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HomeMy WebLinkAboutC2011-441 - 10/25/2011 - NAAGREEMENT FOR CITIZEN SURVEY SERVICES BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, the City of Corpus Christi seeks to objectively assess citizen satisfaction with the delivery of services and trends from date of last survey. Objectives of the survey include the following: 1. Determine general perception of residents across broad areas; 2. Determine overall satisfaction with various aspects of city services by major category; 3. Determine if need for and overall satisfaction with City services varies geographically throughout the city; 4. Determine residents perception of confidence and trust in leadership; 5. Determine residents prioritization of services — not just ranking; 6. Determine residents perceived value of services for level of taxes; 7. Determine residents level of "pride" in City; 8. Benchmark satisfaction with other larger communities across the nation. WHEREAS, the survey objectives include the funding of the Texas A &M University Social Science Research Center or like entity to complete a community wide survey and interpret the data, NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMU -CC Social Science Research Center to develop and complete a community wide survey and interpret the data pursuant priorities as described above. . 2. STATEMENT OF WORK. TAMUCC agrees to assist in the development of a survey instrument, conduct a community wide survey, analyze and report the findings to City management. Projections are that the City will receive all required reports and data described above no later than February 20, 2012 with additional data analysis and consultation as necessary and as time will allow until the end of the contract period. 3. PRINCIPALS. The work will be supervised by Daniel J. Jorgensen, Ph.D. Professor of Public Administration. Ms. Toby Futrell shall be a subcontractor to TAMU -CC and act as a research associate on this matter. If, for any reason, they are unable to continue to serve, and a successor(s) acceptable to both TAMUCC and the City is not available, this agreement shall be terminated as provided herein. 4. PERIOD OF PERFORMANCE. The work described above shall be conducted from November 1, 2011 through August 31, 2012, or until all required reports and data have been accepted by the City, whichever date is earlier. 5. PRICE AND PAYMENT. 2011 -441 10/25/11 Texas A &M University -CC Page 1 of 7 INDEX �N�G/� V . 1 a. As compensation for the performance of the agreement, the City agrees to pay TAMUCC a flat fee contract of seventeen thousand dollars and no cents ($17,000) as itemized in Exhibit A. b. The parties agree the City shall provide printing of the final survey instrument which will be distributed during the survey period. c. The parties agree the City will not pay more than 10% in in- direct costs for this project. d. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. e. The parties acknowledge that continuation of this agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. f. Full compensation of $17,000 will be due no later than 30 days after submission of the formal report to the City Manager. The invoice for compensation shall be submitted to the following address: City of Corpus Christi Attn: Saundra Thaxton P.O. Box 9277 Corpus Christi, TX. 78469 -9277 6. DELIVERABLES. The deliverables required under this agreement are: a. The construction of a survey that meets the criteria and objectives of the research project stated above, due on or about November 7, 2011. b. The implementation of a community -wide survey data gathering which will be completed on or about December 15, 2011. c. The delivery of a preliminary data report in the form of a powerpoint presentation on or about January 20 ", 2012. d. A formal report to the City Manager by February 15, 2012. e. Data analysis and consultation on data as necessary and as time will allow until the end of the contract period. f. The City retains ownership of all deliverables provided under this Agreement. Upon prior written agreement of the City Manager, TAMUCC may utilize the deliverables provided under this Agreement for the purposes of research, instruction, and public education, with appropriate citation to the City of Corpus Christi as the funding source. Page 2 of 7 7. TERMINATION. Performance under this agreement may be terminated by the City with or without cause upon sixty days written notice. Performance may be terminated by TAMUCC, if circumstances beyond its control preclude continuation of the program. 