HomeMy WebLinkAboutContract 61915CSC No. 61915
Forensic Analytical Crime Lab
3777 Depot Road Suite 403
Hayward, CA 94545
Phone (510) 266-8100
Fax (510) 887-4451
Tax ID # 20-5804934
AGREEMENT/AUTHORIZATION FOR PROFESSIONAL SERVICES
FACL PNC#: 20245156 FACL Case#:
Case Name: Waller v. Hoeppner
Client's Name: Forth Worth City Attorney's Office
Client Contact: Nikki McKenzie
Mailing Address:
200 Texas St
Fort Worth, TX 76102
Phone Number: 917-392-7600
X Original ❑ Supplemental
Client Number: 22729
Agency Case #: No. 4:15-cv-0670-P
Forth Worth City Attorney's Office
Nikki McKenzie
Billing Address:
200 Texas St
Fort Worth, TX 76102
Fax Number:
XAmended
Forensic Analytical Crime Lab (FACL), a California Corporation, and the undersigned Client ("Client") hereby enter ini
an agreement for services to be provided to Client on the terms and conditions stated herein. Any amendments or
supplements thereto, whether signed contemporaneously with this Agreement/Authorization, or after, are deemed
incorporated into and made a part of this Agreement/Authorization.
1) Client expressly authorizes Forensic Analytical Crime Lab to perform the following work:
Case Review/Consultation/Report: 39hrs 0, $325/hr: $12675
OA/OC Review: lhr n, $325/hr: $325
Total: $13000
2) The authorized cost for this work is $13,000 billed according to Forensic Analytical Crime Lab current'
Fee Schedule. Should the scope of the work change or increase, a supplemental agreement/authorization will be required.
3) X The authorized cost does not include costs associated with court testimony, travel or reimbursable expenses.
The authorized cost does include costs associated with court testimony, travel and/or reimbursable expenses.
4) Responsibility for payment of all costs are the responsibility of the Client / Client Agency and is not transferable or
assignable to the Client's own client in turn.
5) Payment Terms (check as applicable): (Make all checks payable to Forensic Analytical Crime Lab)
_Court Order (Please name Forensic Analytical Crime Lab to perform services in court orders.)
X Authorization for payment is attached.
_Existing Agency Agreement, Contract or Purchase Order in effect.
_A retainer in the amount of $ is required of which the initial consultation and case administration
charge is non-refundable.
X The undersigned represents that funds are available for payment of the balance of fees to FACL and that the undersigned is
authorized to commit those funds for services as specified in Section 1.
OFFICIAL RECORD
CITY SECRETARY 1 of 3 (rev. Oct 21, 2020)
FT. WORTH, TX
6) The provision and completion of services is contingent upon payment of costs by Client to FACL as and when due_
FACL reserves the right to refuse further work if payment is not made as and when due.
7) FACL reserves the right to increase hourly rates after the elapsed period of one year from the date of this agreement.
8) Payment is due within 30 days of final invoice for the work as specified in the Agreement/Authorization. Interest will
accrue at a rate of 1.5% per month on overdue or unpaid balances over 30 days from date of final invoice.
9) FACL will not enter into a work Agreement/Authorization with more than one Client in any case except by written
agreement between or among all Clients, and
10) In the event that more than one Client (as identified below) agrees to retain FACL to provide services hereunder, the
following applies:
a) Each Client has had the full and fair opportunity to consult with legal and/or other counsel of its choice in connection
with whether this Agreement should be entered into;
b) Each Client is aware that there is a possibility of conflict between and/or among them with respect to the matter for
which services are requested, and each expressly and knowledgeably waives any such conflict;
c) FACL shall undertake its services in a manner and with such work product as it determines in its sole professional
judgment is appropriate; and
d) Clients shall not issue conflicting instructions to FACL. FACL is free to disregard any conflicting instructions and
shall have no liability to Clients or any other person in connection with disregarding conflicting instructions.
e) Client(s) shall jointly and severally indemnify and hold harmless FACL, its directors, officers, employees and agents
from any claim, cost or loss of any kind or nature, including without limitation reasonable attorneys fees arising out of or
related to its performance of services under Section 9 and 10, including failure of any Client to comply with any and all
subparagraphs of Section 10.
