HomeMy WebLinkAboutContract 57289 CSC No.57289
RESEARCH AGREEMENT
BETWEEN
TEXAS CHRISTIAN UNIVERSITY AND
CITY OF FORT WORTH
This Research Agreement("Agreement")is made by and between Texas Christian University
("TCU"), a private education institute, with its primary offices located in Fort Worth, Texas
acting through Johnny Nhan its duly authorized Principal Investigator, and the City of Fort
Worth ("CITY") a home rule municipal corporation acting by and through Fernando Costa its
duly authorized Assistant City Manager.
WHEREAS, the City, through the Fort Worth Police Department (FWPD), provides law
enforcement services to the citizens of Fort Worth, Texas;
WHEREAS,the City's mission is to provide quality law enforcement services in partnership with
the community to create a safe environment for the citizens of Fort Worth, Texas;
WHEREAS,the City, in its commitment to provide quality law enforcement services,desires to
partner with TCU to evaluate and assess FWPD's Gun Violence Data and Initiatives
("Program"); and
WHEREAS, researchers in the Department of Criminal Justice at TCU, specifically Drs. Brae
Young,Johnny Nhan,Kendra Bowen, and Ronald Burns will conduct a research study("Study")
to evaluate various aspects of the Program, including but not limited to, overall Program
effectiveness,Program related data, and ideal Program methods.
It is mutually agreed upon that the two parties will work collaboratively towards this means as
follows:
The term "City" shall include its officers, agents, employees, and representatives.
The term"TCU"shall include TCU,and its officers,employees,agents,representatives,servants,
contractors or subcontractors.
The term "Party" shall refer to either the City or TCU.
1' OFFICIAL RECORD
PURPOSE AND SCOPE
CITY SECRETARY
Primary research questions guiding this study are: FT. WORTH, TX
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1. What are possible strategies to reduce gun violence in Fort Worth?
2.
TCU RESPONSIBILITIES:
TCU's Department of Criminal Justice shall undertake the following responsibilities:
A. Analyze existing data collected by FWPD on shootings, specifically:
B. Utilize quantitative and qualitative data collection measures with relevant personnel at
FWPD, specifically crime analysts and the Research and Planning Section.
C. Measure homicides,robberies, and aggravated assaults data since 2017. This data will
include suspect variables (e.g.,demographics) and crime specific variables (e.g., offense
address, division,weaponry) Data provided by FWPD will be de-identified and will not
include report numbers.
D. Provide a report or reports to FWPD through 2023 regarding:
i. Findings of the evaluation
ii. Provide short term,intermediate term, and long-term recommendations
concerning improvement of gun violence program and practices of FWPD.
E. Independently publish research based on the FWPD data collected and analyzed in
academic outlets. Such research shall be for internal purposes only in accordance with
Sections 8 and 9 of this Agreement.
3.
CITY RESPONSIBILITIES:
The City will take the lead on providing information to TCU:
A. Provide data collected by FWPD, including:
i. Relevant data collected and reports generated by FWPD;
ii. 2017-2023 shootings data, calls for service data, crime offense data, arrest
data. Data provided by FWPD will be de-identified and will not include report
numbers; and
iii. All records involving juvenile suspects or juvenile/minor victims are excluded
from this Agreement.
B. Provide information on relevant existing FWPD initiatives that address gun violence.
C. Provide access to personnel needed to complete the study
4.
TERM AND TERMINATION
Services shall be provided by TCU for a term beginning March 1, 2022 and ending February
28, 2023, ("Initial Term") unless terminated earlier in accordance with this Agreement. This
Agreement may be renewed for one(1)additional one year term at the City's sole option.Either
party may terminate this Agreement with(30)days advance written notice to the other party.
5.
DELEGATION OF SERVICES
TCU agrees not to delegate any duties under this Agreement without the City's express, written
consent.
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6.
DISCLOSURE OF CONFLICTS
TCU hereby warrants to the City that TCU has made full disclosure in writing of any existing or
potential conflicts of interest related to TCU's services provided under this Agreement. In the event
that any conflicts of interest arise after the execution of this Agreement,TCU hereby agrees to make
full disclosure to the City in writing immediately upon learning of such conflict.
