HomeMy WebLinkAboutContract 60381MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ARLINGTON AND
CITY OF FORT WORTH
Latent Print Technical,
Verification, and Testimony Monitoring Review
Purpose
CSC No. 60381
The purpose of this Memorandum of Understanding (MOU) is to describe the agreement between
the City of Arlington acting through the Arlington Police Department Crime Laboratory ("APDCL") 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 verifythe identification,
elimination or inconclusive result of an item of evidence when compared to a like item of evidence by
another qualified analyst. Both APDCL and FWPDCL employ latent print examiners trained to perform
internal technical and verification review of casework in accordance with their laboratory's
management system. At times, the APDCL 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
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
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 APDCL 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. APDCL 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 term "Requesting Agency" refers to the agency that initiated the request for a technical
review and verification. The term "Reviewing Agency or Reviewer" refers to the agency that
conducts the review. 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. APDCL 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.
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:
L 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 strike-throughs).
b. If the signing analyst of the Requesting Agency and the Reviewer do not agree upon
the proposed correction or revision, then:
L The issue will be referred to the Requesting Agency's Crime Laboratory
Sergeant 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 Sergeant and/or Forensic Division Manager will follow their
standard operating procedures for the control of non -conforming work to
resolve the issue.
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.
Each party will bear their own costs of their performance and no payments will be made to the
other party.
Indemnity
To the extent permissible by Texas law, both APDCL 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, or their
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
Attn: Fernando Costa
Assistant City Manager
200 Texas Street
Fort Worth, TX 76102
Facsimile (817)392-8502
City of Arlington
Attn: Alexander Jones
Chief of Police
620 Division Street
Arlington, Texas 76011
Facsimile (817) 459-5722
With a copy to the Fort Worth 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 written mutual agreement
of both parties and/or any necessary approval by the parties' respective City Council.
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. Each party paying for the performance of
governmental functions or services must make those payments from current revenues
available to the paying party.
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 thattheir 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.
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APPROVALS
CITY OF FORT WORTH
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Oct 30, 2023
APPROVAL RECOMMENDED:
BY: Robertobe t All a Jr. (Oct 30, 202312:45 CDT)
Name: Robert A. Alldredge Jr.
Title: Executive Assistant Chief
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ATTEST:
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By:
Name: Jannette Goodall
Title: City Secretary
CITY OgARLIN ON
By:
Nam : Ales nderJones
Title C f of Po ice
ATTEST BY:
Alex Busken, City Secretary
APPROVED AS T RM:
Molly hor , btyAttor�
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.
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By:
Loraine Coeman(Oct, 202312:08 CDT)
Name: Loraine Coleman
Title: Administrative Services Manager
APPROVED AS TO FORM AND LEGALITY:
Je-tlt�f OS
By: Jerris Mapes (Oct 27, 202311:45 CDT)
Name: Jerris Mapes
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C:
Date Approved:
Form 1295 Certification No.:
APPROVED AS TO FORM:
By:
Criminal District Attorney's Office'
`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 legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review
from independent counsel.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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