Original Agreement

City of Mesa — City Council (2026-06-01)

Extracted text (via ocr_local) 25190 characters

INTERGOVERNMENTAL AGREEMENT
COST REIMBURSABLE

ASU Reference No. FP33945/SPA5158

THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into by
and between:

The City of Mesa, a municipal corporation (“Sponsor”), and the Arizona Board of Regents
for and on behalf of Arizona State University (“ASU”), an institution of higher learning
established by the laws of the State of Arizona, having a place of business at Centerpoint
Suite 204, 660 S. Mill Ave., Tempe, AZ 85281. Sponsor and ASU may be individually
referred to in this Agreement as “Party” or collectively as “Parties.”

WHEREAS, Sponsor desires to fund research to be performed by ASU, as described in the
scope of work attached hereto and incorporated herein as Exhibit A (the “Project”), and
ASU desires to conduct such work. The Project contemplated by this Agreement is of
mutual interest to Sponsor and ASU and furthers the educational, scholarship and research
objectives of ASU.

WHEREAS, the Parties are authorized to enter into this Agreement with one another
pursuant to Arizona Revised Statutes (“A.R.S.”). § 11-952 and other statutes.

WHEREAS, The Arizona Board of Regents (ABOR) is authorized to enter into agreements
by the Arizona legislature (A.R.S. § 15-1625.B).

NOW, THEREFORE, in reliance on the commitments and obligations set forth herein, and
with the intention of being legally bound hereby, the Parties agree as follows:

EFFECTIVE DATE. This Agreement will be effective as of the date of the last signature
below.

SCOPE OF WORK. ASU will use reasonable efforts to perform the services and deliver
any reports or other items specified in Exhibit A (“Work”).

KEY PERSONNEL. ASU will provide Dr. Charles Katz as Principal Investigator (“PI”) for
the work contemplated and performed under this Agreement. Additionally, ASU will
provide two (2) personnel as Crime Analysts (each, a “CA”) for work contemplated and
performed under this Agreement.

PERIOD OF PERFORMANCE. This Agreement will begin on September 1, 2022 and will
terminate on August 30, 2023. This Agreement may be modified or extended at any time
by mutual written consent of both Parties.

COMPENSATION. Compensation will be on a cost reimbursable basis. Sponsor will
reimburse ASU in an amount not to exceed $217,228 for ASU's Work hereunder. Sponsor
will remit not less than twenty five (25%) of the total contract price upon execution by
both Parties of this Agreement, which ASU may hold as a reserve. Sponsor acknowledges
and agrees that ASU is not obligated to commence Work until ASU has received this initial
payment (“Advance”) in the amount of $54,307. The balance of the contract price due

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under this Agreement will be paid upon receipt of invoices from ASU issued monthly for
the duration of the period of performance up to the contract value less the reserve.
Invoices are due and payable within 30 days.

ASU reserves the right to subject invoices not paid within thirty (30) days of the invoice
date to a 1% per month late fee on the unpaid balance for any amounts not in dispute.
ASU reserves the right to discontinue the Work if Sponsor fails to make payments within
30 days of receipt of invoice.

In the event of non-payment, ASU may terminate all further Work on the Project and seek
full payment from the Sponsor for all work performed and all expenses incurred including
allocable costs, pursuant to the termination clause of this Agreement including the
collection of payment.

If it becomes necessary for ASU to commence collection proceedings or retain an attorney
to enforce any of the terms of this Agreement, the Sponsor will pay the attorneys’ fees
and the costs of collection incurred by ASU.

ASU invoices wil! be submitted to Sponsor at the address set forth in the Notices provision.

Questions regarding payment will be directed to the person who issued the invoice or to
cashmanagement@asu.edu.

ASU remittance address and wire transmittal information will be presented on invoices. To
ensure prompt processing ASU requests remittances reference “Sponsor Award Number”
and “Principal Investigator” as identified on invoice.

CONFIDENTIAL INFORMATION. Any information exchanged between the Parties
through this Agreement shall not be used for purposes other than those covered in the
scope of work without prior approval of all Parties to this Agreement except as may
otherwise be required by law.

