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HomeMy WebLinkAbout09171RESOLUTION NO. 9171 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND INFORMATIVE DESIGN GROUP, INC. ( "THE HISTORY FACTORY ") TO CONDUCT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE CF &I ARCHIVES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo has received a grant from the Colorado Historical Society, Project No. 2000 -02 -048, to fund a comprehensive survey and analysis of the CF &I Archives; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Pueblo, Colorado, that: SECTION 1. A Professional Services Agreement, between the City of Pueblo, a Municipal Corporation, and Informative Design Group, Inc. ( "The History Factory "), a copy of which is attached hereto, having been approved as to form by the City Attorney is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Agreement on behalf of the City of Pueblo, a Municipal Corporation. SECTION 3. Funds in the amount of $52,120 to pay this Professional Services Agreement shall be found in a planning grant account set up to administer the Colorado Historical Society Project No. 2000 -02 -048. INTRODUCED December 11, 2000 ATTEST: CIT CLERK BY: Al Gurule COUNCIL PERSON APP O ED: PRESIDENT OF CITY COUNCIL Resolution AGENDA ITEM # S DATE: December 11, 2000 PARTMENT: PLANNING AND DEVELOPMENT TITLE A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND INFORMATIVE DESIGN GROUP, INC. ( "THE HISTORY FACTORY ") TO CONDUCT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE CF &I ARCHIVES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. ISSUE Shall City Council enter into a professional service agreement with the History Factory to conduct a comprehensive survey and analysis of the CF &I Steel Archives? RECOMMENDATION Approval BACKGROUND The Bessemer Historical Society with the assistance of Dr. Jonathan Rees, University of Southern Colorado has recommended that the Information Design Group, Inc., ( "The History Factory ") be selected to conduct the comprehensive survey and analysis of the CF &I Steel Archives. They were chosen because of their extensive expertise in working specifically with business archives. A scope of work is attached to the contract, which is included as a part of the resolution awarding the contract. Please Note: This item was removed from the Council's November 27, 2000, Agenda due to a need by the History Factory for clarification of a certain contractual requirement regarding standards for the work. These items have now been resolved. Attached with this resolution, please find a "latest version" of the Contract, a memorandum from Mr. Jagger outlining the necessary revisions to the Contract and a letter from Mr. Keith Schrum, CHS, identifying the standards to be used in execution of this survey. These items will be incorporated into a final Contract, which we have not yet received. A substitute copy, including this revision and approved by the City Attorney, will be submitted to City Council on December 11, 2000. FINANCIAL IMPACT Total Contract Award: $54,120 Source of Funds: Bessemer Historical Society: $11,620. City of Pueblo: $5,000. State Historical Society: $37,500 art 1'cr1�X ��Gi'� J mwk A � e Ku;�6 0-n sp COLORADO HISTORICAL SOCIETY no Warado HMatory Mu mm 1900 Broattw W boxiver, Colorado 80205 -2137 Mr. Jim Munch Planning Deportment City of Pueblo 211 East D St. Pueblo, CO 81003 pear Jim, Ir is my understanding that the contract issued by the State Historical Fund is a standard document, which cannot be altered without approval from the State Attorney General. I have not seen the contract but have learned there are references to criteria established by the United States Deporrtmept of Interior (where applicable), more specifically, "me Secretary of the interior's Standards and Guidelines for Archeology and Historic Preservation" (Appendix Q. 7n addition, I understand there are references to the Colorado Cultural Resource Survey Manuals 1 and TT (CCRSM). Th'e survey project for the archives of the Colorado Fuel and I= Company (CF &1) involves a detailed examination, evaluation and development of a set of proposals for the long 'term care and preservation of approximately 21,500 cubic feet of company records, in essence, and in fact, these are largely paper -based materials and the proposed project does not fall into an area subject to the Secretary of the Interior's standards or those of the CCRSM. In my opinion the standards are not applicable in this case and compliance should not be an issue in executing a contract or undertaking the survey. have reviewed the proposal submitted by the History Factory and it appears sound and on target with regard to the work that must take place in order to move forward with long -term plans for the preservation of the CF &1 archive. The detailed survey and evuluation of records is the next logical and appropriate step in the process, The Secretary of the fnterior's standards would apply later if a broader CF &1 project included plans for the acquisition and alteration or rehabilitation of an historic structure under consideration as a permanent home for the collection. A positive result of the proposed survey would be the identification of records and architectural drawings important and vital for use in such an activity. There are no hard and fast rules for the conduct of the survey as anticipated by the City of Pueblo and the Bessemer Historical Society or as proposed by the History Factory. The project is basically a survey and detailed report of findings that should result not only in these two items, but a list of recommendations for future processing, cataloging, preservation and access activities. To a degree, archival wo* is subjective and there are no real measurements for precise activities included in a survey; however, there are general expectations among archivists that carry with them tangibie and measurable activities (subject to a number of factors) as work progresses from one stage to the next. This survey is but one is a number of stages that must take place. If a standard or set of standards is required in order to execute a contract, or rather, implement its stated activities, then I would suggest the following items be included in some way: I . Compliance with the ethics statement of the Society of American Archivists, Chicago, Illinois. I Peer review and comments by a team of tbree professional amhivists/librarians who can evaluate any submitted reports and/or products for completeness. 