HomeMy WebLinkAboutResolution - 2020-R0106 - Research Agreement With TTU - CCP And PRC Programs - 03/24/2020 Resolution No. 2020-RO 106
Item No. 7.16
March 24, 2020
RESOLUTION
WHEREAS, the City of Lubbock, a Texas home rule municipal corporation, desires to enter
into a Research Agreement with Texas Tech University, a public institution of higher
education of the State of Texas, to provide consultation and guidance regarding the
Community Coalition Program (CCP) and Prevention Resource Center (PRC) Program (the
"Activities"); and
WHEREAS, Texas Tech University has professional staff experienced and is qualified to
provide the professional services related to the Activities, and will provide the services, as
defined in the Research Agreement, for the price provided therein, said price stipulated by the
City and Texas Tech University to be a fair and reasonable price; and
WHEREAS, the City desires enter into a Research Agreement with Texas Tech University to
provide professional services related to the Activities, and Texas Tech University desires to
provide the services related to same; NOW,THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Research Agreement with Texas Tech University, a
public institution of higher education of the State of Texas, to provide consultation and
guidance regarding the Community Coalition Program (CCP) and Prevention Resource
Center (PRC) Program by and between the City of Lubbock and Texas Tech University, and
all related documents. Said Agreement is attached hereto and incorporated in this resolution
as if fully set forth herein and shall be included in the.minutes of the City Council.
Passed by the City Council on March 24, 2020
DANIEL M. POPE, MAYOR
ATTEST:
---- - -
Re.be ca Garza, City Se ret, y
APPROVED AS TO CONTENT:
Bill Howe n, Deputy City ager
APPROVED AS TO NORM:
Rya Br e, A sistant City Attorney
RL-'S.TTU-COLHD Research Agreement
3.17.20
Resolution No. 2020-RO 106
Contract 420-0363
RESEARCH AGREEMENT
This Agreement effective the I"day of March 2020, between the City of Lubbock (Sponsor) and
Texas Tech University, a public institution of higher education of the State of Texas (University).
The research program contemplated by this Agreement is of mutual interest and benefit to
University and to Sponsor, will further the instructional and research objectives of University in a
manner consistent with its status as a non-profit, tax-exempt, educational institution, and may
derive benefits for both Sponsor and University.
In consideration of the mutual covenants herein, the parties agree to the following:
Article 1 - Definitions
As used herein, the following terms have the following meanings:
1.1 "Project" means the description of the project as described in Appendix A, under the
direction of Eugene Wang as principal investigator.
1.2 "Contract Period" means the period from 03/01/2020 through 12/31/2020
1.3 "University Intellectual Property" means individually and collectively all inventions,
improvements, discoveries, and/or software that are conceived and/or reduced to practice
by one or more employees of University, in performance of research under this
agreement.
1.4 "Joint Intellectual Property" means individually and collectively all inventions,
improvements, discoveries, and/or software that are conceived and/or reduced to practice
jointly by one or more employee of University and one or more employees of Sponsor in
performance of research under this agreement.
Article 2 -Research Work
2.1 University will commence the performance of Project promptly after the effective date of
this Agreement, and will use reasonable efforts to perform such Project substantially in
accordance with the terms and conditions of this Agreement. Sponsor and University may
amend the Project at any time by mutual written agreement.
2.2 In the event that the Principal Investigator becomes unable or unwilling to continue
Project, and a mutually acceptable substitute is not available, University and/or Sponsor
will have the option to terminate the Project.
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Contract 420-0363
Article 3 - Reports and Conferences
3.1 University will provide brief written program reports (1-2 pages in length) to Sponsor
within 60 days of the conclusion of the Contract Period, or early termination of this
Agreement.
Article 4 - Costs, Billings, and Other Support
4.1 It is agreed to and understood by the parties that, subject to Article 2,total costs to
Sponsor will not exceed the sum of$ 89,582 Sponsor will make payments monthly after
receipt of an invoice from TTU. University will provide an invoice for each scheduled
payment to the following:
tnorris(i�,mvlubbock.us and kNN'cIIS(a),mVIUbbock.LIS
4.2 The budget included in Appendix A is a cost estimate only. The principal investigator
will be free to rebudget funds among budget categories.
4.3 If the contract continues for the full contract period as specified in Article 1.2 any funds
remaining at the end of that period will be the property of the University.
4.4 University will retain title to any equipment purchased with funds provided by Sponsor
under this Agreement.