11) In the event that FACL or any of its directors, officers, employees or agents is subpoenaed to produce documents
and/or testify in any court, deposition or other proceeding in connection with the services provided under this
Agreement/Authorization, the Client shall be liable for all the fees and costs thereof, whether or not the Client is the
subpoenaing party. Should Client object to compliance with the subpoena, Client shall have the responsibility of seeking
any appropriate judicial or administrative relief and the person responding to the subpoena may ignore the objections
absent court order to the contrary.
12) All parties agree that any legal proceedings relating to a dispute or controversy arising over non-payment or payment
terms of this Agreement/Authorization will be filed in the court jurisdiction of Alameda County, California. FACL is
authorized to recover attorney's costs in the event FACL is forced to sue Client f'or non-payment.
Forensic Analytical Crime Lab.
By:
41)4C & on behalf of Kenton Woncl
(Signature)
Nichole Kennedy, Admin Coordinator
(Name and Title)
5/8/2024
(Date)
Please sign and Fax to : (510) 887-4451 / arf@facrimelab.com
FACL Case#: 0
FACL Agreement/Authorization for Professional Services
2 of 3 (rev. Oct 21, 2020)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
City:
William Johnson (J 19, 202409:43 CDT)
By:
Name: NAME OF ACM
Title: Assistant City Manager
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By. Dianna Giordano (May 24, 202414:43 CDT)
Name: NAME OF DEPT. DIRECTOR
Title: DIRECTOR
Approved as to Form and Legality:
.L.��m C'e�¢Jxa,v /3a eurrL
By:
Name: NAME OF ACA
Title: Assistant City Attorney
Contract Authorization:
M&C: M&C NUMBER
Form 1295: FORM 1295 NUMBER
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.
Z�1o1� 04/ea —1�1
By:
Name: NAME OF CONTRACT COMP. MGR
Title: TITLE OF CONTRACT COMP. MGR
City Secretary:
By:
Name:
Title: City Secretary
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adQ oTEXA5o4 0
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3 of 3
CSC No. 61915
Forensic Analytical Crime Lab
3777 Depot Road Suite 403
Hayward, CA 94545
Phone (510) 266-8100
Fax (510) 887-4451
Tax ID # 20-5804934
AGREEMENT/AUTHORIZATION FOR PROFESSIONAL SERVICES
Original X Supplemental
FACL PNC#: 20245156 FACL Case#: 20240124 Client Number: 22729
Case Name: Waller v. Hoeppner Agency Case #: No. 4:15-cv-0670-P
Client's Name: Forth Worth City Attorney's Office Forth Worth City Attorney's Office
Client Contact: Nikki McKenzie
Mailing Address:
200 Texas St
Fort Worth, TX 76102
Phone Number: 817-392-7600
Nikki McKenzie
Billing Address:
200 Texas St
Fort Worth, TX 76102
Fax Number:
El Amended
Forensic Analytical Crime Lab (FACL), a California Corporation, and the undersigned Client ("Client") hereby enter in
an agreement for services to be provided to Client on the terms and conditions stated herein. Any amendments or
supplements thereto, whether signed contemporaneously with this Agreement/Authorization, or after, are deemed
incorporated into and made a part of this Agreement/Authorization.
1) Client expressly authorizes Forensic Analytical Crime Lab to perform the following work:
Case Review/Consultation/Rebort/Court Preparation: 15hrs (_a, $325/hr: $4875
OA/QC Review: 2hrs (a, $325/hr: $650
Total: $5525
2) The authorized cost for this work is $5525 billed according to Forensic Analytical Crime Lab curren
Fee Schedule. Should the scope of the work change or increase, a supplemental agreement/authorization will be required.
3) X The authorized cost does not include costs associated with court testimony, travel or reimbursable expenses.