3. The History factory will address any questions raised by the review te= as fully and reasonably as possible before the project officially concludes, The archivists and librarians I have in mind have experience with this type of work and lunsc ss significant expertise. We understand the opportunities and challenges faced by nrehivists undertaking a project like CF&I and feel that we can assist in facilitating a project. Bridget Burke and I have confidence that the History Factory will successfully comiplete this project and that it will deliver apractical, useful report that can be used in long range planning. Thank you consideration of this letter. Good luck with the projectl Sincerely, th Schrum Associate Curator of Manuscripts Colorado Historical Society Ce• Mark Wolfe, State Hstorical Fund Bridgat Burke. Colorado Historical Society CLIENT: City of Pueblo, Colorado One City Hall Place Pueblo, CO 81003 CONTACTS: Corinne Koehler City Council President *James Munch Department of Planning and Development PROJECT NAME: Assessment and Recommendations DATE: December 4, 2000 ADDRESSES AND NUMBERS: *211 East "D" Street Pueblo, CO 81003 P (719) 543 -6006 F (719) 543 -0572 E iQunc1 PROJECT CODE: BESS 200 This Agreement ("Agreement") constitutes the agreement between the City of Pueblo, Colorado ( "City of Pueblo ") and Informative Design Group, Inc. (d.b.a. "The History Factory") regarding an archival assessment and recommendations, which will be provided to the City of Pueblo (with approval by Rocky Mountain Steel Mills) by The History Factory• in accordance with the following terms. 1. SERVICES A. Professional Services As recommended by The History Factory and agreed to by the City of Pueblo, The History Factory will provide the following services ( "Professional Services ") in respect to staffing, scope of work, written project expectations and project timetables as follows: 1. Analyze the current state of the Colorado Fuel & Iron Corporation (CF &I) Archives maintained on the CF &I campus. The History Factory will evaluate the collection based on the following factors: Collection scope and content—size, volume, item types, format and dates represented; Arrangement, description and preservation— current record order, quality of description and condition. Physical space and location -- current storage and environmental conditions, security and access, usable shelving, cabinets and equipment, and available archival storage and processing space. 14140 PARKE LONG COURT CHANTILLY, VA 20151 -1649 PHONE: 703.631.0500 FAX: 703.631.1124 E MAIL: info®historyfact.com Start with the future and work back A. Professional Services continued 2. Collect data that will be used to produce Section II of the assessment report (see below). Data will be used to determine: • Collection disposition —areas in the collection that require disposition, appropriate repositories that might acquire the records and strategies necessary to complete the donation process. • Polices and procedures to achieve the Bessemer Historical Society's objectives— intended purpose, role and desired program structure. • Reference, use and outreach — accessibility using finding aids and ready- reference material, required databases, anticipated users served, the expected level and range of outreach and educational activities. • Exhibit support—possible types, amounts and conditions of materials available for exhibits and multimedia elements. 3. Prepare a written assessment report containing a summary of our findings and recommendations. The report will include the following two sections: Section I A description of the current available archival material and a comprehensive analysis of the CF &I historical resources. A processing work plan, conservation priority list and strategies to deal with immediate collection needs as identified during the assessment. 2 A. Professional Services continued Section II • A summary of archives management needs to determine a strategy for collection management, cataloging and accessibility. This will include recommendations for collection disposition and development, intellectual and physical control and reference services. • Recommendations for more collection enhancement programs to help ensure that all important material is collected and preserved; and • Defined cost estimates and rollout schedules for all project descriptions. Projects will be coordinated and planned in a way that will ensure the greatest cost efficiency and will avoid duplication of effort. 4. Submit our report in two separate sections to the City of Pueblo. The report will be produced in electronic and written format. A draft of the first section of the report will be submitted by January 19, 2001. The draft of the second section of the report will be submitted by February 16, 2001. Final delivery dates are listed in Attachment B. S. Designate a senior client liaison, who will finalize budgets, schedules and timing and develop all project procedures. The History Factory will ensure that the City of Pueblo is satisfied with work progress and remains informed of status, questions and issues at all times. B. Special Services Services requested by the City of Pueblo beyond the original scope of the work and time frame under this Agreement ( "Special Services ") may result in additional fees and /or expenses. The History Factory will obtain the City of Pueblo's written approval of the estimated fees, expenses, and deadlines prior to providing any Special Services. 2. COMPENSATION The City of Pueblo agrees to pay The History A. Professional Services Fees Factory $44,120 for the Professional Services (See Attachment A) outlined in Section 1A above. B. Other Expenses (See Attachment A) The City of Pueblo agrees to reimburse The History Factory for agreed -upon out -of- pocket expenses incurred in support of the Professional Services outlined in Section IA above. These expenses shall not exceed $10,000 and include without limitation: • Travel and lodging; and • Laptop rental, photocopies, facsimiles, long distance charges, postage, express deliveries and other general office expenses. 