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Home My WebLink AboutContract 35096� ��»� � ; CiTY SECRETARI� ' � C�NTRA�T Np , .� _ STATE OF TEXAS § COUNTY OF TARRANT, 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 City Manager, and the County of Tarrant, hereinafter referred to as "Agency," acting by and through its duly authorized representative. RECITALS WHEREAS, the City of Fort Worth has obtained 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: 1. 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. � It is understood 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. � _ -�- 9� ��, � -�, � , t � I ; , . ' n�'� 3. a '9 - �. � The term of this Agreement is for a period beginning on October 1� 2Q06; and �� ,j� ending on September 30, 2007. � 1 � 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 the 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. 5. 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 shall 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. � Agency warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts 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. r� 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 2 providing for the same right of examination of the City records relating to transactions under this contract by the Agency. � 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. � City shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Agency. Agency shall be solely responsible for the acts and omissions of its officers, members, agent, servants, and employees. Neither 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 parties 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 expressly state that they have not formed expressly or impliedly a joint venture, joint enterprise, or partnership. 10. City and Agency agree that neither it nor any of its officers, members, agents, employees, program participants, or subcontractors, while engaged in perForming this contract shall in connection 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. 11. The provisions of this Agreement are severable and if for any reason a clause, sentence, or paragraph or other part of this Agreement shall 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 affect other provisions which can be given effect without the invalid provision. 12. The failure of City or Agency to insist upon the perFormance of any term 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. ,-- --- --_- -__ ; ',:1��J"�; i�=.l ;°'s�.�'�J�1'� 3 ;� 1 ��'^ �'S �:!i 5 lL�`—� ��c`7 x u� ��:�:J��:�I ��i u ��. �� __._.. 13. 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. 14. 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. 15. This written instrument constitutes the entire agreement by the parties hereto concerning the work and services perFormed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: 1. CITY: Joe Paniagua City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 � Copies to: John Ramirez Fort Worth Police Department 350 West Belknap Street Fort Worth, Texas 76102 Leann Guzman City Attorney's Office 1000 Throckmorton Street Fort Worth, Texas 76102 2. AGENCY: Herschel G. Tebay, Commander Tarrant County Organized Crime Unit 100 W. WeatherFord Street Fort Worth, Texas 76102 County Judge B. Glen Whitley Tarrant County 100 W. Weatherford Street Fort Worth, Texas 76102 [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 IN WITNESS WHEREOF, the parties hereto haue execute t's ag� ement in multiples in Fort Worth, Tarrant County, Texas, this ��day o �, � , A.D. Zoo�7 ATTEST: Marty Hendrix City Secretary APPROVED AS TO FORM AND LEGALITY: � gy� �� f Assistant City� Attorney, for David Yett, City Attorney Date: �;� /�/°7 Tarrant County 100 W. Weatherford Street Fort Worth, Texas 76102 By: B. Glen Whitley County Judge CITY OF FORT WORTH r ; j 1 � By:_ ;' ; t�� - _ �� Joe Paniag��a A�siss�aant Ci�y Manager � �.l l�� ;��rit' �BC� AU�}li)i':I_ Z�t].Q� ia�t:e � 1rc >� r, ` I� vi�(��'�>)i!�. 1;�1 1�}1� . ( � �i � '•' ;,� � �=:.,� � r ? � v��L� ��-,��j�?PJ �U, ��:'';'J'� '� U ��( , � hl�'; ti � EXHIBIT A FORT WORTH POLICE DEPARTMENT FORENSIC DIVISION CRIIVIE LABORATORY 350 WEST BELKNAP STREET FORT WORTH, TE�S 76102-2004 (817) 877-8084 FA�c(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 Laboratoty routinely performs for testing: FEE SCI3EDULE _ __, - -(' � 1✓ f J J 1�:7 �.—.�.� �a�: �: ��;.' �.