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Home My WebLink AboutContract 44614 ry s REARY COMCT STATE OF TEXAS § fNTERLOCAL 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, Texasl hereinafter called "City," and TA NT COUNTY, acting on behalf of the TARR-ANT COUNTY MEDICAL EXAMINER'S OFFICE, hereinafter called "County." L DESCRIPTION OF WORK For the consideration hereinafter agreed to, be plaid to County by City, County shall provide toxicological analysis and other similar forensic laboratory services for the Fort, Worth Police Department, in the City of Fort Worth and County of Tarrant, Texas,hereinafter called the "Services." The Services are to be performed in a competent and professional. manner, and performance shall conform to applicable professional standards for the Services. County shall also perform the Services, 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' volunie of work 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 work by County,, City will. pay County in accordance with the approved agreed on fee schedule for the Services. The agreed upon fee schedule is attached and incorporated within as Exhibit A. Payment will be made 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, $510,000 (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 (301), days advance written not ice 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, mill be incorporated ncorporated 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, 2 1 and terminate on September 30, 20131, 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 C and TARRANT COUNTY mmII tip #111) ECE ,lop wua RECEIVED APR 216 sub�ject to appropriations of City funds for this annually on the same terms and conditions, Agreement. 5. BREACH OF AGREEMENT County and City re that in the event either party fails to comply with, or b�reaches:, 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 no:n-breaching party becomes a ware of the failure to comply or breach of agreement. Tn 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. 6. INDEPENDENT CONTRACTOR County's status in the performance of the Services tinder this Agreement 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 working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term or provision of this Agreement or act of County in the perfon-ricance of this Agreement shall be construed as making County or its officers or employees the agents or empiloyees of City, or making any of County"s employees eligible for the fringe benefits, such as retirement, insurance and woricer's compensation, which City provides, its own employees,. 7. RESPONSIBILITY City shall in, no way nor under any circumstances be responsible for any property belonging to County, its officers,, members, agents, employees, sub contractors, program participants, licensees, or invitees, which may be lost, stolen,,destroyed, or in any way damaged. County will provide certification c,onfum-iing 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 make 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 specified in such notice. FORF.NSIC LAB SERVICES CF ant TARR-ANT COUNTY 2 Either party may terminate this Agreement in whole or in part for their convenience upon thirty (310) days: advance written notice to the other party. City will compensate County in accordance with the terms of this Agreement for all Services perfonned for the benefit of City prior to the effective date of such notice. 10. NOTICES Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other 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 shall be deemed con u-nunicated as of three days after inalling. If intended for City, to., Jeffrey W. Halstead, Chief of Police City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76102 Ifiritended for County,to.