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HomeMy WebLinkAboutContract 47605 GRY SECRETAW C®5 TRACT M. 47W)' RESEARCH AGREEMENT BETWEEN TARLETON STATE UNIVERSITY AND CITY OF FORT WORTH This Research Agreement ("Agreement") is made by and between Tarleton State University ("TSU"), a member of The Texas A&M University System, an agency of the State of Texas acting by and through its duly authorized Provost and Executive Vice President of Academic Affairs, Dr. Karen Murray, with its primary offices located in Stephenville, Texas, and the City of Fort Worth ("CITY') a home rule municipal corporation acting by and through its duly authorized Assistant City Manager, Valerie R. Washington,to conduct a Performance Impact and Feasibility Study of the Comin' Up Gang Intervention Program ("Program"). WHEREAS, the Fort Worth Crime Control and Prevention District Board authorized a Performance Impact and Feasibility Study ("Study") of the Program for the City; WHEREAS, the key objective of the Study is to evaluate, monitor, and assess the effectiveness of the Program and its impact on the City; WHEREAS, the City is committed to enhancing the Fort Worth Police Department's ability to provide quality service and to work in partnership with the community to reduce crime and provide a safe environment for all; WHEREAS, TSU is regularly engaged in conducting scholarly and academic research and providing statistical analysis based on its research findings; and WHEREAS, TSU has agreed to use reasonable efforts to complete the research and analysis necessary to conduct a Performance Impact and Feasibility Study of the Program for the City. 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 "Party"shall refer to either the City or TSU. The term"Parties"shall refer to both the City and TSU. OF=FICIAL RECORD 9o`u SECRETARY MAR14.1016 FT. WORTH,TXfTYSp' ET Research Agreement between City of Fort Worth and Tarleton State University 1 1. TSU RESPONSIBILITIES: A. TSU shall use its reasonable efforts to: a. Conduct a research study and provide statistical analysis of the Program; b. Complete the detailed Project Plan outlined as Exhibit A, which is attached hereto and incorporated within for all purposes; c. Identify and assess crime trends and gang activity with the use of crime statistical data provided by the City; d. Provide detailed crime trend, socioeconomic, and demographic analysis of seven active Program site service areas and two inactive Program site service areas; e. Provide detailed analysis of the overall Program including a review of the organizational and financial structure of the Program; f. Provide a written report on the Program's overall effectiveness and impact to Fort Worth; g. Make recommendations regarding the feasibility of the Program, any necessary improvements to the Program, and general best practices to prevent and reduce gang crime or other programs to reduce gang membership and gang-related crime; h. Ensure that its researchers who conduct and/or participate in the Performance Impact and Feasibility Study of the Program comply with the terms of this Agreement; i. Provide a final report to the City regarding the findings; and j. Provide status reports and/or presentations to the City as agreed by the Parties on a case-by-case basis. B. Nothing in this Agreement limits the freedom of TSU or its researchers, whether as participants in this Agreement or not, to engage in similar inquiries made independently under other grants, contracts, or agreements with parties other than the City. C. The City acknowledges that because the Study is experimental in nature, the outcome is inherently uncertain and unpredictable. The City understands that TSU makes no representation, guarantee, or warranty, express or implied, about the outcome of the project. 2. CITY RESPONSIBILITIES: A. Provide available necessary Data, as defined in Section 4 of this Agreement, through the Fort Worth Police Department B. Gang Section staff of the Fort Worth Police Department will work with TSU to provide general information on gangs in Fort Worth through meetings or other agreed upon means. C. Provide information on active and inactive Program sites and their areas of operation and coverage. D. Assist in providing contact with Program staff, and work with staff to gain access to Program staff, contracts, and performance records. E. Provide contracts between City of Fort Worth and Boys and Girls Clubs of Greater Fort Worth, Inc. for the Program and support documentation including service area information for each Program site, programmatic reports, performance reports, and other information related to the Program. Research Agreement between City of Fort Worth and Tarleton State University 2 3. EXPENSES Each Party shall bear its own costs and expenses incurred under this Agreement without expectation of reimbursement from the other Party. 4. TERM AND TERMINATION Services shall be provided by TSU for a term beginning April 15, 2016 and ending June 1, 2017, ("Initial Term") unless terminated earlier in accordance with this Agreement. This Agreement may be renewed for one (1) additional one year term by written agreement of the Parties. Either Party may terminate this Agreement with thirty(30) days advance written notice to the other Party. 