DalCo ForensicLabServices 2013-03-05

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    COURT ORDERORDER NO:____DATE: March 5, 2013STATE OF TEXASCOUNTY OF DALLASBE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the5th day of March, 2013, on a motion made by ___________________ and secondedby_________________________ , the following Court Order was adopted:WHEREAS, the Dallas County Commissioners Court was briefed on February 19, 2013 regarding an interlocalagreement with Tarrant County for forensic laboratory services; andWHEREAS, the interlocal agreement is needed to reduce the extensive non-jail forensic evidence backlog of

    approximately 3,200 cases dating back to October of 2011; andWHEREAS, the attached fee schedule is effective from October 1, 2012 through September 30, 2014.IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that the Dallas County CommissionersCourt hereby approves the attached contract and authorizes the County Judge to sign the contract on behalf ofthe County.DONE IN OPEN COURT this the 5th day of March, 2013.

    ---_ .._-_ ._-----_._._--Clay Lewis Jenkins, County Judge Dr. Theresa M. Daniel, District #1 Mike Cantrell, District #2

    John Wiley Price, District #3 Dr. Elba Garcia, District #4

    Recommended by:Ryan Brown, Budget Officer

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    STATE OF TEXASCOUNTY OF DALLAS

    INTERLOCAL AGREEMENTFORFORENSIC LABORATORY SERVICES

    THIS CONTRACT is between Dallas County, acting by its Commissioners Court and Tarrant County,acting by its Commissioners Court on behalf of the Tarrant County Medical Examiner's Office.I. DESCRIPTION OF WORK

    For the consideration paid by Dallas County to Tarrant County, Tarrant County will provide qualitativeevidence analysis. Additionally, on request of Dallas County, Tarrant County will perform quantitative analysisof evidence. Collectively, these services are called "Services" in this Contract. Tarrant County will perform theServices in a competent and professional malmer, and in conformity with applicable professional standards forthe Services. Tarrant County will analyze and return all evidence to Dallas County within 8 weeks of delivery toTarrant County.2. PAYMENT FOR SERVICES

    Tarrant County will invoice Dallas County monthly for periodic work as defined in the Tarrant County feeschedule for Services, ("Exhibit A"). Dallas County will pay Tarrant County within 30 days of invoice receipt.With each invoice Tarrant County will provide backup information that may be reasonably required by DallasCounty. Tarrant County will provide at least 30 days advance written notice of any changes in Exhibit A.Should it become necessary for a Tarrant County employee to travel to Dallas County to testify, Dallas Countywill pay the rate of $4951hr for in court testimony and $85/hr for travel/wait time to provide in court testimony.No additional expenses will be paid by Dallas County.3. TERM

    The term of this Contract commences on January _ ,2013 and terminates on December __ 2013, withthe option of a I year extension.4. INDEPENDENT CONTRACTOR

    Tarrant County's status in the performance of the Contract is that of an independent contractor and not anagent, employee, or representative of Dallas County.5. RESPONSIBILITY

    Dallas County and Tarrant County each agree to be responsible for their own negligent acts, errors oromissions in the performance of this Contract, without waiving any governmental immunity or any other defensesavailable to either Dallas County or Tarrant County under Texas law. The provisions of this Contract are solelyfor the benefit of the Dallas County and Tarrant County are not intended to create or grant any rights,contractual or otherwise, to any other person or entity.. TERMINATION

    Any party may terminate this Contract in whole or in part for their convenience upon 30 days advancewritten notice to the other party. Dallas County will compensate Tarrant County in accordance with the Contractfor all Services performed prior to receipt of notice.Effective 10/12

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    7. NOTICESAny notice, payment, statement, or demand required or permitted to be given hereunder by either party to

    or by mail, postage prepaid. Mailed notices must beddressed 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 as of three days after

    If intended for Tarrant County, to:G. K. MaeniusCounty Administrator100 E. WeatherfordFort Worth, Texas

    If intended for Dallas County, to:Ryan BrownAdministration BuildingOffice of Budget Evaluation411 Elm Street, Suite 300Dallas, Texas 75202

    8. RIGHT OF REVIEW AND AUDITDallas COW1ty may review any of the Services performed by Tarrant County. Dallas County is hereby

    granted the right to audit, at its election, all of Tarrant County's records and billings relating to the perfonnance ofthis Contract. Tarrant County agrees to retain such records for a minimum of 3 years following completion ofthis Contract, and allow reasonable access to said records.9. APPLICABLE LAWS

    This Contract is entered into subject to all applicable Texas and federal Laws.10. VENUE

    If Dallas County wishes to sue Tarrant County, exclusive venue lies in Tarrant County, Texas. If TarrantCounty wishes to sue Dallas County, exclusive venue lies in Dallas County, Texas.II . GOVERNING LAW

    This Contract shall be governed by and construed in accordance with the laws and court decisions ofthe State of Texas.12. LEGAL CONSTRUCTION

    In case anyone or more of the proVIsIOns contained in this Contract shall for any reason be heldinvalid, illegal, or unenforceable in any respect, this invalidity, illegality, or unenforceability will not affect anyother provision and this Contract will be considered as if this invalid, illegal, or unenforceable provision had never

    Effective 10/12

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    3. COUNTERPARTSThis Contract may be executed in any number of counterparts, each of which may be deemed an original

    4. CAPTIONSThe captions to the various clauses of this Contract are for informational purposes only and do not alter the

    of this Contract.15. ENTIRE CONTRACT

    This Contract embodies the complete understanding of the parties, superseding all oral or written previousto matters contained in this Contract.

