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HomeMy WebLinkAboutC2013-165 - 5/2/2013 - NAINTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -- CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI 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, the City of Corpus Christi is required under provisions of Section 402 of the Federal Clean Water Act and Chapter 26 of the Texas Water Code to conduct public education program component in their Storm Water Management Plan promotes and publicizes the 1) public reporting of illicit discharges or improper disposal of materials including floatables into the storm water system; 2) the proper management and disposal of used oil and household hazardous wastes and 3) the proper use application and disposal of pesticides herbicides and fertilizers by public commercial and private applicators and distributors to the general public and assess those educational outcomes. This project is established under the approval of the Federal Environmental Protection Agency and the Texas Commission on Environmental Quality to study, evaluate, or otherwise examine 1) the public benefit of the City of Corpus Christi Department of Storm Water Services educational programs for the City of Corpus Christi; ii) procedures used under the storm water education programs; iii) possible changes in or alternatives to storm water educational programs; or iv) possible changes in methods or levels of educational services under storm water education programs. WHEREAS, the project objectives include the funding of the Texas A &M University Social Science Research Center conducting an anonymous random telephone survey of approximately 500 respondents of Corpus Christi, closely replicating the methodology and research instrument utilized in a similar project conducted by the University in 2008. NOW, THEREFORE, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is for TAMU -CC Social Science Research Center to conduct an anonymous random telephone survey of approximately 500 respondents of Corpus Christi and compare the data to that data gathered in 2008. 2. STATEMENT OF WORK. TAMUCC agrees to conduct an anonymous random survey of residents of the City of Corpus Christi regarding their knowledge, behavior and understanding of storm water issues utilizing a similar survey instrument and methodology to a previous survey conducted in 2008. The principle investigator will analyze the current data, compare it to the 2008 analysis and report the findings to City management. 3. PRINCIPALS. The work will be supervised by Daniel J. Jorgensen, Ph.D. Professor of Public Administration. If, for any reason, he is unable to continue to serve, and a 2013 -165 5102113 Page 1 of 7 TAMU -CC INDEXED 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 January 15, 2013 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. Total compensation for the performance of the agreement shall be a flat fee contract of eight thousand four hundred and fifty dollars and no cents ($8450.00). b. The parties agree they will not pay more than 20% in in- direct costs (IDC) for this project which is included in the $8,450 contract fee. c. As compensation for the performance of the agreement, the City agrees to pay TAMUCC a flat fee contract of four thousand four hundred and fifty dollars and no cents ($4450.00). d. The City requires cost share from the TAMUCC Environmental Health & Safety Office of $4000.00. e. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. f. The parties acknowledge that continuation of this agreement beyond current fiscal year is subject to annual budget process and appropriation of funds. g. Compensation of four thousand four hundred and fifty dollars ($4,450) from the City of Corpus Christi will be due no later than 30 days after signing the contract. The invoice for compensation shall be submitted to the following address: City of Corpus Christi Attn: Adria Schreiber -Garza Storm Water Department P.O. Box 9277 Corpus Christi, TX., 78469 -9277 h. Compensation from the TAMUCC Environmental Health & Safety Office will be transferred from the designated account within 30 days of signing the contract. 