court order 2016-0198 - civicweb
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COURT ORDER 2016-0198
MOU with University of Texas Health Science Center at Houston for Data Collection and Performance Measurements
On a motion made by Commissioner John Wiley Price, District 3, and seconded by
Commissioner Mike Cantrell, District 2, the following order was passed and adopted by the
Commissioners Court of Dallas County, State of Texas:
BRIEFING DATE:
2/16/2016 FUNDING SOURCE:
SAM HSA Grant1H79T1026072-01
Be it resolved and ordered that the Dallas County Commissioners Court does hereby approve
the contractual agreement with Dr. Jennifer Reingle Gonzalez PhD., of the University of Texas
Health Science Center at Houston (UTHSCH) to provide data collection and grant performance
measurement services under Enhancing Residential Treatment to Benefit Women in the
Community and authorizes the Dallas County Judge to sign the agreement and all related
documents on behalf of Dallas County.
Done in open court February 16, 2016, by the following vote:
IN FAVOR:
OPPOSED: ABSTAINED: ABSENT:
Honorable Clay Lewis Jenkins, County Judge Commissioner Dr. Theresa M. Daniel, District 1 Commissioner Mike Cantrell, District 2 Commissioner John Wiley Price, District 3 Commissioner Dr. Elba Garcia, District 4 None None None
Recommended by: Ron Stretcher Originating Department: Criminal Justice
MEMORANDUM OF UNDERSTANDING Between
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON And
DALLAS COUNTY, TEXAS
This Memorandum of Understanding ("MOU") is made and entered into by and between The University of Texas Health Science Center at Houston, located at 7000 Fannin, UCT Suite 1006, Houston, TX 77030 (hereinafter referred to as "UTH"), an agency and institution of higher education authorized under the laws of the State of Texas, and a component institution of The University of Texas System ("System") and Dallas County, Texas, a political subdivision of the State of Texas (hereinafter referred to as "County") (hereinafter referred to individually, a "Party"; collectively, the "Parties").
1. PURPOSE
The purpose of the MOU is to outline the responsibilities and cormnitments of each Party in the establishment of conditions, safeguards, and requirements under which both Parties agree to exchange information to each other and to ensure the confidentiality and security of all data provided and received under this MOU ("Purpose"). The data is being provided for independent evaluation of a SAMHSA-funded project that includes an analysis of drug treatment program participation, substance use patterns and behavioral outcomes, as more fully set forth in Exhibit C, the Scope of Work.
2. GENERAL TERMS AND CONDITIONS
2.1. Nothing in the MOU provisions shall be construed to limit either Party's jurisdiction, authority, power, privilege, and immunity pursuant to the Constitution and laws of the State of Texas.
2.2. To the extent this MOU conflicts with any other future agreement between the Parties, the conflicting provisions of this MOU shall be superseded and given no effect unless the future agreement explicitly references this MOU and states an intent not to supersede it. This MOU supersedes any previous MOU entered between the Parties regarding the Purpose, as defined herein.
3. TERM
This MOU is made effective as of the date of the last signature below (the "Effective Date"). This MOU will remain in effect for one (1) year after the Effective Date (the "Term") and may be renewed up to two (2) additional consecutive years. This MOU may be terminated at any time by either Party without cause, upon thirty (30) days written notice of termination to the other Party and will supersede existing agreements in cases where conflicts are found to exist.
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4. INCORPORATED DOCUMENTS
The following documents are incorporated by reference in this MOU for all purposes:
4.1 Data Protection Plan, Exhibit A.
4.2 FBI CJIS Security Addendum, Exhibit B.
4.3 Scope of Work, Exhibit C.
S. AGREEMENTS BETWEEN THE PARTIES
5.1. The project-funded Drug Treatment Coordinator (employed by Dallas County) agrees to refer all eligible women to UTH's principal investigator, Jennifer Reingle Gonzalez, Ph.D ("Pr') to complete the evaluation component of this project. The County will also provide objective substance use abstinence data (urinalyses), drug court and sentencing information for each participant, and offense characteristics for all participating women for evaluation purposes.
