HomeMy WebLinkAboutContract 35010STATE OF TEXAS
COUNTY OF TARRANT,
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BY AND FOR §
THE CITY OF NORTH RICHLAND HILLS
§
c�rv sECRETAR� - ' I �
CONTRACT NO.
This agreement ("Agreement") is made and entered into between the City of
Fort Worth, hereinafter referred to as "City," acting by and through Joe Paniagua, its
duly authorized Assistant Cify Manager, and the City of North Richland Hills,
hereinafter. referred to as "Agency,'' acting by and through its duljr authorized
representative.
RECITALS
WHEREAS, the City of Fort Worth has obtaining ASCLAD certification of the Fort
Worth Police Department Forensic Division Crime Laboratory ("Fort Worth Crime Lab");
and
WHEREAS, Fort Worth Police Department Crime Laboratory proposes to provide
necessary crime lab services to outside agencies on a cost recovery basis; and
WHEREAS, THE Agency desires to engage the crime lab services of the Fort
Worth Crime Lab;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
City agrees to fully perform, or cause to be performed, with good faith and due
diligence, all work and services at the rate schedule described in Exhibit "A," attached
and incorporated herein for all purposes incident to this Agreement.
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It is uriderstood and agreed that the City makes no guarantees of volume or work
by the Fort Worth Crime Lab. The performance standards for services are described in
Exhibit "B," attached and incorporated herein for all purposes incident to this
Agreement.
3.
The term of this Agreement is for a period beginning on October 1�6�--�d -
ending on September 30, 2007. � �,;� r�\,�,,+� �},� � �`A�;�;
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This Agreement may be terminated by either party hereto, in whole or in part, at
any time and for any reason, upon written notice to the other party. Such written notice
shall specify to what extent the work under the Agreement is being terminated and the
effective date of the termination. Within thirty (30) days after fhe effective date of the
termination, City shall forward to Agency an invoice for all services provided prior to the
effective date of termination and Agency shall remit payment in full within thirty (30)
days after the date of such invoice.
In the event no funds or insufficient funds are appropriated and budgeted by the
Agency in any fiscal period for any payments due hereunder, the Agency will notify City
of such occurrence as soon as possible and this Agreement shall terminate on the last
day of the fiscal period for which appropriations were received, without penalty or
expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated and budgeted.
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Agency and City agree that in the event either party fails to comply with, or
breaches, any of the terms and provisions of this Agreement, the non=breaching party
shalf provide written notice to the other as soon as reasonably possible after the non-
breaching party becomes aware of the failure to comply or breach of contract. In the
event that the breaching party fails to cure or correct such breaches within a reasonable
time following the receipt of notice, but in any event no more than 15 days, the non-
breaching party shall have the right to declare this Agreement immediately terminated.
C
To the extent permitted by the Constitution and laws of the State of Texas,
Agency shall indemnify and hold the City and its officers, agents and employees
harmless from any loss, damage, liability or expense for damage to property and
injuries, including death, to any person, including but not limited to officers, agents or
employees of Agency, which may arise out of any negligent act, error or omission in the
perFormance of City's professional services. To the extent permitted by the Constitution
and laws of the State of Texas, Agency shall defend, at its own expense, any suits or
other proceedings brought against the City, its officers, agents and employees, or any of
them, resulting from such negligent act, error or omission; and shall pay all expenses
and satisfy all judgments which may be incurred by or rendered againsi ihem, or any of
them, in connection therewith resulting from such negligent act, error or omission.
To the extent permitted by law, Agency agrees to indemnify and hold harmless
City from any claim, damage, liability, injury, expense or loss arising out of City's
performance, direct or indirect, under this agreement.
' 7.
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Agency warrants to the City of Fort Worth that it has made full disclosure in
writing of any existing or potential confiicts of interest related to the services to be
performed hereunder. Agency further warrants that it will make prompt disclosure in
writing of any conflicts of interest that develop subsequent to the signing of this
Agreement.
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Agency agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of the Agreement involving
transactions relating to this contract. Agency agrees that the City shall have access
during normal working hours to all necessary Agency facilities and shall be provided
adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Agency reasonable advance notice of
intended audits. The provisions within paragraph Eight (8) shall be reciprocal in nature
providing for the same right of examination of the City records relating to transactions
under this contract by fhe Agency.