- Nizam Peerwani, M.D. Chief Medical Examiner Tarrant County Medical Examiner's Office 20101 Feliks G,wozdz Place Fort Worth, Texas 76104 4 11. RIGHT OF REVIEW AND AUDIT County 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 a, reement involving transactions relating to this Agreement. County agrees that the City shall have access during normal working hours to all necessary County 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 County reasonable advance notice of intended audits,. County farther 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 three (3) years after final payment under the subcontract,, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions to the subcontract, and further that City shall have access during, normal working hours to, all subcontractor facilities and shall be provided adequate and,appropriate workspace 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 TA 'T COUNTY 3 12. RIGHT OF ON-SITE VISIT The City shall reserve 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 all documentation related to the yearly,on-site visit, Including, 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 01" 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 b id., 14. DISCRIMINATION 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 employnient, advancememt, or discharg'e of employees, or in connection with the terms, conditions, or privileg,es of their employment, discriminate 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 RELINQ1 JESHMENT 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. 17. VENUE 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 he in Tarrant County,Texas. 18. GOVERNING L. Agreement shall be governed by and construed in accordance with. the laws and court decisions of the State of Texas. FORENSIC LAB,SERVICES CAW and TARRANTCOUNTY 4 '19. LEGAL CONSTR UCH TIO'N In case any one or more of the provisions contained in this Agreement shall for any reason be held to, be invalid, illegal,, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenfomeable provision hadi,,i,ever 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 been duly authorized by the governing 'bodies of the City and County to sign this Agreement on behalf of the governing bodies. 22. ENTIRE AGAtEEMENT This Agreement embodies the complete understanding and agreement, of the parties, hereto, superseding all oral oir written Previous and coin-temporary agreements between the parties relating to matters contained in this Agreement. Except as otherwise provided herein, this Agreement cannot be modified without written supplemental agreement of the parties. EXECUTED this the day of 1)2013. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK FORENSIC LAB SERVICES CF and TA NT COUNTY 5 fY 01 ACCEPTED,AND AGREED, CITY OF'FORT WORTH TARRANT COUNTY, acting on behalf of the TARRANT COUNTY MEDICAL EXAMINER'S, OFFICE caarle! W. Daniels B. Glen Whitley Assts tant City Manager County Judge APPROVAL RECOMMENDED. By: J T eff . Halsitead, Cbief of Pohce APPROVED AS TO FORM 0/1100 AND LEGALITY.- 0000001 C, 110, 1/ r e Jessi ��'Sdffigsvan % Name (p 9 t City Attorney Assistant i !rict Attomey, ATTEST: oe Mo Ff ik 4_ 4?� ary ys Cit, Secre ry ci y Autborizatiow CSO No, C. FORENSIC LAB SERVICES C and TARRANT COUNTY OFFICIAL�w RECORD 6 CITY 36GRET14RIf F171, W01/RIM, TX Jill EXHIBITA Tarrant County Medical Examiner s Office Laboratory Services Effect,ilve 10/0112012 through 0913012014 I-INo 1 11 I'll ............ Tarraint County Medical Examiner's Office Fee Schedule Items Desc6pfion FBI I-FY12 FY13-FY14 Co ments, 10000 Examination of Skeletai Remains SingLe bone $ $21 1 10100 Examination of Skeleial Remains,, C,omoliete S 1 5,0 $22,1451 1 200 Examination of SkeleTal le am, Partia $990, $111.090 10300 Exhuma,ti:oni, r)er dav S 1.5010 1.63-10 11025 Inspection with body X-rays $,750 Discontinued 110,50 Inspection o 1 with Toxicoliogt $950 S1,043- 11060 Natural Death PIE31rfial Autopsy, Head $700 Discontiniuled '11070, NatUral Death Partial Autopsy, Body $900 Discontinued 11100 Natural Death Complete Autop2y. $1.250 $1.375 50 W111501 Natural Death Cornolete Autoi)sy with His tollo,g�, $1�,500 $1�,65 11 - 11,175 Niat,ural Death,C gym r)letn,Aut2psy with Chemist,ry $'I A25 $1.570 ................. 