HomeMy WebLinkAboutContract 51753 ,1 % 91011
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'lob�O ?.o CITY SECRETARY
O � q CONTRACT NO._ 517 S 3
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RESEARCH AGREEMENT BETWEEN
'Q�°��°Q� w THE URBAN INSTITUTE
AND
CITY OF FORT WORTH
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This Research Agreement (hereinafter referred to as the Agreement) is between the
CITY OF FORT WORTH a home rule city of the State of Texas (the "City"), acting by
and through Jesus Chapa, its duly authorized Assistant City Manager on behalf of the
Fort Worth Police Department ("FWPD"), and The Urban Institute (Urban Institute),
acting by and through Victoria Gee, its duly authorized Senior Contracts Administrator,
hereinafter referred to as the Parties.
WHEREAS, the National Initiative for Building Community Trust and Justice (the
"Initiative") is designed to improve relationships and increase trust between law
enforcement agencies and the communities they serve. The Initiative involves several
activities, including conducting scholarly research, translating research, establishing a
national clearinghouse for information and research for law enforcement agencies,
developing strategies to enhance the criminal justice system, and encouraging public
discourse on issues related to the criminal justice system; and
WHEREAS, the Initiative is funded through the United States Department of Justice
("DOJ"); and
WHEREAS, the purpose of the Initiative is to explore, advance, and assess strategies
and techniques to enhance procedural justice, reduce bias, and support reconciliation;
and
WHEREAS, the Initiative furthers the DOJ's mission to ensure public safety and to
ensure fair and impartial administration of justice for all; and
WHEREAS, the Initiative is operated as a collaborative effort between a group of
participating agencies, including, Urban Institute, who will serve as the data collection
agency for the Initiative; and
WHEREAS, Urban Institute is designed to advance the state of knowledge in the field
of law enforcement on the sociological and psychological dynamics in law enforcement
agencies and in police and community relations; and Urban Institute will use the data
obtained from Ft. Worth Police Department to investigate the effects of the Initiative,
thus generating evidence that is of use to FWPD and the larger law enforcement
community, as well as related stakeholders; and
WHEREAS, the City was selected as a pilot site for the Initiative due to the
demonstrated willingness, capacity, and commitment of City officials, law enforcement
agencies, and community members to engage, evaluate, and improve upon law
enforcement and community relations; and
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&The City of Fort Worth f Page 1 of 17 1
WHEREAS, the City, through the FWPD, provides law enforcement services to the
citizens of Fort Worth, Texas; and
WHEREAS, the City's mission is to provide quality law enforcement service in
partnership with the community to create a safe environment for the citizens of Fort
Worth, Texas; and
WHEREAS, the City, in its commitment to provide high quality law enforcement
services, desires to partner with the Urban Institute to achieve the Initiative's goals of
enhancing procedural justice, reducing bias, and supporting reconciliation.
NOW THEREFORE, in consideration of the mutual promises set forth herein, it is
agreed by and between the City and Urban Institute as follows:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Verification of Signature Authority Form
DEFINITIONS
The term "City" shall include its officers, agents, employees, and representatives.
The term "Urban Institute" shall include Urban Institute, and its officers, employees,
agents, representatives, servants, contractors or subcontractors.
The term "Initiative" shall refer to the National Initiative for Building Community Trust
and Justice.
The term "Party" shall refer to either the City or Urban Institute.
AGREEMENT
1. TERM
This Agreement shall commence on the date of execution by all Parties and shall remain
in effect for one year, unless terminated in accordance with the terms of this Agreement
("Initial Term").
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&The City of Fort Worth Page 2 of 17
2. TERMINATION
Either party may terminate this Agreement at any time and for any reason by providing
sixty (60) days'written notice to the other party.
