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THIS Service Agreement for Management of Corpus Christi Museum of Science and
History("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Friends of the Museum of Science and History, a Texas
nonprofit corporation ("Contractor"), effective upon execution by the City Manager or the City
Manager's designee("City Manager") and approval by City Council.
WHEREAS, Contractor has bid to provide Management Services for the Corpus Christi
Museum of Science and History in response to Request for Proposal No. 1703 ("RFP"), which
RFP includes the required scope of work and all specifications and which RFP and the Contractor's
proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1, 2,
and 3 respectively, as if each were fully set out here in its entirety;
WHEREAS, the City, acting through its duly authorized City Manager ("City Manager"),
currently owns the Corpus Christi Museum of Science and History located at 1900 N. Chaparral
Street (the "Museum"), together with all facilities, machinery, attachments, appurtenance,
collections, artifacts, and exhibits, located in the City of Corpus Christi; and
WHEREAS, 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, City and Contractor agree as follows:
1. Scope. Contractor will provide Management Services for the Museum ("Services") in
accordance with the attached Scope of Work,as shown in Attachment A,the content of which
is incorporated by reference into this Agreement as if fully set out here in its entirety, and in
accordance with Exhibits 2 and 3. Services will include management of the Museum.
2. Grant of Authority. To enable Contractor to perform its obligations under this Agreement,
the City hereby grants to Contractor, and Contractor 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.
3. No Sale of Property. Contractor shall have no authority to sell or otherwise alienate any
portion of the Facility or any equipment therein. Contractor shall notify the City of any
property deemed surplus and follow City instructions regarding the property's disposal.
2018-420
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M2018-151 of Corpus Christi Museum of Science and History
Friends of the Museum of Science
SCANNED
4. No Capital Improvements. The Contractor shall have no authority to make any alterations
or any capital improvements to the Facility without the prior written consent of the City
Manager. Should Contractor be responsible for any public works projects at the Facility,
Contractor shall require payment bonds for any projects over $50,000 and performance
bonds for any projects over$100,000. Any required bonds shall require City approval. Any
contracts for construction of public works at the Facility must comply with Chapter 2258 of
the Texas Government Code, or its successor, as amended.
5. Purchasing Procedures. The Contractor shall have the authority and discretion as to the
purchase of all equipment, materials, supplies, and inventories reasonably required by it but
shall endeavor to make all such purchases at the best price available, considering the
quantities required and the quality desired.In doing so,Contractor must comply with prudent
purchasing practices.
(A) The Contractor may purchase or procure services from Affiliates of the Contractor,
provided that the prices charged and the services provided are competitive with those
obtainable from unrelated parties rendering comparable services. Contractor shall, at the
City's request, provide reasonable evidence establishing the competitive nature of such
prices and services. Prior to engaging any of its Affiliates, Contractor shall notify the City,
and the City may require the Contractor to obtain at least two other competitive bids for
unrelated parties to ensure that such services are being provided on competitive terms.
(B) Contractor Municipality Status. To the extent allowable under federal, state, and
local law, City agrees to allow Contractor 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.
6. Term. This Agreement begins on October 1,2018 and expires on September 30,2023 unless
extended or terminated sooner pursuant to the terms of this Agreement.
7. Ending Transition. Contractor agrees that, when this Agreement expires or is otherwise
terminated, Contractor will participate in a 30-day transition period with the City or any
replacement contractor for the last 30 days during which Contractor is managing the Facility.
During that time, Contractor will continue to manage the Facility and plan events, but will
allow the City or the replacement contractor to observe, participate, and ask questions
regarding the management of the Facility and any upcoming events which the City or the
replacement contractor will manage following the termination of this Agreement.
8. Base Compensation and Payment. The City will pay contractor, in two installments, an
annual management fee of$500,000 for the first fiscal year and at decreasing amounts on
the following fiscal years as shown on the Attachment B Pricing Schedule Payments will
be made on October 1 and January 1 of each fiscal year.
9. Incentive Fee. In addition to the Base Compensation, Contractor shall be paid an incentive
fee in the amount of revenues derived from the Museum. If base compensation is insufficient
to maintain and operate the museum, Contractor shall supplement those funds from revenue
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Service Agreement for Management of Corpus Christi Museum of Science and History
derived from the Museum and other sources in order to provide proper maintenance and
operation of the Museum.
10. New Facilities Operating and Maintenance Costs. As Contractor funds and builds new
exhibits and support and visitor facilities,the corresponding increases in operating,program,
and maintenance costs will be the responsibility of Contractor,with the City being the owner
of such new exhibits and support or visitor facilities.
11. Fiscal Matters
(A) Miscellaneous Fees and Prices. Excluding Admission Fees, Contractor 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.
(B) Franchises or Concessions. Contractor 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.
(C) Solicitation of Private and Public Funding. Contractor shall assist any non-profit
organization to benefit the Museum. Contractor shall (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.
(D) Grant Funding. The City shall allow Contractor to apply for grants in the City's
name for which Contractor 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 Contractor 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.
12. Access to the Museum.
(A) The City and their duly authorized agents shall have access to the Museum 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.
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Service Agreement for Management of Corpus Christi Museum of Science and History
(B) Subject to availability, the City Manager shall have the right to use the Facility or
any part thereof rent-free for meetings, seminars, training classes or other non-commercial
uses. Such non-commercial use of the Facility by the City shall
i. not compete with or conflict with the dates previously booked by Contractor for
paying events;
ii. not consist of normally touring attractions (such as traveling exhibits); and
iii. be booked in advance upon reasonable notice to Contractor pursuant to the
Facility's Policies and Guidelines as approved or modified by the City. Upon
request of the City, Contractor shall provide to the City a list of available dates
for City's use of the Facility. To the extent that Contractor has an opportunity
to book a revenue-producing event on a date which is otherwise reserved for
use by the City, Contractor may propose alternative dates for the City's event,
and the City shall use commercially reasonable efforts to reschedule its event
to allow Operator to book the revenue-producing event.
(C) Subject to availability of unsold advertising space, the City may post
advertisements at the Facility and in materials distributed at the Facility at no cost to the City.
The City shall reimburse the Contractor for any production costs if applicable.
13. Insurance.Before performance can begin under this Agreement,the Contractor must deliver
a certificate of insurance("COI"), as proof of the required insurance coverages,to the City's
Risk Manager and the Contract Administrator. Additionally,the COI must state that the City
will be given at least 30 days' advance written notice of cancellation, material change in
coverage, or intent not to renew any of the policies. The City of Corpus Christi must be
named as additional insureds. The City Attorney must be given copies of all insurance
policies within 10 days of the City Manager's written request. Insurance requirements are as
stated in Attachment C,the content of which is incorporated by reference into this Agreement
as if fully set out here in its entirety.
14. Contract Administrator. The Contract Administrator designated by the City is responsible
for approval of all phases of performance and operations under this Agreement, including
authorizations for payment. The City's Contract Administrator for this Agreement is as
follows:
Esther Velazquez
City Manager's Office
361-826-3093
EstherV@cctexas.com
15. Inspection and Acceptance. Contractor agrees to use best efforts to repair any Services that
are provided that are not in accordance with the terms of this Agreement. Contractor agrees
to maintain the Facility and all of its equipment and fixtures in their current condition as of
the date of this Agreement except for normal wear and tear. During the term of this
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Service Agreement for Management of Corpus Christi Museum of Science and History
Agreement and any Option Periods,Contractor agrees to replace any broken equipment with
equipment of comparable quality.
16. Financial Records. Contractor 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 be retained by Contractor for four(4)years after the termination date of this agreement
and made available to the City upon request.
17. Financial Statements. At the City's request, Contractor shall provide the City with the
opportunity to review certain financial statements of Contractor. In connection with such
financial statement review, Contractor shall represent and warrant to the City that (i) such
Financial Statements were prepared in accordance with generally accepted accounting
principles consistently applied and are true and correct in all material respects and present
fairly the Contractor's financial position as of the date thereof; and that (ii) to the best of
Contractor's knowledge there has been no material adverse change in Contractor's financial
position from that reflected in the Financial Statements.
18. City Audit Participation. If requested by the City, Contractor 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, and City funds received by Contractor
during the current and preceding year.
19. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year
of the City, which fiscal year ends on September 30`h annually, is subject to appropriations
and budget approval specifically covering this Agreement as an expenditure in said budget,
and it is within the sole discretion of the City's City Council to determine whether or not to
fund this 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.
20. Independent Contractor. Contractor will perform the work required by this Agreement as
an independent contractor and will furnish such Services in its own manner and method,and
under no circumstances or conditions will any agent, servant or employee of the Contractor
be considered an employee or agent of the City.
21. Subcontractors. Contractor may use subcontractors in connection with the work performed
under this Agreement. In using subcontractors,the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were employees
of the Contractor. Before beginning any work, subcontractors must provide proof of
insurance that complies with Attachment C. The certificate of insurance must name the City
of Corpus Christi as additional insureds. All subcontracts must include the indemnification
provision found in Section 31 of this Agreement.
22. Contracts.
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Service Agreement for Management of Corpus Christi Museum of Science and History
(A) The Contractor shall have no authority, without the prior written consent of the
City, to enter into any contract for the provision of goods and services to the Facility at any
time beyond the date for the expiration of the term of this Agreement or any then-current
Option Period. Contractor shall have the right to enter into, execute, and deliver contracts
with users of the Facility which extend beyond or relate to dates falling after the expiration
of the term of this Agreement or any then-current Option Period, subject to the written
approval thereof by the City.
(B) All contracts entered into by Contractor requiring the consent of the City under this
Agreement shall contain an express provision acknowledging that the same is subject to the
City's approval. All contracts entered into by Contractor shall provide that the same are
assignable to the City and, notwithstanding any contrary provision hereof, upon termination
or expiration of this Agreement for any reason, Contractor shall assign to the City and the
City shall assume in writing, all then outstanding contracts affecting the Facility entered into
by Contractor in accordance with the authority granted Contractor hereunder; provided,
however, the City shall not be obligated to assume any contracts or agreements entered into
by Contractor in violation of this Agreement. Furthermore, notwithstanding the foregoing,
the City shall not assume and shall not have responsibility for any acts or omissions of
Contractor with regard to such contracts or agreements prior to the termination of this
Agreement except as a consequence to the City's failure to provide funds under this
Agreement.
