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HomeMy WebLinkAbout064467 - General - Contract - Tarrant County Medical ExaminerCSC No. 64467 STATE OF TEXAS § COUNTY OF TARRANT § INTERLOCAL AGREEMENT BETWEEN TARRANT COUNTY, TEXAS AND THE CITY OF FORT WORTH THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH, a home rule municipality located in Tarrant County, Texas, hereinafter called "City," and TARRANT COUNTY, a political subdivision of the State of Texas, acting on behalf of the TARRANT COUNTY MEDICAL EXAMINER'S OFFICE, hereinafter called "County," each individually referred to as a "parry" and collectively referred to as the "parties." WHEREAS, the Texas Legislature authorized the execution of Interlocal Cooperation Agreements between and among governmental entities pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended; and WHEREAS, each governing body, in performing governmental functions or in making payments for the performance of governmental functions hereunder, shall make such performance or such payments from current revenues legally available to that party; and WHEREAS, County provides the services and City utilizes the services of the Tarrant County Medical Examiner's Office and Forensic Laboratories, a County Division; and WHEREAS, the Parties to this Agreement desire to enter into an agreement concerning services provided to City by the Tarrant County Medical Examiner's Office Forensic Laboratories. NOW, THEREFORE, in consideration of the above recitals and the premises and agreements, covenants and promises herein set forth, it is agreed as follows: DESCRIPTION OF WORK For the consideration hereinafter agreed to be paid to County by City, County shall provide the following services ("Services"): A. Accept forensic evidence for requested accredited forensic laboratory services over the course of this Agreement; however, the County shall reserve the right to refuse acceptance of any case with written justification. B. Complete forensic analysis for each forensic case submitted by City for a fee in accordance with the published County fee schedule. C. Direct volume and frequency of case submissions by a written notification to City. OFFICIAL RECORD CITY SECRETARY Interlocal Agreement Tarrant County — City of Fort Worth Page I of 9 FT. WORTH, TX D. Identify submission requirements. E. Record Sexual Assault Kits (SAKs) submitted for DNA analysis within Track -Kit database and Combined DNA Index System (CODIS) for eligible cases within ninety (90) days of receipt. F. Notify City upon completion of SAKs recording for the City to arrange for evidence return. G. Make completed analysis reports available to the requesting City representative. In providing Services, County shall comply with the following obligations: H. County will not outsource cases submitted to County from City to a lab outside of the County Laboratory for forensic analysis. County may utilize County authorized external technical reviewer for verifications and technical reviews. I. County 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 accreditation documentation for review. City understands and will comply with the following restrictions: J. City will deliver evidence to County by a representative of the City or by a trackable courier for overnight delivery. K. City will coordinate the transfer of forensic evidence to the County based on a timeline set by the County. L. City will be responsible for shipping costs incurred for transfer of evidence to the County and back to City. 2. VOLUME OF WORK It is understood and agreed upon that: (a) no guarantees of volume of work are made by this Agreement; and (b) County is not designated as the exclusive contractor of these services for City. However, the County shall make a good faith effort to accept service requests weekly, as needed, with a maximum limit of five (5) SAKs and ten (10) Legal Alcohol and Drug Screen without submission preauthorization. Additional volume of services for DNA, unrelated to SAKs, Drug Chemistry, and Firearm -related services will be approved by the County prior to submission on an individual basis. The County may decline acceptance of any service requests with written notification. Interlocal Agreement Tarrant County — City of Fort Worth Page 2 of 9 3. PAYMENT FOR SERVICES Upon completion of the work by County, City will pay County in accordance with the approved agreed upon fee schedule for the Services. Testing fees will be billed separately from any other fees. City will be responsible for paying for testing, and related fees in connection with services provided by County pursuant to the provisions of this Agreement. In the event a forensic service is performed by the County, City will be responsible for testing fees for completed services rendered. The agreed upon fee schedule for services performed between October 1, 2025, and September 30, 2026, is attached and incorporated within as Exhibit A. In the event County changes the fee schedule, written notice will be sent to City within thirty (30) days of the change. A copy of the fee schedule following any amendment, change, or update shall be posted within thirty (30) days at https://www.tarrantcopRty.com/mefees. The version of the fee schedule at this website shall be considered the fee schedule in effect at the time services are rendered by County. 