropriate action will be considered by the Museum Director on a case -by -case basis.
8.5 Acquisitions, Loans, and Destructive Analysis of Collections. All Acquisitions, Loans
and Destructive Analysis shall be conducted in compliance with the Museum's currently adopted
Collection Management Policy found in Exhibit E.
ARTICLE 9
TECHNICAL APPEAL PROCESS
9.1 Technical Appeal Process. The Museum Director may challenge any proposed event
or action made by CCMJV or the General Manager in matters conflicting with the Museum's
Mission or that effect collections or exhibits. If the Museum Director and CCMJV or General
Manager cannot resolve an issue regarding a proposed event or action in matters effecting the
Museum 's mission, collection or exhibits, that issue is to be presented to the City Manager.
Prior to making a decision on any issue, the City Manager will hear from both the Museum
Director and the General Manager. The City Manager will make the final decision as regarding
whether the proposed action or event does or does not commence. The technical appeal process
is demonstrated in Exhibit G.
ARTICLE 10
NEW FACILITIES OPERATING AND MAINTENANCE COSTS
10.1 New Facilities Operating and Maintenance Costs. As CCMJV funds and builds new
exhibits and support and visitor facilities, the corresponding increases in operating, program, and
maintenance costs will be the responsibility of CCMJV, with the City being the owner of such
new exhibits and support or visitor facilities. CCMJV may request permission from the City
Manager to use Operating Support Payment to pay for New Facilities Operating and
Maintenance Costs. CCMJV must specify what new cost it seeks to pay with Operating Support
Payment. Operation Support Payment can only be used for New Facilities Operating and
Maintenance Costs approved by the City Manager.
ARTICLE 11
ADMISSIONS
11.1 Admissions. Admission shall be set at their current rates shown in Exhibit H approved
by the City Manager on August 19, 2010. The City Manager shall have the authority to set
Museum admissions charges in accordance with City of Corpus Christi Code of Ordinance 36 -6.
The Museum Director shall prepare such schedule which shall be submitted to the City Manager
for approval, and such schedule shall be reviewed on an annual basis. Said fees and charges shall
bear a reasonable relation to fees charged for admission to other similar attractions and similar
29
facilities, and shall be neither excessive nor grossly deficient by comparison; except that special
provisions to assure access to all children shall be made, such as free periods of admission for
children, and free admission for school groups. The approved schedule shall be filed with the
City Secretary and copies shall be provided to the City Council. The City Manager's authority to
approve such schedule of fees and charges shall include approval of discounts and special fees
designed to promote the Museum and increase visitation, which may be accomplished through
marketing agreements not exceeding three (3) years with other attractions or marketing
companies whereby multiple attractions are packaged, or through other promotional plans
customarily used for similar attractions and facilities.
11.2 Access. CCMN agrees to operate the Museum with the goal of providing the widest
possible access to the Museum to the general public, at an affordable cost.
11.3 Admissions Tax. The Parties acknowledge that no City admission taxes are currently
charged on Museum admission. The Parties further agree that the Museum will continue to be
exempt from City admission taxes, so long as similar facilities are exempt from such taxes. This
is not a waiver of the City's portion of the applicable Sales Tax.
ARTICLE 12
PURCHASES OF SUPPLIES AND SERVICES
12.1 Purchase of Supplies and Services. CCMN shall have full authority and discretion as
to the purchase of all equipment, materials, supplies, inventories and services reasonably
required by it but shall endeavor to make all such purchases at the best price available as known
to CCMJV, considering the quantities required and the quality desired, at the time available for
the delivery and the sources of supply whenever possible as part of a volume purchase by
CCMJV. CCMJV may acquire property or services from or otherwise transact business with its
Affiliates for any of the goods to be purchased or services to be performed by it under this
Agreement but only if the prices charged and services rendered are competitive with those
obtainable from others rendering comparable services in the field. To insure compliance in this
respect, CCMN agrees to obtain at least two (2) other competitive bids from persons other than
CCMN's Affiliates, whenever CCMJV considers transacting business with an Affiliate for
providing goods or services under this Agreement. All purchases by CCMJV of permanent
fixtures, equipment, and all facility improvements shall be made in the name of the City.
CCMJV shall establish an inventory control system to account for all such purchases. The City
shall have the right to inspect the books and records of CCMN to verify CCMN's compliance
with the provisions of this section.
12.2 Contacting Historically Underutilized Businesses. CCMJV shall, in making an
expenditure of more than $3,000 but less than $50,000, shall contact at least two historically
underutilized businesses on a rotating basis, based on information provided by the comptroller
pursuant to Chapter 2161, Government Code and in compliance with Texas Local Government
Code §252.0215. If there are more than two such businesses in the county, CCMN can contact
the listed businesses on a rotating basis. If the list fails to identify a historically underutilized
business in Nueces County, CCMJV is exempt from contacting at least two historically
30
underutilized businesses. Any such notice shall be sent by certified mail and CCMN shall keep
record of all notices for four (4) years after the termination date of this agreement.
12.3 Expenditures in Excess of Ten Thousand Dollars ($10,000). CCMN shall, in making
expenditure in excess of $10,000 for any single item or more than $50,000 in the aggregate in
any purchase order, utilize a competitive bidding process similar to that used by the City.
CCMJV shall not avoid the application of competitive bidding by purposely dividing a- single
purchase into smaller components so that each component purchase is less than $50,000 or make
component, sequential or incremental purchases to avoid the competitive bidding requirements.
CCMJV shall make the purchase that offers the "best value" for the Museum. In consideration
of "best value" CCMJV may consider the following factors: the purchase price; the reputation of
the bidder and of the bidder's goods or services; the quality of the bidder's goods or services; the
extent to which the goods or services meet the Museum 's needs; the bidder's past relationship
with the Museum or City; the total long -term cost to the Museum to acquire the bidder's goods
or services; and any relevant criteria specifically listed in the request for bids or proposals.
12.4 CCMJV Municipality Status. To the extent allowable under federal, state, and local
law, City agrees to allow CCMJV to use its tax status as a municipality for the purchase of
supplies and services. City agrees to execute such documents as may be required, and which the
City is authorized to execute, to further this Agreement.
ARTICLE 13.
FACILITY IMPROVEMENTS AND ALTERATIONS
13.1 Facility Improvements and Alterations. CCMN shall not under any condition make
any facility improvement or alteration to the Museum, the Museum facilities, or Premises
without prior approval from the City Manager. Any alterations or facility improvements made
by CCMN to or on the Museum must be approved by City Manager.
13.2 Facility Improvement Plan. CCMJV shall submit a Facility Improvement Plan to the
City Manager for any facility improvement CCMN wishes to commence. Such plan shall
include a listing of the facility projects or equipment to be purchased, the projects ranked in
order of preference, a timetable for the construction or completion of the project, a work
schedule and time line to minimize disruptions of Museum operation during the completion of
the improvements, justification for the project, an examination of the feasibility of the
improvement and an explanation of expenses for the project. The plan shall also include a
reminder to the City to submit the approved plans to McKinstry Essention Inc. for an energy
usage evaluation. The reminder shall also notify the City that the plan is to be submitted to
McKinstry Essention Inc. in writing within two weeks of the change to the facilities. CCMJV
shall submit the Facility Improvement Plan for the 2013 Fiscal Year within forty five (45) days
from the Effective Date of this Agreement. CCMN shall submit the Facility Improvement Plan.
for 2014 Fiscal Year with the Annual Plan under Article 27.
13.3 Facility Improvements Approval Process. The General Manager and Museum
Director shall develop a timeline for operations and facility improvement phases including a
work schedule and time line to minimize disruptions of Museum operation during the completion
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of the improvements. If the Museum Director does not approve of Facility Improvement Plan,
the Museum Director shall follow the Technical Appeal Process in Article 9. If the Museum
Director has no objections or the City Manager approves after the appeal process, CCMJV must
present the Facility Improvements Plan to the Advisory Board for review. The Advisory Board
will submit to the City Manager a recommendation. The City Manager will submit the plan to
the City Engineering Department for review. The Structural Engineering Report required under
Article 14 must be submitted to the City prior to the review of any project in the Facility
Improvement Plan. The City Manager may approve or disapprove any project in the Facility
Improvement Plan. If the City Manger does not approve, the facility improvements project will
not proceed. If the City Manager approves a project, the first phase of improvement will begin.
Upon completion, the City Manager will inspect first improvement phase. If the City Manager
approves, CCMJV may be reimburse for Facility Improvement Expenditure in accordance with
Article 25. If the City Manager does not approve, CCMJV shall make necessary corrections to
gain approval. The Facility Improvement Process is demonstrated in Exhibit I.
13.4 Approved Facility Improvements and Alterations. Any alterations or facility
improvements made by CCMJV to or on the Premises shall comply with any and all applicable
local, state, and federal laws, rules and regulations, and CCMN shall obtain any required
permits for such alterations and facility improvements. Expenses for required permits shall be
Facility Improvement Expenditures to be reimbursed under Article 25. Only Approved Facility
Improvements shall be eligible for Facility Improvement Reimbursement.
13.5 Title to Improvements. Except as otherwise provided in this Agreement, all
appurtenances, fixtures, improvements, equipment, additions, and other property attached to or
installed in the Premises during the Term shall be and remain the property of City and shall not
be removed by CCMJV without approval of the City Manager.
13.6 CCM.IV's Personal Property. All furniture, furnishings, and articles of movable
personal property installed in the Premises by or for the account of CCMN, without expense to
City, and which can be removed without structural or other material damage to the Premises (all
of which are in this Agreement called "CCMJV's Property ") shall be and remain the property of
CCMJV and may be removed by it subject to the provisions of Article 34. At least ten (10) days
prior to delinquency, CCMJV shall pay all taxes levied or assessed upon CCMN's Property and
shall deliver satisfactory evidence of such payment to City.
ARTICLE 14
ENGINEERING, STRUCTURAL AND LAYOUT STUDIES
14.1 Structural Engineering Report. CCMJV shall submit to the City a Structural
Engineering Report evaluating the integrity of the building within the first Fiscal Year. The
Structural Engineering report will be at the sole expense of CCMJV. Expenses for the Structural
Engineering Report shall be a Facility Improvement Expenditure to be reimbursed under Article
25. Facility Improvements and Alterations will not proceed prior to completion of the Structural
Engineering Report.
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14.2 Studies. CCMJV shall notify the City Manager of all engineering, structural and layout
studies of the Museum conducted by CCMJV at any time within 30 days of completion of the
study. Any such study shall be provided to the City Manager within 30 days of request by the
City Manager. Such studies shall be provided to the City free of cost.
ARTICLE 15
ADVERTISING
15.1 Museum Advertisement. CCMJV may purchase or create advertisement for the
Museum. Museum Advertisement materials should be presented in an objective, fair and
accessible manner. Advertising campaigns should be justified and undertaken in an efficient,
effective and relevant manner. A11 advertisements shall be in compliance with federal, state and
local laws.
15.2 Advertisement Reimbursement. CCMJV shall keep record for all advertising
expenditures and submit itemized expenditures to the City monthly. The City shall reimburse
CCMJV up to $25,000 in advertising expenditures per Fiscal Year, subject to availability of
funds in the Hotel Occupancy Tax fund. City agrees to submit this amount as part of the
proposed budget for Hotel Occupancy and Tax fund. Reimbursement payment for advertising
expenditure shall be made to CCMJV on or before the thirtieth (30t1') day following the end of
the Fiscal Year if available.
ARTICLE 16
NAMING RIGHTS
16.1 Museum Name. Under no circumstances, with the exception of formal action by City
Council, may the Museum's name be changed from "Corpus Christi Museum of Science and
History ".
16.2. Donation Acknowledgement. Any donor recognition at the Museum shall be . brought to
the Advisory Board for review. The Advisory Board will submit to the City Manager a
recommendation. If the City Manger does not approve, there will be no donor recognition. If the
City Manager approves CCMJV may proceed with the donor recognition. CCMJV may seek to
establish a naming policy for Museum facilities which would require Advisory Board adoption
and City Manager's approval.
ARTICLE 17
MAINTENANCE
17.1 General Maintenance. CCMJV shall be responsible for routine repairs, preventive
maintenance, janitorial services, grounds keeping services, maintenance of all interior and
exterior walls of the Facility, maintenance of the landscaping around the Facility; walking
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inspections of the Facility on a daily basis, and grounds keeping of all the Parking Lots to City
codes and standards. CCMJV shall maintain the Museum in a clean, safe, sanitary, and sightly
condition, and as necessary to maintain all licenses and accreditations in accordance with Article
7 above; provided, however, that such obligation shall not, except as specifically set forth in this
Agreement, require CCMJV to repair or otherwise remedy a Preexisting Condition. CCMJV
shall employ sufficient personnel to maintain the Museum to the standard of a First -Class
Museum.
17.2 Random Inspection. Random inspections will be made by a designated City employee
to inspect the general maintenance of the Museum. Any deficiencies not to the standard
established in Article 17.1 will be reported to CCMJV. CCMJV shall take the necessary action
to remedy the deficiency in a timely fashion.
173 In -Kind Maintenance. In -Kind Maintenance can be provided by the City for repairs
that are necessary for public health and safety. In -Kind Maintenance requires City Manager
approval. At any time the Museum requires In -Kind Maintenance, the General Manager shall
submit an In -Kind Maintenance request to the City Manager. Upon City Manager approval, the
City shall make the necessary repairs. In -Kind Maintenance shall include City labor, materials,
and indirect maintenance services in substantially the same manner of maintenance support that
is currently provided by the City to the Museum. If the City Manager denies the In -Kind
maintenance request, CCMJV shall be responsible for the repairs.
17.4 Contractor Insurance. Each party shall provide evidence acceptable to the other that
every contractor engaged by a party to perform work on the Premises maintain insurance in
amounts, on policies of coverage and offered by companies satisfactory to City and CCMJV,
including but not limited to Workers' Compensation Insurance (including Employers' Liability
Insurance) and insurance against liability for injury to persons and property arising out of all
such contractor's operations, and the use of owned, nonowned, or hired automotive equipment in
the pursuit of all such operations.
ARTICLE 18
STAFFING AND EMPLOYEES
18.1 Generally. The Parties acknowledge that as of the date of this Agreement, there are
approximately 17 full time City Employees employed in connection with the Museum. The
Parties' intent is that the City Employees will remain at the Museum during the Employee
Transition Period. At the end of the Employee Transition Period, City Employees shall be placed
internally with the City, selected for hiring by CCMJV or terminated in compliance with the
City's reduction of force policy.
18.2 CCMJV Supervision of Employees. Commencing on the Effective Date, CCMJV shall,
in carrying out the responsibilities under this Agreement, manage, supervise, and direct those
employees of the City who are employed at the Museum subject to the provisions of the City
Charter, City Municipal Code, City rules, state legislation and any applicable collective
bargaining agreements. The Museum shall operate under the Governance set out in Article 19.
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CCMJV shall, in cooperation with the Human Resource Department and the City Manager,
develop procedures for implementing this authority with regard to City Employees.
18.3 Employees. CCMJV shall comply with all applicable federal, state, and local laws,
ordinances, and regulations pertaining to all employees at the Museum. In addition, CCMJV
shall be an equal opportunity employer and make reasonable efforts to maintain a diverse work
force.
18.4 Employee Transition Plan. CCMN and the City will develop and propose an
Employee Transition Plan and present it to the City Council by September 30, 2012. The
proposed Employee Transition Plan will be accompanied by one or more proposed ordinances to
implementing elements of the Employee Transition Plan that require such City Council action
and to amending this Agreement accordingly. Although City Employees may voluntarily resign
City employment and be hired by CCMJV, no City position existing in the "Museum. Program"
in the City's Adopted Budget as of the Effective Date of this Agreement will be eliminated nor
an employee involuntarily transferred to CCMN from these positions unless the change is
adopted by the City Council by ordinances described above.
18.5 Payroll and Taxation.
(a) City Payroll Until Transition. Until each City Employee leaves City employment,
either to transition to CCMN employment or otherwise, that employee will remain on
the City payroll for the continued provision of City compensation and benefits, employee
status, and payment of taxes and reporting, although the Museum Director will supervise
them.
(b) CCMJV Payroll After Transition. After each City Employee who chooses to
transition to employment with CCMN does so, CCMN shall make or cause to be made
all necessary payroll deductions for disability and unemployment insurance, Social
Security, withholding taxes, and other applicable taxes, and prepare, maintain, and file or
cause to be filed all necessary reports with respect to such taxes or deductions, and all
other necessary statements and reports.
ARTICLE 19
GOVERNANANCE
19.1 .Governance. The Museum shall be operated under the organizational chart set out in
Exhibit J. The Governance can be changed if the Governance effects any accreditation or
certification. The governance shall be modified to comply with any accreditation or certification
standards. The Governance can be changed upon an agreement with CCMJV and the City. Any
change in governance cannot effect any accreditation or certification.
ARTICLE 20
ROLES
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20.1 Advisory Board. The Advisory Board shall serve as an advisor to CCMJV and to the
City in matters of support and development of the Museum. The board may adopt
comprehensive policies relating to the management of collections, accession of objects for the
collections, disposition and deaccession of objects in and for the collections, and use of Museum
facilities. Any dispute with CCMJV and the Advisory Board shall be reviewed by the City
Manager. The City Manager shall make the final decision regarding policy.
20.2 General Manager. The General Manager manages Museum's finances, marketing and
revenue generating operations. General Manager's duties regarding the management of revenue
generating operations include admissions, gift shop operation, food service sales, and hosting
events. The General Manager can engage in fund raising activities on the behalf of the Museum.
20.3 Museum Director. The Museum Director is responsible for all core aspects of Museum
operations including exhibits, collection, fund raising, maintenance, educational programs,
accreditation and certifications. It is the director's responsibility to operate the Museum
according to best Museum practices such that both accreditations by the AAM (reviewed in
2017) and archeological repository certification by the THC (reviewed in 2015) will be
sustained. The Director ensures that the Museum operates in a manner that ensures that
environmental and security standards associated with collection preservation continues to be
maintained.
20.4 Museum Collection Manager. The Museum Collection Manager maintains collection
catalog and object files and makes the collection catalog data publicly accessible. The Museum
Collection Manager also supervises collection care for objects in storage, on exhibit, on loan, and
ongoing collection inventory. Supervision of the collection includes monitoring environmental
conditions in storage areas, making conservation recommendations and actively pursuing grants
that benefit collections care and use. Furthermore, the Museum Collection Manager serves as a
member of every exhibit development team to make certain that collections are integrated
appropriately into exhibits and proper safeguards are in place for object preservation. The
Museum Collections Manager can support the work of staff, volunteers, and researchers working
with the collection and work with honorary curators, adjunct curators, and collection committee
to develop collection management policies and procedures.
20.5 Museum Registrar. The Museum Registrar is responsible for accession of new
acquisitions, assess condition, maintaining accession records, processing deaccessions and
maintaining loans. Furthermore, Museum Registrar is responsible for maintaining a record of
values for insurance and maintaining a graphic record of significant objects. The Museum
Registrar also supervises and performs inventory of collections and data entry into collection
catalog. Additionally, Museum Registrar serves as a member of exhibit development team to
make certain that collections are integrated appropriately into exhibits and proper safeguards are
in place for object preservation. The Museum Registrar can supervise and train volunteers and
staff in proper methods of handling objects, in data entry work in proper inventory processes.
20.6 Museum Librarian. The Museum Librarian is responsible for maintaining information
regarding the collection and exhibits and making the library collection holdings publicly
accessible. The Museum Librarian is also responsible for maintaining subscriptions and
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acquiring reference publications for the collection, accession and inventory holdings and
maintaining Museum catalog. Additionally, Museum Librarian cares for archival materials in
storage, on exhibit, and on loan. This includes the supervision of staff, volunteers, and
researchers working in the library. The Museum Librarian can also research images and acquire
the rights for use of images in exhibits and educational presentations.
20.7 Museum Educator (Head Curator). The Museum Educator is responsible for leading
the education program development and delivery team for adults and students. The Museum
Educator also develops and presents programs for the public and for school tours including
generating lesson plans and providing reference material for teachers and source materials for
elementary students relevant to Museum exhibits and collections. Furthermore, the Museum
Educator serves as a member of every exhibit development team to make certain that the needs
of the school audience are addressed. The Museum Educator can work individually with
teachers, group leaders, and event planners to provide excellent customer service. The Museum
Educator can also recruit train, schedule and supervise staff and volunteers to provide needed
programming.
20.8 Museum Education Assistant. Museum Education Assistant is responsible for
presenting science topics and programs to the visiting public, youth groups, and school groups
under the supervision of the Museum Educator. Museum Education Assistant is also responsible
for putting information and classroom resources for teachers on the Museum's education
website, as well as update education and program information on the Museum's main website.
The Museum Education Assistant serves as a member of every exhibit development team to
make certain that the needs of the school audience are addressed.
20.9 Science Exhibit Protect Manager. Science Exhibit Project Manager is responsible for
maintenance activities for all exhibits and the Facility. The Science Exhibit Project Manager is
also responsible for assuring safety and security of collection objects from harm due to light,
dust, heat, and visitors. Furthermore, the Science Exhibit Project Manager provides a regular
program of safety training for staff and volunteers and an MSDS file for the chemicals currently
used in the Museum. The Science Exhibit Project Manager can present educational programming
to adult and student groups working collaboratively as a member of the education staff team
under the supervision of the Museum Educator.
20.10 History Exhibit Project Manager. History Exhibit Project Manager is responsible for
maintenance activities for all exhibits and the Facility. The History Exhibit Project Manager is
also responsible for assuring safety and security of collection objects from harm due to light,
dust, heat, and visitors. Furthermore, the History Exhibit Project Manager provides a regular
program of safety training for staff and volunteers and an MSDS file for the chemicals currently
used in the Museum. The History Exhibit Project Manager can present educational programming
to adult and student groups working collaboratively as a member of the education staff team
under the supervision of the Museum Educator.
ARTICLE 21
PROFESSIONAL STAFF
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21.1 Minimum Professional Staff. CCMJV shall maintain a professional staff of a minimum
of 8 employees for the following positions: Museum Director, Educator, Education Assistant,
Collection Manager, Librarian, Registrar, History Exhibits Project Manager, and Science
Exhibits Project Manager. The Minimum Professional Staff is subject to Article 21.2 and the
Employee Transition Plan in Article 18. Upon losing any one of these key positions, CCMJV
shall have two (2) months to restaff the position. if the position cannot be restaffed within two
(2) months, CCMJV may seek a two (2) month extension from the City Manager to fill that key
position..
21.2 Modification of Minimum Professional Staff. The Professional Minimum Staff
requirement in Article 21.1 can be increased or decreased upon request of the Museum Director
and approval by the City Manager. If the Museum Director determines that the Professional
Staff size needs modification, the Museum Director shall submit the details of the
position/positions and duties of the position/positions the Museum Director is seeking to modify
to the City Manager. The City Manager will make the final decision as to whether to modify or
not modify the Minimum Professional Staff required. If the City Manager does not approve of
the Professional Minimum Staff modification, the Minimum Professional Staff requirements in
effect at the time of denial shall remain in effect. Any modification approved by the City
Manager shall be in writing and will become the effective Minimum Staff Requirement.
21.3 Minimum Qualification and Experience for Professional Staff. CCMJV shall only
hire professional staff that meets the following qualifications for key staff positions:
(a) Museum Director's Minimum Qualifications. The Museum Director shall have a
master's degree in Museum studies, natural history, history, anthropology, or academic
field that relates to the collections of the Museum. This position requires ten years'
experience working in the Museum field including three (3) years in a leadership
position.
(b) Museum Collection Manager Minimum Qualifications. The Museum Collection
Manager must have a master's degree in Museum studies, natural history, history, or
anthropology field that relates to the collections of the Museum. This position requires
(2) two years' professional experience in a Museum or comparable facility; or any
equivalent combination of training, education or experience.
(c) Museum Registrar Minimum Qualifications. Museum Registrar must have a
Bachelor's degree in Museum studies, history, public history, American studies,
anthropology or other related field (Master's degree preferred). This position requires
(2) two years' Museum work experience or work in a comparable facility; or any
equivalent combination of training, education, or experience.
(d) Museum Librarian Minimum Qualifications. Museum Librarian must have a
Bachelor's degree in Museum studies, history, public history, American studies,
anthropology, library science or related field (Master's degree preferred) This position
requires (2) two years' experience working in a Museum or comparable facility; or any
equivalent combination of training, education, and experience.
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(e)
(1)
Museum Educator Minimum Qualifications. The Museum Educator must have a
master's degree in Museum studies, history, anthropology, or any field that relates to the
collections of the Museum. This position requires two (2) years' experience working in a
Museum or comparable facility; or any equivalent combination of training, education and
experience.