ASU will not use, or disclose to any third party, information obtained from Sponsor through
this Agreement in any manner whatsoever except as permitted under this Agreement, and
will require that its employees and agents who have access to such information maintain
the information in strict confidence; provided that Parties’ obligations hereunder shall not
apply to information that (1) was already known to the receiving Party prior to the time of
first disclosure, as demonstrated by contemporaneous, written documentation; or (2) at
the time of disclosure is in the public domain, or after the date of the disclosure, lawfully
becomes a part of the public domain other than through breach of this Agreement by the
receiving Party; or (3) is received without any obligation of confidentiality from a third
party having a legal right to disclose the same; (4) is independently developed by the
receiving Party by individuals without access to such information, as demonstrated by
contemporaneous, written documentation; or (5) is required to be disclosed by the
receiving Party pursuant to a legally enforceable order, subpoena, or other regulation
("ORDER"), provided, however, that the receiving Party promptly notifies the disclosing
Party in advance of such disclosure and discloses only that information necessary to
comply with said ORDER.

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PUBLICATIONS. Sponsor recognizes that under ASU policy the results of work performed
under this Agreement must be publishable and agrees that ASU and its employees and
students engaged in work under this Agreement will be free to present at symposia or
professional meetings, and to publish in journals, theses or dissertations, or otherwise of
their own choosing, methods and results of the work performed under this Agreement.
Copies of proposed manuscripts and presentation materials will be furnished to Sponsor
for review prior to publication or presentation. If Sponsor identifies any confidential
information, as described in the section above labeled Confidential! Information, in the
proposed publication or presentation materials, ASU will remove such confidential
information prior to publication or presentation. In no event will ASU delay publication or
the presentation for more than thirty (30) days from date of submittal of the manuscript
or presentation materials for Sponsor review.

NOTICES. Ail official notices, by either Party, required or permitted under this Agreement
will be in writing and will be given by personal delivery against receipt (including private
courier such as FedEx), email with “Read Receipt” or certified U.S. Mail, return receipt
requested. All notices will be sent to the addresses below or such other addresses as the
Parties may specify in the same manner. Notices will be deemed to have been given and
received on the date of actual receipt or on the date receipt was refused. Addresses are
as follows:

For ASU: Office for Research & Sponsored Projects Administration
Arizona State University
USPS address: PO Box 876011, Tempe, AZ 85287-6011
Courier address: Centerpoint, Suite 204, 660 S. Mill Ave., Tempe, AZ 85281
Email: asu.awards@asu.edu
Email cc: ASU Principal Investigator charles. katz@asu.edu

For Sponsor:
Spencer Houk
130 N. Robson
Mesa, AZ 85201
Spencer.houk@mesaaz.gov
CC: Patrick.Phelps@mesaaz.gov

For ASU invoice transmittal to Sponsor financial contact:
Patricia VanDerMallie
130 N Robson
Mesa, AZ 85201

Patricia. VanDerMallie@MesaAZ.gov

Beth Thuringer

130 N Robson

Mesa, AZ 85201

Beth. Thuringer@mesaaz.gov

ENTIRE AGREEMENT; AMENDMENTS; COUNTERPARTS. This Agreement constitutes
the entire understanding between the Parties relating to the subject matter hereof, and
supersedes any other agreement or understanding between the parties. No amendment

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or modification to this Agreement will be valid or binding upon the Parties unless made in
writing and signed by each Party. This Agreement may be executed in counterparts, each
of which will be deemed an original. The Parties agree that should any part of this
Agreement be held to be invalid or void, the remainder of the Agreement will remain in
full force and effect and will be binding upon the Parties. Electronically transmitted and
imaged copy signatures will be fully binding and effective for all purposes.

WAIVERS. No waiver of this Agreement will be valid or binding unless written and signed
by the Parties. Waiver by either Party of any breach or default of any clause of this
Agreement by the other Party will not operate as a waiver of any previous or future default
or breach of the same or different clause of this Agreement.

ASSIGNMENT. Neither Party may transfer or assign this Agreement or any of its rights
or obligations hereunder, directly or indirectly, or by operation of law, without the other
Party’s prior written consent, and any attempt to the contrary will be void.