(C) 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 Contractor and third parties. Contractor shall not interfere with non-
assignable existing leases, agreements, and arrangements known to Contractor 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 Contractor and
Contractor 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, Contractor 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 Contractor written notice of existing leases, agreements, and arrangements.
23. Naming Rights.
(A) 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".
(B) 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 Contractor may proceed with the donor
recognition. City may seek to establish a naming policy for Museum facilities which would
require Advisory Board adoption and City Manager's approval.
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Service Agreement for Management of Corpus Christi Museum of Science and History
24. Amendments This Agreement may be amended or modified only by written amendment
signed by both parties
25. Waiver. No waiver by either party of any breach of any term or condition of this Agreement
waives any subsequent breach of the same or any other term or condition of this Agreement.
26. Compliance with the Law. The Contractor shall comply with all applicable laws, rules,
regulations, and ordinances relating to the use and operation of the Facility and the
employment of its employees.The Contractor shall perform its obligations hereunder in good
faith and in conformity with the standard to which a good operator would operate in similar
circumstances. The Contractor shall require that all persons using the Facility or attending
events therein comply with all legal requirements of all governmental authorities having
jurisdiction.
27. Duty of Contractor. The Contractor shall owe to the City a duty to perform its obligations
under this Agreement and to conduct the management and operating of the Facility at all
times with integrity and good faith and in a manner which is in the best interests of the
Facility and the City and consistent with the terms of this Agreement, including any
guidelines or instructions in Attachment A.
28. Funding Limitations.The City recognizes and agrees that performance by Contractor of its
responsibilities under this Agreement is subject to the City's provision of funds to Contractor
as provided in Attachment A and is limited by the City's budget.
29. Taxes and Permits.
(A) The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other required taxes. Upon request, the City Manager shall be
provided proof of payment of any taxes related to this Agreement within 15 days of such
request.
(B) The Contractor must obtain all permits or licenses necessary for the management of the
Facility, including any permits or licenses related to the sale or distribution of alcoholic
beverages at the Facility. When necessary, the City will assist the Contractor in obtaining
such permits.
(C) Contractor 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 Contractor's use of the Museum that may be imposed upon
Contractor by law, all of which shall be paid when such sums become due and payable and
before delinquency. Contractor agrees not to allow or suffer a lien for any such taxes to be
imposed upon the Museum or upon any equipment or property located there without
promptly discharging such lien,provided that Contractor,if so desiring,may have reasonable
opportunity to contest the validity of it. If Contractor intends to contest or to fail to pay when
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Service Agreement for Management of Corpus Christi Museum of Science and History
due any tax or fee referred to in the preceding sentence, Contractor shall provide the City
with at least 30-days' notice of that intention before the tax is due, explaining its reasons.
(D) Contractor shall collect and remit all sales tax required by law. Contractor shall be
responsible for the payment of all sales tax collected. If Contractor intends to contest or to
fail to pay when due any tax or fee referred to in the preceding sentence, Contractor shall
provide the City with at least 30-days'notice of that intention before the tax is due,explaining
its reasons.
30. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or
certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered
or on the third day after postmark if sent by certified mail. Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Esther Velazquez
Assistant to the City Manager
1201 Leopard St. Corpus Christi,Texas 78401
361-826-3093
IF TO CONTRACTOR:
Friends of the Corpus Christi Museum of Science and History
Attn: President
Address: P.O. Box 4128, Corpus Christi,Texas 78459
Phone: 630-287-0900
31. Indemnification. Contractor ("Indemnitor") shall indemnify and
hold the City of Corpus Christi, its officers, agents, employees, and
representatives ("Indemnitees") harmless and defend the
Indemnitees from and against any and all liability, loss, claims,
demands, suits, and causes of action of any nature whatsoever on
account of personal injuries (including death and Workers'
Compensation claims), property loss or damage, or any other kind
of injury, loss, or damage, including all expenses of litigation, court
costs, attorney's fees, and expert witness fees which arise or are
claimed to arise out of or in connection with this Agreement or the
performance of this Agreement, regardless of whether the injuries,
death, or damages, are caused or are claimed to be caused by the
concurrent or contributory negligence of Indemnitees, but not if by
the sole negligence of Indemnitees unmixed with the fault of any
other person. Indemnitor must, at its own expense, investigate all
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Service Agreement for Management of Corpus Christi Museum of Science and History
claims and demands, attend to the settlement or other disposition of
such claims, defend all actions based thereon with counsel
satisfactory to the City Attorney, and pay all charges of attorneys
and all other costs and expenses of any kind arising from any said
liability, damage, loss, claims, demands, suits, or actions.
The indemnification obligations of the Indemnitor under this
section shall survive the expiration or earlier termination of this
Agreement. This indemnity specifically includes any claims brought
related to the sale or service of alcoholic beverages.
CITY DOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD
HARMLESS, CONTRACTOR UNDER ANY CIRCUMSTANCES.
32. Liability of the City. The City's obligations to Contractor 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.
33. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to perform
the work specified in this Agreement or for failure to keep any required insurance policies in
force during the entire term of this Agreement. The Contract Administrator must give the
Contractor written notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City Manager may terminate this
Agreement immediately thereafter. In such event, the City shall pay the Contractor all fees
and other sums due hereunder through and including the date of termination, otherwise such
termination by the City shall be without penalty or liability.
(B) The City Manager may terminate this Agreement for convenience upon 60 days'
advance written notice to the Contractor. In such event,the City shall pay the Contractor all
fees and other sums due hereunder through and including the date of termination, otherwise
such termination by the City shall be without penalty or liability.
(C) If the City elects to terminate funding for the operation and maintenance of the Facility,
the City shall have the right to terminate this Agreement upon written notice to Contractor,
such termination to be effective 60 days after such election to terminate. In such event, the
City shall pay the Contractor all fees and other sums due hereunder through and including
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Service Agreement for Management of Corpus Christi Museum of Science and History
the date of termination, otherwise such termination by the City shall be without penalty or
liability.
(D) If the City's annual budget or other budget process results in a reduction of the funds
available to be paid to Contractor hereunder, Contractor shall have the right to either accept
such reduced funding or to terminate this Agreement by written notice to the City within 60
days following Contractor's notice of the reduction in funding.
34. Facility Improvements and Alterations
(A)Facility Improvements and Alterations. Contractor 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 Contractor to or on the Museum must be approved by City Manager.
(B)Approved Facility Improvements and Alterations. Any alterations or facility
improvements made by Contractor to or on the Museum shall comply with any and all
applicable local, state, and federal laws, rules and regulations, and Contractor shall obtain
any required permits for such alterations and facility improvements.
(C)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 Museum during the Term shall be and remain the property of City and
shall not be removed by Contractor without approval of the City Manager.
(D)Contractor's Personal Property. All furniture, furnishings, and articles of movable
personal property installed in the Museum by or for the account of Contractor, without
expense to City, and which can be removed without structural or other material damage to
the Museum(all of which are in this Agreement called"Contractor's Property") shall be and
remain the property of Contractor and may be removed by it subject to the delinquent taxes.
At least ten(10) days prior to delinquency, Contractor shall pay all taxes levied or assessed
upon Contractor's Property and shall deliver satisfactory evidence of such payment to City.
35. Surrender of Improvements. Upon expiration or termination of this Agreement,
Contractor shall promptly surrender the Facility to the City, leaving to the City all
equipment, supplies, manuals,books, records, and inventories that are the property of the
City or that have been purchased from funds made available by the City, and Contractor
hereby quitclaims, transfers, sells, assigns, and conveys to the City, without recourse,
representation, or warranty, all right, title, and interest that Contractor may have to all
improvements made to the Facility and all equipment,materials, supplies, inventories and
all other property so purchased. All such items including equipment shall be returned in
their original condition less only normal wear and tear. Contractor agrees to execute any
and all documents necessary to evidence such transfer promptly upon request therefore by
the City. Contractor shall also deliver all documents,records, and other work product
generated by Contractor for the City during the term of this Agreement.
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36. Liens. Contractor shall keep the Museum and Personal Property free from any liens arising
out of any work performed,material furnished or obligations incurred by or for Contractor
and any other liens or encumbrances.
37. No Hazardous Materials. Contractor covenants and agrees that neither Contractor 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 Contractor 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.
38. Continuation of Performance. In the event of termination of this Agreement, Contractor,
at the City's option, shall continue to perform under the provisions of this Agreement for a
reasonable time, not to exceed six months, as determined by the parties to enable the City to
make arrangements for a successor as operator of the Facility.
39. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest
contained herein, is effective unless the City Manager first gives written consent to such
assignment. The performance of this Agreement by the Contractor is of the essence of this
Agreement, and the City Manager's right to withhold consent to such assignment is within
the sole discretion of the City Manager on any ground whatsoever.
40. Breach.
(A) Each of the following shall constitute breach under this Agreement:
i. Failure to pay when due any amount required to be paid under this Agreement, if
the failure continues for, in respect to any regularly scheduled payment due
hereunder, ten days after notice has been given to the breaching party, or in
respect to any payment due hereunder which is not a regularly scheduled
payment, 30 days after notice has been given to the breaching party.
ii. Failure to perform any other obligation under this Agreement (including
Contractor's failure to meet the standards of performance stated in Attachment
A),if the failure to perform is not cured within 30 days after notice has been given
to the breaching party,except that if the breach cannot reasonably be cured within
30 days, a breach shall not be deemed to have occurred if the breaching party
begins to cure the breach within the 30 day period and diligently and in good faith
continues to pursue the cure of the breach and actually cures the same within 60
days following such notice.
iii. Any representation or warranty of Contractor contained herein which shall be
knowingly false or misleading in any material respect as of the date made or
deemed to have been made.