    _______ day of_____________ , 2013.OF DALLAS:

    Clay JenkinsCounty Judge

    Denika CaruthersAssistant District Attorney

    TARRANT COUNTY:

    B. G en WhitleyCounty Judge

    APPROVED AS TO FORM:

    By:Assistant Criminal District Attorney, TarrantCounty Criminal District Attorney's Office

    on behalf of its clients. It may not adviseapprove a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legalof our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on

    Effective 10/12

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    Exhibit A

    Effective 10/12

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    Tarrant County Medical Examiner's Office Laboratory ServicesEffective 10/01/2012 through 09/30/2014I " ' ' ' COl" County Medical Exan ""0;' '" Office Fee "'''' II I .

    Item Description FY11FY12 FY13FV14 Comments10000 lo f I , Single bone $195 $215Hi \ of $1.950 ' 2 ~ I I of : , Pariial $990 ;1,0,per day $1,500 ,1.65011025 Inspection wHh body Xrays $750 ~ ' o w " " '" "11050 T, I $950 $1,04511060 Natural Death Pariial Autopsy, Head $700 Discontinued11070 Natural Death Partial Autopsy, Body $900 Discontinued11 ' Natural Death :.250 ,375Natural Death ,1,5 1,650

    Natural Death 1,4 ,570/W Ith :,000, and I .2,0 ;2,250

    11300 "" _" 'wtth I T, , and $2,175 $2,40011325 Natural Death, I (TDCJ) $1,500 $1,65011330 i T, I death $1.225 $1,345

    11340 Partial Autopsy w ~ h Toxicology, unnatural death $1,430 Discontinued11350 I death $1,500 $1,65011360 Unnatural Death Partial Autopsy, Head $950 Discontinued11370 Unnatural Death Partial Autopsy, Body $1,150 Discontinued11400 ,,'ro",vwith " n n ~ t " r ~ 1 death $1.750 $1,92511450 ,p 'with I death $2,000 $2,25011500 -, '" I 'andT 0 ' $2,250 $2,500I death11550 ' """, I , , .; and $2,425 $2,700( I death

    I I death 000 $3,300Basic i : Screen 17: $195Blood : Screen tor InbOrn Errors 17 mI I In ,per case mi $661 ;ultu" , per 191 l ~ ? M : : ! : ~ r ,90 3991 from photo ,11, 12012100 ", on scene "" i $165 $185

    12200 I Fluid j" o of sexual assautt kit items, per $66 $75' item12250 i I Fluia d of ~ " , . , ~ I . ;v."oo items, per $90 $100item12400 DNA Extraction & Quantitation, per sample $200 $22012500 DNA Analysis, STR, per sample $250 $275

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    Tarrant County Medical Examiner's Office Laboratory ServicesEffective 10/01f2012 through 09/30/201412550 DNA Analysis, Y STR, per sample $250 $27512600 Biological Evidence Collection, per item $20 $2513000 , sinale sample iS3 ~ 9 0 13050 ,each i i513100 r or Crystal, sinoie samole13150 r or I sample13200 Powder or Crystal, Quantitative, each sample $55 I" , iow .. ""cu13250 i of Svrinoe . sinole item $9013300 i of Syringe I item $6013400 Visualldenlificalion of Drug, lablet or capsule $25 $3013500 Tablet, single sample Not $90 New ItemI13550 Tablet, additional sample Not $60 New Itemi I13600 Tablet, bulk analysis, single exhibit (>5 tablets) Not $300 New Item

    Current frends Annual $175Cr me Scene, $72515100 Supp 'fee: Sexual A s s a u ~ Kit ,15 $1716100 Dental I & Full W ,300 i33016200 I for Ie >450 ;

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    220002205022' 022' 022: 022250223502241

    1- 23023100232002325023300241(241~ 4 2 ( 14250~ 4 3 0 0 ~ 4 3 5 0 '44002445024500

    2455024600246502470024750248002485024900

    Tarrant County Medical Examiner's Office Laboratory ServicesEffective 10/01/2012 through 09/30/2014. I PermH_ $20 $22

    I "enmee Copy of I n q U e S ~ Report for" ,.u, Q " O ~ & ,._v,vo $85 $95, of Proof of Death FO $75

    ,o f 110 $120Copy 01 X-ray, single digital ~ 5 5 $60Copy of Fluoroscopy on VHSfCase $125 Discontinued

    Fee (Specimens, Property and Histology Slides) $125 $140, Fee $1 $1

    Court I , per hour (T $450 $495Travel W a ~ f o r . per hour by Gas . eachComprehensive single sample : Sample ~ " Q ' y o , o , $300 $330, ~ " . , ~ V Q " " , g " . ~ : Sample .",g"oi . $425 $470I

    C Testing Fee $140 $155i I Heavy Metal $495 $545Screen, of ,Irom Known, for' $90 ;100lo f ; to ,125 ;140Arson ,210 ;230

    I ,of ' , Hairs ,100 ;110lo f -lairs to Known ,130 ;14. I and I of Fibers ;14

    . I of Lamps ~ n t s ;11Fracture Match , per item $55 $6C

    I of Trace I, per' em $100 $1'0Recovery of Trace Material, per body (processing body) $350 $385

    i ,& . i . I of Debris $225 $250Gunshot Residue Analysis, per stub by SEM $150 $200

    Gunpowder Identification $210 $235Identification and Comparison of Glass $150 $165Identification and Comparison of Paints $150 $165Identification and Comparison ofTape $150 $165

    Impression Evidence Evaluation and Comparison $150 $165

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