HomeMy WebLinkAboutC2018-090 - 4/24/2018 - Approved PROFESSIONAL SERVICE
MANAGEMENT AGREEMENT
FOR THE
CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY
BETWEEN
CITY OF CORPUS CHRISTI
AND
CCMJV, LLC
2018-090
4/24/18 1
Res. 031417
CCMJV LLC
INDEXED
Article 1 11
Definitions 11
ARTICLE 2 16
INTRODUCTION 16
2.1 Term 16
2.2 Grant of Authority 16
2.3 Nature of Relationship 16
2.4 Contract Administrator 16
ARTICLE 3 17
MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY 17
3.1 Premises 17
3.2 Personal Property. 17
3.3 Use of the Premises 17
(a) Required Use 17
(b) Prohibited Use 17
(c) No Illegal Uses or Nuisances 17
3.4 Parking Lot Use 17
ARTICLE 4 18
EXISTING THIRD-PARTY AGREEMENTS 18
4.1 Existing Third-Party Agreements 18
ARTICLE 5 18
Operations 18
5.1 CCMJV Responsibility 18
5.2 Museum Mission. 18
(a) Internal Strategic Objectives 18
5.3 City Operations Support Payments. 19
(a) Operations Account. 19
(b) Operation Support Payment 19
(c) Advancing of Funds for Operation Support 19
(d) Over Budgeted Expenses. 20
(e) Unbudgeted and Under Budgeted Expenses 20
5.4 City Paid Expenses 20
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(a) City Provided Services 20
(I) Informational Technology Services 20
(2) Building Maintenance Service 20
(3) Mail Service. ... 20
(b) Electricity 20
5.5 City Procurements. 20
(a) Computers Procurement 21
(b) Multifunction Copier Procurement 21
(c) Elevator Maintenance Procurement 21
5.6 Water,Gas,and Waste Water 21
5.7 Proportionate Year 21
ARTICLE 6 21
ACCREDITATION,CERTIFICATION,LICENSING,AND PERMITS 21
6.1 Required Accreditation and Certification 21
6.2 Licenses and Permits 21
6.3 City Representations 22
ARTICLE 7 22
MUSEUM COLLECTION MANAGEMENT 22
7.1 Collection Inventory 22
7.2 Collection Management Policy 22
7.3 Deaccession of Collection 22
7.4 Deaccessioned Objects 23
(a) Disposal by Sale 23
(b) Disposal by Exchange or Donation 23
(c) Disposal by Transfer 23
(d) Donor Notification 23
7.5 Acquisitions,Loans,and Destructive Analysis of Collections. 24
ARTICLE 8 24
NEW FACILITIES OPERATING AND MAINTENANCE COSTS 24
8.1 New Facilities Operating and Maintenance Costs 24
ARTICLE 9 24
ADMISSIONS 24
9.1 Admissions 24
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9.2 Access 24
9.3 Admissions Tax 25
ARTICLE 10 25
PURCHASES OF SUPPLIES AND SERVICES 25
10.1 Purchase of Supplies and Services 25
10.2 Contacting Historically Underutilized Businesses 25
10.3 Expenditures in Excess of Ten Thousand Dollars($10,000) 25
10.4 CCMJV Municipality Status. 26
ARTICLE 11 26
FACILITY IMPROVEMENTS AND ALTERATIONS 26
11.1 Facility Improvements and Alterations 26
11.4 Approved Facility Improvements and Alterations 26
11.5 Title to Improvements. 26
11.6 CCMJV's Personal Property 26
ARTICLE 12 26
ENGINEERING,STRUCTURAL AND LAYOUT STUDIES 26
121 _.Studies 26
ARTICLE 13 26
ADVERTISING 26
13.1 Museum Advertisement 27
13.2 Advertisement Reimbursement 27
13.3 Use of Hotel Occupancy Tax Funds. ' 27
ARTICLE 14 28
NAMING RIGHTS 28
14.1 Museum Name. 28
14.2. Donation Acknowledgement 28
ARTICLE 15 28
MAINTENANCE 28
15.1 General Maintenance 28
15.2 Random Inspection 28
15.3 In-Kind Maintenance 28
15.4 Contractor Insurance 28
ARTICLE 16 29
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STAFFING AND EMPLOYEES 29
16.1 Employees 29
16.2 Payroll and Taxation 29
(a) CCMJV Payroll 29
ARTICLE 17 29
GOVERNANCE 29
17.1 Governance 29
ARTICLE 18 29
ROLES 29
18.1 Advisory Board 29
18.2 Museum Executive Director 29
18.3 Museum Collection Manager 30
18.4 Museum Registrar 30
18.5 Museum Educator Director. 30
18.6 Exhibit Manager 30
ARTICLE 19 30
PROFESSIONAL STAFF 30
19.1 Minimum Professional Staff 31
19.2 Modification of Minimum Professional Staff. 31
19.3 Minimum Qualification and Experience for Professional Staff. 31
(a) Museum Executive Director's Minimum Qualifications 31
(b) Museum Collection Manager Minimum Qualifications. 31
(c) Museum Registrar Minimum Qualifications. 31
(d) Museum Educator Minimum Qualifications 31
(e) Museum Educator Assistant Minimum Qualifications 31
(0 Exhibit Manager Minimum Qualifications 32
19.4 Waiver of Minimum Qualifications. 32
ARTICLE 20 32
FISCAL MATTERS 32
20.1 Capital Campaign 32
20.2 Miscellaneous Fees and Prices 32
20.3 Franchises or Concessions 32
20.4 Solicitation of Private and Public Funding 32
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20.5 Grant Funding 33
ARTICLE 21 33
PROHIBITED TRANSACTIONS AND BENEFITS 33
21.1 Benefits to Individuals 33
ARTICLE 22 33
REVENUE 33
22.1 Revenue Account 33
22.2 Proportionate Year 33
ARTICLE 23 33
ADMINISTRATIVE&MANAGEMENT FEE 33
23.1 Administrative Fee 33
ARTICLE 24 34
REPORTING OBLIGATIONS 34
24.1 Annual Reporting Requirements 34
24.2 Quarterly Reporting Requirements 34
24.3 Monthly Reporting Requirements 34
A14TICLE 25 34
BOOKS AND RECORDS 34
25.1 Financial Records 35
25.2 City Audit Participation 35
ARTICLE 26 35
CCMJV CODE OF ETHICS 35
26.1 CCMJV Code of Ethics 35
26.2 Ethics Report 35
ARTICLE 27 35
INSURANCE 35
27.1 Liability Insurance 35
(a) Commercial General Liability Insurance 35
(b) Business Automobile Liability Insurance 36
(c) Crime and Fidelity Coverage 36
(d) Workers'Compensation and Employers' Liability 36
27.2 Policy Rating and Primary Insurance Requirements 36
27.3 Policy Requirements 36
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27.4 Proof of Policy 36
27.5 Request of Policy 37
27.6 Commencement of Work. 37
27.7 Primary Insurance 37
27.8 Liability Insurance Modification 37
27.9 Policy Renewal 38
27.10 Failure to Insure 38
27.11 Property Insurance 38
27.12 Business Interruption Insurance. 38
27.13 Waiver of Subrogation 38
27.14 Payment of Damages 38
27.15 Report of Accident. 38
27.16 Proceeds of Casualty Insurance 38
ARTICLE 28 39
REPRESENTATIONS AND WARRANTIES 39
28.1 Representations and Warranties. 39
(a) Mission 39
(b) Formation 39
(c) Authority. 39
(d) Conflicts and Consents 39
(e) Conflict with Orders,etc. 40
(f) Litigation. 40
ARTICLE 29 40
FORCE MAJEURE 40
29.1 Force Majeure 40
ARTICLE 30 40
INDEMNITY 40
30.1 Indemnification and Hold Harmless 40
30.2 Relationship to Insurance Obligations 42
ARTICLE 31 42
DEFAULT; TERMINATION OF AGREEMENT;REMEDIES 42
31.1 Termination by City. 42
31.2 Termination by CCMJV 42
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ARTICLE 32 42
SURRENDER OF PREMISES 42
32.1 Surrender of Premises;Transition 43
ARTICLE 33 43
HAZARDOUS MATERIALS 43
33.1 Definitions 43
(a) "Environmental Laws" 43
(b) "Hazardous Material" 43
(c) "Release" 44
33.2 No Hazardous Materials 44
33.3 CCMJV's Environmental Indemnity 44
ARTICLE 34 44
ASSIGNMENTS; SUBCONTRACTING 44
34.1 Assignments; Subcontracting 44
ARTICLE 35 45
NOTICES 45
35,I Notices 45
ARTICLE 36 45
COMPLIANCE WITH LAWS 45
36.1 Generally 45
36.2 Preexisting Conditions 45
36.3 Americans with Disabilities Act 46
36.4 Non-Discrimination Ordinances 46
ARTICLE 37 46
TAXES,ASSESSMENTS,LICENSES,PERMIT FEES,AND LIENS 46
37.1 Taxes,Assessments,Licenses,Permit Fees,and Liens 46
37.2 Sales Tax 47
37.3 Unpaid taxes 47
ARTICLE 38 47
MISCELLANEOUS 47
38.1 Liability of the City. 47
38.2 Liability of CCMJV 47
38.3 Liens 47
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38.4 Parties and Their Agents. 47
38.5 Dispute Resolution 47
38.6 No Implied Waiver 48
38.7 Headings and Subheadings 48
38.8 Successors and Assigns 48
38.9 Access to Museum 48
38.10 Relationship of Parties 48
38.11 Agreement Made in Texas 48
38.12 Integrated Agreement;Modification 48
38.13 Counterparts. 49
38.14 Exhibits 49
38.15 Non-Liability of Officials,Employees,and Agents 49
38.16 Time of Essence. 49
38.17 Survival of Indemnities 49
38.18 Good Faith Dealings 49
38.19 Severability 49
3820 Non-Appropriation 50
38.21 Certificate of Interested Parties 50
38.22 Conflict of Interest 50
38.23 Failure to Appropriate Funds 50
38.24 Verification Regarding Israel 51
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 - Admission Fees
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Exhibit H- Governance
Exhibit I- Museum Value for City Insurance Policy Coverage
Exhibit I- Facility Use Policy
Exhibit K— Facility Maintenance
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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 1st day of May,2018 between the CITY
OF CORPUS CHRISTI, a Texas home rule municipal corporation(the"City")and CCMJV,
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 and described in
greater detail in Exhibit"A", which is attached; and
II. CCMJV is an organization whose principals have substantial experience and expertise in
the management, operation,and marketing of amusement services; and
III. 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 modem 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:
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
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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.
