HomeMy WebLinkAboutC2008-111 - 4/8/2008 - Approved r
19AT
TEA A~iM UNIVERITY~CGRPU CHRISTI
CGNTRACTIAGREEMENT
Contract Number: 0314aS
This agreement including Exhibits} is entered inte between the CITY CARPUS CHRISTI
CITY}, a Texas heme~rule municipal corporation, acting herein by its City Manager, duly
authorized by action of tts City Council, and Texas A& University-Carpus Christi, a rr~ember
of The Texas ABM University yten~, an agency of the State of Teas, TAMU-}, acting
herein by its Director Purchasing, who has been delegated authority to approve interlacal
contracts by action of the Board of Regents of the Texas ANI University System, for purposes
of the Texas Interlocal Cooperation Act, Texas Government Cade, Chapter 7~1, to achieve
efficiency in meeting intergovernmental responsibilities. City and TAMU-C are collectively
referred to herein as the "Parties."
wITN'EETH that the CITY and TAMU-CC, in consideration of the mutual covenants,
premises, and agreements herein contained, agree as follows:
1. P~JRP~E
TAIVIU-CC wi11 develop a "Community ~isianing Project", ~"the Project"} which is outlined
in Attachment "A". The scope of ser~rices provided in phase I of the Project include the
fallowing:
• To obtain a community survey,
• To obtain the services of a community visioning consultant,
• Ta obtain the services of a pro
j ect manager, and
• To fund the meetings and communication necessary far Phase 1 of the "Community
~1Sianin.g Prod ect,"
~1VIPENATI~N AND METIID PAYMENT
A. In consideration of the services provided, the City will pay TAMU-CC the sum of
$4,41 a far the services described in the Budget in "Attachment B", City agrees to male
said payment in two installments, The first installment of ~25,~aa shall be made
upon final execution of this Agreement and the second and final installrrient of $4,41 a
shall be made on or about May 1 ~~a. TAMU-CC will be the fiscal agent for the
Prefect.
3, TERM ~F TAE ~NTRAT
This contract shall corr~,ence on or about March 1 2~~5, and shall tei7minate on July 31,
~O~S~I11
441~51~
Res. ~Z739
TAMU-
4. I~I~NTRAT DI~I~[]MENT
The contract dacunr~ents shall consist of the following Misted in order afprecedence~ a, ttacl~ed
to and inca orated as art ofthis a cement:
A, This Executed Agreement;
B. Attachment "A" ~ Praspctus far omm~nlty ~~slaning Project
Attachment -Budget
vNI~~
This Agreement is performable in N'ueces bounty, Texas Pursuant to section ~ l S, ~'e~as
~duca~~a~ 'od, venue for any suit filed against TAMU- shall be IIl the county In which
the primary office of the chief executive officer ofTAU- is lacated.
. I~VERNINIi LAw
The validity of this Agreement and all matters pert~.1ning to this Agreement, Including but
not limited ta, matters of perfarance, non-performance, breach, remedies, procedures,
rights, duties, end interpretation ar construction, shall be governed and determined by the
constitution and the laws of the State of Texas.
7. ~vEI~ABI~IT'Y
If any part of this Agreement shall be held illegal, unenforceable, ar in conflict with any law,
the validity of the remalrlln portions shall not be affected hereby.
8, ENTIRE AR~EI~I~NT
This document constitutes the entire agreement between IT'Y and TAMU-~. This
document supersedes all oral ar written previous and contemporary understandings ar
agreements relating to matters contained herein, This Agreement nay not be amended or
otherwise altered except by mutual agreement In writing signed by 1TY and TAMU.
9. AINENT
This Agreement is not assignable without express written agreement of CITY and TAMU-
14, INDEIVINI~`II~ATi~N
To the extent permitted by the laws and constitution of the State of Texas, both Parties agree
to defend, indemnify and hold harmless the other Party, and their respective agents, officers
and employees from and against any and all liability or damages incurred in connection with
claims for damages of any nature resulting Erato bodily injury, death, personal injury or
property damage arising from the negligent or willful acts or omissions of the indemnifying
Party, its agents or employees Igo party to this Agreement shall be liable for any negligent
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or wrongful act to the extent caused by any other party to this .Agreenrlent unless hand to the
extent that} any such liability is imposed by a court of competent j urisdiction.
11, iVIAJEURE
Neither party is required to perform any term, condition, or covenant of this Agreement, if
performance is prevented or delayed by a natural occurrence, a fire, an act of hod, an act of
terrorism, or other similar occurrence, the cause of which ~s not reasonably within the control
of such party and which by due diligence it is unable to prevent or overcome.
1 DISPUTE RE~~i~TII~N
The dispute resolution process provided in Chapter ~0~, of the ~'exas over~ra~~r~t 'ode
shall be used by TAU~CC and the City of Carpus Christi to attempt to resolve any claim
far breach of contract made by either party that cannot be resolved in the ordinary course of
usiness.
1. STATE I~QNTII~TINIi REOi~IREIVIEI~T
A„ PUBL~~ INFORMATION AST:
The Parties acknowledge that bath Parties to this Agreerrient are obligated to strictly
comply with the Public Information Act, Chapter 55~} ~'e~as overn~n~ 'ode, in
responding to any request for public inforrnatian pertaining to this Agreement,
B. N~NRwAIVER ~I~OVISI~N,
CITY expressly acknowledges TAMU-CC is an agency of the state of Texas and nothing
in this Agreement wi11 be construed as a waiver or relinquishment by TAIVIU-CC of its
right to claim such exemptions, privileges, and immunities as may be provided by law.
