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HomeMy WebLinkAboutContract 59024CSC No. 59024 MEMORANDUM OF UNDERSTANDING BETWEEN TARRANT COUNTY AND CITY OF FORT WORTH Latent Print Technical, Verification, and Testimony Monitoring Review Purpose The purpose of this Memorandum of Understanding (MOU) is to describe the agreement between Tarrant County acting through the Tarrant County Medical Examiner's Office ("TCME") and The City of Fort Worth acting through Fort Worth Police Department Crime Laboratory ("FWPDCL") collectively referred to as "Parties", and to define the scope of work and responsibilities of the Parties concerning reciprocal administrative, technical/peer. . review and verification of latent print casework. This document sets forth the agreed upon procedures for management, accountability, direction, reporting, and execution of this MOU. Background Technical review (also called peer review) of case documentation is a common practice in forensic science laboratories, performed to ensure that the conclusions of the analyst are reasonable, within the constraints of validated scientific knowledge, and supported by the examination records. Technical reviews typically involve an independent assessment (by an analyst other than the author of the records) of the examination record and report to ensure that the analysis conforms to proper technical procedures and that results are accurate and supported by the data. Verification is the process by an independent qualified analyst used to verify the identification, elimination or inconclusive result of an item of evidence when compared to a like item of evidence by another qualified analyst. Both TCME and FWPDCL employ a single latent print examiner trained to perform internal technical and verification review of casework in accordance with their laboratory's management system. Therefore, TCME and FWPDCL must rely on an external review construct to meet technical and verification review requirements. Such construct includes the requirement that a technical and verification reviewer be competent and work in accordance with the laboratory's management system. Testimony monitoring is the technical review of testimony, either in person or of official court transcripts by personnel competency tested in the testing being presented in court. The Texas Administrative Code 651.219, Code of Professional Responsibility require testimony to be performed in a manner which is clear, straightforward and objective, and avoid phrasing testimony in an ambiguous, biased or misleading manner. ANAB accreditation requires the technical review of testimony to ensure testimony is given in an accurate and appropriate manner. Overview of Latent Print Services Pursuant to the applicable authorities and in the furtherance of the shared goals of the Parties to carry out the purposes of this MOU, the parties, in a reciprocal capacity, agree to provide OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX peer/technical, and verification reviews of examination records. Such reviews may result in the reviewing party being asked to testify in relation to the case reviewed. In addition, the parties, in a reciprocal capacity, agree to provide testimony monitoring by either observing in person or review of provided official transcripts of testimony. The following latent print examinations or services are offered by the TCME and FWPDCL Latent Print Sections: 1. Use various chemical and physical means to process items of evidence. 2. Evaluate latent print impressions for suitability 3. Conduct latent print comparisons of latent prints to known exemplars. 4. Conduct AFIS searches. 5. Perform reviews of latent print casework to include: technical and verification. 6. Testify to latent print casework. 7. Testimony monitoring annually. Roles and Responsibilities of the Parties 1. TCME and FWPDCL agree to receive latent print case records and relevant laboratory quality, examination, and/or technical documents for the purposes of performing technical and verification reviews, or testimony monitoring. 2. The reviewer shall respond to a written request for peer review and verification or testimony monitoring by either agreeing to provide the service or declining the request. If reviewer agrees to provide the service, the technical and verification review or testimony monitoring shall be completed within 14 days from the date of the case materials/transcripts are received or date of observed testimony. 3. TCME and FWPDCL agree to document the review using the requesting agency's review form, which becomes an associated case record for the requesting agency. Testimony monitoring will be documented using the requesting agency's review form and processed according to the requesting agency's standard operating procedures. The term "requesting agency" refers to the agency that initiated the request for a technical review and verification. The term "reviewing agency" refers to the agency that conducts the review. 