"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.
"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 Manner" 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 7 and Article 19 of this Agreement.
"Collection Fund"shall mean an account which funds are only available for the purchase of
Museum Collection objects.
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"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 May 1,2018.
"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.
The parties agree that all costs to determine the source of,plans for,including remediation and
correction of the interior moisture issue for the Museum Premises will be considered Emergency
Expenditures.
"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,
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 October 1 of each calendar year
and ending on September 30 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 definition 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.
"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;
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 including services rendered
in exchange for donation. 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
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services provided by CCMJV related to the Museum. "Gross revenue"shall not include
funds received by CCMJV from the City including Operational Support Payments.; and
e) Gross Revenue does not include grants or donations received by CCMJV,Camp Program
Revenue or Gift Shop Revenue.
"Internal Strategic Objectives" shall mean the thoughtfully constructed plan employed to
achieve the Museum's Mission.
"Management Fees" shall mean those fees payable to CCMJV under Article 23 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 7.
"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 Executive 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;
0 the cost attributable to noncapital replacement of equipment and animals;
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g) license and permit fees;
h) the cost of insurance attributable to insuring CCMJV against liability relating to
the management and operation of the Museum;the cost of Workers'Compensation
Insurance for employees of CCMJV;
i) deductible amounts required and actually spent under any insurance policies;
j) amounts paid by CCMJV in reasonable settlement of claims against CCMJV that are not
paid by insurance carriers;
k) maintenance and repair of grounds, gardens,and adjacent parks and landscape areas
approved by the City Manager and CCMJV;
I) any other expense approved by the City Manager and agreed to by CCMJV; and
m) Operating Expenses do not include landscaping services which will be provided by the
City.
"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.
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"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.
The definition does not apply to the MOISTURE PROBLEM at the Museum Premises.
"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 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. However, Routine Repairs does not apply
to the City's duty to maintain the building and fixtures,or City expenses to be provided under
Section 5.4(a)
"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"Tem") begins on May I, 2018 (the
"Effective Date") and ends on September 30, 2018 (the"Termination Date"),unless sooner
terminated as provided in this Agreement.
2_2 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.
2.3 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.
2.4 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 Museum Executive Director 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
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references in this Agreement requiring CCMJV or City participation or approval shall mean the
participation or approval of such party's Contract Administrator.
ARTICLE 3
MANAGEMENT AND OPERATION OF PREMISES AND PERSONAL PROPERTY
3.1 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. 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.
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 J 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
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. CCMJV shall have exclusive use of primary parking lots 25 and 26
identified in Exhibit B. Secondary lots 1,2,3,5,& 10 identified in Exhibit B are for exclusive use
of the American Bank Center. Secondary lots identified in Exhibit B may be used with consent
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of the entity with control of the parking lots. CCMJV shall not be responsible for existing
violations of the Code or any other local laws regarding the Museum Parking Lot.
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 CCMJV and CCMJV 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. CCMJV 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.
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?
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(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.
(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$936,321 for each Fiscal Year of this Agreement.The
Operations Support Payment shall be paid to CCMJV in quarterly installments on or
before the fifteenth(151h) day of each quarterly month.
(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.
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(d) 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.
(e) 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. Unbudgeted and Under Budgeted Expenses
does not apply to the MOISTURE PROBLEM at the Museum Premises,or the City's
obligations to maintain the Museum Premises and fixtures.
5.4 aq Paid Expenses
(a) City Provided Services. The City will provide Information Technology Services
Facility Maintenance Service,and Mail Service.
(1)Informational Technology Services. The City Informational Technology(IT)
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.
(2) Building Maintenance Service. The City Facilities and Property Management
Department shall provide the labor for routine repairs and preventive maintenance
for the Facility as identified in Exhibit K. CCMJV shall be responsible for
maintenance as identified in Exhibit K
(3) Mail Service. The City will provide mail service and postage up to $1,060 per
fiscal year. For Postage Cost that exceeds $1,060 in a fiscal year, the City will bill
CCMJV for reimbursement.
(b) Electricity. The City shall pay the energy provider for Electricity provided to the
Museum up to $230,088 per fiscal year. For the Electricity cost that exceed $230,088 in a
fiscal year, the City shall bill CCMJV for reimbursement. The City and CCMJV agree
that within three(3)months, the City will have adjusted the Museum's Thermal Energy
Storage System costs to reflect actual usage and the amount of the City Paid Expenses
and City Operating Support Payment will also be adjusted accordingly in an addendum to
this agreement.
5.5 Cit Procurements.
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(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 eleven laptop computers with work station, five
desk top work stations,three switches, and one router. 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. CCMJV will pay the vender directly for service. The
City shall bill CCMJV monthly for reimbursement if CCMJV fails to pay vender..
(c) Elevator Maintenance Procurement. The City is a party to Agreement for Elevator
Maintenance and Permitting. The City shall procure elevator maintenance and permitting
for the Museum during the term of this agreement.The Museum elevators will be
maintained during CCMJV operation of the Museum by the City.
5.6 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.
5.7 Proportionate Year. This section shall apply to the fiscal year 2017-2018. All the
conditions of Article 5 shall be prorated for fiscal year 2017-2018,beginning on the effective
date of this agreement.
ARTICLE 6
ACCREDITATION,CERTIFICATION,LICENSING,AND PERMITS
6.1 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.
6.2 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
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Museum to the extent permitted by applicable law, if such licenses or permits are required to be
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.
6.3 Cq 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 7
MUSEUM COLLECTION MANAGEMENT
7.1 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. If there is a discrepancy between the video
inventory and electronic document inventory, the video inventory shall control.
7_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.
7.3 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
iviuseum 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.
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7.4 Deaccessioned Objects. Deaccessioned objects are removed from the collection by
means of sale, exchange, donation, transfer, or destruction. 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 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 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,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 Tax Reform Act of 1984, it is then only a practice of goodwill to notify
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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.
7.5 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.
7.6 Liability for Collection. CCMJV shall not be liable for any damage to items in the
collection due to relocation for building maintenance,including but not limited to any damages
or problems caused by the MOISTURE PROBLEM at the Museum Premises.
ARTICLE 8
NEW FACILITIES OPERATING AND MAINTENANCE COSTS
8.1 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 9
ADMISSIONS
9.1 Admissions. Admission shall be set at their current rates shown in Exhibit G approved
by the City Manager on August 26,2014. 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
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.
9.2 Access. CCMJV 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.
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9.3 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 10
PURCHASES OF SUPPLIES AND SERVICES
10.1 Purchase of Supplies and Services. CCMJV 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 arc competitive with those
obtainable from others rendering comparable services in the field. To insure compliance in this
respect,CCMJV agrees to obtain at least two(2)other competitive bids from persons other than
CCMJV's Affiliates,whenever CCMJV considers transacting business with an Affiliate for
providing goods or services under this Agreement. 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 CCMJV to verify CCMJV's compliance with the provisions of this section.
10.2 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,CCMJV 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
underutilized businesses. Any such notice shall be sent by certified mail and CCMJV shall keep
record of all notices for four(4)years after the termination date of this agreement.
10.3 Expenditures in Excess of Ten Thousand Dollars($10,000). CCMJV 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.
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10.4 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 11
FACILITY IMPROVEMENTS AND ALTERATIONS
11.1 Facility Improvements and Alterations. CCMJV 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 CCMJV to or on the Museum must be approved by City Manager.
11.4 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 CCMJV shall obtain any required
permits for such alterations and facility improvements.
113 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.
11.6 CCMJV's Personal Property. All furniture, furnishings, and articles of movable
personal property installed in the Premises by or for the account of CCMJV,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 31. At least ten(10) days
prior to delinquency,CCMJV shall pay all taxes levied or assessed upon CCMJV's Property and
shall deliver satisfactory evidence of such payment to City.
ARTICLE 12
ENGINEERING,STRUCTURAL AND LAYOUT STUDIES
12.1 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 13
ADVERTISING
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13.1 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. All advertisements shall be in compliance with federal,state and
local laws.
13.2 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 $50,000 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
expenditures shall be made to CCMJV on or before the thirtieth(30th)day following the 6th
month of the Fiscal Year and at the end of the Fiscal Year, if available.