5.2. Both Parties agree to maintain confidentiality and privacy safeguards in accordance with all applicable state and federal statutes under which the shared data were gathered, particularly with regard to disclosure and redisclosure of information. In this respect, both Parties agree not to release information about specific identifiable subjects to anyone.
5.3. This agreement extends to the activities and behavior of all staff members in both Party's organizations who are working with the shared data.
5.4. Changes, additions, amendments and deletions of material may occur. County and UTH will consult with each other, review relevant research, evaluate statistical data and accept professional review, if necessary, prior to taking actions of this nature.
5.5. Research and Assessment
5.5.1. All research will be reviewed by UTH and County prior to any dissemination.
5.5.2. If any part of the research is to be subcontracted, UTH will ensure that the confidentiality and privacy rights contained in this MOU are flowed through to those subcontractors.
5.5.3. County will take ownership and responsibility for data currently residing within its office (i.e. type of release, demographic information, etc.) insuring the appropriate and legal confidentiality and privacy rights are maintained.
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5.6 CJIS Information Access. County shall require every UTH agent, employee, contractor, or subcontractor who will have access or potentially have access to Criminal Justice Information (CM) pursuant to this MOU to execute the CJIS Security Addendum in accordance with the Federal Bureau of Investigation C.JIS Policy 5.1 Section 5.1.1.5, as amended. The CJIS Security Addendum is attached as Exhibit B to this MOU. The CJIS Security Addendum shall be executed by all UTH agents, employees, contractors, or subcontractors performing services, supervision, work, labor, or other related activities pursuant to this MOU before obtaining access or potential access to systems processing, storing or transmitting CJI. Furthermore, County in its sole discretion shall make a determination based upon Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) peace officer criminal history screening rules (Title 37, Texas Administrative Code, Chapter 217) to determine eligibility for systems access for all UTH agents, employees, contractors, or subcontractors related to this MOU. This shall include criminal background checks and fingerprint identification.
6. GOVERNANCE
The legal governing bodies of County and UTH will each retain the right to make decisions related to their respective entities.
7. DESCRIPTION OF UTH OBLIGATIONS UNDER THIS MOU
7.1. Shall identify data needs, and designates the PI as the point of contact who will both request and receive subject-level data from County.
7.2 Produce all identified deliverables detailed in the attached Exhibit C.
7.3. Take all necessary and reasonable action by instruction or agreement with its employees, agents, and subcontractors to maintain security confidentiality, non-disclosure, and limitation of the use of the data. Employees, agents, and subcontractors of UTH may use data files to fulfill the purposes and obligations set forth in the agreement. UTH shall not provide, copy, disclose, directly or indirectly, to any third party any part of the data provided by County unless it is required by law or regulation to be disclosed.
7.4. Shall consult Ron Stretcher in the County's office for clarification on such matters as definitions, nuances, or anomalies with the data; clearly mark as "Draft" any analysis results to be shared with Dallas County.
7.5. Incorporate clarifications and input received by County into "final products."
7.6 Be the owner of analysis based on the data — including research reports, tables, indexes, charts, and other exhibits that have been shared with County prior to dissemination. Such analyses are the property of UTH and may be published without restriction.
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7.7. Attribute County as a data source in all charts, tables, and other exhibits that contain any data from the County's data file or are derived from the data files provided by County.
7.8. UTH will obtain review and comments from County before publishing at least two weeks prior to publication submission deadlines. UTH shall have the final authority to determine the scope and content of any publications or "final products."
7.9 UTH shall adhere to the Data Protection Plan as detailed in attached Exhibit A.
7.10 UTH shall execute the FBI CMS Security Addendum in attached Exhibit B.
S. DESCRIPTION OF COUNTY OBLIGATIONS UNDER THLS MOU
8.1. Designate Ron Stretcher as the point of contact for receiving and fulfilling data requests from UTH.
8.2. Provide timely access to the requested data.
8.3. Provide clarification on data definitions and any nuances or anomalies with the data.
8.4. Advise UTH on the interpretation, analysis, and policy implications of the County data.
8.5. Maintain sole authority for use of original case-level data, which may not be used by UTH for any other purpose other than that for which it was requested.