7.
COPYRIGHTS AND
DATA
The parties agree that this constitutes a work-for-hire agreement and that the City holds the
copyright to any work produced under this Agreement. As such the City may use, disclose,
reproduce, deliver, dispose of, and authorize others to do so in any lawful manner, all such data
delivered to the City, by TCU. TCU warrants that any writing produced by it for delivery to the
City shall be the original work of TCU and shall not knowingly infringe the copyright of anyone
else or knowingly plagiarize another source.
8.
CONFIDENTIALITY
TCU understands the sensitive nature of this study and records and data provided by FWPD. TCU
agrees not to release any data provided by FWPD and to abide by Institutional Review Board(IRB)
confidentiality protocols governing TCU,providing complete confidentiality throughout this study.
In accordance with these protocols,only the researchers will have access to the data utilized for this
study.
9.
PUBLICATION OF FINDINGS
In addition to providing FWPD with the aforementioned reports, TCU DCJ will utilize the
quantitative data in aggregate form and qualitative data with personal identifiers masked, for
publications and presentations in academic outlets.
10.
NO AUTHORITY TO BIND
Neither party shall have the authority to enter into contracts or agreements on behalf of the other.
11.
ASSIGNMENT
Neither TCU nor the City shall assign any interest in this Agreement without the prior written
consent of the other party.
12.
USE OF NAMES
Neither party will use the name of the other party in any form of advertising or publicity without
the express written permission of the other party.
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13.
INDEPENDENT CONTRACTOR
TCU shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of the City. TCU shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder,and all persons performing
same,and shall be solely responsible for the acts and omissions of its officers, agents,employees
and subconsultants (or subcontractors). Nothing herein shall be construed as creating a
partnership or joint venture between the City and TCU, its officers, agents, employees and
subconsultants (or subcontractors), and doctrine of respondent superior has no application as
between the City and TCU.
14.
INDEMNIFICATION
TCU SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSJON(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF TCU, ITS
OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
TCU AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL
CLAIMS,LAWSUITS,ACTIONS, COSTS,AND EXPENSES OFANYKIND,INCLUDING,
BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANYRESULTING LOST
PROFITS) AND/OR PERSONAL INJURY(INCLUDING DEATH) THAT MAY RELATE
TO, ARISE OUT OF, OR BE OCCASIONED BY (I) TCU'S BREACH OF ANY OF THE
TERMS OR PROVISIONS OF THIS AGREEMENT OR (JI) ANY NEGLIGENT ACT OR
OMISSION OR INTENTIONAL MISCONDUCT OF TCU, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI), OR
SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT,
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT
APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE
CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,
AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
CONSULTANT AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITYAS FURTHER PROVIDED BY THE LAWSOFTEXAS.
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City of Fort Worth
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This section shall survive the expiration or termination of this Agreement.
15.
NOTICE
Any notice, demand, or communication required, permitted, or desired to be given under this
Agreement, shall be deemed effectively given when delivered personally, sent by telecopy,
email or mailed by prepaid Certified Mail, return receipt requested, addressed to the Party at the
following addresses:
TCU: TCU CONTACT PERSON
TCU Department of Criminal Justice
2855 Main Dr.
Suite 4200
Fort Worth, TX 76129
j.nhan@tcu.edu
CITY: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas St.Fort Worth,TX 76102
femando.costa@fortworthtexas.gov
Copies To: Contract Compliance Section
505 W.Felix Street
Fort Worth,Texas 75115
sasha.kane@fortworthtexas.gov
16.
SEVERABILITY
If any party of this Agreement shall be held unenforceable,the rest of this Agreement will remain
in full force and effect.
17.
GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Texas. Should any action, at law or in equity, arise out of the terms herein, exclusive venue for
said action shall lie in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas,Fort Worth Division.
18.
CONSTRUCTION
Common nouns and pronouns and all other terms shall be deemed to refer to the masculine,
feminine,neuter and singular or plural,as the identity of the person or persons, firm or association
may in the context require.
19.
BINDING EFFECT
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City of Fort Worth
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The provisions of this Agreement shall inure to the benefit of, and shall be binding upon the
personal representatives and legatees of each of the Parties.