13.3 Use of Hotel Occupancy Tax Funds. Use of hotel occupancy funds is limited to those
activities that, comply with Texas Tax Code Chapter 351, including without exception, the
following requirements, herein referred to as"Activities":
(A) advertising and conducting solicitations and promotional programs to attract tourists
and convention delegates or registrants to the municipality or its vicinity;
(B) the activities are in the categories that are eligible for funding as described in Section
351.101(a)(3) of the Texas Tax Code, copy attached as"Exhibit"; and
(C) the activities promote both tourism and the convention and hotel industry within the
City of Corpus Christi.
13.4. Completion Report.CCMJV must submit to the City's Director of Management and
Budget("Director")a completion report("Report") each year, no later than thirty(30) days
following the end of each City fiscal year which year ends September 30. The Director, or his
designee, shall review this Report to verify whether the Grant funding provided to CCMJV was
spent in accordance with the requirements in this Agreement. The Report must include the
following criteria:
(A)Written assurance to City that all Activities funded by the City Hotel Occupancy Tax
funds served to promote tourism to the community. This shall be evidenced by providing
the City with a written description of CCMJV's marketing or advertising strategy.
(B) For all Activities funded by the City, CCMJV must submit to the City a written
estimate of the number of CCMJV's Activities attendees that reside outside the territorial
limits of the City of Corpus Christi. This may be accomplished using a visitor log, by
tallying the number of out-of-town billings or by listing the out-of-town mailing
addresses gathered through the ticket sales process.
(C)An estimate of the total Activities attendance.
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ARTICLE 14
NAMING RIGHTS
14.1 Museum Name. Under no circumstances, except for formal action by City Council,may
the Museum's name be changed from"Corpus Christi Museum of Science and History".
14.2. 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 Manager 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 15
MAINTENANCE
15.1 General Maintenance. CCMJV shall be responsible for the repairs and maintenance,
identified in Exhibit K.The City shall be responsible for the repairs and maintenance identified
in Exhibit K. 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 6 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.
15.2 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 15.1 will be reported to CCMJV. CCMJV shall take the necessary action
to remedy the deficiency in a timely fashion.
15.3 In-Kind Maintenance. In-Kind Maintenance can be provided by the City for repairs
that are necessary for public health and safety including emergency repairs,non-routine and non-
preventative maintenance. In-Kind Maintenance requires City Manager approval. Any time the
Museum requires In-Kind Maintenance,the Museum Executive Director 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.
15.4 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
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such contractors operations,and the use of owned, nonowned, or hired automotive equipment in
the pursuit of all such operations.
ARTICLE 16
STAFFING AND EMPLOYEES
16.1 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.
16.2 Payroll and Taxation.
(a) CCMJV Payroll CCMJV 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 17
GOVERNANCE
17.1 Governance. The Museum shall be operated under the organizational chart set out in
Exhibit H. The Governance may be changed by CCMJV at its discretion,as deemed necessary
for successful Museum management and to fulfill the mission of the museum, after
recommendation to the City Manager or his designee and subsequent written approval.
ARTICLE 18
ROLES
18.1 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.
18.2 Museum Executive Director. The Museum Executive Director("Director") will serve
under and on behalf of the CCMJV as Director and General Manager for the Museum managing
all aspects of the museum including its finances,marketing, fund raising and revenue generating
operations. The Director is also responsible for all core aspects of Museum operations including
visitor experience, exhibits, collection,maintenance, educational programs,accreditation and
certifications. It is the Director' s responsibility to operate the Museum per best Museum
practices such that both accreditations by the AAM(reviewed in 2017)and archeological
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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.
18.3 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.
18.4 Museum Registrar. The Museum Registrar position maybe combined with the
Museum Collection Manager position. 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 perforans 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.
18.5 Museum Educator Director. The Museum Educator Director is responsible for leading
the education program development and delivery team for adults and students. The Museum
Educator Director 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 Director serves as a member of every exhibit development team to make
certain that the needs of the school audience are addressed. The Museum Educator Director can
work individually with teachers, group leaders,and event planners to provide excellent customer
service. The Museum Educator Director can also recruit train, schedule and supervise staff and
volunteers to provide needed programming.
18.6 Exhibit Manaper. The Exhibit Manager is responsible for exhibit planning including
the development, installation, implementation,oversight and maintenance for all exhibits as well
as developing temporary, rotating exhibits and exhibit rental.The Exhibit Project Manager is
also responsible for assuring safety and security of collection objects from harm due to light,
dust,heat, and visitors.
ARTICLE 19
PROFESSIONAL STAFF
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19.1 Minimum Professional Staff. CCMJV shall maintain a professional staff necessary to
assure the success of the museum and achieve its mission, including the mandatory positions of
Museum Executive Director, Education Director, Collection Manager,and Maintenance
Supervisor, .
19.2 Modification of Minimum Professional Staff. The Professional Minimum Staff
requirement in Article 19.1 can be increased or decreased upon request of the Museum Executive
Director and approval by the City Manager. If the Museum Executive Director determines that
the Professional Staff size needs modification, the Museum Executive 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.
19.3 Minimum Qualification and Experience for Professional Staff. CCMJV shall only
hire professional staff that meets the following qualifications for key staff positions:
(a) Museum Executive Director's Minimum Qualifications. The Museum Executive
Director shall have a minimum of a bachelor's degree and extensive experience in
Business, Business Development,and Management including a minimum of five(5)
years in a key leadership position with museum based experience.
(b) Museum Collection Manager Minimum Qualifications. The Museum Collection
Manager must have a bachelor's degree or higher 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 or other related field with prior work experience as
a registrar or similar position. 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 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.
(e) Museum Educator Assistant Minimum Qualifications. The Museum Educator
Assistant must have a master's degree in Education or related field. This position
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requires management experience in two(2) years' experience working in a Museum or
comparable facility; or any equivalent combination of training, education and
experience..
(f) Exhibit Manager Minimum Qualifications. The Exhibit Manager must have a
minimum of a bachelor degree in a related study and exhibit development,design and
exhibit management experience. This position requires two(2) years'work experience in
a Museum or comparable facility; or any equivalent combination of training, education,
and experience.
19.4 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 Manager 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 20
FISCAL MATTERS
20.1 Capital Campaign. If CCMJV wishes to pursue any Capital Campaign, it must follow
the same approval process as Facility Improvements in Article 11. Any Capital Campaign shall
be conducted in good faith and must be in compliance with state and federal law.
20.2 Miscellaneous Fees and Prices. Subject to Article 9 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.
20.3 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.
20.4 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 13 or any other provision of this
Agreement.
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20.5 Grant Funding, The City shall allow CCMJV to apply for grants in the City's name for
which CCMJV 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 expended to enhance the Museum or applied in
accordance to the terms of the grant.
ARTICLE 21
PROHIBITED TRANSACTIONS AND BENEFITS
21.1 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.
ARTICLE 22
REVENUE
22.1 Revenue Account. CCMJV shall collect all revenues and sales tax. Revenues collected
may be held in a CCMJV account. After sales tax paid,CCMJV will pay from the CCMJV
account the Administrative Fee before any revenue is split. After that payment,CCMJV shall
pay 50%of all revenues less sales tax to the City. The City's revenue split shall be deposited
monthly into an account maintained in the Depository in the name of the City.Monies deposited
in the City's account are sole property of the City This payment will be made within 15 days
after the close of the previous month, or the next working day if the 15th day falls on a weekend
or holiday.
22.2 Proportionate Year. This section shall apply to the fiscal year 2017-2018. All the conditions
of Article 22 and 23 shall be prorated for fiscal year 2017-2018,beginning on the effective date of this
agreement.
ARTICLE 23
ADMINISTRATIVE & MANAGEMENT FEE
23.1 Administrative Fee. CCMJV will be paid Ten Thousand and 00/100 Dollars
($10,000.00)monthly,or ten percent(10%)of Gross Revenues monthly, whichever is larger,as
a Administrative Fee under the terms of this Agreement. These funds will be paid prior to any
split of revenues between CCMJV and the City of Corpus Christi. Administrative fee will be
deducted from total revenue excluding sales tax.
23.2 Management Fee. After payment of the Administrative Fees from Gross Revenue,
CCMJV will retain 50% of revenue,excluding sales tax, for the Management Fee.
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ARTICLE 24
REPORTING OBLIGATIONS
24.1 Annual Reporting Requirements
a. Annual Plan. At least thirty(30)days prior to the beginning of each Fiscal Year,
CCMJV shall,at its sole expense,prepare and submit to the City Manager 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:
1. An evaluation of existing exhibits,
2. A description of major programmatic changes planned at that time for the
ensuing year; and
3. Any proposed changes in fees at the Museum.
b. 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 cost and expense, and may
be paid for using Operating Support Payment funds,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: (1)thirty(30)days after the completion of such auditor; or
(2) ninety(90) days after the end of the Fiscal Year covered by such audit.
c. Reconciliation of Accounts.Within sixty(60)days after the end of each Fiscal Year,
CCMJV shall reconcile:
L the Revenue Account,
2. Operation Support Account, and
3. Collection Fund Account for each Fiscal Year.
24.2 Quarterly Reporting Requirements. CCMJV shall, at its sole expense,prepare and
submit to the City Manager and present to the Museum Advisory Board a quarterly report setting
forth a summary of attendance, operations and services provided by CCMJV at the Museum for
the preceding quarter. This quarterly Report will also include upcoming events at the Museum
for the ensuing quarter,.