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, notwithstanding anything contained here, total payments by City to the County during the term of this Agreement shall not exceed Three Hundred Fifty Thousand Dollars and 00/100 ($350,000.00), to cover all services including DNA, Firearms, Toxicology, Drug Chemistry, and records requests. 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. 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. All payments from the City to the County under this Agreement shall be from current revenues legally available to the City. 4. TERM This Agreement shall be effective beginning October 1, 2025 and shall terminate on September 30, 2026, unless sooner terminated in accordance with the provisions of this Agreement. City shall have three (3) one (1) year options to renew this Agreement by the written agreement by both City and County. City and County may add additional renewal options at any time by written agreement. 5. BREACH OF AGREEMENT In the event either party fails to comply with, or breaches, 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 non -breaching party becomes aware of the failure to comply or breach of agreement. In the event that the breaching parry fails to cure or correct such breaches within a reasonable time not to exceed fifteen (15) days following the receipt of notice, the non -breaching party shall have the right to immediately terminate this Agreement. All due payments for work completed prior to the termination of this Agreement will be paid within thirty (30) days following the termination. 6. INDEPENDENT CONTRACTOR Interlocal Agreement Tarrant County — City of Fort Worth Page 3 of 9 County'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 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 workflow and determining how the work is to be performed. No term or provision of this Agreement or act of County in the performance of this Agreement shall be construed as making County or its officers or employees the agents or employees of City, or making any of County's employees eligible for the fringe benefits, such as retirement, insurance and worker'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, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. County shall in no way nor under any circumstances be responsible for any property, excluding any evidence submitted by City for analysis, belonging to City, its officers, members, agents, employees, subcontractors, program participants, licensees, or invitees, which may be lost, stolen, destroyed, or in any way damaged. County will provide certification confirming self -insured status of the Tarrant County Medical Examiner's Office. Each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. 8. CONFLICT OF INTEREST County warrants to the City that it has made full disclosure in writing of any existing or potential conflict(s) of interest related to the services to be performed hereunder, if any. County further warrants that it will make prompt disclosure in writing of any conflict(s) of interest that develop subsequent to the signing of this Agreement. Furthermore, City warrants to the County that it has made full disclosure in writing of any existing or potential conflict(s) of interest related to the services to he performed hereunder, if any. City further warrants that it will make prompt disclosure in writing of any conflict(s) of interest that develop subsequent to the signing of this Agreement, if any. 9. TERMINATION In the event of a non -appropriation of funding by City, 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 any performance under this Agreement shall cease upon the date specified in such notice and all work started by County prior to termination of agreement will be completed and will be paid for within thirty (30) days of invoice receipt. Interlocal Agreement Tarrant County — City of Fort Worth Page 4 of 9 Either parry may terminate this Agreement in whole or in part for their convenience upon thirty (30) days advance written notice to the other party. City will compensate County in accordance with the terms of this Agreement for all Services performed 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 shall be made by personal delivery, 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 communicated upon receipt or three (3) days after the postmark date, whichever is sooner. If intended for City, to: Eddie Garcia Chief of Police Fort Worth Police Department 505 W. Felix St. Fort Worth, Texas 76115 If intended for County, to: Kendall Crowns, M.D. Chief Medical Examiner Tarrant County Medical Examiner's Office 200 Feliks Gwozdz Place Fort Worth, Texas 76104 11. RIGHT OF REVIEW AND AUDIT City shall, for three (3) years after the final payment made under this Agreement, have the right to access and examine any directly pertinent books, documents, papers, and records of the agreement involving transactions relating to this Agreement. City shall have access during County hours of operation 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 shall include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, for three (3) years after making the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions Interlocal Agreement Tarrant County — City of Fort Worth Page 5 of 9 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. 