Museum Educator Assistant Minimum Qualifications. The Museum Educator
Assistant must a bachelor's degree in biology or environmental science, or any field that
relates to the collections of the Museum. This position requires (2) two years' experience
working in a Museum or comparable facility; or any equivalent combination of training,
education and experience.
(g) Science Exhibit Project Manager Minimum Qualifications. The Exhibit Project
Manager must have a master's degree in Museum studies with a specialty in
science /natural history that relates to the collections of the Museum. This position
requires two (2) years' work experience in a Museum or comparable facility; or any
equivalent combination of training, education, and experience.
(h) History Exhibit Project Manager Minimum Qualifications. The Exhibit Project
Manager must have a master's degree in Museum studies with a specialty in
history /anthropology field that relates to the collections of the Museum. This position
requires two (2) years' work experience in a Museum or comparable facility; or any
equivalent combination of training, education, and experience.
21.4 Waiver of Minimum Qualifications. CCMJV may seek a waiver of Minimum
Qualification for hiring a Professional Staff member. Any waiver sought shall only apply to a
candidate and not to the Professional Staff positions. Any waiver of Minimum Qualification for
Professional Staff shall be submitted in writing to the City Manager. If the City Manager denies
the waiver request, CCMJV may not hire the unqualified candidate. If the City Manger waives
the Minimum Qualification requirement, CCMJV may hire the candidate the waiver was sought
for. The approved waiver will not apply to previous or future candidates.
ARTICLE 22
FISCAL MATTERS
22.1 Capital Campaign. If CCMJV wishes to pursue any Capital Campaign, it must follow
the same approval process as Facility Improvements in Article 13. Any Capital Campaign shall
be conducted in good faith and must be in compliance with state and federal law.
22.2 Miscellaneous Fees and Prices. Subject to Article 11 of this Agreement, CCMJV shall
have the authority to set the amount of all prices and fees for services rendered or sales made to
the public or otherwise at the Museum, including without limitation, food and drink concessions,
souvenirs, parking, special exhibits, and other special events.
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22.3 Franchises or Concessions. CCMJV shall have exclusive authority to grant to any
nonprofit corporation or public or private organization franchises or concessions that further the
public use and enjoyment of the Museum.
22.4 Solicitation of Private and Public Funding. CCMJV shall assist the Friends of the
Museum or any other non -profit organization created to benefit the Museum : (a) use its best
efforts to (i) actively solicit private support for the Museum through membership fees and
charitable contributions and (ii) actively solicit federal, state or local grants or other funds to
support the operation and purposes of the Museum ; and (b) apply all funds contributed to it as
membership fees, charitable donations, public grants or loans, or any other sources, to the
Operating Expenses, Facility Improvements at the Museum and other Museum Purposes in
accordance with this Agreement. Facility Expenditures or Advertisement paid for by Private or
Public Funding shall not be reimbursed under Article 15, Article 25, or any other provision of
this Agreement.
22.5 Grant Funding. The City shall allow CCMJV to apply for grants in the City's name for
which CCMN might not otherwise be eligible subject to prior approval by the City Manager or
if the City Manager instructs, the City Council. The City Council retains the right to accept or
not accept grant funds so applied for. All grants to the City received for Museum shall be
transferred to CCMJV within thirty (30) days of the receipt of the grant funds, if permitted by the
terms of the grant. All grant money shall be expend to enhance the Museum or applied in
accordance to the terms of the grant.
ARTICLE 23
PROHIBITED TRANSACTIONS AND BENEFITS
23.1 Benefits to Organizations. CCMJV shall not contribute, donate, contract, or provide
any economic or non - economic benefits to the Friends of the Museum and their members, the
Auxiliary and their members, the Advisory Board and their members, or any other organization
created to benefit the Museum and their members. CCMJV shall not receive any contributions
or receive any economic or non - economic benefits from the Friends of the Museum, the
Auxiliary, or any other organization created for benefit the Museum. Only the Museum may
receive any economic or non - economic benefits from non - profit. organizations. CCMJV may
facilitate or manage the benefit received by the City made by an organization. At no time does
the benefit become property of CCMJV. This article shall not apply to CCMN's initial purchase
of gift shop items from the Auxiliary.
23.2 Memberships. CCMJV members, employees, or any affiliates cannot be members of the
governing board of Friends of the Museum, governing board of the Auxiliary, the Advisory
Board, or any other governing board of an organization created to benefit the Museum.
23.3 Benefits to Individuals. CCMJV shall not provide any economic or non - economic
benefit to any individual person affiliated with the City of Corpus Christi including City
employees, City Council, and City Mayor. CCMJV shall not receive any economic or non -
economic benefit from any individual person affiliated with the City of Corpus Christi including
City employees, City Council, and City Mayor.
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ARTICLE 24
REVENUE
24.1 Revenue Account. After the Effective Date, CCMJV shall collect all revenues and sales
tax. Revenues collected may be held in a CCMJV account. All revenues less sales tax shall be
deposited biweekly into an account maintained in the Depository in the name of the City. This
account will be the Revenue Account. CCMJV is not authorized to withdraw from the Revenue
Account. The City shall have the authority to withdraw proceeds from the Revenue Account.
24.2 Revenue Withdrawals. Beginning the third month of this Agreement, the City shall
withdraw the previous month revenue from the Revenue Account on a monthly basis until such
withdrawals total the Gross Benchmark Revenue for the Fiscal Year. The first month's revenue
will remain in the account to pay for bank fees and charges. Gross Revenue over the Gross
Revenue Benchmark shall be paid to CCMJV for reimbursement for Facility Improvement
Expenditures in accordance with Article 25. Facility Improvement Expenditure reimbursement
payments shall begin the following month Gross Revenue exceeds Gross Revenue Benchmark in
a Fiscal Year. The Facility Improvement Expenditure payment shall be made on or before the
fifteenth (15) day of such month. Management Fee payments shall begin the following month
Gross Revenue exceeds the total of Gross Benchmark Revenue plus Facility Improvement
Expenditure Reimbursement in a fiscal year. The Management Fee payment shall be made on or
before the fifteenth (15) day of such month. The remaining excess revenue shall be withdrawn
and applied to the City's General Fund.
24.3 General Fund Revenue. The revenue first -in within the Fiscal Year up to the Gross
Benchmark Revenue shall be applied to the City's General Fund. All revenue in the amount of
50% of Gross Revenue that exceeds the total of Gross Benchmark Revenue plus Facility
Improvement Reimbursement for each Fiscal Year shall be applied to the City's General Fund.
24.4 Gross Revenue Deficiency. CCMJV is required to generate a Gross Revenue of
$318,295 for the 2013 Fiscal Year and $347,231 for the 2014 Fiscal Year. CCMJV shall pay the
City the difference between the Gross Revenue Benchmark and the Gross Revenue for any Fiscal
Year that Gross Revenue does not exceed the Gross Revenue Benchmark. The payment of the
Gross Revenue Deficiency shall be made within 30 days of the end of the Fiscal Year in which
there was a Gross Revenue Deficiency. CCMJV's obligations to pay the City the difference
between the Gross Revenue Benchmark and Gross Revenue is subject to force majeure.
Therefore, to the extent that Museum Operations are interrupted as a result of acts of God, war or
civil disturbance, the obligation to make these payments will be suspended proportionately to the
number of days that CCMJV is unable to operate the Museum.
24.5 Proportionate Year. This section shall apply to the month of August 2014. All the
conditions of Article 24 shall be proportionally applied. August 2014 conditions shall be
proportionally applied based on the second Fiscal Year of this Agreement.
ARTICLE 25
FACILITY IMPROVEMENT REIMBURSEMENT
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25.1 Excess Revenue. CCMJV shall be entitled to reimbursement of Facility Improvement
Expenditures made under the Facility Improvement Plan submitted under Article 13. Only
Approved Facility Improvements made under the Facility Improvement Plan shall be eligible for
Facility Improvement Reimbursement. Facility Improvement Expenditures shall be reimbursed
in any such Fiscal Year the Gross Revenue exceeds the Gross Benchmark Revenue. If the
difference between Gross Revenue and Gross Benchmark Revenue is greater than Facility
Improvement Expenditures, CCMJV shall be completely reimbursed for Facility Improvement
Expenditures. If the difference between Gross Revenue and Gross Benchmark Revenue is less
than Facility Improvement Expenditures, all the difference will be paid to reimburse CCMJV for
Facility Improvement Expenditures. Any unreimbursed Facility Improvement Expenditures for
the Fiscal Year shall carry forward to the following Fiscal Year. Any Facility Improvements
Expenditures made in a Fiscal Year after Management Fees have been paid shall carry forward
to the following Fiscal Year. Payments for Facility Improvement Reimbursements shall be made
in accordance with Article 24.
25.2 No Excess Revenue. Facility Improvements expenditures which are not reimbursed in
any Fiscal Year will be carried forward to the following year. CCMJV is not entitled to
reimbursement for Facility Improvements if revenues do not exceed Gross Benchmark
Revenues. At the end of the Agreement, any Facility Improvement Expenditures which have not
been reimbursed will be at the sole expense of CCMJV, and the City shall have no responsibility
for the payment of same.
25.3 Long Term Plan. Upon execution of a long term agreement between the City and
CCMJV, CCMJV may carry over the Unreimbursed Facility Improvement Expenditures for
reimbursement as per the long term agreement.
25.4 Unreimbursed Facility Improvement Expenditures. Facility Improvement
Expenditures are not a loan to the City and the terms of this Agreement shall not be interpreted to
construe or treat the Facility Improvement Expenditures as a loan to the City to be repaid to
CCMJV by the City. Any Facility Improvement Expenditures that are not reimbursed under the
terms of this Agreement shall not be reimbursed. CCMJV will receive no compensation for
unreimbursed facility expenses and the City shall retain all facility improvements. The City
makes no guarantee that Facility Improvement Expenditures shall be reimbursed.
ARTICLE 26
MANAGEMENT FEE
26.1 Management Fee. As compensation to CCMJV for providing the services herein
specified during the Term with regards to managing the Museum, the city shall pay CCMJV in
the amount of 50% of Gross Revenue that exceeds the sum of Gross Benchmark Revenue and
Facility Improvement Reimbursement for each Fiscal Year.
ARTICLE 27
REPORTING OBLIGATIONS
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27.1 Annual Report for Financial Accounting. On or before September 1 of each year
throughout the Term of this Agreement, CCMJV shall, at its sole expense, prepare and submit to
the City Manager for his or her review, the Annual Report. This report will provide a general
summary of the Museum's operations and will include a complete financial accounting for all
funds, including use of major maintenance funding and a listing of all capital investments made
at the Museum. In addition, CCMJV will also evaluate its performance in the area of customer
service.
27.2 Annual Plan. At least thirty (30) days prior to the beginning of each Fiscal Year for
CCMJV, CCMJV shall, at its sole expense, prepare and submit to the City Manager for his or her
information, an Annual Plan. The City Manager shall present this plan to the City Council as an
informational item. The Annual Plan shall, at a minimum, present the Facility Improvement Plan
for the Museum, an evaluation of existing exhibits, a description of major programmatic changes
planned at that time for the ensuing year, and any proposed changes in fees at the Museum.
27.3 Supplementary Reports. In addition to submitting the Annual Report and Annual Plan
to the City Manager, CCMJV shall also submit the following reports:
(a) Quarterly Reports. Beginning six (6) months after the mutual execution of this
Agreement and on a quarterly basis afterwards throughout the term of this Agreement,
CCMJV shall, at its sole expense, prepare and submit to the City Manager a quarterly
report setting forth a summary of the operations of the Museum and the services provided
by CCMJV at the Museum for the preceding quarter.
(b) Annual Report for Expenditures. Beginning six (6) months after the mutual execution
of this Agreement and on an annual basis afterwards throughout the term of this
Agreement and any renewal, whichever is shorter, CCMJV shall, at its sole expense,
prepare and submit to the City Manager an annual report detailing the expenditures made
by CCMJV for the preceding year.
(c) Monthly Report. Beginning one month after the mutual execution of this Agreement
and on a monthly basis afterwards throughout the term of this Agreement, CCMJV shall,
at its sole expense, prepare and submit to the City Manager a monthly report outlining the
finances of the Museum for the previous month. This report shall include a summary of
revenue from various sources and an accounting of costs.
27.4 Annual Independent Audit. Within sixty (60) days after the end of each Fiscal Year,
CCMJV shall arrange for an audit of its books and records by an independent, certified public
accountant; this audit shall be conducted at CCMJV's sole cost and expense and shall cover the
previous Fiscal Year. CCMJV shall deliver to the City Manager an original, signed copy of each
such annual audit, by the earlier of: (a) thirty (30) days after the completion of such audit or (b)
ninety (90) days after the end of the Fiscal Year covered by such audit.
27.5 Reconciliation of Accounts. Within sixty (60) days after the end of each Fiscal Year,
CCMJV shall reconcile the Revenue Account, Operation Support Account, and Collection Fund
Account for each Fiscal Year.
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ARTICLE 28
BOOKS AND RECORDS
28.1 Financial Records. CCMJV shall establish and maintain books, records, and systems
of account relating to the Museum's Gross Revenue and Operating Expenses in accordance with
generally accepted accounting practices & City record retention policies. These records shall, to
the extent necessary to meet requirements for audits under Article 28.2 of this Agreement, be
retained by CCMJV for four (4) years after the termination date of this agreement and made
available to the City upon request.
28.2 City Audit Participation. If requested by the City, CCMJV shall make available all
information reasonably necessary for the City and the State Auditor to perform audits of the use
and application of all revenues, grants, and fees, all City funds, except for private fundraising
activities and private donor information, received by CCMJV during the current and preceding
year, including Museum operations and management.
ARTICLE 29
CCMJV CODE OF ETHICS
29.1 CCMJV Code of Ethics. CCMJV shall have a Code of Ethics governing its members,
employees, and activities consistent with applicable requirements of state and federal laws and
American Association of Museum and Texas Historical commission standards. The City may
request from CCMJV those documents necessary for the City to confirm the establishment of an
ethics and conflict of interest policy.
29.2 Ethics Report. CCMJV will report on compliance with the ethics and conflict of interest
policy, and any issues that have arisen as a result, in the Annual Report.
ARTICLE 30
INSURANCE
30.1 Liability Insurance. CCMJV, at no expense to the City, shall obtain and maintain
continuously, throughout the Term of this Agreement, policies of insurance as enumerated
below. Such policies: (i) shall be subject to approval by the City's Risk Manager as to company,
form and coverage, and primary to all other insurance the City may secure; and (ii) must protect
the City from any and all claims and risks in connection with any activity performed by CCMJV,
or any of its respective officers, employees, agents, contractors or assigns, by virtue of this
Agreement or any use and occupancy of the Premises authorized by this Agreement. It is
understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this Agreement.
(a) Commercial General Liability Insurance. A policy of Commercial General Liability
Insurance, written on an insurance industry standard occurrence form or equivalent, shall
include all the usual coverages known as: Commercial Broad Form, Premises /Operations
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Liability, Products /Completed Operations, Contractual Liability, Independent
Contractors, and Personal/Advertising Injury. Such policy or policies must provide the
minimum limit of $ 1,000,000 combined single limit insuring against all liability of
CCMJV and its General Managers and/or Contract Administrators arising out of and in
connection with CCMJV's use or occupancy of the Museum , and premises liability. The
minimum limits on these policies will be adjusted periodically by the City so that the
limits generally reflect the values of the policies as of the date this agreement is signed.
(b) Business Automobile Liability Insurance. A policy of Business Automobile Liability
Insurance, including coverage for any owned, nonowned, leased or hired vehicles, written
on an insurance industry standard form or equivalent must provide the minimum limit of
$500,000 combined single limit.
(c) Liquor Liability Insurance. A policy of Liquor Liability Insurance written on an
insurance industry standard form or equivalent must provide the minimum limit of
Contingent Liquor liability insurance with a combined single limit of $1,000,000 and
$2,000,000 in the aggregate.
(d) Crime and Fidelity Coverage. A policy of Crime and Fidelity Insurance written on an
insurance industry standard form or equivalent must provide the minimum limit of
$500,000 per occurrence of coverage for (i) employee dishonesty, (ii) forgery or
alteration, (iii) theft, disappearance and destruction inside and outside the Museum ; and
(iv) robbery and safe burglary inside and outside the Museum .
(e)
Workers' Compensation and Employers' Liability. CCMJV must obtain Workers'
Compensation and Employers' Liability coverage through a licensed insurance company
in accordance with Texas law. The contract for coverage must be written on a policy and
with endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation
obligations incurred will be promptly met. A policy of Workers' Compensation insurance
written on an insurance industry standard form or equivalent, as may be required by law
must provide the minimum limit, including employer's liability coverage of $500,000 per
person per occurrence and $500,000 per person per disease, and $500,000 aggregate
disease.
30.2 Policy Rating and Primary Insurance Requirements. All policies shall be subject to
approval by the City's Risk Manager as to insurance company (must be rated A -VII or better in
the A.M. Best's Key Rating guide and licensed to do business in the State of Texas or issued as a
surplus lines by a Texas Surplus Lines broker), form and coverage, deductibles, and primary to
all other insurance.
30.3 Policy Requirements. CCMJV agrees that with respect to the above required insurance,
all insurance policies are to contain or be endorsed to contain the following required provisions:
(1) Name the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the Workers'
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Compensation policy; (2) Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured shown on the policy;
(3)Workers' Compensation and Employers' Liability policies will provide a waiver of
subrogation in favor of the City; and (4) Provide thirty (30) calendar days advance written notice
directly to City of any suspension, cancellation, non- renewal or material change in coverage, and
not less than ten (10) calendar days advance written notice for nonpayment of premium.
30.4 Proof of Policy. CCMJV shall furnish to the Risk Manager or designee two (2) copies
of Certificates of Insurance with applicable policy endorsements, showing the following
minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee.
The City must be named as an additional insured for the General Liability policy, and waiver of
subrogation in favor of the City is required on all applicable policies.
30.5 Request of Policy. The City shall be entitled, upon request and without expense, to
receive copies of the policies, declarations page and all endorsements thereto as they apply to the
limits required by the City, and may require the deletion, revision, or modification of particular
policy terms, conditions, limitations or exclusions (except where policy provisions are .
established by law or regulation binding upon either of the parties hereto or the underwriter of
any such policies). CCMJV shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below within 10
days of the requested change. CCMJV shall pay any costs incurred resulting from said changes.
All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
Fax # - (361) 826 -4555
30.6 Commencement of Work. Prior to the commencement of any work under the
Agreement, CCMJV shall furnish an original completed Certificate(s) of Insurance to the City
which shall be completed by an agent authorized to bind the named underwriter(s) and their
company to the coverage, limits, and termination provisions shown thereon, and which shall
furnish and contain all required information referenced or indicated thereon. The original
certificate(s) must have the agent's original signature, including the signer's company affiliation,
title and phone number, and be mailed directly from the agent to the City. The City shall have
no duty to pay or perform under this Agreement until such certificate shall have been delivered
to the City, and no officer or employee, other than the City's Risk Manager, shall have authority
to waive this requirement. CCMJV shall not commence work under this agreement until all
insurance required herein has been obtained and approved by the City's Risk Manager or
designee. CCMJV must not allow any subcontractor to commence work until all similar
insurance required of the subcontractor has been so obtained.
30.7 Primary Insurance. It is agreed that CCMJV's insurance shall be deemed primary and
non - contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this Agreement.
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30.8 Liability Insurance Modification. The City reserves the right to review the insurance
requirements of this section during the effective period of the Agreement and any extension or
renewal thereof and to modify insurance coverage and their limits when deemed necessary and
prudent by the Risk Manager based upon changes in statutory law, court decisions, or
circumstances surrounding the Agreement, but in no instance will the City allow modification
whereupon the City may incur increased risk.
30.9 Policy Renewal. Within five (5) calendar days of a suspension, cancellation, or non -
renewal of coverage, CCMJV shall provide a replacement Certificate of Insurance and applicable
endorsements to City. Failure to provide and to maintain the required insurance shall constitute a
material breach of this Agreement.
30.10 Failure to Insure. In addition to any other remedies the City may have upon CCMJV's
failure to provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order CCMJV to stop work hereunder,
and/or withhold any payment(s) which become due to CCMJV hereunder until CCMJV
demonstrates compliance with the requirements hereof.
30.11 Property Insurance. The City currently maintains property insurance on a citywide
basis for its facilities, including facilities at the Museum. Throughout the Term of this
Agreement, the City shall maintain such property insurance (and be responsible for all premiums
for such insurance) on City facilities, including Museum facilities, as the City determines is
fiscally responsible to maintain. The City will not determine what property insurance to maintain
on Museum facilities separately, but only as part of its overall determination as to the appropriate
level of property insurance for City facilities citywide. City's Property Insurance "scheduled"
policy coverages are in Exhibit K and scheduled values for Museum facilities are in Exhibit L.
30.12 Business Interruption Insurance. The City will not be responsible for any "business
interruption" losses suffered by CCMJV as a result of damage to a Museum facility. CCMJV
shall determine whether to acquire insurance to cover any such losses.
30.13 Waiver of Subrogation. The parties release each other from any claims for damage
caused by or resulting from risks insured against under any insurance policies carried by the
parties under this Agreement. The parties agree to cause the issuers of the insurance policies
maintained by them hereunder to include waivers of the rights of recovery and subrogation.
30.14 Payment of Damages. Nothing herein contained shall be construed as limiting in any
way the extent to which CCMJV may be held responsible for payments of damages to persons or
property resulting from CCMJV's or its subcontractors' performance of the work covered under
this Agreement.
30.15 Report of Accident. In the event of accidents of any kind related to this Agreement,
CCMJV shall furnish the Risk Manager with copies of all reports of such accidents within ten
(10) days of the accident.
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30.16 Proceeds of Casualty Insurance. If either the Museum or any part is damaged or
destroyed by fire or other casualty, the City will determine whether or not repairs and restoration
are practicable and feasible and will inform CCMJV in writing of its election to make or not
make any such repairs and restoration within one hundred twenty (120) days following the date
of such damage or destruction. All proceeds of any casualty insurance paid for by the City shall
be the exclusive property of the City and CCMJV shall have no rights to receive any sums
therefrom. If the City elects not to repair or restore, the City shall have the right to terminate this
Agreement with respect to the Museum, without penalty, premium or fee, by sending notice to
CCMJV. If the City elects not to restore any damaged or destroyed facilities' improvements and
there is an outstanding approved facility expenditure due to CCMJV, then City shall pay to
CCMJV from the casualty insurance proceeds that portion of the casualty insurance proceeds
attributable to the improvements, but in no event in an amount to exceed the outstanding facility
expenditure. If the City elects not to restore the Museum (whichever has been damaged) but
within one (I) year following termination of this Agreement decides to restore the same, the City
shall give written notice thereof to CCMJV whereupon CCMJV shall have a period of thirty (30)
days in which to elect to enter into, and actually enter into, a new contract with the City for
operation of the same following its restoration which contract shall be on the same terms and
conditions described herein except that the term shall be only for the portion of the term hereof
lost due to termination under this Section. If on the other hand, the City elects to repair and
restore, the City shall give written notice thereof to CCMJV whereupon CCMJV shall have a
period of thirty (30) days in which to elect to enter into, and actually enter into, a new contract
with the City for operation of the same following its restoration which contract shall be on the
same terms and conditions described herein except that the term shall be only for the portion of
the term hereof lost due to termination under this Section.
ARTICLE 31
REPRESENTATIONS AND WARRANTIES
31.1 Representations and Warranties. CCMJV represents and warrants to the City and
covenants as follows:
(a) Mission. CCMJV is capable in aspects related to the operation and management of the
Museum and agrees to apply its best efforts and most efficient methods in the full
operation and management of the Museum.
(b) Formation. CCMJV is a limited liability company duly incorporated, validly existing
and in good standing under the laws of the State of Texas.
(c) Authority. CCMJV has full power and authority (corporate or otherwise) to enter into
this Agreement and to consummate the transactions contemplated by it. This Agreement
has been duly authorized by all necessary action on the part of CCMJV and no other
corporate or other action on the part of CCMJV is necessary to authorize the execution
and delivery of this Agreement. The individual executing this Agreement for CCMJV has
full authority to do so and to bind CCMJV to its terms.