8.6. Review and provide feedback on any analysis results produced by UTH within a mutually agreed upon time frame.
8.7 County shall pay UTH a fixed price amount of Thirty Thousand Four Hundred Five and 00/100 ($30,405.00), which represents a fair estimate of UTH's costs in conducting the work outlined in Exhibit C. UTH will invoice County according to the payment schedule detailed in Exhibit C. Payment is due to 13TH within thirty (30) days of receipt of invoice by County.
9. DISPUTE RESOLUTION
Failure by either Party to perform any of the duties listed in this MOU or any accompanying exhibits or attachments shall constitute a default of this MOU. In the event of a default, the non-defaulting party is required to give notice to the defaulting party. Failure to send notice to the defaulting party shall not be deemed as a waiver of said default. The defaulting party shall have thirty (30) days following notice to cure said default. If the defaulting party is unable to cure said default, but has demonstrated a good faith effort within the sole discretion of the non-
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defaulting party, the non-defaulting party will give the defaulting party an additional thirty (30) days to cure said default. During the period in which such notice of default has been sent, until the Parties collectively agree that the default has been cured, the non-defaulting party has the right to terminate this MOU.
With the exception of injunctive relief, as specified in Section 12, being sought by either Party, any controversy or claim arising out of or relating to this MOU or the breach, termination, validity or enforceability hereof shall be finally and exclusively settled first by mediation under applicable Texas law. If the Parties are not able to engage in good-faith mediation of the dispute within thirty (30) days of being notified of such dispute, then the Parties are free to proceed with litigation.
10. CONFIDENTIALITY
UTH agrees to comply with all applicable requirements of the United States Constitution and laws and the Texas Constitution and laws regarding privacy of arrestee information. In the event that the County is required to furnish information or arrestee records pursuant to the Texas Public Information Act, UTH shall have the right to release such information and records in its possession, subject to any applicable legal exceptions.
11. NON-D1SCLOSURE OF CONFIDENTIAL INFORMATION
The Parties agree to hold and safeguard their respective Confidential Information in trust for each other, their successors and assigns and agree that they shall not, without the prior written consent of the other Party, use for personal gain or private purposes or misappropriate or disclose or make Confidential Information available to anyone for use outside their respective organizations at any time, either during the term of this MOU or subsequent to the termination of this MOU.
The term "Confidential Information"shall include:
11.1. Proposals, intellectual property, inventions, and works of authorship created solely by one of the Parties without consultation with the other; and
11.2. Computer programs, system documentation, special hardware, product hardware, related software development manuals, formulations, processes, computer programs, source codes, data bases, designs, schematics, other original works of authorship or other subject matter belonging exclusively to one of the Parties, or relating to the Parties' affairs.
11.3 Nothing in this MOU shall be interpreted as placing any obligation or expectation of confidentiality of non-use on the part of the receiving Party with respect to any portion of the Confidential Information received from the disclosing Party that:
a. is not disclosed in writing or reduced to writing and marked with an appropriate confidentiality legend within thirty (30) days after disclosure;
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b. is already in the recipient Party's possession at the time of disclosure;
c. is or later becomes part of the public domain through no fault of the recipient Party;
d. is received from a third party having no obligations of confidentiality to the disclosing Party;
e. is independently developed by the recipient Party; or
f. is required by law or regulation to be disclosed.
In the event that information is required to be disclosed pursuant to subsection f, the Party required to make such disclosure shall notify the other to allow that Party to assert whatever exclusions or exemptions may be available to it under such law or regulation. Such disclosure shall be limited to only that portion of the Confidential Information which is legally required to be disclosed.
