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HomeMy WebLinkAboutContract 48122 -I-- 6 CITY SECRETARY v ��91;� CONTRACT NO. W r' ��yQS�4 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 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 Field Training Officer program ("FTO" or "Program"); and WHEREAS, researchers in the Department of Criminal Justice at TCU, specifically Drs. Johnny Nhan,Kendra Bowen, Susan Diamond, and Ronald Burns will conduct a research study("Study") to evaluate various aspects of the Program, including but not limited to, overall Program effectiveness, community policing integration, 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. PURPOSE AND SCOPE Primary research questions guiding this study are: 1. How effective is FWPD's FTO/Police Training Officer (PTO)program? 2. To what degree does FWPD's field training integrate community policing? 3. Is the length and methods of FWPD's field training program ideal? Research Agreement OFFICIAL RECORD Texas Christian University CITY SECRETARY City of Fort Worth 1 FT. WORTH, TX 4. How does academy training affect field training? 5. What types of trainers and trainees are there and how do they affect performance? 2. TCU RESPONSIBILITIES: TCU's Department of Criminal Justice shall undertake the following responsibilities: A. Analyze existing data collected by FWPD B. Utilize quantitative and qualitative data collection measures with field training personnel at FWPD C. Observe academy and field training practices at FWPD D. Measure community satisfaction with FWPD by taking a purposive sample of neighborhoods across Fort Worth and utilizing focus groups to elaborate on citizens' experience with law enforcement E. Provide a report or reports to FWPD regarding: a. Findings of the evaluation b. Provide short term, intermediate term, and long term recommendations concerning improvement of the field training practices of FWPD F. 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: a. Training notes b. Managing Data Efficiently ("MdE") data on recruit performance during field training c. Complaints by citizens about police services i. The information provided will adhere to the standards set forth in Chapter 143 of the Texas Local Government Code and the Meet and Confer Contract. ii. The data will be general in nature, intended to reflect variations in numbers and types of complaints d. Calls for service, arrests, etc. of trainees B. Provide access to field training and field training personnel needed to complete the study 4. TERM AND TERMINATION Services shall be provided by TCU for a term beginning May 2016 and ending December 31, 2022 , ("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 Research Agreement Texas Christian University City of Fort Worth 2 TCU agrees not to delegate any duties under this Agreement without the City's express, written consent. 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 Research Agreement Texas Christian University City of Fort Worth 3 the express written permission of the other party. 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 OMISSION(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, LA WSUITS,ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCL IIDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING 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 (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF TCU, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY), 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 LA WS OF TEXAS. This section shall survive the expiration or termination of this Agreement. Research Agreement Texas Christian University City of Fort Worth 4 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 CITY: Valerie R. Washington, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 Copies To: Contract Compliance Section 505 W. Felix Street Fort Worth, Texas 75115 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, firth 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. Research Agreement Texas Christian University City of Fort Worth 5 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 the expiration of three (3) years after final payment under this Agreement, 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. 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 Research Agreement 'texas Christian University City of Fort Worth 6 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 its governmental 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. [REMAINDER OF THIS PAGE IS ENTENTIONALLY LEFT BLANK] Research Agreement Texas Christian University City of Fort Worth 7 IN WITNESS WHEREOF,the Parties have executed this Agreement ongekay of 2016. APPROVED AND AGREED FOR APPROVED AND AGREED FOR CITY OF FORT WORTH TEXAS CHRISTIAN UNIVERSITY Valerie R. Washington 4onnie E. Melhart, Ph. Assistant City Manager Associate Provost of Aca emic Affairs Date: �°)Z4 ) �� Date: AP AL RECOMMENDED Jo&Jy Nhan,/Ph.D. Chief oel F. Fitzgerald Principal Investigator Chief of Police Date: $ Date: ©k-1949 APPROVED AS TO FORM AND Kendra Bowen, Ph.D. LEGALIT OR CITY OF FORT WORTH Co-Principal Investigator Date: 3 0-241 Maleshi .'Farmer Sr.Assistant City Attorney OR?' Brie Diamond,Ph.D. Date: 0 Co-Principal Investigator AT ~$ $= Date: a--'2 1(p Mary J. City Secretary Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX NO M&C REQjRED] Research Agreement Texas Christian University City of Fort Worth 8