11200 Co�mpiete Aut2ps,y with ToxicoloqX $1,,75C $2,000 11250 Complete,Autopsy with Histolooy,and:T oxicollo $2.00�O S 2.2050 Complete Autopsy with Histoiogy,Toxicology, and 11300 Chemistry $2,175 S2,400 11325 Natural Death,, Complete AutoosL'�TDCJ) $1,5 $1,650 11 30 Inspection oniv with Toxicolog I unriatural death S 1.42 2 5 $ ,345 j j 11340 Partial Autopsy with'Toxicology, unnatural death $1$430 Discontinued 11 50 Co,m le te Auiopsy, unnatUral death S lot.5 0110 11 $1.650 11360 Unnatural Death, Partial Autopsy., Head $950 1 Discontinued 11370 Unnatural Death Partial Autopsy, Body $1,150 Discontinued 11400, COMDlete Autopsy with Histoll2al. u,nnatural death 1750 $1.925 11450 Cornp let e Autopsy with Toxicolo y, unnatur al death 52.000 $").2,5C 11500, Complete Autopsy witr) Hiis,to,ioigy and Toxicology, $2,250 $2 500 unnatural death 11550 Complete Autopsy with Histolo y, Toxicology and $2,4251 $2,700 Chernist2, unnatural death 1,1000 Exhumation Autopsy, unnatural death �3-000 $3.300 1160 n- Vitreous Chemist Ba,sic Metabolic Screen $175 S 195 11606 Blood Metabolic Screen,for Inborn Errors $1,75 $ 1 11650 Trauma Evaluation in Skeletal Remains, per case $600 $660 11700 Microbiololaical Oulture, ol s,2,3cirneini $175 $195 11750 Neuropathology Evaluation $900 $990 120,00 Evaluation of Blood Smatter Patierns, aroma Photo 110 S,120 Evaluabon of Blood Sp�atter Patterns, on scene analysis 121 $165 S 1851 2e r hour ,,a Fluid Scrrening of sexual assault kit,items, per Biol I N.0 I..f S-7 12200 item $66 01) Biolo per g�i al F)uid ',53creening of physical evidence items 1,1orr $90 $100 12400 [DNA I.Extraction& Quiantiia n, Per sampl $200 5220 125,00, DNA Analysis, STR, per sample. 525 10 $2751 EJXI-J I BIT A Tarrant County Medical Examiner's Office Laboratory Services 0 E�ffective 10/01/2012 through 09/3,01/201,14 12550 DNA Analysis, Y STS, per sample $250 $275 ......... 'in It.. 12600 Biological Evidence Collection, per itern $20 $25 13000 Marijuana, single sam le $83 13050 Maruivaina, each additional $55 $60 131,00 ....... Powder or prystal., single,sample $83 $90 13150 Powder or C[ystial, additional sample $561 $60 132'00 Powder or Crystal, Quantitative, each sample $55 Discontinued 13250 Analysi's of SyriEj2e Contents,sin 2lie,item $;83 S90 ir E, 13300 Analysis of Syringe Cortents, additional item $60 13400 Visual Identification of Drug, tablet or capsule $25, $,30 13500 Tablet, single sample Ap Not ble $90 New Item 13550 Tablet, additional sample Not $1601 New Item - Applicable 13600 Tablet, bulk analysis, sin le exhibit(>5 tablets) Not $300 New Item I A2,p Licable ' - 1 1 14000 Current Trends Annual Conference $225 $175 150100 Crime Scene Assistance $16610 $17251 15100, SuE2l y-free: Sexual Assault Kit $115 $1,7 16100 Dental Charting & Full Mouilth $300 $330 16200 Dental Comparison for Identification $450 $495 1631010 Biterinark Examination&Corn iparison $675 $745 17000 Facility Utilization, per hour $200 $220 18000 Visualization of Latent Priints on Object,, per hour $100 Discontinued 18000 Visualization of Latent Prints on Object, per item Not ew Item$ 01 N I -Applicable 10 1 ail 00 Visualization of Latent Prints on Bodies (processing bod), $,400 $440 .......... - 18200 Comparison of Latent e ent Prints,1 r hour $100 Discontinued 18200, Comparison of Latent Prints, per item dot $110 New Item Applicable 19000 Evaluation of Ammunition Components, pier item $55 $60 901510 Examination and Evaluation of Firearm, 2er item $1,40 17 $155 19100 Ammunition Com,pa,rison, per item $155 17 0 19150 Additional Unknown-COm2arison, per item $45 $50 192010 Toolmark Comparison,2er item $155 --$1,70 19250 Ran Determination, Rifled Barrels, per firearm $36101 $395 19300 Range Determination, Smoothbore, Rer firearm, $265 $290 19350 Serial Number Restoration,E!er restoration $210 $230 19400 gun der Evaluation,, m $100 110 _2o,w 2eri ite 20000 Histology Slide Preparation, per case(processing, $125 $135 embeddin2, cutting &,staininol... 