5. DATA For the purposes of this Agreement, "Data" shall be defined as information that is subject to public disclosure pursuant to the Public Information Act ("Chapter 552 of the Texas Government Code")or Texas Code of Criminal Procedure Article 2.132. "Restricted Information" shall be defined as information that will not be released or otherwise disclosed by the City to TSU if the City determines that the information is prohibited or exempt from public disclosure under State and Federal laws, including the Public Information Act, Chapter 143 of the Texas Local Government Code, the Health Insurance Portability and Accountability Act(HIPAA) and other applicable privacy laws. 6. DELIVERABLES The Study is intended to provide the City and CCPD with critical information regarding the need for and the effectiveness of the Program. TSU shall prepare a report of its findings and analysis to the City in accordance with Section 15 (Notice). TSU shall give the City no less than 30 calendar days' notice prior to submitting any of its research findings for publication to allow the City an opportunity to review and identify information that is protected from disclosure by law. Such notice shall be in accordance with Section 15 (Notice). The notice shall be in the form of the proposed publication itself, accurately describing the nature and substance of any conclusions reached by TSU arising from the research undertaken pursuant to this Agreement. 7. DELEGATION OF SERVICES TSU agrees not to delegate any duties under this Agreement without the City's express, written consent. Research Agreement between City of Fort Worth and Tarleton State University 3 8. DISCLOSURE OF CONFLICTS TSU hereby warrants to the City that TSU has made full disclosure in writing of any existing or potential conflicts of interest related to TSU's services provided under this Agreement. In the event that any conflicts of interest arise after the execution of this Agreement, TSU hereby agrees to make frill disclosure to the City in writing immediately upon learning of such conflict. 9. COPYRIGHTS AND DATA TSU retains the copyright in any original works of authorship or modified works of authorship created by TSU under this Agreement. TSU grants the City a nonexclusive, royalty-free license to reproduce, distribute, display, and publicly perform all deliverables and to prepare derivative works based on any such deliverables. 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 TSU 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. Nothing in this section prohibits TSU from making any disclosures required by law, including under Texas Education Code Section 51.954. 13. INDEPENDENT CONTRACTOR TSU shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. TSU 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 (oi- subcontractors). Nothing herein shall be construed as creating a partnership or joint venture between the City and TSU, its officers, agents, employees and subconsultants (or- subcontractors), and doctrine of respondent superior has no application as between the City and TSU. Research Agreement between City of Fort Worth and Tarleton State University 4 14. OWNERSHIP TSU hereby warrants that, to the best of its knowledge, the research results will not infringe upon the intellectual property rights of any person. TSU shall retain ownership rights of all research results and may use them in any manner not inconsistent with any applicable laws, ordinances, rules, and regulations. Research results shall include any written reports, findings, presentations, handouts, slides, displays, props, graphics, charts, diagrams, and any other materials TSU utilizes to convey its findings and analysis regarding the Program (collectively "research results"). TSU hereby grants the City an unrestricted, irrevocable, non-exclusive right to reproduce, display, use TSU's research results for the sole purpose of performing the City's responsibilities under this Agreement. The City is specifically prohibited from marketing and/or selling the research results for a profit and such prohibition shall survive any termination or expiration of this Agreement. 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: TSU: Dr. Meghan E. Hollis,Ph.D. Director, Institute of Predictive and Analytic Policing Science School of Criminology, Criminal Justice, and Strategic Studies Tarleton State University Southwest Metroplex Center 6777 Camp Bowie Blvd., Suite 330 Fort Worth, Texas 76116 With a copy to: Contract Specialist Tarleton State University Box T-0600 Stephenville, Texas 76402 CITY OF FORT WORTH: Valerie R. Washington Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76012 Research Agreement between City of Fort Worth and Tarleton State University 5 With a copy to: Ms. Becky McGibson Planner Research and Planning Fort Worth Police Department 505 W. Felix Street Fort Worth, Texas 75115 16. SEVERABILITY If any part 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 if such action is against the City or in Erath County, Texas is such action is against TSU, or the United States District Court for the Northern District of Texas, Fort Worth Division in either case. 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 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. Research Agreement behveen City of Fort Worth and Tarleton State University 6 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 OF ACCESS City will have access to TSU's records related to the transactions conducted under this Agreement to ensure compliance therewith. 