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iv. The Contractor shall (A) admit in writing its inability to pay its debts as they
become due or (B) file a petition in bankruptcy or for the reorganization or for
the adoption of an arrangement under the Bankruptcy Code as now or in the future
amended, or file a pleading asking for such relief, or have or suffer to be filed an
involuntary petition in bankruptcy against it which is not contested and
discharged within 60 days,or(C)make an assignment for the benefit of creditors,
or(D)consent to an appointment of a trustee or receiver for all or a major portion
of its property, or (E) be finally adjudicated bankrupt or insolvent under any
federal or state law, or(F) suffer the entry of a court order, under any federal or
state law, appointing a receiver or trustee for all or a major part of its property or
ordering the winding up or liquidation of its affairs, or approving a petition filed
against it under the Bankruptcy Code, as now or in the future amended, which
order, if not consented to by it, shall not be vacated, denied, set aside or stayed
within 60 days after the date of its entry,or(G)suffer the entry of a final judgment
for the payment of money and the same shall not be discharged or a provision
made for its discharge within 30 days from the date of entry thereof or an appeal
or other appropriate proceeding for review thereof shall not be taken within said
period and a stay of execution pending such appeal shall not be obtained, or(H)
suffer a writ or warrant of attachment or any similar process to be issued by any
court against all or any substantial portion of its property and such writ or warrant
of attachment or similar process is not stayed or is not released within 45 days
after its entry or levy or after any stay is vacated or set aside, or (I) suffer the
placing of a judgment lien on its property and failure to cause such lien to be
released and discharged within 45 days from the date such lien took effect.
v. Contractor shall conceal, remove or permit to be concealed or removed, any part
of its property with the intent to hinder, delay, or defraud its creditors or shall
make any transfer of any of its property to or for the benefit of a creditor at a time
when other creditors similarly situated have not been paid; or suffer or permit
while insolvent any creditor to obtain a lien upon its property through legal
proceedings,which lien is not vacated within 30 days from the date thereof
vi. Contractor shall create, assume, or suffer to exist any mortgage, lien, charge of
security interest, or other encumbrance whatsoever relating to this Agreement or
its rights and obligations under this Agreement, except any pledge or other
encumbrance of the fees due Operator pursuant to this Agreement.
(B) Each party shall promptly notify the other of any acts or omissions believed to be a
breach by the other under this Agreement. In order to be effective, a notice of breach must
be timely given,must state that it is a notice of breach, and must specify in reasonable detail
the acts or omissions alleged to constitute a breach of this Agreement. Notice of breach is
considered timely if given to the other party within 30 days after the non-breaching party
learned, or reasonably should have learned, about the breach.
City of Corpus Christi Page 12 of 15
Service Agreement for Management of Corpus Christi Museum of Science and History
(C) If breach occurs and is not waived in writing by the non-breaching party, then the
non-breaching party shall have the following remedies which are not exclusive but
cumulative in addition to any other remedies now or later allowed by law:
i. The right to cure, at the breaching party's cost and expense, any breach;
ii. The right to sue to collect any sums not paid when due;
iii. The right to sue to collect damages suffered by the non-breaching party by reason
of the occurrence of a willful breach other than breach in the payment of money;
or
iv. The right to terminate this Agreement.
41. Right of Ingress and Egress. Contractor acknowledges that the City shall have the right to
enter the Facility and grant to others the right of ingress and egress to and from the Facility
for purpose of inspection thereof or the conduct of capital improvements and for other
purposes. The City agrees to coordinate such entry with Contractor so as to minimize
interference with scheduled activities at the Facility.
42. Intellectual Property Rights. Pursuant to the terms of this Agreement, the Contractor has
agreed to advertise, promote activities, market and conduct public relations for the Facility.
Contractor covenants and agrees,subject to the reasonable consent of the City,to develop all
intellectual property rights required for the advertisement,promotional activities,marketing
and public relations for the Facility. Any and all intellectual property rights including,
without limitation, all names and logos for the Facility, shall be the sole and exclusive
property of the City. Contractor hereby conveys to the City,without recourse,representation
or warranty, any right, title and interest that Contractor may have in and to any such
intellectual property rights, including, without limitation, all rights of common law,
copyrights, rights of copyright renewal, trademarks and trademark rights, and Contractor
agrees to execute any documentation reasonably required by the City to evidence such
transfer. The City hereby grants Contractor a license during the term of this Agreement to
use and to grant to others the right to use the intellectual property rights in connection with
advertising,promotional activities, marketing and public relations for the Facility.
43. Severability. Each provision of this Agreement is considered to be severable and,if,for any
reason, any provision or part of this Agreement is determined to be invalid and contrary to
applicable law, such invalidity shall not impair the operation of nor affect those portions of
this Agreement that are valid, but this Agreement shall be construed and enforced in all
respects as if the invalid or unenforceable provision or part had been omitted.
44. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments,and exhibits, such conflicts and inconsistencies will be resolved
by reference to the documents in the following order of priority:
A. This Agreement and its attachments
City of Corpus Christi Page 13 of 15
Service Agreement for Management of Corpus Christi Museum of Science and History
B. The solicitation document, including addenda(Exhibit 1)
C. The Contractor's response(Exhibit 2)
45. Certificate of Interested Parties. Contractor agrees to comply with Texas Government
Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of
Interested Parties" as part of this Agreement.
46. Conflict of Interest. Contractor 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/government/city-
secretary/conflict-disclosure/index
47. 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: (1) 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.
48. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and
regulations. The applicable law for any legal disputes arising out of this Agreement is the
law of the State of Texas, and such form and venue for such disputes is the appropriate
district, county, or justice court in and for Nueces County,Texas.
49. Force Majure.Neither party shall be in default hereunder or liable to the other for failure to
perform where such default or failure is the result of acts of God, war, or any other similar
cause outside of the reasonable control of the party who asserts that default or failure to
perform is excused under this Section; provided, that in no event shall the provisions of this
Section extend to any default or failure to perform due to labor shortages or strikes or
economic hardship. In the event of a delay in performance excused by the operation of this
Section, such delay shall only be for the period which the party claiming the delay was
actually delayed in the performance of its obligation by the event outside of its reasonable
control.
50. Entire Agreement. This Agreement constitutes the entire agreement between the parties
concerning the subject matter of this Agreement and supersedes all prior negotiations,
arrangements, agreements and understandings, either oral or written,between the parties.
[Signature Page to Follow]
City of Corpus Christi Page 14 of 15
Service Agreement for Management of Corpus Christi Museum of Science and History
CONTRACTOR L`NaS of iM eo/LPUS ern is rf
44.s cLCM cT SG((SICE S /115 TW 7
Signature: B7/
Printed Name: --J/ki /10 Loy/
Title: ''2ES iOCS7i
Date: - -/
CITY OF CORPUS CHRISTI
Signature:
Printed Name: Y-1 R. "EA.
Title: rer r Ser vtLeS
Date: g, 2q . I$
ATTEST: )Claeddet _ LJ�V-ltd ,
APPROVED AS TO LEGAL FORM RE ECCA HUERTA
g1 CITY SECRETARY
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work and its Exhibits 49D ; .AU I NUKitu
Attachment B: Pricing Schedule j j e
Attachment C: Insurance Requirements ff COUNCIL
Incorporated by Reference Only: SECRETARY 10Exhibit 1: RFP No. 1703
Exhibit 2: Contractor's Proposal Response
City of Corpus Christi Page 15 of 15
Service Agreement for Management of Corpus Christi Museum of Science and History
Attachment A - Scope of Work
1.1 General Requirements
1. Background. It is the City's intention that the Museum of Science and History
(Museum) be operated in a First-Class and fiscally responsible manner with the
objectives of creating a modern edutainment Museum that will appeal to both
children and adults while maintaining the established history and science
mission of the Museum, as well as the certification and accreditation; minimizing
financial operating requirements 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. First-Class means 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.
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. The Contractor 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.
3. Internal Strategic Objectives. Internal Strategic Objectives means the
thoughtfully constructed plan employed to achieve the Museum's Mission. 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.
2. How the human migration, cultural encounters, and interactions shaped the
unique human character of South Texas and, in turn, how South Texas has
influenced the world.
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3. How environmental features and resources have been linked to the human
migrations, settlements, and physical exploitation of South Texas resources.
4. What science tells us about the unique natural world of South Texas and how
can we best conserve our unique resources.
4. Collection. The Museum will collect and preserve 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. Museum Collection means
objects that form the core of the Museum's activities for exhibitions, education,
research, etc. All objects in the Museum Collection are included in the Museum
Inventory.
5. Promotion. 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. 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.
6. Advisory Board. The Advisory Board for Corpus Christi Museum of Science and
History Advisory Board was assembled under the authority of City Ordinance 2-
90. The Advisory Board is comprised of nine voting members appointed by the
Mayor, with consent of Council. The Advisory Board serves as an advisor to the
Museum and to the City Council in matters of support and development of the
Museum. The Advisory Board may adopt comprehensive policies relating to
management of collections, acquisitions for the collections, disposition and
deacquisition of objects in and for the collection, and use of Museum
facilities. City Council remains the governing authority for the Museum. The
Advisory Board currently meets on a bi-monthly basis.
7. Non-Profit Support Organizations. At times there will be non-profit organizations
that will provide support to the Museum. The Contractor shall cooperate and
engage with these groups that are designed to support the Museum and its
mission.
1.2 Scope of Work
A. Management and Operation of Premises and Personal Property
1. Premises. Subject to the terms, covenants, and conditions set forth in this
Agreement, Contractor shall exclusively manage and operate the Museum,
comprising (a) Museum and all facilities as described in Exhibit A ("Museum
Premises"), and (b) the parking lot as described in Exhibit B. Together the
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Current Museum Premises and the parking lot shall be referred to collectively
in this Agreement as the "Premises."
2. Personal Property. Subject to the terms, covenants, and conditions set forth
in this Agreement, the City agrees to provide, at no cost to Contractor, use
of personal property located at the Museum necessary to the operation and
maintenance of the Museum. Contractor 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 Contractor's reasonable discretion. A preexisting condition
is 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.
3. Inventory. The City will provide Contractor with a video inventory of the
Personal Property located at the Museum. Transferred Personal Property shall
remain property of the City.
B.Use of the Premises
1 . Required Use. The Contractor 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. Premises means the real property and
improvements and Property means the premises and personal property,
collectively. Exhibit A provides an aerial view of the Museum Premises.
2. Prohibited Use. The Museum may not be used in any way prohibited by policy
adopted by Advisory Board and approved by the City Manager. Any dispute
concerning prohibited use will be resolved by decision of the City Manager.
The Contractor shall have no authority to make any alterations or any capital
improvements to the Facility without the prior written consent of the City.
Should Contractor be responsible for any public works projects at the Facility,
Contractor shall require payment bonds for any projects over $50,000 and
performance bonds for any projects over $100,000. Any required bonds shall
require City approval. Any contracts for construction of public works at the
Facility must comply with Chapter 2258 of the Texas Government Code, or its
successor, as amended.
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3. No Illegal Uses or Nuisances. Contractor 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. Contractor 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.
