Loading...
HomeMy WebLinkAboutContract 54670 City Secretary Contract No. 54670 FORT WORTH. "'110 INTERLOCAL AGREEMENT TO PROVIDE SERVICES This INTERLOCAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and TARRANT COUNTY ("County"), a political subdivision of the State of Texas, each individually referred to as a"party" and collectively referred to as the "parties." RECITALS 1. WHEREAS, verification and technical review is required on all casework involving Iatent print analysis; 2. WHEREAS, verification and technical review cannot be completed by the original examiner and the Tarrant County Medical Examiner has only one latent print examiner on staff; 3. WHEREAS, the Fort Worth Police Department has been requested in the past to perform latent print verification and technical review for the Tarrant County Medical Examiner's Latent Print Examiner and has provided those verifications free of charge; 4. WHEREAS, performing these verifications has exhausted a considerable amount of City employee time over the last few years; 5. WHEREAS, both parties have agreed for the County to begin compensating the City for the amount of time being devoted to conducting these verifications: and 6. WHEREAS, Chapter 791 of the Texas Government Code allows for local governments to enter into Interlocal Agreements for the provision of governmental functions and both City and County meet the definition of local government and wish to enter into this agreement to provide latent print verification and technical review. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: AGREEMENT DOCUMENTS: The Agreement documents shall include the following: OFFICIAL RECORD 1. This Vendor Services Agreement; and CITY SECRETARY 2. Exhibit A— Scope of Services. FT. WORTH, TX ILA Services Agreement Page 1 of 9 City Secretary Contract No. Exhibit A, which is attached hereto and incorporated herein, is made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services.Exhibit"A,"-Scope of Services more specifically des ribes the services to be provided by City hereunder. 2. Term. This Agreement is authorized by the governing body, or designated representative, of County and City and constitutes a binding obligation on the County and City. This Agreement shall begin on the date properly executed by both parties ("Effective Date") and shall expire on July 1, 2022("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four(4) one-year renewal options. 3. Compensation. County shall pay City in accordance with the provisions of this Agreement. The Fort Worth Police Department Crime Laboratory conducting the analysis will be compensated a flat fee of$50 per hour to perform the services described by Exhibit A. City shall not perform any additional services or bill for expenses incurred for County not specified by this Agreement. If County does not pay any charge and/or invoice provided by City within 30 days of the invoice date, County will pay City a late charge in the form of interest of 1.5%per month on any unpaid amount from the invoice date until paid. If the interest rate exceeds the maximum rate allowed by law,the late charge will be equal to such maximum rate.County will make all ayments due without set-off,counterclaim, or defense. 4. Termination. 4.1. Written Notice. City may terminate this Agreement at any time and for any reason, with or without cause, by providing County with 30 days' written 'notice of termination. Upon written notice of such termination, County shall promptly pay City for any outstanding invoices for services actually rendered prior to notice of termination or during the 30 day notice of termination period. County shall not be liable for payment of any service provided more than 30 days after receipt of the City's notice of termnnation pursuant to this provision. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by County in any fiscal period for any payments due hereunder, County will notify City of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, County shall pay City for service I actually rendered up to the effective date of termination and City shall continue to proviL County with services requested by County and in accordance with this Agreement ap to the effective date of termination. ILA Services Agreement (Page 2 of 9 City Secretary Contract No. 5. Confidential Information. 5.1 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary,City shall promptly notify County.It will be the responsibility of County to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City,but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.2 Unauthorized Access. County shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way.County shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, County shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has beenaccessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. County agrees that City shall,until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to ex1a&ne at reasonable times any directly pertinent books, documents,papers and records, including, but not limited to, all electronic records, of County involving transactions relating to this Agreement at no additional cost to City. County agrees that City shall have access during normal working hours to all necessary County facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give County reasonable advance notice of intended audits. 7. Liability and Disclaimer of Warranty. 7.1 LIABILITY - COUNTY SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY,INCLUDINGDEATH, TOANYANDALL PERSONS, IOFANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF COUNTY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 7.2 DISCLAIMER OF WARRANTY — CITY DOES NOT AL410E ANY REPRESENTATION, COVENANT, OR WARRANTY OF ANY KIND, EXP , SS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. THE SERVICES TO BE PURCHASED UNDER THIS AGREEMENT ARE FURIVISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY ILA Services Agreement Page 3 of 9 City Secretary Contract No. KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 8. Assignment. County may not directly or indirectly transfer any of its rights under the Agreement. 9. Compliance with Laws.Ordinances,Rules and Regulations. City agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,ordinances,rules and regulations and that any work it produces in connection',with this Agreement will also comply with all applicable federal,state and local laws,ordinances,'rules and regulations. 10. Notices. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other`parry, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered,return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth Technical &Administrative Director Attn: Assistant City Manager Tarrant County Medical Examiner 200 Texas Street 200 Feliks Gwozdz Place Fort Worth,TX 76102-6314 Fort Worth,TX 76104 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address 11. Governmental Powers. It is understood and agreed that by execution of this Agreement, neither City nor County t waives or surrenders any of its governmental powers or immunities. 12. No Waiver. The failure of City or County to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not co nstitute a waiver of City's or County's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 13. Governing Law/Venue. This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,whether real or asserted,at law or in equity,is brought pursuant to this Agreement,venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. ILA Services Agreement Page 4 of 9 City Secretary Contract No. 14. