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
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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.
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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
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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.
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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.
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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
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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,
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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)
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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
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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
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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
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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
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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.
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