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HomeMy WebLinkAboutResolution - 2016-R0199 - MOU For 10 And 12 Hour Shifts - 06/09/2016/ Resolution No.2016-R0199 Item No.5.17 June 9,2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock and the Lubbock Police Department, a Memorandum of Understanding with Texas Tech University for collaboration on research related to the job effectiveness and satisfaction following the police department's adoption of 10 and 12 hour shifts,and related research activities.Said Memorandum of Understanding is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on June 9 ,2016. DANIEL M.POPE,MAYOR ATTEST: Jl<^_*. Rebecca Garza.City Secretary AS?fO CONTENT: APPROVED AS TO FORM; stantX-ity^Attorney CITYATI\)OI IN\LPD -Contracls\RHS.MOU'rrURcscarchStud\.2016.doc Resolution No. 2016-R0199 Memorandum of Understanding Between Texas Tech University And Lubbock Police Department This Memorandum of Understanding ("MOU") sets for the terms and understanding between Texas Tech University ("TTU") and the City of Lubbock, Texas on behalf of the Lubbock Police Department ("LPD") to collaborate on a research related to the research project outline below. Background There is continuing debate within the field of law enforcement research regarding which shift - length is most beneficial to agencies in terms of job effectiveness and satisfaction, as well as the well-being (both psychological and physical) of officers. As the LPD will undergo changing in their long -stand shift schedules on February 20, 2016, this research collaboration will be established to conduct multi -year study to observe the impact on job satisfaction, and physical and psychological well-being on officers impacted by a 10- or 12-hour shift schedule. Purpose and Project Scope This MOU formally establishes a research collaboration between TTU and the LPD. The proposed research project has the goal of quantifying the impact of the changing of shift schedules on Lubbock Police officer job satisfaction and well-being, including physical and psychological aspects. These areas will be measured at various times points for three years following the implementation of the new shift schedules. It is anticipated the results of this study will provide information that can be used for potential office recruitment, retention, as well as other aspects of agency operations. TTU will use reasonable efforts to perform the research and may exercise discretion and independent judgment as to the method and means of performing the research. The primary investigator for the proposed project is Megan Thoen, Ph.D., Research Assistant Professor, TTU - Institute for Forensic Science and she is responsible for performing the research on behalf of TTU. She will be responsible for overseeing all aspects of the project, including but not limited to, data collection and interpretation, preparation of data summaries, and dissemination of data findings. Andy Young, Ph.D., Professor, Lubbock Christian University, will serve as co - investigator of this project. This MOU confirms the LPD will assist in this research effort by providing public information regarding current personnel (i.e., names of sworn -officers) and access to briefings or other designated meetings to recruit potential study participants to fulfill this research objective. Participation in the study will be voluntary. To protect the privacy of study participants, each voluntary participant will be given a survey with a random number on it. The study participants will place those, once completed, in a drop box placed in the briefing area. The box will be locked Page 1 of 4 and will be, and will remain, the property of TTU. Once the survey period is done, TTU will take possession of the box and processes the surveys anonymously. Reporting/Publication Summaries of research findings will be provided to the LPD throughout the project as they become available. LPD recognizes that TTU's academic role and mission is to publish and disseminate the results of its research activities and, accordingly, LPD agrees that TTU is free to release information and publish any materials resulting from the research. TTU agrees to provide LPD, in confidence, with an advanced copy of any publication resulting from the research not less than 30 days prior to the submission to a journal or any other public disclosure. In addition, TTU agrees to remove individually identifiable information from published materials resulting from the research. TTU shall have the final authority to determine the scope and content of any publications or presentations made by its employees in accordance with the limitations of this paragraph. Funding This MOU is not a commitment of funds and does not create any fiscal obligation on the part of either party. Each party will bear its own costs, risks and liabilities arising out of its obligations and efforts under this MOU during the period it is in effect. No party shall have any right for reimbursement, payment, or compensation of any kind for work performed under this MOU. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the governing body of any of the Parties fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Parties fail to certify funds for any reason, then and upon the occurrence of such event, this Agreement shall terminate as to that Party and the Party shall then have no further obligation to the any other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended, any other Party's sole and exclusive remedy shall be to terminate this Agreement. If this agreement is between governmental entities, as defined by Chapter 791 of the Texas Government Code, each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. Duration This MOU shall become effective upon signature by the authorized officials from both parties and will remain in effect until February 28, 2019 unless terminated for any reason by either party by providing 30 days prior written notice. Venue and Applicable Law This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or regulations of the United States of America, the State of Texas and the Parties, and any other regulatory body having jurisdiction. This Agreement shall be construed and governed according to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County, Texas exclusively. Page 2 of 4 Rights and Remedies Reserved The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. Public Information This Agreement is public information. To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended (the "Texas Public Information Act") the same shall be of no force and effect. No Third -Party Beneficiaries This Agreement is entered solely by and between, and may be enforced only by and among the Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or obligations to any third parties. No Personal Liability Nothing in this Agreement is construed as creating any personal liability on the part of any employee, officer or agent of any public body that may be a party to this Agreement. No Joint Enterprise This Agreement is not intended to, and shall not be construed to create any joint enterprise between or among the parties. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE CITY OF LUBBOCK RETAINS ALL GOVERNMENTAL IMMUNITIES. Page 3 of 4 Contact Information Texas Tech University Megan Thoen, Ph.D. 4434 South Loop 289, Lubbock, TX 79414 (806) 834-1687 megan.thoen(a)ttu.edu City of Lubbock, Texas Attn: City Secretary PO Box 2000 Lubbock, TX 79457-2000 AUTHORIZED SIGNATORIES Jennifer Ad n, Managing Dir ctor Procurement Svcs. Date: Li w/ copy to Texas Tech University Contracting PO Box 41094 Lubbock, Texas 79409 (806)742-3844 Purchasing.contractingAttu.edu w/ copy to Lubbock Police Department Greg Stevens, Chief of Police 916 Texas Avenue, Lubbock, TX 79401 (806) 775-2865 gstevensAmail.ci.lubbock.tx.us City of Lubbock, Texas DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secret APPROVED AS TO CONTENT: 4 �v Gre eveas'Chief of Police Page 4 of 4