3. SCOPE OF WORK
Urban Institute will serve as a data collection agency for the Initiative as well as a
researching entity for the Initiative to determine if the Initiative's efforts are revealing
positive identifiable changes through the data collected ("Services"). The data collected
by Urban Institute shall be used to conduct research highlighting areas of implicit bias,
procedural justice, and reconciliation. Urban Institute will fully perform with good faith
and due diligence all Services and objectives described in this Scope of Work. Urban
Institute shall be responsible for fulfilling the following tasks:
I. Collect administrative data files from City as defined under section 6 of this
Agreement using a secure file transfer system created by Urban Institute.
2. Review the collected data to identify and compare issues or irregularities to
previous collected data to determine if Initiative processes and programs have
been effective.
3. Make the data "analysis-ready." Data is "analysis-ready" after it has been
processed so that variable names and labels are clear, data quality issues
(missing data) have been identified and resolved, and data has been
restructured, as necessary, into a form that the researchers can use for
statistical analyses without further processing.
4. Develop statistical models from the collected data and compare variables
from the Initiative to determine if Initiative processes and programs,
particularly trainings by the Initiative with the FWPD have produced
identifiable results and effects throughout the community.
Urban Institute reserves the right, after it has consulted with and obtained approval by
the City, to decide which tasks and analyses to perform based on its expertise and
available data provided to them by the City. Research strategies which will be used by
Urban Institute are described below:
Data collected by Urban Institute will relate to department activities and practices. As stated
above, the collection of administrative data will be used to determine whether the Initiative is
having an impact on department practices. The breadth and complexity of the Initiative poses a
number of research design challenges. Though the Initiative includes unique interventions by
way of specific police trainings and reconciliation programs, other Initiative activities could
influence variables used in the Initiative's research models. Moreover, the timing of
interventions and their effects—especially in regard to reconciliation is difficult to pinpoint.
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&The City of Fort Worth Page 3 of 17
v
Lastly, these interventions might have cumulative or interactive effects, as they were selected to
complement each other.
To assess changes in outcomes of interest, Urban Institute will use a quasi-experimental form of
"structural break analysis." Structural break analysis uses a range of statistical tests and
procedures to detect structural changes in time series data and obtains the approximate date of
those changes. Detected changes could be due to a number of factors, but changes could indicate
that a program or policy has an effect.
Because procedural justice training, implicit bias training, and reconciliation were implemented
over extended periods of time with the City, defining a specific intervention date is problematic.
Structural break analysis is suited to such protracted and complicated interventions, and will help
reduce the likelihood of both type I (a false positive, or the mistaken finding of an effect where
no effect is really present ) or and type II (false negative, or the mistaken finding of no effect
where an effect is really present) errors compared to other evaluation techniques. Urban
Institute's analysis will assess both the individual and cumulative effects of the Initiative's
intervention components. To enhance the strength and validity of Urban Institute's analysis,
Urban Institute will examine the Initiative's outcome variables' as a whole and the changes over
time of those variables in comparison to those of Urban Institutes individual data collection and
research—effectively controlling for any unknown or unmeasured influences.
Urban Institute will also compare the time series location (also known as a month date or week
date) of any identified breakpoints. To explain another way, structural changes in a time series; a
point at which a time series departs from a previous structural pattern with the timing of the
Initiative's component interventions, which are procedural justice trainings, implicit bias
trainings, and reconciliation. If Urban Institute's analysis reveals three breakpoints that
reasonably coincide with the timing of Initiative interventions, there would then be evidence that
each Initiative component intervention had individual effects. On the other hand, if Urban
Institute's analyses reveals less than three breakpoints, there might be reason to believe that the
effects of the Initiative's component interventions were more cumulative than individual.
The results of the analysis described above will be reported in a research brief which will be
made available to the public.
The City will be responsible for providing Urban Institute with FWPD administrative
data described herein so that Urban Institute researchers may use said data to evaluate
the Initiative. Urban Institute's researchers will use common statistical techniques to
attempt to determine if the Initiative has had an effect in Ft. Worth. Urban Institute will
document their findings in an accessible fashion and publish these results in a research
brief or report that will be made available to the City.