24.3 Monthly Reporting Requirements. CCMJV shall,at its sole expense,prepare and
submit to the City Manager and Finance Department 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,.As outlined previously in Article 22, Revenue,
CCMJV shall submit monthly a summary of revenue and accounting of costs.
ARTICLE 25
BOOKS AND RECORDS
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25.1 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 26.2 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.
25.2 aq 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 26
CCMJV CODE OF ETHICS
26.1 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.
26.2 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 27
INSURANCE
27.1 Liability Insurance. CCMJVshall 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; (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.; and (iii)may be paid for using Operating
Support Payment funds 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
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
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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) 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.
(d) 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.
27.2 Policy Racine 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.
27.3 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'
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.
27.4 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
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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.
27.5 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 teens, 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
27.6 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.
27.7 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.
27$--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.
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27.9 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.
27.10 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
27.11 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 scheduled values for Museum
facilities are in Exhibit I.
27.12 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.
27.13 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.
27.14 Payment of Damages. Nothing herein contained shall be construed as limiting in any
way the extent to which CCMJV maybe held responsible for payments of damages to persons or
property resulting from CCMTV's or its subcontractors'performance of the work covered under
this Agreement.
27.15 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.
27.16 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 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
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the City elects not to restore the Museum, but within one(1)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 28
REPRESENTATIONS AND WARRANTIES
28.1 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 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.
(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
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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.
(0 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 29
FORCE MAJEURE
29.1 Force Malenre. 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 30
INDEMNITY
30.1 Indemnification and Hold Harmless. CCMJV ("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
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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. CCMJV does not agree to and shall not indemnify
the City with respect to claims or causes of action or other matters relating to the
MOISTURE PROBLEM at the Museum Premises.
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30.2 Relationship to Insurance Oblivatious. Nothing contained in this Article 30 shall be
construed to affect the allocation of responsibilities between the Parties or the insurance
coverages required in Article 27 of this Agreement.
ARTICLE 31
DEFAULT; TERMINATION OF AGREEMENT; REMEDIES
31.1 Termination12y 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:
(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 CCMJV 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,CCMJV 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 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.
31.2 Termination12y 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,CCMJV 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. Either party may terminate this Agreement without cause by
giving 90 day's written notice.
ARTICLE 32
SURRENDER OF PREMISES
42
32.1 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. 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 CCMJV. 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
shall, immediately before the Termination Date or other termination of this Agreement, remove
all 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,maybe 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 33
HAZARDOUS MATERIALS
33.1 Definitions. As used in this Agreement,the following terms shall have the meanings
set forth below:
(a) "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.
(b) "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
43
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.
33.2 No Hazardous Materials. CCMJV covenants and agrees that neither CCMJV 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 CCMJV 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
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.
33.3 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 34
ASSIGNMENTS; SUBCONTRACTING
34.1 Assignments; Subcontractinn. CCMJV has been chosen by the City to operate and
manage the Museum in reliance upon CCMJV's stated and unique expertise, skill,knowledge,
44
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 35
NOTICES
35.1 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
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: William Durrill
615 Upper Broadway
Corpus Christi,Texas 78401
If to the City of Corpus Christi: Margie C. Rose
City Manager
City of Corpus Christi
1201 Leopard
P.O. Box 9277
Corpus Christi,Texas 78469
ARTICLE 36
COMPLIANCE WITH LAWS
36.1 Generally. CCMJV shall comply and conform with all laws and all governmental
regulations, roles, 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.
36.2 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
45
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 refereed 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 30 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 contraction,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.
36.3 Americans with Disabilities Act. CCMJV acknowledges that the Americans with
Disabilities Act(the"ADA") requires that programs, services, and other activities provided by a
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.
36.4 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 37
TAXES,ASSESSMENTS,LICENSES,PERMIT FEES,AND LIENS
37.1 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.
46
37.2 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.
37.3 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 38
MISCELLANEOUS
38.1 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.
38.2 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.
38.3 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.
38.4 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.
38.5 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)
47
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.
38.6 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.
38.7 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.
38.8--- 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.
38.9 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.
38.10 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.
38.11 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.
38.12 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
48
modified except by a written agreement approved by the City of Corpus Christi City Council and
mutually executed between each of the parties.
38.13 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.
38.14 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.
38.15 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
amount which may become due to the City, its successors,and assigns, or for any obligation of
CCMJV under this Agreement.
38.16 Time of Essence. Time is of the essence of each provision of this Agreement.
38.17 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.
38.18 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.
38.19 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. If 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.
38.20 Non-Appropriation The continuation of this Agreement after the close of any fiscal
year of the City,which fiscal year ends on September 30 annually, is subject to appropriations
and budget approval covering this Agreement as an expenditure in said budget; however,it's
within the sole discretion of the City Council of the City to determine whether to fund this
49
Agreement. The City does not represent that this budget item will be adopted,as said
determination is within the City Council's sole discretion when adopting each budget.
38.21 Certificate of Interested Parties. CCMJV agrees to comply with Texas Government
Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement.
Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts
with cities. These interested parties include:
(1) persons with a`controlling interest" in the entity,which includes:
a. an ownership interest or participating interest in a business entity by virtue
of units, percentage, shares, stock or otherwise that exceeds 10 percent;
b. membership on the board of directors or other governing body of a
business entity of which the board or other governing body is composed of not
more than 10 members; or
c. service as an officer of a business entity that has four or fewer officers, or
service as one of the four officers most highly compensated by a business entity
that has more than four officers.
(2) a person who actively participates in facilitating a contract or negotiating the
terms of a contract with a governmental entity or state agency, including a broker,
intermediary, adviser or attorney for the business entity.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info_forml 295.htm. The form must then be printed,
signed, notarized and filed with the City. For more information,please review the Texas Ethics
Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
38.22 Conflict of Interest. CCMJV agrees to comply with Chapter 176 of the Texas Local
Government Code and file Form CIQ with the City Secretary's Office, if required. For more
information and to determine if you need to file a Form CIQ,please review the information on
the City Secretary's website at http://www.cctexas.com/govcmmendcity-secretary/conflict-
disclosure/index
38.23 Failure to Appropriate Funds. Failure to appropriate funds will give CCMJV the unilateral
right to terminate this Agreement,and the City shall still be responsible and obligated to pay the
Management through the date of termination and other operating expenses paid for by CCMJV or
incurred by CCMJV.
38.24 Verification Regarding Israel. In accordance with Chapter 2270,Texas Government Code,the
City may not enter into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (I)does not boycott Israel;and(2)will not boycott Israel
during the term of the contract. The signatory executing this Agreement on behalf of the Contractor
verifies that the company does not boycott Israel and will not boycott Israel during the term of this
Agreement.
50
IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year
first above written.
CITY OF CORPUS CHRISTI CCMJV, LLC
By: 61j)115"")*
1) O 142-64 -3By.:
W-Nmigit.
Margie C. Rose William Durrill
City Manager Principal
g nIig
Date Date
ATTEST:
E ECCA HUERTA
CITY SECRETARY
Approved as to legal form: A P r I 16 , 2018
-PULA- IghiCe,
Buck Brice -�
Assistant City AttorneyIf„DI-:. I u I num
For City Attorney 3Y COUNCIL
•
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51
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EXHIBIT B
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US 181 for the exclusive use of the
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T(-
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A (Lots 2.3,5 8 10 are for the exclusive
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EXHIBIT C
f °r American
1 Alliance of
Museums
February 1, 2013
Carol Rehtmeyer
Director
Corpus Christi Museum of Science & History
1900 N Chaparral St
Corpus Christi, TX 78401-1114
Dear Ms. Rehtmeyer:
On behalf of the Accreditation Commission and Program staff, congratulations on your
appointment as the new Director of the Corpus Christi Museum of Science & History. The
museum is one of almost 1,000 museums nationwide recognized through AAM accreditation for
its commitment to excellence and high professional standards. I have enclosed some of our
program literature for your reference, and encourage you to visit our web site at www.aam-us.org
for additional information.
The Corpus Christi Museum of Science & History was first granted accreditation in 1973, and was
successfully reaccredited in 1988, 2001 and 2011. The museum's next self-study due date is
November 1, 2025.
I would also like to welcome you as a member of the accreditation peer reviewer roster—a benefit
of accreditation. As the new director of an accredited institution, you are automatically a member
of the Alliance peer reviewer roster, eligible to serve on Visiting Committees for accreditation
reviews. This is an excellent chance to pick up new ideas from your peers and take them home to
your museum, network with peers at sister institutions, and actively participate in Alliance's efforts
to advance standards and best practices. Periodically my staff may approach you with the
opportunity to serve on a given museum's review team. You are under no obligation to accept
these assignments, of course, but I hope you consider trying this out.
The enclosed Frequently Asked Questions for New Accreditation Peer Reviewers will answer
many questions you likely have at this point. There is also some information on page 40 of the
enclosed copy of A Higher Standard: The Museum Accreditation Handbook. The Peer Review
Program staff will be in touch with you directly in the next few weeks giving you more information,
Please do not hesitate to contact the staff at(202) 289-9116 or accreditation@aam-us.org with
questions about any aspect of the museum's participation in the Accreditation Program. We look
forward to working with you and your staff, and wish you the best of luck in your new position.