12. INJUNCTIVE RELIEF
The Parties acknowledge and agree that any breach of Sections 10 and 11 herein would cause irreparable harm. Either party, therefore, shall have the right to seek injunctive relief, in addition to all of its other rights and remedies at law or in equity, to enforce the provisions of this MOU. Such injunctive relief is for the purpose of preventing either Party's disclosure of Confidential Information, all as specified in Sections 10 and 11 of this MOU, without the necessity of proving actual damages. The covenants in this MOU are independent and the existence of any claim or cause of action of one Party against the other whether predicated on this MOU or otherwise, shall not constitute a defense to the enforcement of the covenant preventing disclosure of Confidential Information as set forth in Sections 10 and 11. If the Party seeking injunctive relief is awarded an injunction, in addition to any other remedy in connection with the enforcement of such provisions, the Party awarded the injunction shall further be entitled to such other relief, as allowed by applicable law.
13. INDEMNIFICATION
To the extent permitted under Texas law and without waiving any defenses including governmental immunity, each Party to this MOU agrees to be responsible for its own acts of negligence, which may arise in connection with any and all claims for damages, costs and expenses to person or persons and property that may arise out of or be occasioned by this MOU or any of its activities or from any act or omission of any employee or invitee of the Parties of this MOU. The provisions in the paragraph are solely for the benefit of the Parties to this MOU and are not intended to create or grant any rights, contractually or otherwise to any third party.
14. LEGAL CONSTRUCTION
In case any one or more provisions contained in this MOU shall for any reason be held to be
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invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this MOU shall be considered as if such invalid illegal, or unenforceable provision had never been contained in this MOU. In the event this MOU is inconsistent or conflicts with any other agreement between the Parties, this MOU shall supersede.
15. GOVERNING LAW AND VENUE
This MOU shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue shall lie in the State and Federal Courts of competent jurisdiction physically located in Dallas County, Texas.
16. CAPTIONS
The captions to the various clauses of this MOU are for informational purposes only and shall not alter the substance of the terms and conditions of this MOU.
17. COUNTERPARTS
This MOU may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument.
18. SUCCESSORS AND ASSIGNS
This MOU shall be binding upon and inure to the benefit of the Parties h6reto and their respective assigns.
19. NOTICE
All notices, communications, and reports generated under this MOU shall be delivered to the respective parties at the contact information shown below, by courier, electronically (fax or email) or by certified mail with a copy sent by prepaid postage through the United States Postal Services, by courier, electronically (fax or e-mail) or other methods identified, including personal delivery by an employee.
UTH Contact:
Karen Niemeier Director, Contracts Sponsored Projects Administration 7000 Fannin, Suite 1006 Houston, Texas 77030 Office: (713) 500-3999
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UTH PI Contact:
Jennifer Reingle Gonzalez, Ph.D. 6011 Harry Hines Blvd. Room V8.112N Dallas, TX 75390 Office: (908) 601-2744
County Contact:
Ron Stretcher Dallas County Director of Criminal Justice Frank Crowley Courts Building 133 N. Riverfront Blvd. LB 49 Dallas, Texas 75027 ron.stretcher®dallascounty.org Office: (469) 385-1720
w/a copy to:
Chong Choe Assistant District Attorney Dallas County District Attorney's Office 411 Elm Street, 5* Floor Dallas, Texas 75202
20. SOVEREIGN IMMUNITY
This MOO is expressly made subject to County's Sovereign Immunity. Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable State of Texas and federal laws.
21. FISCAL FUNDING CLAUSE
Notwithstanding any provisions contained herein, the obligations of County under this MOO are expressly contingent upon the availability of funding for each item and obligation contained herein for the Term of the MOU and any extensions thereto, UTH shall have no right of action against County in the event County is unable to fulfill its obligations under this MOU as a result of lack of sufficient finding for any item or obligation from any source utilized to fund this MOU or failure to budget or authorize funding for this MOU during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this MOU as a result of lack of sufficient funding, or if funds become unavailable, County. at its sole discretion, may provide funds from a separate source or may terminate this MOU by written notice to UTH at the earliest possible time.