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(d) Conflicts and Consents. The execution and delivery by CCMJV of this Agreement and
the performance by CCMJV of the transactions contemplated in it will not violate any
federal, state, or local law, rule, or regulation, or conflict with or result in any breach or
violation of, or constitute a default (or an event which with notice or lapse of time or both
would become a default) under, or constitute an event or condition that would permit
termination or acceleration of the maturity of, the Articles of Incorporation, bylaws or
partnership agreement of CCMJV (as applicable) or any indenture, mortgage, lease,
agreement, or other instrument or obligation to which CCMJV is a party or by which it
may be bound whose termination or acceleration would materially adversely affect the
ability of CCMJV to perform its obligations under this Agreement. No approval,
authorization, consent, or other order or action of, or filing or registration with, any
person, entity, or governmental authority is required for the execution and delivery by
CCMJV of this Agreement.
(e) Conflict with Orders, etc. The execution and delivery by CCMJV of this Agreement
will not conflict with any order, judgment, or decree of any court, government,
government agency, or instrumentality, whether entered pursuant to consent or otherwise,
by which CCMJV may be bound or affected.
(f) Litigation. There is no litigation, action, arbitration, grievance, administrative
proceeding, suit, or claim filed and pending, nor is there any investigation by a
governmental agency of CCMJV or any of its affiliates that, if adversely decided, could
have a material adverse impact on CCMJV's ability to perform its obligations under this
Agreement.
ARTICLE 32
FORCE MAJEURE
32.1 Force Majeure. As used in this Agreement, the term "Force Majeure" with respect to a
delay in performance shall mean any delay that is attributable to: (a) any strike, lockout or other
labor or industrial disturbance (whether or not on the part of the employees of either party), civil
disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage,
blockade, embargo, inability to secure customary materials, supplies or labor through ordinary
sources by reason of regulation or order of any government or regulatory body; (b) any changes
in any applicable laws or the interpretation; or (c) any lightning, earthquake, fire, storm,
hurricane, tornado, flood, washout, explosion, or any other cause beyond the reasonable control
of the party from whom performance is required and of its contractors or other representatives.
Any prevention, delay, or stoppage in a party's performance due to Force Majeure shall excuse
the performance of the party affected for a period of time equal to any such prevention, delay, or
stoppage; provided, however, that during the period of any such delay or stoppage, the party
whose performance is excused shall take all reasonable steps to minimize the length of such
delay or stoppage.
ARTICLE 33
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INDEMNITY
33.1 Indemnification and Hold Harmless. CCMJV, its officers, agents, and employees
( "Indemnitor ") shall indemnify and hold the City of Corpus Christi, its officers, agents,
employees and representatives ( "Indemnitees "), harmless and defend with counsel retained by
CCMJV, from and against any third-party action, cause of action, suit, debt, cost, directly- related
reasonable expense (including reasonable attorneys' fees, court costs or investigation costs),
claim, or demand brought or asserted by any third -party whomsoever (collectively, "Claims "),
including but not limited to claims on account of personal injuries or death or damage to
property, at law or in equity, which any Indemnitees may suffer or sustain or which may be
asserted or instituted against any of Indemnitees resulting from or in connection with (i) the
negligence or willful misconduct of CCMJV or its agents, contractors or employees; (ii) any
breach or default by CCMJV of any of its warranties, representations, covenants, or obligations
made in this Agreement; or (iii) the violation of any copyright, patent, service mark, trade name
or trademark by CCMJV; provided, however, that the foregoing indemnification shall not extend
to Claims to the extent such Claims (A) arise from any breach or default by the City of any of its
warranties, representations, covenants or Obligations made in this Agreement, as determined by
a court of competent jurisdiction, (B) are caused by or arise out of the services provided by the
architects, engineers and other agents (other than CCMJV) retained by the City in connection
with capital improvements or capital equipment purchases at the Facility, (C) arise from the fact
that at any time prior to, as of, or after the commencement of the term hereof the Facility and its
premises are not or have not been, in compliance with all federal, state, local and municipal
regulations, ordinances, statutes, rules, laws and constitutional provisions including, but not
limited to, all handicap accessibility laws, rules and regulations, (D) arise from any obligation or
liability under or in respect of any contract, agreement or other instrument executed by CCMJV
as authorized herein unless CCMJV's acts or omissions in administration thereof are the basis for
such liability, as determined by a court of competent jurisdiction, (E) arise from any act or
omission carried out by CCMJV at or pursuant to the express direction or instruction of the
City's Contract Administrator (but only if CCMJV advises the City's Contract Administrator in
writing, promptly following such direction, that CCMJV believes such direction to be imprudent)
, or (F) arise from acts of negligence or willful misconduct of City's agents, employees or
subcontractors. City agrees to promptly notify CCMJV of any Claim received by the City. This
indemnity specifically includes any Claims brought by CCMJV's officers, agents, contractors, or
direct employees. This indemnity shall continue notwithstanding the termination of this
Agreement with respect to any act or occurrence preceding the termination.
33.2 Relationship to Insurance Obligations. Nothing contained in this Article 33 shall be
construed to affect the allocation of responsibilities between the Parties or the insurance
coverages required in Article 30 of this Agreement.
ARTICLE 34
DEFAULT; TERMINATION OF AGREEMENT; REMEDIES
34.1 Termination by City. The City shall have the right to terminate this Agreement
following an Event of Default. The following shall constitute "Events of Default" under this
Agreement:
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(a) failure of CCMJV to perform or comply with any covenant or condition made under this
Agreement, or failure of any representation or warranty made by CCMJV in this
Agreement to have been or to continue to be true and correct, provided CCMN shall
have a period of sixty (60) days from the date of written notice from the City within
which to cure such default, or, if such default is not legally capable of cure within such
60 -day period, CCMN shall have a reasonable period to complete such cure if CCMJV
promptly undertakes action to cure such default within such 60 -day period and later
diligently prosecutes such action to completion;
(b) abandonment or assignment or encumbrance or transfer of this Agreement or of the
Property by CCMJV, without the prior written consent of City; and
(c) the appointment of a receiver to take possession of all or substantially all of the assets of
CCMJV, or an assignment by CCMJV for the benefit of creditors, or any action taken or
suffered by CCMJV under any insolvency, bankruptcy, reorganization, moratorium, or
other debtor relief act or statute, whether now existing or later amended or enacted, if any
such receiver, assignment, or action is not released, discharged, dismissed, or vacated
within sixty (60) days.
(d) The above is in addition to any other right to terminate explicitly given to the City
elsewhere in this Agreement.
34.2 Termination by CCMJV. In the event the City fails to timely pay any portion of any
fee due under this Agreement or to perform any other obligation required to be performed by the
City, and such failure is not cured within sixty (60) days after written notice of such failure has
been delivered to the City by CCMJV, CCMN shall have the right to terminate this Agreement;
provided that if such default is not legally capable of cure within such 60 -day period, the City
shall have a reasonable period to complete such cure if the City promptly undertakes action to
cure such default within such 60 -day period and later diligently prosecutes such action to
completion. The above is in addition to any other right to terminate explicitly given to CCMJV
elsewhere in this Agreement.
ARTICLE 35
SURRENDER OF PREMISES
35.1 Surrender of Premises- Transition. Upon the Termination Date or other termination
of this Agreement, CCMJV shall (a) promptly remit to the City funds which are due and owing
pursuant to the terms of this Agreement, including funds not expended but held by CCMJV, and
(b) peaceably quit and surrender to the City the Premises and Property together with all
permanent improvements approved by the City, in good order and condition, normal wear and
tear and damage caused by casualty or condemnation excepted. In order to determine the proper
remittance to the City under the above- mentioned clause (a), CCMJV agrees throughout the term
of this Agreement to segregate Revenue and Operation Support Payment in an account or
accounts separate from other funds held by CCMN. The Premises and Personal Property shall
be surrendered free and clear of all liens and encumbrances other than presently existing liens
and encumbrances and any other encumbrances created or approved in writing by City. CCMJV
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shall, immediately before the Termination Date or other termination of this Agreement, remove
all of CCMJV's Property as provided in this Agreement, and repair any damage resulting from
the removal.
CCMJV's obligations under this Article shall survive the Termination Date or other termination
of this Agreement. Any items of CCMJV's Property which shall remain in the Premises after the
Termination Date of this Agreement may, at the option of the City, be deemed abandoned and in
such case may be disposed of by City in any manner allowed by law.
Upon the termination of this Agreement for any reason, CCMJV and the City shall cooperate to
the fullest reasonable extent in effecting an orderly and efficient transfer of the operation and
management of the Museum from CCMJV to the City or its designee. Such cooperation shall
include without limitation the entry into such agreement, the execution of such documents and
the convening of such meetings as may be reasonable required to affect such transfer.
ARTICLE 36
HAZARDOUS MATERIALS
36.1 Definitions. As used in this Agreement, the following terms shall have the meanings
set forth below:
(a)
(b)
"Environmental Laws" means any applicable federal, state, and local laws (whether
under common law, statute, ordinance, rule, regulation, code, or otherwise), permits,
orders, decrees, and other requirements of governmental authorities relating to the
protection of human health or the environment, whether existing as of this date,
previously enforced, or subsequently enacted.
"Hazardous Material" means any element, compound, chemical, chemical mixture, or
other substance that is identified as, or determined to be, a hazardous, toxic, or dangerous
substance, pollutant, contaminant, waste, or material under, or is otherwise regulated
under, any Environmental Law or other law relating to chemical management,
environmental contamination, environmental cleanup, or nuisances, including, without
limitation, petroleum and petroleum products, asbestos, radon and other radioactive
materials, bio- hazards, and lead -based paint.
(c) "Release" when used with respect to Hazardous Material shall include any actual or
imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting,
escaping, leaching, dumping, or disposing in, on,. under, or about any other part of the
Property.
36.2 No Hazardous Materials. CCMJV covenants and agrees that neither CCMN nor any
of its agents or Invitees shall . cause or permit any Hazardous Material to be brought upon, kept,
used, stored, generated, or disposed of in, on, or about the Property, or transported to or from the
Property, provided that CCMN may use such substances in such limited amounts as are
customarily used in the operation and maintenance of a Museum so long as such use is in
compliance with all applicable Environmental Laws. Each party shall immediately notify the
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other party if and when such party learns or has reason to believe there has been any Release of
Hazardous Material on or about the Property.
36.3 CCMJV's Environmental Indemnity. If CCMJV breaches any of its obligations
contained in this Article, or, if any act, omission or negligence of CCMJV or any of its agents or
Invitees results in any contamination of the Premises or any other part of the Property or in the
Release of Hazardous Material from, on, about, in, on or beneath the Property, then CCMJV
shall Indemnify the City from and against all losses (including, without limitation, the loss or
restriction of the use of the Property and sums paid in settlement of claims, fines, civil penalties,
attorney's fees, consultants' fees and experts' fees and costs) arising during or after the Term of
this Agreement and relating to such Release; provided, however, that the Indemnity contained in
this Article shall not apply to any losses resulting from a Preexisting Condition. The above -
mentioned indemnity includes, without limitation, costs incurred in connection with the
investigation of site conditions and all activities required to locate, assess, evaluate, remediate,
clean up, remove, contain, treat, stabilize, monitor or otherwise control any Hazardous Material,
and to restore the Property to its prior condition. Without limiting the above, if CCMJV or any of
its agents or invitees causes or permits the Release of any Hazardous Materials on, about, in or
beneath the Property, CCMJV shall, immediately, at no expense to the City, take any and all
necessary actions to abate and remediate the Release in accordance with all Environmental Laws.
CCMJV shall afford the City a full opportunity to participate in any discussions with
governmental regulatory agencies regarding any settlement agreement, cleanup or abatement
agreement, consent decree, or other compromise or proceeding involving Hazardous Material.
ARTICLE 37
ASSIGNMENTS; SUBCONTRACTING
37.1 Assignments; Subcontracting. CCMJV has been chosen by the City to operate and
manage the Museum in reliance upon CCMJV's stated and unique expertise, skill, knowledge,
and mission. CCMJV shall not assign, transfer, mortgage or encumber its interest in this
Agreement or any other right, privilege or license conferred by this Agreement, either in whole
or in part. Any assignment or encumbrance shall be voidable and, at the City's election, shall
constitute a material default under this Agreement. Without limiting the obligations of CCMJV
under this Agreement, CCMJV shall have the right and the authority to enter into contracting
arrangements with any other person or entity (including without limitation the City or other City
agency) for the provision of any service required or allowed to be performed by CCMJV under
this Agreement.
ARTICLE 38
NOTICES
38.1 Notices. All notices required to be given shall be in writing and either delivered
personally or sent by certified mail to the appropriate address listed below, or at such other
address as shall be provided by written notice. Notice shall be deemed communicated two
Business Days from the time of mailing if mailed as provided in this Article. For convenience of
53
the parties, copies of notices may also be given by other means; however, neither party may give
official or binding notice except by personal delivery or by certified mail.
If to Corpus Christi Museum
Joint Venture:
If to the City of Corpus Christi:
William Durrill
615 Upper Broadway
Corpus Christi, Texas 78401
Ronald L. Olson
City Manager
City of Corpus Christi
1201 Leopard
P.O. Box 9277
Corpus Christi, Texas 78469
ARTICLE 39
COMPLIANCE WITH LAWS
39.1 Generally. CCMJV shall comply and conform with all laws and all governmental
regulations, rules, and orders that may from time to time be put into effect relating to, controlling
or limiting the use and operation of the Museum. CCMJV shall secure, or cooperate with the
City in its securing, all permits and licenses specifically required for the operation of the
Museum (copies of which shall be promptly provided to the City), and shall comply with all
applicable laws and regulations relating to labor employed in and relating to the operation of the
Museum.
39.2 Preexisting Conditions. Notwithstanding any other provision of this Agreement to the
contrary, CCMJV shall incur no liability for, or assume any obligation to correct, any Preexisting
Condition; provided, however, that CCMJV shall use its reasonable efforts to (a) identify all such
Preexisting Conditions and notify the City immediately of their existence, (b) take all reasonable
action necessary to minimize any risk of injury or liability that may be occasioned by such a
Preexisting Condition, and (c) to the extent funds are or become available, as referred to in the
following sentence, take all reasonable action necessary to correct any such Preexisting
Condition; provided further, however, that the above shall not condition or limit City's Indemnity
under Article 33 above. The City agrees to use its reasonable efforts to assist CCMJV in
obtaining such grants or other funds as may be available to assist in the financing of any work
performed to bring any building, structure or service within the Premises into compliance with
any applicable local, state or federal law or regulation, including without limitation the
Americans with Disabilities Act of 1990. Nothing in this Article shall eliminate any obligation of
CCMJV to ensure that all new construction, remodeling or rehabilitation work performed by
CCMJV at the Museum is completed in compliance with all applicable local, state, and federal
laws and regulations. Either party shall have the option of terminating this Agreement in the
event the parties are unable to satisfactorily resolve any Preexisting Condition.
39.3 Americans with Disabilities Act. CCMJV acknowledges that the Americans with
Disabilities Act (the "ADA ") requires that programs, services, and other activities provided by a
54
public entity to the public, whether directly or through a contractor, must be accessible to the
disabled public. CCMJV further acknowledges its obligation to comply with the ADA and any
other federal, state or local disability rights legislation. CCMJV warrants that it will fulfill that
obligation, and that it will not discriminate against disabled persons in the provision of services,
benefits or activities pursuant to this Agreement.
39.4 Non - Discrimination Ordinances. CCMJV shall comply with all provisions of CORPUS
CHRISTI, TEX., CODE §24 -82, as amended, recodified or reenacted from time to time, relating to
equal opportunity in employment and business practices. Such provisions are incorporated in this
Agreement and by reference made a part of this Agreement as though fully set forth in this
Agreement.
ARTICLE 40
TAXES, ASSESSMENTS, LICENSES, PERMIT FEES, AND LIENS
40.1 Taxes, Assessments, Licenses, Permit Fees, and Liens. CCMJV agrees to pay taxes of
any kind, including any possessory interest taxes (unless exempt under Texas law), that may be
lawfully assessed on or on account of the performance of this Agreement and to pay all other
taxes, excises, licenses, permit charges, and assessments based on CCMJV's use of the Premises
that may be imposed upon CCMJV by law, all of which shall be paid when such sums become
due and payable and before delinquency. CCMJV agrees not to allow or suffer a lien for any
such taxes to be imposed upon the Premises or upon any equipment or property located there
without promptly discharging such lien, provided that CCMJV, if so desiring, may have
reasonable opportunity to contest the validity of it. If CCMJV intends to contest or to fail to pay
when due any tax or fee referred to in the preceding sentence, CCMJV shall provide the City
with at least 30 -days' notice of that intention before the tax is due, explaining its reasons.
40.2 Sales Tax. CCMJV shall collect and remit all sales tax required by law. CCMJV shall
be responsible for the payment of all sales tax collected. If CCMJV intends to contest or to fail
to pay when due any tax or fee referred to in the preceding sentence, CCMJV shall provide the
City with at least 30 -days' notice of that intention before the tax is due, explaining its reasons.
40.3 Unpaid taxes. The City may choose to pay the tax on behalf of CCMJV, and if it is later
determined the tax or some portion of it validly owed, CCMJV shall reimburse the City within
thirty (30) days of written demand.
ARTICLE 41
MISCELLANEOUS
41.1 Liability of the City. The City's obligations to CCMJV under this Agreement shall be
limited to the terms and conditions set forth in this Agreement. Notwithstanding any other
provision in this Agreement to the contrary, in no event shall the City be liable, regardless of
whether any claim is based on contract or tort, for any special, consequential, indirect or
incidental damages, including without limitation lost profits, arising out of or in connection with
this Agreement or the services performed in connection with this Agreement.
55
4L2 Liability of CCMJV. CCMJV's obligations to the City under this Agreement shall be
limited to the terms and conditions set forth in this Agreement. Notwithstanding any other
provision in this Agreement to the contrary, in no event shall CCMJV be liable, regardless of
whether any claim is based on contract or tort, for any special, consequential, indirect or
incidental damages, including without limitation lost profits, arising out of or in connection with
this Agreement or the services performed in connection with this Agreement.
41.3 Liens. CCMJV shall keep the Premises and Personal Property free from any liens
arising out of any work performed, material furnished or obligations incurred by or for CCMJV
and any other liens or encumbrances.
41.4 Parties and Their Agents. As used in this Agreement, the term "agents" when used
with respect to either party shall include the agents, employees, officers, and representatives of
such party. All approvals, consents or other determinations permitted or required by the City
shall be made by or through the City Manager unless otherwise provided in this Agreement or
unless the City gives notice otherwise to CCMJV.
41.5 Dispute Resolution. In the event of a dispute between CCMJV and the City regarding
any term of this Agreement, the parties shall attempt to resolve the matter informally through the
following mechanism: the City Manager and CCMJV management, or their respective designees,
shall meet to review and discuss the matters in dispute; if the City Manager and CCMJV are
unable to reach a mutual resolution, either party may submit the matter to a nonbinding,
structured mediation procedure fashioned by persons or organizations experienced in alternative
dispute resolution ( "ADR ") procedures. The mediation may be requested by any party and shall
be initiated within thirty (30) days from the date of the request unless extended by agreement of
both parties. The alternative dispute resolution procedures utilized for the mediation shall include
the exchange of written claims and responses, with supporting information, at least seven (7)
days prior to the actual mediation. The positions expressed and mediator's recommendations
shall not be admissible as evidence in any subsequent ADR or legal proceeding. If the matter is
submitted to mediation and the matter is not resolved, an affected party shall be entitled to
pursue any legal remedy available.
41.6 No Implied Waiver. No failure by either party to insist upon the strict performance of
any obligation of the other party under this Agreement or to exercise any right, power or remedy
arising out of a breach, irrespective of the length of time for which such failure continues (except
in cases where this Agreement expressly limits the time for exercising rights or remedies arising
out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict
compliance such term, covenant or condition or operate as a surrender of this Agreement. No
waiver of any default or the performance of any provision shall affect any other default or
performance, or cover any other period of time, other than the default, performance or period of
time specified in such express waiver. One or more written waivers of a default or the
performance of any provision shall not be deemed to be a waiver of a subsequent default or
performance. The consent of either party given in any instance under the terms of this Agreement
shall not relieve the other party of any obligation to secure the consent of the other party in any
other or future instance under the terms of this Agreement.
56
41.7 Headings and Subheadings. The captions preceding the articles and sections of this
Agreement and in the table of contents have been inserted for convenience of reference and such
captions in no way define or limit the scope or intent of any provision of this Agreement.
41.8 Successors and Assigns. The terms, covenants, and conditions contained in this
Agreement shall bind and inure to the benefit of the City and CCMJV and, except as otherwise
provided in this Agreement, their personal representatives and successors and assigns. There are
no third -party beneficiaries to this Agreement.
41.9 Access to Museum. The City and their duly authorized agents shall have access to the
Premises and other Property at all times (a) for the purpose of inspection and to make any
repairs, additions or renovations as the City may have the right to do under the provisions of this
Agreement, and (b) for use by the City in case of emergency, as determined by City in its sole
discretion.
41.10 Relationship of Parties. The services to be rendered by CCMJV pursuant to this
Agreement are as an independent contractor only and the relationship between CCMJV and the
City is solely that of owner and contractor. Nothing contained in this Agreement shall be
construed to create a partnership, joint venture, or a relationship of employment or agency.
41.11 Agreement Made in Texas. This Agreement shall be deemed to be made in and shall
be construed in accordance with the laws of the State of Texas. Venue of any action brought by
one party against the other to enforce or arising out of this Agreement shall be in Nueces County,
Texas.
41.12 Integrated Agreement; Modification. This Agreement contains all the agreements of
the parties relating to the subject matter addressed in this Agreement, and cannot be amended or
modified except by a written agreement approved by the City of Corpus Christi City Council and
mutually executed between each of the parties.
41.13 Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one and the
same instrument.
41.14 Exhibits. All Exhibits to which reference is made in this agreement are deemed
incorporated in this agreement in their entirety, whether or not actually attached.
41.15 Non - Liability of Officials, Employees, and Agents. No elective or appointive board,
commission, member, officer, employee or other agent of the City shall be personally liable to
CCMJV, its successors, and assigns, in the event of any default or breach by the City or for any
amount which may become due to CCMJV, its successors, and assigns under this Agreement, or
for any obligation of the City under this Agreement. Likewise, no board member, member,
officer, employee or other agent of CCMJV shall be personally liable to the City, its successors,
and assigns under this Agreement, in the event of any default or breach by CCMJV or for any
57
amount which may become due to the City, its successors, and assigns, or for any obligation of
CCMJV under this Agreement.
41.16 Time of Essence. Time is of the essence of each provision of this Agreement.
41.17 Survival of Indemnities. Termination of this Agreement shall not affect the right of
either party to enforce any and all Indemnities and representations and warranties given or made
to the other party under this Agreement, nor shall it affect any provision of this Agreement that
expressly states it shall survive such termination.
41.18 Good Faith Dealings. All parties will act in good faith in the preparation, execution, and
resolution of any matter within the scope of this Agreement. These good faith acts shall be made
in a lawful and ethical manner.
41.19 Severability. If any article, section, subsection, paragraph, sentence or clause of this
Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality,
invalidity or unenforceability shall not affect the legality, validity or enforceability of the
remainder of this Agreement. If any change occurs during the term of this Agreement with
respect to any laws, rules, regulations or ordinances which affect the rights or obligations of
CCMJV or the City under this Agreement, or the applicability of any taxes or fees, CCMJV and
the City shall negotiate in good faith to bring this Agreement into conformance with such change
or changes. In the event that such agreement cannot be reached, CCMJV or the City shall have
the right to immediately terminate this Agreement upon written notice to the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CORPUS CHRISTI MUSEUM
JOINT VENT
By:
Wi11ia m
Principal
CITY OF CORPUS CHRISTI
By
Date
Approved as to legal form: Aki9tAft 2- , 2012
son
er
7 2o1� --'
Date
ATTEST:
Buck Brice
Assistant City Attorney
For City Attorney
ARMANDO NAPA
Museum Parking Lots highlighted
AMERICAN ASSOCIATION OF MUSEUMS
AAM
Accreditation
Commission
Chair
Bonnie Styles
Director, Illinois
State Museum,
Springfield,
Illinois
William Eiland,
Director, Georgia
Museum or Art,
Athens, Georgia
Andrew Masrrch
President and
CEO, Senator
John Heinz
History Center,
Pittsburgh,
Pennsylvania
Patricia Murphy
Executive
Director, Oberlin
Heritage Center, .
Oberlin, Ohio
Terrie Rause
Founding and
Former CEO for
Visitor Services,
United States
Capitol Visitors
Center,
Washington, DC
Mary Sue
Sweeney Price
Director, The
Newark Museum,
New Jersey
James Ltrelu
Director,
Worcester
Museum of Art,
Worcester,
Massachusetts
November 23, 2011
Mr. Richard R. Stryker, Jr.
