2010 0701.

ORDER NO: - - - - - DATE: April 20, 2010

COURT ORDER

STATE OF TEXAS COUNTY OF DALLAS

BE IT REMEMBERED, at a regular meeting of Commissioners Court of Dallas County, Texas, held on the
_ _ _ _ _ _ _ _ _ _ 20th _ _ _ day __ on a motion made _ _~
~~

_ _, 2010,

Maurine
WHEREAS,
the Purchasing Department briefed Commissioners Court on April 13, 2010 regarding a Interlocal Agreement with the University of North Texas Health Science Center at Fort Worth; and Texas Government Code, Chapter 791.025 permits interlocal agreements between local governments for the purchase of goods and services to satisfy competitive bidding requirements; and the term of this contract is for a one year period and will automatically renew for five additional one year terms (effective October 1,2010 through September 30,2015; and this agreement supports Vision 1 of Dallas County's Strategic Plan

WHEREAS,

WHEREAS,

WHEREAS,

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby approve the Interlocal Agreement with the University of North Texas Health Science Center at Fort Worth for DNA Analysis Services and authorizes the County Judge to execute the agreement on behalf of Dallas County.

DONE IN OPEN COURT this the

~_ _- -

day of _ _-+--"--_ _~

..,..

COUNTY OF DALLAS STATE OF TEXAS

INTERLOCAL AGREEMENT ("I LA") between DALLAS COUNTY, TEXAS ("County") and UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH ("UNTHSC") on behalf of UNTHSC CENTER FOR HUMAN IDENTIFICATION ("UNTCHI") for DNA ANALYSIS SERVICES 1. PURPOSE This ILA is entered into by and between County, a political subdivision of the State of Texas and UNTHSC, a State educational institution, in accordance with the Commissioners Court Order and pursuant to the authority granted by the Texas Local Government Code Chapter 791 for additional forensic DNA consulting, testing, analysis and related services ("Services") to County by UNTHSC. 2. TERM Unless. otherwise stated in this ILA, the Term of this ILA will be from October 1, 2009 through September 30, 2010. This ILA shall be automatically renewed annually for five (5) additional one-year Terms, until September 30, 2015. 3. SCOPE OF SERVICES Upon County's requests, UNTHSC shall perform the Services as stated in this ILA, and in Exhibit A: Scope of Work ("SOW"), which is attached and incorporated herein by reference for all purposes, in a confidential manner: A. Utilize validated protocols for DNA extractions from such types of materials provided as blood stained fabrics, hair, tissue, hard surface substrates, saliva, semen, swabs, etc; Provide identification and analysis through mitochondrial DNA sequencing utilizing validated protocols for DNA extractions from substrates such as hair shafts and bone fragments; Provide analysis of the statistical likelihood of DNA evidence; reports detailing E. Make available the relevant UNTHSC specialists and experts for consultation and court testimony at the request of the prosecutorial agency or the court; Provide all necessary equipment, material, labor, service, and supervision required to perform the Services;

B.

C.

F.

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

OGC Contract

14835

G.

Upon County's request for expedited test results, UNTHSC will provide priority services within the limitations of the UNTCHl's current case load. UNTHSC will use its best effort to provide test results and reports as quickly as possible upon County's communication of the immediate nature of such cases; UNTCHI will maintain communication with County to ensure that County is aware of the progress of the analyses; Deliver the confidential hard copies of test results, within the time frame specified in the SOW, but no later than three (3) months, and at no additional charge to County, to: Conviction Integrity Unit Frank Crowley Courts Building Dallas County District Attorney's Office: 133 N. Riverfront Blvd. LB 19 Dallas, Texas 75207

H.

I.

J.

Document and maintain strict evidence handling and chain of custody protocols that ensure the integrity of all evidence received, and which shall include, without limitation, the following: 1. Secure files, and maintain confidentiality of all Services relating to the specimen collection, including, without limitation, procedures, test results, and reporting to County; 2. Provide all collection supplies, locked courier bags for specimen transport, chain of custody forms with numbered control labels and other necessary forms, courier and transportation services of specimen samples to and from a certified laboratory; and 3. Store and test specimens (primary and split) in accordance with applicable or (in strict accordance 49 CFR Part 40) federal, state and local regulations.