3. BILLING AND PAYMENT SCHEDULE A. Professional Services The History Factory will bill the City of Pueblo for the Professional Services outlined in Section 1A above. The payment schedule is as follows: • $17,648 upon completion of the on- site assessment; • $17,648 upon delivery of draft of Section I of the report; • $8,824 upon delivery of draft of Section 11 of the report. Net 30 days. B. Other Expenses All out -of- pocket expenses listed in Section 2B above will be billed as incurred. Net 30 days. The History Factory will submit acceptable documentation with any expenses billed. C. Special Services Special Services, when requested by the City of Pueblo, will be invoiced and paid pursuant to the Terms of the approved and signed written estimate. S 4. GENERAL PROVISIONS A. Duration and Termination B. Ownership of Material The term of this Agreement shall commence on December 4, 2000 and continue until the draft of Section II of the report has been delivered to the City of Pueblo or until earlier terminated by the City of Pueblo. To terminate this Agreement prior to the end of this term, written notice must be given at least 30 days prior to the effective date of termination. In the event the City of Pueblo terminates this Agreement, except for termination of cause, the City of Pueblo will pay for all undisputed fees and out -of- pocket expenses under this Agreement incurred up to the effective date of termination. All materials created by The History Factory pursuant to this Agreement shall be treated as work made for hire, and ownership of such work shall be vested automatically in the City of Pueblo. C. Work Standards The parties agree that The History Factory shall perform the Professional Services as outlined in Section 1 in accordance with the pertinent section of applicable Secretary of Interior's Standards for Archealogy and Historic Preservation The History Factory shall perform all survey activities and submittals in accordance with the Colorado Cultural Resouce Survey Manual Volumes I and I1, June 1998, for any and all survey activities and projects; provided, however, the parties agree that the standards outlined herein shall not be applicable to the Professional Services outlined above. Rather The History Factory shall perform its Professional Services in accordance with the standards outlined in Attachment C. D. Relationship of the Parties Nothing stated in this Agreement will be construed as creating the relationships of joint ventures, partners, employer and employee, franchiser and franchisee, master and servant, or principal and agent. E. Non - discrimination The History Factory will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap or age. F. Attorneys Fees In any action between the parties to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover expenses, including attorneys fees and prejudgment interest. Venue for any such action shall be in Pueblo County, Colorado. G. Notices Any notice or other communication required or permitted under this Agreement shall be given in writing and delivered by hand or registered or certified mail, or express delivery postage prepaid and return receipt requested, to the following persons: If to The History Factory: If to the City of Pueblo: Bruce M. Weindruch James Munch Founder and CEO Department of Planning and Development H. Waiver Failure by either party to enforce the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement, and shall in no way affect such party's rights to later enforce any provision of this Agreement. I. Headings Headings in this Agreement are for reference only, and in case of a conflict between a heading and the content of a section, the content shall control. J. Entire Agreement This Agreement and its Attachments constitute the entire understanding between the City of Pueblo and The History Factory with respect to the subject matter contained herein and supersedes all prior agreements, understandings and negotiations with respect to the subject hereof. No waiver, modification or addition to the Agreement shall be valid unless in writing and signed by the parties. 0• The parties hereto indicate their acceptance of this Agreement by their signatures below. IL fc ay- Bruce ruce M. Weindruch (date) Founder and CEO Informative Design Group, Inc. (d.b.a. "The History Factory' oo Corinne Koehler (date) City Council President City of Pueblo, Colorado 7 ATTACHMENT A: PROFESSIONAL SERVICES FEES AND EXPENSES ITEMIZATION OF PROFESSIONAL SERVICES FEES To Complete the Assessment and Section I of the Report... Logistics and Team Preparation $2,050 On -site Assessment $18,400 Report and Recommendations: Section I $9,850 Project Management $2,300 Subtotal $32,600 To Complete Section II of the Report... Report and Recommendations: Section II $10,520 Project Management and Senior Counsel $1,000 Subtotal $11,520 TOTAL $44,120 ITEMIZATION OF OTHER EXPENSES To Complete the Assessment and Section I of the Report... Travel and Lodging $7,500 General Office Expenses (laptop rental, facsimile, photocopies, courier, express deliveries, postage, etc.) $2,300 Subtotal $9,800 To Complete Section II of the Report... General Office Expenses (facsimile, photocopies, courier, express deliveries, postage, etc.) $200 Subtotal $200 TOTAL $10,000 R: ATTACHMENT B: WORK PLAN AND TIMETABLE To Complete the Assessment and Section I of the Report... Project Management and Senior Counsel Ongoing Logistics and Team Preparation November 2000 On -site Assessment December 4 - 13, 2000 Report Writing: Section I December 18, 2000 - January 16, 2001 Draft Delivery of Report: Section I January 19, 2001 Final Delivery of Report: Section I February 9, 2001 To Complete Section II of the Report... Information Gathering: Section II January 22 - February 2, 2001 Report Writing: Section II February S - 13, 2001 Draft Delivery of Report: Section II February 16, 2001 Final Delivery of Report: Section II March 9, 2001 0 ATTACHMENT C See attached letter... 10