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CONTRACT NO. ,JV
INTERLOCAL COOPERATION CONTRACT
FIRST AMENDMENT
STATE OF TEXAS
COUNTY OF TRAVIS
I. Purpose
This is an amendment to the Interlocal Cooperation Contract entered into by and between
the Texas Department of Public Safety ("RECEIVING AGENCY"), and Fort Worth
Police Department Forensic Science Laboratory ("PERFORMING AGENCY"), shown
below as contracting parties, pursuant to the authority granted by and in compliance with
the provisions of the INTERLOCAL COOPERATION ACT, Tex. Gov't Code Ann. §§
791,001 et seq. and Tex. Gov't Code Ann 411.006 and 411.144 et seq. The contract is
for the performance of duties to implement RECEIVING AGENCY'S No Suspect
Casework DNA Backlog Reduction Program. The original contract was executed by the
RECEIVING AGENCY on November 3, 2003.
II.Amendment
Paragraph X. (LIABILITY) is deleted in its entirety and replaced with the following:
Each party to this agreement shall be solely responsible for its own acts of
negligence. Where any injury or property damage results from the joint or
concurring negligence of the parties, liability, if any, shall be shared by each party
on the basis of comparative responsibility in accordance with the applicable laws
of the State of Texas, subject to all defenses, including governmental immunity.
These provisions are solely for the benefit of the parties hereto and not for the
benefit of any person or entity not a party to this agreement; nor shall any
provisions in this agreement be deemed a waiver of any defenses available by
law.
III. No Other Changes
There are no other amendments or changes to the Interlocal Cooperation Contract.
WHEREFORE, the undersigned parties do herby bind themselves by the signatures of
the parties' designated representatives to the faithful performance of this contract. This
contract is executed in multiple copies, each of which is considered a duplicate original.
PERFORMING AGENCY RECEIVING AGENCY
b!2�a 4 fb-/-f 1ANkh.-- Texas Department of Public Safety
By: By: X-1
e Thomas A. Davis, Jr.
Title: N/571D,-JT Gn'1 M !}6 Title: Director
Date: 11-3 /Ot/ Date:47, -foAOT
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/30/2004 - Ordinance No. 15938
DATE: Tuesday, March 30, 2004
LOG NAME: 35BACKLOG04 REFERENCE NO.: **C-20016
SUBJECT:
No Suspect Casework DNA Backlog Reduction Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into an Interlocal Cooperation Contract with the Texas
Department of Public Safety through August 31, to extend the first year of the No Suspect Casework DNA
Backlog Reduction program until April 30, 2004; and
2. Authorize the City Manager to enter into a second Interlocal Cooperation Contract with the Texas
Department of Public Safety through August 31, 2004, to operate the No Suspect Casework DNA Backlog
Reduction program on a contract basis in the amount of$397,000; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Fund by $397,000.
DISCUSSION:
The No Suspect Casework DNA Backlog Reduction Program is a federal grant grogram administered by
the National Institute of Justice (NIJ). NIJ provides funds to the Texas Department of Public Safety, which
has oversight of the state's combined DNA Index System (CODIS).
The State of Texas assembled a consortium of state and local forensic laboratories, which perform DNA
analysis of forensic casework, to submit one plan for addressing a backlog of no suspect criminal cases in
which biological evidence exists. The Fort Worth Police Department Crime Lab is a member of this
consortium, and has had an Interlocal Cooperation Contract with the Department of Public Safety, since
November 2002, to operate the No Suspect Casework DNA Backlog Reduction Program.
Execution of an extended contract will allow the city to continue the program through April 30, 2004.
Execution of a second contract, and subsequent amendment in the amount of $397,000 will allow for the
analysis of an additional 200 cases by August 31, 2004. $375,000 will be utilized to outsource DNA
testing. The remaining $22,000 will be used to screen rape cases.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon the approval and execution of the above recommendations, funds
will be available in the current operating budget, as appropriated of the Grants Fund.
Logname: 35BACKLOG04 Paae 1 of 2
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TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488275 035441925000 $397,000.00 GR76 5(VARIOUS) 035441925010 $397,000.00
Submitted for City Manager's Office by: Joe Paniagua (6191)
Originating Department Head: Ralph Mendoza (48386)
Additional Information Contact: Cristi Lemon (48066)
Logname: 35BACKLOG04 Paae 2 of 2