4. DELIVERABLES
Urban Institute will publish evaluation reports publicly. These reports will depict Urban
Institute's progress in analyzing the data and comparing the data to the Initiative's
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&The City of Fort Worth Page 4 of 17
efforts for change within the City. Urban Institute will provide the City notice when
these reports are available.
5. CONSIDERATION
Urban Institute undertakes these commitments in exchange for receiving access to data
concerning FWPD, data that is understood to be valuable and will advance the field of
research into law enforcement and community standards. The data collected by Urban
Institute is subject to the terms and conditions described below.
6. RESEARCH DATA
6.1 Access to Research Data
The Parties acknowledge and agree that a fundamental component of this Agreement is the
access of Urban Institute researchers to data maintained by the City. Upon written request, the
City shall provide Urban Institute with the data that is reasonably necessary to achieve the goals
and objectives of the Initiative. The Parties acknowledge and agree that any and all data provided
to Urban Institute by City shall only consist of information that is subject to public disclosure
pursuant to the Texas Public Information Act (Texas Government Code Chapter 552) or Texas
Code of Criminal Procedure Article 2.132 (hereinafter referred to as "Research Data").
Urban Institute hereby declares that only persons authorized in writing by Urban Institute who
have signed a pledge of confidentiality to securely and confidentially handle the information
provided by City shall have access to Research Data. Urban Institute shall provide the City with
a written list of researchers who are authorized to access Research Data. The Parties
acknowledge and agree that the Research Data which Urban Institute researchers will be allowed
to access is necessary to the performance of Urban Institute's obligations to the City under this
Agreement. As a result, Urban Institute declares that authorized individuals are obligated to the
terms and conditions specified in this Agreement.
Relevant data will be labeled by the City as "Research Data" before being sent to Urban Institute,
or before Urban Institute researchers are given access to the data. In addition to the authorized
personnel described above, the Research Data may be subject to disclosure to any third party,
inter alia, the Texas Public Information Act and Texas Code of Criminal Procedure, Article
2.132, and other applicable laws.
6.2 Definition of Research Data
Research Data is limited to the following categories of information:
1. Officer Initiated Vehicle Stop Data
a. For the purposes of this Agreement, "Officer Initiated Vehicle Stop Data" includes
the following:
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i. Date of the motor vehicle stop;
ii. Location of the motor vehicle stop;
iii. The race or ethnicity of the individual detained;
iv. The gender of the individual detained; and
V. Whether the individual was placed under arrest.
2. Officer Initiated Pedestrian Stop Data
a. For the purposes of this Agreement, "Officer Initiated Pedestrian Stop Data"
includes the following:
i. Date of the encounter;
ii. Location of the encounter;
iii. The race or ethnicity of the individual encountered;
iv. The gender of the individual encountered; and
V. Whether the individual was placed under arrest.
3. Use of Force data
a. For the purposes of this Agreement, "Use of Force Data" includes the following:
i. Type of force used;
ii. Location of the incident;
iii. The race or ethnicity of the individual involved in the incident; and
iv. The gender of the individual involved in the incident.
4. Policy and Secondary research data. This will be mutually agreed upon by the City
and Urban Institute as to what will be provided. If provided,the data shall consist of
information that is otherwise subject to public disclosure pursuant to the Texas
Public Information Act or Article 2.132 of the Texas Code of Criminal Procedure.
Policy and Search Research Data shall include the following:
i. Deployment data
ii. Calls for service data
iii. The race or ethnicity of the individual involved in the incident; and
iv. Departmental policies
V. Aggregate departmental crime statistics when associated with departmental
data on racial disparities
If there is an additional category of Research Data not specifically referenced above, which
Urban Institute seeks to collect, Urban Institute shall notify the City as soon as reasonably
practicable. The Parties will confer in good faith to determine whether release of the requested
data is consistent with the terms and conditions of this Agreement and the City's obligations
under the Texas Public Information Act.