6. DELIVERABLES. The deliverables required under this agreement are: a. A file which includes data from the 2013 survey that can be read in excel form. b. A brief report of 2013 survey findings and comparison to 2008 data. Page 2 of 7 The City retains ownership of all deliverables provided under this Agreement. TAMUCC must receive permission from the City prior to using any information in any way. If permission is granted TAMUCC must provide 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 program, that are reimbursable under the Interlocal Cooperation 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 CITY Texas A & M University - Corpus Christi Office of Sponsored Research Administration Attn: Dr. Mayra Hough 6300 Ocean Drive; Unit 5844 Corpus Christi, TX., 78412 -5844 Telephone: (361) 825 -3882 Fax: (361) 825 -3920 City of Corpus Christi Attn: Adria Schreiber -Garza Storm Water Department P.O. Box 9277 Corpus Christi, TX., 78469 Telephone: 361.826.1846 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) Page 3of7 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. 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. Page 4 of 7 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. TEXAS A & M UN VERSITY -- CORPUS CHRISTI By: Dr. Ly9 Cifuentes VP or Research, Commercialization & Outreach Texas A &M University -- Corpus Christi Date: Y- z rr � CITY OF CORPUS CHRISTI ATTEST Armando ClialYa City Secretary APPROVED AS TO FORM: This ' Y, � day of , 2013 Lisa Aguilar -� Assistant City Attorney For City Attorney Date: ✓L By: Ron Olson City Manager Date: h'\ c-y 2-, 2-- 1 3 Page 5 of 7 Exhibit A: Proposed Budget Storm Water Survey Spring 2013 Personnel Dr. Daniel Jorgensen Salary $2,300 .104 FTE Maymester Fringe $575 25% of salary Student Research. Assistants Telephone assistant Wage $4,000 400 hours $10.00 per Fringe g $92 2396 of wage Total Personnel Costs 6957 Other Costs office supplies $75.00 Total Direct Costs 042 Indirect Costs 20% of Direct Costs $1,408 20% of direct costs TOTAL s 450 Payments City of Corpus Christi $4,454 TAMUCC Cost Share Environmental Health $4 ' Safety Office Total Payments S&45Q Page 6of7 Exhibit B: Insurance Requirements. Letter p q Aj A & UNj }..itsi ) S ` 1' }'. t �r pp s f'�f +� �tistrrn iZ3�l, llai�3�cnzen[. : 1; I Oil 3 /11 Texas A&M kiniversity Corpus Christ! To Whom It Mav Concerts: lie abbe- mentioned Member of the TCNZ -S A&AM l niyersit\ Sysi.ern has requested xve pro\idv you -with. information regardin- the insurance provisions of The Texas AcY L. %ni\crsity Svstcm. The Texas. AcK 1 1"niversit1 Svsteln is self - insured fc)r.l?t'orkcrs' Cotaapensation Insurance provided by Chapter 502 ofthe :ftxas i.ahor Co}c. f3cncl'sts. are provided in accordance \vit}i. the. provisions of thal !s\v. State- o \. \ned vehicles .of universities and agetacies.O Texas A&M University System arc exempt Frorn compulsory liability insurance requirements of the State of "Fc'xasJ 'I'llis exemption appears in Subtitle D Motor Vehicle Safety Res onsibilily_ Cha ter 601 N4otor Vehicle Safety Re ponsihi1h fact' Subchaptcr General Provisions: Section o07 a licability ofChapter to Govertiment Vehicle. The iiability of Thi '7'e.\as :4&M CJniversity S-1c ti, fior persona€ injur, and pmperti datna�ie is controlled by the Texas fort t'laims .pct_ VJ.:C.A. ('i ii Practice and Rerncdict Code_ ;laapter 101. Section 101.021- The limits cif liabi €itv are $250.f){l0 . for each person. S> ©0.()00 far each single oct;urrence for bodily in_jur'y o r death and S 100_000 li)r each single Occurrence fOr it jur- to or destruction of propert} _ f c71imving this limited exposure_ the Systern as a state a.gencv- is protected by the doctrine of sovereign immunity. and ns such, is self- insured tip to thi aforementioned linlils. We trLlst She above in1brunalion \ \ill provide the taccessan insurance inforination needed by )our organization. Il'\ve can he ofany furiherassistance . please let us l:no \ \. S1riCL't'tl \ - . . Risk l'lanaser '00 Tcchnnlog� \ \,n:. Suite ! I?O • Cnlle c Statiut,_'f'ex.,: 7?S4 -3424 979.4j8.633 I) - 979-459.624 7 1 fax • , •, r. q ,.cct t;ampus %V[ 1 62 Page 7of7