The authorized cost does include costs associated with court testimony, travel and/or reimbursable expenses.
4) Responsibility for payment of all costs are the responsibility of the Client / Client Agency and is not transferable or
assignable to the Client's own client in turn.
5) Payment Terms (check as applicable): (Make all checks payable to Forensic Analytical Crime Lab)
Court Order (Please name Forensic Analytical Crime Lab to perform services in court orders.)
X Authorization for payment is attached.
Existing Agency Agreement, Contract or Purchase Order in effect.
A retainer in the amount of $ is required of which the initial consultation and case administration
charge is non-refundable.
X The undersigned represents that funds are available for payment of the balance of fees to FACL and that the undersigned is
authorized to commit those funds for services as specified in Section 1.
1 of 2 (rev. Oct 21, 2020)
6) The provision and completion of services is contingent upon payment of costs by Client to FACL as and when due.
FACL reserves the right to refuse further work if payment is not made as and when due.
7) FACL reserves the right to increase hourly rates after the elapsed period of one year from the date of this agreement.
8) Payment is due within 30 days of final invoice for the work as specified in the Agreement/Authorization. Interest will
accrue at a rate of 1.5% per month on overdue or unpaid balances over 30 days from date of final invoice.
9) FACL will not enter into a work Agreement/Authorization with more than one Client in any case except by written
agreement between or among all Clients, and
10) In the event that more than one Client (as identified below) agrees to retain FACL to provide services hereunder, the
following applies:
a) Each Client has had the full and fair opportunity to consult with legal and/or other counsel of its choice in connection
with whether this Agreement should be entered into;
b) Each Client is aware that there is a possibility of conflict between and/or among them with respect to the matter for
which services are requested, and each expressly and knowledgeably waives any such conflict;
c) FACL shall undertake its services in a manner and with such work product as it determines in its sole professional
judgment is appropriate; and
d) Clients shall not issue conflicting instructions to FACL. FACL is free to disregard any conflicting instructions and
shall have no liability to Clients or any other person in connection with disregarding conflicting instructions.
e) Client(s) shall jointly and severally indemnify and hold harmless FACL, its directors, officers, employees and agents
from any claim, cost or loss of any kind or nature, including without limitation reasonable attorneys fees arising out of or
related to its performance of services under Section 9 and 10, including failure of any Client to comply with any and all
subparagraphs of Section 10.
11) In the event that FACL or any of its directors, officers, employees or agents is subpoenaed to produce documents
and/or testify in any court, deposition or other proceeding in connection with the services provided under this
Agreement/Authorization, the Client shall be liable for all the fees and costs thereof, whether or not the Client is the
subpoenaing party. Should Client object to compliance with the subpoena, Client shall have the responsibility of seeking
any appropriate judicial or administrative relief and the person responding to the subpoena may ignore the objections
absent court order to the contrary.
12) All parties agree that any legal proceedings relating to a dispute or controversy arising over non-payment or payment
terms of this Agreement/Authorization will be filed in the court jurisdiction of Alameda County, California. FACL is
authorized to recover attorney's costs in the event FACL is forced to sue Client for non-payment.
Forensic Analytical Crime Lab.
By: � fJ) Clie�n_t(s)�: �/ �/
/1�QZ%�n'. �/ ✓ LAB T
f no�tPl�i!�i��Aahfl!7Tnbfu�+t on behalf of Kenton Wong William Johnson (Ag27,202415:08CDT)
(Signature) (Signature)
Cinthya Nunez, Admin Associate Laetitia Coleman Brown, Deputy City Attorney
(Name and Title) (Name and Title)
,Z3242024 Aug 27, 2024
(Date) (Date)
Please sign and Fax to : (510) 887-4451 / arf@facrimelab.com
FACL Case#: 20240124
FACL Agreement/Authorization for Professional Services
2 of 2 (rev. Oct 21, 2020)
Signature: ?,,,P
Signature:5�
Email: Ronald.Gonzales@fortworthtexas.gov Email: allison.tidwell@fortworthtexas.gov