Director
Corpus Christi Museum of Science and History
1900 N Chaparral St
Corpus Christi, TX78401 -1114
Dear Mr. Stryker:
On behalf of the Accreditation Commission, it is my great pleasure to tell you that the
Corpus Christi Museum of Science and History has been awarded subsequent AAM
Museum Accreditation at the- Novetnber 7 -9, 2011 meeting!
This means the museum meets National Standards and Best Practices for U.S. Museums
and remains a member of a community of institutions that have chosen to hold themsehres
publicly accountable to excellence. Through a rigorous: process of self assessment and
review by its peers, the museum has shown itself to be a good steward of its resources held
in the public trust and committed to a philosophy of continual institutional growth.
We applaud the museum for excellent educational programs and exhibitions that engage
regional audiences. By the time of the next review, we expect to see evidence of a strategic
planning process and approved plan that, in partnership with the .City of Corpus Christi,
meets the Accreditation. Corrrmissiorr's Expectations Regarding Institutional Planning (enclosed). The
planning process should include a review of the mission statement and address governance
issues, including clear delegation of authority to improve staff efficiency and morale. We
encourage the City Council, as a partner and parent: to the museum, to participate in the
planing process and endorse a plan that will help the museum continue to meet best
practices in the museum field, and achieve its full potential.
Accredited museums are looked up to as leaders in the field and we encourage you to
proactively fulfill this responsibility by serving as a mentor and resource for other museums.
Support and encourage museums working towards meeting standards, improving practices,
or seeking accreditation by attending and speaking at professional meetings, being an AAM
peer reviewer, and sharing your expertise in other ways.
To help ensure that accredited museums maintain their level of professional perfortnance
they must undergo periodic reaccreditation reviews. Effective in 2010, the Accreditation
Commission has implemented a temporary extension of the standard review cycle from 10
years to 15 years. The Accreditation Program staff will therefore initiate the museum's next
accreditation' review-_ starting with the self -study process —in 2024. As part of the cycle
extension, museums will also be asked to periodically submit updates /data electronically in
1575 EYE STREET NW, SUITE 400, WASHINGTON DC 20005
PHONE: 202:289,1818 r 202289.6578 WWW.AAM- US.ORG
the intervening years. More information about this new component will be released in the next
couple of years.
Congratulations on this ;achievement. I know everyone at the museum has worked hard to earn this
honor. The Accreditation Program staff can always be reached at (202) 289.9116 or by e -mail at
accreditation @aarn- us.org if you have any questions about the program and maintaining your
institution's accredited status.
Sincerely yours,
Bonnie W. Styles, Ph.D.
Chair, Accreditation Commission
Director, Illinois State Museum
Enclosures
Accredatation Commirs on's E4ectatiwns Regarding Instittrtioxal Planning
Award Kit
Site Visit Report
What You Need To Know .About: The Museum's Visiting Committee Site Visit Report
What You Need to Know About: The Temporary Reaccreditation Cycle Extension
cc: Mr. Ronald L. Olson, Manager, City of Corpus Christi
Mr. Bruce B. Eldredge, Visiting Committee Team Contact
Ms. Laurie J. Rufe, Visiting Committee Team Member
I3y accepting accredited status, your institution agrees to abide by the decisions of the Accreditation Commission
regarding continuing review, subsequent accreditation, and, if necessary, withdrawal of accreditation, and to comply
with the administrative requirements of the program. You may display your certificates of accreditation and use the
accreditation logo on printed materials as long as yourinstitution meets the program requirements and standards for
accreditation as determined by the Accreditation Commission.
TEXAS
HISTORICAL
COMMISSION
The State Agency for Historic Preservation
RICK PERRY, GOVERNOR
JOHN L. NAU, III, CHAIRMAN
F. LAWERENCB OAKS, EXECUTIVE DIRECTOR
November 8, 2005
Richard Stryker, Ph.D., Director
Corpus Christi Museum of Science and History
1900 N. Chaparral
Corpus Christi, TX 78401
Dear Rick,
NU 19 2095
Congratulations on your successful certification through the Texas Historical Commission's
(THC) Curatorial Facility Certification Program (CFCP). Your willingness to participate as the
first curatorial facility to undergo the certification process has proved successful, both for your
facility and the CFCP in general.
The observations and suggestions you offered with regards to the program are very much
appreciated and will be taken into consideration after the initial testing phase of the CFCP is
complete.
The Corpus Christi Museum of Science and History was granted certification with three
deficiency factors at the quarterly meeting of the THC held in Jefferson, TX from October 26 —
28, 2005. The three noted deficiency factors include incomplete held -in -trust agreements for
state-associated held -in -trust collections, substandard policies and substandard procedures as
outlined in the CFCP handbook.
Certification is granted for a period of ten years. Thus, initial certification for the Corpus Christi
Museum of Science and History will expire on October 28, 2015. Prior to expiration, the Corpus
Christi Museum of Science and History will be notified by the THC regarding the need to renew
its certification.
Mark Ryan, the Curatorial Facility Certification Program Coordinator, will work with you and
your staff on monitoring progress towards efforts taken to remedy the noted deficiency factors.
Please feel free to contact Mark at (512) 463 -6252 for more information or to discuss any issues
or concerns.
Congratulations once more on your successful certification.
Sine
F. La ,7 rence Oaks
Executive Director
FLO /JB/lft
P.O. BOX 12276 • AUSTIN, TX 78711 -2276 • 512/463-6100 • FAX 512 /475 -4872 • TDD 1- 800/735 -2989
www.thc.state.rx.us
DEPARTMENT OF THE INTERIOR
.1
FEDERAL FISH AND WILDLIFE PERMIT
U.S. FISH AND WILDLIFE SERVICE
SEP !72010
1. PERMITTEE
CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
CORPUS CHRISTI MUSEUM 11266A
CORPUS CHRISTI, TX 78401
U.S.A.
4. RENEWABLE
YES
1N0
6. EFFECTIVE
09/01/2010
5. MAY COPY
k' YES
NO
7. EXPIRES
03/3112013
8. NAME AND TITLE OF PRINCIPAL OFFICER ( /1#1 f58buojIBSS)
RICHARD S. STRYi(ER
MUSEUM DIRECTOR
0. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED
TEXAS
1900 N. CHAPARRAL
NUECES COUNTY
CORPUS CHRISTI TX
9. TYPE OF PERMIT
SPECIAL PURPOSE POSSESSION- DEAD MIGRATORY BIRDS FOR
EDUCATIONAL USE
11. CONDITIONS AND AUTHORIZATIONS:
A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13, AND SPECIFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CJTED IN BLOCK #2 ABOVE, ARE HEREBY
MADE A PART OF THIS PERMIT. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED OUT IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION
SUBMITTED. CONTINUED VALIDITY, OR RENEWAL, OF THIS PERMIT I5 SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDITIONS, INCLUDING THE
FILING OF ALL REQUIRED INFORMATION AND REPORTS.
B. THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL LAW.
0, VALID FOR USE BY PERMITTEE NAMED ABOVE.
D. You are authorized to possess for conservation education purposes lawfully acquired-dead migratory bird specimen(s), Including parks, nests, and
nonviable eggs. This authorization to possess migratory birds does not apply to bald eagles or golden eagles..
Species authorized: All. Note: No Bald & Golden Eagle, no Threatened & Endangered species
E Any person who is (1) employed by or under contract to you for the activities specified in this permit, or (2) otherwise designated a subpermittee
by you in writing, may exercise the authority of this permit.
Authorized subpermittees: Corpus Christi Museum staff
F You and any subpermittees must comply with the attached Standard Conditions for Special Purpose Possession Dead Migratory Bird Educational
Use Permits.
ADDITIONAL CONDITIONS AND AUTHORIZATIONS ALSO APPLY
2. REPORTING REQUIREMENTS
ANNUAL REPORT DUE: 01/31
ISSUED BY
•
TITLE
ADMINISTRATOR, MIGRATORY BIRD PERMIT OFFICE - REGION 2
DATE
09/01/2010
1. PERMITTEE
DEPARTMENT OF THE INTERIOR
U.S. FISH AND WILDLIFE SERVICE
FEDERAL FISH AND WILDLIFE PERMIT
CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
1900 N. CHAPARRAL
CORPUS CHRISTI, TX 78401
U.S.A.
3 -261
(1197)
2. AUTHORITY- STATUTES
15 USC Sesa
REGULATIONS
50 CFR PART 13
50 CFR 2221
3. NUMBER
MB11265A-0
4. RENEWABLE
N YES
NO
11
5. MAY COPY
n YES
NO
8. EFFECTIVE
09/01/2010
7. EXPIRES
03/3112013
8. NAIVE, AND TITLE OF PRINCIPAL OFFICER (if 91 isabtarness)
RICHARD S. STRYKER
MUSEUM DIRECTOR
9. TYPE OF PERMIT
DEAD EAGLE EXHIBITION
0. LOCATION WHERE AUTHORIZED ACTIVITY MAY BE CONDUCTED
TEXAS
T900 N. CHAPARRAL.
NUECES COUNTY
CORPUS CHRISTI TX
1. CONDITIONS AND AUTHORIZATIONS:
A. GENERAL CONDITIONS SET OUT IN SUBPART D OF 50 CFR 13, AND SPECFIC CONDITIONS CONTAINED IN FEDERAL REGULATIONS CITED IN BLOCK ii2 ABOVE, ARE HEREBY
MADE A PART OF THIS PERMIT. ALL ACTIVITIES AUTHORIZED HEREIN MUST BE CARRIED Oa IN ACCORD WITH AND FOR THE PURPOSES DESCRIBED IN THE APPLICATION
SUBMITTED. CONTINUED VALIDITY. OR RENEWAL OF THIS PERMIT 15 SUBJECT TO COMPLETE AND TIMELY COMPLIANCE WITH ALL APPLICABLE CONDmONS, INCLUDING THE
FILING OF ALL REQUIRED INFORMATION AND REPORTS.
B. THE VALIDITY OF THIS PERMIT IS ALSO CONDITIONED UPON STRICT OBSERVANCE OF ALL APPLICABLE FOREIGN, STATE, LOCAL OR OTHER FEDERAL, LAW,
C. VALID FOR USE BY PERMITTEE NAMED ABOVE.
D. You are authorized to possess for conservation education purposes the following eagle specimen(s):
qty
Specimen
Acquired from .
Date Acq.
1
Bald Eagle, full mount
donated by US FWS
7/16/1971
1
Golden Eagle, egg
on loan Am. Nits, Nat. Hist.
1970
1
Golden Eagle, study skin
1973
2
Bald Eagle, egg
Forbes Nat. Sci. for Youth Fndn
6/17/1975
2
Eagle, wings
donated by Charles Moss
6/3/1980
1
Bald Eagle, egg
Forbes Nat Sci. for Youth Fndn
11/19/1969
2
Bald Eagle, egg
Forbes Nat Sci. for Youth Fndn
6/17/1975
E. Any person who 's (1) employed by or udder contract to you for the activities specified in tills permit, or (2) Otherwise designated a subpermittee
by you in writing, may exercise the authority of this permit
Authorized subpermittees: Corpus Christi Museum staff
F. You and any subpermittees must comply with the attached Standard Conditions for (lead Eagle Exhibition Permits.
ADDITIONAL CONDITIONS AND AUTHORIZATIONS ALSO APPLY
2. REPORTING RECUIREMENTS
ANNUAL REPORT DUE: 01/31
ISSUED BY
TITLE
ADMINISTRATOR, MIGRATORY BIRD PERMIT OFFICE - REGION 2
EDUCATIONAL DISPLAY PERMIT NUIVIB)EtaR EDU -0707 -1404
IS HEREBY ISSUED TO:
RICHARD STRYKER, JR.
CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
UNDER THE AUTHORITY OF CHAPTER 43, SUBCHAPTER C OF THE
TEXAS PARKS AND WILDLIFE CODE
The activities permitted by this document are to be carried out in accordance with the Texas Parks and Wildlife
Code, the Rules and Regulations of the Texas Parks and Wildlife Commission, and ail of the following
provisions:
This permit may not be transferred, assigned or conveyed by the holder.
2. The issuance of this permit is not a guarantee that a subsequent permit or renewal of this permit will
be granted.
3. Required information and data shall be maintained at the address of the permit holder and shall be
available for inspection at the request of personnel of the Texas Parks and Wildlife Department during
the active life of the permit.
4. Acceptance of this permit constitutes an acknowledgment and v
with all Rules, Regulations, Orders and Proclamations of the agreement
Parks and Wildlife rCommission
issued in accordance with the law and the conditions precedent to the granting of this permit. Failure
to comply with any and all provisions of this permit may result in enforcement action, including
criminal penalties authorized by the Parks and Wildlife Cade, and the revocation of this permit
5. This permit does not relieve the holder of the responsibility to obey all other local, county, state and
federal laws while carrying out the authorized activities.
- ADDITIONAL PROVISIONS FOLLOW ON ATTACHED PAGES. -
Carter Smith
EXECUTIVE DIRECTOR
TEXAS PARKS AND WILDLIFE DEPARTMENT
Issued by:
August 11. 2011 Mitch Lockwood
Amended Date Interim Director, Big Game Program
6. This permit will expire at midnight, August 2, 2013.
7. The following individuals may conduct the activities authorized by this u n_ e of
the pennittee Y permit ender the guidance of
SUISI'ERMITI`EE,S: ASHLEY HENDERSON, MAGDALENA MEDRANO, ROY GARRETT
UNPERMITTED ASSISTANTS: A permittee engaging unpermitted assistants shall maintain on file at their office
and possess on their person in the field a signed and dated list of all unperrnitted persons assisting in permitted
activities,
Page 1 of 6
Stryker, Richard Expires 08/02/2013
Scientific Permit No. EDU-0707 -1404
8. The following wildlife species in the specified quantities are authorized by this permit to be:
a. received from legal sources and held on public display for educational purposes.
Common Name Scientific Name
---- ___ __. Quantity
Reptiles, excluding species listed by the Department as
threatened or endangered, unless authorized below, N.A.
Texas Tortoise
American Alligator
Gopherus berlandieri
Alligator mississippi
b. talcen from the public waters of Texas for educational purposes.
Common Name
Freshwater and marine fishes and invertebrates, _..__,____ -�
excluding species listed by the Department as NTE 20 specimens
threatened or endangered. per species per year
NTE 1
NTE 2
Quantity
c. received and possessed for the purpose of salvage, specimens found dead or received from legal
sources.
Common Name Scientific Name
Quantity
Birds* (bird specimens, parts, eggs, or nests), mammals, reptiles, amphibians, and invertebrates. - �-
Excluding species listed by the Department as threatened or endangered, unless expressly authorized
below.
BIRDS (bird specimens, parts
Bald Eagle
Golden Eagle
White- tailed Hawk
Reddish Egret
Piping Plover
Wood Stork
Bachman's Sparrow
Peregrine Falcon
Whooping Crane.
Sooty Tern
Least Tern
Golden- cheeked Warbler
Brown Pelican
Spotted Owl
White -faced Ibis
MAMMALS
Kangaroo Rat
Dwarf Sperm Whale
Killer Whale
Humpback Whale
Red Wolf
Gray Wolf
Black Bear
Jaguar
eggs, or nests)
Haliaeetus leucocephalus
Aquila chrysaetos
Buteo albicaudatus
Egretta rufescens
Charadriats melodus
Mycteria Americana
Aimphila aestivalis
Falco peregrines
Grus Americana
Sterna fuscata
Sterna antillarum
Dendroica chrysoparia
Felecanus occidental's
Stria occidental's
Plegadis chihi
Dipodornys elator
Kogia simus
Ornicus orca
Mcgaptera novaeangliae
Canis ri fus
Canis lupus
Ursus americanus
Panthera onca
Page 2 of 6
N.A.
N.A.
N.A.
NA.
N.A.
N.A.
N.Q.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N,A.
N.A.
N.A.
N.A.
N.A.
•
Stryker, Richard Expires 08/02/2013 Scientific Permit No. EDU- 0747 -1404
REPTILES AND AMPHIBIANS
Loggerhead Sea Turtle Caretta caretta
Green Sea Turtle Chelonia mydas
Atlantic Hawksbill Sea Turtle Eretmochelys imbricate
Kemp's Ridley Sea Turtle Lepidochelys kempii
Alligator Snapping Turtle Graptemys caglei
Chihuahuan Mud Turtle Kinosternon hirtipes murrayi
Texas Tortoise Gopherus berlandieri
Reticulate Collared Lizard Crotaphytus reticulates
Texas Horned Lizard Phrynosoma cornutum
Mexican Tree Frog Srnilisca baudinii
Mexican Burrowing Toad Rhinophrynus dorsalis
INVERTEBRATES
Sandbank Pocketbook
Golden Orb
FISH
Smalltooth Sawfish
Lampsilis satura
Quadrula aurea
Pristis pectinata
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
N.A.
PLANTS
Black Lace Cactus Echinocereus reichenbachii var. albertii N.A.
Johnston's Frankenia Frankeniajohnstonii N.A.
South Texas Ambrosia Ambrosia cheiranthlia N.A.
Slender Rushpea Ho mannseggfa tenella N.A.
* in accordance with an appropriate valid US Fish & Wildlife Service federal permit.
9. Permittee is authorized to lend mounted or salvaged protected wildlife specimens held by atfthority of
this permit, for use in educational programs. All specimens shall be individually tagged or otherwise
marked in such a manner as to allow identification of the permittee as the source of the specimen.
Specimens must be accompanied by required specimen donation form provided by, the Department. A
copy of the completed form must be submifted with the annual report.
10. The facilities in which protected wildlife are held shall be maintained in accordance with
Attachment I 069.305 Facility Standards).
11. The following means for taking or capture are authorized by this permit:
a. live -trap, net, by hand, salvage, collection along public roads and rights -of -way.
12. The following locations for taking or capture are authorized by this permit:
a. Nueces county, of the state of Texas.
13. All fish collection gear left unattended shall be clearly marked with permittee's name and
permit number.
14. AU specimens taken or captured shall be deposited with an appropriate collection of the Corpus
Christi Museum, Corpus Christi State University, or otherwise disposed of in accordance with
paragraph 15d of this permit.
Page 3 of 6
Stryker, Richard Expires 08/02/2013 Scientific Permit No. EDU- 0707.1404
15. PERMIT HOLDER IS REQUIRED TO:
a. File a completed report form annually (provided an issuance of this permit), and any reports or
publications based on data collected under authority of this permit, with the Texas Parks and Wildlife
Department, Wildlife Permits Section, 4200 Smith School Rd., Austin, TX, 78744, no later than
fourteen days following the anniversary date of the permit (or the expiration date if the permit is
due for renewal).
YOUR PERMIT WILL NOT BE VALID UNLESS YOUR REPORT HAS BEEN RECEIVED.
b. Carry a copy of this permit at all times when exercising the provisions of this permit, which shall be
subject to inspection by any authorized enforcement officer of the Department upon request,
c. Notify the Parks and Wildlife Department Law Enforcement Office(s) in the region(s) of your
field activities by telephone not less than 24 hours or more than 72 hours prior to collection if
collection techniques or devices being used are ordinarily classified as illegal (Le., shooting game
animals at night by use of light; taking game species during closed seasons; using gill nets or electro-
shocking devices to collect fish; hunting/collecting along public roads and rights-of-way, etc.). A
confirmed response from the local game warden is rectuiredprior to collection if the sampling
activities being conducted involve methods of capture ordinarily classified as illegal. If the
regional office(s) or telephone number(s) is unknown, the number(s) may be obtained at any time by
calling a Parks and Wildlife Communication Center: Austin - (512) 389-4848; Houston - (28I) 842-
8100.
d. Dispose of protected wildlife taken under the authority of this permit in only one of the following
ways:
(1). Kill and utilize by examination, experimentation, necropsy, or dispose of as waste in
accordance with state law and city or county regulations (burning is suggested if not in
conflict with city, county or state regulations),
(2). Hold permanently for educational purposes, or donate to another educational display,
scientific, or zoological permit holder authorized to receive such specimens, with required
specimen donation form provided . by the Department. A copy of the completed form
insist be submitted with the annual report.
(3). Release unharmed at collection site.
16. PERMIT HOLDER IS PROHIBITED FROM:
a. Selling or bartering specimens collected under the authority of this permit. Specimens may be
donated to other permit holders by completing the receipt form enclosed with the permit.
b. Collecting on private premises without prior written consent of the owner or operator. of the
premises.
c. Collecting in a state park without prior written permission from Texas Parks and Wildlife
Department Natural Resource Program: email: david.riskind(Wpwd.state.tx.us
d. Collecting in a wildlife management area without prior written permission from the area manager.
e. Taking species listed by the department as threatened or endangered without express authority in
paragraph R of this permit.
Page 4 of 6
Stryker, Richard
Expires 08102/2013
Scientific Permit No. EDU 0707 -1404
17. ADDITIONAL PROVISIONS:
a. No hunting or fishing license is required for permit holders or individuals listed in paragraph 7 while
conducting the activities expressly authorized by this permit. Each listed individual should carry a
copy of this permit during collection activities, and a letter of permission from the perrnittee if
working independently.
b. This permit is subject to any applicable federal permit requirements. Where a federal permit is
required, the permit holder is cautioned to carry a copy of the federal as well as the state permit during
collecting activity.
18. PERMIT HOLDER'S ADDRESS FOR RECORDMF.RPING PURPOSES:
Richard Stryker
Corpus Christi Museum
1900 North Chaparral Street
Corpus Christi, TX 78401
§69.305. Facility Standards.
(a) All live birds or animals possessed under an educational display permit, or under a zoological collection
permit in a facility that is not accredited by the American Zoo and Aquarium Association, shall be kept in
enclosures meeting or exceeding the standards set forth in this section.
(b) The minimum cage sizes for mammals shall be as follows. An enclosure for mammals shall add 30 per
cent of the minimum cage requirement for each additional mammal contained in the enclosure. For each:
(1) pronghorn antelope - 2,500 square feet x 8 feet in height
(2) deer - 1,800 square feet x 8 feet in height;
(3) desert bighorn sheep - 500 square feet x 8 feet in height;
(4) black bear - 400 square feet x 12 feet in height;
(5) jaguar - 200 square feet x 8 feet in height;
(6) fox - 180 square feet x 5 feet in height;
(7) wolf - 150 square feet x 8 feet in height;
(8) javelina 120 square feet x 5 feet in height;
(9) other felines - 100 square feet x 8 feet in height;
(10) fur - bearing animals as defined by Parks and Wildlife Code, Chapter 71 (except fox) - 72 square
feet x 5 feet in height; and
(11) all other mammals - 24 square feet.
(c) The minimum cage sizes for alligators shall be as follows. For each alligator:
(1) less than two feet in length: three square feet; and
(2) greater than two feet in length: three square feet per foot of body length.
(3) there shall be access to pooled water sufficient to provide full immersion and dry land
sufficient to permit complete exit from the water.
(d) The minimum cage sizes for birds shall be as follows:
(1) raptors (excluding eagles): 10' x 10' x 12';
ATTACHMENT li
Page 5 of 6
Stryker, Richard
Expires 08/02 /2013
Scientific Permit No. EDU- 0707 -1404
(2) eagles: 20' x 40' x I2'; and
(3) all other birds: 6' x 6' x 12'.
(e) All enclosures for bear, mountain lion, and jaguar must be constructed of nine -gauge chain -link and
their frames securely braced and well anchored. Enclosures for other mammals and birds must be made of
chain -link or welded wire of a mesh size that prevents escape, and enclosures housing birds must be lined with
nylon or plastic netting. Enclosures for felines must be covered by nine -gauge chain -link_
(f) A facility shall ensure that:
(1) each enclosure is supplied with clean water at all times, except as medical circumstance dictates
- otherwise;
(2) authorized personnel observe and provide care for birds and animals daily, except as specifically
authorized by permit; and
(3) all medical treatment of animals is performed in consultation with a licensed veterinarian.
(g) The department at its discretion may inspect any facility at reasonable times to assess compliance with
the provisions of this subchapter.
Page 6 of 6
Corpus Christi Museum of Science and History
1900 North Chaparral
Corpus Christi, TX 78401
Collection Management Policy
PURPOSE OF THE MUSEUM
The mission of the Corpus Christi Museum of Science and History is to present the story of the
cultural crossroads of the New World. With a unique confluence of natural history, science,
people and environments, the South Texas area has served as a stage for the ongoing discovery
of the Americas. Through innovative programs in history, culture, and science, the museum is
committed to enlarging a shared understanding of our history and heritage as well as the impact
and importance of science to our lives. By telling this story, the Museum will inspire a thirst for
knowledge, context, and understanding.