4. If the reviewer determines, as a result of the technical and verification review, that a correction or revision to the case records is needed, this need will be communicated to the signing analyst of the requesting agency. a. If the signing analyst of the requesting agency agrees with the proposed correction/revision of the technical reviewer, then: i. Appropriate revisions will be made to the report and/or associated administrative or examination records prior to completion of the review. Revisions to administrative and examination records will be appropriately notated (e.g., initialed and dated stri ke-th roughs), b. If the signing analyst of the requesting agency and the reviewer do not agree upon the proposed correction or revision, then: I. The issue will be referred to the requesting agency's Crime Laboratory Director and/or Forensic Division Manager for assessment and resolution. Following resolution and agreement, any required revisions will be made to the report and/or associated administrative or examination records prior to completion of the review. ii. In the event that no resolution can be reached that is mutually agreeable to the signing analyst and the technical reviewer, then the requesting agency's Crime Laboratory Director and/or Forensic Division Manager will follow their standard operating procedures for the control of non -conforming work to resolve the issue. 5. At the conclusion of the review process, the reviewer shall complete the review form and return a signed and dated copy to the requesting agency. The requesting agency is responsible for making arrangements for the return of the case records and documents at the requesting agency's expense, if required. Indemnity Both TCME AND FWPDCL each agree to be responsible for their own negligent acts, errors or omissions, or other tortious conduct in the course of performance of this MOU without waiving any sovereign immunity, governmental immunity or other defenses available to the parties under federal or State law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. All parties agree that any such liability or damages occurring during the performance of this MOU caused by joint or comparative negligence of the parties, ortheir employees, agents or officers shall be determined in accordance with comparative responsibility laws of Texas. Term and Notice The MOU is in effect upon the date of the last signature and will remain in effect unless terminated by either party on a 30-day written notice to the parties named below. Any notice required or permitted to be delivered under this contract shall be deemed to have been given when personally delivered, or if mailed, seventy-two (72) hours after deposited of the same in the United States Mail, postage prepaid, certified, or registered, return receipt requested, properly addressed to the contact person shown at the respective address set forth below, or at such other address as shall be specified by written notice delivered in accordance herewith: City of Fort Worth Tarrant County/TOME Attn: Fernando Costa Chief Medical Examiner Assistant City Manager Tarrant County Medical Examiner 200 Texas St. 200 Feliks Gwozdz PI. Fort Worth, TX 76102 Fort Worth, Texas 76104 Facsimile (817)392-8502 Facsimile (817)920-5713 With a copy to the City Attorney's Office at the same address and to: Senior Contract Compliance Specialist Bob Bolen Public Safety Complex 505 West Felix Street Fort Worth, TX 76115 Modifications The provisions of this MOU maybe amended at anytime upon mutual agreement of both parties and/or any necessary approval by the parties' respective Commissioner's Court. Applicable and Governing Laws This MOU is entered into subject to all applicable state and federal laws, including the Texas Public Information Act. This MOU shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. Compliance with Laws In providing the services required by this Agreement, Vendor must observe and comply with all applicable federal, state, and local statutes, ordinances, rules, and regulations, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and non-discrimination laws and regulations. Vendor shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. Publicity and Media Publicity releases and/or media interviews in connection with the activities covered by this MOU shall not be undertaken by any Party without prior review and consent by the other Party's designated official responsible for public/media affairs. Sovereign Immunity This MOU is expressly made subject to the parties' sovereign immunity, Title 5 of the Texas Civil Practice & Remedies Code and all applicable Texas and federal law. The parties expressly agree that no provision of this MOU is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties have by operation of law. Nothing in this MOU is intended to benefit any third -party beneficiary. CONFIDENTIALITY The parties understand that City is a governmental entity for the purposes of the Texas Public information Act ("Act"). Any documents provided to City may be requested pursuant to the Act. Any documents provided by a party who contends that their records are excepted from disclosure under the Act or are confidential by law must be clearly marked as such on the first page of the document prior to the document being provided to City. In the event that a party's information is requested and it was previously marked as excepted or confidential, the City will notify the particular party and the party will be responsible for submitting arguments to the Texas Attorney General against disclosure of the information. No party shall release any information provided by City without the prior express written consent of City. If any information provided to a particular party by City is disclosed or its security is otherwise compromised, the party shall notify City as soon as possible and shall make all reasonable efforts to retrieve the information. ACCEPTED AND AGREED : CITY OF FORT WORTH By: Name: Fernando Costa Title: Assistant City Manager Date: Feb 3, 2023 APPROVAL RCCOMMENDED: By, Sobeit ItenA-Ir`dredgeJr.