Sin ere ,
6;6,
Dana Twersky
Assistant Director, Accreditation
T F www.aam-us.org
TEXAS HISTORICAL COMMISSION
real places telling real stories
CURATORIAL FACILITY CERTIFICATION PROGRAM
Benchmarking Excellence
WRITTEN NARRATIVE REPORT AND RE-CERTIFICATION RECOMMENDATION
To be completed by CFCP Coordinator
Corpus Christi Museum of Science and History Bradford M. Jones
Curatorial Facility Field Reviewer
1900 N. Chaparral Street P.O. Box 12276
Corpus Christi, TX 78401 Austin, TX 78711-2276
Mailing Address Mailing Address
361-826-4667 512-463-5865
Telephone(area code and number) Telephone
512-463-8927
Fax(area code and number) Fax(area code and number)
Jillian Becquet _ brad jones(a).thc.state.tx.us
Contact Email
JillianB(acctcxas.com July 2-3 &August 31,2015
Email Date of Field Review
Alb
/4S �0 — C'P 1Mir
t,
ator
GREG ABBOTT, GOVERNOR •JOHN L. NAU, III, CHAIR •MARK WOLFE, EXECUTIVE DIRECTOR
P.O. BOX 12276 *AUSTIN,TEXAS•78711-2276•P 512.463.6100 •F 512.475.4872 •www.thc.state.tx.us
INTRODUCTION
The Corpus Christi Museum of Science and History(CCMSH)was the first curatorial facility
in the State of Texas to be entrusted by the Texas Historical Commission's(THC)Certified
Curatorial Facility Program(CFCP)to curate state associated Held-In-Trust(HIT)collections.
The museum,which is also the formal Maritime Curation Facility for Texas, currently houses
two of the state's most significant shipwreck collections: the HIT 1554 Shipwrecks and the La
Belle shipwreck that is the property of France and managed by the THC. In addition,the
museum currently holds multiple site collections from permitted terrestrial and marine
archeological projects that are HIT in addition to the museum sizable collection of regionally
acquired historic material. CCMSH is a significant state and regional resource for curation and
research.
Since being certified on October 28, 2005, CCMSH has consistently filed an Annual Report to
the CFCP coordinator, detailing acquisition and accessioning, loans, analysis, or changes in the
status of the HIT properties. In all respects, CCMSH continues to meet the standards and
expectations of the CFCP program. As detailed below,over the last 10 years CCMSH has
continued to improve the management and care of the HIT collections,even though several
changes in the administration of the museum and the staff have occurred. Throughout this
period the Museum has worked closely with THC to insure that any requests for loans, images,
or research on HIT collections arc properly addressed and in compliance with CFCP standards.
As the curatorial repository for the La Belle artifacts, CCMSH has been an important partner in
facilitating the ongoing analysis of the collection, and as the primary loan institution handles
the annual renewal of loans to the Odyssey Museum members, the Bullock State History
Museum, and other museums exhibiting La Belle artifacts.
When it was initially certified the CCMSH was identified as having two Deficiency Factors
due to substandard policies and substandard procedures (See Attachment I). Since that time,
CCMSH has instituted changes to their Collection Management Policy and to their procedures
that address all of the deficiency factors identified. At this time, CCMSH has no pre-existing
deficiency or disabling factors,or any that were newly identified, that would affect the facility's
eligibility for re-certification.
The following sections briefly address each of the nine main areas of focus discussed in the
attached copy of the CFCP Written Narrative Report recommending certification for CCMSH:
governance,finance,policies,procedures,physical facilities, staff, visiting scholars and
researchers, records management,and collections care.
GOVERNANCE
The CCMSII meets all CFCP requirements regarding governance. However, since the initial
certification,the Museum has undergone a change in its daily operational organization. Though
the Museum remains organized as an administrative department under the City Council of
Corpus Christi,managerial oversight of the facility has been assumed by a private management
firm, though still through the auspices of an appointed Advisory Committee. Working in
2
tandem,the Advisory Committee and director share the responsibility of operating the Museum
under established and approved policies and procedures.
FINANCE
The CCMSH continues to meet all CFCP requirements regarding finance.
POLICIES
As noted in the introduction, when CCMSH was originally certified the field reviewer
requested that the policy statements in the Museum's Collection Management Policy(CMP)be
revised to match recommendations and minimum standards set forth by the CFCP certification
process. These revisions have been done and were reviewed and approved by the CFCP
coordinator Elizabeth Martindale in 2007.
Therefore,CCMSH now meets all CFCP requirements regarding Policies.
PROCEDURES
As noted in the introduction,when CCMSH was originally certified,the field reviewer
requested that the written procedures be revised to match recommendations and minimum
standards set forth by the CFCP certification process. These revisions have been done and were
reviewed and approved by the CFCP coordinator Elizabeth Martindale in 2007.
Therefore, CCMSH now meets all CFCP requirements regarding procedures.
PHYSICAL FACILITIES
Physical facilities were considered sufficient to meet all CFCP requirements at the time of
certification, and CCMSH continues to meet all CFCP requirements regarding Physical
Facilities. As noted below under Collections Care, the location of the}IIT and La Belle
collections has been changed to the main collections storage area which has an improved
HVAC system providing an enhanced physical environment for the collections.
STAFF
At the time of certification and until 2013,the museum was under the direction of Richard
Stryker. As noted in the governance section, the daily management of the Museum has since
been contracted to a private management company and now Carol Rchtmeyer is the Museum
Director.
In addition to the change in director, the CCMSH has seen a reduction in staff due to changing
budgetary constraints. Until 2014, CCMSH had both a dedicated curator/collections manager
3
and a registrar involved in the curation of the Museum collections. Since that time,these roles
have been combined in one staff position. Currently Jillian Becquet is the Collections
Manager/Registrar. Ms. Becquet has a master degree in Museum Sciences from Baylor
University and has proven highly effective since assuming the role.
The CCMSH continues to meet all CFCP requirements regarding procedures.
VISITING SCHOLARS AND RESEARCHERS
The CCMSH continues to meet all CFCP Visiting Scholar and Researchers Requirements. As
described under Collections Care,the relocation of the HIT and La Belle collections to the
second floor has improved access for interested researchers by situating them closer to the
materials as well as in an improved work space. Up to this point the Museum has been able to
assist any researcher requesting access to HIT or the La Belle collections, but there is some
measure of concern on the part of the CFCP Coordinator that the reduction in staffing has the
potential to leave insufficient staff time to assist and supervise visiting scholars and researchers
should demand increase.
RECORDS MANAGEMENT
The CCMSH meets all CFCP requirements regarding Records Management. The only
substantive change at the Museum has been the adoption of a PastPerfect Collections
management in place of the older Re:Discovery database. Staff report that the system has
improved their ability to internally manage the collection, and they look forward to using the
software to eventually enhance the online accessibility of the collection.
COLLECTIONS CARE
CCMSH meets all CFCP requirements regarding Collections Care.
When certified in 2005,HIT artifacts, as well as the La Belle shipwreck collections,were
maintained in a separate space on the first floor of the building. Since 2010, all HIT and
archaeology collections have been moved to the second floor main collections room where they
have been placed on newer shelving and repackaged in improved housing. At the same time,
with help from the THC,the La Belle collection was also transferred upstairs into new, high
quality locked cabinetry, vastly improving the overall care and appearance of the collection.
Though the previous space was adequate,the new space has also been refitted with an
improved HVAC system that ensures a more stable climate. Compared to the ground floor
location,the second floor storage area provides better protection from potential natural
disasters such as flooding, which are of some consideration given the site of the museum on the
bay front. Additionally,the security system and access control is better for the main collection
than it was for the previous location,and the new location provides better adjacent facilities for
collections research.
4
RECOMMENDATION TO THE THC
The recommendation is based on the findings summarized in this Written Narrative Report and
constitutes the CFCP Coordinator's recommendation to award or deny re-certification or award
provisional status.
The Corpus Christi Museum of Science and History has no disabling or deficiency factors.
Based on the reasons outlined in this document,the CCMSH has demonstrated that it continues
to meet the stated requirements to be a certified curatorial facility. It is the recommendation of
the CFCP Coordinator that CCMSH be re-certified to accept and maintain state-associated
Held-In-Trust collections for another 10 year period.
a /0/2/LO I
'i mature • ' •CP •,ordinator Date
5
EXHIBIT D
DI PARTMI NT OETIIeINTIRIOR
U.S.FISH AND WILDLIFE SERVICE
Migratory Bird Permit Office u 1 BC r66 sanrinr
P.O.Box 709-Albuquerque,NM 8]1(13
Tel:505-248-7882 Fax'. 505-248-7885
lu Email:pemutsR2MB<t1ws.gov
,may FEDERAL FISH AND WILDLIFE PERMIT IRI OCIRPRI
SO dFRPKNS I]
PuMITTI 50 CPR 22.21
CORPUS CHRISTI MUSIiUM 01:SCIENCE AND IIISTORY
1900 N-CIIAPARRAI-
CORM 1S( 111(15 II.I X 78401
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CAROL RI fITMB'I li UI AD 1 AGI f EXHIBITION
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TEXAS
1900 N.CHAPARRAL
NUECES COUNTY
CORPUS CHRISTI TX
(FI NFRAI NSLI 01 SI IFIR1RI D OF s0(FR IF ANDMI(11P CONDI DONS(ON IMINLD Fl DI RAI RI(A ATIONS MID IN KIRA.0,AE1011- ARE III RE III
DINP ns URPOSEs NODI
PrRNns 1 inrOOP Fri 1AIII‘Coee wirii APP.c CONDITIONS Cc oarTI.
ip NA OFe Apouarn INFoRmsnoN Aso N.non
B IIIL 111-IDE I(01 IIIIS PI r!RAINMco\ornom u LION N ERIC I OBSIRVANC L OI All Aro VAUD oar ICS mil tor AE Dom_OR 01111 x f R_M
'AHD FOR INF nr P1.aw11Ex NAM nAIOvn
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 05 FWS 7/16/1.971
1 Golden Eagle,egg on loan Am Mus Nat Hist 0970
1 Golden Eagle,study skin 11973
2 Bald Eagle,egg Forbes Nat.Sc for Youth Fndn 6/17/1975
2 Eagle,wings 'donated by Charles Moss 6/3/1980
1 Bald Eagle,egg Forbes Nat.so.for Youth Fndn 111/19/1969
1 Bald Egle,egg Forbes Nt Sci for Youth Fndn 6/17/1975
E. You must obtain prior written approval from your migratory bird permit issuing office before acquiring,transferring,or disposing of any eagle. See
standard condition 5 for instructions.
