The Facility shall furnish personnel, facilities, supplies, materials, and services for the professional care,management and curatorial services of the collections from Corps project lands or activities under Corpsmanagement in or near the State of Texas in accordance with this Agreement.
The
Facility shall provide curationand research activities relating to the protection, preservation, stabilization, management, and utilization of thecultural resources of the Corps while recognizing the Federal Government's continued ownership and control overthe collection of cultural resources and any other U. S. Government- owned property provided to the Facility.With regard to collections of cultural resources obtained pursuant to the Native American Graves Protection andRepatriation Act (NAGPRA), the parties to this agreement recognize that the collection(s) are being held in trustuntil such time as they can be repatriated or otherwise dealt with according to the wishes of the appropriate tribe,group, or individual as determined under procedures established under Sections 3, 5, and 6 of the ActA.
Perform all work necessary to protect the SWD collections in accordance with the regulationscontained in 36 CFR 79, 32 CFR 229, EP 1130-2-540, ER 1130-2-433, ER 1130-2-43 8. Corpscollections covered by this agreement are listed in Attachment 1. This list will be updated annually bythe Facility to reflect the collections and quantities of Division collections currently housed by theFacility.B.
Provide and maintain a repository facility having requisite equipment, space and adequatesafeguards for the physical security and controlled environment of the collections, as detailed in 36CFR 7 9. 9. Bulk materials, such as soil samples and chipped stone debitage, may be housed in afacility that does not fully meet these requirements, pending improvements to comply with 36 CFR7 9. 9 insofar as possible given the availability of Facility funds.
And to obtain as necessary, and asfunding is made available by each district, any special materials, supplies, and equipment required forthe curation and long-term maintenance of Corps collections.
Such materials, supplies, andequipment shall be used solely for maintenance of Corps collections.C.
Provide access to the collections for any person qualified as a researcher under 36 CFR 7 9. 1O(b) or toCorps employees for collection research or examination upon request.
All requests for visualexamination of a Corps collection will be made in accordance with the Facility’s CollectionsManagement Policy.
Advance written approval from the depositing district is required for all requeststhat would involve the consumptive use of all or part of a collection for research purposes.
Any resulting3exhibit, papers or publications must be approved by the District(s) responsible for the collections used.Copies of all reports, publications, project papers and research data generated from Corps data shall bemade available to the District(s).D.
Restrict access to associated records that contain information relating to the nature, location, orcharacter of the cultural resource(s) unless it has been determined by the Corps district that suchdisclosure would not create a risk of harm, theft or destruction to the resource or its general location.E.
Remove all or part of a collection from the Facility’s premises upon written request of the depositingdistrict for the permanent transfer of the Corps collection to another curatorial facility.
Thecollection(s) to be transferred shall be documented and packaged in a manner that protects it frombreakage, loss, deterioration and contamination in conformance with 36 CFR 7 9. Transfer feesquoted in the Uniform Price Schedule include costs for documenting the transfer and packaging.F.
Prohibit the sale of all or part of any Corps collection to any third party.G.
Notify the Division and the depositing Corps district within five days of the discovery of any loss ortheft, deterioration and damage, or destruction of the collection (or part thereof).
Such an occurrencewill be subject to investigation by the district in accordance with 36 CFR 7 9. 1 l(e)l.H.
Provide notices of actions that will involve the repair or restoration of any of the collections, whichmust be approved in advance and in writing by the depositing district.
Reports on any treatments,including before and after photographs, shall be sent to the district.I.
Obtain written approval from the depositing district prior to loaning Corps-owned or managed artifacts,documents or other materials to any other institution, individual or museum.
Such loans may onlybe made for educational, research, religious or display purposes through a formal written agreementin accordance with 36 CFR 79 (subparagraph 1 0. e and Appendix C).
In all instances, the Facilityshall provide the district with a copy of the loan agreement.J.
Direct any request for transfer or repatriation of Corps-owned or managed collections under theNAGPRA to the depositing district.K.
Annually inspect the facilities and the collections, perform an inventory verifying the location of Corpsownedor managed collections and provide the Corps with a brief letter report on the status andcondition of the collections.
The inventory shall consist of inspection by drawer in GeneralCollections and Records, by shelf in Whole Vessels and Human Osteology, and by box in BulkCollections; the inventory is not to be an item by item listing of objects.
The report shall briefly:
1)identify any deterioration or damage of the collections observed during the inspection withrecommendations for remediation; 2) note any changes made to the facility or its management; 3) listloans and users of collections; and 4) identify any reports, manuscripts, theses or dissertationsresulting from the use of Corps collections.
(Deliverable 1)L.
Maintain adequate cost records for work conducted under this Agreement and to make such recordsavailable for inspection upon request by Corps key officials or technical representatives.M.
Provide one-time relocation services of all material from the current federally approved curation facilityto the recipient’s facility, as needed.
This move would be from the current facility housing the materialto the recipient’s facility and would not include currently uncurated materials.
The materials must beprotected from damage from physical abuse, mishandling and adverse environmental conditions duringthe move.
The collection(s) to be transferred shall be documented and packaged in a manner thatprotects it from breakage, loss, deterioration and contamination in conformance with 36 CFR 7 9. Transfer fees quoted in the Uniform Price Schedule include costs for documenting the transfer andpackaging.4QUALIFICATIONSThe curation facility must meet the requirements described in 36 CFR 7 9. 9GOVERNMENT FURNISHED MATERIALS OR PROPERTYNoneOPTIONSThis agreement shall cover a base year and four options years to perform continued service as funds are available.PERIOD OF PERFORMANCEBase period for this agreement:1 April 2016 – 31 December 2016Options, to be exercised as funds are made available:Option 1:
1 January 2017- 31 December 2017Option 2:
1 January 2018- 31 December 2018Option 3:
1 January 2019- 31 December 2019Option 4:
1 January 2020- 31 December 2020DELIVERABLESDeliverable 1:
Annual Inventory ReportDeliverable 2:
Annual Invoice – (see below for invoice details)PAYMENTSAnnual fees for long-term curation shall be based upon the quantity of each district's collections and records held bythe Facility on the first day of January of each calendar year and the Long-Term Curation Costs (Section 2) ofthe Uniform Price Schedule.
The Facility shall submit invoices for annual curation fees to designated POC by 31January of each year, which includes a cost schedule listing the project name for each collection, and the quantityand cost of each material category (Deliverable 2).Payments must be in compliance with the Prompt Payment Act (P.L.
100-496 as amended; 31 U.S.C.
3903).Payments shall be made upon receipt and approval of detailed invoices for work accomplished in accordancewith the terms and conditions set forth in this Agreement.
Terms of payment shall be 30 days following receiptof proper invoice.As a minimum, each invoice shall contain the following information: Name of the University Project name Invoice number and date Duns Tax ID Cage Code Cooperative Agreement name and date Description of effort, unit price, and extended totals, as appropriate Name, title, telephone number, and complete mailing address of responsible official to whompayment is to be sent The following statement, accompanied by the signature of the appropriate University financial official,shall be added to each invoice:
"I certify in accordance with Federal law that all paymentsrequested are for appropriate purposes and in accordance with provisions of the Agreement."Invoices shall be sent to the Technical Representative at the following addresses:Mr. Dan McGregor5U. S. Army Engineer District, Fort WorthCESWF-OD-TN819 Taylor StreetFort Worth, Texas 76102-0300