20500 Histology Slide(recut), per case $75 $185 21000 Color Photo,4 x 6, er 2rinit 211010 Color Philoto 8,x 1L,per print $25 $28 2112,00 CORY of Di9ital Photos,on Disc $125, $135 2 EXI-41BI"I" A 'Tarrant County Medical Examiner's, Office Laboratory Services Effective 10/01/2012 through 09/30112014 22000 Cremation Permit $20 $22 Certifiied Copy ofinquest,Report for Insurance & Records 22050 CoMany, $8,51 $1915 22100 Com tion of Proof of Death $70 $75 221 mplefion of Affidavit, Notarized $1 10 $120 22200 Copy of X-ray, single_jigital $55 $60 22250 Copy of Fluoroscopy on H1 as $125 Discontinued 223510 S,h' ippiing Fee(Specimens,' Property and Histology Slides,), $112,5 $1401 224001 Sub2oena Witness Fee $1 $1 _22450 Couirt Testimo2j,per hour lechnicians),. $450, $495, 22500 Travel Time/Cou:rt Wait for Testimon er hour $75 $85 23000 Lower Alcohols_Oy Gas ChromatogLah , each $1910, 23100 Comprehensive Quantitative Biologic Sample Analysis, $300 $330 single sample Colmplrehien�sive Quantitative,Biologic Sample Analysis, 23200 multilLie $425 $47�, 1 1 samples 23250 Outside Teeth E Fee L $140 $1155 '-�To—mprehe�nsive Quantitative Postmortem Heavy Metal 23300 $1495 $5451 Screen 10 Production of Exem2lars from Known n,for cow anent $90 $100 ----- ----- 24150 Comparison of roduced Exemplarsto Unknown $125 $1,40 i 0 ON. 24,2001 Airson Areal)Lsl Ala $210 $230 24250 Microscopic Evaluation of Unknown Hairs $100 $110 24300 Micros,RMic Com,Rarison of Hairs to Known, $130 $1145 ............M 24350 Identification and Evaluation of Fibers, $130, $145 2,4400 Examination of Lamps&, Filaments $199 $1 1101 r�24450 Fracture Match Co mean I son, Eer item $55 $61() 24500 Recovery of Trace Material, 2w item $100 $11,10 24550 Recovery of Trace Material, per body(,processing body 3 � $385 00 24600 Examination& Identification of Debris, $225 $250 24650 Gunshot Residue Analysis, per stub by,SEM $150 $20O 247010, Gunpowder Identification $211 O $235 24750 Identification and Comparison of Glass $150 $165, 248 identification and Comparison of Paints $150 $,165 24 dentification and Comparison,of Tape $1501 $165, $16,51 24900 Impression Evidience Evaluation and Colmpariison: $1501 M Review Page I of I C)ffidal sitle- of Ulu?("'Ity Of Fort Worth,Tinas CFoftTWORTH ITY, Coun "NCIL AGENDA 6XV00, COUNCIL ACTION: Apip,roved' on 4/2/2013 "Mrol IW� i r�,Y�u�kN" .�"a WIXOM= 315TARRAN�T COUNTY DATE.- 4/2/2,013 REFERENCE NO., C-26186 LOG NAME: FORENSICS CODE: C TYPE: CONSENT PUBLIC NO HEARING,- SUBJECT: Authorize Execution of an Agreement with Tarrant County in the Amount of$50,000.00 for Professional Forensic La Bbl orat ory Services for the Fort Worth Police Department's Crime Lab (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Tarrant County in the amount up, to $50,0100-00 for professional forensic laboratory services for the Fort Worth Police Department's Crime Lai bl. 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 effici�en�tly manage its caseload,., Expenses for this Agreement are estimated in the amount up, to, $50,01001.00. Tarrant County will provide the City of Fort Worth (City)with specific,forensic analysis, 'including toxi!colo;gical analysis, where the City and other agencies are unable to provide such analysis. The Fort Worth Police Department, recommends, this vendior because of the need for scientific integrity, credible testimony, and close piroixim�ilty to the City. I I M/WBE, Office: A waiver for the goal for IVIBE/SBE subcontracting require�ments was requested by the Police Department and approved by the M/WBE, Office because! the pu�rchalse of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL, INFORMATIONXERTIFICATION: The Financial Management Services Director certifies that funds are av�a,ilabl�e in the current operating budget, as appropriated, of the General Fund. 10 Fund/Account/Centers FROM Fund/Account/Centers G,G01 531200 0356600, $50,000.00 .Sub mil fted for City Manaqer's Offlice Charles, Daniels (6:1991) 0rm g*nat"ng_DePartment, Head: Jeffrey W. Halstead (4231) Additional Informat'ion Contact!, Christy, Rodriguez(42�44� , ........... ATTACHMENTS http�//apps-cfwnet.org/counc*I review 1 _packet/mc– -asp 'ID—I 8182&counc11date-4/2/2013 7/3/201 131