F. 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.
G. You and any subpermittees must comply with the attached Standard Conditions for Dead Eagle Exhibition Permits. These standard conditions are a
continuation of your permit conditions and must remain with your permit.
N n 1 oN, ONDIFIONSmonmuORrznuONS,
2 RI-FORTINO Iu:puiananiti
ANNUAL REPORT DUE:01'3 I
You must submit an annual report to your Regional Migratory Bird Pemit Office
each year. Form: www.fws.gov/fomis/3-202-I3.pdf.
ISSUE E 1/511EL /I RA HUNTkADIM1RINISI R A FOR.MIORA IOItY 133RD PI RMI OFIICE-RE GION1 01/I302016
TEXAS
PARKS & January 10,2017
WILDLIFE
Gene Peacock
Corpus Christi Museum of Science and History
1900 N.Chaparral
Corpus Christi,TX 78401
Dear Mr.Peacock:
Enclosed is your new Educational Display Permit No.EDU-0117-008. Please review your
permit for accuracy and make note of any restrictions. If additional authority is needed,you
should request a permit amendment.
Although the permit does not have to be renewed each year,annual reports are required for
the permit to remain valid. Please note that all mortalities, retained and discarded,must be
documented and reported on annual reports. Your first annual report will be due on
January 10. 2018. The report form is also available online:
http://tpwd.texas.gov/business/permits/land/w i ldlife/educational/.
Furthermore, it is necessary for you to carry this permit when conducting authorized
activities. Sub-permittees may carry a copy in lieu of the original permit. It is also
advisable to carry some additional corroborative identification such as a driver's license.
Please be sure to notify the Texas Parks and Wildlife Department Law Enforcement
Office(s)in the region(s)of your field activities by telephone not less than 24 hours nor
more than 72 hours prior to collection if collection techniques or devices being used are
ordinarily classified as illegal(i.e.using gill nets or electro-shocking devices to collect fish,
hunting/collecting along public roads and rights-of-way). A confirmed response from the
local game warden is required prior to collection if the sampling activities being
conducted involve methods of capture ordinarily classified as illegal. To determine
appropriate regional office location and/or telephone number, please see
http://www.tpwd.state.tx.us/warden/connect/offices. 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-(281)842-
8100.
In addition, please be advised that collecting in a wildlife management area is not
authorized without prior written permission from the area manager.
Please note that you will be required to obtain/hold a U.S. Fish & Wildlife Service federal
permit for collection and/or handling of federally protected wildlife, including banding,
possession, and/or salvage of migratory birds. Should you have any questions or require
further assistance,please contact me via email,as it is the best way of communicating with
me.
Sincerely,
(114 DA—
Christopher Maldonado
Wildlife Permits Specialist
EDUCATIONAL DISPLAY PERMIT NUMBER EDU-0117-008
IS HEREBY ISSUED TO:
Gene Peacock
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 all of the
following provisions:
I. 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 agreement that the holder will comply
with all Rules, Regulations, Orders and Proclamations of the Texas Parks and Wildlife Commission
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 Code,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.
-Issued by:
1FX
:•1-?ire
January 10,2017 .�S Effective date Chris Maldonado
Wildlife Permits Specialist
6. This permit will expire at midnight,January 10,2020.
----
7. The following individuals may conduct the activities authorized by this permit under the guidance of
the pennittee:
SUBPERMITTEES: Adrien Hilmy,Dillon Reyes,John Ellis,Jonathan Garza,Madeleine Fontenot,
Sarah Coles,Savannah Olkowski,Sophia Cathcart
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 unpermitted
persons assisting in permitted activities.(Individuals under the direct on-site supervision of permit
holder).
Page 1 of 4
Peacock,Gene Expires 01/10/2020 Educational Display Permit No.EDU-0117-008
8. The following wildlife species in the specified quantities are authorized by this permit to be:
a. This permit authorizes the possession of species native to Texas by donation/transfer from
authorized permit holders or other legal sources and held for educational purposes. * In
accordance with TPWD facility standards set forth in §69.305 or Wildlife in Education — A
Guide for the Care and Use of Program Animals by N WRA.
Common Name Scientific Name Quantity
Texas tortoise Gopherus berlandieri NTE I
*In accordance with specifications listed on a valid federal permit, if applicable.
9. The following means for taking or capture are authorized by this permit:
a. Donations - Authorized permit holders for donations include wildlife rehabilitators,
zoological, scientific research, and educational display permit holders. In addition,TPWD
Game Wardens or licensed hunters would be considered legal sources. The Receipt for
Donation form or a Wildlife Resource Document should be used to support a legal source.
10. The following locations for taking or capture are authorized by this permit:
a. NO LIVE TAKE DIRECTLY FROM THE WILD AUTHORIZED
l 1. Permittee is authorized to lend mounted or salvaged protected wildlife specimens held by authority 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 submitted with the annual report.
12. All specimens taken or salvaged shall be deposited with an appropriate collection or otherwise
disposed of in accordance with paragraph 13d of this permit.
13. PERMIT HOLDER IS REQUIRED TO:
a. File a completed report form annually (provided on 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 Diversity 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 Texas Parks and Wildlife Department Law Enforcement Office(s) in the region(s)
of your field activities by telephone not less than 24 hours nor more than 72 hours prior to
collection if collection techniques or devices being used are ordinarily classified as illegal(e.g. using
gill nets or electro-shocking devices to collect fish, hunting/collecting along public roads and rights-
of-way). A confirmed response from the local game warden is required prior to collection if the
sampling activities being conducted involve methods of capture ordinarily classified as illegal.
To determine appropriate regional office location and/or telephone number, please see
http://www.tpwd.state.tx.us/warden/connect/offices. 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-(281)842-8100.
d. Dispose of protected wildlife taken under the authority of this permit in only one of the following
ways:
Page 2 of 4
Peacock,Gene Expires 01/10/2020 Educational Display Permit No.EDU-0117-008
(I). 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 scientific or 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 must be submitted with the annual report.
(3). Donate edible portions of game species to charitable organizations, public hospitals,
orphanages or indigent persons. Arrangements for donations are the responsibility of the
permit holder.
14. 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 stale park without a separate permit from the Texas Parks and Wildlife Department
Natural Resource Program: email:david.riskind¢tpwd.tcxas.kov.
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 8 of this permit.
15. 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 permittee if working
independently.
h.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. For information on the federal permit contact: U.S. Fish and Wildlife Service,PO
Box 709,Albuquerque,NM 87103-0709.
16. PERMIT HOLDER'S ADDRESS FOR RECORDKEEPING PURPOSES:
Gene Peacock
Corpus Christi Museum of Science and History
1900 N.Chaparral
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.
Page 3 of 4
Peacock,Gene Expires 01/10/2020 Educational Display Permit No.EDU-0117-008
(b)The minimum cage sizes for mammals and reptiles shall be as follows.An enclosure for mammals shall
add 30%of the minimum cage requirement for each additional mammal contained in the enclosure.For each:
(I)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
(I I)all other mammals--24 square feet.
(c)The minimum cage sizes for alligators shall be as follows. For each alligator:
(I)the length and width of the cage shall be at least as long as the length of the largest alligator in the
cage;and
(2)for each additional alligator,an additional three square feet of enclosure space per foot of body
length;and
(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,screech owls,and kestrels)--10 feet x 10 feet x 12 feet;
(2)eagles--20 feet x 40 feet x 12 feet;and
(3)all other birds, including screech owls and kestrels--6 feet x 6 feet x 12 feet.
(e)Enclosures must be constructed in such a manner that prevents escape. Enclosures housing birds must be
lined with nylon or plastic netting.
(1)A facility shall ensure that:
(I)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 4 of 4
Page 1 of 1
fF24,1 SPECIAL PURPOSE POSSESSION
DEAD MIGRATORY BIRDS FOR EDUCATIONAL USE
Permit Number: MB11266A-1
Effective: 06/22/2017 Expires: 03/31/2019
Issuing Office: _
Department of the Interior
U.S.FISH AND WILDLIFE SERVICE
Migratory Bird Permit Office
PO.Box 709
Albuquerque.NM 87103
Tel:505-248-7882 Fax:505-248-7885
Email:permitsR2MB@Ms.gov
ADMINISTRATOR.MIGRATORY BIRD PERMIT OFFICE-REGION 2
Permittee: ------
CORPUS CHRISTI MUSEUM
1900 N. CHAPARRAL
CORPUS CHRISTI,TX 78401
U.S.A.