25. RIGHT TO AUDIT TSU agrees that the City shall, until the expiration of three (3) years after the termination or expiration of this Agreement, which occurs later, have access to and the right to examine any directly pertinent books, documents, papers and records of the Architect involving transactions relating to this Agreement. TSU agrees that the City shall have access during normal working hours to all necessary TSU 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 TSU reasonable advance notice of intended audits. This section shall survive the expiration or termination of this Agreement. Research Agreement between City of Fort Worth and Tarleton State University 7 26. COMPLIANCE WITH LAWS, ORDINANCES, RULES,AND REGULATIONS Each Party shall abide by and comply with all laws, federal, state and local, including all applicable ordinances, rules and regulations of City. It is agreed and understood that, if either Party calls to the attention of the other any such violation, then the other Party shall immediately desist from and correct such violation. 27. GOVERNMENTAL POWERS Both Parties agree and understand that neither Party waives or surrenders any of its governmental powers or immunities by execution of this Agreement. 29. 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. 30. REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement. 31. 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. Research Agreement between City of Fort Worth and Tarleton State University 8 IN WITNESS WHEREOF,the Parties have executed this Agreement on the ay of/iyeK_; 1� APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORTH TARLETON STATE UNIVERSITY Valerie R. Washington Dr. 1&ren Murray Assistant City Manager Provost and Executive Vice-President of Academic Affairs Date: 31(y�) Date: 3 a APPROVAL RECOMMENDED APPROVED AS TO FORM AND LEGALITY FOR TSU Joel F. Fitzgerald Chief of Police Date: ` l� Warren J. eLuca Tarleton State University Attorney APPROVED AS TO FORM AND LEGALITY FOR CITY OF FORT Date: ah4, -po/or 7RH T 010 , LIA �*ORr� Victoria D. Honey 0 O Assistant City Attorney ATTEST - !®$ t ? `t" °ago Date: ��� � ary J. s City Secretary Date: 51�_Inl No M&C Required Form 1295 Certification No.:Not Required LOFFICIAL7RECORDThis agreement is with a governmental entity(Tarleton State University). Research Agreement between City of Fort Worth and Tarleton State Un9- — _— Exhibit A Project Plan Project Plan Performance Impact and Feasibility Study of Comin' Up Gang Intervention Program Meghan E.Hollis,Ph.D. April 15, 2016-June 1,2017 The proposed project will take the items outlined in the task list below, and examine them in a systematic way. The items that are quicker to accomplish will be completed first with more complicated items completed later. All work for the initial evaluation will be completed by June 15,2017(contingent on timely availability of needed data from the City). The first stage of the project will address Letter C under TSU Responsibilities: "Identify and assess crime trends and gang activity." TSU will provide maps and analysis beginning May 15, 2016, with quarterly reports updating that information and analysis beginning July 15, 2016 through completion of the work. Analysis of gang information will be provided in the quarterly reports. Work will begin immediately on a literature review for any work that could provide insight into past, present, and future gang activity trends. A final report on this review will be provided no later than June 15,2017. The second stage of the project will address Letter D under TSU Responsibilities: "Detailed crime trend, socioeconomic, and demographic analysis of seven active Program site service areas and two inactive Program site service areas." Work will begin as soon as the geographic coverage of the site service areas is provided and clarified. Demographic maps will be provided in the July 15,2016 quarterly report. Additional analyses and maps will be provided October 15, 2016 with a supplementary report completed March 1,2017 comparing Fort Worth to at least two other cities. The third stage of the project will address Letter E under TSU Responsibilities: "Analysis of the overall Program including a review of the organizational and financial structure of the Program." Initial analyses and results will be provided in the July 15, 2016 quarterly report, while Final results will be included in the Final report(June 1,2017). The fourth stage of the project will address Letter F under TSU Responsibilities: "Determine Program's overall effectiveness and impact to Fort Worth." These tasks as well as the tasks from Letter G: "Recommend feasibility of the Program, any necessary improvements to the Program, and general best practices or other programs to reduce gang membership and gang-related crime" will be included in the Final Report(June 1, 2017). The final item requesting a summary of"best practices" will be included in a supplementary report September 15, 2017. This will provide the results of a systematic review of gang interventions. The TSU would also provide updates and results at Crime Control and Prevention District Board meetings as requested. Research Agreement between City of Fort Worth and Tarleton State