4.5 In the event of early termination of this Agreement by Sponsor pursuant to Article 9,
Sponsor will pay all costs accrued by University as of the date of termination, including
non-cancelable obligations incurred prior to the effective date of termination.
Article 5 -Publicity
5.1 Sponsor will not use the name of University, nor of any member of University's Project
staff, in any publicity, advertising, or news release without the prior written approval of
an authorized representative of University. University will not use the name of Sponsor,
or any employee of Sponsor, in any publicity without the prior written approval of
Sponsor.
5.2 University will have the right to include the Sponsor's name, the title of the Research
Project, and the amount of finding in standard internal and external reports.
Article 6 -Publications
6.1 Sponsor recognizes that under University policy, the results of University Project must be
publishable and agrees that Researchers engaged in Project will be permitted to present at
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Contract#20-0363
symposia, national, or regional professional meetings, and to publish methods and results
of Project in journals, theses, dissertations, or other media of their own choosing.
University will furnish copies of any proposed publication or presentation to Sponsor at
least sixty (60) days in advance of the submission, proposed publication, or presentation
to a journal, editor, or other third party. Sponsor will have thirty(30) days after receipt of
the copies to object to the proposed presentation or proposed publication because there is
patentable subject matter that needs protection. If Sponsor objects, the Researcher(s) will
refrain from making such publication or presentation for a maximum of ninety(90) days
from date of receipt of the objection in order for patent applications(s) to be filed with the
United States Patent and Trademark Office and/or foreign patent offices(s) directed to the
patentable subject matter contained in the proposed publication or presentation.
Article 7 - Intellectual Property
7.1 All rights and title to University Intellectual Property under Project will belong to
University and will be subject to the terms and conditions of this Agreement.
7.2 Rights to inventions, improvements and/or discoveries, whether patentable or
copyrightable or not, conceived and first actually reduced to practice solely by employees
of Sponsor will belong to Sponsor. Such inventions, improvements, and/or discoveries
will not be subject to the terms and conditions of this agreement.
7.3 University will promptly notify Sponsor of any University Intellectual Property conceived
and/or reduced to practice by University with support of Sponsor and in performance of
research during the Contract Period under this agreement. If Sponsor directs that a patent
application or application for other intellectual property protection be filed, University
will promptly prepare, file, and prosecute such U.S. and foreign application(s) in
University's name. Sponsor will bear all costs incurred in connection with such
preparation, filing, prosecution, and maintenance of U.S. and foreign application(s)
directed to the University Intellectual Property. Sponsor will cooperate with University to
assure that such application(s) will cover, to the best of Sponsor's knowledge, all items of
commercial interest and importance. While University will be responsible for making
decisions regarding scope and content of application(s) filed and prosecuted, University
will give Sponsor an opportunity to review and provide input. University will keep
Sponsor advised as to all developments with respect to the application(s) and will
promptly provide to Sponsor copies of all papers received and filed in connection with
the patent applications in sufficient time for Sponsor to comment.
7.4 If Sponsor elects not to exercise its option or decides to discontinue financial support of
the prosecution or maintenance of the protection, University will be free to file or
continue prosecution or maintain any such application(s), and to maintain any protection
issuing in the U.S. and in any foreign country at University's sole expense.
7.5 All rights and title to Joint Intellectual Property shall be determined in accordance with
U.S. Patent law. Arrangements for Joint Intellectual Property shall be negotiated.
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Conduct#29&J
Article 8-Grant of Rights
8.1 Pursuant to Article 7.3,to the extent that University will have the legal right to do so, and
provided that Sponsor pays all direct and indirect costs of the Statement of Work
including a proportionate share of all researcher salaries and benefits, Sponsor will have a
time-limited first right to negotiate a license to the University's interest in any University
Intellectual Property conceived and/or reduced to practice by University with support of
Sponsor and in performance of research during the Contract Period under this agreement.
8.2 Sponsor will notify the University in writing within thirty(30) days of notice (election
period) of disclosure to Sponsor whether it wishes to secure an option or license to
University's interest in the disclosed intellectual property. Sponsor will have ninety(90)
days from the date of election to conclude such option or license agreement with
University. If the option or license negotiation is not concluded within the 90 days, or if
Sponsor does not notify University of its wish to secure an option or license within the
election period, neither party will have any further obligation to the other with respect to
the University's interest in the subject intellectual property.The rights will be disposed of
in accordance with University's Operating Policy 74.04 (Intellectual Property Rights).