Name and Title of Principal Officer:
GENE PEACOCK-EXECUTIVE DIRECTOR OF CCMSH
Authority:Statutes and Regulations: 18 USC 703-712;50 CFR Part 13,50 CFR 21.27.
Location where authorized activity may be conducted:
1900 N.CHAPARRAL
NUECES COUNTY; CORPUS CHRISTI TX
Reporting requirements:
ANNUAL REPORT DUE: 01/31
For Special Purpose Possession Annual Report see: http://www.fws.gov/forms/3-202-5.pdf
Conditions and Authorizations:
A. General conditions set out subpart D of 50 CFR 13,and specific conditions contained in Federal regulations cited 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 is 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,tribal,or other federal law.
C. 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 parts,nests,and
nonviable eggs. This authorization to possess migratory birds does not apply to bald eagles or golden eagles.
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.
F. You and any subpermittees must comply with the attached Standard Conditions for Special Purpose Possession Dead Migratory Bird Educational Use
Permits. These standard conditions are a continuation of your permit conditions and must remain with your permit.
G. If applicable,prior to any permit activity,a current State permit must accompany the Federal permit Please submit within 30 days,a copy of the State
permit to permitsr2mb@fws.gov.
b
Standard Conditions
Special Purpose Possession
Dead Migratory Bird Educational Use Permits
50 CFR 21.27
All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR part 21.27 are
conditions of your permit. Failure to comply with the conditions of your permit could be cause for suspension of
the permit. The standard conditions below are a continuation of your permit conditions and must remain with your
permit.If you have any questions regarding these conditions,refer to the regulations or,if necessary,contact your
migratory bird permit issuing office. For copies of the regulations and forms,or to obtain contact information for
your issuing office,visit:http://www.fws.govhnigratorybirds/mboermits.hhnl.
I. The intent of this permit is wildlife conservation education. Your educational programs must include
information about migratory bird ecology,biology,and/or conservation.
2. You must present a minimum of 12 programs that are open to the public each year.
3. You may not display any migratory bird specimen(s)in any manner that implies personal use. You may not use
any migratory bird specimens to promote or endorse any product,merchandise,goods,services,business or
organization except your own educational activities.
4. Whenever you exhibit any specimens,you must include either a written or verbal statement that your
possession and exhibition of the migratory bird specimen(s)is by permission of the U.S.Fish and Wildlife
Service.
5. You must obtain prior written approval from the migratory bird permit issuing office before you acquire,
transfer,or dispose of any migratory bird specimen(s).
6. Any migratory bird carcass you send to a taxidermist must be returned to you.
7. A subpermittee is an individual to whom you have provided written authorization to conduct some or all of the
permitted activities in your absence. Subpermittees must be at least 18 years of age. As the permittee,you are
legally responsible for ensuring that your subpermittees are adequately trained and adhere to the terms of your
permit. You are responsible for maintaining current records of who you have designated as a subpermittee,
including copies of designation letters you have provided. Other individuals,including those under the age of
18,may conduct the permitted activities only if you or a designated subpermittee are present.
8. You and any subpermittees must carry a legible copy of this permit and display it upon request when exercising
its authority. Subpermittees must also carry your written subpermittee designation letter.
9. Any migratory bird specimen(s)held under this permit remain in the stewardship of the U.S.Fish and Wildlife
Service and may be relocated at any time for just cause.
10. You must maintain records as required in 50 CFR 13.46 and 50 CFR 21.27.All records relating to the
permitted activities must be kept at the location indicated in writing by you to the migratory bird permit issuing
office.
11. Acceptance of this permit authorizes the U.S.Fish and Wildlife Service to inspect any wildlife held,and to audit or
copy any permits,books,or records required to be kept by the permit and governing regulations.
12 You may not conduct the activities authorized by this permit if doing so would violate the laws of the applicable State,
county,municipal or tribal government or any other applicable law. (SPPSD- 12/3/2011)
EXHIBIT E
Collection Management Policy
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.
I. 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)
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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, ill-advised,or improper.
The Librarian is responsible for supervising all aspects of collection care for the library,archival,
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and photographic collections. He/She is also responsible for managing the acquisition and accession
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
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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
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—Will 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)
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must be made publicly available. Unaccessioned specimens maybe used in educational programs. These
are stored in more accessible areas and are considered expendable.
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 maybe 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
I. 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 Donas 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 life 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
5
display at public venues that are not museums.
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.
L. 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.
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DESTRUCTIVE ANALYSIS
Destructive analysis is defined as an activity that alters the appearance or condition of an object.
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 MICA 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 jounal in a timely manner.
6)The Museum Director and the owner of the object approve the analysis(if it is pad 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 deaeeessioned.
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
7
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.
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.
IL 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
B
collection,and guidelines as outlined in this policy. An object may be deaccessioned for the following
reasons:
I. 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 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.
R&e osited 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,
9
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
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:
I. 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.
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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.
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 pennanently in a secure storage room.
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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
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 tenn 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.
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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 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,
13
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 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 loan 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.
I)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.
14
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 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.
15
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 beat
the Borrower's expense.
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 harmful 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 loan in order to
ensure accuracy and consistency in interpretation. Any changes to the text must be approved in writing
prior to exhibition.
16
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.
20)This loan 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.
17
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 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 departments 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:
(I)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
18
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.
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.
19
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 limitations;
• acquisition,disposal and loan activities conform to the Museum's mission and public trust
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:
e. _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.
•
20
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 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 maybe 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 mayor may not work in the museum's favor.
B. 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 Obiects
One of the most common problems of title has to do with objects improperly removed from the
21
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.
"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 Manaeement 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
Table of Contents
Purpose of the Museum 1
Collection Purpose and Responsibility 2
Acquisitions 3
Collection Description 4
Destructive Analysis 7
Deaccessions 7
Loans 12
Museum Ethics Policy 18
Museum Clear Title Guidelines 21
Appendixes:
Bibliography 23
Attachments:
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
EXHIBIT F
Museum Deaccesslon Process
Member of Committee
submits Deacceasen and
Deposal Record Form to •• Director approve
Z Cc action Manger proposed&accession
d disposal method?
Y«or No
No
Collections
tornI.ws
Manager. reviews
tont inns
proposed
Leet,d«Ys d c esion Does Gown*** Y«
! based on the recommend
S restnctlons. Mureemi -
I deacasslon and
legal issue, method?
ethical cpurpos•,
s
3 con.* op•el the
collection,and
Policy
Deamesbn proposal
preserved to Museum Do« Collection 1
Advisory Committee by Advisory yet dea«•ssmned J
ii}i Director Committee
approve?
•
Deamsslanpropesal
r•sCity Manager or
reviewed
eiewedbyceY Mai*.« dug*.approve
No -•CCopecbon Kept
Technical Appeal Process
I \
CCMJV proposes Does Director believe
Event/Action
> Event/Action that
conflicts with Event/Action
2 affects exhibits or ----------- Museums mission or --- No - commences
v collections. operations?
\ / Y s
f 1
Y9s
Does City Manage 1
> Event/Action proposal or designee Event/Action
v reviewed by City Manager -- approve -----No---..-_- does not
or designee Event/Action? commence
I
EXHIBIT G
MUSEUM ADMISSION FEES
Corpus Christi Museum of Science and History
Admission Fee Policy
Fee Schedule:
Adults (ages 13 and over) $10.95
Senior Citizens $7.95
Military(with ID $7.95
Children (ages 3—12) $8.95
Children (age 2 and under Free
Hours of Operation
Tuesday—Saturday 10 am-5 pm
Sunday 12 pm-5 pm
Monday Closed
Open Mondays 10 am—5 pm in March and between Memorial Day and Labor Day
The museum offers 3—4 Dollar Days throughout the year
Unaccompanied Children are not admitted
Visitors under at 18 must be accompanied by an adult. At least one adult chaperone is required
for every 10 children.
Museum observes the following holidays
Easter Sunday
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Corpus Christi Museum of Science and History
Membership Fee Policy
1 Year Membership Type
Single Membership $39.95
Membership +One $74.95
Family Membership (up to 4 people) $139.95
Additional persons can be added to a membership for$39.95 per person
Membership includes the following benefits:
• Free admission to the Museum for one year on normal operating days (free or
discounted admission to select special events).
• 2 complimentary guest passes
• Receive the Museum's monthly events email
• 10%discount off birthday parties and camps
• 10%discount off Gift Shop purchases
• Exclusive Doc McGregor wall calendar
• Exclusive Museum vehicle decal
• Invitation to special events
EXHIBIT H
GOVERNANCE
Re.i;e::3 g IS Corpus Christi Museum of Science and History
ICCMJV City Manager
Friends of the Museum I Advisory Board I
Accounting,HR Executive Director
Marketing/Business
Development _ Operations Administration
TBO General Manager Office Manager Collections Manager/Registrar
Front Desk Graphics Exhibits Maintenance
Front of House Assistant
Assistant Coordinator Camp&Events Program Maintenance Engineer Manager/Weekend Graphics/PR/Web Design Event Organizer Exhibit Manager
Family/School Programs Organizer iacivtie;Manager
Manager
PT Education Staff I10 12 Seaunal Cam.,Director FT Cashier Events/Registrar Collections Technican Facilities.Engineer
positions)
Future Theater
111=1111-1=— PT Cashier PT Actors Photo Lab Technician Facilities Technician
Future Concessions
PT Cashier Concesac n Worker Interns&Volunteers Custodian
Custodian
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EXHIBIT I
EXHIBIT 1
FACILITY USE POLICY
Corpus Christi Museum of Science and History
Room Rental Rates
Dome Room Package 1—Ceremony ONLY
Dome Room seating up to 95 guests
Includes:
$850 for 2 hours
$350 per additional hour
Renters insurance
Bridal Suite for 2 hours prior to event
Chairs set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food &beverage fees.