14. NHTI~E
Any native required ar permitted under this Agreement must be in writing, and shall be
deemed to be delivered whether actually received or ~ot~ when deposited with the United
Mates Postal service, postage prepaid, certlf
ied mall, return receipt requested, and addressed
to the intended recipient at the address set out below. Native nosy also be given by regular
mail, personal delivery, courier delivery, facsimile transmission, email or other co~ninererally
reasonably means and will be effective when actually received, TAMU-CC and CITY can
change their respective native address by sending to the other party a notice of the new
dressf Notices should be addressed as follows
TAMU- Texas ABM University-Corpus Christi
~0~ Corpus Christi -Unit 57 1
corpus Christi, T~ 741 ~-5~" 1
Attention: Judy Harrel, Purchasing Director
Phone: ~3G 1 } S~-3~
Fax: ~3~1~ 8252772
~-mail: ~ud,.harraltamuc~,edu
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Attachment "A"
Prospectus for on~munity visioning Project
background
~n recent months, the Coastal Bend has experienced considerable differences of opinion as various
pro
j ects, proposals and ideas that will affect the city's future have come forward. There is also a
growing recognition in several arenas that the community must learn to negotiate its differences of
opinion in a way that leads to positive outcomes far the future. ~t the same time, several
organisations in the community are beginning or engaged in planning efforts that will affect and be
affected by the overall direction of the canlmunity, The tirrie is therefore right to launch a
community-wide process that builds on these individual efforts and results in a unified vision and
action plans that will move the community forward in a more systematic and positive manner.
As the two higher education institutions vested in the social and economic vitality of the Coastal
fiend, Texas A~M CJniversity'Carpus Christi and Del Mar College believe they are uniquely situated
to initiate such a process. This prospectus outlines a concept for how the institutions, using a proven
model for community ~risioning, could help the community develop a vision that has broad consensus
and the action plans to make the vision reality.
guiding Principles
The process that ABM-Corpus Christi and Del Mar College would design will be based on the
fallowing principles:
• ~M-Carpus Christi and Del Mar will prav~de an objective arena ~n which to design
and conduct a civil dialogue Qn the future of Carpus Christi that bangs stakeholders
together in a productive relationship.
• The project structure will elude multiple stakeholders and multiple sponsorships.
• The resulting vision will be for the community as a whale; economic development,
health care, growth, education, quality of life, etc.
• The process will include rigorous collection and analysis of data to understand our
current position, key emerging trends and issues, and to validate the vision when it is
developed.
There will be oppoi~unity for broad public involvement from all sectors of the
carnn~unity,
• The process will be designed with the assistance ofa community visioning expert and
will be enriched by the involvement of many institutional and community resources,
eueral ~utlineey ActivitreslTimeline
Phase ~ ~four~ ~o s ~o~~hs}
• Process design
• research and data collection and analysis to answer the question: where are we now?
Phase ~I (r~irte ~~ve raort~hs}
Creating and validating the vision: Answers the question: where da we want to be?
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phase !II {sr`x ~r'r~e ~on~~s}
• Developing an action plan. Answers question: How do ~e get there?
Phase ~V {D~oi~g}
• Irriplementatianond monitoring for accountability: Answers question: How are we
oing?
~enernl outcomes of a ~isianing Project
• Build greater consensus on strategic direction far the community.
• Identify and empower community leaders to reach the community's collective goals.
• Engage Texas ABM-Carpus Christi and Del ~Vlar college in the connnunity so each
can fulfill higher education needs in a way that is consistent with the community
. ~
v1s10n.
• Develop capacity for civil discourse on important community topics,
Deliverables of a Vxsloni~rg Project
Phase I: Cona~nunity profile, values statement and statement of emerging trends and
issues
• Phase II: ~isian staten~er~t
• Phase III: Action plan
• Phase I~; strategy to support ongoing implementation. Periodic progress reports to the
wider community.
Cast and Funding sources
The cast far similar projects in other cities has been from $2a,a4a to SOO,~aa.
• Typical cost elements from other projects include staff, surveys, meetings, consultants
and carnunicatians.
• If the Council is receptive to the concept, a will develop a budget for Phase I.
• Budgets far subsequent phases would be developed during Phase I, based an the
process design adopted,
• Funding sources could include the city and other stakeholders identified during the
design phase. The University and Del Naar College will provide staff tune and in-kind
contributions. we have already invested $1,5a~ in consulting costs and many hours of
stafftime as we considered making this proposal
what we're As~ng From Council
• Endorsement of the concept presented in the prospectus,
• If endorsed, initial funding for Phase I.
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Attaenent "B"
~v~~~~
~ ~ ~ll~~t ~CC~1 ~~~Lll
Survey $ ~
Consultant $14,41 ~
Project Manager 1~,~~~
Publiction~ 3,000
Meetings $1,00
Postage, Mallings
MiscellaneouslContingne~ 1,00
~~~,aio
Rage 7 of7
pity of ~ pity corpus ~hri~ti
1 I Leopard
corpus h~isti, TX 7840 ~
,Attention: George I~, NQ~, City ll~anaer
Phone: ~3G ~ } 880-~2~~
~'ax: ~3~1} Sid-838
mail; eor encctexas.com
1, DE~A~~JL'I~ D T~RMINA,TI~N
A, lT~ and TA~VIU~~ mad, v~it~out cause, terminate this ~greerrient at any tine
upon giving thirty X30} days advance notice to either parties
~i] '~T~iE the p~rtl~ have Caused this contract to duly executed lntending to
~?~UI1C~ thereby.
~t~ Ut'puS ~h.r~st1: TE~1~ AFL C]N~~ERITY-~~~~~
~HR~TI:
dame ~ ~ ~ ~ Name : '~t
P dIT~ I~a~ Pri~te~l ypd rye
Tltle: Tltle: ~~'V
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Date. Date:
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