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HomeMy WebLinkAboutContract 30047 CITY SECRETARY CONTRACT NO. 2, LO INTERLOCAL COOPERATION CONTRACT STATE OF TEXAS COUNTY OF TRAVIS 1. CONTRACTING PARTIES THIS CONTRACT is entered into by and between the Texas Department of Public Safety ("RECEIVING AGENCY"), and the 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. (Vernon 1994 & Supp. 2001) and Tex. Gov't Code Ann § 411.006 and § 411.144 et seq. II. DEFINITIONS A. In-house: any portion of processing and/or DNA analysis of cases/samples that occurs within the applicant's State by a State or local agency. B. Outsourcing: any processing and/or DNA analysis that takes place by an accredited or certified State or local laboratory outside of the applicant's State as a contractual agreement between the applicant and the other public laboratory, or by a certified or accredited private vendor laboratory. C. DNA analysis: the generation of a DNA profile in accordance with the NDIS Standards for Acceptance of DNA Data using the 13 CODIS core STR loci — FGA, vWA, D3S1358, CSFIPO, TPDX, THOI, DI 8S51, D21S11, D8S1179, D7S820, D13S317, D5S818, and D16S539. III. PURPOSE The purpose of this Contract is to set out the terms and conditions under which the PERFORMING AGENCY will assist the RECEIVING AGENCY in administering the RECEIVING AGENCY'S No Suspect Casework DNA Backlog Reduction Program FY 2001. The No Suspect Casework Backlog Reduction Program is a grant program administered by the U. S. Department of Justice, National Institute of Justice. The grant program provides funds to the state government agency, having oversight of the State's CODIS DNA database, to pass through to state and local CODIS crime laboratories who requested participation in the consortium grant application. The grant program is explained in the NIJ solicitation of August 2001. IV. DURATION This Contract commences on the date that it is signed by both parties, and terminates on August 31, 2004. Services under this agreement extend from May 1, 2004, to the date of termination of this agreement. V. AGREEMENT NOW THEREFORE, PERFORMING AGENCY and RECEIVING AGENCY, in consideration of the mutual covenants and agreements herein contained do mutually agree as follows: A. PERFORMING AGENCY and RECEIVING AGENCY agree to abide by all federal and state laws and regulations. B. RECEIVING AGENCY agrees to: 1. reimburse PERFORMING AGENCY up to the amount specified in the original approved budget for this project, (Attachment A) for a total of $ 836,000 less any amount reimbursed under a previous interlocal contract with PERFORMING AGENCY under this same grant project. 2. notify PERFORMING AGENCY in writing if reimbursement under this Contract will be delayed as the result of circumstances beyond the control of RECEIVING AGENCY. 3. the extent it is reasonably practicable for the RECEIVING AGENCY and to the extent the RECEIVING AGENCY has available personnel, cooperate fully with PERFORMING AGENCY in any matter related to the purpose of this Contract. C. PERFORMING AGENCY agrees to: 1. identify No Suspect DNA cases that qualify for forensic testing under the National Institute of Justice solicitation for No Suspect Casework DNA Backlog Reduction Program (FY 2001). 2. screen the samples in these cases for biological evidence. 3. perform either in-house, or by outsourcing, the DNA analysis of the samples from 400 cases. All analysis is to be according to established procedures following the Quality Assurance Standards for Forensic DNA Testing Laboratories set by the Director of the Federal Bureau of Investigation (FBI). 4. upload DNA profiles from these case samples into the CODIS database at the SDIS (state) level. 5. when notified of a CODIS hit at either the state or national level, contact the submitting law enforcement agency with the hit information. 6. provide on a monthly basis a report to RECEIVING AGENCY on project activity using Attachment B. 7. submit to RECEIVING AGENCY for reimbursement, b the 15th da of each month, copies of all invoices paid. �� 8. provide to RECEIVING AGENCY either A SCLD-LAB accreditation or NFSTC certification documents from any private vendor laboratory with which PERFORMING AGENCY contracts for outsource DNA analysis. 9. cooperate fully with RECEIVING AGENCY in any matter related to the purpose of this Contract. VI. PAYMENT A. RECEIVING AGENCY shall pay for actual allowable expenses not to exceed amounts identified in Attachment A. and submitted on reimbursement request form Attachment C. B. PERFORMING AGENCY shall bill for the previous thirty (30) days expenses not to exceed the actual amount of invoices that must be attached to reimbursement request. C. RECEIVING AGENCY shall make good faith effort to process all reimbursement requests received by the fifteenth of each month within ten (10) working days from date of receipt. D. All reimbursement requests should be submitted to: Texas;Department of Public Safety Pat Johnson Manager, Field Crime Laboratories P.O. Box 4143 Austin, Texas 78765-4143 E. RECEIVING AGENCY shall accept requests from PERFORMING AGENCY for reimbursements incurred by the PERFORMING AGENCY between May 1, 2004 and August 30, 2004. RECEIVING AGENCY shall not be liable for any reimbursements that are submitted by PERFORMING AGENCY if NIJ discontinues funding for the program or disallows reimbursements for any reason. VII. TERMINATION This contract may be terminated by any of the following conditions: 1. By mutual agreement and assent of both Contracting Parties if in writing and signed by both Contracting Parties. 2. By either party upon service of written notice of termination upon the other party no later then thirty(30) days prior to the date of termination. ;TL '. 3. By expiration of this Contract under its own terms. VIII. AMENDMENTS Unless otherwise specified, this Contract may be amended only by written instrument executed by both Contracting Parties. IX. ASSURANCES PERFORMING AGENCY agrees to comply with all standard assurances and special conditions as identified in Attachment D of this contract. X. LIABILITY Each party to this agreement shall be responsible for its own acts of negligence. Where any injury or property damage result 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. 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. City of Fort Worth Texas Department of Public Safety By: 4 By: r ame Thomas A. Davis, Jr. Title: A (0'' AC,JAW -- Title: Director Date: J Date:_g elT ORV AND rhr �2 j �ci ��c71i y 2 I"," , 'r N By: Title: Date: Couttect Authorization Date 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 program 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 Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers GR76 488275 035441925000 $397,000.00 GR76 50 ARIOUSL035441925010 $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 Page 2 of 2