GOVERNING LAW AND VENUE. This Agreement will be governed by the laws of the
State of Arizona without regard to any conflicts of laws principles. ASU's obligations are
subject to the regulations/policies of the Arizona Board of Regents. Any proceeding arising
out of or relating to this Agreement will be conducted in Maricopa County, Arizona. Each
Party consents to such jurisdiction, and waives any objection it may have to venue or
convenience of forum.

FAILURE OF LEGISLATURE TO APPROPRIATE. In accordance with A.R.S. § 35-154,
if ASU’s performance under this Agreement depends on the appropriation of funds by the
Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for
performance, then ASU may provide written notice of this to Sponsor and cancel this
Agreement without further obligation of ASU. Appropriation is a legislative act and is
beyond the control of ASU.

CONFLICT OF INTEREST. If within three (3) years after the execution of this Agreement,
Sponsor hires as an employee or agent any ASU representative who was significantly
involved in negotiating, securing, drafting, or creating this Agreement, then ASU may
cancel this Agreement as provided in A.R.S. § 38-511.

INDEPENDENT CONTRACTOR. ASU is an independent contractor and will be free to
exercise its discretion and independent judgment as to the method and means of
performance of its work hereunder. ASU employees will not be considered employees of
Sponsor, and neither ASU nor Sponsor personnel will, by virtue of this Agreement, be
entitled or eligible to participate in any benefits or privileges given or extended by the
other Party to its employees.

TERMINATION. Either Party may at any time terminate this Agreement by giving the
other Party not less than thirty (30) days prior written notice. In the event this Agreement
is canceled by Sponsor, Sponsor will remain responsible for payment to ASU for all work
performed through the date of termination and for reimbursement to ASU of all non-
cancelable commitments incurred in the conduct of the research. Non-cancelable
commitments will include employment commitments to ASU personnel through the end of
the semester following any such termination by Sponsor. Notwithstanding payment for all
work performed through the date of termination and for reimbursement to ASU of all non-

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cancelable commitments incurred in the conduct of the research, any unused funds from
the Advance will be returned. In the event ASU terminates this Agreement any unused
funds from the Advance will be returned.

DISPUTE RESOLUTION. In the event of any dispute, claim, question, or disagreement
arising from or relating to this Agreement or the breach thereof, the Parties will use their
reasonable efforts to settle the dispute, claim, question, or disagreement. To this effect,
they will consult and negotiate with each other in good faith and, recognizing their mutual
interests, attempt to reach a just and equitable solution satisfactory to both Parties. The
Parties acknowledge that disputes arising from this Agreement may be subject to non-
binding arbitration in accordance with applicable state law and court rules.

INDEMNIFICATION. Each Party (as ‘indemnitor’) agrees to indemnify and hold harmless
the other Party (as ‘indemnitee’) from and against any and all claims, losses, liability,
costs, or expenses (including reasonable attorney fees) (hereinafter collectively referred
to as ‘claims’) arising out of bodily injury of any person (including death) or property
damage, but only to the extent that such claims which result in vicarious/derivative liability
to the indemnitees, are caused by the act, omission, negligence, misconduct, or other fault
of the indemnitor, its officers, officials, agents, employees, or authorized volunteers.

INSURANCE. ASU maintains general liability insurance and worker’s compensation
coverage as required by state law and pertinent federal laws and regulations under the
State of Arizona Risk Management Plan.

NONDISCRIMATION. The Parties agree to comply with all applicable state and federal
laws, rules, regulations and executive orders governing equal employment opportunity,
immigration and nondiscrimination, including the Americans with Disabilities Act. If
applicable, the Parties will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-
300.5(a) and 60-741.5(a). These regulations prohibit discrimination against
qualified individuals based on their status as protected veterans or individuals
with disabilities, and prohibit discrimination against all individuals based on their
race, color, religion, sex, or national origin. These regulations require that
covered prime contractors and subcontractors take affirmative action to employ
and advance in employment individuals without regard to race, color, religion,
sex, national origin, protected veteran status or disability.