4. PAYMENT FOR SERVICES A. In maintaining the confidentiality of these Services, UNTHSC agrees to submit one invoice in accordance with the cost charges listed in the SOW (Exhibit A) upon the completion of the work performed for the requesting Dallas County department to: Paul Ingram Frank Crowley Courts Building Dallas County District Attorney's Office: 133 N. Riverfront Blvd., 19 Dallas, Texas 75207 with a copy to: Conviction Integrity Unit Frank Crowley Courts Building Dallas County District Attorney's Office: 133 N. Riverfront Blvd., 19 Dallas, Texas 75207 The invoice must be complete with fully documented and accurate/appropriate itemized attachments and statistical and programmatic documentation reports, as required by
ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

County for the performed Services. It is the responsibility of the contractor to ensure that Dallas County departments have correct test codes for analysis Services prior to the start of the ILA and that invoice prices accurately reflect the prices listed. Failure to invoice appropriately will delay processing of payment. B. Each statement shall be in a form acceptable to the Dallas County Auditor, and shall include details of the Services rendered as may be requested by the Auditor for verification purposes. The statement shall, at a minimum, include a description of the Services, the day(s) and the amount of time during the day(s) that UNTHSC performed the Services, and the total amount billed for Services rendered. After receipt of the statement, the County originating department shall review the statement and approve it with any modifications deemed appropriate and thereafter forward the statement with any modifications to the County Auditor for payment. To the extent permitted by the Constitution and laws of the State of Texas, UNTHSC shall hold harmless and indemnify the County for any discrepancy between the amount submitted for payment and the actual payment finally approved by the County. Within thirty (30) business days of receipt of statement, County agrees to compensate UNTHSC from available designated fund at the amount stated in the SOW for such Services. County will make payment to UNTHSC upon receipt of a verified and proper billing for Services actually rendered. Any payments by County to UNTHSC may be withheld if the UNTHSC fails to comply with County's contract provisions, deliverables, or other requirements relating to UNTHSC's performance of work and Services under this ILA. County shall pay UNTHSC only for those costs that are allowable under applicable laws, including, without limitation, the federal rules, regulations, cost principles, and those stated in this ILA. County shall have the right to withhold all or part of any payments to the UNTHSC to offset any payment or reimbursement made to UNTHSC for ineligible expenditures, and undocumented units of service billed. Prompt Payment. UNTHSC agrees that a temporary delay in making payments due to the County's accounting and disbursement procedures shall not place the County in default of this ILA and shall not render the County liable for interest or penalties, provided such delay shall not exceed thirty (30) calendas.days after its due date. Any payment not made within thirty (30) calendar days of its due date shall bear interest in accordance with Chapter 2251 of the Texas Government Code. Prior Debts. County shall not be liable for costs incurred or performances rendered by UNTHSC before or after the ILA for expenses not billed to County within the applicable time frames set forth in this ILA; or for any payment for Services or activities not provided pursuant to the terms of this ILA. Administrative Controls. establish, document and maintain adequate administrative and internal controls to ensure that only allowable and valid costs are billed to County for Services intended under this ILA. UNTHSC must refund any expenditures or payments that are not within the scope or intent of this ILA. 5. EXPENSES Upon County's prior written approval for travel, living and out of pocket expense, County shall
ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

C.

D.

E.

F.

reimburse UNTHSC for mileage and other expenses related to the fulfillment of the requirements of the ILA to the extent that such expenses are reasonably consistent with County policies for such reimbursements and expenses. 6. TERMINATION A. This ILA may be terminated in writing, without cause, by either party upon sixty (60) days prior written notice to the other party, or earlier upon mutual written agreement. This ILA may be terminated immediately, in whole or in part, ata party's sole discretion, for the following reasons: 1. 2. 3. 4. 5. Lack of, or reduction in, funding or resources; Non-performance; Improper, misuse or inept use of funds or resources; Failure to comply with the terms and provisions of this ILA; and/or Submission of data, statements and/or reports that are incorrect, incomplete and/or false in any way.

B.

C.

In the event of early termination, County shall pay UNTHSC for services rendered up to the date of termination.