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Neither party hereto shall assign, sublet or transfer its interest herein without the
prior written consent of the other party, and any attempted assignment, sublease or
transfer of all or any part hereof without such prior written consent shall be void.
10.
City shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of Agency, Agency shall b� solely responsi6le for the acts
and omissions of its officers, members, agent, servants, and employees. Neittier City
nor Agency shall be responsible under the Doctrine of Respondeat Superior for the acts
and omissions of its officers, members, agents, servants, employees, or officers of the
other. It is understood .that any relationship created by this Agreement between the
�arties shall be that of independent contractors. Under no circumstances shall either
party be deemed an employee of the other nor shall either party act as an agent of the
other party. Any and all joint venture, joint enterprise, or partnership status is hereby
expressly denied and the parties expressfy sfate thaf they have not formed expressly or
impliedly a joint venture, joint enterprise, or partnership.
11.
City and Agency agree that neither it nor any of its officers, members, agents,
employees, program participants, or subcontractors, while engaged in performing this
���:�t�a�i sf�aii in conneciion with the employment, advancement, or discharge of
employees, or in connection with their terms, conditions or privileges of their
employment, discriminate against persons on any unlawful basis, nor will Agency permit
its agents, employees, subcontractors or program participants to engage in such
discrimination.
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12.
The provisions of this Agreement are severable and if for any reason a clause,
sentence, or paragraph or other part of this Agreement shail be determined to be invalid
by a court or federal or state agency, board or commission having jurisdiction over the
subject matter thereof, such invalidity shall not affecf other provisions which can be
given effect without the invalid provision.
13.
The failure of City or Agency to insist upon the performance of any #erm 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 Agency's right to
assert or rely upon any such term or right on any future occasion.
14.
Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance or non-performance of this Agreement,
venue for said action shall lie in Tarrant County, Texas.
15.
The governing bodies of City and Agency have approved the execution of this
Agreement, if required, and the persons signing the Agreement have been duly
authorized by the governing bodies of the. City and Agency to sign this Agreement on
behalf of the governing bodies.
16. .
This written instrument constitutes fhe entire agreement by the parties hereto
concerning the work and services performed hereunder, .and any prior or
conternporaneous, oral or written agreement which purports fo vary from the terms
hereaf shali be void.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANKJ
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IN WITNESS WHEREOF; the parties hereto av execute i agreement in multiples
in Fort Worth, Tarrant County,. Texas, this � day of A.D.
200�� '
ATTEST:
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Marty Hend , City Secret
APPROVED AS TO FORM AND LEGALITY
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By• � ' � I ��.!1 ��.��/ � ,��'L—
`� Assistant Ci y Attorney, for
David Yett, City Attorney .
Date: ��/������ � �
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City of North Richland Hills
CITY OF FORT WORTH
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oe; Paniagua�'�-�
Assi�tai�t;City Ili!lanager
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Cor.trac�� R ho�i z��.io�
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City Attorney
North Richland Hills, Texas North Richland Hills, Texas
By: -i��1i�t,- cJ gy:
Larry Cunningham George Staples
City Manager City Attorney
817.427.6007 817.427.6042
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EXHIBIT A
FORT WORTH POLICE DEPARTMENT
FORENSIC DIVISION '
CRIME LABORATORY
350 WEST BEL�;NAP STREET
FORT WORTH, "l�XAS 76102-2004
(817)877-8084 .
Fnx (817) 877-8208
The Fort Worth Police Department Crime Laboratory provides vendor services to outside
Agencies for drug analysis and blood alcohol level analysis associated with a criminal
investigation to law enforcement agencies. Below is a fee schedule for all of the services that the
Forensic Science Laboratory routinely performs for testing:
FEE SCHEDULE
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EXHIBIT B
FORT WORTH CRIME LAB
350 WEST BELKNAP S'IREET
FORT WORTH,'I�XAS 76102-2004
(817)877-8084
Fnx(817)877-8208
PERFORMANCE STANDARDS
• The Fort Worth Police Department Crime Laboratory provides a 3 week turn-around time
per case; .