Strategic Objectives
To guide this mission the Advisory Committee adopted a series of Strategic Objectives:
A. Corpus Christi Museum of Science and History will build programs around three basic
themes: Humans, the Environment, and Science.
1. How have human migration, cultural encounters, and interactions shaped the
unique human character of South Texas and, in turn, how has South Texas
influenced the world?
2. How have environmental features and resources been linked to the human
migrations, settlements, and physical exploitation of South Texas resources?
3. What does science tell us about the unique natural world of South Texas and how
can we best conserve our unique resources?
B. The Museum will collect and preserve unique specimens, artifacts, and ephemera
which illuminate our three basic themes and support innovative programming.
C. To create new knowledge, Museum collections and resources will be shared with the
public and researchers.
(Adopted by the Museum Advisory Committee - September 2005)
1
PURPOSE OF THE COLLECTION
The Museum collects and preserves unique specimens, artifacts, and ephemera which illuminate
our three basic themes and support innovative programming. To create new knowledge, Museum
collections and resources will be shared with the public and researchers.
Responsibility for the Collection
The City Council established the museum: an administrative department responsible for the
operation of the Corpus Christi Museum of Science and History as a scientific institution for information,
education and recreation; and support services for the museum advisory board. (Code of Ordinances, City
of Corpus Christi, Texas, Article III, Section 2 -51)
The City Council authorized the Advisory Committee to adopt comprehensive policies for
acquiring, holding, and disposing of, by any legal means, real estate and personal property (collections) to
further the purpose of the Museum. The Museum Advisory Committee consists of twelve (12) members
appointed by the mayor with the advice and consent of the city council. The guidelines for selection of
members and the terms of service are included in Code of Ordinances, City of Corpus Christi, Texas,
Article IV, Division 5, Section 2 -90.
State laws pertaining to the operation of museums vest in the governing authority the power to
acquire and conserve real estate and personal property under the following provisions: Article 4412a,
Article 7150, Section 4 of Article 7150, Section 14 of Article 7150, Section 22A of Article 7150. (See
attached "Laws of Texas Pertaining to Museums ")
The Advisory Committee recognizes the unique situation of its members and recognizes museum
ethical standards in addition to those of the City. The responsibility for implementing collection
management policies and developing appropriate procedures rests with the Director, who has delegated
the following duties and responsibilities:
The Collection Manager is responsible for supervising all aspects of collection care and collection
inventories. He /She is responsible for managing acquisitions, accessions, and standardization of the
collection catalogue. It is the Collection Manager's responsibility to maintain cleanliness in all collection
areas and to monitor environmental conditions. It is also his/her responsibility to work with adjunct and
honorary curators and ad hoc collection committees to establish object conservation priorities and to
pursue grant funding that will benefit the collection.
Honorary curators, adjunct curators, and collection committee members are appointed by the
director to assist him/her in the development of collection plans, policies, and procedures. They may also
be asked to give advice on acquisitions, deaccessions, and conservation practices. Honorary curators,
adjunct curators, and collection committee members are privileged to perform collection based research
and conduct educational classes utilizing the collection. It is expected that, through their activities, the
collections might become more publicly accessible.
The Registrar is responsible for accessioning new acquisitions, processing deaccessions, and
performing ongoing inventories of the collection. The Registrar is also responsible for maintaining all
written records for the collection, including loan documentation. The Registrar will report to the
Collection Manager any collection management practices deemed substandard, iIl- advised, or improper.
The Librarian is responsible for supervising all aspects of collection care for the library, archival,
and photographic collections. He /She is also responsible for managing the acquisition and accession
2
processes and managing the standardization of the library collection catalogue. The Librarian is
responsible for supervising the ongoing collection inventory and making conservation recommendations.
ACQUISITIONS
Scope of the Museum Collection
The early years from its founding as a Junior Museum in 1957 to its transforming to a collecting
institution were fairly open ended. In 1961, the Board voted to change the name from the Junior Museum
to the Corpus Christi Museum. When it became clear that a broader base of support was needed, the City
agreed to help fund the Museum. The growth of the collection accelerated thereafter under a mission that
was very broad in scope.
• "The primary purpose of this Museum is to contribute to the understanding of man's place in the
world of nature and to impart this knowledge to the public."
However, after a new director was hired in 1985 the Advisory Board was asked to provide some
guidance for management of collection acquisition and development of exhibits and programs. By this
time the scope of the collection was broad and the collection largely uncataloged. Some policy guidance
was needed.
• "The Corpus Christi Museum is an educational institution that collects and preserves objects and
artifacts representing natural and cultural history and uses these collections to contribute to the
enjoyment and understanding of man's place in the world of nature and to impart this knowledge
to the public. The museum does research based on its collection, offers education and arts
programming and provides a facility for a center of learning." (Adopted: 8/1/1985)
This new mission provided a description of the broad range of collecting, programming, and
exhibitry that had developed over the formative years. It also gave definitive direction to staff that the
Museum was to continue to develop as a collection centric institution. The Museum's first collection
management policy was adopted in 1987. This drove the expansion of staff, development of exhibits and
programs, and the expenditure of resources. However, the director returned to the Advisory Board
requesting that they give consideration to narrowing the scope and providing staff with a more focused
direction.
• "The Corpus Christi Museum of Science and History collects and preserves natural and cultural
history objects with emphasis on South Texas and its place in the world. It presents educational
exhibits and program to encourage learning related to its collections." (Adopted November 12,
1990)
By narrowing the scope to south Texas, the growth of the collection could be more focused and a
deaccession program initiated. The backlog of cataloging for natural history specimens was gradually
erased while the backlog of history collection cataloging remains about 50 %. The use of the collection
for educational purposes remained limited and the public acceptance of and interest in the display of
systemic collections diminished, as reflected in 15 years of decreasing attendance. This prompted a
revision of the mission in 2005 to one that removed collecting as an explicit mandate of the mission.
Under the present mission the Museum collects to illuminate three basic exhibit themes and to support
innovative programming. Museum collections and resources will be shared with the public and
researchers to create new knowledge.
Responsibility for Acquisitions
This change has driven a reprioritizing of staff resources. In 2005 there were five individuals
whose primary functions were collections based while two people were focused on programming. That
changed in 2006 with only two staff positions with collection based primary functions and five staff
3
positions which are focused on programming. Clearly we are no longer interested in building a
collection. Rather we are focusing our collection on current needs.
Aspiring to become the best possible museum requires a practice of acquiring the best available
objects that are needed to "illuminate our three basic exhibit themes and support innovative
programming."
Considerations for Accessioning Decisions
1. Care — Are there resources for providing proper storage, management, and care of the
acquisition without compromising the rest of the collection?
2. Condition — Is the acquisition in good condition? Will it take a large amount of resources to
stabilize or restore it? Is it so badly damaged that it will soon be worthless?
3. Cost of upkeep — Is the cost of keeping the acquisition equal to the benefits of having it in the
collection?
4. Duplication — Does the acquisition duplicate something that is already in the collection?
5. Documentation — Is the documentation adequate to establish the significance of the acquisition
to the museum?
6. Legal title — WiIl the museum be able to secure clear and legal title to the acquisition?
7. Legality of acquisition — The museum is responsible for making sure that everything it
accessions was legally obtained, exported, and imported. (Otherwise the museum probably will
not be able to claim ownership of the acquisition.)
8. Potential use — Is the acquisition likely to be used for research, reference, loan, exhibition,
education, or exchange? Is it an object, artifact, or specimen that is a voucher (an example or
proof) for research or other scholarship activity?
9. Provenance — Is the provenance established and adequately documented?
10. Public relations — How will the addition of this acquisition affect the museum's image? Will
it attract visitors or damage public support?
11. Purchase price — Is the purchase price in line with current market values?
12. Relevance --- Is the acquisition relevant to the mission and the scope of collections?
13. Restrictions — Is the acquisition free from restrictions on ownership, intellectual property
rights, copyright, and trademark?
14. Safety and security — Will the acquisition compromise the safety or security of the staff or
visitors? Will the acquisition require expensive safety measures to protect?
15. Scope — Does the acquisition fit the scope of the collection (geographic, subject, temporal,
and use)?
16. Special considerations — Are there extenuating circumstances or conditions that affect the
decision to acquire or not acquire the acquisition for the collection?
COLLECTION DESCRIPTION
A. Scientific Specimens
The Museum collects scientific specimens representing the environment of South Texas. It also
collects relevant comparative specimens from other geographic regions in order to aid in research,
identification, exhibits, and education programs. The collection includes type and voucher specimens
used as the basis for published scientific research. The Collection Manager is responsible for collection
care.
Specimens are used in exhibits and educational programs that are compatible with their
preservation. Access to the collection may be allowed to interested visitors at the discretion of the
Collection Manager. Access to all information relating to the Museum collection (except donor records)
must be made publicly available. Unaccessioned specimens may be used in educational programs. These
are stored in more accessible areas and are considered expendable.
4
The Collection Committee seeks specimens that are needed for the collection and meet the
collection criteria. With the approval of the director, they may be acquired through field expedition,
donation, bequest, or purchase. The Collection Manager coordinates specimen preservation and
conservation sets standards in the use and care of the natural history objects.
Specimens must have been collected and/or imported with full knowledge and permission of the
country or state of origin, and in compliance with U.S. and Texas laws. (Reference IUCN Red Data
Books, U.S. Fish and Wildlife Service Regulations, Texas Parks and Wildlife Code.) The Collection
Manager acquires and maintains the necessary municipal, state, and federal permits to allow the Museum
to hold these collections legally. The permits should all be issued in the name of the Museum Director.
B. Cultural Artifacts
The Museum collects artifacts representing the history and culture of the people of South Texas.
The Collection Manager is responsible for collection care. Artifacts are used in exhibits and educational
programs that are compatible with their preservation. Access to the collection may be allowed to
interested visitors at the discretion of the Collection Manager. Access to all information relating to the
Museum collection (except donor records) must be made publicly available. Non accessioned artifacts
may be used in educational programs. These are stored in more accessible areas and are considered
expendable.
The Collection Committee seeks artifacts that are needed for the collection and meet the
collection criteria. With the approval of the director, they may be acquired through donation, bequest, . or
purchase. The Collection Manager coordinates artifact preservation and conservation and sets standards
in the use and care of the cultural collections and exhibits.
Artifacts must have been collected and/or imported with full knowledge and permission of the
country or state of origin, and in compliance with U.S. and Texas laws. Cultural properties from outside
the United States offered as a donation must be accompanied by a signed and notarized statement from
the donor attesting to clear title. (reference: U.S. Customs Laws, National Stolen Property Act, Pre -
Columbian Statute of 1972, and Cultural Property Implementation Act of 1983.)
C. Special Collections
1. Live animal specimens, acquired by donation, field expedition, or purchase. The live animal
collection is cared for and disposed of at the discretion of the Museum Educator. Clear title must be
established before any specimen is accepted and it must comply with all municipal, state and federal laws
regarding plants, fish and wildlife. Specimens in this collection are not accessioned, although donations
are acknowledged. All live animals have a limited life span and are, therefore, considered expendable.
2. Las Dofias de la Corte gowns represent a tangible aspect of Buccaneer Days, an annual event
with community -wide impact. They chronicle the history of this event and are interesting exhibit pieces.
Examples may be added to the Museum collection.
3. Fine art objects may be collected to represent the cultural Iife of the people of South Texas as
well as those works that represent the aesthetic vision of contemporary South Texas artists. The Museum
will acquire artwork from living artists currently residing in the Corpus Christi area at the discretion of
the director. Artworks will be used decoratively at the Museum and may be loaned for extended periods
for display at public venues that are not museums.
5
4. Oral history interviews may be taped with citizens on the subject of Corpus Christi history.
Oral history tapes are for educational purposes to be used by Museum staff and its associates. The wishes
of the interviewed person will be respected regarding privacy of contents of the tape.
No copy for third parties will be made unless permission is obtained in writing from the person
interviewed. The person interviewed may request a copy of their own tape. The price of this copy will be
the price of the tape. After the death of the person interviewed, the tapes will be considered released as to
privacy. If the family of a person who passed on requests a tape and none has been made before, one
copy will be made for the price of the tape.
Although the tapes are not produced for "public" use, the Museum Auxiliary will make copies for
responsible parties. A donation of $25.00 to the educational fund of the Auxiliary is requested for the
task. The information contained in each tape is considered property of the Museum. No public use may
be made of it. Educational use, in a classroom situation, is allowed.
5. Repository objects not belonging to the Museum may be accepted for long term storage and
curation. The Museum is the marine archaeology repository for the State of Texas. The Museum
Archaeologist is the curator of this collection although care is the responsibility of the Collection
Manager. Adequate funds to provide for the care of the objects for the term of the repository agreement
must come with the collection and the director must give his approval. An agreement for state - associated
held -in -trust collections must be concluded that identifies the agency, institution,
objects /collections /documents, and housing /curation criteria for which stewardship is transferred. This
Held -in -Trust agreement is made when stewardship of collection is transferred from THC to curatorial
facility. All paper records for state - associated objects are kept in a secure record storage room. All
electronic records are stored on the city servers at City Hall and backed up once a week on an external
hard drive. An annual report of all activity with state - associated collections will be submitted to THC.
D. Library Collection
The library is maintained as a non - circulating reference collection of books, periodicals, and other
materials for use by the museum staff. Visitors may be allowed use of the library with permission of the
director. The material contained in the library relates to the collection and interests of the Museum. The
Librarian is responsible for care of this collection. Staff is encouraged to submit requests for the purchase
of material that will enhance knowledge in their area of expertise.
Books are acquired by purchase or donation. Materials are purchased only with approval of the
director. Materials in this collection are not accessioned, although donations are acknowledged. Library
materials are subject to continued use and by their nature might be outdated by new information. These
materials are considered expendable and may be disposed of at the discretion of the director.
E. Archives Collection
The Museum collects archival materials, including photographs that represent the cultural history
of the people of South Texas. These materials are generally not stable enough for use in exhibits, but
copies may be used in exhibits or for other educational purposes. Interested visitors may be allowed
access to this collection at the discretion of the director. These materials are accessioned and are the
responsibility of the Museum Librarian. Items may be added to this collection at the discretion of the
director.
DESTRUCTIVE ANALYSIS
Destructive analysis is defined as an activity that alters the appearance or condition of an object.
6
Destructive Analysis of repository objects may only be done with the permission of the Texas Historical
Commission, or the agency to which the object belongs. Prior to the analysis, a research proposal must
be submitted to the Museum for evaluation that includes research goals and objectives, qualifications of
researcher, and specific samples or objects to be sampled. The loans will be made to the institution with
which the researcher is associated. If the proposal is for state - associated held -in -trust collections and is
rejected, an appeal can be made to THC.
Destructive analysis may be warranted if the following conditions prevail:
1) The object to be analyzed is not unique within the Museum collections.
2) Sacrificing the object or a part of the object will benefit science or will improve the Museum's
conservation efforts.
3) The proposed analysis is highly likely to produce useful results and the institutions or
individuals who perform the analysis are competent.
4) The analysis will be performed in a timely manner.
5) Results of the analysis will be published in a scientific journal in a timely manner.
6) The Museum Director and the owner of the object approve the analysis (if it is part of a
repository collection).
An object may be considered for destructive analysis if:
1) The analysis will contribute to the development of more effective conservation techniques.
2) The analysis will provide answers to historical, archeological, or scientific questions that can
be answered no other way.
3) The artifact is not unique.
Once an object has been selected for destructive analysis the following documentation procedures will be
used:
1) The object will be thoroughly recorded with respect to its shape, size, mass, special markings,
etc., prior to submission for destructive analysis. The due dates of the loan will be tracked and
extended or recalled/returned as appropriate.
2) New records and results of analysis will be appended to the existing accession files.
3) Copies of all resulting articles will be filed in the Museum library.
4) The object will not be deaccessioned
5) All unused portions will be returned to the curatorial facility.
DEACESSIONS AND DISPOSAL
I. Introduction
For most of its history the collection of the Corpus Christi Museum of Science and History was
considered the core of the Museum and the purpose and the reason for its existence. In 2005 a new
mission statement was adopted which removed collecting from the mission of the Museum and made it a
strategic objective to support the mission.
Strategic Objective B. The Museum will collect and preserve unique specimens, artifacts, and
ephemera which illuminate our three basic themes and support innovative programming.
Strategic Objective C. To create new knowledge, Museum collections and resources will be
shared with the public and researchers.
There was no intention through this action to diminish the Museum's responsibility to care for the
collection, but there certainly was the intention to limit the growth of the collection and to eliminate it as
the central focus of exhibits and programs.
7
Deaccessioning is the formal process used to legally and permanently remove an accessioned object from
the collection. Disposition is the manner in which the Museum transfers a deaccessioned object to a new
owner or destroys it. The removal of any accessioned object from the collection is a sensitive and
potentially controversial issue. Because the Museum's collections are held in public trust, the Advisory
Committee and staff of the Museum are under particular scrutiny when deaccessioning an object.
Deaccessioning can strengthen the collection, improve management of the collection, and save money
which can then be applied to acquisitions. A strong policy and sound practices are important in order to
preserve the reputation of the Museum and avoid claims on other objects from heirs, estates, or sellers.
An attorney's opinion should be sought on any deaccession thought to be controversial. The deaccession
process, once begun, should be completely public.
Because the collections of the Museum are held in public trust, it is useful to note Article 4412a. of the
Laws of Texas Pertaining to Museums. The Attorney General of Texas has specific authority to take
legal action to protect and preserve items of property held in "public trust," that is, for the use and benefit
of the public. The statute covers any corporation, trust, community chest, fund, foundation, or other
entity which is organized for charitable, scientific, philanthropic, "or other civic or public purpose." This
broad definition includes museum collections.
II. Authority and Responsibility
Any member of the Collection Committee may recommend that an object be considered for deaccession.
The deaccession process is initiated by submitting a Deaccession and Disposal Record form to the
Collection Manager.
The Collection Manager is responsible for confirming clear and unrestricted title to objects proposed for
deaccession as well as checking for any restrictions, legal issues, or ethical concerns affecting deaccession
or disposition.
The Collection Committee reviews the proposed deaccession based on the Museum's purpose, scope of
the collection, and guidelines covered in this policy and makes a recommendation to the Director who
will then approve or deny the proposed deaccession and disposal method.
Deaccessions and disposals approved by the Director are brought before the Museum Advisory
Committee for final approval.
III. Guidelines for Deaccessions
Before approving any object for deaccession, clear and unrestricted title to it must be established. See
applicable sections of this policy for more information regarding clear and unrestricted title.
No object may be deaccessioned in order to provide funds needed for the operation of the Museum.
Proceeds from the disposal of an object must be used for collection acquisition.
Objects proposed for deaccession will be evaluated based on the Museum's mission, scope of the
collection, and guidelines as outlined in this policy. An object may be deaccessioned for the following
reasons:
1. To remove an object that that no longer falls within the Museum's mission, purpose, or
scope of collections;
2. To remove an object that is sufficiently represented by duplicates in the collection or has
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been replaced by a superior example;
3. To remove an object that is inferior, determined to be unauthentic, or has critically
inadequate or absent provenance documentation;
4. To remove an object which has suffered damage or deterioration beyond the point at which
reasonable and affordable measures could be taken to preserve it;
5. To remove an object that is unlikely to be used in exhibits, programs, or research in the
foreseeable future;
6. To remove an object that is potentially hazardous to objects in the collection or human
health and safety;
7. To transfer to another museum, or educational institution, an object that is deemed to be
significantly more useful and relevant to the collection of the other institution than that of
the Museum;
8. To carry out a mutually beneficial exchange of objects with other museums or educational or
scientific institutions;
9. To formally document the removal of an object that has been lost or stolen;
10. To comply with any legal statutes or court rulings;
11. To accomplish any other purpose deemed by the Museum Advisory Committee to be
appropriate within the spirit of this policy, the Museum's mission, and applicable law.
Reposited collections are not owned or accessioned by the Museum and, therefore, cannot be
deaccessioned by the Museum and are not covered under this deaccession policy. Only the Texas
Historical Commission has the authority to deaccession state -owned held -in -trust collections_ Other
repository collections may only be deaccessioned by the repositing agency. For information regarding
deaccession and disposal of repository collections, see the Reposited Collections section in this policy.
Natural History specimens have been brought into the Museum as part of field collecting by curators,
honorary curators, research scientists, or citizens. These field collections are evaluated and significant
specimens are catalogued. Specimens from these field collections are considered accessioned at the time
of cataloguing. Therefore, specimens from field collections that have not been catalogued are not
considered accessioned and may be disposed of during evaluation without being deaccessioned.
Reference materials for the Museum's library have occasionally been accessioned in the past. Current
policy dictates that the Museum does not accession library reference materials. For the purpose of
documentation and consistency, reference materials that were accessioned will be properly deaccessioned
and disposed of according to this policy and supporting procedures. Reference materials that have not
been accessioned are considered general Museum assets and may be disposed of without deaccessioning.
Education collections were maintained in the Museum's past. This practice was primarily followed with
Natural History specimens. The objects so classified hold little or no monetary, scientific, or historic
value. The Museum no longer maintains separate education collections. Objects that were accessioned
but marked "education collection" are considered part of the collection and must be properly
deaccessioned and disposed of according to this policy and supporting procedures. Objects that were not
accessioned and were marked "education collection" are not part of the collection and not subject to
deaccession. However, disposal of these objects must be carefully considered because of the similarity to
accessioned objects. Objects under this circumstance will be brought before the Collection Committee
for careful consideration. The Director will make the final decision regarding disposal.
Live animals are a special collection under the care of the Museum Educator. The collection is not
accessioned and is exempt from this deaccessions and disposal policy. See the special collections section
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of this policy for information.
IV. Disposal of Deaccessioned Objects
Deaccessioned objects are removed from the collection by means of sale, exchange, donation, transfer, or
destruction. The sale or disposal of surplus property from Museum collections is exempt from the
provisions of City Ordinance Code Sections 17 -4 by Ordinance 19350.
Disposal of any deaccessioned object will be carried out in accordance with all applicable federal, state,
local, and international laws, treaties, and regulations including but not limited to laws protecting Plant
and Wildlife, Antiquities, and Historic Properties, and the Import, Export, and Transfer, of Cultural
Property. The Collection Manager is responsible for fully documenting disposal of objects covered under
laws as outlined in procedures.
Applicable ethical standards will be considered in disposal decisions including those established by the
American Association of Museums and the Society for American Archeology. In disposing of objects by
exchange or donation, the Museum becomes associated with the receiving institution. The practices of
the receiving institution will be considered to prevent the Museum from becoming associated with
unethical practices.
Deaccessioned objects will not be sold, or ownership otherwise transferred, to Museum staff, City of
Corpus Christi employees, volunteers, members of Museum support groups, members of the Museum or
City's governing authorities, or representatives or family members of these individuals.
A. Disposal by Sale
Net proceeds received from the sale of deaccessioned objects will be used only to acquire new
objects for the collection.
If there is any question as to the value of an object, the Museum will get two informed outside
appraisals on the object. These should document the object's authenticity and assure that the
Museum does not accept less than market value for the object.
Disposal of objects from the collection will never be through the Museum shop, or in such a
manner that it involves an interested entity helping in the liquidation of Museum assets.
The disposal by sale of any deaccessioned object requires the following process:
1. The Director will propose that deaccessioned objects from the Museum collection be
declared surplus and request, in writing, a recommendation of the Museum Advisory
Committee.
2. The Museum Advisory Committee must approve the Director's recommendation for
disposal by sale.
3. The Director of Finance will be notified by the Museum Director after the Museum
Advisory Committee approves the disposal by sale.
4. The Director of Finance will make provisions such that proceeds from the sale will be
placed in a Collections Fund of the Museum Foundation which is dedicated to
acquisitions to the collection.
B. Disposal by Exchange or Donation
Deaccessioned objects may be disposed of by exchange with, or transfer to, another appropriate
museum, educational, or scientific institution.
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Deaccessioned objects will never be exchanged or donated to private individuals. Deaccessioned
objects may only be transferred to private individuals through sale as outlined in this policy.
C. Disposal by Transfer
Deaccessioned objects may be transferred to the Museum's education department for use in
educational programs. Objects subject to this action should have little or no market value, or
historic or scientific significance.
Any deaccessioned object transferred to the education department will be removed from
collection storage, quarantine, or work areas. The object must be stored in an area dedicated to
educational supply storage. The object is considered expendable and is no longer covered under
this policy.
V. Guidelines for Donor Notification
One of the crucial components in the deaccession process is the Tax Reform Act of 1984. Under its
provisions, if the museum disposes (by sale, exchange, or any other method) of a donation within two
years of a donation, the museum is obligated to notify the donor and the IRS by filing form 8284. This
provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of
more than $5,000 for either a single item or an aggregate of items donated to one or more institutions.