20.
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes,be deemed an original,but all such counterparts shall together constitute but one and the
same instrument.
21.
FORCE MAJEURE
Neither party shall be liable for failure to perform its obligations under this Agreement if the
performance is delayed by reason of war, civil commotion, acts of God, inclement weather,
governmental restrictions,regulations, or interferences,fires,strikes,lockouts,national disasters,
riots,material or labor restrictions,transportation problems,or any other circumstances which are
reasonably beyond the control of the party.
22.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties hereto with respect to the
subject matter hereof and supersedes all previous or contemporaneous agreements,
understandings or negotiations between the parties.
23.
AMENDMENT AND MODIFICATION
This Agreement may not be amended or modified except by a written instrument executed by
both parties.
24.
RIGHT TO AUDIT
TCU agrees that the City shall, until three (3) years after expiration of this Agreement, have
access to and the right to examine any directly pertinent books, documents,papers and records
involving the data relating to this Agreement. TCU agrees that the City shall have access during
normal working hours to all necessary TCU facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give TCU reasonable advance notice of intended audits.
This section shall survive the expiration or termination of this Agreement.
25.
COMPLIANCE WITH LAWS, ORDINANCES, RULES, AND REGULATIONS
TCU, its officers, agents, servants, employees, and subcontractors, shall abide by and comply
with all laws,federal, state and local, including all ordinances,rules and regulations of City. It is
agreed and understood that,if City calls to the attention of TCU any such violation on the part of
TCU or any of its officers, agents, servants, employees, or subcontractors, then TCU shall
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immediately desist from and correct such violation.
26.
GOVERNMENTAL POWERS
Both Parties agree and understand that the City does not waive or surrender any of itsgovernmental
powers by execution of this Agreement.
27.
SOLICITATION OF EMPLOYEES
Neither the City nor Consultant shall, during the term of this Agreement and additionally for a
period of one year after its termination, solicit for employment or employ, whether as employee
or independent contractor, any person who is or has been employed by the other during the term
of this Agreement,without the prior written consent of the person's employer.
28.
NON-WAIVER
The failure of either Party to insist upon the performance of any term or provision of this
Agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's or Consultant's right to assert or rely on any such term or
right on any future occasion.
29.
REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement.
30.
SIGNATURE AUTHORITY
The person signing this agreement hereby warrants that he/she has the legal authority to execute
this agreement on behalf of the respective party, and that such binding authority has been granted
by proper order, resolution,ordinance or other authorization of the entity. The other party is fully
entitled to rely on this warranty and representation in entering into this Agreement.
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City of Fort Worth
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ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
5�C4— this contract,including ensuring all performance and
By: reporting requirements.
Name: Fernando Costa
Title: Assistant City Manager
's=LkM
By: Sasha Kane(Mar22,2022 17:04 CDT)
Name:Sasha Kane
APPROVAL RECOMMENDED: Title: Senior Contract Compliance Specialist
APPROVED AS TO FORM AND LEGALITY:
By: Neil Noakes(Mar 2,202211:04 CDT) pp� �QR1,��aT
00 /
Name: Neil Noakes O°o°.......
o°°O
Title: Chief of Police of,. °o�►� By:
Avg o=� Name: Taylor Paris
ATTEST: � o° 0 IV
° °o*�d Title: Assistant City Attorney
aa4 nEXp5o4� CONTRACT AUTHORIZATION:
,76I`I`dG . M&C: No required
By: Jannette S.Goodall(Mar 23,2022 14:12 CDT) Date Approved: .
Name: Jannette Goodall
Title: City Secretary Form 1295 Certification No.:
TEXAS CHRISTIAN UNIVERSITY
�• �By: By; ,'�"
Name: 4Floydormley,Ph.D Name: jo g
Title: Associate Provost for Research and Dean of Title: Ccipal Investi for 4
Graduate Studies
By: Name: Ronald(Chip)B ms
Name: Jo Tinny Nhin,Ph.D. Title: Co-Principal Investigator
Title: Principal Investigator
By:
Name: Kendra Bowen,Ph.D.
Title: Co-Principal Investigator OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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Texas Christian University
City of Fort Worth
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