HomeMy WebLinkAboutC2012-390 - 11/20/2012 - ApprovedINTERLOCAL COOPERATION AGREEMENT
BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI
AND THE CITY OF CORPUS CHRISTI REGARDING ONGOING
COMMUNITY NEEDS ASSESSMENTS
WHEREAS, Texas A & M University -- Corpus Christi ( "TAMUCC ") and the City of
Corpus Christi ( "City ") are authorized by Chapter 791 of the Texas Government Code to
enter into an interlocal cooperation contract;
WHEREAS, in Resolution 027467, the Corpus Christi City Council adopted the National
League of Cities' Platform format for Strengthening Families and Improving Outcomes
for Children and Youth, and established the essential platform components for a
sustained community effort to achieve the Platform's objectives;
WHEREAS, the platform objectives included the funding of the Texas A &M University
Social Science Research Center or like entity to complete ongoing community wide
assessments for needs and assets, interpret the data and define priorities;
NOW, THEREFORE, the parties hereto agree as follows:
1. PURPOSE. The purpose of this Agreement is for TAMU -CC Social Science
Research Center to complete ongoing community wide assessments for needs and
assets, interpret the data and define priorities as described in the Resolution No.
027467.
2. STATEMENT OF WORK. TAMUCC agrees to perform all services as outlined
Exhibit A, and projects that the City will receive all required reports and data described
in Exhibit A, no later than August 31, 2013.
3. PRINCIPALS. The work will be supervised by Philip W. Rhoades, Ph.D. Professor
of Criminal Justice and Regents, Director of the Social Science Research Center. If, for
any reason, he is unable to continue to serve, and a successor 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 in Exhibit A shall be conducted
through August 31, 2013 or until all required reports and data have been accepted by
the City, whichever date is earlier.
5. PRICE AND PAYMENT.
a. The City agrees to provide initial funding to TAMUCC for the completion of this
agreement up to up to Twenty -two thousand eight hundred seventy dollars and eight
cents ($22,870.08).
b. TAMUCC agrees to provide additional funding for the completion of this agreement
up to Six thousand seventy -seven dollars and four cents ($6,077.04).
2012 -390 Page 1 of 7
11/20/12
TAMU -CC Res. 029677
INDEXED
c. If additional funds become available to either party, the City Asst. Director of Parks
and Recreation and TAMUCC Director of Social Science Research Center may execute
amendments to this Interlocal Agreement to utilize the additional funds for additional
components of the community assessment.
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. Invoices for compensation shall be submitted to the following address:
City of Corpus Christi
Attn Reba George, Parks and Recreation
P.Q. Box 9277
Corpus Christi, TX., 78469 -9277
g. The initial budget for this contract is shown on Exhibit B.
6. DELIVERABLES. The deliverables required under this agreement are specified in
the Exhibit A. The City retains ownership of all deliverables provided under this
Agreement. The City grants TAMUCC the right to 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. TAMUCC
is authorized to freely distribute the deliverables at no cost to third parties, so long as
the deliverables are marked with following City of Corpus Christi copyright information
on each page in size 12 font or larger: "Copyright City of Corpus Christi, Texas; All
rights reserved."
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.
Upon termination without cause, TAMUCC will be reimbursed as specified in Paragraph
5 of all costs and non - cancelable commitments incurred in the performance of the
program, that are reimbursable under the Grant.
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, #5853
Corpus Christi, TX., 78412
Attn: Dr. Philip W. Rhoades, Director, Social Science Research Center
Page 2 of 7
Telephone: (361) 825 -2637
Fax: (361) 825 -3762
XF&1
City of Corpus Christi
Attn: Stacie Talbert, Assistant Director of Parks and Recreation
P.O. Box 9277
Corpus Christi, TX., 78469
Telephone: (361) 826 -3466
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.
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.
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.
Page 3 of 7
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. If the Chapter 2260 procedures are utilized both parties agree that the TCEQ
may intervene in the proceedings as an interested party.
c. 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 UNIVERSITY -- CORPUS CHRISTI
Date
President fo�Aes4re%
Waliza #ion and Out
CITY OF CORPUS CHRISTI
ATTEST
Armando Chapa
City Secretary
APPROVED AS TO FORM:
This' day of 00- , 2012
Lisa Aguilar
Assistant City Attorney
For City Attorney
By:
-r1
Date:
Ronald L. Olson
City Manager
of 0011c'm
Page 5 of 7
Exhibit A
Work to be Performed and Deliverables
[to be inserted]
Page 6of7
Texas A&M University - Corpus Chfisti
College of Liberal is
Social Science Research Center
6300 Ocean Drive, #5853, Corpus Christi Texas 78412 361 -825 -3206 FAX: 361 -825 -3784
1. The Risk Factor Data File from the 2009 -2010 CCY Data Project would
be updated.
2. The Nueces County Data file from the 2009 -2010 CCY Data Project
would be updated.
3. The PowerPoint slide file that reflects a three to five year image of the
data in items 1. and 2. above would be updated.
4. The Data File and PowerPoint file would be placed on appropriate web -
sites and would be available from the SSRC on CD.
5. Where data are available, they would be collected by postal zip codes or
by census blocks /tracts.
6. The set of 7 fact sheets produced for the CCY Data Project 2009 -2010
would be updated. Additional fact sheets would be produced as
appropriate after consultation with the CCY
7. Presentations would be available to community groups during the project
year and would be supported with fact sheets toward the latter part of the
project year.
8. The 2010 summary narrative of limited scope will be updated from an
analysis of the risk and, protective factor data.
9. The 2010 summary narrative of limited scope will be produced from an
analysis of the Nueces County data file.
10. A narrative that describes the uses of the data and the project's products
will be created as either an addition to the narratives in 8 and 9 above or as
a separate document.
11. All data files, slide file, fact sheets, and reports would be available in
electronic form, on CD, and on the SSRC web -site.
12. Oral progress reports would be made to the Commission at its meetings as
desired.
Dr. P. Rhoades, as Principle investigator, would supervise the project year round. Two
(2) student research assistants would be hired, trained, and supervised to perform most of
the day to day tasks.
The Project will be supported by the facilities and equipment of the SSRC.
CORPUS ■
Exhibit B
Initial Budget
Page 7of7
City Funds
TAMUCC Funds
PI Rhoades (.25 time summer)
$6,530.00
Fringe
$1,600.00
Research Assistant 1: 660 hours @ $12 /hour
$7,920.00
Fringe
$ 182.72
Research Assistant 2: 660 hours @ $12 /hour
$1,980.00
$5,940.00
Fringe
$ 45.68
$ 137.04
M &O, office supplies, telephone
$ 800.00
Indirect costs (.20 direct costs)
$ 3,811.68
TOTAL
$22,870.08
$6,077.04
PROJECT TOTAL:
$28,947.12
Page 7of7