The URL can be used to link to this page

Home My WebLink AboutContract 44614i�r�� CITY B�GR�TTA� LI�I � % CO�ri�CY' H�b STATE OF TEXAS § INTERLOCAL AGREEMENT § FOR COUNTY OF TARRANT � FORENSIC LABORATORY SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a municipal corporation, located in Tarrant, Denton, and Wise Counties, Texas, hereinafter called "City," and TARRANT COLTNTY, acting on behalf of the TARR.ANT COLTNTY MEDICAL EXAMINER'S OFFICE, hereinafter called "County." 1. DESCRIPTION OF WORK For the consideration hereinafter agreed to be paid to County by City, County shall provide toxicological analysis and other similar forensic laboratoiy services for the Fort Worth Police Department, in the City of Foi•t Worth and County of Tarrant, Texas, hereinafter called the "Seivices." The Services are to be performed in a competent and professional manner, and performance shall conform to applicable professional standards for the Seivices. County shall also perform the Seivices in a timely manner, consistent with the needs of the Fort Worth Police Department. 2. VOLUME OF WORK It is understood and agreed that no guarantees of volume of worlc are made by this Agreement nor is the County designated as the exclusive contractor of these services for the City of Fort Worth. 3. PAYMENT FOR SERVICES Upon completion of the worlc by County, City will pay County in accordance with the approved agreed upon fee schedule for the Services. The agreed upon fee schedule is attached and incorporated within as Exhibit A. Payment will be nzade by City to County within thirty (30) days of receipt of County's invoices. Each invoice shall be accompanied by sufficient documentation as required by City. However, total payments by City during the term of this Agreement shall not exceed $50,000 (fifty thousand dollars). City shall be solely responsible for monitoring payments under this Agreement, and the not-to exceed amount shall not relieve City of its obligation to pay County for Services rendered at City's request. County shall provide at least thirty (30) days advance written notice of any changes in the fee schedule for any of the Services performed under this Agreement. Any change to the fee schedule, if approved by City, will be incoiporated within this Agreement as a replacement to the original Exhibit A. Any changes in the fee schedule that require an increase in the not-to-exceed amount of funding for this Agreement shall be approved by written amendment to this Agreement by both the City and County. 4. TERM The term of this Agreement shall commence on October 1, 2012 and terminate on September 30, 2013, unless sooner terminated in accordance with the provisions of this Agreement. After expiration of the initial term, City may automatically renew this Agreement FORENSIC LAB SERVICES CFW and TARRANT COUNTY � � �I7' ��q� ��4 Y,� RD �� '��'r��y/ �"�'� % / � 7013 RECEIVED JUL " RECEIVED f�PR � 6 �� annually on the same terins and conditions, subject to appropriations of City funds for this Agreement. 5. BREACH OF AGREEMENT County 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 agreement. 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 iminediately terminated. 6. INDEPENDENT CONTRACTOR County's status in the performance of the Services under this Agreeinent is that of an independent contractor and not an agent, employee, or representative of City. County and its officers and employees shall exercise independent judgment in performing duties and responsibilities under this Agreement, and County is solely responsible for setting worlcing hours, scheduling or prioritizing the woric flow and deternuning how the worlc is to be performed. No term or provision of this Agreeinent or act of County in the performance of this Agreement shall be construed as malcing County or its officers or employees the agents or employees of City, or inalcing any of County's employees eligible for the fringe benefits, such as retirement, insurance and woiicer's compensation, which City provides its own employees. 