HomeMy WebLinkAboutContract 28137 T Y sEcfprA
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CONT AC
L17
I L COOPERATION CONTRACT
STATE OF TEXAS
COUNTY OF TRAVIS
I. CONTRACTING PARTIES
THIS CONTRACT is entered into by and between the Texas Department of
Public c Safety ("'RECEIVING AGENCY"), and the Fort Worth Police
Department, Forensic Science Laboratory ("PERFORMING ING AGENCY" , shown
below as Contracting Parties, pursuant to the authority granted by and in
compliance with the provisions of the INTERLOCAL COOPERATION ACT,
Tex., Gov't Code Ann. §§ 791,001 et seq. (Vernon 1994 & Supp. 2 ! 1) and Tex.
Gov't Code Ann §411.006 and. §411.144 et seq.
11. DEFINITIONS
A. In-house: any portion of processing and/or DNA analysis of
cases/samples that occurs within the applicant's State by a State or
local agency.
B. Outsourcing: any processi,ng and/or DNA analysis that tales place by
an accredited or certified State or local laboratory outside of the
applicant's State as a contractual agreement between the applicant and
the other public laboratory,, or by a certified or accredited private
vendor laboratory.
C. DNA analysis: the generation of a DNA profile in accordance with
the ND IS Standarcisfor Acceptance of DNA Data using the 13 CODTS
core STIR loci - FGA, vW , D3 S 13 58, CSF l P , TPDX, THO l,
D1 X5,1, D21S11, D S117'9, 1 75812 , D1 S317, D15S 1 ", and
1 165539-
111. PURPOSE
The purpose of this Contract is to set out the terms and conditions under which
the PERFORMING AGENCY will assist the RECEIVING AGENCY in
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administering the RECEIVING AGENCY'S No Suspect Casework DNA B,acklog
Reduction grogram. The No, Suspect Casework DNA Backlog, Reduction
Program is a grant program administered by the U.S. Department of Justice,
National Institute of Justice. The grant program provides funds to state
government agency, having, oversight of the State's CODIS DNA database, to
pass through to state and local C DIS crime laboratories who re quested
participation in the consortium grant application. The grant program is explained.
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in the NIJ solicitation of August 2001.
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-A- T . DURATION
This Contract commences on September 1, 20012, and terminates on August 31 1,
2003.
V. AGREEMENT
NOW THEREFORE, PERFORMING AGENCY and RECEIVING
AGENCY in consideration of the mutual covenants and agreements herein
contained do mutually agree as follows.-
A,. PERFORMING AGENCY and RECEIVING AGENCY agree to abide by
all federal and state laws and regulations.
B. RECEIVING AGENCY agrees to:
L reimburse PERFORMING AGENCY up to the amounts, specified
In approved budget, (Attachment A) up to a total of $836,000.,
2. notify PERFORMING AGENCY in writing if reimbursement
under this Contract will be delayed as the result of circumstances,
beyond the control of RECEIVING AGENCY.
3. the extent it i.s reasonably practicable for the RECEIVING
AGENCY and to the extent the RECEIVING AGENCY has
avallab�le personnel, cooperate fully with PERFORMING
AGENCY in any matter related to the purpose of this Contract.
C. PERFORMING AGENCY agrees to:
1. identify No Suspect DNA cases 'Chat qualify for forensic testing
under the National Institute of Justice solicitation. for No Suspect
Casework DNA Backlog Reduction Program (FY 2001).
2. screen the samples in these cases for biological evidence.
3. perfon'n either In-house, or by outsourcing, the DNA analysis of
the samples from 400 cases. All analysis is to be according to
established procedures following the Quality Assurance Standards
for Forensic DNA Testing Laboratories set by the Director of the
Federal Bureau of Investigation (FBI).
4. upload DNA profiles from these case samples into the COINS
database at the SDIS (state) level.
5. when notified of a CODIS hit at either, the state or national level,
contact the submitting law enforcement agency with the hit
information.
6. provide on a monthly basis a report to RECEIVING AGENCY on
project activity using Attachment B.
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7., submit to RECEIVING AGENCY for reimbursement, by the 15111
day of each month, copies of all invoices paid using the
reimbursement request form in Attachment C.
8. provide to RECEIVING AGENCY either ASCLD-LAB
accreditation or NFSTC certification documents from any private
vendor laboratory with which PERFORMING AGENCY contracts
for outsource DNA analysis.
9. cooperate fully with RECEIVING AGENCY in any matter related
to the purpose of this Contract.
VI. PAYMENT
A. RECEIVING AGENCY shalt pay for actual allowable expenses not to
exceed amounts identified in Attaclunent A. and submitted on
reimbursement request fon-n Attachment C.
B. PERFORMING AGENCY shall bill for the previous thirty (30) days
expenses not to exceed the actual amount of invoices, that must be
attached to reimbursement request.
C. RECEIVING AGENCY shall make good faith effort to process all
reimbursement requests received by the fifteenth of each month within
ten (10) working days from date of receipt.
D. All reimbursement requests should be submitted to-,
Texas Department of Public Safety
Pat Johns,on
Manager, Field Crime Laboratories
P.O. Box 4143
Austin,, Texas 78765-4143
E. RECEIVING AGENCY shall not be liable to the PERFORMING
AGENCY for reimbursements incurred by the PERFORMING AGENCY
prior to the date that the PERFORMING AGENCY executes this contract or
after the termination of this contract. RECEIVING AGENCY shall not be
liable for any reimbursements, that are submitted by PERFORMING
AGENCY if NIJ discontinues funding for the program or disallows
reimbursements for any reason.