6.3 Restricted Information
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"Restricted Information" shall be defined as information that will not be released or otherwise
disclosed by the City to Urban Institute for any or all of the following reasons:
a. The City determines that the information is prohibited or exempt from disclosure
under State and Federal laws, including the Texas Public Information Act (Chapter
552 of the Texas Government Code), Chapter 143 of the Texas Local Government
Code, the Health Insurance Portability and Accountability Act (HIPAA), and other
applicable privacy laws;
b. The information is contained within FWPD's departmental personnel file, which it
maintains for its own use, relating to a police officer (Texas Local Government
Code 143.089(g)).
6.4 Transfer of Research Data
Research Data will be transferred by utilizing the Urban Institute's Secure File Transfer Protocol.
Access to the system will be given to select City employees who will upload Research Data. The
system is designed to securely transfer confidential data and offers robust encryption and other
data protections. The system is owned and operated by the Urban Institute and their researchers.
This system is encrypted with TLS/SSL utilizing 128 bit AES-CBC encryption. The Secure File
Transfer Protocol System is a SSAR-16 certified data center and meets CJIS compliance.
6.5 Treatment of Research Data
If either Party discloses Research Data to the other Party, the disclosing Party will designate this
information as Research Data by appropriate legend or instruction established by the City and
Urban Institute shall:.
(a) Use the standards of care for the Research Data set forth in this Agreement.
(b) Use the Research Data only to accomplish the purposes of this Agreement and subject to
management and audit review by the City.
6.6 Cooperation in Resisting Disclosure of Personally Identifiable Information
The Parties further acknowledge and agree that they will each cooperate with the other Party to
secure all data that the City or any of its officers or employees provides to Urban Institute
researchers.
For the purposes of this Agreement, a "private person" is defined as any person other than an
agency, or department of Federal, State, or local government, or any component or combination
thereof. A private person also includes an individual acting in his or her official capacity.
For the purposes of the Agreement, "research or statistical information" is defined as any
information which is collected while conducting a research or statistical project and which is
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intended to be utilized for research or statistical purposes. The term includes information which
is collected directly from the individual or obtained from any agency or individual having
possession,knowledge, or control thereof.
For the purposes of this Agreement, "information identifiable to a private person" is defined as
information which is either labeled by name or other personal identifiers or can, by virtue of
sample size or other factors, be reasonably interpreted as referring to a particular private person.
a. The Parties agree and acknowledge that 42 U.S.C. Section 3789g and 28 C.F.R. Part 22
apply to research and statistical information identifiable to private persons which may
be collected, gathered, or obtained during the Initiative. The Parties agree to comply
with 42 U.S.C. Section 3789g and 28 C.F.R. Part 22 regarding the use and/or disclosure
of research or statistical information identifiable to private persons.
b. Urban Institute will object to any attempt by a third party to obtain research or statistical
information identifiable to private persons from Urban Institute, including demands or
requests made by way of subpoena or public record request and will give notice to City
within 72 hours of any request for such data to allow City to assert any objections to
production on its own behalf and to otherwise participate in any proceeding concerning
the production of research or statistical information identifiable to private persons.
Urban Institute shall tender to and provide City with a reasonable opportunity to accept
tender of the defense of the litigation in the event that litigation ensues as a result of
Urban Institute's assertion of an objection to the release of research or statistical
information identifiable to private persons in compliance with this Agreement.
c. The Parties further acknowledge and agree that the primary purpose of the provisions
pertaining to research or statistical information identifiable to private persons is for the
protection of the privacy of individual officers providing information to researchers
working under this Agreement and the Agreement is construed as far as possible to
achieve that purpose.
d. Information which is identifiable to private persons that is provided by the City to
Urban Institute will be received and held in confidence by Urban Institute, except as
required by law. Urban Institute agrees to use reasonable effort to prevent its disclosure
to third Parties. This obligation will continue in effect for three (3) years after expiration
or termination of the Agreement.