The Act requires that if the value is more than $5,000, the donor must supply an appraisal summary to the
museum_ The museum is subject to a $50 fine if the preceding is not adhered to.
Once the Museum establishes its clear and unrestricted title to an object, the donor has no legal interest in
it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984, it is
then only a practice of goodwill to notify the donor or heirs of the disposition of a collection or object. It
is possible to label the funds or new acquisition purchased with those funds as a gift from the donor.
Appropriate action will be considered by the Museum Director on a case -by -case basis.
VI. Required Documentation
The Collection Manager, with delegation of duties to the Registrar, is responsible for ensuring all
proposed deaccessions and disposals are properly documented in accordance with this policy and the
supporting procedures. A complete record of each deaccession, including a complete Deaccession and
Disposal Record form, and all supporting documentation of will be kept permanently in a secure storage
room.
LOANS
Whether objects are being brought into the Museum (borrowed) or sent out of the Museum
(loaned), they are loans and subject to the laws pertaining to bailment. The Collections Committee must
approve all conditions and terms associated with loans. The Corpus Christi Museum of Science and
History Collections Committee is composed of the Museum Director, the Collections Manager, and
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Librarian and other individuals as appointed by the Director. The Executive Director of the Texas
Historical Commission or his designee is included as a member of the Corpus Christi Museum of Science
and History Collections Committee in all matters pertaining to the use of the La Belle Collection.
Incoming Loans
When an object is brought into the Museum, the lender is the bailor (the giving one) and the Museum is
the bailee (the one receiving).
A) The general rule is that any object taken into the custody of the Museum should receive care equal to
or better than that devoted to objects in the Museum permanent collection. It should be carefully packed
and transported, proper security and climate control should be provided and, above all, it should be
accompanied by proper documentation.
B) Any appropriate owner may be asked to lend an object to the Museum. The Collection Manager with
the approval of the Collections Committee initiates all loans. The Collections Manager is responsible for
the care and security of the object during the period of the loan and securing insurance coverage prior to
the loan.
C) The Collections Manager is responsible for documentation of loans (both outgoing and incoming)
including the completion, execution, and distribution of all forms. The Collections Manager is
responsible for packing, transport, and registration of the object. Details concerning handling,
transportation, and care must be approved by the Collections Committee.
D) There is a single loan form for both incoming and outgoing loans, and all such actions must adhere to
the conditions and terms as stated on this form. The lending institution's loan form may be used with the
concurrence of the Collections Committee.
E) No loans will be accepted except for special exhibits and research. The loans should serve a public
purpose. In carefully considered cases, there may be exceptions but only with the formal agreement of
the Museum Advisory Committee.
F) Photographs of the object may not be taken without permission of the lender.
G) Loaned objects may not be loaned, assigned, mortgaged, claimed, or in any way encumbered by the
borrower.
H) Objects may be taken into the Museum for a very short term for study, identification, attribution or
evaluation. Only the Director or Collection Manager may accept objects for this purpose. Under this
policy:
1) Objects may never be appraised by Museum staff members.
2) The Collections Manager supplies a receipt of delivery which outlines the terms of this special
type of loan.
3) The Museum and its employees are held blameless in the event of loss, damage or
deterioration of the item(s).
4) Any item(s) not claimed within 30 calendar days becomes the property of the Museum.
5) In cases where the owner is unknown, public notice must be given before the item is
accessioned. Only the Advisory Committee, with the advice of legal counsel, may approve the
accession of such unclaimed loans.
6) Proper notice will be given to owners in cases where the owner is known. This will notify
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them that the Museum will claim the item unless it is removed from the Museum premises.
7) Until the item is retrieved, it will be stored and maintained at the owner's expense.
I) No commercial exploitation of the fact that the object has been exhibited by the Museum may be used.
This is to offset objects being sold or auctioned at higher prices because of their selection for a Museum
exhibition.
J) No employee of the Museum or member of the Advisory Committee may lend an item to the Museum
without public discussion and approval by the Advisory Committee. This is to avoid any appearance of
self - dealing.
Outgoing Loans
When an object is lent out by the Museum (Outgoing Loan), the Museum is the bailor (the giving one)
and the borrower is the bailee (the one receiving).
The purpose of loans shall be to reach a wider audience and facilitate research. While on loan, objects
must be afforded a level of care and protection as provided by and subject to the written approval of the
Collections Committee. Loans for exhibit purposes are made to a qualified institution and that institution
shall assume responsibility for the proper administration of the loan and the care and security of the
object(s). Loans for research purposes are made to a qualified institution with which the researcher is
affiliated and that institution shall assume responsibility for the proper administration of the loan and the
care and security of the object(s).
A) The collections of the Corpus Christi Museum of Science and History, including Texas Historical
Commission collections, are held in public trust and maintained for the benefit of the people of Texas.
Loans are made only to qualified institutions consistent with this policy. Loans of La Belle artifacts must
be approved by the Collections Committee with a written affirmation by the Executive Director of the
Texas Historical Commission or his designee.
B) To assure objects for loan receive proper care and security, the requesting institution must present for
approval of the Museum Collections Committee, verification of proper environmental, storage,
exhibition, and security conditions and procedures for the handling and transit of objects. To this end, the
requesting institution will complete a Revised Standard Facility Report as adopted by the Registrar's
Committee of the American Association of Museums. On -site inspections by Museum staff may be
required prior to agreeing to a loan of objects. The requesting institution should have a trained registrar,
curator, or director to check inventory and prepare condition reports on materials borrowed. Following
American Association of Museums and Accreditation and Review Council Guidelines, the requesting
institution should have environmental controls and a fire marshal- approved fire suppression system. For
exhibit loans, the facility should have standard museum security including:
1) Monitored ingress and egress,
2) Personnel circulating in the exhibit space with responsibility for security while the facility is
open to the public, and
3) An electronic intrusion alarm system monitored by a certified central station or local
law enforcement when the museum is closed,
4) Or a 24 -hour security guard on duty beginning with the unloading and installation of exhibit
materials.
A request for any variation in the above conditions must be made in writing by the institution for review
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by the Collections Committee. The request must include evidence of an acceptable arrangement to
safeguard the stability and security of the loaned objects. Exhibition or research conditions shall be a part
of the loan contract and evidence of adherence may be required. The use of the object(s) for the stated
purpose must be adhered to by the borrowing institution. Packing and transportation methods are stated
on the loan contract. The object(s) must be packed and transported in the safest possible way in
accordance with the nature and condition of the object(s).
C) The Collections Manager is responsible for ensuring that a Condition Report is completed on objects
prior to out -going loans and after the loan is returned to the Museum. All objects are catalogued before
they are loaned. A Condition Report is required of the borrowing institution upon receipt of the loaned
objects and prior to packing for return to the Museum. A copy of the Condition Report must be provided
to the Museum. Damage or loss of objects while in transit or during the loan period must be reported
verbally to the Collections Manager within 24 hours of the discovery of the loss followed by a written
report detailing the extent and circumstances of the loss within two business days. Objects on Ioan cannot
be altered, cleaned, or repaired unless permission to do so in writing is provided by the Collections
Committee prior to any action being taken.
D) Fine arts insurance for all objects sent out on loan is required. Insurance coverage shall be provided by
the borrowing institution, unless the institution provides an acceptable bond. Current and reasonable
insurance valuations are the responsibility of the Museum. With regard to the La Belle collection, further
approval of the Executive Director of the Texas Historical Commission or his designee is required.
Under most circumstances, insurance is "fine arts, all risk, wall -to -wall" coverage and shall remain in
effect throughout the duration of the loan. The required amount of insurance depends on the artifacts
loaned. A certificate of insurance or acceptable bond is required from the borrowing institution prior to
transportation of the loaned object and is kept on file at the Museum with a copy provided to the Texas
Historical Commission for La Belle artifacts.
1) The Museum shall be named as an insured party in the policy and the policy shall provide that
notice shall be given to the Museum ten business days prior to cancellation or reduction in the
amount of the policy. The Texas Historical Commission shall be named as an insured party in the
policy in the case of La Belle artifacts. In the event of cancellation or reduction of the insurance,
the loan will then be subject to cancellation. Failure to maintain adequate insurance coverage in
no way releases the borrowing institution from liability for loss or damage regardless of whether
or not the Museum monitored the borrowing institution's insurance.
2) If a self-insured local, state, or federal governmental agency requests the loan or if the
borrowing institution is unable to provide insurance, a request for an exception must be made in
writing by the institution for review by the Collections Committee. The request must include
evidence of an acceptable plan of self- insurance or other arrangement to satisfy any liability that
might result from a loss under the terms of this Agreement.
E) An object(s) on loan must be returned promptly when the loan period expires. As appropriate, a
reminder letter may be sent by the Museum to the borrowing institution. The Museum reserves the right
to cancel or deny the renewal of any loan. The Museum will provide appropriate information and review
and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and
consistency in interpretation. Any changes must be approved in writing by the Collections Committee.
The object(s) on loan must be available for research purposes at all times.
F) The borrowing institution has two working days to challenge the description of the items loaned.
These challenges are subject to negotiation. After two working days, however, the borrowing institution
14
must comply with the physical description.
G) Except for condition reports, all photography, reproduction, or replication of a borrowed object(s)
requires prior written approval by the Collections Committee. Lighting conditions, environmental and/or
applied chemical alterations, and other conditions of reproduction and replication must be approved in
writing by the Collections Committee. Photographs, reproductions, and replicas may only be used for
research, exhibition, and educational purposes. Commercial use of loaned objects is prohibited.
H) With regard to the La Belle collection, the Texas Historical Commission and State of Texas must be
credited in a suitable manner in all publications and exhibitions associated with the loaned object(s),
including photographs and reproductions, and must receive two (2) copies of any news and other
publication associated with the loaned objects. Other collections may require specifically worded credit
lines. Otherwise the credit line should read, "From the Collections of the Corpus Christi Museum of
Science and History, Corpus Christi, Texas."
I) There is a single loan form for both incoming and outgoing loans and all such actions must adhere to
the conditions and terms as stated on this form.
Loan Contract Conditions
1) The Borrower agrees to abide by the guidelines for loans set forth below. This Agreement must be
signed before any objects will be transferred to the Borrower. These conditions may be changed only in
writing and with the approval of the Collections Committee of the Corpus Christi Museum of Science and
History. Applications for change must be made through the Collections Manager of the Museum.
2) The Museum reserves the right to recall the loan by written notification at any time if these conditions
are not met, and is not liable for any consequential damages resulting from such action. The Borrower
has ten working days to comply.
3) Loans are made only to qualified institutions, not to individuals. Loans are made to the institution with
which the individual is affiliated and that institution assumes responsibility for the proper administration
of the loan and the care and security of the object(s).
4) Objects on loan may not be altered or modified in any way, except as stated in the purpose of the loan
(e.g., destructive analysis) and as approved in writing by the Collections Committee. For a destructive
analysis loan, if portions of the original object are not destroyed during the analysis, they must be
returned.
5) The Borrower will exercise due care in the custody, handling, transport, unpacking, and repackaging of
the loan.
6) Upon unpacking, the Borrower will immediately acknowledge receipt of the loan by signing and
returning a copy of the inventory and receipt that will accompany the shipment. A copy is to be retained
by the Borrower.
7) For return, the loaned object(s) must be packed in the same or better manner as received and with the
same cases, pads, and packing materials, unless damage has occurred, in which case replacement or
substitution can be obtained with permission of the Museum. Handling and shipping of the loan will be at
the Borrower's expense.
15
8) The Borrower agrees to provide insurance, or provide a bond, acceptable to the Museum. Insurance is
fine arts, all risk, and "wall -to- wall ". A Certificate of Insurance or acceptable bond must be received by
the Museum before the loan is placed in transit. The Museum (or, in the case of La Belle artifacts, the
Texas Historical Commission) shall be named as an insured party and the insurer must be required to
notify the Museum prior to cancellation or reduction of the amount of the policy.
9) The Borrower must maintain constant and adequate protection of the loaned object(s) to minimize the
risk of theft or damage from handling. The Borrower also must maintain constant and adequate
protection of the loaned object(s) from the hazards of fire and flood, exposure to hannful light levels,
extremes of temperature and relative humidity, pest attack, and harmful atmospheric conditions.
10) Any changes in the condition of the loaned object(s), loss, theft, or damage to the loan in transit,
during storage, or exhibit must be reported within 24 hours of discovery to the Collections Manager (361-
826- 4659). A written condition report, and photographs, if requested, must be sent to the Museum within
72 hours of the discovery of the loss, theft, or damage.
11) In the event of damage to the loaned object(s) during shipping or while in the custody of the
Borrower, the Borrower is responsible for all conservation costs necessary to return the loaned object(s)
to their undamaged condition, if possible. The Museum may, in its sole discretion, determine that an
object is damaged beyond repair and may select an alternative remedy.
12) The lender is secured and held blameless from all losses, claims, actions, liabilities, damages, costs,
and expenses (including attorney's fees and costs) arising from, or in connection with, a loan agreement.
13) The loaned object(s) must not be photographed, filmed, televised, or otherwise reproduced
individually without the express, written prior consent of the Collections Committee of the Corpus Christi
Museum of Science and History, with the exception that general views of an exhibition may be taken for
publicity or documentation purposes.
14) The object(s) must be available and accessible to the Museum at all times for research purposes.
15) The Borrower shall ensure that all loaned object(s) on exhibition and/or in publication are identified
as the property of the Corpus Christi Museum of Science and History or other credit line as stipulated in
the loan agreement.
16) The Museum will review and approve all text and labels relating to the exhibit of the Ioan in order to
ensure accuracy and consistency in interpretation. Any changes to the text must be approved in writing
prior to exhibition.
17) The Borrower must provide two copies to the Museum of any news and other publications resulting
from the exhibit or loan research on the objects.
18) Third party loans are prohibited. Any third party wishing to borrow objects on loan must contact the
Museum in order that a separate loan contract may be developed and subsequently approved by the
Collections Committee. Loaned objects may not be assigned, mortgaged, claimed, or in any way
encumbered by the Borrower.
19) Transportation of loaned object(s) from one institution to another is prohibited. The borrower must
return the loaned objects to the Museum prior to being loaned to another institution.
16
20) This Joan agreement is in effect from midnight on the specified beginning date to midnight on the
specified due date. The maximum loan period is one year, but may be reviewed and renewed annually.
21) The object(s) loaned to the Corpus Christi Museum of Science and History must be promptly
reclaimed. Under State Law a lender is considered to have donated loaned property to a museum if the
lender fails to file an action to recover the property on loan to the museum within two years.
22) No commercial exploitation of the fact that the object has been exhibited by the Museum may be
used. This is to offset objects being sold or auctioned at higher prices because of their selection for a
Museum exhibition.
23) In the event of any conflict concerning this contract, this contract will be construed in accordance
with the laws of the State of Texas. Venue for any action resulting from this contract shall be in Nueces
County, Texas.
MUSEUM ETHICS POLICY
"Corpus Christi, The City of choice where we make it happen." This vision statement was developed by
the executive team for the City of Corpus Christi and City department heads. The mission statement,
developed by the same group, is to "provide exceptional service to enhance the quality of life." The
Museum is a department of the City of Corpus Christi. This vision and mission is reflected in the daily
commitment of those involved with providing services to the community through fulfilling the Museum's
departmental mission.
Governance
City of Corpus Christi: The chief executive officer of the City under the voter approved City Charter
and the City Council adopted Ordinance Code is the City Manager. The City Ordinance Code is the
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guiding policy for the Museum and all other City departments. As a practical matter, ordinances are
developed for City Council consideration by City administrators with specialized expertise resident in
various City Departments (e.g. Finance, Budget, Emergency Management, Human Resources, Legal, Risk
Management, etc.). Administrative policies, procedures, and ethical principles to which City employees
are subject similarly call upon the expertise from people in various depthtinents and are submitted to the
City Manager for his approval. The administrator of the Museum Department, the Director, is appointed
by the City Manager. Policies that are specific and unique to the Museum are developed by the Museum
Director as prescribed by the City Ordinance Code.
Museum Department: There are specialized laws, policies, procedures, and ethical principles that apply
to the Museum and not to other City departments. It is the Museum Director's responsibility to
administer the Museum under the highest standard of conduct whether that is in the realm of the City
ordinances, City administrative policies, City established procedures, or the more specific policies and
procedures of the Museum. The Museum Director must develop those policies, procedures, and ethical
guidelines that pertain exclusively to the Museum. Documents defining these policies, procedures, and
ethical guidelines are typically reviewed administratively by the City Manager and/or a designated
Assistant City Manager.
Museum Advisory Board (Committee): The governing body of the City, the City Council, established a
methodology by ordinance that delegates review of policy issues that are exclusive to the Museum to a 12
member Museum Advisory Committee "appointed by the mayor with the advice and consent of the city
council." The City Manager is an ex officio member of the Museum Advisory Committee. Members are
trained by the Museum Director and gain institutional experience by serving staggered three year terms,
with a two term limit. This provides the City with a group of interested citizens with training and
expertise to review the policies and procedures that are unique within the City to the Museum. Their
advisory recommendations are given great weight by the Museum Director, City Manager, and the City
Council.
The advisory board shall serve as an advisor to the museum department and to the city council in
matters of support and development of the museum. The board may adopt comprehensive
policies relating to the:
(1) Management of collections;
(2) Acquisitions for the collection;
(3) Disposition and deacquisition of object in and for the collection;
(4) Use of museum facilities.
When adopted by the advisory board and approved by the city manager, the director of the
museum shall implement such policies.
The Friends of the Museum, although not a City entity, provides significant funding to support the
mission of the Museum. Because of this role, review and revision of the Museum's mission is done
jointly by the Museum Advisory Committee and the Friends Board of Directors. Subsequently, the
Museum Advisory Committee adopts the mission statement which is then subject to review and approval
by the City Manager.
The Museum Director is responsible for training Advisory Committee members, Board members of both
the Friends of the Museum and the Museum Auxiliary, staff, and volunteers in the policies, procedures,
and ethical guidelines under which the museum operates. It is also his responsibility to make certain that
all those who work for and on behalf of the Museum understand and support its mission and public trust
responsibilities as both a department of the City and as a museum.
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Under the City and Museum ethics policies, Museum staff, volunteers, members of the City Council, the
City Manager, and members of the Museum Advisory Committee:
• understand and fulfill their trusteeship roles and act corporately, not as individuals;
• act legally, ethically and with cultural sensitivity;
• conduct themselves in such a way as to avoid conflicts between personal interests and affiliations
and the operations, interests, and reputation of the City and Museum.
• protect, maintain, and develop the Museum collections and programs and its physical, human,
and financial resources in support of the mission of the City and the Museum;
• are responsive to and represent the interests of the Corpus Christi community;
• maintain relationships in which shared roles are recognized and separate responsibilities
respected;
• maintain working relationships that are based on equity and mutual respect;
• ensure that professional standards and practices inform and guide museum operations;
• ensure that policies are articulated and prudent oversight is practiced;
• promote the public good rather than individual financial gain.
Collection
The Museum collection is owned by the City of Corpus Christi. The Museum also manages state -owned
collections as the designated marine archeology repository for the State of Texas and as a repository for
state -owned terrestrial archeology collections. Care of the collection is the responsibility of the Museum
Director working in conjunction with the collection committee. The collection committee is chaired by
the Collection Manager and includes the Registrar, Museum Archeologist, and Museum Librarian. On
issues involving the state held -in -trust archeology collections, the Executive Director of the Texas
Historical Commission or his designee is also a member of the collection committee.
In 2005 a new mission statement was adopted which removed collecting from the mission of the Museum
and made it a strategic objective to support the mission.
Strategic Objective B. The Museum will collect and preserve unique specimens, artifacts, and
ephemera which illuminate our three basic themes and support innovative programming.
Strategic Objective C. To create new knowledge, Museum collections and resources will be
shared with the public and researchers.
There was no intention through this action to diminish the Museum's responsibility to care for the
collection, but there certainly was the intention to limit the growth of the collection and to eliminate it as
the central focus of exhibits and programs. In part to fulfill this intent, collection staff job descriptions
were revised eliminating "curator" as a functional job title to deemphasize the connotations associated
with the curator title. The provisions of the Collection Management Policy continue to provide important
guidance on collection issues and management of the collection is now the responsibility of the Collection
Manager.
The Museum Director develops, the Advisory Committee adopts, and the City Manager approves the
Collection Management Policy which includes guidelines for proper ethical behavior. The Museum
Director and the collection committee are stewards of collections owned or otherwise in the custody of
the Museum. They are responsible for ensuring that the collection:
• supports the Museum mission;
• objects receive the highest standards of care;
• is properly managed, documented, and accounted for;
• objects and associated information are publicly accessible within appropriate Iimitations;
• acquisition, disposal and loan activities conform to the Museum's mission and public trust
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responsibilities;
• disposal through sale, trade, or research activities is solely for the advancement of the Museum's
mission;
• sale proceeds from nonliving collections are to be used consistent with the established standards
of the Museum's disciplines, but in no event shall they be used for anything other than acquisition
of collections;
• related activities are used to promote the public good rather than individual financial gain.
It is the responsibility of the Collection Committee to recognize the unique and special nature of human
remains, funerary, sacred, and cultural patrimony objects from all cultures as the basis for all decisions
concerning current or potential collections.
Programs
The change in mission in 2005 eliminated the collection as the central focus of exhibits and programs.
The new mission is as follows:
The mission of the Corpus Christi Museum of Science and History is to present the story of the
cultural crossroads of the New World. With a unique confluence of natural history, science,
people and environments, the South Texas area has served as a stage for the ongoing discovery of
the Americas. Through innovative programs in history, culture, and science, the museum is
committed to enlarging a shared understanding of our history and heritage as well as the impact
and importance of science to our lives. By telling this story, the Museum will inspire a thirst for
knowledge, context, and understanding.
Under this mission, the central focus of Museum programs and exhibits tell stories that need to be told
regardless of whether those stories are supported by collections. All members of the Museum staff as
well as Museum volunteers are a party to fulfilling this mission. The designated person to lead this
coordinated effort is the Museum Educator working with a Program Committee that includes the Science
Educator and History Educator, volunteers, and other staff who assist in the development and delivery of
programs and exhibits.
It is the Program Committee's role to make certain that programs and exhibits:
• are based on good scholarship;
• are accessible to all and the widest possible audience are encourage to participate;
• respect pluralistic values, traditions, and concerns;
• fulfill the Museum's mission and values even when they involve relationships with external
entities;
• promote the public good rather than individual financial gain.
CLEAR TITLE
Simply stated, title is the possession of all the rights of ownership to an object. Within this
definition are many qualifications and specifications. But there are two general considerations regarding
title to an object: one is the completeness of the title; the other is the quality of the title.
Once possession of an object is obtained, the museum then needs to consider whether or not it
also possesses the copyright and trademark rights, and whether or not the donor has put any restrictions
on the object (i.e. that it must be exhibited six months out of the year, or only with certain other objects,
or that it may never be loaned). The museum must also consider the authenticity of the documents
20
showing title. It must make sure that the object is truly as it is presented and that the documents are
sufficient to insure title to the object.
A. Determining the Owner
One issue to consider is whether or not the person representing himself as the owner or duly
authorized representative of the owner is, in fact, that person. While the museum cannot interrogate each
donor, the museum Deed of Gift form should ask that the donor affirm that he is the true owner of the
object, or a duly authorized representative of the owner.
While gathering background information on the object, it may be possible to ask if anyone else,
legal heirs, etc., might have an interest in the object. If the gift is given by an estate, it is prudent to have
all heirs or their authorized representative sign the Deed of Gift. A minor may not legally be able to give
an object to the museum. The advice of a professional should be sought in these questionable instances.
Although expensive, there is a remedy through the courts if the museum acquisition is later found
to have faulty title. If the museum can show damages, then they may be able to show misrepresentation
on the part of the donor.
In the case of purchases, where the title or the object itself proves faulty, there is also remedy
available through the courts. The Uniform Commercial Code provides several recourses for recovery.
One is based on contract and requires that the museum prove that the seller misrepresented himself or the
object, either on purpose or through negligence. Another section deals with objects that may be bought in
good faith and sold in good faith as one thing but in subsequent research, turn out not to be what was
offered.
Several states have statutes regarding the sale of an object from a professional dealer to a non-
professional buyer. This may or may not work in the museum's favor.
13. Stolen Objects
Perhaps the biggest question concerns what happens if the museum acquires an object and the
object turns out to have been stolen? The general rule in the United States is that a thief cannot convey
good title. Title remains in the hands of the person suffering the theft and the museum must return the
object or its value. There is a statute of limitations upon these claims, but court decisions vary and the
museum cannot take the chance of being an innocent victim in this instance.