4. Parking Lot Use. Contractor 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 of the entity with control of the parking
lots. Contractor shall not be responsible for existing violations of the Code or
any other local laws regarding the Museum Parking Lot.
C. Accreditation, Certification, Licensing and Permits
1 . Required Accreditation and Certification. Throughout the Term (including
any extensions), Contractor shall cause the Museum to be at all times (a)
accredited by the American Association of Museums (AAM) or its successor
as the nationally recognized agency for accrediting Museums; and (b)
certified as an Archeological Repository by the THC. In addition, Contractor
shall be responsible for any reaccreditation and recertification that may be
required during the term of this agreement. Any failure on the part of
Contractor to comply with this article shall constitute a material breach of this
Agreement. Current accreditation and certification are shown in Exhibit C.
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 Contractor, and Contractor and the City shall use their best efforts
to either have those licenses and permits legally transferred to Contractor or
to have them canceled upon Contractor'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 Contractor shall be authorized as the agent of the City to perform such
services under such licenses and permits as are required in the operation of
the Museum to the extent permitted by applicable law, if such licenses or
permits are required to be 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, Contractor shall
transfer all licenses and permits back to the City and Contractor 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.
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3. City Representations. City represents and warrants to Contractor that the
accreditation by the AAM and certification as an Archeological Repository
by the Texas Historical Commission (THC) or its successor as the state agency
for historic preservation.
4. Licenses and Permits. THC, and all licenses and permits which are being
assigned to Contractor, 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.
D. Museum Collection Management
1 . Collection Inventory. Contractor will be responsible for maintaining the
inventory of the Museum's collections. The City will provide Contractor 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.
2. Collection Management Policy. The Museum's current Collection
Management Policy was adopted September 2005. Contractor 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.
3. Deaccession of Collection. The Contractor shall follow the current
Deaccession Process in Exhibit F for acquisitions, deaccession and disposal of
the collection. If the collection Management Policy is updated, the
Contractor shall follow the most current version.
4. 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.
E. Admissions
1 . Admissions Fees. Admissions fees shall be set at their current rates shown in
Exhibit G. Museum admissions charges are set in accordance with City of
Corpus Christi Code of Ordinance 36-6.
2. Access. Contractor 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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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.
F. Advertising
1 . Museum Advertisement. Contractor 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.
2. Advertisement Reimbursement. Contractor shall keep record for all advertising
expenditures and submit itemized expenditures to the City bi-annually. The
City shall reimburse Contractor 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 Contractor 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. Fiscal Year means 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
Contractor 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.
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
(http://www.statutes.legis.state.tx.us/Docs/TX/htm/TX.351.htm), 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,;
c. the activities promote both tourism and the convention and hotel industry
within the City of Corpus Christi.
4. Completion Report. Contractor must submit to the Contract Administrator 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 Contract
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Administrator, shall review this Report to verify whether the Grant funding
provided to Contractor 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
Contractor's marketing or advertising strategy.
b. For all Activities funded by the City, Contractor must submit to the City a
written estimate of the number of Contractor'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.
G. Catering
1 . Outside Caterers. Outside caterers include any caterer entering into an
Outside Catering Agreement to provide catering services at the Museum for
a single event. The Contractor 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 the Contractor
immediately following their catering event based on the Outside Catering
Agreement with that Outside Caterer and Contractor.
2. Outside Catering Agreement. A written agreement between Contractor and
an Outside Caterer is required for each event to be held at the Museum.
H. Maintenance
1 . General Maintenance. Contractor shall be responsible for the repairs and
maintenance, identified in Exhibit H. The City shall be responsible for the
repairs and maintenance identified in Exhibit H. Contractor shall maintain the
Museum in a clean, safe, sanitary, and sightly condition, and as necessary to
maintain all licenses and accreditations; provided, however, that such
obligation shall not, except as specifically set forth in this Agreement, require
Contractor to repair or otherwise remedy a Preexisting Condition. Contractor
shall employ sufficient personnel to maintain the Museum to the standard of
a First-Class Museum.
2. Routine Repair and Maintenance Contractor shall be responsible for 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
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and landscaped area, the buildings, structures, equipment, and facilities of
the Museum as are necessary in the reasonable discretion of Contractor 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 this Agreement. In addition, all interactive exhibits must
be kept in working order.
3. Random Inspection. Random inspections will be made by a designated City
employee to inspect the general maintenance of the Museum. Any
deficiencies will be reported to Contractor. Contractor shall take the
necessary action to remedy the deficiency in a timely fashion.
4. 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 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,
Contractor shall be responsible for the repairs.
I. Governance
1. Organization. The Museum shall be operated under the organizational chart
set out in Exhibit I. The Governance may be changed by Contractor 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 designee and subsequent written approval.
2. Staff. Contractor shall maintain a professional and qualified staff necessary to
operate the Museum in accordance with the American Alliance of Museums
Core Standards for Museums to assure the success of the museum and
achieve its mission. The Contractor shall provide a Museum Director that shall
be in place at all times as the single point of contract for the City. This Director
will manage the day to day operations and oversee the contractual
requirements. The Director shall have a minimum of a bachelor's degree and
extensive experience in Business, Business Development, and Management
including a minimum of five years in a key leadership position with museum
based experience. The Director shall be a museum professional that
maintains the mission of the Museum, as well as the certification and
accreditation.
3. Corporate Management. The Contractor's corporate management team
must take an active oversight role in the management of the Museum and
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make periodic visits to the Museum to check on the operation. Corporate
Management shall also diligently work to keep qualified staff in place to
manage the Museum and resolve all issues in a timely manner.
J. Reporting
1 . Annual Plan. At least thirty days for the first year and then sixty days for
subsequent years prior to the beginning of each the City's Fiscal Year,
Contractor shall, 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:
a. An evaluation of existing exhibits,
b. A description of major programmatic changes planned at that time for the
ensuing year; and
c. Any proposed changes in fees at the Museum.
2. Annual Independent Audit. Within sixty days after the end of each Fiscal Year,
Contractor shall arrange for an audit of its books and records by an
independent, certified public accountant; this audit shall be conducted
under this Agreement and shall cover the previous Fiscal Year. Contractor shall
deliver to the City Manager an original, signed copy of each such annual
audit, by the earlier of: (1) thirty days after the completion of such auditor; or
(2) ninety days after the end of the Fiscal Year covered by such audit.
3. Quarterly Reporting Requirements. Contractor shall, 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 Contractor at the Museum for the preceding quarter. This
quarterly Report will also include upcoming events at the Museum for the
ensuing quarter.
4. Monthly Reporting Requirements. Contractor shall, 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.
Contractor shall submit monthly a summary of revenue and accounting of
costs.
5. Bi-weekly Report- a bi-weekly informal Director's Report will be required. The
format and content will be established by the Contract Administrator.
6. Operations Manual the Contractor shall develop an operational manual
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 Contractor. The
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parties acknowledge that to the extent that such manual contains any
proprietary information of Contractor (e.g., Contractor-wide (not Museum-
specific) operating policies, procedures and/or software); such information
shall remain the property of Contractor. The manual should also include
emergency procedures for protecting the museum and its collection. The
manual shall be kept at the Museum during the term of this Agreement.
1.3 Work Site and Conditions
A. City Paid Expenses
1 . City Provided Services. The City will provide Information Technology
Services/Computers, Building Maintenance Service, Grounds Maintenance,
Property Insurance, Elevator Maintenance and Utilities.
a. 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.
b. Computers. 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. Contractor will have full use to the computers provided
under the Agreement.
c. Building Maintenance Service. The City Asset Management Department
shall provide the labor for routine repairs and preventive maintenance for
the Facility as identified in Exhibit K. Contractor shall be responsible for
maintenance as identified in Exhibit K
d. Grounds Maintenance. The City will provide grounds maintenance
around the premises of the Museum.
e. Property Insurance. The City will provide property insurance as outlined in
Exhibit J.
f. 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 Contractor
operation of the Museum by the City.
g. Electricity. The City shall pay the energy provider for Electricity provided to
the Museum up to $235,000 per fiscal year. For the Electricity cost that
exceed $235,000 in a fiscal year, the City shall bill Contractor for
reimbursement.
h. Water, Gas, and Waste Water. The City shall provide the Water, Gas, and
Waste Water to the Museum. Contractor is not responsible for Water, Gas,
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and Waste Water.
B.Purchasing Procedures and existing Procurements.
1 . Purchasing. The Contractor shall have the authority and discretion as to the
purchase of all equipment, materials, supplies, and inventories reasonably
required by it but shall endeavor to make all such purchases at the best price
available, considering the quantities required and the quality desired. In
doing so, Contractor must comply with prudent purchasing practices. The
Contractor may purchase or procure services from Affiliates of the
Contractor, provided that the prices charged and the services provided are
competitive with those obtainable from unrelated parties rendering
comparable services. Contractor shall, at the City's request, provide
reasonable evidence establishing the competitive nature of such prices and
services. Prior to engaging any of its Affiliates, Contractor shall notify the City,
and the City may require the Contractor to obtain at least two other
competitive bids for unrelated parties to ensure that such services are being
provided on competitive terms.
2. 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. Contractor will have full use to
the multifunction copier provided under the Agreement. Contractor will pay
the vender directly for service. The City shall bill Contractor monthly for
reimbursement if Contractor fails to pay vender.
3. Dumpster Procurement. The City is a party to an Agreement for dumpsters. The
Museum will be have use of this dumpster service. Contractor will pay the
vender directly for service. The City shall bill Contractor monthly for
reimbursement if Contractor fails to pay vender.
1.4 Management Fee
The Management Fee is comprised of two components, the first is the revenue that
is generated by the Museum's operation. The revenue for past years is shown in
Exhibit K. The Contractor will be allowed to retain all revenue produced by the
Museum's operation. The second component of the Management Fee is the
supplemental amount that is shown in Attachment B Pricing Form that was provided
by the Contractor and represents the amount on top of the revenue that is needed
by the Contractor to operate the Museum. The Management Fee shall cover all
costs of operating the Museum by the Contractor with the exception of those items
identified as being provided by the City. No additional compensation will be
provided. Exhibit L identifies the currently known expenses to operate the Museum
and is provided for reference only. The amount of the supplemental Management
Fee shown in Attachment B Pricing Form has a not to exceed value and will
graduate down by five percent over time, therefore the Contractor shall find ways
to enhance the museum attendance and put forth efforts to obtain grants,
Page 11 of 63
underwriting, sponsorships and any other funding sources to help support the cost
of the Museum.