University 10 Task Table Items and data required Deliverable Completion Timeline 1. Identify and assess crime trends -crime data with Need crime data and gang activity addresses except sexual by April 1, 2016 assaults and continued -gang activity with updates to data addresses (and notation at least 1 time of gang involved,or per month. gang-related) - Evaluate overall crime in Fort - maps of crime Initial maps by Worth distribution and May 15, 2016 pattern analysis with quarterly -RTM analysis over updates starting years July 15, 2016 - Evaluate gang-related crime in Definition of gang-related -Maps of gang- Initial maps by Fort Worth versus gang-involved related crime and June 15,2016 crime as city sees it pattern analysis with quarterly (Gang-Related Crime is any updates starting criminal act,including but July 15, 2016 not limited to those involving gang members or gang associates committed for the benefit or furtherance of any criminal gang. Gang-Involved Crime is a crime committed by a gang member that is not for the furtherance of the gang.) - Evaluate gang-involved crime in Definition of gang- - Maps of gang- Initial maps by Fort Worth involved crime per city involved crime and June 15,2016 (See definition in pattern analysis with quarterly previous task.) updates starting July 15, 2016. - Identify and compare gang crime -comparison to the -March 1, 2017 trends and gang member sites Dr. Hollis has demographics of FW gang access to data for. members in FW to other similar- Additional sites sized cities, region, and nation added if data is available -Results of analysis in a report - Identify any applicable research - Report on current -July 15,2016 such as white papers and other literature studies that indicate whether gang crime is expected to increase, decrease,or remain the same in the next five to ten years Research Agreement between City of Fort Worth and Tarleton State University ll Include any other relevant None identified at TBD information on gangs and crime this time not clearly outlined above 2. Detailed crime trend, socioeconomic,and demographic analysis of seven active program site service areas and two inactive program site service areas Examine the amount of gang Need information on - Maps and analysis August 15, 2016 crime and number of local gang gang incidents and of crime trends and members descriptive gang gang activity in information from Fort service areas Worth PD Gang Unit. - Examine population Already have -Maps and analysis June 15, 2016 characteristics demographics for areas of population in service areas Examine age,gender,and -Maps and analysis June 15,2016 race/ethnic breakdown (Pursuant to Section 58.007(c)of the Texas Family Code,law enforcement records pertaining to allegations of juvenile delinquent conduct is confidential and cannot be released. A child is defined as a person who is 10 years of age or older and under 17 years of age.The City cannot information related to juveniles. Aggregate data will be provided without personal identifiable information.) - Examine unemployment rate -Maps and analysis June 15,2016 - Examine poverty rate -Maps and analysis June 15,2016 Examine average household -Maps and analysis June 15,2016 income Examine single parent and non- -Maps and analysis June 15,2016 traditional households Examine educational attainment -Maps and analysis June 15,2016 - Examine incarceration rates -will use data from -Maps and analysis June 15,2016 Tarrant County study for analysis Examine the rating of each local -Maps and analysis September 15, school 2016 - Examine attendance and truancy Need attendance and -Maps and analysis September 15, rates(Pursuant to Section 58.007(c) truancy data from 2016 of the Texas Family Code, law schools—if not able to enforcement records pertaining to access this data this allegations of juvenile delinquent deliverable will be conduct is confidential and cannot be deleted. Research Agreement between City of Fort Worth and Tarleton State University 12 released.A child is defined as a person who is 10 years of age or older and under 17 years of age.The City cannot information related to juveniles.Aggregate data will be provided without personal identifiable information.) Examine any other pertinent data TBD TBD TBD - Look at active versus inactive site -Report on August 15,2016 areas comparative analysis 3. Analysis of the overall program including a review of the organizational and financial structure of the program Provide a ten year comprehensive Need access to program -Report providing June 15, 2017 overview of the Program to staff, contracts, and overview as part of final include the years between 2005 records report and 2014 - Determine what agencies provide Need access to program -Report providing June 15, 2016 referrals to the Program and the staff and records overview of (contingent on number of annual referrals referrals access and timely receipt of data) Determine client eligibility and -Report for each Jan 1, 2017 membership requirements site outlining below items o Examine client definition and geographic boundaries used to determine client membership for each site o Examine eligibility requirements o Examine client recruitment efforts o Examine rules and regulations regarding the removal of program clients - Analyze the participation rate of Need access to -Report outlining Jan 1, 2017 Program