Dome Room Package 2—Reception Only
Dome Room seating up to 72 guests
Includes:
$850 for 2 hours
$350 per additional hour
Renters insurance
Table &Chairs set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food &beverage fees.
Kenedy Package
Kenedy Gallery seating up to 100 guests
Includes:
$950 for 2 hours
$400 per additional hour
Renters insurance
Table &Chair set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food & beverage fees.
Front Porch Stage Package 1
Front Porch Stage + Kenedy Gallery seating for up to 100 guests
Includes:
$1,150 for 2 hours
$500 per additional hour
Renters insurance
Tables& Chairs set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food & beverage fees.
Front Porch Stage Package 2
Front Porch Stage + Kenedy seating for up to 200 guests
Includes:
$1,350 for 2 hours
$600 per additional hour
Renters insurance
Table &Chairs set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food & beverage fees.
North Wing Package 1
Dome Room + Front Porch Stage +Kenedy seating for up to 100 guests
Includes:
$1,550 for 2 hours
$700 per additional hour
Renters insurance
Table and Chairs set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food &beverage fees.
North Wing Package 2
Dome Room + Front Porch Stage+ Kenedy seating for up to 200 guests
Includes:
$1,750 for 2 hours
$800 per additional hour
Renters insurance
Table &Chairs set up and takedown
*Additional fee applied to events where alcohol is served.
*Cost does not include food &beverage fees.
1. Each rental time period includes 1 free hour of set up and 1 free hour of breakdown.
Additional set up hours may be purchased.
2. Rentals on the museum exhibit floor may start as early as 5pm. No rentals in museum
galleries during operating hours. Exceptions apply for set upon Plaza.
3. Extended Hours Fee: Hourly Rate of Location+$50.00(12:00am—8:00am OR per
hour after scheduled end of rental)
4. Bridal Suite included at no charge if renting the Museum for both Ceremony AND
Reception.
5. Rehearsal:4:00-5:OOpm on a regular operating day is FREE. No chair set up. If another
time slot is desired, regular rates apply.
Additional Add-ons:
$100.00 Transition Fee(Our crew will move tables/chairs during your event
$250.00 Bridal Suite
$25.00 Screen
$50.00 Projector
$25.00 Microphone(3 available)
*20% Discount for Non-Profits
Corpus Christi Museum of Science and History
Meeting Room Packages
Watergarden Room
Seating for up to 50 guests
Includes:
$300 for 2 hours
$125 per additional hour
$5 per additional guest
Tables&Chairs set up
Free 30 minute set up to decorate
Admission to Museum for guests
*Cost does not include food &beverage fees.
Lecture Hall
Seating for up to 50 guests MAX
Includes:
$250 for 2 hours
$100 per additional hour
Tables&Chairs set up
Free 30 minute set up to decorate
Admission to Museum for guests
*Cost does not include food & beverage fees.
Conference Room
Seating for up to 12 guests
Includes:
$75/hr.
$5 per additional guest
Free 30 minute set up to decorate
Admission to Museum for guests
*Cost does not include food &beverage fees.
Corpus Christi Museum of Science and History
Birthday Party Packages and Policy
Basic Party Package(Level 11
Cost:
$275 for up to 20 people,
Children under age 2 are free & Birthday Child is free
$15 for each additional person
Members of Museum get 10%discount
Includes:
All day admission to the museum for all guests
2 hours use of the party room w/free entry& roam of museum (Museum hours only)
Family members allowed into the room 30 min. prior to decorate
(Host is encouraged to bring in cake, themed paper goods and decorations.) No helium
balloons please.
2 slices pizza/person. Capri Sun &water(20 of each). Museum will provide plates and cups
Buy one get one coupon on a return visit(expires 1 year from event date)
Time slots: (Tues-Sat: 11-1 or 2-4) (Sunday: 1-3 or 2-4)
Deluxe Party Package(Level 2)
Cost:
$500 for up to 30 people
Children under age 2 are free
Birthday Child and 1 Guardian are free
$15 for each additional person
Members of Museum get 10%discount
Includes:
All day admission to the museum for all guests
2 hours use of the party room w/free entry& roam of museum (Museum hours only)
Family members allowed into the room 30 min. prior to decorate
(Host is encouraged to bring in cake, themed paper goods and decorations.) No helium
balloons please.
Food &Drink: 2 slices of pizza/person
Capri Sun and bottled water(30 of each)
3 large bags of chips
Museum will provide plates and cups
Buy one get one coupon on a return visit(expires 1 year from event date)
Your choice of Craft,Science Experiment or Museum Tour(must have 2 weeks' notice).
Time slots: (Tues-Sat: 11-1 or 2-4) (Sunday: 1-3 or 2-4)
Value of$620—saves you$120
Ultimate Party Package (Level 31
Cost:
$700 for up to 40 people,
Children under age 2 are free
Birthday Child and 2 Guardians are free
$15 for each additional person
Members of Museum get 10%discount
Includes:
All day admission to the museum for all guests
2 hours use of the party room w/free entry& roam of museum (Museum hours only)
Family members allowed into the room 30 min. prior to decorate
(Host is encouraged to bring in cake, themed paper goods and decorations.) No helium
balloons please.
Food & Drink: 2 slices of pizza/person.
Capri Sun, Bottled Water(40 of each)
(2) 12-pack cases of soda
5 large bags of chips
Museum will provide plates and cups
One Free 6 inch Pucker Powder voucher for each guest (40).
Buy one get one coupon on a return visit(expires 1 year from event date)
-- ---- Your choice of two (2) Crafts,Science Experiments or Museum Tour(must have 2 weeks'
notice).
Customizable Invitations with Museum logo and party details(50).
Time slots: (Tues-Sat: 11-1 or 2-4) (Sunday: 1-3 or 2-4)
Value of$975—saves you $175
Additions:
• Party Favors—make your own 6" Pucker Powder: $2 each
• Large 1 topping pizza: $10 (requires 24 hr. notice)
• Upgrade to the Watergarden Room: $100
• Extra hour use of Party Room: $100
• Customizable Invitations with Museum logo: $15 for 25 invites
• Fact hunt:$15 (for 25 ppl)
(The scavenger hunt is ten multiple choice questions that lead the players to all
corners of the Museum.This includes one paper& pencil per child, answer sheet with
clues for adults,and a prize for each participant)
• Science Experiments(30 min.): $50(more than 30 students, $75)
o Theme options on next page
The Museum has a Menu where you may select party trays,drinks,and more!
Science Experiments:
Oobleck/Slime
Get your hands a bit messy with our non-Newtonian slime. Learn about sheer force and
impact with this funky liquid.
Van de Graff
Allow our educators to guide you through a truly hair raising experience! Get a private
showing of the van de Graff generator and how it harnesses the power of static
electricity.
Weather
Harness a bit of nature by making a cloud in a bottle. This simple demonstration uses a
bicycle pump and a bit of rubbing alcohol to recreate the conditions found at the top of
the Earth's atmosphere.
Making catapults
With just a few supplies and a bit of know-how, create an ancient siege weapon to take
home!
Chemistry
Join our educators in creating an endothermic reaction in a balloon. This reaction is safe
to perform,and lets children feel the science happening.
Dinosaur plane
Learn about the mighty pteranodon and then make a small one. This fun and simple craft
can even fly!
EXHIBIT K
FACILITY MAINTENANCE
Item Responsible
Party
Structure: includes foundation,walls, roof,windows (regular& storm), storm
shutters,doors,flooring,ceilings, &fixtures City
Building Systems: includes Electrical (parts&labor), HVAC, Plumbing, Elevator
(maintenance &certification), Fire Alarm (parts& labor) and Security Alarm
(parts& labor) City
Building Fixtures: all quarterly and annual preventative maintenance on HVAC
system, replacing interior and exterior light fixtures/ballasts, major toilet or
sink repair, gate system major repairs including electrical boxes,door repair,
fence repairs or replacement, Fire Sprinkler System preventative City
maintenance, repair and licensing, all boiler preventative maintenance and
repairs, playground equipment repairs or replacement
Building Fixtures: air filters, light bulbs, simple toilet repair,
Simple sink repair, strip and wax floors, shampoo carpets, maintain wall
dividers in restrooms, door knobs,ceiling tiles,gate system minor* repairs,
monitor boiler for leaks, minor* exhibit repair, exterior pressure washing of CCMJV
sidewalks and plaza, minor* interior paint touchup, annual fire extinguisher
inspection and upkeep.
Parking Lots,Sidewalks, Gates, &Signage City
Landscaping: includes flower beds,ground cover, shrubs&trees City
Electric Service (will be deducted from operation support payment) City
Fire Alarm System Service CCMJV
Security Alarm System Service CCMJV
Playground: maintain grounds&equipment CCMJV
Janitorial: includes supplies and services for cleaning facility and exhibits CCMJV
Pest Control Service CCMJV
Dumpster Rental CCMJV
Radios CCMJV
*Minor shall mean repair and/or service less than $500.