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired. i 15. Force Majeure. City and County shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement,but shall not be held liabe for any delay or omission in performance due to force majeure or other causes beyond their reasonable i control, including, but not limited to, compliance with any government law, ordnance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any governmental authority, transportation problems, restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively "Force Majeure Event"). The performance of any such obligation is suspended during the period of, d only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it hinders the party's performance, as soon as reasonably possible, as determined in the City's discretion, after the occurrence of the Force Majeure Event. The form of notice required by this section shall be the same as section 10 above. 16. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 17. Review of Counsel. The parties acknowledge that each party and its co sel have reviewed and revised this Agreement and that the normal rules of construction to the e nffect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibit A. 18. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 19. Entirety of Agreement. This Agreement,including Exhibit A,contains the entire understanding and agreement between City and County, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 20. Counteraarts. This Agreement may be executed in one 1 or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 21. Ownershia of Work Product. City shall be the sole and exclusive owner of all reports,work papers,procedures,guides,and documentation,created,published,displayed, or produced by the City in conjunction with the services provided under this Agreement(c lectively, "Work Product"). Further, City shall be the sole and exclusive owner of all copyri t, patent, ILA Services Agreement Page 5 of 9 i City Secretary Contract No. trademark,trade secret and other proprietary rights in and to the Work Product. Owners `p of the Work Product shall inure to the benefit of City from the date of conception,creation or fixation of the Work Product in a tangible medium of expression(whichever occurs first).Each copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended. 22. Remedies.No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 23. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party,m and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples. (Signature page follows) ILA Services Agreement Page 6 of 9 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and Te'a"J. CHAP q administration of this contract, including By: Jesus J.Chapa(Sep 1, 020 12:54 CDT) ensuring all performance and reporting Name: Jesus J. Chapa requirements. Title: Deputy City Manager APPROVAL RECOMMENDED: By: Sasha Kane(Aug 28,2020 09:01 CDT) Name: Sasha Kane 616111I,(Cmgf Title: Sr. Contract Compliance Specialist By: Edwin Kraus(Sep 1,2020 10:46 CDT) Name: Edwin Kraus APPROVED AS TO FORM AND Title: Chief of Police LEGALITY: ATTEST: ~� �oo �-�°a o s aNl nFoo'oo � Y' B . Name: Taylor Paris By: Title: Assistant City Attorney Name: Mary J. Kayser Title: City Secretary CONTRACT AUTHORIZATION: M&C: (None Required) Date Approved: Form 1295 Certification No.: N/A COUNTY: TARRANT COUNTY Certification of Funds Available 7—A/Ia- for the Amount of$ h 7sy.00_ By: Name: B. Glen Whitley County Judge Date: b� , 20� S. RENEE TIDWELL, CPA COUNTY AUDITOR OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ILA Services Agreement Page 7 of 9 EXHIBIT A SCOPE OF SERVICES Purpose: The verification and technical review process is an integral part of any forensic quality surance program, especially relating to pattern interpretation disciplines such as Latent Prints. Verification is the final phase in the scientific methodology practiced by the latent print discipline. The purpose of this process is fairly straightforward and consists of three objectives: (1)to examine the scientific validity of a reported conclusion, (2)to examine the scientific validity of the methodology employed to draw a conclusion, and(3)to examine the ability of a conclusion to withstand scientific scrutiny. Technical reviews focus on whether the appropriate tests and examinations have been pei-formed to support the results and conclusions reported,and whether sufficient supporting documentation is present. Technical reviews also focus on whether the conclusions are consistent with the e documentation and are within accepted practices. A technical review will determine if(1)the appropriate examinations have been performed, (2)the conclusions are consistent with the documented data and are within accepted practices,(3)there is sufficient supporting documentation,(4)verifications have been completely and properly documented,and(5)the reported results are clear, concise, accurate,and complete. Verifications and technical reviews cannot be completed by the original examiner. However, verifications must be performed on all casework involving latent print comparisons, and technical reviews should be conducted on all cases regardless of the examination performed. In either case,the verifier/technical reviewer must be an examiner trained to competency in the aspects of the friction ridge examination being reviewed. Obligations: When reviewing a comparison case,the case file along with the latent lift cards(evidence)are received from the TCME examiner in person. This examiner will either remain in presence,thus maintaining care and custody of the evidence,while the verification/technical review is conducted,or the evidence may be transferred into custody,to be returned to the examiner upon completion at a later date. An independent analysis,comparison and evaluation is then conducted of any friction ridge impressions on the lift cards, as well as any known exemplar impressions of any subjects, if there are any. The TCME examiner's conclusions and documentation arethen reviewed to determine if there is agreement or disagreement between the two examiners' conclusions, and to determine if roper procedures and protocols were followed by the T�IME p I examiner. If there is no disagreement,the evidence any exemplars (if any) are marked with the reviewer's initials and date of verification and the TCME technical review sheet is completed and signed by the reviewer. If there is any disagreement, or if there are any questions regarding the TCME examiner's documentation or analysis,then the two examiners will consult to ensure that all information is present and accurate and to address any potential concerns. Potential actions to be taken at this point may include a re-examination by the TCME examiner- hich will require a subsequent verification/technical review-or a revision of the case file ILA Services Agreement-Exhibit A Page 8 of 9 City Secretary Contract No. documentation—which will also be subsequently reviewed for accuracy. Once this is complete, the evidence and case file are returned to the TCME examiner. Likewise,when reviewing a processing case,the case file is received from the TCME ex'aminer in person or via email.A thorough review of the documentation of the TCME examiner' analysis is conducted to determine if proper sequential testing and procedures were follo ed, and that the results of said testing are appropriate and supported by the data. Any discrepanci s at this point are brought to the TCME examiner's attention, at which time s/he will address any concerns and make the necessary revisions within the case file documentation—which will be subsequently reviewed again for accuracy. Once this is complete,the TCME technical review sheet is completed and signed by the reviewer, and the case file is returned to the TCME examiner, if received in person. If the case file was received via email,an electronic version of the technical review sheet is completed and signed by the reviewer and is emailed back to the TCME examiner. i ILA Services Agreement—Exhibit A Page 9 of 9