`�' �� J', � p' ;� j 'lr n(' 7 IN / 'liiJ�'i0i �_ �rr,i �V' L' V 5�;: �k� � t5 :'•. �, �U� ;.��✓!' LJI�� G�� EXHIBIT B FORT WORTH CRIME LAB 35O WEST BELKNAP STREET FORT WORTH, TE�S 76102-2004 (817)877-8084 FAx (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 40 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 perfor-mance 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 for requesting agency beyond 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 evidence 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 preparation and testimony is not considered as part of the testing/analysis fee; • Court preparation time will vary on a case by case basis and will be remitted at the rate of $80./hr. • The time required by Fort Worth Crime Lab personnel for court testimony shall be remitted at the rate of $100/hour. This includes time spent in travel, case conferences; time waiting to be called to the stand, and actual court testimony. • The fact that a subpoena has been served requiring court appearance by the lab analyst 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 potentially hazardous objects shall be appropriately package to prevent injury to City of Fort Worth Crime Laboratory employees; : • 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 responsible for the collection and transport of such evidence for the purposes of court presentation. � , �' ' ,. '.,�i�J�'.. �.`:� � �:s�� 9 � v��ti� �;�� '�°� s�`i�L;��i �'�c� -.:,,f S'� .7'- i I .,^. lU, �.�'��:V�� J��ia,.�_ TARRANT COUNTY STATE OF TEXAS Certi�cation of Funds Available in the Amount of $ !` '� , � ';� � _ — _s � � _ � !, � gy. �--�,� � :�\ 0 �.,- �/,•//!�.�, (= �.% Auditor's Office `�,�� District Atto�r"iiev's Office d as to Form* *By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advised or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the 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). 10 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/19/2006 DATE: Tuesday, September 19, 2006 LOG NAME: 35CRIMELAB Page 1 of 2 REFERENCE NO.: **C-21692 SUBJECT: Authorize the Execution of an Amendment to City Secretary Contract No. 32699 with Tarrant County for the City of Fort Worth to Continue Providing Necessary Crime Lab Services RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract amendment to City Secretary Contract No. 32699 with Tarrant County to extend the term of the agreement to FY2006- 2007 to provide crime lab services on a fee-for-service basis. 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 FY2006, resulting in the elimination of overtime costs and outsourcing to meet the needs of the Fort Worth Police Department. On September 1, 2005, a major private lab in Tarrant County stopped accepting work from police departments because it chose not to meet accreditation standards by the state-imposed deadline. As a result, several agencies 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 has the capacity to accept additional cases on a limited basis without negatively affecting delivery of services to the Fort Worth Police Department. This contract established an agreement to provide services to Tarrant County at an average cost of $40 per sample plus related court time at $100 per hour. This fully offsets the lab's associated expenses of $26 per sample. Initially, the Fort Worth Crime Lab agreed to accept a maximum of 40 cases per month with projected annual revenue of $60, 000. On November 15, 2005, (M&C C-21154) the City Council authorized the City Manager to execute City Secretary Contract No. 32699 with Tarrant County to provide necessary crime lab services on a fee-for- service basis, the term of which ends September 30, 2006. This Mayor and Council Communication authorizes the amendment of that contract to extend the existing contract terms to FY2006-2007. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Police Department will be responsible for the collection of revenues under these agreements. -- --��-_ - - � TO Fund/AccountlCenters ,�.,[-, �, � , �, �v't'l�1u�1 .� , ��,�„J �, j�,r : „F�1 �� fu% i�,,�'�' `j�,�Jl,y��\'�f, �r7 .. ,., � .n' �� n �� . ..,n�1�_C.i�llll� ��:L�(:� FROM Fund/Accountl enters _ __ . http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 3/21/2007 GG01 462524 0353401 $60,000.00 Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: Joe Paniagua (6575) Ralph Mendoza (4210) Kara Shuror (4221) Page 2 of 2 http://www. cfwnet.org/council�acket/Reports/mc�rint.asp 3/21 /2007