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DalCo ForensicLabServices 2013-03-05

DalCo ForensicLabServices 2013-03-05

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Published by BrandonFormby
New rates for forensic lab work that Dallas County contracts with Tarrant County to perform.
New rates for forensic lab work that Dallas County contracts with Tarrant County to perform.

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Published by: BrandonFormby on Mar 04, 2013
Copyright:Attribution Non-commercial

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09/19/2013

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COURT ORDERORDER
NO:
____
DATE:
March 5, 2013
STATE
OF
TEXAS
COUNTY
OF
DALLAS
BE
IT
REMEMBERED,
at
a regular meeting
of
Commissioners Court of Dallas County, Texas, held on the5
th
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; and
WHEREAS,
the
interlocal agreement
is
needed
to
reduce the extensive non-jail forensic evidence backlog ofapproximately 3,200 cases dating back
to
October of 2011; and
WHEREAS,
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
OPENCOURT
this the 5
th
day
of
March, 2013.
---_
..
_-_
.
_-----_._._--
Clay Lewis Jenkins, County Judge Dr. Theresa M. Daniel, District #1Mike Cantrell, District #2John Wiley Price, District #3
Dr.
Elba Garcia, District #4Recommended by:Ryan Brown, Budget Officer
 
STATE
OF
TEXASCOUNTY OF DALLAS
§§
§
INTERLOCAL AGREEMENTFORFORENSIC LABORATORY SERVICESTHIS 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 analysis
of
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
for
the Services. Tarrant County will analyze and return
all
evidence
to
Dallas County within 8 weeks
of
delivery
to
Tarrant County.
2.
PAYMENT FOR SERVICES
Tarrant County will invoice Dallas County monthly for periodic work
as
defined
in
the Tarrant County
fee
schedule
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
an
agent, 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.
6.
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
 
7.
NOTICES
Any notice, payment, statement, or demand required or permitted to be given hereunder by either party
to
the other may be effected by personal delivery in writing
or
by mail, postage prepaid. Mailed notices must beaddressed to the parties at the addresses appearing below, but each party may change its address by writtennotice in accordance with this section. Mailed notices shall be deemed communicated as
of
three days aftermailing.
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 Evaluation
411
Elm
Street, Suite 300Dallas, Texas 75202
8.
RIGHT OF REVIEW AND AUDIT
Dallas
COW1ty
may review any
of
the Services performed by Tarrant County. Dallas County
is
herebygranted the right to audit, at its election, all
of
Tarrant County's records and billings relating
to
the perfonnance
of
this Contract. Tarrant County agrees to retain such records for a minimum
of
3
years following completion
of
this 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
of
the 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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