Urban Institute will not consider information disclosed to it by the City as confidential which:
(1) is now public knowledge or subsequently becomes such through no breach of this
Agreement; (2) is rightfully in Urban Institute's possession prior to City's disclosure as shown by
written records: (3) is rightfully disclosed to Urban Institute by a third party; or (4) is
independently developed by or for Urban Institute without reliance upon confidential
information received from the City.
6.7 Law Enforcement Records
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Both Parties are committed to fulfilling the objectives of the Initiative. It is understood that the
City's release of information and data must comport with its obligations under Texas state law.
Accordingly, the City agrees to provide Urban Institute with information and data that is subject
to public disclosure under Texas state law as follows:
a. Police Officer Records
The City is a civil service city under Chapter 143 of the Texas Local Government Code. Section
143.089 contemplates two separate personnel files for police officers. First, a civil service file
that the civil service director is required to maintain. An officer's civil service file, which must
contain certain specified items, is subject to public disclosure under the Texas Public Information
Act (Chapter 552 of the Texas Government Code). Second, is an internal file that the police
department may maintain for its own use. Information that relates to an officer's employment
relationship with the police department and that is maintained in a police department's internal
file is confidential and may not be released.
b. Juvenile Records
Section 58.008of the Texas Family Code makes confidential juvenile law enforcement records.
Section 58.008(c) provides, in part that "law enforcement records and files concerning a child
and information stored, by electronic means or otherwise, concerning the child from which a
record or file could be generated may not be disclosed to the public." For the purposes of Section
58.008(c), a child is person who is ten years of age or older and under seventeen years of age at
the time of the reported conduct.
7. COOPERATION IN PROVISION OF ACCESS TO RESEARCH DATA
The Parties hereby commit to work together, in good faith, to provide Urban Institute researchers
with the Research Data necessary to conduct the research described in section 3, above to the
extent consistent with the City's policies and statutory obligations. The Parties further commit to
work together, in good faith, to make officers available for research by way of survey, interview
and examination. City shall work with Urban Institute researchers towards obtaining the consent
of individual officers for the officers' participation in research studies. City shall advertise
research study sessions to officers, shall facilitate Urban Institute researcher communication with
officers regarding study sessions and shall allow reasonable on-duty time for officers to
participate in research study sessions. City shall instruct managers and supervisors within the
Department to assist in advertising the research study sessions to those they supervise.
8. DEDICATED LIAISON
The City shall designate a representative with the authority to communicate directly with the
Chief of Police, to act as a liaison with Urban Institute researchers (the "Liaison"). The Liaison
will coordinate research efforts between the FWPD and Urban Institute researchers, and assist
the researchers in understanding and navigating the FWPD and the Fort Worth community.
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&The City of Fort Worth Page 9 of 17
9. PUBLICATION, PUBLICITY AND OWNERSHIP OF DATA
9.1 Publicity:
Both the City and Urban Institute agree to treat this research and each other's participation in this
research with discretion. Specifically, the City and Urban Institute agree that their management
will communicate with each other when a press query is made with regard to the research
described in this agreement, and shall, to the extent permissible, consult with one another before
making statements to the press regarding the research. Neither party will use the name, trade
name, trademark or other designation of the other party in connection with any products,
promotion, advertising, press release, or publicity without the prior written permission of the
other party.