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�fl. TERMINATION
This contract may he to mated by any of the following conditions:
1. By mutual agreement and assent of both Contracting Parties if in writing
and signed by both Contracting Parties.
2. By either party upon service of written notice of termination upon the
other party no later then thirty 3 days prior to the date of to ination.
3. By expiration of this Contract under its own terms.
VIII. AMENDMENTS
Unless otherwise specified, this Contract may he amended only by written.
instrument executed by both Contracting:parties.
X. ASSURANCES
PERFORMING AGENCY agrees to comply with all standard assurances and
special conditions as identified in Attachment D of this contract.
X. LIABILITY
Each party to this agreement shall he responsible for its own acts of
negligence. Where any injury or property damage result from the joint or
concurring negligence of the parties, liability, if any, shall be shared by each party
on the basis of comparative responsibility in accordance with the applicable laws
of the State of Texas, subject to all defenses, 'including governmental immunity.
These provisions are solely for the benefit of the parties hereto and not for the
benefit of any person or entity not a party to this a�reementy nog, shall any
provisions in this agreement be deemed a waiver of any defenses available by
law.
WHEREFORE, the undersigned parties do herby bind themselves by the
signatures of the parties' designated representatives to the faithful performance of
this contract. This contract is executed in multiple copies, each of which is
considered a duplicate original.
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of OC "rexas Department of Public Safety
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.N Tom Haas
L I b by Watson
Title Assistant City Manager Title Chief of Finance
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L..itv oi Port Worth, Texas
Ma\ lor am�d Couriol
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DATE, A REFERENCE NUMBER LOG NAME E" GE
......oil—10/22/02 **G-1 3778 35BACK,LOG 1 of 2
SUBJECT - NCB SUSPECT CASEWORK DNA BACKLOG REDUCTION PROGRAM
RECOMMENDATION:
It is recommended that the City Council.:
1. Authorize the City Manager to accept a g,rant with the Texas Department of Public Safety to operate
the No Suspect Casework DNA Backlog Reduction program on a contract basis in the amount of
$836,000; and
2. Adopt the attached appropri'atilon ordinance increasing estimated receipts and appropriations in the
Grants Fund by $8365,000.
DISCUSSION,-,,
The No Suspect Casework DNA Backlog Reduction Program is a grant program administered by the
U.S. Department of Justice, National Institute of Justice. The grant program provides funds to the state
government agency having oversight of the state's Combined DNA Index System (CO IS), to pass,
through to state and local crime laboratories, that req,u,ested: participation in the consortium grant
application.
The State of Texas has assembled a consortium of state and local forensic laboratories, which perform
DNA analysis of' forensic casewolrk, to, submit one p:lan, for addressing a backlog of no suspect criminal
cases in which biollogical evidence exists. The consortium includes,:
Texas Department of Public Safety Crime Laboratories, in Austin, Corpus Christi, El Paso,
Garland, Houston, Lubbock, McAllen and Waco; and
Southwestern Institute of Forensic Sc,ien,c,es,, Criminal Investigation, Laboratory in Dallas County*
and
Fort Worth Police Department Crime Laboratory; and
Tarrant County Medical Examiner's Crime, Laboratory; and
Harris County Medical Examiners Crime Laboratory in Houston; and
Houston, Police Department Crime Laboratory.
Every crime laboratory named above has identified a backlog of no suspect forensic cases. A
prioritization method has been formulated by the coalition mentioned above and is included in the grant
application. Each laboratory will screen cases in-house using the formula in conjunction with a
determination, if there is an evidence sample with the potential to, yield a DNA profi,le of'the perpetrator
of the crime,: to select cases for this grant.
i
u ,ty of'Fort Worth, Texas
a A
mayor an uouncil Gommunication
DATE REFERENCE NUMBER LOG NAME PAGE
11 0/221'02 **G,.,l 3778 35BACKLOG 2 Of 9
SUBJECT NO SUSPECT CASEWORK DNA BACKLOG REDUCTION PROGRAM
Once the cases with confirmied, biologica,l specimens, have been identified, the crime laboratory will
contract for the DNA analysis with an outside vendor of these services. The evidence obtained will be
uploaded in the COD,IS database, and they will be searched against both the convicted offender
database,, as well' as against other DNA profiles, in the evidentiary database.,
The Texas Department of Public Safety, Crime Laboratory Service, operates the Texas CO,DIS
database and administers the COINS program for the state. Dr. Dennis, Loockerman is the project
director of this program, the primary grantee, and will administer the grant.
The funding period for this program will begin September 1, 2002 (or when all signatures are obtained
on: the contracts), ands expire August 31, 2003.
The Texas Department of Public Safety will provide, funds in the amount of $836,0100 on a
reimbursement basis. Under this program, the Fort Worth Crime Laboratory will do the following,
Outsource DNA, Testing 400 cases, @ $2, ca se $8001,000
Screen, Rape Cases 300 cases @ $120/each $, 36,O00
T al $836,000
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon the approlva,l and execution, of the above recommendations,
funds will be avallable in the current operating budget, as appropriated, of the Grants Fund.
LW:n,
Stibrnitted for City Manager's FUND, ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
R76 488275 03544181801010, $836,,0010.00
Libby Watson 6183 GR76 51(Various) 035441818010 $836,000.00
Originating Department Head:
Ralph Mendoza 48386 (from) I APPROVED 10122/02
ORD.#15302
Ndditional Information Contact.-
Ralph Mendoza 483 86