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0- BY: Karen Niemeier Director, Contracts Sponsored Project Administration
DATE:
70/6
Jetir er Rei Principal Iniistiiator
22. RELATIONSHIP OF PARTIES
UTH is an independent contractor and not an agent, servant, joint enterprise or employee of County. UTH represents that it has, or will secure at its own expense, all personnel and consultants required in performing the services herein. Such personnel and consultants shall not be employees of or have any contractual relationship with County.
23. SIGNATORY CERTIFICATION
Each Party assures and guarantees the other Party that it possesses the legal authority to enter into this MOU, receive or disburse funds authorized by the MOU, and to perform the obligations described herein. The person(s) signing this MOU on behalf of a Party represent and certify that they: (1) have been duly authorized to sign this MOU, and (2) have the authority to validly and legally bind their respective Party to the terms of this MOU.
IN WITNESS 'WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives,
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON:
READ AND UNDERSTOOD:
DATE: ,..11.fttoLn3 9.t t Le
DATE: February 16, 2016
RE9DMMErED:
avt .4460 By: Ron Stretcher
Director of Criminal Justice
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APPROVED AS TO FORM*:
SUSAN HAWK DISTRICT ATTORNEY
Chong Choe-'-) Assistant District Attorney
'BY LAW, THE DISTRICT ATTORNEY'S OFFICE MAY ONLY ADVISE OR APPROVE CONTRACTS OR LEGAL DOCUMENTS ON BEHALF OF ITS CLIENTS. IT MAY NOT ADVISE OR APPROVE A LEASE, CONTRACT, OR LEGAL DOCUMENT ON BEHALF OF OTHER PARTIES. OUR REVIEW OF THIS DOCUMENT WAS CONDUCTED SOLELY FROM 11-IE LEGAL PERSPECTIVE OF OUR CLIENT. OUR APPROVAL OF THIS DOCUMENT WAS OFFERED SOLELY FOR THE BENEFIT OF OUR CLIENT. OTHER PARTIES SHOULD NOT RELY ON THIS APPROVAL, AND SHOULD SEEK REVIEW AND APPROVAL BY THEIR OWN RESPECTIVE ATTORNEY(S).
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EXHIBIT A
DATA PROTECTION PLAN
Data Protection Plan Components
1. Title of Research Project and Principal Investigator (PI)
Project Title: Name of PI: Title:
Organization: Street Address: City, State, Zip: Phone: Fax: Email:
Enhancing Residential Treatment to Benefit Women in the Community Jennifer Reingle Gonzalez, PhD Assistant Professor School of Public Health, Dallas Regional Campus The University of Texas Health Science Center at Houston 6011 Harry Hines Blvd, V8.112N Dallas, TX 75390 928-601-2744
2. List and describe all locations where copies of the data will be kept.
Faculty Office at UTH: Data will reside in ONE location. The location is the PI's University office located at The University of Texas Health Science Center at Houston, 6011 Harry Hines Blvd, 001/8112, Dallas, Texas 75390. Door will remain locked when not in use.
3. Description of the computing environment in which data will be used:
a. Computing platform: University encrypted iMac located in secured office on University grounds.
b. Number of computers which data will be stored and analyzed: Data will be stored on an internal hard drive. Analyses will be carried out on ONE computer.
c. Whether personal computers used in the research project will be attached to a network or will operate independently (stand-alone): Desktop computer to be used will NOT be connected to a network OR Internet while data are being analyzed.
d. Physical environment in which computer is kept: In locked room when not in use by PI.
4. Description of how data will be stored:
Data will be stored on an encrypted, university maintained internal hard drive. Data will be encrypted and password protected to the computer described above. Paper copies of interview forms and codebooks will be stored in a locked steel file cabinet after entry into the electronic database by the PI. NO DATA WILL BE PRINTED. Any analysis findings will be secured in
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the same fashion as the data itself. Data will NOT be transmitted in any form whatsoever. Backup data will NOT be created.
5. Description of the methods of data storage when data is not being used.
Data will be encrypted and stored on an internal drive that is NOT accessible to anyone but the Pl.
