HomeMy WebLinkAboutContract 62777INTERLOCALAGREEMENT
BETWEEN THE CITY OF AUSTIN
AND THE CITY OF FORT WORTH
CSC No. 62777
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH, a home rnle municipality located in Tarrant County,
Texas, hereinafter called "CFW," and CITY OF AUSTIN a home rule municipality located in
Travis County, Texas, hereinafter called "COA," each individually referred to as a "party" and
collectively referred to as the "parties."
WHEREAS, the Texas Legislature authorized the execution of lnterlocal Cooperation
Agreements between and among governmental entities pursuant to the lnterlocal Cooperation Act,
Chapter 791 of the Texas Government Code, as amended;
WHEREAS, each party, in perfom1ing governmental functions or in making payments for
the perfonnance of governmental functions hereunder, must make such perfonnance or such
payments from current revenues legally available to that party;
WHEREAS, a timely review of DNA reports and associated evidence ("DNA Report")
for potential entry of DNA data into the Combined DNA Index System ("CODIS") is mutually
beneficial to each party in its pursuit of justice;
WHEREAS, COA has a National DNA Indexing System ("NDIS") part1c1pating
laboratory (the "laboratory") that has the capacity to perform at least fifty (50) additional review
of DNA Reports;
WHEREAS, the parties desire to enter into an Agreement for the laboratory to perform at
least fifty (50) review of DNA Reports from CFW in spirit of good will and partnership and mutual
interest in the pursuit of justice.
NOW, THEREFORE, in consideration of the above recitals and the premises and
agreements, covenants and promises herein set forth, it is agreed as follows:
1.DESCRlPTION OF WORK
In spirit of good will and partnership and mutual interest in the pursuit of justice and
for additional consideration hereinafter, COA will provide the following services
("Services"):
A. Accept at least fifty (50) forensic cases over the course of this Agreement;
B.Complete forensic technical review on DNA Reports submitted by CFW for each
forensic case in order to determine the existence of appropriate and sufficient basis
for conclusions for CO DIS entry;
C. Direct volume and freyuency ofcase submissions by a written notification to CFW;
D. Identify submission requirements;
E. Record Sexual Assault Kits (SAKs) submitted for DNA forensic technical review
within Track-Kit database within ninety (40) days of receipt.
F. Notify CFW upon completion of SAKs recording in Track-Kit.
G. COA will not outsource cases submitted to COA from CFW to a lab outside of
the C�A authorized and established fflrensic DNA service providers. COA may
utilize COA autharized external technical reviewer for verifications and technical
review5.
H. COA will follow all accreditation and licensing requirements set forth by Article
38, Code of Criminal Procedure and make available the relevant Standard
Operating Procedure, Quality Manual, and most recent external assessment
acereditation documentation for review.
CFW understands and wili comply with the following restrictions:
A. CFW will deliver DNA Reports to COA in the manner requested by COA.
B. CFW will coordinate the transfer of DNA Reports to COA based on a timeline set
by the COA.
2. VOLUME OF WORK
[t is understood and agreed upon that: (a) no �uarantees of volume of work are made by
this Agreement past fifty (50) cases; and (b) C4A is not designated as the exclusive contractar of
these services for CFW.
3. ADDITIONAL C�NSIDERATION
A. CFW will be responsible for shipping costs incurred for transfer of evidence to
C4A and back to CFW.
B. CFW will be responsible for the travel costs of any COA employees mandated to
testify in Court as a result of COA's review of DNA Reports arising out of this
Agreement.
C. CFW WILL, TO THE EXTENT AUTHORIZED UNDER THE
CONSTITUTION AND LAWS 4F THE STATE �F TEXAS, INDEMNIFY
AND HOLD C4A, ITS OFFICERS, AGENTS, AND EMPLOYEES
HARMLESS FROM ANY LIABILITY, L�SS, OR DAMAGE THEY MAY
SUFFER AS A RESULT OF CLAIMS, DEMANDS, C4STS, OR
JUDGMENTS AGAINST THEM ARiSING �UT 4F COA'S
PERFORMANCE OF THE SERVICES UNDER THIS AGREEMENT.
NOTHING SET FORTH IN THiS AGREEMENT WILL CREATE A DUTY
FOR CFW TO CREATE A SINKING FUND.
D. CFW will return the spirit of good wilE and partnership and cooperate in miitual
interest in the pursuit of justice to the extent possible.
4. TERM
This Agreement witl become effective on the date it has been signed by both parties
{"Effective Date") and will terminate after one (1) year, unless soaner terminated by written
agreement of both parties in accordance with the provisions of this Agreement.
5. INDEPENDENT CONTRACTOR
COA's status in the performance of the Services under this Agreement is that of an
independent contractor and not an agent, employee, or representative of CFW. COA and its
officers and employees will exercise independent judgment in performing duties and
responsibilities under khis Agreement, and COA is solely responsible for setting working
hours, scheduling or prioritizing the workf�ow and determining how the work is to be
performcd. No tcrm or provision of this Agrccmcnt or act of COA in thc perforznancc of this
Agreement will be construed as making COA or its officers or employees the agents or
emplayees of CFW, or making any of COA's employees eligible for the fringe benefits, such
as retirement, insurance and worker's compensation, which CFW provides its own
employees.