1. RECORDS
A. Access. UNTHSC agrees to provide to County upon request, copies of the books and records relating to the Services performed under this ILA. County Data. All County Data shall remain the property of County. The County Data shall not be used, disclosed sold, assigned, leased or otherwise provided to third parties by UNTHSC other than in connection with providing the Services pursuant to this ILA or as required by law; or commercially exploited by or on behalf of UNTHSC, its employees, officers, agents, or subcontractors in any respect. Confidentiality. UNTHSC, including, without limitation, its subcontractors, officers, employees and agents, shall not disclose privileged or confidential communications or information acquired in the course of the performance of the Services under this ILA, unless authorized by law. UNTHSC agrees to safeguard and adhere to all confidentiality, privacy and security requirements according to this ILA and the applicable federal, State and local rules and regulations for all information deemed confidential.

B.

C.

8. INDEMNIFICATION
UNTHSC agree that each shall responsible for own negligent acts or ormssrons or the course this ILA, v/aiving any sovereign immunity available to County or UNTHSC under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 9. INSURANCE

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

A.

It is the intent of these provisions that insurance or self-insurance cover all cost allowed by Texas law. Minimum insurance is a condition precedent to any work performed under this ILA and for the entire term of this ILA including any renewals or extensions. If any of the minimum insurance required under this ILA lapses, is reduced below minimum requirements or is prematurely terminated for any reason, the County shall withhold any and all payments due UNTHSC until UNTHSC demonstrates compliance with the ILA requirements and provide security satisfactory to County for the potential liability resulting from the lack of required insurance. This provision shall survive the ILA termination. UNTHSC shall provide, at a minimum, the following coverage: 1. Workers' Compensation Self-Insurance. Texas Workers' Compensation Act; Meeting the statutory requirements of the

2. General Liability. Because UNTHSC is an agency of the State of Texas, liability for the tortious conduct of the agents and employees of UNTHSC (other than medical liability of medical staff physicians) is provided for solely by the provisions of Chapters 101 and 104 of the Texas Civil Practice and Remedies Code.

3. Vehicle Liability Insurance. Covering UNTHSC owned vehicles, with the minimum
limits of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per accident for bodily injury and One Hundred Thousand and 00/100 Dollars ($100,000) per accident for property damages.

B.

UNTHSC shall notify County in the event of any change in any applicable coverage and shall give such notices not less than forty-five (45) days prior to the change, which notice must be accompanied by a replacement Certificate of Insurance if applicable. Approval, disapproval or failure to act by the County regarding any insurance supplied by UNTHSC shall not relieve UNTHSC of full responsibility or liability for damages and accidents as set forth herein. Neither shall bankruptcy, insolvency or denial of liability by any insurance company exonerate UNTHSC.

C.

Any notice to be given under this ILA shall be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or Registered Mail, postage pre-paid, to the party who is receive such notice, demand or request at the addresses set forth below. Such notice, demand or request shall be deemed to have been given three (3) business days subsequent to the date it was so delivered or mailed.

Linda Boles
Dallas County Purchasing Dept. Records Building, 6th Floor 509 Main Street, 623 Dalias, Texas 75202-5799 11. SEVERABILITY

Arthur Eisenberg, Ph.D.

University of North Texas Health Science Center at Fort Worth 3500 Camp Bowie Blvd Fort Worth, TX 76107

If any provision of this ILA is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions in this ILA. The illegal or invalid provision will be deemed

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated. 12. SOVEREIGN IMMUNITY This ILA is expressly made subject to County's and UNTHSC's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state laws. The parties expressly agree that no provision of this ILA is in any way intended to constitute a waiver of any immunities from suit or from liability that the parties have by operation of law. Nothing in this ILA is intended to benefit any third party beneficiary. 13. COMPLIANCE WITH LAWS AND VENUE In providing Services required by this ILA, UNTHSC must observe and comply with all applicable federal, State, and local statutes, ordinances, rules, regulations, grant requirements, licenses, legal certifications, or inspections required for the Services, facilities, equipment, or materials, including, without limitation, the COOlS standards for Forensic DNA testing laboratories. This ILA shall be governed by Texas law. 14. AMENDMENTS AND CHANGES IN THE LAW No modification, amendment, novation, renewal or other alteration of this ILA shall be effective unless mutually agreed upon in writing and executed by the parties hereto. Any alteration, addition or deletion to the terms of this ILA which are required by changes in federal or State law are automatically incorporated herein without written amendment to this ILA and shall be effective on the date designated by said law.
15. ENTIRE AGREEMENT