ADVERTISING, PUBLICITY, NAMES AND MARKS. The Parties will not do any of the
following, without, in each case, each Party’s prior written consent: (i) use any names,
service marks, trademarks, trade names, logos, or other identifying names, domain
names, or identifying marks of a Party (ASU Marks or City of Mesa or Mesa Police
Department Marks) for any reason, including online, advertising, or promotional purposes;
(ii) issue a press release or public statement regarding this Agreement,_except for
documents used for internal consumption by a Party; or (iii) represent or imply any
endorsement or support of any product or service on the part of the other Party in any
public or private communication. Any permitted use of ASU Marks must comply with ASU’s
requirements, including using the ® indication of a registered mark.

Force Majeure. With the exception of a Party’s payment obligations, no liability shall
result from the delay in performance or nonperformance caused by force majeure or
circumstances beyond the reasonable control of the Party affected, including, but not

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limited to, acts of God, fire, flood, substantial snowstorm or other weather condition, war,
terrorism, embargo, any United States or foreign government regulation, direction or
request, accident, disease, pandemic or epidemic, strike or other labor dispute or labor
trouble, civil unrest, or any failure or delay of any transportation, power, equipment or
communications system, other emergencies that disrupt a Party’s operations, or any other
or similar cause beyond that Party’s reasonable control.

The Party which is so prevented from performing shali give prompt notice to the other
party of the occurrence of such event of force majeure, the expected duration of such
condition and the steps which it is taking to correct such condition. This Agreement may
be terminated by either Party by written notice upon the occurrence of such event of force
majeure which results in a delay of performance hereunder exceeding thirty (30) days.

FEDERAL DISCLOSURE REQUIREMENTS. Sponsor acknowledges and agrees that: (1)
federal agencies that provide funding for research may require disclosure of contracts
pursuant to Section 223 of the National Defense Authorization Act (NDAA), Section 117 of
the Higher Education Act of 1965, as amended (HEA), and National Security Presidential
Memorandum 33 (NSPM-33) (collectively, “Federal Disclosure Requirements”); and (2)
nothing in this Agreement shall prevent ASU from disclosing the Agreement to federal
agencies pursuant to the Federal Disclosure Requirements.

**SIGNATURE PAGE FOLLOWS**

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized representatives on the respective dates entered below.

ARIZONA BOARD OF REGENTS, CITY OF MESA
FOR AND ON BEHALF OF
ARIZONA STATE UNIVERSITY

py: AeA by —— py: _ “iter f Br :

Name: Jessica Robins Name: Christopher J. Brady
Title: Assistant Director, Research Advancement Title: City Manager
Date; 09/02/2022 Date: 9/12/22

IGA DETERMINATION — ASU

This IGA, which is an agreement between public agencies, has been reviewed pursuant to
A.R.S. §11-952 by the undersigned, who has determined that it is in the proper form and
is within the power and authority granted under the laws of the State of Arizona to those
parties to the Agreement represented by Legal Counsel for Arizona State University.

APPROVED AS TO FORM:
staan! 9-1-20aa
Offic@jof General Counse! for Arizona State University

IGA DETERMINATION — SPONSOR

APPROVED AS TO FORM:

Guophrey Balon 9/7/22
Geoffrey A. Balon, Police Legal Advisor

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EXHIBITA

Scope of Work and Budget

BACKGROUND

The Center for Violence Prevention and Community Safety at Arizona State University
(“ASU”) will develop a crime analysis technical assistance and training program for
delivery to officers and staff in the Mesa Police Department (“MPD”). ASU will embed two
crime analysts within the MPD to enhance organizational capacity to use applied crime
analysis to generate, analyze, and report data to inform police operations, decision-
making, and policy development. ThePproject is intended to enhance crime analysis
capacity through increased staffing immediately and expose staff to more advanced crime
analysis concepts and methods and build staff skills that will enable them to formulate and
address problems of interest to their agency/organization.