Page 12 of 63
Scope of Work Exhibits
Page 13 of 63
EXHIBIT A - MUSEUM PREMISES
I '
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Page 14 of 63
EXHIBIT B - PARKING LOT DIAGRAM
Primary Lots
US 187 for the exclusive use of the
Museum of Science&History
\� ® Secondary Lots
a > c requires coordination with
D i�
6 y other entities
s 1.2.3.5 8 10 are t«the e[clus+ve
=� \
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I
Page 15 of 63
EXHIBIT C -ACCREDITATION AND CERTIFICATION
l-t . American
Alliance of
i
Museums
February 1,2013
Director
Corpus Christi Museum of Science&History
1900 N Chaparral St
Corpus Christi,TX 78401-1114
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.
/
cy / '
/ e...;--e7,64._ -i 1'
Dana Twersky G'
Assistant Director,Accreditation
Page 16 of 63
EXHIBIT C—ACCREDITATION AND CERTIFICATION(CONTINUED)
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 onesOthc.state.tx.us
Contact Email
JillianB'dectexascQnl July 2-3&August 3122015
Email Date of Field Review
Si !lIII► CP Coordinator
4
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.stale tx us
Page 17 of 63
EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED)
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 CI'CP 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 are 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 CCMSH 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
Page 18 of 63
EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED)
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(CMI')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 HIT 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
Page 19 of 63
EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED)
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 H11 or the,(.a 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.
Page 20 of 63
EXHIBIT C-ACCREDITATION AND CERTIFICATION(CONTINUED)
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.
S"--
i'nature a ' -CP 'iordinator Date
Page 21 of 63
EXHIBIT D - LICENSE AND PERMITS
DLI'Willi\I OF T}It.INTERIOR
/ EPLRIIIVAL U.S FISH AND WILDLIFE SERVICE
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Fel:505 248-7882 Fax:505-248-7885
Email:lxnnitsR2MB( fils.go4
FEDERAL FISH AND WILDLIFE PERMIT Nrl:Li1I1°"
so CFR PART 1%
1 PI K5111 50 CFR 22
CORN IS('HRIS II 511ISI'.C51 OF Sl'IETs('1-:A\D HISFORM
190(1N CIIAPARRAL
CORPUS(1IRIS I LI X 78401
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TEXAS
1900 N.CHAPARRAL
NUECES COUNTY
CORPUS CHRISTI TX
.1 10(11 I10\%'\\I)\E 1)1(110/1DOSS
I (.i:\LKLL 105011 V.I5,SL 101 f IN Si LW%RI 1)01-1(I(FR II,4\0 sill I IFII'I O\UII1)\SCO\7.10.11)1\FFD1R-1L NI(I1.1.11 Rl\S l 11:0 l\1001%..0 48011 11(11101(081'
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SI 11%111 ILII CO\11\1 1 D 311)0)10 ORR(\LNANL OF FINS PF R\IFI Is Si WIT 7 to C0\IPI.I-TL 1ND 1151111-('O41PLI1\t'E 111111 311 INN I(1I3t.0 t'OYUITIO\S I\i Ii.DIN011ft
411 ISO 01-11 S NI IN!RA CO SiI ()5113110\4\O RLP)R(S
1) THF 111(17 OF if 10 NTR\IIT IS 1I SO CO\DITN)\rt)t PO\1111ICT 11)5)RI 15 F Of%I I.%PPI.le 1fil 1:FORTR0\31)11 III(ii 711111) OR 10111 R Ft DER 1411
e 51)1111011 1.51 II)P1.R\111 II-F\1\IF 1),58(1\1.
D You are authorized to possess for conservation education purposes the following eagle specimen(s).
Qty Specimen Acquired from Date Acq.
1 Bald Eagle,full mount donated by US FWS 7/16/1971
1 Golden Eagle,egg on loan Am.Mus.Nat.Hist. 1970
1 Golden Eagle,study skin 1973
2 Bald Eagle,egg Forbes Nat.Sci.for Youth Fndn 6/17/1975
2 Eagle,wings donated by Charles Moss 6/3/1980
1 Bald Eagle,egg Forbes Nat.Sci.for Youth Fndn 11/19/1969
1 Bald Eagle,egg Forbes Nat.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 deposing 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.
SOD)110.1L('0501nO\s.1.D 11.-n10102.3 ttOAS TLSO N M.%
1_REP013.051,REOt1RF'IENTS
ANNUAL REPORT DUE:01'31
You must submit an annual report to y our Regional Migratory Bird Permit Office
eachasear. Foran: ssssss.fsss.gos'Ibrmsi3-202-I3.pdi
ELVIRA HUNT M:::;.Ht'IISTmisI'RA10R RtT(;R:S,ORYi1IRt)Pt.R\,l 1111 I- -RIiI;lO\ )1 TIT
Page 22 of 63
EXHIBIT D-LICENSE AND PERMITS(CONTINUED)
TEXAS
PARKS & January 10,2017
WILDLIFE
Corpus Christi Museum of Science and History
1900 N.Chaparral
Corpus Christi,TX 78401
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/Iand/wildlife/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 bei
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/wardeniconnectioffices. 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,
1114104 '—
Christopher Maldonado
Wildlife Permits Specialist
Page 23 of 63
EXHIBIT D—LICENSE AND PERMITS(CONTINUED)
EDUCATIONAL DISPLAY PERMIT NUMBER EDU-0117-008
IS HEREBY ISSUED TO:
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:
1. 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:
EX
"nknifs‘j
January 10,2017 "'��`��-
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 permittee:
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 24 of 63
EXHIBIT D—LICENSE AND PERMITS(CONTINUED)
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 NWRA.
Common Name Scientific Name Quantity
Texas tortoise Gopherus berlandieri NTE 1
"In accordance with s pecilications 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 he 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 AUTIIORIZED
I L 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_
Specimensmust 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 MIA,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 ns illegal
To determine appropriate regional office location and/or telephone number, please see
http://www.tpwd.state.tx.us/warden/connecUoffices. If the regional office(s) or telephone
number(s) is unknown, the numher(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. 1
Page 25 of 63
EXHIBIT D—LICENSE AND PERMITS(CONTINUED)
Expires 01/10/2020 Educational Display Permit No.EDU-0117-008
(1). Kill and utilize by examination, experimentation, necropsy or dispose of as waste in
accordance with state law and city or county regulations (burning is suggested if not in
conflict with city,county or state regulations).
(2) Hold permanently for 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 state park without a separate permit from the Texas Parks and Wildlife Department
Natural Resource Program: email:david riskind:a tpwd.texas.gov.
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.
b.This permit is subject to any applicable federal permit requirements.Where a federal permit is
required,the permit holder is cautioned to carry a copy of the federal as well as the state permit during
collecting activity For information on the federal permit contact: US. Fish and Wildlife Service,PO
Box 709,.Albuquerque,NM 87103-0709.
16. PERMIT HOLDER'S ADDRESS FOR RECORDKEEPINC PURPOSES:
Corpus Christi Museum of Science and Itistory
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.
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EXHIBIT D—LICENSE AND PERMITS(CONTINUED)
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:
(1)pronghorn antelope--2,500 square feet x 8 feet in height;
(2)deer--1,800 square feet x 8 feet in height;
(3)desert bighorn sheep--507 square feet x 8 feet in height;
(4)black bear--400 square feet x 12 feet in height;
(+)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)javelin--120 square feet x 5 feet in height;
(9)other felines--I00 square feet x 8 feet in height.
(10)fur-bearing animals as defined by Parks and kVildlifc Code,Chapter 71 (except fox)--72 square
feet x 5 feet in height;and
(1 I)all other mammals--24 square feet.
(c)The minimum cage sizes for alligators shall be as follows. For each alligator:
(1)the length and width of the cage shall he 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 he 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)--l0 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.
(f)A facility shall ensure that:
(1)each enclosure is supplied with clean water at all times,except as medical circumstance dictates
otherwise;
(2)authorized personnel obser'e 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
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EXHIBIT D—LICENSE AND PERMITS(CONTINUED)
Page 1 of 1
SPECIAL PURPOSE POSSESSION
DEAD MIGRATORY BIRDS FOR EDUCATIONAL USE
Permit Number: M611266A-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
P.O.Box 709
Albuquerque,NM 87103
Tel:505-248-7882 Fax:505248-7885
Email:permitsR2MB@fws.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:
-EXECUTIVE DIRECTOR OF CCMSH
Authority:Statutes and Regulations:16 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:01131
For Special Purpose Possession Annual Report see: http:/Avww.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 permits2mb@fws.gov.
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EXHIBIT D—LICENSE AND PERMITS(CONTINUED)
pps
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 SO CFR part 13 and iO CFR pxrri 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 blot permit issuing office. For copies of the regulations and forms,or to obtain contact information for
your issuing office,visit http.//wwwfws.govitnigratcavbirds.'mbpennits.html.
migratotvbirds.'mbpernits.htiml.
1. The intent of this permit is wildlife conservation education. Your educational programs must include
information alxxa 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 specimens 1 is by permission of the U.S.Fish and Wildlife
Service.
S. You must obtain prior written approval from the migratory bird permit issuing office before you acquire,
transfer,or dispose of any migratory bird specunents).
6. Any migratoty 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. Subp ennittees must be at least 18 years of age. As the permittee,you are
legally responsible for ensuring that your subpernittees 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 permitter!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 tune for just cause.
10. You must maintain records as required in SO CFR 13.46 and SO 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 pernut 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)
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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.
1.How have human migration,cultural encounters,and interactions shaped the
unique human character of South Texas and,in turn,how has South Texas
influenced the world?
2.How have environmental features and resources been linked to the human
migrations,settlements,and physical exploitation of South Texas resources?
3.What does science tell us about the unique natural world of South Texas and how
can we best conserve our unique resources?
B. The Museum will collect and preserve unique specimens,artifacts,and ephemera
which illuminate our three basic themes and support innovative programming.
C. To create new knowledge,Museum collections and resources will be shared with the
public and researchers.
(Adopted by the Museum Advisory Committee-September 2005)
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EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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,
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.
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EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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 5O% 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. hi 2005 there were five individuals
whose primary functions were collections based while two people were focused on programming. That
changed in 2006 with only two staff positions with collection based primary functions and five staff
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
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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)
must be made publicly available. Unaccessioned specimens may be 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.