6. Description of the methods of transmitting the data between research team members:
a. NOT APPLICABLE- Access to data will only take place in the PI's office and the data will NOT be transmitted in any form once delivered by Dallas County. The research assistant for the project will have supervised access occasionally to verify data entry for self-report interview data only.
b. County-provided data will not be shared with any third party. Only the PI will have access to the data. A Certificate of Confidentiality will be requested from SAMHSA immediately after 1RB approval has been obtained.
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EXHIBIT B
FBI CMS SECURITY ADDENDUM
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EXHIBIT C
SCOPE OF WORK
UTH, under the direction of Dr. Jennifer Reingle Gonzalez, will conduct 3 interviews with 36 participants each year, manage and analyze all evaluation data for this project. Dr. Reingle Gonzalez will conduct participant interviews at intake to the project, 6 months after intake, and discharge from the project. She will also enter all data gathered from the County and Drug Treatment Coordinator, analyze data, generate monthly reports, attend team meetings, and provide the team with output, outcomes and process data over the 3-year course of this project. Dr. Reingle Gonzalez will be responsible for manuscript preparation and dissemination of results.
DELIVERABLES
Evaluation for SAMIISA project entitled, "Enhancing Residential Treatment to Benefit Women in the Community" (1H79TI026072). During the 3-year study period, Dr. Reingle Gonzalez will:
• Interview participating women referred by the Drug Treatment Coordinator at 3 SAMHSA-required time periods (baseline, 6-months post-baseline, and discharge)
• Contact participants, schedule and conduct follow-up interviews
• Attain an 80% follow-up rate (required by SAMHSA) for each project year
• Manage and dispense $25 gift card incentives for participation in each interview
• Manage and store physical and electronic data
• Attend monthly Project Advisory meetings with Dallas County and project staff to present ongoing progress reports
• Work with the Project Director to submit a performance assessment annually or bi-annually as required by SAMESA
• Prepare an annual executive summary for review by the Dallas County Behavioral Health Leadership Committee, Dallas County, and the Nexus Recovery Center
• Publish outcomes reports in a peer-reviewed scientific journal within 12 months of project completion
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BUDGET Three Year Project Budget
A. Personnel
Name/Position
Computation
Cost
- Jennifer Reingle Gonzalez, Ph.D., (P1) (2.40 Month Salary@ $6,933.33/mo. X 12
mos.) $16,700
B. Fringe Benefits - 24% of Salary Amount
C. Travel - Travel to treatment location for interviews (30 miles RT) x 36 people x 2 interviews
D. Equipment
E. Supplies - Project specific supplies - $889
F. Other - Statistical software license (State SE) • Encrypted laptop computer for evaluation interviews - $1800
$4,008
$1123
$0
$889
$1800
G. Indirect Costs to UT!!
($24520 X 24%)
$5885 (24% of proposed costs)
TOTAL PROJECT COSTS: $30,405
PI may transfer funds within the budget as needed without County's approval so long as the scope of work under Exhibit C remains unchanged. It is understood that any unexpended funds remaining at the conclusion of the Term shall be retained by UTH.
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Payment Schedule
UTH will invoice County according to the following payment schedule:
• Upon execution of the MOU
$ (0,135.00 August 1,2016
$ 10,135.00 • December 31, 2016
$ 10,135.00
Total Project Costs $ 30,405.00
UTH will send invoices to County at the following address:
Ron Stretcher Director of Criminal Justice Frank Crowley Criminal Courts Building 133 N. Riverfront Blvd., LB 5 Dallas, Texas 75207
County will make checks payable to "The University of Texas Health Science Center at Houston" and submit to the following address if sent by mail:
The University of Texas Health Science Center at Houston P.O. Box 301418 Dallas, TX 77030
If sent by Courier:
Financial Administrative Support Team 7000 Fannin, UCT 901 Houston, TX 77030
Please include UTH's invoice number and reference Project ID #1H79T1026072-01 and Dr. Jennifer Reingle Gonzalez on all checks.
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