C. Smuggled or Illegally Acquired Objects
One of the most common problems of title has to do with objects improperly removed from the
country of origin. These objects may not be challenged until many years after the original acquisition.
Objects from American Indian tribes may be sought for return on the basis of foreign nation status.
Pertinent treaties and statutes should be consulted in all instances: "Treaty of Cooperation Between the
U. S. and Mexico for the Recovery and Return of Stolen Cultural Properties," "U. S. Statute Regulating
the Importation of Pre - Columbian Monumental or Architectural Sculpture or Murals," The American
Indian Religious Freedom Act," etc.
As always, laws concerning the collection, sale and trade of fish, wildlife and plants, should be
consulted: "The Legacy Act," "Endangered Species Act" of 1973, as amended, "Marine Mammal
Protection Act," "Migratory Bird Treaty," "Bald Eagle Protection Act," "Antarctic Conservation Act" of
1978, etc.
21
The Antiquities Act" of 1906, and the "Archaeological Resources Protection Act" of 1979,
should be consulted in all cases of objects excavated or given by, people working in archeological digs.
D. Restrictions
The Collections Management Policy provides guidelines for considering exceptions to the rule
that the museum will not accept any gifts with restrictions on them. Restrictions may range from never
disposing of the object to only disposing of the object to another educational institution. While the
former is almost always unacceptable, the latter should be considered based on the quality of the object.
The language of any restrictions should be examined carefully_
E. Copyright
Special property rights (copyrights) which the creator may have in the work are distinct from the
right to possess the work. Copyrights may be divided into five segments: the right of reproduction, the
right of adaptation, the right of distribution, the right of performance, and the right to display the work
publicly. The "Copyright Law" of 1978 should be consulted in all instances.
Before 1978, when a museum acquired an object, it was generally held that it acquired all
copyrights. This is no longer true. Even if the objects were created before 1978 and previous
publications show no "c ", the work can still be considered copyrighted.
This automatic copyright may be negated by publication of the work without the symbol.
However, public display, donation, or sale of the work is not necessarily synonymous with publication.
In other words, a museum would be wise, in all instances, to have documents conveying copyright
attached to purchases or gifts.
Works created for hire are considered to have the copyright invested in the employer, however,
since the term "for hire" can be disputed, this situation of copyrights should be covered in a contract.
Works created before 1978 without mention of copyright cannot be assumed to have their copyright
vested in the museum. If a work is considered for reproduction, adaptation, etc. this must be checked.
If the copyright does not accompany a work, the museum would do well to consider whether or
not those rights are worthwhile to acquire. The museum should ask what the potential interests of the
museum might be as well as those of the person retaining the copyright.
22
BIBLIOGRAPHY
American Association of Museums, and Association of Art Museum Directors. Gifts of Property, A
Guide for Donors and Museums. Washington, D.C.: American Association of Museums, 1985.
Buck, R.A. and J.A. Gillmore. The New Museum Registration Methods. Washington D.C.: American
Assocition of Museums, 1998.
Edson, Gary. Museum Ethics. London and New York: Routledge, 1997.
Malaro, Marie C. A Legal Primer on Managing Museum Collections. Washington, D.C.: Smithsonian
Institution Press, 1985.
Naumer, Helmuth J. Of Mutual Respect and Other Things, An Essay on Museum Trusteeship.
Washington, D.C.: American Association of Museums, 1977.
Porter, Daniel R. "Current Thoughts on Collections Policy." Technical Report 1. Nashville, Tennessee:
American Association for State and Local History, 1985.
Porter, Daniel R. "Developing a Collections Management Manual." Technical Report 7. Nashville,
Tennessee: American Association for State and Local History, 1986.
Simmons, John E. Things Great and Small, Collections Management Policies. Washington, D.C.:
American Association of Museums, 2006.
Ullberg, Alan D. and Ullberg, Patricia. Museum Trusteeship. Washington, D.C.: American Association
of Museums, 1981.
23
Purpose of the Museum
Collection Purpose and Responsibility
Acquisitions
Collection Description
Destructive Analysis
Deaccessions
Loans
Museum Ethics Policy
Museum Clear Title Guidelines
Appendixes:
Bibliography
Attachments:
Table of Contents
1
2
3
4
7
7
12
18
21
23
A. City Code, Chapter 2, Article III, Section 2 -51 - Creating a Department
B. City Code, Chapter 2, Article IV, Division 5, Section 2 -90 - Museum Advisory Committee
C. Laws of Texas Pertaining to Museums
D. City Code, Chapter 2, Article IV, Division 1 - Attendance Requirements, Term Limits
E. City Code, Chapter 2, Article V, Division 1 - Code of Ethics
F. "Deed of Gift" Form
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City of Corpus Christi
City of Corpus Christi
August 16, 2010
To: Angel R. Escobar
City Manager
From: Rick Stryker
Museum of Science an ist
Subject: Proposed Changes to Policies
On May 6, 2010 the Museum Advisory Committee adopted changes to Museum policies that
require City Manager approval.
1) Reduce the number of free admission days from 14 to 10. The new policy will eliminate the
free days in September, October, April and May. This would increase admission revenue for
the Museum (1020- 308471) by $1,356.75 and the Ships (1020 - 308550) by $1,014.75.
2) Increase the charge for birthday party attendees over the 20 person limit from $5 to $7. In
2009 1,336 people attended 78 birthday parties in the Museum. It is not really possible to
estimate the amount of money earned from this policy change because the data is not available.
The primary purpose of this policy change is to limit the number of participants in a birthday
party event to the capacity of the room. The revenue earned from this policy change would not
be significant.
3) Impose a $7 /person charge for rental event participants over the 50 person limit. In 2009 there
were 16 social events during normal business hours to which this fee would have applied. It is
not really possible to estimate the amount of money earned from this policy change because the
data is not available. The primary purpose of this policy change is to limit the number of
participants in an to the capacity of the room. The revenue earned from this policy change would
not be significant.'
With your approval, these policy changes will go into effect.
Approved: e ' 79-190..0 i u""' s fi %
Margie C. Rose g R. Escobar /
AUG 2 4 2010
Corpus Christi Museum of Science and History
Admission Fee Policy
Advisory Committee Adoption: 1/07/2010
Approval:
gel R. Escobar
City Manager
Fee Schedule:
Adults (ages 18, and over) - .$12.50
Senior Citizens (age 65 and older) $10.00
Military (with ID) $ 9.00
Students (with ID, age 13 and older) $ 9.00
Children (ages 5 — 12) $ 6.00
Free Admission:
• Children through age 4
Date: �-
• Students on group school tours (a $3.00 per student fee is still charged for
students wishing to visit the ships)
• Children under age 13 on Saturdays, 10 a.m. to Noon (a $3.00 per child fee is
still charged for children wishing to visit the ships)
• All visitors will be admitted to the Museum exhibits free on the first Thursday of
each month from September through May and on the first Sundays in November,
December, January, February, and March. (a $3.00 per person fee is still charged
for those wishing to visit the ships)
• Members of the Friends of the Corpus Christi Museum of Science and History
• Museum Auxiliary volunteers
Unaccompanied Children are not admitted
Visitors underage 18 must be accompanied by an adult. At least one adult chaperone is
required for every 10 children.
Corpus Christi Museum of Science and History
Birthday Party Policy
Advisory Committee Adoption: January 7, 2010
Approval: Ao Date:
gel R. Escobar
City Manager
Fee Schedule:
$90 Members
$150 Non- Members
Rental fee includes use of Junior League Lecture Hall for two hour period. Parties are
scheduled Tuesday through Saturday at 10:00 A.M. to 12:00 noon or 1:00 to 3 :00 P.M.
Sunday parties are scheduled only from 1 :00 to 3:00 P.M. Host is allowed 30 minutes
prior and 30 minutes after for setup and take down.
Up to 20 guests are included (any combination of adults and/or children) with a $5.00 fee
per person over 20. That fee, if applicable, is collected at the end of the party. Cash,
check, Visa or Mastercard is accepted for payment.
• Reservations are only made with full payment.
• Cancellation with a full refund takes 4 to 6 weeks.
Scavenger Hunt is available for an additional charge of $15.00
Themed gift shop bags are available at $3.00 each.
Museum provides:
• . Tables and chairs and cleans the room and takes out trash after the party.
• Special recognition of birthday child with.a foil crown and announcement over PA system.
• Guests are encouraged to participate in. any Museum activities such as Saturday Craft Program or
Treasure Hunt on Saturday& (The Museum does not provide staff host or facilitator.)
Host provides:
• Host is responsible for decorations and refreshments. Food may be brought from home, from a
deli, or pizza from an outside source. We have the phone number of a Pizza Hut that delivers to
the Museum. (No helium balloons are allowed.)
• Host may use mesquite trees behind the Museum for a pinata. Host is to provide the pinata, rope
and stick.
Corpus Christi Museum of Science and History
Education Program Fee Schedule
Adopted by the Museum Advisory Committee: September 6, 2007
Approved:
Program Fees
Date:
Fact Hunt $15 per group of 25 (Includes one pencil per child)
Focus Program $25 for group of 25 (for schools and scouts)
Scavenger Hunt $15 for birthday party held Sunday through Friday
(Includes small prize and pencil)
Loan Kit
Traveling Trunk $40 for 5 days (for schools only)
Reservations via telephone.
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Facility Rental Policy - Corpus Christi Museum of Science and History
Advisory Committee Adoption: January 7, 2010
City Manager Approval: 0;S-061,--' Date: Z�2- i //"
el R. Escobar
Museum /Plaza Facility rental is possible during non - public hours, for purposes that are consistent with the
Museum's purpose and policies. Museum Room rental is available during public hours and evening
hours. Prices are applicable to a maximum of 4 hours of event time. The Museum may not be used as a
forum for promotion, commercial sales, religious services, fund raising activities, or political gatherings.
The Museum reserves the right to refuse rental of the facility for any event inconsistent with the Museum's
purpose and policies.
Rates - Museum
Seated
Area Capacity Rental Fee W /Cultural Gallery A►dd'fqi;gi?e ern
Enure Museum (400) $ 2,200 $ 2,700 . > -ti:° r
North wing (150) 1,000 1,500 ;? -Witb'" " f,
South wing (100) 700 .N
Center wing (80 ) 500"
Cultural Gallery for Wedding 500 NO
Capacity of the Museum is 2,500 people. Seating capacity varies with type of tables used and set -up
area. Cost to remove exhibits from Children's Wharf $200 and from Cultural Gallery $280.
Rates - Santa Maria Plaza
Area Rental Fee W►Cultural Gallery
North wing and Ships Plaza $ 1,500 $ 2,000
(Capacity: seated 500 /outside, 150/inside)
Ships Plaza
$ 500'
Ship Tours (per hour) 100
Ship tours are available as part of Museum rental.
Additional Rental information
Price are j1 cable to a maximum of 4 hours of event time. 1 a 'M'ry" WILOWerift.
Wedding rehearsal 1 hour, wedding day 2
hours_ Set -up may begin 1 hour before Museum /Plaza closes at 5 p.m. All equipment and supplies
brought in for an event must be removed by 8 a.m. the following morning.
Museum will provide: 10 - 8 ft. tables and 100 chairs (inside use only)
Plaza rental will include: 14 tables and 32 benches.
Renter will provide: Additional electronic equipment (lapel microphone, overhead projector, slide projector,
and TVNCR) and any additional tables and chairs. A 10% catering fee is charged to food and beverage
service providers.
Corpus Christi Museum of Science and History
1900 N. Chaparral, Corpus Christi, TX 78401
(361) 826 -4664, Fax (361) 884-7392, e-mail bonnielacctexas.com
Room Rental Policy
Museum Facility rental is possible during non- public hours, for purposes that are
consistent with Museum's purpose and policies. Museum Room rental is available
during public hours and evening hours. The Museum may not be used as a forum for
promotion, commercial sales, religious services, fund raising activities, or political
gatherings. The Museum reserves the right to refuse rental of the facility for any event
inconsistent with the Museum's purpose and policies.
Area
Watergarden Room
Lecture Hall
Conference Room
Dome Room
Room Rental
Seating Capacity' Rate
50 -175
50 -75
16 -25
70
$150
125
75
200
Rooms may be used for meetings, and luncheons.
receptions ask to see the Facility Rental Policy.
Hrs. Available Meetings after 5 p.m.
8am -5pm $275
8am -5pm 250
8am -5pnz 175
3 hours 500
For evening functions dinner or
The Museum will provide: Tables and chairs for room set-up, screen and projector,
connectors for computer presentations, podium and microphone.
Museum Gift Shop will provide coffee and soft drinks for an additional fee.
Corpus Christi Museum of Science and History
Piano Recital Policy and Fee Schedule
Advisory Committee Adoption: December 4, 2003
Approval:
Fee Schedule:
Manager
Date: '/11 /0Y
$100 for 2 hour use of the Front Porch area, Tuesday evenings, September — May
$40 food and beverage set -up and custodial services
The piano is tuned annually at Museum expense.
Programs are provided by the Recital sponsor.
"Doc" McGregor Photograph Collection Policy
Advisory Committee Adoption: January 7, 2010
Approval:
1.Date:
el R. Escobar
-2/Af/0
Fiber Base & Archival Mat Resin Coated Paper (Matte or Glossy Finish),
5 x 7 25.00
8 x 10 55.00
11 x 14 65.00
16x20 80.00
20 x 24 110.00
5 x 7 15.00
8 x 10 20.00
11 x 14 30.00
16 x 20 50.00
20 x 24 ,75.00
24 x 36200.00
Sepia Tone Prints
Flat rate per image: $10
Digital Images
100 dpi $10
300 dpi$25
Website use: Non - Profit $50 in addition to cost of picture printing
Commercial $100 in addition to cost of picture printing
Copies
Archival Materials: $0.10 each
McGregor Scanned Copy: $1.00 each
Publication Use
Text use of Image in addition to cost of picture printing: Non- Profit $30
Commercial $50
Cover use of Image in addition to cost of picture printing: Non - Profit $50
Commercial $100
Re -use Fee for the use of same image: 'h of the original usage fee
Fee Policies:
*Fees must be paid in advance
*No refunds or exchanges
*A1I sales are final
3. Energy Cost Savings Guarantee
3.1 Guarantee Overview
a. Philosophy: McKinstry is prepared to guarantee any portion of a project over which it has direct control.
b. This Project: For this project, McKinstry is prepared to guarantee the performance of the installed initiatives to
reduce energy consumption. The target energy reductions for the initiatives that will be implemented can be
found in Table 3.1 of this section. Based upon the stipulated conditions as enumerated by the City of Corpus
Christi, TX personnel and the utility rates as described below, the associated utility cost savings are also shown
in Table 3.1.
c. . On -going Services: On -going Performance Assurance is optional for the city of Corpus Christi, TX. The cost of
On -going Performance Assurance in years after the first year is at the discretion of the city of Corpus Christi,
TX. McKinstry is prepared to continue the guarantee as long as the city of Corpus Christi, TX continues the on-
going services as described herein. When the city of Corpus Christi, TX chooses to cancel the ongoing services,
the guarantee will also be terminated at the same point in time.
3.2 FIM Specific Performance Assurance Methodology
a. Guarantees: Table 3.1 - "Energy Savings Guarantee Summary" provides the specific energy consumption
savings for each facility improvement measure and the guarantee that McKinstry will provide associated with
that measure. Savings calculations are based upon both baseline operating characteristics and proposed
operation criteria:
Baseline: "Baseline " refers to the existing operating characteristics that were used to calculate energy cost
savings. The baseline operating characteristics, including system performance and operational
expenditures, which were used for this project are provided in Table 3.1. In general, all parties
acknowledge the baseline associated with any specific measure has been derived from the following
sources:
1) Actual operating information gathered through field observation, measurement, micro -data loggers,
and owner's operating log books.
2) Owner provided information concerning stipulated factors such as run times, burn hours, occupancy,
or operational expenditures.
3) In some instances, a modified baseline may have been developed to address areas whereby pre -
retrofit conditions do not reflect a system that is operating per current code or what the City of
Corpus Christi, TX may deem as normal operation.
ii. Proposed: The proposed operating criteria, including system performance and operational expenditures,
which were used for savings calculations are provided in Table 3.1. Systems must be operated per the
proposed criteria to ensure energy cost savings are realized. McKinstry will provide the initial start-up,
commissioning, and programming of the system to ensure that the systems operate per the proposed
operating criteria. the City of Corpus Christi, TX acknowledges its responsibility to ensure that these
criteria are maintained and associated energy savings are realized. Energy Savings Guarantees are
predicated on the City of Corpus Christi, TX maintaining its responsibilities as provided below in "On -Going
Owner Responsibilities."
b. Performance Assurance (PA): Table 3.2 - "Performance Assurance Plan Outline" provides the specific on -going
reporting tasks that McKinstry will perform to verify that the systems are performing as specified. The intent of
the verification is to measure and verify leading indicators on which the energy savings are based. Once these
leading indicators are measured and are verified to be in accordance with the proposed criteria, the savings
due to the performance of the equipment or measure shall be deemed as met. McKinstry has proposed
measurement of these indicators. The site specific Performance Assurance Program encompasses the following
elements:
i. Initial Commissioning Report: McKinstry will provide an Initial Commissioning Report during the one-
Coq.
Energy Services Proposal 1
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
month period starting three months after the Notice of Commencement of Energy Savings. The scope of
this report consists of the tasks outlined under the "Post- Retrofit" stage of Table 3.2.
II. First Year On -going Reporting: For this project, McKinstry proposes reporting of the first year PA tasks as
provided in Table 3.2 on a one -time basis. The scope of this report consists of the tasks outlined under the
"Annual Task" stage of Table 3.2. The first report shall be provided no later than one year after last date
of Notice of Commencement of Energy Savings. However, if additional phases of work are involved, a
single PA Report may be provided at regular interval(s) that reports across all relevant phases of work.
iii. Post Year 1 On -going Reporting: This proposal includes a 10 -Year Guarantee. This guarantee is only valid
if the City purchases on -going Performance Assurance services for years 2 through 10. Cost of those
services is $30,000 for year 2, escalated at 2.5% per year for each year thereafter.
3.3 Whole Facility (Option C) - M &V Plan
Details of the FIMs to be installed and their proposed method of savings verification, specifically those FIMs
proposed for the Airport, are detailed in Table 3.2. This section covers FIMs proposed to be verified using Option C.
McKinstry proposes to install and implement extensive efficiency measures including: lighting improvements,
computer power management, vending power management, HVAC controls and retro- commissioning, and
replacement of HVAC equipment. These measures will be implemented at the following buildings:
• American Bank Center • Health Department
Arena and Convention
Center Selena Auditorium
• Central Library • Municipal Courts and Police
Department
• City Hall • Museum of Science and History
OPTION C: WHOLE FACILITY ANALYSIS
Because the proposed FIMs are expected to reduce building utility consumption by more than 10 %, McKinstry will
determine energy savings described in this section by following International Performance Measurement and
Verification Protocol (IPMVP) Option C Whole Facility Analysis protocol to demonstrate the overall reduction in
energy usage.
Energy savings will be measured by comparing the guarantee period's total energy consumption and demand to
the total energy consumption and demand for the same area in the base year period. Base year energy and
demand will be adjusted for differences in weather, facility operation, and facility modifications. This method will
provide an estimate of how much energy would have been used in the guarantee period if the FIMs had not been
implemented. Specific savings will be determined in the following manner:
• Energy Saved — the difference between the adjusted base year consumption and the guarantee period
consumption.
Demand Saved — the difference between the adjusted base year demand and the guarantee period
demand.
• Energy Cost Savings — the difference between the cost of the base year consumption and demand and
the guarantee period consumption and demand.
This process will be followed for each fuel type involved in the guarantee.
In support of the Whole Facility Analysis, the M &V process may include FIM specific review and analysis. This closer
look into individual systems is often referred to as "retrofit isolation" and relies on the physical assessment of
equipment change -outs to ensure that the installation is to specification. The potential to generate savings is
illtgetzt
Energy Services Proposal 1
Confidential and Proprietary
3. Energy Cost Savings Guarantee Cont.
verified through observations, inspections, and spot /short- term /continuous metering of energy or proven proxies of
energy use. Following the collection of the measure specific data, the data will then be incorporated, if appropriate,
into the computer simulation to account for energy impacts resulting from deviation from the project's performance
assumptions.
ENERGY BASELINE DEVELOPMENT
Baseline Definition
The base year is the period of time, as agreed to in this document, which establishes the pre - retrofit conditions
used as the point of reference for determining guaranteed savings. The guarantee period is any one or more billing
periods during the term of the guarantee during which guaranteed savings are measured.
The baseline is that set of parameters that describes both the energy consumed in the base year and the
conditions that caused that consumption to occur. This set of parameters includes utility consumption, facility use
information, weather data, and other information as may be necessary to describe the base year conditions. In
addition, the baseline includes certain mathematical values calculated by a model that is used to correlate the base
year energy consumption with the factors that caused that consumption. The baseline to be used for this project is
fully defined in Section 5 — Exhibit 2 Utility Data Assessment (UDA).
Customer agrees to accept modifications to this baseline that are necessary to account for changes in the facilities
and their use which many have occurred prior to the execution of this agreement but come to the attention of
McKinstry after the execution of this agreement.
Determination of Adjusted Baseline
Utility base year consumption will be adjusted to estimate what the current guarantee period consumption would
have been had no FIMs been implemented. This is accomplished by adjusting for these factors:
• Changes in the number of days between the base year and guarantee year billing periods
• Changes in weather between the base year and guarantee year billing periods
• Changes in facility use between the base year and guarantee year billing periods
• Modifications to the facility between the base year and guarantee year periods
Adjusted base year consumption is calculated as follows for each fuel type:
Q= CD * (TT — T_1) +CH *hIDD1 +Cc *CDDt +Mi
Or,
Adjusted Base Year Consumption = Weather Independent Consumption + Weather Dependent Consumption + Use
and Modification Adjustments
Where:
Q = adjusted base year consumption
CD = a constant representing units of consumption per billing period day as calculated by model
T, = ending date of current billing period
• = ending date of previous billing period
CH = a constant representing units of consumption per heating degree day as calculated by model 1-1DD1 = heating
degree days in the current billing period
Cc = a constant representing units of consumption per cooling degree day as calculated by model CDDI = cooling
degree days in the current billing period
M, = other adjustments for the current billing period (Mi is described in detail below).
'01r�7ir�
rer n,.arha.
Energy Services Proposal 1
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
Adjusted base year demand is calculated with a slightly different formula as follows:
D= DD*( T1- T1. 1)+ OH*( HDD;/( T1- T11)) +Dc *(CDDI /(T1- T11)) +M1,
Or,
Adjusted Base Year Demand = Weather Independent Demand + Weather Dependent Demand + Use and
Modification Adjustments
Where:
D = adjusted base year demand
DD = a constant representing units of demand per billing period day as calculated by model
DH = a constant representing units of demand per heating degree day as calculated by model
Dc = a constant representing units of demand per cooling degree day as calculated by model
Weather Independent Consumption
This component of consumption can be regarded as base -load, or non -HVAC consumption. As utility meters are not
always read on the same day of the month, the number of days in a meter's billing period frequently varies. The
term, CD * (T, - T, -1), in the above equation is used to account for this difference, where (T, - T -1), gives the
number of days in the guarantee year billing period. Thus, Weather Independent Consumption is the base load
consumption per day times the number of days in the guarantee year billing period. The approach is identical for
demand, except that the term DD is substituted for CD.
Weather Dependent Consumption
Change in weather between the base year and guarantee year periods is accounted for with the terms, CH * HDDF
+ CC * CDDi. Weather Dependent Consumption is consumption per degree -day times the number of degree -days
in the guarantee year billing period. A cooling degree -day is the difference between the average daily temperature
and the balance point temperature (AvgTemp - BalanceTemp). A heating degree -day is the difference between the
balance point temperature and the average daily temperature ( BalanceTemp - AvgTemp). Degree - days are always
greater than or equal to zero. If the degree -day calculation yields a negative number, the period is considered to
have zero degree -days of that type. The balance point temperature is different for each building and for each fuel
type and will be defined in Section 1.5.
Demand is treated similarly. The exception being that "total degree -days per month" is substituted for "degree -
days per day." This provides a measure of average daily weather intensity.
Other non -route Adjustments
Additional non - routine adjustments to the base year may be made to compensate for modifications and additions
to a facility and /or changes in how a facility is used. A list of known Causes for Adjustments is shown in Section 1.6
along with means to determine the magnitude of these adjustments.