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EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
Specimens must have been collected and/or imported with full knowledge and permission of the
country or state of origin,and in compliance with U.S.and Texas laws.(Reference IUCN Red Data
Books,U.S.Fish and Wildlife Service Regulations,Texas Parks and Wildlife Code.) The Collection
Manager acquires and maintains the necessary municipal,state,and federal permits to allow the Museum
to hold these collections legally. The permits should all be issued in the name of the Museum Director.
B. Cultural Artifacts
The Museum collects artifacts representing the history and culture of the people of South Texas.
The Collection Manager is responsible for collection care. Artifacts are used in exhibits and educational
programs that are compatible with their preservation. Access to the collection may be allowed to
interested visitors at the discretion of the Collection Manager. Access to all information relating to the
Museum collection(except donor records)must be made publicly available. Non accessioned artifacts
may be used in educational programs. These are stored in more accessible areas and are considered
expendable.
The Collection Committee seeks artifacts that are needed for the collection and meet the
collection criteria. With the approval of the director,they may be acquired through donation,bequest,or
purchase. The Collection Manager coordinates artifact preservation and conservation and sets standards
in the use and care of the cultural collections and exhibits.
Artifacts must have been collected and/or imported with full knowledge and permission of the
country or state of origin,and in compliance with U.S.and Texas laws. Cultural properties from outside
the United States offered as a donation must be accompanied by a signed and notarized statement from
the donor attesting to clear title. (reference:U.S.Customs Laws,National Stolen Property Act,Pre-
Columbian Statute of 1972,and Cultural Property Implementation Act of 1983.)
C. Special Collections
1.Live animal specimens,acquired by donation,field expedition,or purchase. The live animal
collection is cared for and disposed of at the discretion of the Museum Educator. Clear title must be
established before any specimen is accepted and it must comply with all municipal,state and federal laws
regarding plants,fish and wildlife. Specimens in this collection are not accessioned,although donations
are acknowledged. All live animals have a limited life span and are,therefore,considered expendable.
2.Las Dofas 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 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
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EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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. A11 paper records for state-associated objects are kept in a secure record storage room. All
electronic records are stored on the city servers at City Hall and backed up once a week on an external
hard drive. An annual report of all activity with state-associated collections will be submitted to THC.
D. Library Collection
The library is maintained as a non-circulating reference collection of books,periodicals,and other
materials for use by the museum staff. Visitors may be allowed use of the library with permission of the
director. The material contained in the library relates to the collection and interests of the Museum. The
Librarian is responsible for care of this collection. Staff is encouraged to submit requests for the purchase
of material that will enhance knowledge in their area of expertise.
Books are acquired by purchase or donation. Materials are purchased only with approval of the
director.Materials in this collection are not accessioned,although donations are acknowledged. Library
materials are subject to continued use and by their nature might be outdated by new information.These
materials are considered expendable and may be disposed of at the discretion of the director.
E Archives Collection
The Museum collects archival materials,including photographs that represent the cultural history
of the people of South Texas. These materials are generally not stable enough for use in exhibits,but
copies may be used in exhibits or for other educational purposes. Interested visitors may be allowed
access to this collection at the discretion of the director. These materials are accessioned and are the
responsibility of the Museum Librarian. Items may be added to this collection at the discretion of the
director.
DESTRUCTIVE ANALYSIS
Destructive analysis is defined as an activity that alters the appearance or condition of an object.
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 specfc samples or objects to be sampled. The loans will be made to the institution with
which the researcher is associated. If the proposal is for state-associated held-in-trust collections and is
rejected,an appeal can be made to THC.
Destructive analysis may be warranted if the following conditions prevail:
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EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
process,once begun,should be completely public.
Because the collections of the Museum are held in public trust,it is useful to note Article 4412a.of the
Laws of Texas Pertaining to Museums. The Attorney General of Texas has specific authority to take
legal action to protect and preserve items of property held in"public trust,"that is,for the use and benefit
of the public. The statute covers any corporation,trust,community chest,fund,foundation,or other
entity which is organized for charitable,scientific,philanthropic,"or other civic or public purpose." This
broad definition includes museum collections.
II. Authority and Responsibility
Any member of the Collection Committee may recommend that an object be considered for deaccession.
The deaccession process is initiated by submitting a Deaccession and Disposal Record form to the
Collection Manager.
The Collection Manager is responsible for confirming clear and unrestricted title to objects proposed for
deaccession as well as checking for any restrictions,legal issues,or ethical concerns affecting deaccession
or disposition.
The Collection Committee reviews the proposed deaccession based on the Museum's purpose,scope of
the collection,and guidelines covered in this policy and makes a recommendation to the Director who
will then approve or deny the proposed deaccession and disposal method.
Deaccessions and disposals approved by the Director are brought before the Museum Advisory
Committee for final approval.
III. Guidelines for Deaccessions
Before approving any object for deaccession,clear and unrestricted title to it must be established. See
applicable sections of this policy for more information regarding clear and unrestricted title.
No object may be deaccessioned in order to provide funds needed for the operation of the Museum.
Proceeds from the disposal of an object must be used for collection acquisition.
Objects proposed for deaccession will be evaluated based on the Museum's mission,scope of the
collection,and guidelines as outlined in this policy. An object may be deaccessioned for the following
reasons:
1. To remove an object that that no longer falls within the Museum's mission,purpose,or
scope of collections;
2. To remove an object that is sufficiently represented by duplicates in the collection or has
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
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EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
scientific institutions;
9. To formally document the removal of an object that has been lost or stolen;
10. To comply with any legal statutes or court rulings;
11. To accomplish any other purpose deemed by the Museum Advisory Committee to be
appropriate within the spirit of this policy,the Museum's mission,and applicable law.
Reposited collections are not owned or accessioned by the Museum and,therefore,cannot be
deaccessioned by the Museum and are not covered under this deaccession policy. Only the Texas
Historical Commission has the authority to deaccession state-owned held-in-trust collections. Other
repository collections may only be deaccessioned by the repositing agency. For information regarding
deaccession and disposal of repository collections,see the Reposited Collections section in this policy.
Natural History specimens have been brought into the Museum as part of field collecting by curators,
honorary curators,research scientists,or citizens. These field collections are evaluated and significant
specimens are catalogued. Specimens from these field collections are considered accessioned at the time
of cataloguing. Therefore,specimens from field collections that have not been catalogued are not
considered accessioned and may be disposed of during evaluation without being deaccessioned.
Reference materials for the Museum's library have occasionally been accessioned in the past. Current
policy dictates that the Museum does not accession library reference materials. For the purpose of
documentation and consistency,reference materials that were accessioned will be properly deaccessioned
and disposed of according to this policy and supporting procedures. Reference materials that have not
been accessioned are considered general Museum assets and may be disposed of without deaccessioning.
Education collections were maintained in the Museum's past. This practice was primarily followed with
Natural History specimens. The objects so classified hold little or no monetary,scientific,or historic
value. The Museum no longer maintains separate education collections. Objects that were accessioned
but marked"education collection"are considered part of the collection and must be properly
deaccessioned and disposed of according to this policy and supporting procedures. Objects that were not
accessioned and were marked"education collection"are not part of the collection and not subject to
deaccession. However,disposal of these objects must be carefully considered because of the similarity to
accessioned objects. Objects under this circumstance will be brought before the Collection Committee
for careful consideration. The Director will make the final decision regarding disposal.
Live animals are a special collection under the care of the Museum Educator. The collection is not
accessioned and is exempt from this deaccessions and disposal policy. See the special collections section
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
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1)The object to be analyzed is not unique within the Museum collections.
2)Sacrificing the object or a part of the object will benefit science or will improve the Museum's
conservation efforts.
3)The proposed analysis is highly likely to produce useful results and the institutions or
individuals who perform the analysis are competent.
4)The analysis will be performed in a timely manner.
5)Results of the analysis will be published in a scientific journal in a timely manner.
6)The Museum Director and the owner of the object approve the analysis(if it is part of a
repository collection).
An object may be considered for destructive analysis if:
1)The analysis will contribute to the development of more effective conservation techniques.
2)The analysis will provide answers to historical,archeological,or scientific questions that can
be answered no other way.
3)The artifact is not unique.
Once an object has been selected for destructive analysis the following documentation procedures will be
used:
1)The object will be thoroughly recorded with respect to its shape,size,mass,special markings,
etc.,prior to submission for destructive analysis. The due dates of the loan will be tracked and
extended or recalled/returned as appropriate.
2)New records and results of analysis will be appended to the existing accession files.
3)Copies of all resulting articles will be filed in the Museum library.
4)The object will not be deaccessioned.
5)All unused portions will be returned to the curatorial facility.
DEACESSIONS AND DISPOSAL
I. Introduction
For most of its history the collection of the Corpus Christi Museum of Science and History was
considered the core of the Museum and the purpose and the reason for its existence. In 2005 a new
mission statement was adopted which removed collecting from the mission of the Museum and made it a
strategic objective to support the mission.
Strategic Objective B.The Museum will collect and preserve unique specimens,artifacts,and
ephemera which illuminate our three basic themes and support innovative programming.
Strategic Objective C.To create new knowledge,Museum collections and resources will be
shared with the public and researchers.
There was no intention through this action to diminish the Museum's responsibility to care for the
collection,but there certainly was the intention to limit the growth of the collection and to eliminate it as
the central focus of exhibits and programs.
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
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exchange or donation,the Museum becomes associated with the receiving institution. The practices of
the receiving institution will be considered to prevent the Museum from becoming associated with
unethical practices.
Deaccessioned objects will not be sold,or ownership otherwise transferred,to Museum staff,City of
Corpus Christi employees,volunteers,members of Museum support groups,members of the Museum or
City's governing authorities,or representatives or family members of these individuals.
A. Disposal by Sale
Net proceeds received from the sale of deaccessioned objects will be used only to acquire new
objects for the collection.
If there is any question as to the value of an object,the Museum will get two informed outside
appraisals on the object. These should document the object's authenticity and assure that the
Museum does not accept less than market value for the object.
Disposal of objects from the collection will never be through the Museum shop,or in such a
manner that it involves an interested entity helping in the liquidation of Museum assets.
The disposal by sale of any deaccessioned object requires the following process:
1. The Director will propose that deaccessioned objects from the Museum collection be
declared surplus and request,in writing,a recommendation of the Museum Advisory
Committee.
2. The Museum Advisory Committee must approve the Director's recommendation for
disposal by sale.