clients between 2005 participation and items below and 2014 recruitment records o Define client participation for each site o A demographic breakdown for program Research Agreement between City of Fort Worth and Tarleton State University 13 clients for each site o Participation rates for each program site Analyze the effectiveness of the Access to program data -Report on efficacy Jan 1, 2017 program's need-based curriculum and related outcome of below services including the following services data o Life Skills o PRIDE o Healthy Lifestyles o Job Readiness Analyze the effectiveness of the Access to program data, -Report on efficacy Jan 1,2017 program's other in-house services staff, and related of services outcome data o GED/academic tutoring o Mediation o Coordination with schools, courts,juvenile probation, gang unit, law enforcement o Community service o Organized sports o Occupation skills training and job placement Analysis of staffing for the overall Need access to staffing -Summary report Jan 1, 2017 program information, hours reporting, and job descriptions o Detailed analysis of each worker's job description o Determine the percentage of time each worker dedicates to the Program each month o Determine the percentage of workers who are former gang members and the impact their involvement has on the clients Analysis of volunteer involvement See above Jan 1, 2017 in the program o Detailed analysis of each volunteer's role and time dedicated to the program each month o Determine the%of Research Agreement between City of Fort Worth and Tarleton State University 14 volunteers who are former gang members and the impact their involvement has on the clients Comprehensive analysis of Need access to budget -Cost report and Jan 1, 2017 operational and program budgets records for all sites recommendations o Overall detailed breakdown of program revenues and expenditures over the past 10 years o Detailed breakdown of revenues and expenditures for each program site o Determine other sources of funding the program receives o Is it viable without continued support of GF and CCPD funding received from city o Review information collected and tracked by city and other agencies providing funding to the program Analyze community partnerships Need access to data on -Report on Jan 1, 2017 and services provided to clients partnerships available community and referrals made partnerships o Number and type of referrals made per year o After-care services for clients aging out Is program meeting target -Summary report June 15,2017 objectives set in exhibits A and B based on above of Program contracts with city items 4. Determine program's overall Cost-Benefit Report June 15,2017 effectiveness and impact to Fort (for all items in 4) Worth Provide cost/benefit analysis Research Agreement between City of Fort Worth and Tarleton State University 15 o Is there a correlation Will need access to between program and incident-level crime and gang crime reductions in call for service data with FW date,time, reason for call/crime category, and address o Analysis of economic impact that criminal gang activity/consequences of such activity on city ■ Include estimated costs to CJ system o Analysis of costs per client over life of their participation in program versus cost to CJ system o SES impact analysis if This might be difficult program does not exist absent data from prior to implementation. Will need exact dates of implementation to do analysis of changes ■ Poverty rates ■ Graduation rates/education attainment • College completion rates ■ Drug and substance abuse addiction rates ■ Other SES data o Include any additional pertinent information nec. For C/B analysis Determine if program's outreach -Analysis of June 15, 2017 methods are effectively reaching program intended participants participants, local community,and gang membership in service area For two closed sites, determine -Comparative Jan 1, 2017 whether program contributed to analysis decrease in gang-related criminal activity within service areas Research Agreement between City of Fort Worth and Tarleton State University 16 Recommend any necessary In Final Report June 15,2017 updates to program goals, objectives, and measures should it be funded in future o Recommend any other info city should begin collecting to determine program effectiveness 5. Recommend feasibility of the FINAL REPORT June 15,2017 program, any necessary improvements to the program, and general best practices or other programs to reduce gang membership and gang-related crime - Determine whether other -Part of final report June 15, 2017 agencies provide similar services for target population—attempt to evaluate Determine if any other similar- -Part of final report June 15, 2017 sized cities provide comparable programs. Examine effectiveness Determine if program is operating -Part of final report June 15, 2017 at most needed locations in FW Determine whether any service -Part of final report June 15, 2017 gaps exist Recommend necessary Part of final report lune 15, 2017 improvements and whether program should continue as it currently functions Recommend other best practices -Report on model June 15, 2017 and model programs for reducing programs and best gang crime and gang membership practices other than the program Research Agreement between City of Fort Worth and Tarleton State University 17