9.2 Public Information Act:
Notwithstanding the foregoing, Urban Institute understands and agrees that the City is a public
entity under the laws of the State of Texas, and as such, is subject to various public information
laws and regulations, including, but not limited to, the Texas Public Information Act, Chapter
552 of the Texas Government Code (the "Act"). Urban Institute acknowledges that, under the
Act, the following information is subject to disclosure: 1) all documents and data held by the
City, including information obtained from Urban Institute, and 2) information held by Urban
Institute for or on behalf of City that relates to the transaction of City's business and to which
City has a right of access. If the City receives a request for any documents that may reveal any of
Urban Institute's proprietary information under the Act, or by any other legal process, law, rule,
or judicial order by a court of competent jurisdiction, the City will utilize its best efforts to notify
Urban Institute prior to disclosure of such documents. The City shall not be liable or responsible
in any way for the disclosure of information not clearly marked as "Proprietary Information" or if
disclosure is required by the Act or any other applicable law or court order. In the event there is a
request for such information, it will be the responsibility of Urban Institute to submit reasons
objecting to disclosure. A determination on whether such reasons are sufficient will not be
decided by the City, but by the Office of the Attorney General of the State of Texas or by a court
of competent jurisdiction.
9.3 Exclusive Authority Over Publication and Publication Contents:
Urban Institute researchers shall be free to publish the results of their research in their exclusive
discretion and as they see fit without approval of or interference by the City or anyone associated
with the City. Prospective publications will be subject to the terms and conditions of this
Agreement.
9.4 City Right to Advance Notice of Research Findings:
Notwithstanding the foregoing, Urban Institute researchers shall give the City no less than 30
calendar days' notice prior to submitting any of their research findings for publication to allow
the City an opportunity to review and identify information that is otherwise protected from
disclosure by law. Such notice shall be in writing in accordance with the provisions of Section 11
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&The City of Fort Worth Page 10 of 17
below and shall be in the form of the proposed publication itself, accurately describing the nature
and substance of any conclusions reached by Urban Institute researchers arising from research
undertaken pursuant to this Agreement. Within 30 calendar days of receiving the notice
contemplated in this paragraph, City may request that any publication of this research in a
scholarly journal mask the identity of City as the agency in which this research was conducted.
The release, if any, of this written report shall be in accordance with the City's obligations under
the Act. Proper acknowledgment will be made for the contributions of each party to the research
results being published.
9.5 Ownership of Research Data:
Except as provided herein, Urban Institute retains ownership of the Research Data collected in
the course of the research undertaken pursuant to this Agreement. Subject to the terms and
conditions of this Agreement, federal and state laws regarding privacy, Fiscal Year 2014
Competitive Grant Announcement issued by the DOJ for the National Center for Building
Community Trust and Justice, Urban Institute retains the right to publish scholarly works using
the Research Data. Research Data that contains personal identifiers of FWPD officers, City
employees, or persons whose names appear in investigation records shall remain in the sole and
exclusive ownership, custody, and control of the City.
10. INDEMNIFICATION
TO THE EXTENT PERMITTED BY LAW, URBAN INSTITUTE 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 OF ANY KIND,
INCLUDING, 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) URBANINSTITUTE'S BREACH OF ANY OF THE TERMS OR PROVISIONS
OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF URBAN INSTITUTE, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES,
CONTRACTORS (OTHER THAN THE CITY), IN THE PERFORMANCE OF THIS AGREEMENT, BUT
ONLY IN PROPORTION TO AND TO THE EXTENT SUCH CLAIMS, LAWSUITS, ACTIONS, COSTS,
EXPENSES, DAMAGES, LOSS OR INJURYARE CAUSED BY OR RESULT FROM THE NEGLIGENT
OR INTENTIONAL ACTS OR OMISSIONS OF URBAN INSTITUTE, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, OR CONTRACTORS; 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
URBAN INSTITUTE AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVELY IN ACCORDANCE WITH THE APPLICABLE LAWS OF THE STATES OF TEXAS
AND CALIFORNIA.