3. The Director of Finance will be notified by the Museum Director after the Museum
Advisory Committee approves the disposal by sale.
4. The Director of Finance will make provisions such that proceeds from the sale will be
placed in a Collections Fund of the Museum Foundation which is dedicated to
acquisitions to the collection.
B. Disposal by Exchange or Donation
Deaccessioned objects may be disposed of by exchange with,or transfer to,another appropriate
museum,educational,or scientific institution.
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
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years of a donation,the museum is obligated to notify the donor and the IRS by filing form 8284. This
provision applies if the donor has claimed a charitable deduction under Section 170 of the IRS code of
more than$5,000 for either a single item or an aggregate of items donated to one or more institutions.
The Act requires that if the value is more than$5,000,the donor must supply an appraisal summary to the
museum. The museum is subject to a$50 fine if the preceding is not adhered to.
Once the Museum establishes its clear and unrestricted title to an object,the donor has no legal interest in
it. If a deaccession no longer falls under the statute of limitations of the Tax Reform Act of 1984,it is
then only a practice of goodwill to notify the donor or heirs of the disposition of a collection or object. It
is possible to label the funds or new acquisition purchased with those funds as a gift from the donor.
Appropriate action will be considered by the Museum Director on a case-by-case basis.
VI. Required Documentation
The Collection Manager,with delegation of duties to the Registrar,is responsible for ensuring all
proposed deaccessions and disposals are properly documented in accordance with this policy and the
supporting procedures. A complete record of each deaccession,including a complete Deaccession and
Disposal Record form,and all supporting documentation of will be kept permanently in a secure storage
room.
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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 term for study,identification,attribution or
evaluation. Only the Director or Collection Manager may accept objects for this purpose. Under this
policy:
1)Objects may never be appraised by Museum staff members.
2)The Collections Manager supplies a receipt of delivery which outlines the terms of this special
type of loan.
3)The Museum and its employees are held blameless in the event of loss,damage or
deterioration of the item(s).
4)Any item(s)not claimed within 30 calendar days becomes the property of the Museum.
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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,
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.
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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.
1)The Museum shall be named as an insured party in the policy and the policy shall provide that
notice shall be given to the Museum ten business days prior to cancellation or reduction in the
amount of the policy. The Texas Historical Commission shall be named as an insured party in the
policy in the case of La Belle artifacts. In the event of cancellation or reduction of the insurance,
the loan will then be subject to cancellation. Failure to maintain adequate insurance coverage in
no way releases the borrowing institution from liability for loss or damage regardless of whether
or not the Museum monitored the borrowing institution's insurance.
2)If a self-insured local,state,or federal governmental agency requests the loan or if the
borrowing institution is unable to provide insurance,a request for an exception must be made in
writing by the institution for review by the Collections Committee. The request must include
evidence of an acceptable plan of self-insurance or other arrangement to satisfy any liability that
might result from a loss under the terms of this Agreement.
E)An object(s)on loan must be returned promptly when the loan period expires. As appropriate,a
reminder letter may be sent by the Museum to the borrowing institution. The Museum reserves the right
to cancel or deny the renewal of any loan. The Museum will provide appropriate information and review
and approve all text and labels relating to the exhibit of the loan in order to ensure accuracy and
consistency in interpretation. Any changes must be approved in writing by the Collections Committee.
The object(s)on loan must be available for research purposes at all times.
F)The borrowing institution has two working days to challenge the description of the items loaned.
These challenges are subject to negotiation. After two working days,however,the borrowing institution
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must comply with the physical description.
G)Except for condition reports,all photography,reproduction,or replication of a borrowed object(s)
requires prior written approval by the Collections Committee. Lighting conditions,environmental and/or
applied chemical alterations,and other conditions of reproduction and replication must be approved in
writing by the Collections Committee. Photographs,reproductions,and replicas may only be used for
research,exhibition,and educational purposes. Commercial use of loaned objects is prohibited.
H)With regard to the La Belle collection,the Texas Historical Commission and State of Texas must be
credited in a suitable manner in all publications and exhibitions associated with the loaned object(s),
including photographs and reproductions,and must receive two(2)copies of any news and other
publication associated with the loaned objects. Other collections may require specifically worded credit
lines. Otherwise the credit line should read,"From the Collections of the Corpus Christi Museum of
Science and History,Corpus Christi.Texas."
I) There is a single loan form for both incoming and outgoing loans and all such actions must adhere to
the conditions and terms as stated on this form.
Loan Contract Conditions
1)The Borrower agrees to abide by the guidelines for loans set forth below. This Agreement must be
signed before any objects will be transferred to the Borrower. These conditions may be changed only in
writing and with the approval of the Collections Committee of the Corpus Christi Museum of Science and
History. Applications for change must be made through the Collections Manager of the Museum.
2)The Museum reserves the right to recall the loan by written notification at any time if these conditions
are not met,and is not liable for any consequential damages resulting from such action. The Borrower
has ten working days to comply.
3)Loans are made only to qualified institutions,not to individuals. Loans are made to the institution with
which the individual is affiliated and that institution assumes responsibility for the proper administration
of the loan and the care and security of the object(s).
4)Objects on loan may not be altered or modified in any way,except as stated in the purpose of the loan
(e.g.,destructive analysis)and as approved in writing by the Collections Committee. For a destructive
analysis loan,if portions of the original object are not destroyed during the analysis,they must be
returned.
5)The Borrower will exercise due care in the custody,handling,transport,unpacking,and repackaging of
the loan.
6)Upon unpacking,the Borrower will immediately acknowledge receipt of the loan by signing and
returning a copy of the inventory and receipt that will accompany the shipment. A copy is to be retained
by the Borrower.
7)For return,the loaned object(s)must be packed in the same or better manner as received and with the
same cases,pads,and packing materials,unless damage has occurred,in which case replacement or
substitution can be obtained with permission of the Museum. Handling and shipping of the loan will be at
the Borrower's expense.
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
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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.
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
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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.
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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:
(1)Management of collections;
(2)Acquisitions for the collection;
(3)Disposition and deacquisition of object in and for the collection;
(4) Use ofmuseum facilities.
When adopted by the advisory board and approved by the city manager,the director of the
museum shall implement such policies.
The Friends of the Museum,although not a City entity,provides significant funding to support the
mission of the Museum. Because of this role,review and revision of the Museum's mission is done
jointly by the Museum Advisory Committee and the Friends Board of Directors. Subsequently,the
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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.
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
Page 48 of 63
EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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:
• 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.
•
Page 49 of 63
EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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 may be able to show misrepresentation
on the part of the donor.
In the case of purchases,where the title or the object itself proves faulty,there is also remedy
available through the courts. The Uniform Commercial Code provides several recourses for recovery.
One is based on contract and requires that the museum prove that the seller misrepresented himself or the
object,either on purpose or through negligence. Another section deals with objects that may be bought in
good faith and sold in good faith as one thing but in subsequent research,turn out not to be what was
offered.
Several states have statutes regarding the sale of an object from a professional dealer to a non-
professional buyer. This may or may not work in the museum's favor.
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 Objects
One of the most common problems of title has to do with objects improperly removed from the
country of origin. These objects may not be challenged until many years after the original acquisition.
Objects from American Indian tribes may be sought for return on the basis of foreign nation status.
Pertinent treaties and statutes should be consulted in all instances: "Treaty of Cooperation Between the
U.S.and Mexico for the Recovery and Return of Stolen Cultural Properties,""U.S.Statute Regulating
Page 50 of 63
EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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.
Page 51 of 63
EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
BIBLIOGRAPHY
American Association of Museums,and Association of Art Museum Directors. Gifts of Property,A
Guide for Donors and Museums. Washington,D.C.:American Association of Museums, 1985.
Buck,R.A.and J.A.Gillmore. The New Museum Registration Methods. Washington D.C.:American
Assocition of Museums, 1998.
Edson,Gary. Museum Ethics. London and New York:Routledge, 1997.
Malaro,Marie C. A Legal Primer on Managing Museum Collections. Washington,D.C.:Smithsonian
Institution Press, 1985.
Naumer,Helmuth J.Of Mutual Respect and Other Things,An Essay on Museum Trusteeship.
Washington,D.C.:American Association of Museums, 1977.
Porter,Daniel R."Current Thoughts on Collections Policy."Technical Report 1. Nashville,Tennessee:
American Association for State and Local History, 1985.
Porter,Daniel R."Developing a Collections Management Manual."Technical Report 7. Nashville,
Tennessee:American Association for State and Local History, 1986.
Simmons,John E.Things Great and Small,Collections Management Policies. Washington,D.C.:
American Association of Museums,2006.
Ullberg,Alan D.and Ullberg,Patricia.Museum Trusteeship. Washington,D.C.:American Association
of Museums, 1981.
Page 52 of 63
EXHIBIT E—COLLECTION MANAGEMENT POLICY(CONTINUED)
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
Page 53 of 63
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Page 54 of 63
EXHIBIT G—ADMISSIONS AND FACILITY USE FEES
Museum Hours of Operation
Tuesday—Saturday loam—S pm
Sunday 12 pm—5 pm
Monday Closed
Open Mondays 10 am—Spm 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 Holidays
Easter Sunday
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
ADMISSION FEES
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
MEMBERSHIP FEES
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
EDUCATION PROGRAM FEES
•Self-Guided(minimum of 15,booked in advance)$6 per person
Add a fact hunt to self-guided for an additional$25
•Focus Programs(minimum of 15,booked in advance)$8 per person
Page 55 of 63
EXHIBIT G—ADMISSIONS AND FACILITY USE FEES(CONTINUED)
*Discovery Stations(minimum of 15,booked in advance)$10 per person
*Off Site$100/30 students,plus$20 for every 10 miles after the first 10
*Camp—per week-$225 early bird member,$250 early bird nonmember,
$250 regular member,$275 regular nonmember
$275 late member,$300 late nonmember
$15 per day before or after care
Scholarships available
*Sensory Nights—regular admission,scholarships available
*Home School Day and Little Learners Hour-$5 members and$10 nonmembers
*Scout Programs-$15 members and$20 nonmembers
•Overnights(minimum of 25 to book a private group)$45 per child$20 per adult
FACILITY USE POLICY—ROOM RENTAL RATES
•Rentals on the museum exhibit floor may start as early as 5pm.
•No rentals in museum galleries during operating hours.Exceptions apply for set up on Plaza.