7. RESPONSIBILITY City shall in no way nor under any circumstances be responsible for any properry belonging to County, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. County will provide certification confu-ming self-insured status of the Tarrant County Medical Examiner's Office. 8. CONFLICTS OF INTEREST County warrants to the City that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. County further warrants that it will malce prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Agreement. 9. TERMINATION In the event of a non-appropriation of funding by the City's City Council, the City may terminate this Agreement in whole or in part by giving at least ten (10) days prior written notice thereof to County, with the understanding that all performance under this Agreement shall cease upon the date speci�ed in such notice. FORENSIC LAB SERVICES CFW and TARRANT COUNTY Either parry may terminate this Agreement in whole or in part for their convenience upon thirry (30) days advance written notice to the other parry. City will compensate County in accordance with the terms of this Agreement for all Seivices performed for the benefit of City prior to the effective date of such notice. 10. NOTICES Any notice, payment, statement, or demand i•equired or permitted to be given hereunder by either party to the othei• may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices sha11 be deemed communicated as of three days after mailing. If intended for City, to: Jeffrey W. Halstead, Chief of Police City of Fort Worth 1000 Throcicmorton Street Fort Worth, Texas 76102 If intended for County, to: Nizam Peerwani, M.D. Chief Medical Examiner Ta�-rant County Medical Examiner's Office 200 Felilcs Gwozdz Place Fort Worth, Texas 76104 11. RIGHT OF REVIEW AND AUDIT Counry 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 boolcs, documents, papers, and records of the agreement involving transactions relating to this Agreement. County agrees that the City shall have access during normal worlcing hours to all necessaiy County facilities and shall be provided adequate and appropriate worlcspace in order to conduct audits in compliance with the provisions of this section. The City shall give County reasonable advance notice of intended audits. County further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of tlu�ee (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent boolcs, documents, papers, and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during normal worlcing houis to all subcontractor facilities and shall be provided adequate and appropriate worlcspace in order to conduct audits incompliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. FORENSIC LAB SERVICES CFW and TARRANT COUNTY f �►# ;� [f l 0111 [�] 0[�], Q.Y��1(.y � 1 The City shall resetve the right to conduct a yearly on-site visit of the County's laboratories in which the City's forensic examinations are processed. County shall retain a11 documentation related to the yearly on-site visit, includuig, but not limited to, the date the on-site visit was performed, a summary of the visit, and a list of personnel conducting the visit. The City shall give reasonable advance notice of intended yearly on-site visit. 13. TRANSFER OF INTEREST 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. [C� J�Yy��lull�lll�[�l�l City and County covenant that neither they nor any of their officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discz•iminate against persons on any unlawful basis, nor will County permit its agents, employees, subcontractors, or program participants to engage in such discrimination. 