This ILA, including all Exhibits and attachments, constitutes the entire agreement between the parties hereto and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written. 16. BINDING EFFECT This ILA and the respective rights and obligations of the parties hereto shall inure to the benefit and be binding upon the successors and assigns of the parties hereto, as well as the parties themselves. 17. GOVERNMENT FUNDED PROJECT If ILA is funded in part by either the State of Texas or the federal government, the UNTHSC agrees to timely comply without additional cost or expense to County, unless otherwise specified herein, to any statute, rule, regulation, grant, contract provision or other State or federal law, rule, regulation, or other similar restriction that imposes additional or requirements than stated herein and that is directly applicable to the Services rendered under the terms of this ILA. 18. DEFAULT/CUMULATIVE RIGHTS/MITIGATION It is not a waiver of default if the non-defaulting party fails to immediately declare a default or delays in taking any action. The rights and remedies provided by this ILA are cumulative, and
ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise. UNTHSC and County have a duty to mitigate damages. 19. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of the County under this ILA are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the ILA and any extensions thereto. UNTHSC shall have no right of action against County in the event County is unable to fulfill its obligations under this ILA as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this ILA or failure to budget or authorize funding for this ILA during the current or future fiscal years. In the event that County is unable to fulfill its obligations under this ILA as a result of lack of sufficient funding, or if funds become unavailable, County, at its sole discretion, may provide funds from a separate source or may terminate this ILA by written notice to UNTHSC at the earliest possible time prior to the end of its fiscal year. 20. COUNTERPARTS, NUMBER/GENDER AND HEADINGS This ILA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Words of any gender used in this ILA shall be held and construed to include any other gender any words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this ILA. 21. INDEPENDENT CONTRACTOR UNTHSC, including its agents or employees, is an independent Contractor and not an agent, servant, joint enterpriser, joint venturer or employee of the County, and is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this ILA. 22. SUBCONTRACTING UNTHSC may not enter into agreements with subcontractors for delivery of the designated Services outlined in this ILA without prior written consent of the County, which consent shall not be unreasonably withheld. The costs of all subcontracted services are included in the fees paid herein. Subcontracts, if any, entered into by the UNTHSC will be in writing and subject to all requirements herein. UNTHSC agrees that it will solely be responsible to County for the performance of this ILA. UNTHSC shall pay all subcontractors in a timely manner. County shall have the right to prohibit UNTHSC from using any subcontractor. 23. ASSURANCES A. Professional Quality. UNTHSC warrants to County that all materials and Services will be of professional quality conforming to generally accepted practices, and that all Services provided under this ILA will be performed in a manner consistent with that degree of care, qualification and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If there are no applicable or recognized professional standards in the applicable area or areas of expertise required to perform such Services, then UNTHSC will perform all Services in a good and professional

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

manner that meets County's goals and objectives as stated herein as well as otherwise adds value to and/or improves the performance of County's expectations, objectives and purposes as stated in this ILA. Any work that is determined by County to be less than professional quality will be corrected without charge. This warranty extends for ninety (90) business days past termination or expiration of this ILA. This warranty is limited to rework of the unsatisfactory product without change to the original specifications and without regard to the amount of the effort expended on the original work product. B. Accreditation. UNTHSC must be accredited by the Texas Department of Public Safety, and either the American Society of Crime Laboratory Directors - Laboratory Accreditation Board (ASCLD-LAB) or Forensic Quality Services International under the requirements of ISO/IEC 17025 and must be in full compliance with the FBI Director's Quality Assurance Standards for Forensic Laboratories..

24. SIGNATORY WARRANTY The undersigned signatories for the parties hereby represent and warrant that they are officers of their respective organizations for which they have executed this ILA and that they have full and complete authorities to enter into this ILA on behalf of their respective organizations and that the executions thereof are the acts of the parties involved and have been delivered and constitute legal, valid and binding obligations of the respective parties.