8. NOTICES. All notices to parties under this Agreement shall be in writing and sent to the names and address stated below. Either party to the Agreement may change the name and address by notice to the other in accordance herewith, and any change shall take effect immediately upon receipt of the notice. TAMUCC Texas A & M University - Corpus Christi 6300 Ocean Drive, Unit 5826 Corpus Christi, TX., 78412 Attn: Dr. Philip W. Rhoades, Director, Social Science Research Center Telephone: (361) 825 -2637 Fax: (361) 825 -2384 CITY: City of Corpus Christi Attn: Saundra Thaxton P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: (361) 826 -3682 9. LIABILITY. It is understood that City shall not be liable for any claims against TAMUCC, its employees, or third persons, other than City's employees, for damage resulting from or arising out of the activities of TAMUCC personnel under this Agreement, and TAMUCC agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold City harmless from any and all claims. It is also understood that TAMUCC shall not be held liable for any claims against City's employees, of damage resulting from or arising out of activities of the City, its employees, or third persons, other than TAMUCC employees, and City agrees, to the extent permitted by Section 49, Article III of the Constitution of the State of Texas, to hold TAMUCC harmless from any and all claims. (See attached Exhibit B) 10. INDEPENDENT CONTRACTOR. For the purposes of the agreement and all services to be provided under this agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this agreement or authorized in writing. 11. AMENDMENTS AUTHORIZED. Page 3 of 7 The representatives who were authorized to sign this agreement are authorized to execute minor amendments to this agreement, such as changes in deadlines and minor changes in the scope of work. 12. SEVERABILITY. If any of the provisions of the agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the agreement and the application of the provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent by applicable law. The City and TAMUCC agree that this agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13. DISPUTE RESOLUTION PROCESS. a. To the extent applicable, the dispute resolution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b. The Director of Purchasing, TAMUCC, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMUCC. 14. VENUE. TAMUCC acknowledges and agrees that because this agreement has been executed, and will be administered in Nueces County, Texas, the agreement is to be performed in Nueces County. TAMUCC acknowledges and agrees that any permissible cause of action involving this agreement will arise solely in Nueces County. If a legal action related to this claim is permissible and there are two (2) or more counties of proper venue under the rules of mandatory, general, or permissive venue, and one of the counties is Nueces County, TAMUCC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 15. MISCELLANEOUS. This agreement constitutes the entire agreement between the parties relative to the subject matter, and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Page 4 of 7 TEXAS A & M 7VERSITY -- CORPUS CHRISTI By: Dr. Lui Cifuentes Dean f Graduate Studies and Associate VP for Research and Scholarly Activities Texas A &M University -- Corpus Christi Date: // - 31 1Z - CITY OF CORPUS CHRISTI ►_11111*11 I a)--V-fC By: Armando Chapa City Secretary Date: Approved as to form: By: � Lisa Aguilar, A s tant City Attorney For the City At rney Page 5 of 7 Exhibit A: Proposed Budget Proposed Budget Citizen Survey 2011 Budget Personnel Jorgensen (170 hrs $7,395 @ $43.50 hr) Futrell (25 hrs @ 3,750 $150) sub contract Survey Assistants (10 2,187 @ 12.15 per hour, 18 hours each) Data Entry Assistants 1,215 (2 @50 hrs each, $12.15 per hour) Total personnel costs 14,547 Transportation to 300 survey sites Misc. Costs 453 Indirect Overhead 1,700 Cost (limited to 10% by City) Total Fixed Fee $17,000 Contract Page 6 of 7 Exhibit B: Insurance Requirements Letter ya; l OJ 1' Il 1 Texas A&M University Corpus Christi TO Whom It May Concern: The above- rrrentiorred Member ber or the Texas A&M llhlklersity 'Sy ern has rcquested vve provide. you with information regarding the insurance: provisions, Of The Texas A&M University sy�lem. The Texa A&M UiaiversiLy System i:s self insta ror Wiz €'ki�rs' C"«rltpej,ssaticara Insurance provided by Chapter 507 of the 'eyes Labor Code. e. erae.tits are prarvided in sate A-dan" With the provisions of that kiw. Late - wrie€1 vehicles of universities mid agencies of lhe 'rexas A&M Univ€:r�sijy Systejn are emempt frorn compulsory llability irasaraaraee requ serxic rater of the State of "i`exara. "I'[ai ex.en.rpti(in appears in ubtitic; D Motor. Vehicle S fbt ftes�)gnsifStliY�° +�IaYr�rtc�r° f�l 1.0t.0 r' chic irl5 °[iY i a A c e ' i ^iranw r ic�r� f Applicability of Qhaa lster to Govc ment Verl'ric-[e The haability of The Texas A&M University Sysu. >.nt for personal in and propt:rty damage is controlled by the Texaa,5 Toot Claims Art, vz.f",.A. Civil Practice a €tc"i Rem.edi .s Code Chapter 101, Section 101,02L The limits of i kaility are $250,000 liar each rersoaa, $500 for each single occ.urrrence for bodily iojury car death aria $ 100,000 for each singje caea;un for injury to or destruction o r ro[ieaty. Following this limited expostim, the System as a. stato a ency„ is protectcd by the doctrhua of srsvereign immunity, and Hs sr;rc;h, is sett - incur - ed rap to the aforementionod ling its:. WIC trust tlae above inforrrrkaion will provide the neeftssaar•y insurance iaaVOY131at:ion needed by year €• organization. If• we can be Of ally pkr;ast! let us know. Sincerely, Henry D. JLJdah CVC U C;L U C:hf laisk Ma3ntrger x'00 Tgchriotogy Ley Suito 1120 Collpgt Srati€tar„ Texas 77S4Sw: 979,V".6330 + M-459-6247 NX • S e it tklb. k C OMPLIS N49 1262 Page 7 of 7