G. RESP4NSIBiLITY
COA will in no way nor under any circumstances be responsible for any property,
excluding any evidence submitted by CFW for analysis, belonging ta CFW, its officers,
members, agents, employees, subcantractors, program participants, licensees, or invitees,
which may be 1ost, stolen, destroyed, or in any way damaged.
TERMINATION
Either party may terminate ti�is Agreement in whole or in part for their convenience
upon thirty {30) days advance written notice to the other party.
8. N�TICES
Any notice, payment, statement, or demand required or permitted to be given
hcrcundcr by cithcr party will bc madc by personal dclivcry, mail, or postagc prcpaid. Mailcd
notices will be addressed to the parties at the addresses appearing below, but each party may
c�ange its address by written notice in accordance with this section. Mailed notices wiil be
deemed communicated upon receipt or three (3) days after the postmark date, whichever is
sooner.
If intended for CFW, to:
Neil Noakes
Chief of Poiice
Fort Worth Police Department
505 W. Felix St.
Fort Worth, Texas 7b 115
If intended for COA, ta:
Eddie Garcia
Assistant City Manager, Public Safety
City Manager's Office
30l W. 2nd, 3rd Floor
Austin, TX 7$701
9. REVIEW AND AUDIT
CFW may, for three (3) years after the termination of this Agreement, access and
examine any directly pertinent books, documents, papers, and records of the agreement
involving transactions relating to this Agreement upon reasonable notice anci permission from
COA. COA will make good faith efforts to coo�erate with any rec}uired audits.
l2. ON-SITE V[S[T
When required, CFW may conduct a yeariy on-site visit to C4A's laboratories in
which CFW's forensic examinations are processed upon reasonable notice and permission
from COA. COA will retain all documentation related ta 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.
l3. TRANSFER OF INTEREST
Neither party hereto wiil assign, sublet or transfer its interest herein without the prior
written consent af the other party, and any attempted assignment, sublease, or transfer of alZ
or any part hereof without such prior written consent will be null and void.
l4. DISCRIMINATION
Parties covenant that neither they nor any of their officers, members, agents,
employees, program participants, or subcontractars, while engaged in perfor�ning this
Agreement, will in connection with the employment, advancement, ar discharge of
employees, or in connection with the terms, conditions, or privileges of their employment,
discriminate against persons on any unlawful basis, nor will each party permit its agents,
employees, subcontractors, or program participants to engage in such discrimination.
l5. WAIVER OR RELINQUISHMENT
The failure of either parky to insist upon the performance of any term or provision of
chis Agreement or to exercise any right herein conferreci will not be construed as a waiver or
relinyuishment to any extent of either party's right to assert or rely upon any such term or
right on any future occasion.
16. APPLICABLE LAWS
Each party certif es that it has the authority to enter into this Agreement under the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code.
17. VENUE
The obligations of the parties to this Agreement wiil be performed in Tarrant County,
Texas, and if legal action is necessary in connection therewith, exclUsive venue wiil lie in
Tarrant County, Texas.
l8. GOVERNING LAW
This Agree�nent will be gavemed by and coristrued in accordance with the Laws and
court decisions of the State of Texas.
19. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement will for any
reasor� be held to be invalid, illegal, ar unenforceable in any respect, such invalidity, illegality,
or unenforceability wi11 not affect any other provision chereof and this Agreement will he
considered as if such invalid, itlegal, or unenfarceable pravision had never been contained in
this Agreement.
20. CAPTIONS
The captions to the various clauses of this Agreement are far informational purposes
only and will not alter the substance of the terms and conditions of this Agreement.
21. EXECUTIQN OF AGREEMENT
The applicable governing bodies of each party have approved the execution of this
Agreement, if required, and the persons signing the Agreement have been duly authorized by
the applicable governing bodies 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, superseding all oral or written previaus and contemporary agreements between the
parties reiating to matters contained in this Agreement. Except as otherwise provided herein,
this Agreement cannot be modified without written supplementa� agreement of the parties.
23. COMPLIANCE WITH LAWS
In providing the services required by this Agreement, each party will observe and
comply with all applicable federal, state, and local statutes, ordinances, rules, and regulations,
including without limitation, workers' campensation laws, minimum and maximum salary
and wage statutes and regulations, and non-discrimination laws and regulations. Each party
will be responsible for ensuring its compGance with any laws and regulations appticable to
its business, including maintaining any necessary licenses and permits.
EXECUTED this the �th day of February 2025.
�signature pages follow]
By: -"'7"l�""'.Jl:i�---:----------e arcta Assistant City Manager, Public SafetyCITY OF FORT WORTHBy: Wilham hn�on (J 7, 2025 13 07 csnWilliam Johnson Assistant City ManangerDate: Jan 7, 2025Recommended By:By: Neil N!l.i::ti:!62 CST) Neil Noakes Chief of PoliceApprond as to form and legality:By:�� Jerris Mapes Sr. Assistant City AttorneyCONTRACT COMPLIANCE MANAGER: City Secretary:---A .l.'5.:t,::O.A j By:---------------Jannette S. GoodallCity SecretaryBy signing I acknowledge that I am the person responsible for the monitoring and administrationof this contract, including ensuring all performance and reporting requirements.By:�&� Name: Loraine Coleman Title: Administrative Services Manager