12. RIGHT OF ON -SITE VISIT The City shall have the right to conduct a yearly on -site visit to 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 OF INTEREST Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other parry, and any attempted assignment, sublease, or transfer of all or any part hereof without such prior written consent shall be null and void. 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 employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges 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 RELINQUISHMENT 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 City certifies that it has the authority to enter into this Agreement under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. County certifies that it has authority to perform the services contracted for by authority granted in Chapter 262, Texas Local Government Code. 17. VENUE The obligations of the parties to this Agreement will be performed in Tarrant County, Interlocal Agreement Tarrant County — City of Fort Worth Page 6 of 9 Texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Tarrant County, Texas. 18. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 19. Severability 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 he considered as if such invalid, illegal, or unenforceable provision had never 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 applicable governing bodies of City or County 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. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this agreement, and all of which, when taken together, shall be deemed to constitute one and the same agreement. The exchange of copies of this agreement and of signature pages by electronic transmission shall constitute effective execution and delivery of this agreement as to the parties and may be used in lieu of the original agreement for all purposes. Signatures of the parties transmitted or executed electronically shall be deemed to be their original signatures for any purpose whatsoever. 22. ENTIRE AGREEMENT This Agreement embodies the complete understanding and agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters contained in this Agreement, including, but not limited to, the interlocal agreements between City and County for substantially similar services executed in April 2013 designated by City as Contract No. 44614 and December 2024 designated by City as Contract No. 62406. Except as otherwise provided herein, this Agreement cannot be modified without written supplemental agreement of the parties. 23. COMPLIANCE WITH LAWS Interlocal Agreement Tarrant County — City of Fort Worth Page 7 of 9 In providing the services required by this Agreement, County and City shall 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. County and City shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. EXECUTED this the TARRANT COUNTY, TEXAS By: Tim O'Hare County Judge APPROVED AS TO FORM: Criminal District Attorney's Office* day of [signature pages follow] 20 *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. THE CITY OF FORT WORTH By: William Johnson Assistant City Manager Date: 12/15/2025 Recommended By: DavW CambajarMec 15, 202513:48:54 CST) David Carabajal Executive Assistant Chief Interlocal Agreement Tarrant County — City of Fort Worth Page 8 of 9 Approved as to form and legality: Jerris Mapes Senior Assistant City Attorney 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. kathl- ii dgee Kathryn Agee (Dec 12, 202 6:12:47 CST) By: Name Title: Kathryn Agee Senior Management Analyst City Secretary By: Name: Jannette Goodall Title: City Secretary Contract Authorization: M&C: 25-1109 Date Approved: 12/9/2025 Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Interlocal Agreement Tarrant County — City of Fort Worth Page 9 of 9 EXHIBIT A MEDICAL EXAMINER'S OFFICE AND FORENSIC LABORATORIES Tarrant County Medical Examiner's Office Forensic Laboratory Services Fees Effective 10/01/2025 - 09/30/2026 Code Service Description Unit Fee Biology and DNA 5723 Biological Fluid Screening of cutting/swabs case $ 100 5724 Biological Fluid Screening of physical evidence case $ 130 5725 Y Screening case $ 100 5727 DNA Extraction & Quantification case $ 275 5728 DNA STR Analysis case $ 350 5729 DNA YSTR Analysis case $ 350 5730 Biological Evidence Collection case $ 35 5730 Comparison of profiles only case $ 698 5908 Vendor review for CODIS upload case $ 100 NEW Biology/DNA Rush Fee - 30 day turn around time (TAT), up to 10 samples, prior approval required case $ 1,000 Drug Chemistry 5731 Seized Drug Analysis, single exhibit sample $ 150 5732 Seized Drug