• The Fort Worth Police Department Crime Laboratory will accept a maximum of 48
cases per month; �
• The Fort Worth Police Department Crime Laboratory reserves the right to adjust the
performance standards due to the emergence of circumstances beyond its control that
would preclude the crime laboratory from meeting stated performance standards;
�. The entity requesting analysis is responsible for delivery and recovery of submitted
evidence to and from the Fort Worth Police Department Crime Laboratory;
• The Fort Worth Forensic Laboratory will not store evidence fQr requesting agency
beyorid the testing/analysis period;
� The submitting agency shall take possession of submitted evidence within 24 hours of.
notification by the Fort Worth Crime Laboratory that testing has been completed:
• At the time the eviderice is returned to the requesting agency, the Fort Worth Crime
Laboratory will attach the analysis report and an invoice specifying the fees to be
remitted:
• All in-sourced evidence shall be logged in and out by the submitting agency
representative;
• Court preparafion and testimony is not considered as part of the testing/analysis fee;
• Court preparation time will vary on a case by case b�asis and will be remitted at the rate of
$80./hr.
= The time required by Fort Wor�h Crime Lab personnel for court testimony shall be
remitted at the rate of $100/hour. This includes time spent in travel, case conferenees;
time waiting to be called to the stand, and actual court testimony.
• The fact that a subpoena has been served requiring court appearance by fhe Iab anaIyst
does not mitigate the fees for court testimony.
� All payments are to be made to the City of Fort Worth and are due within 30 days of
notification
• The Fort Worth Crime Laboratory reserves the right to refuse evidence that is improperly
documented or packaged to ensure the integrity of the evidence, a viable chain of
custody, and safety of lab personnel;
• Syringes, glass containers, and other potenfially hazardous objects shall be appropriately
package to prevent injury to City of Fort Worth Crime Laboratory employees; ,
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• Evidence returned to the submitting agency and required for court presentation will be
delivered to the appropriate court clerk by the evidence custodian of the submitting
agency;
• Under no circumstances will City of Fort Worth Crime Laboratory personnel be
respansible for the collection and transport of such evidence for the purposes of court
presentation.
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/18/2006
DATE: Tuesday, July 18, 2006
LOG NAME: 35CRIMELAB
REFERENCE NO.: **C-21570
SUBJECT:
Authorize an Interlocal Agreement with the City of North Richland Hills, Texas to Provide Necessary
Crime Lab Services
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an Interlocal agreement with the City of North Richland Hills to
provide crime lab services on a fee-for-services basis; and
2. Authorize the agreement to begin August 1, 2006 and expire on September 30, 2007.
DISCUSSION:
The Fort Worth Crime Laboratory has a Chemistry Section that is accredited by the American Society of
Crime Lab Directors (ASCLD). This section became fully staffed and operational at the beginning of this
fiscal year resulting in the elimination of overtime costs and outsourcing to meet the needs of the Fort Worth
Police Department. On September 1, 2005, the major private lab in Tarrant County stopped accepting work
from police departments because it chose not to meet accreditation standards by this State-imposed
deadline. As a result, several agencies have inquired about the willingness of the Fort Worth Crime Lab to
accept drug and blood alcohol work for a fee.
The Fort Worth Crime Laboratory Manager indicates that they have the capacity to accept additional cases
on a limited basis without negatively affecting delivery of services to the Fort Worth Police
Department. This contract will establish an Interlocal Agreement to provide services to the City of North
Richland Hills at an average cost of $40 per sample plus related court time at $100 per hour. This will fully
offset the labs associated expenses of $26 per sample plus provide some funds for future reinvestment in
the Fort Worth Crime Laboratory.
Initially, the Fort Worth Crime Lab will accept a maximum of 48 cases per month with projected annual
revenue of $60,000. Additional agencies may be added in the future as space and staffing allow.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the Police Department will be responsible for the collection of revenues
under these agreements.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/21/2007
GG01 462524 0353401 0.00
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
Joe Paniagua (6140)
Ralph Mendoza (4210)
Kara Shuror (4221)
Page 2 of 2
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/21/2007