A focus of the Project will be to enhance MPD’s capacity to perform administrative,
strategic, and tactical crime analysis. Emphasis will be placed on analysis, scanning their
respective environments (internal and external) for problems, issues, and trends, and to
use data analysis to gain a deeper understanding of these problems, issues, and trends
for use by police leaders and policymakers to respond to crime. An additional focus will
be using applied research methods to evaluate agency/organizational performance and
the impact of agency practices and policies on justice and security outcomes and
assessing the completeness of their agency’s data.

The above goals will be realized through the achievement of three objectives:
Objective 1: Enhance Analytical Capacity.

ASU will hire two entry-level crime analysts with advanced crime analysis training and
embed them in the Mesa Police Department to work an average of 32 hours a week. The
analysts will serve as an analytical resource to support the MPD’s focus on data-driven
responses to crime and violence and support a system-wide approach to justice issues.
The analysts will be responsible for: 1) building the analytical infrastructure required to
conduct citywide analysis and problem-solving and 2) conducting research and engaging
in analytical work relevant to data-driven policing and policy. These individuals will have
dual reports: A professor at ASU and a designated supervisor of policy making rank (i.e.,
sworn or civilian) from the Mesa Police Department.

The ASU crime analysts will primarily be focused on tactical, strategic, and administrative
crime analysis. Tactical crime analysis will focus on repeat incidents and tactical data
collection, pattern identification processes, identifying meaningful and useful patterns, and
describing and disseminating known patterns. Strategic crime analysis will focus on long-
term trends, which will be used to develop strategic plans to address particular problems.
Administrative crime analysis will focus on providing summary statistics and data to police
managers for them to better understand crime problems affecting their community.

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Objective 2: Diagnosing Crime and Capacity to Respond to Crime Problems.

Following the placement of the analysts, they will conduct scanning and analysis of
specific crime-related problems in Mesa. ASU crime analysts will begin by identifying
possible recurring problems in the city (i.e., scanning phase). The problems identified
using this model are not to be isolated incidents having no connection with one another
but instead are to be problems that manifest as a collection of related incidents that share
one (or more) underlying cause. Following the scanning process, analysts will analyze
information about the problem selected for attention in an attempt to identify its scope,
nature, and cause (i.e., analysis phase). This will lead the analysts to focus on three
characteristics of the identified problem: actors (victims, offenders, third parties),
incidents (physical setting, social context, sequence of events), and past responses (by
the police, prosecutors, courts, corrections agencies, and other government and non-
government organizations).

ASU will work with the MPD to develop brief and easy-to-understand analytic reports that
detail the scope and nature of the identified problems. The reports will be provided to
managers and executives to select those problems for possible response and intervention
to educate them on the benefits of analysis and problem solving in the city.

Objective 3: Technical Assistance and Training.

In addition to the above, ASU proposes to provide three types of technical assistance and
training, which will be conduted in collaboration with MPD.

a. ASU will provide a minimum of two crime analysis training sessions per year for
police managers and executives. These sessions will provide police leaders with
information about the role and responsibilities of crime analysts, including appropriate
expectations for crime analysis products.

b. ASU will provide in-house peer-to-peer crime analysis training (up to) once a month
for one hour for current crime analysts. The ASU crime analysts will lead these
training sessions in an informal setting, such as a brown bag lunch. Topics will be
determined in cooperation with MPD crime analysts, ASU crime analysts, and ASU
professors.

c. Following the identification and selection of problems identified by ASU analysts (see
objective 2), ASU professors will review crime analysis work products and propose
evidence-based responses to each problem. Proposed responses will often emphasize
the use of alternative solutions and incorporate key stakeholders’ assistance.
Technical assistance provided by ASU will emphasize that responses need to go
beyond conventional approaches, using well-considered strategies and tactics that
could impact the conditions that generate the problem, rather than merely treating its
symptoms.

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ROLES AND RESPONSIBILITIES

ASU professors will be responsible for administering the Project, supervising the Project
and any employees of ASU, and providing the training and technical assistance under the
Project.

ASU Crime Analysts-Two graduate level students or the equivalent would be hired by ASU
pending a background check by Mesa Police Department. Each analyst would be
responsible for working an average of 32 hours per week at a location determined by
MPD. MPD would be responsible for computer and software for each analyst. The ASU
crime analyst would be expected to remain in this position for no less than one year.

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