Analysis, additional exhibit(s) sample $ 100 5737 Visual Identification of tablet or capsule, single exhibit sample $ 50 5740 Drug Chemistry Bulk Analysis (5 or more subexhibits from single exhibit) sample $ 385 5741 Drug Chemistry Weight Determination Only sample $ 50 Evidence 5742 Shipping Evidence or Property Fee case $ 180 5743 Specimen Storage Fee per year case $ 100 New Court Ordered Retest Fee case $ 100 Firearms & Toolmarks 5744 Evaluation of Ammunition body $ 80 5745 Examination and Evaluation of a Firearm sample $ 200 5746 Ammunition Comparison, firearm and first comparison sample $ 230 5747 Ammunition Comparison, additional comparison sample $ 70 5748 IToolmark Comparison (e.g. per chain link) day $ 220 5749 Range Determination, Rifled Barrels each $ 500 5750 Range Determination, Smoothbore each $ 365 5751 Serial Number Restoration each $ 300 5752 Gunpowder Evaluation Only each $ 140 5753 Fracture Match Comparison each $ 80 NEW Firearm/Toolmarks Rush Fee - 30 day TAT, up to 25 samples, prior approval required case $ 1,000 SERVING TARRANT, DENTON, JOHNSON, AND PARKER COUNTIES Accredited by National Association of Medical Examiners 200 Feliks Gwozdz Place • Fort Worth, Texas 76104 817.920.5700 phone • 817.920.5713 fax MEDICAL EXAMINER'S OFFICE AND FORENSIC LABORATORIES Tarrant County Medical Examiner's Office Forensic Laboratory Services Fees Effective 10/01 /2025 - 09/30/2026 Miscellaneous 5759 Notarized Affidavit hour $ 15 5760 Subpoena Witness Fee hour $ 11 Toxicology 5764 Legal Alcohol (2 analyses) with affidavit each $ 165 5765 Legal Alcohol and Drug Screen (ABN and ELISA) with affidavit each $ 450 5766 Legal Toxicology Comprehensive Quantitative Analyses, multiple specimens each $ 650 5767 Drug Facilitated Crime Toxicology Analyses (Alcohol, ABN, ELISA, GHB, and Rohypnol) each $ 650 5768 Miscellaneous Toxicology Testing (Carbon Monoxide, Volatiles, GHB or other) each $ 110 SERVING TARRANT, DENTON, JOHNSON, AND PARKER COUNTIES Accredited by National Association of Medical Examiners 200 Feliks Gwozdz Place • Fort Worth, Texas 76104 817.920.5700 phone • 817.920.5713 fax M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C DATE: 12/9/2025 REFERENCE **M&C 25- NO.: 1109 CODE: C TYPE: CONSENT Official site of the City of Fort Worth, Texas FORT WoRm "14�- 35TARRANT COUNTY LOG NAME: MEDICAL EXAMINER FORENSIC SERVICES PUBLIC NO HEARING: SUBJECT: (ALL) Authorize a One Year Agreement with Tarrant County for Professional Forensic Laboratory Services in the Amount of $350,000.00 Annually with Four Additional Renewal Options for the Police Department RECOMMENDATION: It is recommended that the City Council authorize the execution of an agreement with Tarrant County for professional forensic laboratory services in the amount of $350,000.00 annually for one year with four additional renewal options for the Police Department. DISCUSSION: Since 2003, the Fort Worth Police Department's Crime Laboratory (Crime Lab) has utilized the Tarrant County Medical Examiner's Office to conduct professional forensic analysis to aid in efficiently managing the Crime Lab's caseload. This Mayor and Council Communication is to request authorization to execute an agreement with Tarrant County, acting on behalf of the Tarrant County Medical Examiner's Office, in the amount of $350,000.00 annually for an initial term of one year and four (4) additional renewal options. Tarrant County Medical Examiner (TCME) will provide toxicological analysis and other forensic laboratory services for the Crime Lab as requested to help reduce any backlog of Sexual Assault Kit analysis and other forensic case analysis. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council approval, the agreement shall begin upon execution by the Assistant City Manager and expire October 31, 2026. RENEWAL OPTIONS: The Agreement may be renewed for up to four (4) one-year renewal terms, at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget and grant budget, as previously appropriated, in the General Fund and the Grants Operating State Fund for the FY2026 State SAK-ET Program to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project I Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33971&councildate=12/9/2O25 12/10/2025 M&C Review Page 2 of 2 Fund ' Department Account Project Program Activity Budget Reference # Amount ID ID I Year (Chartfield 2) Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS William Johnson (5806) Eddie Garcia (4212) Robert A Alldredge (4131) FID Table Tarrant County Medical Examiner.xlsx (CFW Internal) Funds Availabilty.xlsx (CFW Internal) SAM.GOV Tarrant County.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33971&councildate=12/9/2O25 12/10/2025 FORT WORTM, City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tarrant County Medical Examiner Subject of the Agreement Professional forensic laboratory services M&C Approved by the Council? * Yes 8 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: October 1, 2025 If different from the approval date. Expiration Date: September 30, 2026 If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.