The total adjustment for any given period will be determined with this equation:
M, = Adji + Adj2 + ... Adj„
Where Adji, Adjz and Adj„ are all of the adjustments determined to be necessary for the guarantee period. The sign
of the adjustment will be positive when the change will cause an increase in utility and the sign of the adjustment
will be negative when the change will cause a decrease in utility. Upon request, McKinstry will provide an
explanation of the derivation of these adjustments to Customer.
If additional changes occur, other than those listed in the M &V Plan, McKinstry will document to. Customer how
adjustments will be determined for said changes. Any such adjustment will be added to the term M, in the equation
above.
Energy Services Proposal 1
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
ENERGY SAVINGS CALCULATION METHODOLOGY
Determination of Energy Units saved
Energy and demand units saved will be determined by the following equation:
E =EB — EG
Where:
E = Energy (or demand) Units Saved
EB = Adjusted Base Year Consumption (or Demand)
EG = Guarantee Period Consumption (or Demand)
Determination of Energy Dollars Saved
For the purpose of this contract's guarantee, energy dollars saved will be determined as follows:
$ = ($B — $G) + $5 + $o + $M
Where:
$ = Energy Dollars Saved
$B = Cost of Adjusted Base Year Energy, for All Fuel Types
$G = Cost of Guarantee Period Energy, for All Fuel Types
$s = Stipulated Energy Savings
$o = Other Energy Savings
$M = Maintenance /Other Savings
The cost of energy in any period will be determined by applying the energy rates, as defined in table 3.3 or the
actual energy rates during the period, at the discretion of McKinstry, to the energy used in a given period for each
fuel type.
BASELINE & SUPPORTING INFORMATION
Meter Tuning Contract
The purpose of meter tuning is to establish a relationship between the weather, or other independent variables,
and consumption and demand measured by a particular meter. Tuning consists of identifying relationships between
historic utility performance and the relevant independent variables. The end is a set of coefficients, which will
be used in modeling the energy use of a facility to calculate the energy savings or penalty associated with weather
normalizing the baseline energy use.
During the project implementation period, McKinstry will select the 12 -month baseline period (typically the same
period used as the base line for the energy savings guarantee) for each guaranteed meter and will determine the
meter tuning coefficients. These coefficients will be included as a part of this contract and will be submitted to
Customer for review prior to the start of the guarantee period.
The meter tuning effects will be calculated using Metrix utility simulation software. This software package has been
accepted as meeting the requirements of the IPMVP.
Meter List
Energy Services Proposal I
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
The following meters will be used to measure actual energy consumption for both the base year and guarantee
periods.
Building
Served
AME
Meter Number
10032789439293451
Account
Number
4995056150
Utility Co
AEP/ Direct
Energy
Rate
Sec> 10
kW/ STAP
2009
Units
kWh, kW
AME
10032789490999491
4995056173
AEP/ Direct
Energy
Sec> 10
kW/ STAP -
2009
kWh, kW
AME
GA58094
City of
Corpus
Christi
City Gas
Therms
AME
335494
City of
Corpus
Christi
City Gas
Therms.
AME
GA61012R
City . of
Corpus
Christi
City Gas
Therms
CEN
10032789435610861
4995056160.
AEP /Direct
Energy
Sec> 10
kW/ STAP -
2009
kWh, kW
CEN
GT59346R
City of
Corpus
Christi
City Gas
Therms
CIT
10032789494229351
4995056154
AEP /Direct
Energy
Seca 10
kW/ STAP -
2009
kWh, kW
CIT
8514656
City of
Corpus
Christi
City Gas
Therms
CIT
GT61002
City of
Corpus
Christi
City Gas
Therms
HEA
10032789412459381
4995056] 59
AEP /pirect
Energy
Sec> 10
kW/ STAP -
2009
kWh, kW
HEA
TBD
City of
Corpus
Christi
City Gas
Therms
MUN
10032789410525840
4995056169
AEP /Direct
Energy
Sec> 10
kW/ STAP -
2009
kWh, kW
MUN
GA76764
City of
Corpus
Christi
City Gas
Therms
MUS
10032789422995252
4995056173
AEP /Direct
Energy
Sec> 10
kW/ STAP -
2009
kWh, kW
MUS
10032789464587390
4995056163
AEP /Direct
Energy
City Gas
kWh, kW
MUS
57700
City of
Corpus
Christi
City Gas
Therms
fry
Energy Services Proposal
nfidential and Proprietary
3. Energy Cost Savings Guarantee cont.
Building List
The following table lists the buildings that were served by guarantee meters during the base year period.
Bldg ID
Building Name
Area (ft')
Comments
AME
American Bank Center
486,342
CEN
Central Library
78,400
CIT
City Hall
152,361
HEA
Health Department
46,876
MUN
Municipal Courts & Police
102,580
MUS
Museum of Science & Natural History
85,000
Weather Data Source
Data for weather compensation adjustments will be Daily High -Low Temperatures obtained from the National
Weather Service Station at Corpus Christi, TX (CRP). In the event the specified weather station is deactivated,
weather data will be collected from the nearest weather station with suitable observations. If the data source
becomes unavailable or a superior source is identified, McKinstry may select an alternative source with Customer's
approval.
NON - ROUTINE ADJUSTMENTS
Causes For Adjustment
Cause
Addition of New
Building or
Renovation /Addition
on Existing Building -
with Independent
Utility and HVAC
Service
Action Responsibility
1. None required. Should have no impact on tracked
meters
1. None
Change or Addition of
Facilities or service on
Existing Utility and
HVAC Service
2. Notify McKinstry of planned changes
3. McKinstry will review plans and will determine if change
is likely to impact energy use above thresholds
4. If change is expected exceed any threshold, all
incoming utilities and HVAC service will be sub - metered
5. If the change's impact is expected to be below
threshold, then the change in energy use will be
estimated using industry accepted methods
2. Customer
3. McKinstry
4. Customer
5. McKinstry
aw.wnaw,
Energy Services Proposal 1
onfidential and Proprietary
3. Energy Cost Savings Guarantee cont.
Cause
Action
Responsibility
6. If a Customer initiated FIM (CI -FIM) is expected to save
less than 5% of this contract's annual guaranteed
energy savings, no adjustment will be made to the
savings measured under this contract
.
7 To measure savings from CI -FIM, Customer will develop
6. N/A
Customer Initiated
a separate M &V plan to track the FIMs savings. Pending
7. Customer
FIMa
agreement from McKinstry, the resulting savings from
8. N/A
CI -FIM will be removed from this contract's savings
8. In no event will the original M &V plan's current year
measured savings be reduced below the immediately
preceding year's savings due to CI -FIM
9. Customer agrees to authorize McKinstry to access the
utility information directly from the utility company, or
Customer will send complete and accurate copies of
utility invoices for meters included in this contract to
McKinstry within 10 days of receipt.
10. If McKinstry does not receive invoices within 60 days of
g. Customer
Missing Bills
g
end of service period, McKinstry will estimate savings
based on guaranteed savings or previously achieved
10. McKinstry
savings at McKinstry discretion.
11. McKinstry
11. If McKinstry receives utility data subsequent to above
action, McKinstry will incorporate utility data into
savings analysis. If such data produces savings results
greater than item 10, the greater amount will be used
to determine achieved savings.
12. Other causes for adjustment may occur due to changes
Other Causes
in certain baseline conditions and will be investigated
and an adjustment will be calculated using industry
accepted standards.
12. McKinstry
Threshold Limits
• Area: 1% of base year area as described in Building List
• Electricity: 1% of highest annual peak demand resulting from the Meter Tuning Contract
• Natural Gas: 1% of installed base year gas- heating capacity
• Other Fuel: 1% of installed base year maximum capacity
• Air Conditioning: 1% of installed base year air - conditioning capacity
Calendar & Schedules
Schedule and occupancy are documented in Table 3.4
Standards of Service and Comfort
Customer agrees to operate the conditioned spaces in the facilities listed in the Building List within the temperature
ranges as detailed in Section 3.4. McKinstry reserves the right to adjust the baseline for operating conditions
outside the range specified in this section.
Other Key Baseline Information
Energy Services Proposal 1
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
The following are key baseline conditions and calculation assumptions. Significant deviation from any or all of these
conditions constitutes a cause for adjustment. In the event a cause for adjustment occurs, McKinstry will use an
appropriate means to estimate the effect of the change and add or subtract the adjustment for the current billing
period. All calculations will be made available to the Customer upon request.
• Guaranteed savings assume that no significant increase or decrease in quantity or capacity will occur in installed
equipment and plug loads such as fans, pumps, lighting, copiers, computers, printers, kitchen equipment, etc.
McKinstry reserves the right to adjust for changes in quantity and /or capacity of any of these items. Customer
agrees to provide McKinstry access to Customer's premises and /or records for purposes of determining the
occurrence and /or magnitude of any such changes.
3.4 Utility Rates
a. Utility Rate: For the purpose of calculating savings, the utility rates used will be the utility rates as paid by the
City of Corpus Christi, TX to the utility company during the pertinent period, adjusted for any rate schedule
changes made by the utility company, except that the utility rate used for calculation will never go below the
Floor Rate, or above the Ceiling Rate, as described below. In the event that a building has multiple meters on
different rate schedules, the per -unit cost of the utility will be the average of all the rate schedules in effect at
that facility.
1. Base Utility Rate: Refer to table 3.3 for the Base Utility Rates (including sales tax).
b. Floor Utility Rate: For the purpose of calculation of savings, the utility rate shall never drop below the base
utility rates described above. This shall be known as the Floor Utility Rate.
c. Ceiling Utility Rate: For the purpose of calculation of savings, the utility rate shall never exceed 1.5 times the
base utility rate described above. This shall be known as the Ceiling Utility Rate.
d. Rate Schedule Changes: When the utility company makes a change to the rate schedule, the new rate will be
used for calculating savings realized during a given period. If a rate schedule change occurs partway through a
period, an aggregate rate comprised of a weighted average between the old and the new rate will be used. The
weighting will be based upon the portion of the period that each rate applied.
3.5 Standards of Comfort
The following section provides the standards of comfort, which the City of Corpus Christi, TX must maintain to ensure the
comfort of the occupants upon which all energy calculations were based.
HVAC COMFORT
Heating, ventilating and air conditioning (HVAC) systems provided by McKinstry will provide comfort and indoor air
quality in accordance with the Standards of Comfort below. This standard will pertain only to buildings and areas of
buildings in which McKinstry is installing HVAC equipment that has direct control over space comfort conditions.
HVAC comfort conditions cannot be guaranteed when operable windows or doors are open.
Indoor Conditions:
Occupied:
Winter Heating Set Point - 68 degrees F
Summer Cooling Set Point - 74 degrees F (where mechanical cooling systems are employed)
Unoccupied:
Minimum - 55 degrees F
Maximum - 85 degrees F (where mechanical cooling systems are employed)
Cog!!
Energy Services Proposal
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
Unoccupied for Library and Museum:
Minimum — 55 degrees F
Maximum - 75 degrees F
Minimum outside air per occupant:
In accordance with ASHRAE standards
LIGHTING
Illumination Levels Verification:
Illumination levels shall be as recommended by the Illuminating Engineer's Society of North America (IESNA).
Design calculations shall be made for each space, using an 80% lamp depreciation /maintenance factor.
Illumination Levels Design:
The lighting and illumination levels for lighting systems provided by the McKinstry Co. will meet or exceed current
recommended practices by the Illuminating Engineering Society of North America for illumination levels for the
various tasks that are conducted throughout the City of Corpus Christi, TX.
3.6 On -Going Owner Responsibilities
The City of Corpus Christi, TX shall provide the following services as part of this energy services project. In the
event that these services are not provided, energy savings and associated guarantees will be modified to reflect
the associated impact.
1) Maintain all equipment per manufacturer's recommendations and proposed maintenance schedule.
2) Maintain all sequence of operations and performance criteria related .. to installed systems as proposed and
designed.
3) Provide other FIM specific on -going responsibilities as provided in Table 3.2 - "Performance Assurance Plan
Outline."
4) Provide McKinstry access to Energy Management and Control Systems for the purpose of collecting and logging
data over time as required for performance verification.
5) The City of Corpus Christi, TX shall notify McKinstry in writing with regards to any changes or alterations to
buildings that will affect energy usage. This notification must be provided within two weeks of the change. This
includes occupancy or use changes, computer load or other load changes, scheduling changes, and sequence
of operations changes.
3.7 Non- performance
In the event the equipment performance is not met, McKinstry accepts responsibility for additional electricity or gas
used by the equipment as a result of the reduced performance. McKinstry may, at its preference, execute any of
the following options:
a. Repair or replace equipment as required to meet required performance.
b. Make payments for the extra energy consumption to the City of Corpus Christi, TX. In the event that McKinstry
chooses the payment option, McKinstry reserves the right to select either an annual payment for the duration
of the finance term or a one -time lump -sum payment of the same amount. In either case, the payment will be
calculated based upon the quantity of additional electricity used and the Base Utility Rate as described above.
3.8 Change of Use
CrikinStrjirOf Ireilltg
Energy Services Proposal i
Confidential and Proprietary
3. Energy Cost Savings Guarantee cont.
In the event that the City of Corpus Christi, TX chooses to make changes to the facility that require set point
adjustments, longer operating hours, or continuous equipment operation, the City of Corpus Christi, TX agrees
that:
a. Savings deemed as met described above will continue to be deemed as met.
b. Additional cost of extended equipment operation is a cost of the change, not due to a failure of McKinstry or its
equipment.
c. McKinstry shall not be responsible for any increase in energy, maintenance, or any other costs incurred as a
result of the extended equipment operation.
d. McKinstry, at its option, may make a baseline energy use adjustment to account for a change -of -use at any
facility.
akiii!try
Energy Services Proposal 1
Confidential and Proprietary
Table 3.1- Energy Savings Summary
City of Corpus Christi, TX ESPC
Final
9/16/2011.
Fat IL., :n';rovemcnt
AIR -09.01 Lighting
Improvements
BfIdir g
AIR - Airport
p
,`,t,
Mu o e.• -
p'i
100%
kVd
622.0
kV. ;1)
$5,712
k':'Jr
447,869
k`!•Ih (5,
. .$37,571
','B'YI
-1,284
The, (5)
-$886
(y)
$4 2,397
AIR -16.01 Computer
Power Management
AIR - Airport
90%
0.0
$0
6,998
$587' •
0
$0
$587
AIR -26.01 High
Ef kienty Hand Dryers
AIR - Airport •
903E
0 .
0.0
$0
-1,805
-$151 -
Q
$0
-$151
AME -04.01 HVAC
Controls Improvements
(Selena Auditorium)
AME - American Bank Center
-
90%
0.0
$0
320,513
$26,884 -
-
0
$0 -
- $26,884
-
AME -09.01 Lighting
Improvements (Arena)
AME - American Bank Center
100%
573.0
$4,929
371,632
$31,172
0
40
$36,100
AME -09.01 Lighting
Improvements
(Convention Center)
AME - American Bank Center
100%
1,711.0
$14,717
869,630
$72,943
- 0
$0
$87,660
AME -09.91 Lighting
Improvements (Selena
Auditorium)
AME - American Bank Center
100%
100.0
$860
82,714
$6,938
0 -
$0
$7,798
AME -16.01 Computer
Power Management
AME - American Bank Center
90%
0.0
$0
7,747
$650
0
$0
$650
AME -16.02 Vending
Power Management
AME - American Bank Center
90%
0.0
$0
8,492
$712
0
$0
$712
AME -25.01 Retro-
Commissioning
(Convention Center &
Arena)
AME - American Bank Center
90%
0.0
$0
435,984
$36,569
0
40
$36,569.
CEN -04.01 HVAC
Controls Improvements
CEN - Central Library
90%
0.0
$ 0
232,188
$19,474
10,664
$7,358
$26,833
CEN -09.01 Lighting
Improvements
CEN - Central library
100%
486.0
$4,180
199,429
.$16,727
-561
-$387
$20,520
CEN -16.01 Computer
Power Management
CEN - Central Library
90%
0.0
$0
23,126
$1,940
-0
$0
$1,940
CEN -16.02 Vending
Power Management
CEN - Central Library
90 %.
0.0
$0
3,425
$287
0
$0
$287
CIT -02.01 Primary
Chillers & Cooling Tower
Improvements
CIT - City Hall
90%
- 1,830.6
- $16,655
- 764,707
- $64,193
207,090
$73,892
- $6,956
CIT -02.02 IT Chiller
Improvements
CIT - City Hall
90% .
0.0
$0
43,592
$3,659
0
$0
$3,659
CIT -04.01 HVAC
Controls Improvements
CIT - City Hall
90%
0.0
-
$0
109,301
-
$9,175-
20,769
$7,431
$16,606
CIT -09.01 lighting
Improvements
CIT -City Hall
.100%
1,192.0
$10,845
- 593,780
$49,845
-1,749
- $1,207
$59,483
CIT -16.01 Computer • Power Management
e
CIT - City Hall
90% -
0.0
$0
132,070
$11,087
0
. $0
$11,087
CIT -16.02 Vending
Power Management
CIT - City Hall
90%
0.0
$0
14,948
$1,255
0
$0
$1,255
ffiCIT -y High
Efficiency Hand Dryers
CIT - City Hail
90%
0.0
$0
-2,048
-$172
0
$0
-$172
HEA -09.01 Lighting
Improvements
HEA- Health Department
100%
627.0
$5,393
202,055
$16,948
-1,700
- $1,173
$21,168
HEA -16.01 Computer .
Power Management
HEA - Health Department
90%
0.0 �
$0 -
24,429
$2,049
0
$0
$2,049
HEA -16.02 Vending
Power Management
- HEA - Health Department
90%
0.0
$0
5,864
$492 -
0
$Q
$492
HEA -25.01
Commissioning
HEA - Health Department
90%
0.0
$0
179,899
$15,090 •
0
$0
$15,090
MUN -04.01 HVAC
Equipment & Controls
Improvements
MUN - Municipal Courts and Police .
90%
0.0
$0
381,092
$31,965
0
$0
$31,965
MUN -09A1 Lighting
Improvements
MUN - Municipal Courts and Police
100%
775.0
$6,666
440,953
$36,986
p
$0
$43,652
MUN -16.01 Computer
Power Management
MUN - Municipal Courts and Police
90%
0.0
$0
110,171
$9,241
0
40
$9,241
81
Mc 'may
For Th• .W1Yr118669
Table 3.1- Energy Savings Summary
City of Corpus Christi, TX ESPC
Final
9/16/2011
MUS -04.01 HVAC
Centrals Improvements
MUS -09.01 lighting
Improvements
MUS -16.01 Computer
Power Management
MUS - Museum of Science and History
MUS - Museum of Science and History
MUS - Museum of Science and History
G.ia-a�te_
'lu I:ip c'
9035
100%
9035
09916
VJ
0.0
1,011.0
0.0
5,266.4
$0
$8,696
$0.
$45,342
123,620
207,788
2,387
4,813,132
$10,369
$17,429
$200
$403,727
38,424 •
-1,827
159,826
$26,512
- $1,261
$0
*110,280
$36,881
$200
$559,349
* The savings shown in this table are less than the calculated savings unless a guarantee multiplier of 100% is shown.
The guarantee is based on Key Performance Indicators shown in Table 3.2. Referto Section 3 of the ESP farthe method of converting Key Performance Indicators to dallars during the M &V period.
The guarantee Is based on the aggregate savings for all FIMs, not on individual FIM savings.
Confidential and Proprietary
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IRate_Name
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AME - Sec > 10 kW
IAME -,STAP 2009
CEN - Sec > 10 kW
City Gas Rate
CEN - STAP 2009
CIT - Sec >10kW
City Gas Rate
CIT - STAP 2009
HEA - Sec >10kW
City Gas Rate
HEA - STAP 2009
MUN - Sec >10kW
MUN - STAP 2009
MUS - Sec > 10 kW
City Gas Rate
MUS -STAP 2009
Utiiity_Provider
American Electric Power (AEP)
City of Corpus Christi (TX)
Direct Energy
American Electric Power (AEP)
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IBuilding_Name
AIR - Airport
IAIR - Airport
IAIR - Airport
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IAME - American. Bank Center
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CEN - Central Library
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Sheet 1 of 1
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weekends, and during holidays.
System will go into unoccupied mode at night, on
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System will go Into unoccupied mode at night, on
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System will go Into unoccupied mode at night, on
the weekends, and during holidays.
'System will go Into unoccupied mode at night, on
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:System will go Into unoccupied mode at night, on
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System will go Into unoccupied mode at night, on
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System will go Into. unoccupied mode at night, on
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System will go into unoccupied made at night, on
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System will go into unoccupied mode at night, an
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System will go Into unoccupied mode at night, on
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System will go into unoccupied mode at night, on
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Table 3.5 - Operations and Maintenance (O &M) Detail
City of Corpus Christi, TI( ESPC
Final
9/16/2011
• AIR -09101 Lighting
. Improvements
AIR - Ai rpo
1.
Maintenance and Re
_ Mainten _ pairs
' Lamps &Ballasts
1
1
• $2,427
AIR -26.01 High,Effioenty
Hand Dryers
AIR - Ai Airport
1.
- Paper Towels -.
Pa er Towel C2tReduction
P
1
1
$9,600
prove.01LigArng
Improvements (Arena) -
AMF:- American Bank
Center
1.
Maintenance and Repairs
- Lamps &Ballasts
1
1
14,077'
AMT= -09.01 Lighting
Lnprovements (COnventlan
Center)
AME - Amerlwn Bank
Center
1.
Maintenance and Repairs,
Lamps & Ballasts
1
1
$5,172
AM0 -29.11 Lightln9
Smprovem'ents (Selena
. Auditorium)
AME - American Bank -
Center
1.
Maintenance and Repairs
• Lamps & Bailers - -
-
1 -
1
$3C4
CEN -29.01 Lighting
Improvements
CEN - Central Library
1.
f Maintenance and Repairs
Lamps & Ballasi&
1
1
$2,317
CIT -02.01 Primary, Chillers ,
&CoolingTower
Improvements
CIr- City.Hall
1.
Maintenance and Repairs
Serivice Contract
1
1
$155,000
- CIT-02.02 IT Chiller
Improvements
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1.
Maintenance and Repairs
Materials
1
1
$3,900
CIT-09.Demening
Improvements
CIT.- City Hall
1.
Maintenance and Repairs
Lamps & Behests sts
1
1
$4,443
CST -26.01 High Efficiency
Hand Dyers
CIT - City Hall
1,
Paper Towels
papo-TOwel Cast Reduction
1
1
99,600
HEA -29.01 Lighting
Improvements
HEA - Health Department
' A.
Maintenance and Repairs
- Lamps & 601as&
1
1
$1,573
MUN -04.01 HVAC
Equipment IL Controls
. Improvements
MUN - Municipal Courts
and Police
1.
Maintenance and Repairs
Materials
1
1
516424
MIIN -09.01 Lighting
Improvements
MUN - Municipal Courts
and Police
1.
Maintenance and Repairs
' Lamps & Ballasts
1
1
$3,170
MU5 -09 Ming
- Improvemeverve nts
M11.1 - d HiStary . Museum of Science
1.
Maintenance and Repairs
- -
Lamps & Ballasts
1
1
$4,788
Confidential and Proprietary
Sheet 1 of 1
Construction Period Energy Savings (Non- Guaranteed)
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AME - American Bank Center
AME - American Bank Center
AME - American Bank Center
AME - American Bank Center
AME - American Bank Center
CEN - Central Library
CEN - Central Library
AIR -16.01 Computer Power
Management
AIR - 26.01 High Efficiency
Hand Dryers
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Improvements (Arena)
AME -09.01 Lighting
Improvements (Convention
Center)
AME -09.01 Lighting
Improvements (Selena
Auditorium)
AME - 16.01 Computer Power
Management
AME -16.02 Vending Power
Management
1 Commissioning (Convention
Center & Arena)
CEN -04.01 HVAC Controls
Improvements
CEN -09.01 Lighting
Improvements
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MUS - Museum of
Science and History
MUS - Museum of
Science and History
MUS - Museum of
Science and History
E
Integrate the existing HVAC controls systems onto the new
city -wide graphical user interface. Install new variable
frequency drives and demand controlled ventilation
technology on the air - handling equipment. Provide retro-
commissioning of the existing equipment to Improve the
overall energy performance of the facility.
Upgrade the existing Interior and exterior lighting systems
with new more efficient lighting technologies including
controls where aoolicable.
Install and program a software solution on (20) computers
within this facility which will reduce energy consumption
durine periods of Inactivity.
MUS - Museum of Science and History (Total):
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MUS -04.01 HVAC Controls
Improvements
MUS -09.01 Lighting
Improvements
MUS -16:01 Computer
Power Management
Confidential and Proprietary