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
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TAMU -CC
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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.
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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
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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.
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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:
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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
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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
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