TO THE EXTENT PERMITTED BY LAW, CITY AGREES TO DEFEND, INDEMNIFY, AND HOLD
URBAN INSTITUTE, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST
ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING
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&The City of Fort Worth Page l l of 17
ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)
AND/OR PERSONAL INJURY (INCLUDING DEATI9 THAT MAY RELATE TO,ARISE OUT OF, OR
BE OCCASIONED BY(I) CITY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (II)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF
CITY, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN
URBAN INSTITUTE),IN THE PERFORMANCE OF THIS AGREEMENT, BUT ONLY IN PROPORTION
TO AND TO THE EXTENT SUCH CLAIMS, LAWSUITS, ACTIONS, COSTS, EXPENSES, DAMAGES,
LOSS OR INJURYARE CAUSED BY OR RESULT FROM THE NEGLIGENT OR INTENTIONAL
ACTS OR OMISSIONS OF THE CITY, ITS OFFICERS,
AGENTS, ASSOCIATES, EMPLOYEES, OR CONTRACTORS, EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM
THE SOLE NEGLIGENCE OF URBAN INSTITUTE 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 APPLICABLE LAWS OF THE STATES OF TEXAS
AND CALIFORNL4. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED HEREIN
SHALL EVER BE CONSTRUED SO AS TO REQUIRE CITY TO CREATE A SINKING FUND OR TO
ACCESS, LEVYAND COLLECT TAX TO FUND ANY OBLIGATIONS UNDER THIS SECTION.
This section shall survive the expiration or termination of this Agreement.
11. NOTICES
Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified mail, postage prepaid, to the address of the other
party shown below:
Urban Institute: Daniel Lawrence, Senior Research Associate
Justice Policy Center
Urban Institute
2100 M Street NW
Washington,DC 20037
City: Jesus J. Chapa,Assistant City Manager
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Copies To: City Attorneys Office
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
Contract Compliance Section
505 W. Felix Street
Fort Worth, TX 75115
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&The City of Fort Worth Page 12 of 17
12. INDEPENDENT CONTRACTOR
It is understood and agreed that Urban Institute and its researchers, in the performance of the
work and services agreed to be performed by Urban Institute, shall act as and be an independent
contractor and not an agent or employee of City. Nothing herein shall be construed as creating a
partnership or joint venture between Urban Institute and the City, its agents, employees. No
federal, state, or local income tax, nor any payroll tax of any kind, shall be withheld or paid by
the City on behalf of Urban Institute. Urban Institute shall not be treated as an employee with
respect to the services performed pursuant to this Agreement for federal or state tax purposes.
Urban Institute is not eligible for, and shall not participate in any employer pension, health, or
other fringe benefit plan of the City. The City will not obtain worker's compensation insurance
for Urban Institute and Urban Institute agrees to comply with applicable workers' compensation
laws. Urban Institute hereby expressly waives any claim it may have to any such rights.
Neither Urban Institute nor anyone employed by Urban Institute will represent, act, or purport to
act as, or be deemed to be an agent, representative, or employee of the City.Neither will the City
nor anyone employed by the City will represent, act, or purport to act as, or be deemed to be, an
agent, representative or employee of Urban Institute. Neither the City nor Urban Institute has
authority to make any statement, representation, or commitment of any kind or to take any action
binding upon the other party without the other party's prior written authorization.
13. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Facsimile,
Portable Document Format (PDF) or photocopied signatures of the Parties will have the same
legal validity as original signatures.
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties concerning the subject
matter hereof and supersedes all prior written or oral agreements or understandings with respect
thereto.
15. AMENDMENTS AND MODIFICATIONS
No amendment or modification of this Agreement will be valid or binding upon the Parties
unless made in writing and signed by each Party.
16. 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 Urban Institute's right to assert or rely on any such term
or right on any future occasion.
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&The City of Fort Worth Page 13 of 17
17. NO THIRD PARTY RIGHTS
This Agreement is solely for the benefit of Urban Institute and the City. This Agreement is not
intended to and does not create any cause of action, claim, defense or other right in favor of any
party who is not a signatory to this Agreement.
