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HomeMy WebLinkAboutC2012-432 - 11/29/2012 - NAAGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, the City of Corpus Christi ( "City") is committed to monitoring the quality of the services the City's Development Services Department provides to residents and businesses of Corpus Christi, and is establishing an ongoing improvement process, the City seeks to objectively assess the Development Services Department through the use of internal and external assessment performance benchmarks. Objectives of the performance benchmark project include 1 . Determine internal metrics which will assess processes within the Development Services Department. 2. Determine customer satisfaction with the primary Development Services service areas. building and permits, Development Services administration, planning and zoning. 3. Determine customer perceptions of Development Services professionalism, knowledge of process, responsiveness to inquiries, communication in general, keeping customers informed of progress, meeting indicated timelines, and timeliness of service in the delivery of services. 4. Determine customer perceptions of comparison experiences with similar services in other communities, if available. 5. Develop performance benchmarks for Development Services, over time and with other communities, preferably in Texas. WHEREAS, the project objectives include the funding of the Texas A &M University Social Science Research Center or like entity to assist in the determination of appropriate metrics, develop an on -going customer 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 assist in the determination of appropriate metrics, develop an on- going customer survey and interpret the data for performance benchmarking in the City's Development Services Department. 2. STATEMENT OF WORK. TAMUCC agrees to assist in the development of internal and external performance metrics and conduct an on -going internet based customer satisfaction survey for the City's Development Services Department. The principle investigator will analyze and report the findings to City management. The City agrees to provide the researchers with access to, or the e-mail addresses of customers of the Development Services Department, and make customers aware they may be contacted via e-mail by the Social Science Research Center at TAMUCC. 3. PRINCIPALS. The work will be supervised by Daniel J. Jorgensen, Ph.D. Professor of Public Administration. Ms. Toby Futrell shall also act as a research consultant on this 2012 -432 11/29/12 Page 1 of 7 TAMU -CC INDEXED 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 December 1, 2012 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. As compensation for the performance of the agreement, the City agrees to pay TAMUCC a flat fee contract of fourteen thousand three hundred dollars and no cents ($14,300). b. The parties agree the City will not pay more than 20% in in- direct costs (IDC) for this project. c. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. d. The parties acknowledge that continuation of this agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. e. Compensation of fourteen thousand three hundred dollars ($14,300) will be due as outlined: e1. 50% ($7,150) will be due no later than 30 days from signing of the agreement by all parties. e2. 50% ($7,150) will be due no later than 30 days after submission of the formal report of customer service perception from the internet survey. 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 customer survey that meets the criteria and objectives of the research project stated above, due on or about December 15, 2012. b. The implementation of internet based customer survey data gathering process which will begin on or about February 1, 2013. Page 2of7 c. The delivery of monthly data reports in the form of a PowerPoint presentations on or about the 5 of each month beginning in March 2013 and continuing until August 2013. d. A formal report on perceptions of customer service over the six month period of February 1 to August 1 by August 15, 2013. e. Data analysis and consultation on internal metrics and data as necessary and as time will allow until the end of the contract period. 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. 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 agreement. 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. Dan Jorgensen Telephone: (361) 825 -3269 Fax: (361) 825 -3762 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 Page 3 of 7 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. 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. Page 4 of 7 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. TEXAS A & M UWVERSITY -- CORPUS CHRISTI Dr. L s Cifuentes VP or Research, Commercialization & Outreach Terkas A &M University -- Corpus Christi Date: 1 . a • P, 1 CITY OF CORPUS CHRISTI ATTEST Armando Chapa City Secretary APPROVED AS TO FORM: This day of , 2012 Lisa Aguilar Assistant Cit ttorney For City Attorney Date: IN Ronald L. CI City Manag Date: Page 5 of 7 Exhibit A: Proposed Budget Development Services Benchmark Preliminary Budget Personnel Dr. Daniel Jorgensen salary $ 5,527 .25 FTE Summer 2013 fringe $ 830 Student Research Assistant wage $ 2,400 200 hours $12.00 per hour fringe $ 56 2.3% of wage Toby Futrell Consultant $ 3,000.00 Total Personnel Costs $ 11,813 Other Costs office supplies $ 103.00 Indirect Costs 20% of Direct Costs $ 2,384 TOTAL $ 14,300 Page 6 of 7 M1 i Exhibit B: Insurance Requirements Letter :I'i- -3w A &M UtirN jz. - ry T I \1 ��, rv.lreit fZisk llstnat�en�e»r Y � 30/13/11 Texas A &M University Corpus Christi To 'W4`horn It Ma) Concern: The above - mentioned Member of the Texas A&M University System has requested we provide you with information regarding the insurance provisions o1' The Texas A&M University System. The Texas A&M t:niversity System is self- insured for Workers' Compensation Insurance provided b; Chapter 5112 of the Texas Labor Code. Benefits are provided in accordance with the provisions nfthat lain. State - owned vehicles of universities and agencies of the Texas A &M University System are exempt from coanptslsory liability insurance requirements of the State Or Texas. This exemption appears in Subtitle D. M( for Vchicic Saf'etu Responsibility Chapter 601 Motor Vehicle Safety Responsibility .pct- Sulacha ter A General Provisions_ Section 007 Applicabiliv, cif[hts ter to Government Vehicle. The liability of The "f4xa.s A&M University System for personal injury and property damage is controlled by the Texas Tort Claims Act; V.T.C.A. C iv1J Practice and Remedies Code. Chapter 141. Section 141.02 1. 'T'he limits of liability are $250;000 for each person. $5110:000 I each single occurrence for bodily injur or death and S I010.01,10 Ior eacT single occurrence tier injur�,' to tvr destruction of propem . Following this limited exposure. the System as a state agency. is protected by the doctrine of sovereign immunity, and as such. is self - insured up to the a #'c+rementioned l imits. ii "e trust the above information will provide the necessary insurance information needed by v our organization. If we can be of any further assistance, please let us know. Sincerely. Hem D. Judah. CVCU C1_t1 C'hFC. Risk Mansauer 200 Teehnolog3, A try, Suite 1 120 • Cot le,e Station. Tv as 77815 -.'424 970.4M.6330 • 979,45$_6247 fax • ww%,, --.! L 1 1AsAM C<arrapus %t6 1 .162 Page 7 of 7