15. WAIVER OR RELINQUESHMENT The failure of City or County 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 County's right to assert or rely upon any such term or right on any future occasion. 16. APPLICABLE LAWS This Agreement is entered into subject to the Charter and ordinances of the City of Fort Worth, as amended, and all applicable state and federal Laws. [y��1�l►lil �1 The obligations of the parties to this Agreement will be performed in Tarrant County, Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Tarrant County, Texas. 18. GOVERNING LAW This Agreement shall be governed by and constiued in accordance with the laws and court decisions of the State of Texas. FORENSIC LAB SERVICES CFW and TARRANT COUNTY 19. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenfo��ceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreeinent shall be considered as if such invalid, illegal, or unenfoi�eable provision had never been contained in this Agreement. 20. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 21. EXECUTION OF AGREEMENT The governing bodies of City and County have approved the execution of this Agreement, if required, and the persons signing the Agreement have Ueen duly authorized by the governing bodies of the Ciry and County to sign this Agreement on behalf of the governing bodies. 22. ENTIRE AGREEMENT This Agreement embodies the complete understanding and agreement of the parties hereto, supeiseding all oral or written previous and contemporaiy agreements between the parties relating to matters contained in this Agreement. Except as otherwise provided herein, this Agreement cannot be modiiied without written supplemental agreement of the parties. ,� EXECUTED this the �� day of � , 2013 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FORENSIC LAB SERVICES CFW and TARRANT COUNTY ACCEPTED AND AGREED: CITY OF FORT WORTH arles W. Damels Assistant City Manager APPROVAL RECOMMENDED: By: w • 7 Jeffr . Halstead �-�"7''13 Chief of Police APPROVED AS TO FORM AND LEGALITY: ,,, � �� - �A � , /� Jessic� , Sangsvang � Assisf'd�nt City Attorney ATTEST: -� �( � � ary ICays fr � - '� City Secret` ry Authorization: CSO No. , M&c: � � �i `�%1/ � FORENSIC LAB SERVICES CFW and TARRANT COUNTY TARRANT COUNTY, acting on behalf of the TARRANT COUNTY MEDICAL EXAMINER'S OFkICE B. Glen Whrtley County Judge ;� � � ` ,C� � Name (pr e : iZ,�u �,1��- Assistant i rict A ott rney �FFICIAL RECOR�) �ir�r s�c��ra��r �'I'r INIC�I��'I�, t� EXHIBIT A Tarrant County Medical Examiner`s Office Laboratory Services Effective 10/01/20'f2 throuqh Q9/3012014 Tarrant Count Meaical Examiner's Office Fee Schedule Item Description FY1i-FY12 FY13-FY14 Comments 10000 Examinaiion of Skeletal Remains Stn le bone �195 �215 10100 Examinaiion of Skeleial Remams, Complete �1.950 �2.145 10200 Examination of Skeletal Remams, Par�ial $990 �1,090 10300 Exhumafion, per dav �i.500 �1.650 1102� Inspeciion with body X-rays �750 Discontinued 11050 Ins eciion onlV with 7oxicolo � $950 a1,045 11060 Natural Death Partial Auiopsy, Head �700 Discontinued 11070 Natural Death Pariial Autopsy, Bod}� $900 Giscontinued 11100 Natural Deatn Complete Auiops�� 1.250 �1.3�0 11150 Natural Death Com lete Autopsv with Histolo 1� �1,500 i1,650 11175 Natural beath Complete Auto s� with Chemistry $1.425 i1.570 11200 Com leie Auto s with Toxicolo $1,750 �2,000 11250 Com �ste Auto sv with Histolo y and Toxicolo �2.000 �2,250 11300 Comp�ete tiutopsy with Histology, Toxicology, and �2,175 �2,400 Chemist � 11325 Natural Death, Complete Auto s TDCJ) $1,500 �1,650 11330 Ins ection onlv with Toxicolo �, unnatural death �1.225 �1,345 11340 Partial Autopsy with Toxicology, unnatural death $1,430 D�sconfinued 11350 Complete Auio s�, unnatural death �1,500 �1,650 11360 Unnatural Death Partial Autopsy, Head ��50 Discontinued 