Article 9-Term and Termination
9.1 This agreement will become effective upon the date first written above and will continue
in effect for the full duration of the Contract Period unless terminated in accordance with
the provision of this Article.The parties may extend the term of this Agreement for
additional periods as desired under mutually agreeable terms and conditions that the
parties reduce to writing and sign. Either party may terminate this agreement upon ninety
(90)days prior written notice to the other.
9.2 In the event that either party commits any breach of or default in any of the terms or
conditions of this Agreement, and fails to remedy such default or breach within thirty(30)
days after receipt of written notice from the other party,the party giving notice may,at its
option and in addition to any other remedies which it may have at law or in equity,
terminate this Agreement by sending notice of termination in writing to the other party.
The termination will be effective as of the date of the receipt of the notice.
9.3 Subject to Article 8,termination of this Agreement by either party for any reason will not
affect the rights and obligations of the parties accrued prior to the effective date of
termination of this Agreement.No termination of this Agreement, however effectuated,
will affect the Sponsor's rights and duties under Article 7,or release the parties from their
rights and obligations under Articles 4, 5, 6, 7, 8, and 10.
9.4 Neither party shall be liable for any failure or delay in performance under this Agreement
(other than for delay in the payment of money due and payable hereunder)to the extent
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Contract#20-0363
such failure or delay is proximately caused by causes beyond that party's reasonable
control and occurring without its fault or negligence.
Article 10 - Independent Contractor
10.1 In the performance of all services hereunder:
10.1.1 University will be an independent contractor and, as such, University will not be
entitled to any benefits applicable to employees of Sponsor.
10.1.2 Neither party is authorized or empowered to act as agent for the other for any
purpose and will not enter into any contract, warranty, or representation on behalf
of the other as to any matter. Neither party will be bound by the acts or conduct of
the other.
Article 11 - Insurance
11.1 University represents that University has adequate Worker's Compensation Insurance,
which is applicable to officers, employees, and agents while acting within the scope of
their employment by University, and University has no liability insurance policy as such
that can extend protection to any other person.
11.2 Each party hereby assumes all risks of personal injury and property damage attributable to
the negligent acts or omissions of that party and its officers, employees, and agents.
Article 12 - Governing Law
This Agreement will be governed and construed in accordance with the laws of the State of
Texas. Venue for any claim arising under this agreement will be the state courts of Lubbock
County,Texas.
Article 13 - Assignment
This agreement will not be assigned by either party without the prior written consent of the
parties.
Article 14- Agreement Modification
An agreement to change the terms of this Agreement will be valid only if the change is made in
writing and approved by mutual agreement of authorized representatives of the parties. The
contract period may be extended by mutual agreement of parties, which may be communicated
by email/letter, and will not require a formal modification of the Agreement.
Article 15 - Notices
15.1 Notices, invoices, communications, and payments will be deemed made if given by
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Contract##20-0363
registered or certified envelope, postage prepaid and addressed to the party to receive
such notice, invoice, or communication at the address given below, or such other address
as may hereafter be designated by notice in writing.
If to Sponsor:
Katherine Wells
Director of Public Health
City of Lubbock
PO Box 2000
Lubbock, Texas 79457
806-775-3942
kwells@mylubbock.us
If to University and a contractual matter:
Emily Everette
Program Director, Office of Research Services
Texas Tech University
2625 Memorial Circle—Administration Building#349
P.O. Box 41035
Lubbock, TX 79409-1035
806.742.3884
emi Iv.everette0,'tttl.edu
If to University and a technical matter:
Eugene Wang
Associate Professor
Texas Tech University
1309 AKRON AVE
Lubbock, TX 79409
806.834.3787
eu�ene.wan<_r!cr`ttu.cdu
15.2 By written notice to the other, either Party may change the address to which such notices
or communications are to be sent.
Article 16—Dispute Resolution and Sovereign Immunity
Sponsor will use the Texas Government Code, Chapter 2260's dispute resolution process to
attempt to resolve any claim for breach of contract arising under this Agreement that is not
resolved in the ordinary course of business.
Article 17—Sovereign Immunity
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Contract 420-0363
Neither party waive sovereign immunity by its execution of or by any conduct of their
representatives under this agreement, and the dispute resolution process does not affect either
party's right to assert all claims and defenses in a lawsuit.
Article 18—Nonwaiver
The failure of either Party to insist on or enforce strict performance by the other Party of any of
the terms of this Agreement will not be construed as a waiver or relinquishment to any extent of
its right to assert or rely upon such terms or rights on any future occasion.