•Extended Hours Fee: Hourly Rate of Location+$50.00(12:00am—8:00am OR per hour after scheduled
end of rental)
•Rehearsal:4:00-5:00 pm on a regular operating day is FREE.No chair set up.If another time slot is
desired,regular rates apply.
*Additional fee applied to events where alcohol is served.
•Rates do not include food or beverage fees.
All room rentals include the following:
*Renters insurance
*Tables and/or Chairs set up and takedown. Each rental time period includes 1 free hour of set
up and 1 free hour of breakdown.Additional set up hours may be purchased.
•20%Discount for Non-Profits
Dome Room Package 1—Ceremony Only
Seating up to 95 guests$850 for 2 hours,$350 per additional hour,Bridal Suite for 2 hours prior to
event
Dome Room Package 2—Reception Only
Seating up to 72 guests,$850 for 2 hours,$350 per additional hour
Kenedy Package
Seating up to 100 guests,$950 for 2 hours,$400 per additional hour
Front Porch Stage+Kenedy Gallery Package 1
Seating for up to 100 guests,$1,150 for 2 hours,$500 per additional hour
Front Porch Stage+Kenedy Package 2
Seating for up to 200 guests,$1,350 for 2 hours,$600 per additional hour
North Wing(Dome Room+Front Porch Stage+Kenedy)Package 1
Seating for up to 100 guests,$1,550 for 2 hours,$700 per additional hour
Page 56 of 63
EXHIBIT G—ADMISSIONS AND FACILITY USE FEES(CONTINUED)
North Wing(Dome Room+Front Porch Stage+Kenedy)Package 2
Seating for up to 200 guests,$1,750 for 2 hours,$800 per additional hour
Additions:
•$100 Transition Fee(our crew will move tables/chairs during your event)
•$250 Bridal Suite(if renting for both ceremony&reception Bridal Suite included at no charge)
O$25 Screen
0$50 Projector
•$25 Microphone(3 available)
MEETING ROOM PACKAGES
All meeting room rentals include the following:
•Tables&Chairs set up
•Free 30 minute set up to decorate
*Admission to Museum for guests
Watergarden Room
Seating for up to 50 guests,$300 for 2 hours,$125 per additional hour,$5 per additional guest
Lecture Hall
Seating for up to 50 guests(maximum),$250 for 2 hours,$100 per additional hour
Conference Room
Seating for up to 12 guests,$75 per hour,$5 per additional guest
Cost does not include food&beverage fees.
BIRTHDAY PARTY PACKAGES
Party Time Slots:Tuesday-Saturday 11-1 or 2-4,Sunday 1-3 or 2-4
All birthday party packages include the following:
•Birthday Child is free
*Children under age 2 are free
•$15 for each additional person
•Buy one get one coupon on a return visit(expires 1 year from event date)
•Members of Museum get 10%discount
•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 per person,Capri Sun&water(one for each person)
'Plates and cups
Basic Party Package(Level 1)
$275 for up to 20 people,
Deluxe Party Package(Level 2)
$500 for up to 30 people
1 Guardian is free
Page 57 of 63
EXHIBIT G—ADMISSIONS AND FACILITY USE FEES(CONTINUED)
Additional Food:3 large bags of chips
Choice of one(1)Craft,Science Experiment or Museum Tour(must have 2 weeks'notice)
Value of$620—saves you$120
Ultimate Party Package(Level 3)
$700 for up to 40 people
2 Guardians are free
Additional Food:Two 12-pack cases of soda&5 large bags of chips
One Free 6 inch Pucker Powder voucher for each guest
Choice of two(2)Crafts,Science Experiments or Museum Tour(must have 2 weeks'notice)
Customizable Invitations with Museum logo and party details(50).
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 people)
(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)
Oobleck/Slime—get your hands a bit messy with our non-Newtonian slime.Learn about sheer
force and impact with this funky liquid.
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!
Dinosaur Plane—learn about the mighty Pteranodon and then make a small one.This fun and
simple craft can even fly!
Tortoise lime—animal encounter with our Texas tortoise,Tex!See how our tortoise and other
animals from the area are adapted to our environment.
Ranching—saddle up and design your own ranch brand.
Fables&Fun—one of our Museum Live characters will come to your party for story time!
The Museum has a menu where you may select party trays,drinks and more.
Page 58 of 63
EXHIBIT H-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 Contractor
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(up to$250,000) City
Fire Alarm System Service Contractor
Security Alarm System Service Contractor
Playground:maintain grounds&equipment Contractor
Janitorial:includes supplies and services for cleaning facility and exhibits Contractor
Pest Control Service Contractor
Dumpster Rental Contractor
Radios Contractor
*Minor is defined as under$500
Page 59 of 63
EXHIBIT I-ORGANIZATIONAL CHART
Corpus Christi Museum of Science and History
Management
citomimee
Contractor
I I [I
C.
.keting/Business
EdocaUmt Development Operations Adinintsb anon
„
mance,
. A
Page 60 of 63
EXHIBIT 1-PROPERTY INSURANCE
County:Nueces Protea Hon Class:4 100%Values Hood timits(NHP]
Responsible Flood Area Year
I Address Lis Code Dept Occupancy Const. Roof Stories Total buildings Contents Zone ISq/Ft) Built
257 1900 N Chaparral 78601 Museum Science&Motcry Museum Masonry Steel/Cover 1.5 $ 32,750,000 $12,750.000 $ 20.000,000 5 55.000 1955
258 1900 N Chaparral 78101 Museum Muses,Mechankal Bldg Masonry Steel/Cover 1.5 S 347.400 S 97.400 $ 250,000 8 1,200 1%7
Page 61 of 63
EXHIBIT K- MUSEUM REVENUE
FY17 FY16
Oct $ 66,558.11 $ 30,053.44
Nov 31,867.53 27,162.66
Dec 44,028.53 30,414.06
Jan 43,370.74 22,600.59
Feb 37,460.04 29,545.99
Mar 85,226.48 116,277.21
Apr 61,019.62 87,182.08
May 86,975.84 82,930.43
Jun 61,594.05 60,626.25
Jul 148,285.77 142,580.91
Aug 121,047.52 50,716.52
Sep 25,172.83 132,735.65
$ 812,607.06 $ 812,825.79
Museum also receives$50,000 in HOT Funds for reimbursements on advertising.
Page 62 of 63
EXHIBIT L- MUSEUM EXPENSES
General and Administrative Expenses
For the Year Ended September 30,2017
2017
Advertising and promotional expense $ 5,219
Computer and internet expenses 4,543
Continuing education and training 3,213
Credit card and bank fees 17,738
Dues and subscriptions 6,579
Employee benefits 43,958
Exhibit expense 2,065
Gift shop supplies 27,383
Insurance 14,619
Management information systems 32,052
Meals and entertainment 7,103
Miscellaneous operating expenses 31,349
Office supplies 15,444
Payroll taxes and labor burden 85,070
Postage and shipping 2,436
Professional fees 28,252
Rental and lease fees 13,275
Repairs and maintenance 32,140
Retirement plan benefits 5,491
Salaries and wages 796,570
Special events 30,378
Telephone and communications 2,476
Utilities 250,267
$ 1,457,620
Page 63 of 63
Attachment B - Pricing Schedule
CITY OF CORPUS CHRISTI - PURCHASING DIVISION
Pricing Form
196 RFP No. 1703
Museum of Science and History Management Services
PAGE 1 OF 1
DATE: June 10, 2018 ry driv
Friends of the Museum of Science and Histo
PROPOSER RUTH• %5%1`GNATURE
1. Refer to"Instructions to Proposers"and Contrac - ms and Conditions before completing
proposal.
2. Provide your best price for each item.
3. In submitting this proposal, Proposer certifies that:
a. the prices in this proposal have been arrived at independently,without consultation,
communication, or agreement with any other Proposer or competitor, for the purpose
of restricting competition with regard to prices;
b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information
on file with City's purchasing office,pursuant to the Code of Ordinances,is current
and true.
c. Proposer has incorporated any changes issue through Addenda to the RFP in this
pricing.
ITEM DESCRIPTION ANNUAL PRICE
Management Fee Year 1 (October 1,2018-
1.0 September 30,2019) -Not to Exceed$600,000 $500,000.00
Management Fee Year 2(October 1,2019-
2.0 September 30,2020)-Not to Exceed$570,000 $300,000.00
Management Fee Year 3(October 1,2020- $200,000.00
3.0 September 30,2021) -Not to Exceed$541,500
Management Fee Year 4(October 1,2021 -
4.0 September 30,2022)-Not to Exceed$514,425 $150,000.00
Management Fee Year 5(October 1,2022- $150,000.00
I .5.0 September 30,2023)-Not to Exceed $488,704
TOTAL $1,300,000.00
Page 1 of 1
ATTACHMENT C - INSURANCE REQUIREMENTS
Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained and such insurance has been approved by
the City. Contractor must not allow any subcontractor, to commence work
until all similar insurance required of the subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract
Administrator (1) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager. The City must be listed
as an additional insured on the General liability and Auto Liability policies
by endorsement, and a waiver of subrogation endorsement is required on
GL, AL and WC if applicable. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in
Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, Per occurrence - aggregate
material change or termination
required on all certificates and
policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising
Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
Page 1 of 4
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if of this Exhibit.
Company is not
domiciled in Texas)
$500,000/$500,000/$500,000
Employers Liability
HOST LIQUOR LIABILITY $1,000,000 Combined Single Limit
Applicable when alcohol being
served
CRIME/EMPLOYEE DISHONESTY $500,000 Per Occurrence
Contractor shall name the City of
Corpus Christi, Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor
must furnish the Risk Manager with copies of all reports of any accidents
within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage
provided must be in statutory amounts according to the Texas Department
of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of
Texas.
B. Contractor shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
Page 2 of 4
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations,
completed 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;
• 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;
• Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City
of any, cancellation, non-renewal, material change or termination in
coverage and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material
change or termination of coverage, Contractor shall provide a
replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Contractor's performance
should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor'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 Contractor to stop work hereunder, and/or withhold any
payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the
extent to which Contractor may be held responsible for payments of
damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor'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 contract.
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I. It is understood and agreed that the insurance required is in addition to
and separate from any other obligation contained in this contract.
2018 Insurance Requirements
Legal Dept.
Museum Of Science And History- Agreement for Museum Management Firm
05/24/2018 sw Risk Management
Revised 6/26/2018
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