11370 Unnaiural beath Partial Autopsy, Body �1,150 Disconiinued 11400 Compiete Auto sV with Histolo ��. unnatural death � i,750 �1,925 11450 Cam lete Autops with Toxicolo �, unnaiural death F �2,000 �2.25C 11500 Complete Auiopsy witn Histology and Toxicology, �2 2�� 2,500 unnatural death 11550 Complete Autopsy with Histology, Tox�cology and �2 42� �2,700 Chemistr , unnatural death 11600 Exhumation Huto s�, unnatural death ' �3.000 �3.300 11605 Vitreous Chemistr �: Basic Metabolic Scre�n �175 �195 11606 Blood Metabolic Screen for Inborn Errors $i75 �195 11650 Trauma Fvaluafion in Skeleial Remains, per cas� �600 �660 11700 Microbiolopical Culture, per s ecimen $175 �195 11750 Neuropatholo Evaluafion �900 �990 1200G Evaluaiian oi Blood Spatter Pattems, rrom photo $110 $120 12100 Evaluaiion of Blaod Spatter Patterns, on scene analysis �165 �185 er hour 12200 Siological Fluid Screening of sexual assault kif icems, per g66 �?5 item 12250 Siological Fluid Screening of physical evidencs items, per� $90 $100 item 12400 DNA Extracfion & Quantita'tion, per sampl� �200 �220 12500 DNA Analysis, STR, per sample �25p �275 EXHIBIT A Tarrant County Medical Examiner's Office Laboratory Services Effective 10I01/2012 throuah 09/30/2014 12550 DNA Analysis, Y STR, per sample $250 $275 12600 Bioiogical Evidence Collection, per item $20 $25 13000 Mari'uana, sin le sam le $83 $90 13050 Mari'uana, each additionai $55 $60 13100 Powder or C stal, sin le sam le $83 $90 13150 Powder or C stal, additionai sam le $55 $60 13200 Powder or Crystal, Quantitative, each sample $55 Discontinued 13250 Anal sis of S rin e Contents, sin le item $83 $90 13300 Anal sis of S rin e Contents, additional item $55 $60 13400 Visual Identification of Drug, tablet or capsule $25 $30 13500 Tablet, single sample q Noable $90 New Item 13550 Tablet, additional sample A Not�b1e $60 New Item 13600 Tablet, bulk analysis, single exhibit (>5 tablets) A Noable $300 New Item 14000 Current Trends Annual Conference $225 $175 15000 Crime Scene Assistance $660 �725 15100 Su I fee: Sexual Assault Kit $15 $17 16100 Dental Chartin &�ull Mouth X-ra $300 $330 16200 Dental Com arison for ldentification $q50 $495 16300 Bitemark Examination & Com arison $675 $745 17000 Facilit Utilization, er hour $200 $220 18000 Visualization of Latenf Prints on Object, per hour $100 Disconiinued 18000 Visualization of Latent Prints on Object, per item A licable $100 New Item 18100 Visualization of Latent Prints on Bodies (processing bod) $400 $440 18200 Comparison of Latent Prints, per hour $100 Discontinued 18200 Comparison of Latent Prints, per item A licable $110 New Item 19000 Evaluation of Ammunition Com onents, er item $55 $60 19050 Examination and Evaluafion of Firearm, er item $140 $155 19100 Amrnunition Com arison, er item $155 $170 19150 Additional Unknown Com arison, er item $45 $50 19200 Toolmark Com arison, er item $155 $170 19250 Ran e Determination, Rifled Barreis, er firearm $360 $395 19300 Ran e Determination, Smoothbore, er firearm $265 $290 19350 Serial Number Restoration, er restoraFion $210 $230 19400 Gun owder Evaluation, er itern $100 $110 20000 Histology Siide Preparation, per case (processing, $125 $135 embeddin , cuttin & stainin 20500 Histology Slide (recut), per case $75 $85 21000 Color Photo 4 x 6, er rint $g $7 21100 Color Photo 8 x 10, er rint $2g $2g 21200 Co of Di ital Photos on Disc $125 $135 EXHIBIT A Tarrant County Medical Examiner`s Office Laboratory Services Effective 10I01/2012 throuah 09/30/2014 22000 Cremation Permit $20 $22 22050 Certified Copy of Inquest Report for Insurance & Records $85 $g5 Com an 22100 Com letion of Proof of Death $70 $75 22150 Com letion of Affidavit, Notarized $110 $120 22200 Co of X-ra , sin le di ital $55 $60 22250 Copy of Fluoroscopy on VHS/Case $125 Discontinued 22350 Shipping Fee (Specimens, Property and Histology Slides) $125 $140 22400 Sub oena Witness Fee $1 $1 22450 Court Testimon , er hour Technicians $450 $495 22500 Travel Time/Court Wait for Testimon , er hour $75 $85 23000 �ower Alcohols b Gas Chromato ra h, each $90 $100 23100 Comprehensive Quantitative Biologic Sample Analysis, g300 $330 sin le sam le 23200 Comprehensive Quantitative Biologic Sample Analysis, $425 $47C multi le sam les 23250 Outside Testin Fee $140 $155 23300 Comprehensive Quantitative Postmortem Heavy Metal $495 $545 Screen 24100 Production of Exem lars from Known, for com arison $90 $100 24150 Com arison of Produced Exem lars to Unknown $125 $140 24200 Arson Anal sis $210 $230 24250 Microsco ic Evaluation of Unknown Hairs $100 $110 24300 Microsco ic Com arison of Hairs to Known $130 $145 24350 Identification and Evaluation of Fibers $130 $145 24400 Examination of Lam s& Filaments $99 $110 24450 Fracture Match Com arison, er item $55 $60 24500 Recove of Trace Material, er item $100 $110 24550 Recovery of 7race Material, per body (processing body) $350 $385 24600 Examination & �dentification of Debris $225 $250 24650 Gunshot Residue Analysis, per stub by 5EM $150 $200 24700 Gunpowder ldentification $210 $235 24750 Identification and Comparison of Glass $150 $165 24800 Identification and Comparison of Paints $150 $165 24850 Identification and Comparison of Tape $150 $165 24900 Impression Evidence Evaluation and Comparison $150 $165 M&C Review � � �` � � fr� � ti . � _ � � � � f � r.: e �, ��ti �� .__- r � � � ._ „ s �, � : . � Page 1 of 1 OPficial sii:e of th�� City of ro�i 4Voith, Texas �'t��t"1''��r'��"CI 1 -e-,� - - ,� . ;,... ,. ., ,,�; . „�.;..� :�. .,..� . , .a�.� �.w �� . �,.A_, �: .., .,�, _ .,r,�... �-�� ,._, _.... ,w ,.��... _. � ..�.�v . ,..�.�� COUNCIL ACTION: Approved on 4/2/2013 . .�a_ �.4.y .�.. v � . ..a �..��_ v ,w�. r� � � u n,.�� , �wt w .� .s� �.. a � � w .. ��. � ,�. � �.� . k ,., ,.� � �� .�� .� .r_ � a. ..��r ,�� DATE: CODE: 4/2/2013 REFERENCE NO.: **G26186 C TYPE: CONSENT LOG NAME: PUBLIC HEARING: 35TARRANT COUNTY FORENSICS � SUBJECT: Authorize Execution of an Agreement with Tarrant County in the Amount of $50,000.00 for Professional Forensic Laboratory Services for the Fort Worth Police Department's Crime Lab (ALL COUNCIL DISTRICTS) E ... Sc'.?(o'R..,rt'3'.✓':"^....'N'-+f'... �a'.4�:'..,e"tt'Ja',�."h""^a'v.:5"i! �,^.§.�.;^7w,'M2.�.r..f.r.:.::.i'.�V-^`^�_.u�'.?!.f!x...,,:��<..:..=�...1F".:..,5.-/....`w'...�:.«:._>$�:.,fi.i:.N�.v....�'-eCm,...,%»'?....m-7:..'�. t,,Cm..��'.'�.':. ^:_...'�.:�:'.:iX:.�'k% RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Tarrant County in the amount up to $50,000.00 for professional forensic laboratory services for the Fort Worth Police Department's Crime Lab. DISCUSSION: The Fort Worth Police Department's Crime Laboratory has utilized the Tarrant County Medical Examiner's Office to conduct forensic analysis for approximately 10 years in order to efficiently manage its caseload. Expenses for this Agreement are estimated in the amount up to $50,000.00. Tarrant County will provide the City of Fort Worth (City) with specific forensic analysis, including toxicological analysis, where the City and other agencies are unable to provide such analysis. The Fort Worth Police Department recommends this vendor because of the need for scientific integrity, credible testimony, and close proximity to the City. . M/WBE Office: A waiver for the goal for MBE/SBE subcontracting requirements was requested by the Police Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers Submitted for Citv Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers GG01 531200 0356600 $50,000.00 Charles Daniels (6199) Jeffrey W. Halstead (4231) Christy Rodriguez (4244) http://apps.cfwnet.org/council�acket/mc_review.asp?ID=18182&councildate=4/2/2013 7/3/2013