18. ASSIGNABILITY
The Parties agree that the expertise and experience of Urban Institute, and the researchers at
Urban Institute are material considerations for this Agreement. Urban Institute shall not assign or
transfer any interest in this Agreement nor the performance of any of Urban Institute's
obligations hereunder, without the prior written consent of the City, and any attempt by Urban
Institute to so assign this Agreement or any rights, duties or obligations arising hereunder shall
be void and of no effect.
19. RIGHT OF ACCESS
Urban Institute agrees that the City will have access to records related to the transactions
conducted under this Agreement to ensure compliance therewith.
This section shall survive the expiration or termination of this Agreement.
20. NON DISCRIMINATION COVENANT
Urban Institute, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Urban Institute's
duties and obligations hereunder, it shall not discriminate in the treatment or employment of any
individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES
FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY
URBAN INSTITUTE, ITS DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES URBAN
INSTITUTE AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM SUCH CLAIM, BUT
ONLY IN PROPORTION TO AND TO THE EXTENT SUCH ALLEGED VIOLATION IS
CAUSED BY OR RESULTS FROM THE NEGLIGENT OR INTENTIONAL ACTS OR
OMISSIONS OF URBAN INSTITUTE, ITS DIRECTORS, OFFICER, AGENTS OR
EMPLOYEES.
This section shall survive the expiration or termination of this Agreement.
21. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS
Urban Institute, 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 Urban Institute any such
Research Agreement Between Urban Institute
&The City of Fort Worth Page 14 of 17
violation on the part of Urban Institute or any of its officers, agents, servants, employees, or
subcontractors,then Urban Institute shall immediately desist from and correct such violation.
22. 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.
23. DISCLOSURE OF CONFLICTS
Urban Institute hereby warrants to the City that Urban Institute has made full disclosure in
writing of any existing or potential conflicts of interest related to Urban Institute's provision of
the Services. In the event that any conflicts of interest arise after the execution of this
Agreement, Urban Institute hereby agrees to make full disclosure to the City in writing
immediately upon learning of such conflict.
24. SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he or she has the legal authority to
execute this Agreement on behalf of his or her 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.
(Signatures on Following Page)
Research Agreement Between Urban Institute
&The City of Fort Worth Page 15 of 17
7.
IN WITNESS WHE F, the Parties have executed this MOU in duplicate originals effective
on this the i-oay o
i
APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR
OF FORT WORTH URBAN INSTITUTE
C&&-
Jesus J. Chapa Victoria Gee
Assistant City Manager Senior Contracts Administrator
Date: f�''� Date: December 6, 2018
AP RV RECOMMENDED APPROVED AS TO FORM AND
LEGALITY FOR URBAN INSTITUTE
hief el F.Fitzgerald
Chief of Police Name:
/ Title:
Date:
APPROVED AS TO FORM AND �0�� F )�i
LEGALITY FOR CITY OF FORT AT ST
i 7/IT Ti �/; •,
Fvvvnirl
ary J.K ser
'Phomas R. F ansen City Secretary )(A
Assistant City Attorney
Date:
Contract Compliance Manager: Tom_
By signing I acknowledge that I am the M&C No. (y A
person responsible for the monitoring and -
administration of this contract, including
ensuring all performance and reporting
requirements.
Name
Title Sr Y)
rFT-
L RECORD
Research Agreement Between Urban Institute C�y
&The City of Fort Worth bf 7
RTH, TX
EXHIBIT A
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any
agreement, amendment or change order on behalf of Vendor. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10)
business days if there are any changes to the signatory authority. City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by
Vendor.
Name: Victoria Gee
Position: Senior Contracts Administrator
Yic rri,a,5&&-
Signature
Name:
Position:
Signature
Name:
Position:
Signature
Name: Nani Coloretti
-71 d"itt)o Auk-)
Signature of Senior Vice President, Financial & Business Strategy and "Treasurer
Other Title:
j
Date:
Research Agreement Between Urban Institute
&The Cit, of Fon Worth-Exhibit A Page 17 of 17