EXECUTED THIS

20th

April

UNTHSC:

\. 5.... Steve tussell /-.. BY:

By:

-'

,1... 11-

Exec. VP: Finance & Administration

Glenn Dillon, Ph.D. Vice President for Research

inda Boles Acting Purchasing Agent

Chief, Civil Division Assistant District Attorney

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

EXHIBIT A: SCOPE OF WORK

University of North Texas Health Science Center Center for Human Identification 3500 Camp Bowie Blvd Fort Worth, TX 76107 The following charges shall apply if no applicable grant funding is available for the services under this ILA. Price per Item

Service

$300 $150 $300

Evidentiary Item (non-semen) Evidentiary Item (semen - differential extraction) Reference Item (known blood or buccal swab) Autosomal STR Analysis (Profiler Plus ID/Cofiler or Identifiler): Evidentiary Item (non-semen) Evidentiary Item (semen - differential extraction - E and S fraction) Reference Item (known blood or buccal swab)

$500 $750 $300 $500 $750 $300

$500 $750
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$1500 per day per individual plus travel expenses

EXHIBIT A: SOW
ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

Nuclear DNA Analysis (PratHer Plus ID I COtiler, ytiler, Minitilerl Stipulations:

Maximum of 5 cases or 20-25 total samples per month. No "touch" evidence. Exceptions can be made for weapons (e.g. handguns) if probative to the case. Serology report for questioned blood or semen stains must be submitted with each case unless IJ serology work is to be conducted by the University of Texas Health Science Center "UNTHSC ) . DNA extractions must be performed at UNTHSC. The UNTHSC laboratory strongly advises that all analyses associated with a given sample be conducted by the same laboratory. Transferring extracts and samples between laboratories poses the risk of excess sample consumption, sample loss and potential contamination through excessive handling. Extracts from outside laboratories may be analyzed on a limited basis, if the sample(s) were consumed during previous analyses. If accepted, outside extracts must be submitted with an associated reagent blank sample and human specific quantification data (preferably an Applied Biosystems Quantifiler or Quantifiler Duo assay). An additional charge for DNA quantification may be incurred for outside extracts submitted without the required quantification data. The prices reflected are additive. Each sample to be tested will incur a base extraction fee plus additional fees for each technology utilized. For example: Questioned blood stain for autosomal STR analysis with Applied Biosystems Identifiler system: = $500 for extraction/quantification + $500 for STR analysis = $1000 total. If additional Yfiler testing is required on the same sample an additional $500 will be charged for a total cost of $1500. Questioned semen positive vaginal swab for autosomal STR analysis: = $750 for differential extraction/quantification + $750 for STR analysis of both the epithelial and sperm fraction $1500 total.

UNTHSC will strive in every instance to only recommend and perform analyses that are likely to yield reportable DNA results. Laboratory staff are available to guide investigators and submitting in most samples; most ...,.. ',,,,,'10' repor...... I-.I"" r'\l\i 1\ r"""... '1"'' ' ' CI 1 the most ClI-'IJII'O...rl...te technolosies for the ..... mple ;:) being e- ut::: lU y t::: 1 t::: UllClUIt::: UI'IM. t:::;:)u I.;:) and 1.1 I U;:)I. ......... IJ CI t::: 1.t:::\"'11I1 v5 ;:) I LII;:)O I 1

Forensic paternity cases must include sample for the biological mother. Exceptions can be made for extenuating circumstances. Known blood or buccal swabs will be charged at reference sample prices. Fetal material or products of conception will be charged at the
EXHIBIT A: SOW
ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010

standard evidentiary rate. Fetal material less than eight weeks gestational age will be charged at the increased evidentiary rate due to the required multiple extractions and amplifications. Repeat extractions on reference samples of poor quality will incur additional charges. Recollection of the sample may be required.

Mitochondrial DNA Analysis Stipulations:

Maximum of 1 case per month with no more than 5 evidentiary hairs. Only questioned hairs and reference samples (known blood or buccal swabs) will be accepted. Other forensic unknowns are not suitable for mitochondrial DNA analysis. A trace report confirming both human origin and probative value of the questioned hair(s) must be submitted with each case. This analysis must be performed by a qualified hair examiner. DNA extraction of hair samples must be performed at UNTHSC. Hair DNA extracts from other laboratories will not be accepted. The prices listed are all inclusive covering both DNA extraction and mitochondrial HVl and HV2 analysis.

Turn-Around Times:
Typical turn-around times for nuclear DNA casework are 4 to 6 weeks from case start to case completion. Typical turn-around times for mitochondrial DNA casework are 6 to 8 weeks from case start to case completion. Ultimately turn around time is dependent on the total number and quality of the samples submitted.

EXHIBIT A: SOW
ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010