(Feb3,202307:42CSTj Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief 04� �nnnIl ATTEST C�fO°Rt�1'ddp O9-dd �o Pv= °=°a Op4d nEao4`b By: - -- Name: Jannette Goodall Title: City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Keith Morris Title: Assistant Police Director APPROVED AS TO FORM AND LEGALITY: --A U By. Nico Arias (Feb 2, 202313:04 CST) Name: Nico Arias Title: Assistant City Attorney CONTRACT AUTHORIZATION: M &C: Date Approved: N/A Form 1295 Certification No,: N/A Tarrant County J APPROVED AS FORM: r By: By: Name: Tim O'Hare Criminal D Attorney's ice* Title: County.ludge "By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's lenal nersnective. Othe..r nnrtias mnv not ra,ly nn thic annrnval incfraarl IAnen norFSo� �F . i. �. a ..:... from Independent counsel. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Latent Print Review MOU 1.30.23 Final Audit Report 2023-02-03 Created: 2023-01-30 By: Kelly Cleveland (Raquel.Cleveland®fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAABmMfFrg2Tr5iQeldNknPVFcVcU, rdObY "Latent Print Review MOU 1.30.23" History Document created by Kelly Cleveland (Raquel.Cleveland@fortworthtexas.gov) 2023-01-30-11:40:50 PM GMT- IP address: 204.10.90.100 C'.► Document emailed to Lorita.Lyles@fortworthtexas.gov for approval 2023-01.30-11:44:44 PM GMT Email viewed by Lorita.Lyles@fortworthtexas.gov 2023-01-31-1:32:28 PM GMT- IP address: 204.10.90.100 do Signer Lodta.Lyles@fortworthtexas.gov entered name at signing as Lorita Lyles 2023-01-31-1:33:09 PM GMT- IP address: 204.10.90.100 6o Document approved by Lorita Lyles(Lorita.Lyles@fortworthtexas.gov) Approval Date: 2023-01-31-1:33:11 PM GMT - Time Source: server- IP address: 204.10.90.100 C'w Document emailed to Nico.Arias@fortworthtexas.gov for signature 2023-01-31-1:33:12 PM GMT FSo Signer Nico.Arias@fortworthtexas.gov entered name at signing as Nico Arias 2023-02-02 - 7:04:18 PM GMT- IP address: 204.10.90.100 6o Document e-signed by Nico Arias (NIco.Arias@fortworthtexas.gov) Signature Date: 2023-02-02 - 7:04:20 PM GMT - Time Source: server- IP address: 204.10.90.100 C'y Document emailed to Keith.Morris@fortworthtexas.gov for signature 2023-02-02 - 7:04:22 PM GMT Email viewed by Keith.Morris@fortworthtexas.gov 2023-02-02 - 7:23A6 PM GMT- IP address: 204.10.90.100 do Signer Keith. Morris@fortworthtexas.gov entered name at signing as KEITH MORRIS 2023-02-02 - 9:14:59 PM GMT- IP address: 204.10,90.100 ORT'wORT . I Powered by Adobe Acrobat Sign dQ Document e-signed by KEITH MORRIS (Keith.Morris@fortworthtexas.gov) Signature Date: 2023-02-02 - 9:15:01 PM GMT - Time Source: server- IP address: 204.10,90.100 ' v Document emailed to Dina.Lackovic@fortworthtexas.gov for approval 2023-02-02 - 9:15:03 PM GMT CS© Signer Dina.Lackovic@fortworthtexas.gov entered name at signing as Dina Lackovic 2023-02-02 - 9:19:49 PM GMT- IP address: 204.10.90.100 6© Document approved by Dina Lackovic (Dina.Lackovic@fortworthtexas.gov) Approval Date: 2023-02-02 - 9:19:51 PM GMT -Time, Source: server- IP address: 204.10.90.100 �-. Document emailed to Robert.Alldredge@fortworthtexas.gov for signature 2023-02-02 - 9:19:52 PM GMT Email viewed by Robert.Alldredge@fortworthtexas.gov 2023-02-03-1:41:50 PM GMT- IP address: 204.10.90.100 A0 Signer Robert.Alldredge@fortworthtexas.gov entered name at signing as Robert Allen Alldredge Jr. 2023-02-03-1:42:07 PM GMT- IP address: 204.10.90.100 de Document e-signed by Robert Allen Alldredge Jr. (Robert.Alldredge@fortworthtexas.gov) Signature Date: 2023-02-03-1:42VI PM GMT - Time Source: server- IP address: 204.10.130.100 124 Document emailed to Fernando Costa (Femando.Costa@fortworthtexas.gov) for signature 2023-02-03-1:42:10 PM GMT Email viewed by Fernando Costa (Femando.Costa@fortworthtexas.gov) 2023-02-03 - 2:05:34 PM GMT- IP address: 166.137.83.68 6a Document e-signed by Fernando Costa (Fernando.Costa@fortworthtexas.gov) Signature Date: 2023.02-03 - 2:06:10 PM GMT - Time Source: server- IP address:166.137.83.68 Document emailed to Melissa Brunner(melissa.brunner@fortworthtexas.gov) for approval 2023-02-03 - 2:06:11 PM GMT Email viewed by Melissa Brunner (melissa.brunner@fortworthtexas.gov) 2023-02-03 - 4:07:62 PM GMT- IP address: 204.10.90.100 do Document approved by Melissa Brunner (melissa.brunner@fortworthtexas.gov) Approval Data: 2023-02-03 - 5:23:41 PM GMT - Time Source: server- IP address: 204.10.90.100 �'.► Document emailed to jannette.goodall@fortworthtexas.gov for signature 2023-02-03 - 5:23:42 PM GMT Email viewed by jannette.goodall@fortworthtexas.gov 2023-02-03 - 6:10:51 PM GMT- IP address: 204.10.90.100 ORTWORTH, I Paweredtq Adobe Acrobat Sign do Signer jannette.gouda[!@fortworthtexas.gov entered name at signing as Jannette S, Goodall 2023-02-03 - 6:11:03 PM GMT -JP address: 204.10.90.100 do Document e-signed by Jannette S. Goodall (jannette.goodall@fortworthtexas.gov) Signature Date: 2023-02-03 - 6:11:05 PM GMT -Time Source: server- iP address: 204.10.90.100 10 Agreement completed. 2023-02-03 - 6:11:05 PM GMT aeTWolzT>, j Powered by I Acrobat Sign