This agreement is executed in duplicate and is effective as of the day and year first referenced
above.
Sponsor Texas Tech University
By: Daniel M. Pope By: Emily Everette
Title: Mayor Title: Program Director, ORS
Date: Date: 03.12.2020
Attest:
:P ,ca Garza,City Secreta
APPROVED TO CONTENT:
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Contract#20-0363
APPENDIX A
Statement of Work and Budget
Page 8 of 8
SCOPE OF WORK
TTU agrees that CFAS shall perform the following duties under the administrative
supervision of the City of Lubbock Health Department, Director of Public Health:
Overall: Provide a staff person certified in substance use prevention (Certified
Prevention Specialist), two graduate research assistants, and four undergraduate work
studies, to provide consultation and guidance to the Community Coalition Program
(CCP) and Prevention Resource Center(PRC) during the first year of implementation.
CCP
• Attend and participate in local substance abuse coalition meetings
• Help with meeting planning, note taking and typing minutes.
• Assist with member recruitment.
• Participate in coalition sponsored activities.
• Work with coalition members and the COLHD to follow the Strategic Prevention
Framework to identify and address prevention gaps in the community.
• Help facilitate the development of a 5 year strategic plan for the coalition.
• Help write the Annual Implementation Plan for the coalition.
PRC
• Identify the key stakeholders affected by substance use in the region. Stakeholders
will include but not limited to schools, churches and local governments.
• In coordination with COLI-ID staff, meet with identified stakeholders to explain
the role of the PRC and how the work can positively impact the local community.
• Review most recent, PRC 1 Regional Needs Assessment and identify content
gaps.
• Develop a plan to address gaps. Plan will include a list of appendices to
supplement the state mandated regional needs assessment report.
• Implement plan (with agreement from COLHD)
• Help reestablish clearinghouse of substance use disorder resources
- Work with COLHD staff to determine materials
- Help recruit providers into LBK Community—electronic resource
directory
- Help update and develop appropriately branded materials
Page 1 of 1
Annual Budget Summary
Proposal Budget
Project title: City of Lubbock Prevention Resource Center
Budget Period Start: March 1, 2020 Budget 1
Budget Period End: August 31, 2020 Year
l I
Revision Date: 2120120 2:44 PM
Submitted by:
Texas Tech University lCommunity, Family and Addiction Sciences
Principal Investigator/Project Director Budget Period
Eugene Wang Totals
6Z0 Faculty Salaries 14,907
6Z0 Other Salaries 36,462
6Z0 1 Staff Salaries -
6Z0 2 Other Salaries -
6Z0 3 Graduate Students 26,222
6Z0 4 Undergraduate Students 10,240
6Z0 Subtotal, Salaries and Wages A+ B 51,369
6134 Payroll Related Costs (Fringe Benefits) 12,168
--- Total Salaries, Wages, and Fringe Benefits (A+ B+ C) 63,537
7J0 Ca itaI Acquisitions (excluded from MTDC) -
--- Total Travel 1,160
7130 1 In-State Travel Domestic Travel 1,160
7B1 2 Out-of-State Domestic Travel -
7B2 3 Foreign Travel -
--- Participant Support Costs (excluded from MTDC) -
--- Other Direct Costs
7C0 1 Materials and Supplies -
7F0 2 Repair and Maintenance -
7F1 3 Repair and Maintenance Other -- Physical Plant Charges -
7H0 4 Publication Costs/Documentation/Dissemination -
7-- 5 Subawards subject to F&A rate -
7-- 6 Subawards not subject to F&A rate (excluded from MTDC) -
7P2 7 Graduate Tuition and Fees excluded from MTDC) 13,200
--- 8 Other costs, subject to F&A rate -
7A0 9 Professional Service Agreements, subject to F&A rate -
--- 10 Other costs, not subject to F&A rate excluded from MTDC) -
7G0 11 Rental of research space and equipment(excluded from MTDC) -
--- Subtotal, Other Direct Costs 13,200
--- Total Direct Cost 77,897
--- Modified Total Direct Cost 64,697
(Total Direct Costs less Capital Acquisitions, Participant Costs, Amount of
Subawards >$25K, Graduate Tuition and Fees, and Other, not subject to F&A)
--- Facilities &Administrative (F&A) Cost Rate 15.00%
--- F&A Cost Basis Total Direct Cost 77,897
7U0 Facilities &Administrative Costs Cost Rate* Cost Basis 11,685
Total Budget Period Costs (Direct+ F&A) $ 89,582