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HomeMy WebLinkAboutResolution 1999-074 RESOLUTION NO. 99-74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager, be, and is hereby, authorized to execute the attached Extension of Annual Contract with Forensic Consultants for the purpose of forensic lab and field services for the North Richland Hills Police Department. PASSED BY THE CITY COUNCIL this the 11th day of October 1999. APPROVED: I I I / l ;'. / I "( i ¡' . ~.'-t._.,'" (' i~ .< c} 'j Charles Scoma, Mayor I } -f,. .......~.... ATTEST: " 'I!· .( II .(---,( ,),.., " (' _ (t / '--.,. L/ c-- _)'t.__, Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: /¥&~/ Rex McEntire - Attorney for the City CONTRACT STATE OF TEXAS COUNTY OF TARRANT S S S WHEREAS, the City of North Richland Hills, Texas, hereinafter referred to as the City, wishes to obtain forensic lab services for its Police Department, hereinafter referred to as the Department; and WHEREAS, Forensic Consultant Services, hereinafter referred to as the Lab, wishes to provide those forensic services to the Department; WITNESSETH 1. This Contract is made and entered into by and between the City, acting herein by and through its duly authorized representative, and the Lab acting herein by and through its owner, Max Courtney, for and in consideration of the mutual covenants and undertakings herein ex- pressed. 2. The Lab will provide analytical laboratory services within its capability for the De- partment in all criminal investigations, as requested by the Department. The Lab will provide such services in a timely fashion and will issue written reports which reflect the results of such services to the Department. Further, the Lab will offer testimony in any criminal proceeding in court to relate the results of the analyses. These services include drug analysis, fireams analysis, trace evidence analysis, fingerprint development and comparisons, blood alcohol analysis, tool mark comparisons, restoration of obliterated data, and footwear and tire tread comparisons; they do not include serology, sexual assault kit analysis, hand swab analysis, or toxicology (except blood alcohol analyses). These services do not include any analyses of exhibits from cases involv- ing any drug or narcotics task force. The Lab does not include as part of this offer any evidence collection kits, such as blood alcohol kits. All costs of any photographic or videographic docu- mentation of results or exhibits and costs for special repackaging of evidence, such as hypodennic syringe protective packaging, shall be borne by the City. 3. The Lab will provide Technical Supervision of the breath alcohol testing program for the Department, including maintenance and repair of the breath analysis instrument and allied equipment, retraining and retesting of operators, management of records and data of breath testing, and testimony in criminal trials in court. The Department will bear all costs for equipment re- placement and spare parts and all costs for expendable supplies. The Lab will bear all costs for labor for repairs and shall keep the instruments and allied equipment properly working and cal- ibrated. 4. The Lab will provide field assistance in crime scene processing for the Department on a 24-hour, 7-day basis for all homicide investigations, and all serious felony offenses wherein the solvability factor by physical evidence is deemed by the Department to be high. This assistance will be for any homicide and any case wherein the evidence is complex, losses are high, the case is in the public eye, or suspects are known. It does not include those cases that are well within the capabilities of the Department's investigators as detemlÏned by the Department. The Lab will take photographs and videotapes to document the crime scene, but all costs associated with such photo- graphs and videotapes will be borne by the Department. The Department will review any offense before summoning assistance from the Lab, to deteffiline that the offense has potential physical evidence that likely would, if properly gathered, result in successful prosecution of offenders. The Department will bear the full responsibility as to the legality of any search in which it requests assistance. RESOLUTION NO. 99-74 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The City Manager, be, and is hereby, authorized to execute the attached Extension of Annual Contract with Forensic Consultants for the purpose of forensic lab and field services for the North Richland Hills Police Department. PASSED BY THE CITY COUNCIL this the 11th day of October 1999. APPROVED: I ( l<j( "/~ Charles Scoma, Mayor ) ATTEST: .,(, " (' , f ;( If /.(--'1"., ),-- I"· {~, L -~ , . Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGALITY: /e¥&~/ Rex McEntire - Attorney for the City CONTRACT STATE OF TEXAS COUNTY OF TARRANT S S S WHEREAS, the City of North Richland Hills, Texas, hereinafter referred to as the City, wishes to obtain forensic lab services for its Police Department, hereinafter referred to as the Department; and WHEREAS, Forensic Consultant Services, hereinafter referred to as the Lab, wishes to provide those forensic services to the Department; WITNESSETH 1. This Contract is made and entered into by and between the City, acting herein by and through its duly authorized representative, and the Lab acting herein by and through its owner, Max Courtney, for and in consideration of the mutual covenants and undertakings herein ex- pressed, 2. The Lab will provide analytical laboratory services within its capability for the De- partment in all criminal investigations, as requested by the Department. The Lab will provide such services in a timely fashion and will issue written reports which reflect the results of such services to the Department. Further, the Lab will offer testimony in any criminal proceeding in court to relate the results of the analyses. These services include drug analysis, fireanns analysis, trace evidence analysis, fingerprint development and comparisons, blood alcohol analysis, tool mark comparisons, restoration of obliterated data, and footwear and tire tread comparisons; they do not include serology, sexual assault kit analysis, hand swab analysis, or toxicology (except blood alcohol analyses). These services do not include any analyses of exhibits from cases involv- ing any drug or narcotics task force. The Lab does not include as part of this offer any evidence collection kits, such as blood alcohol kits. All costs of any photographic or videographic docu- mentation of results or exhibits and costs for special repackaging of evidence, such as hypodennic syringe protective packaging, shall be borne by the City. 3. The Lab will provide Technical Supervision of the breath alcohol testing program for the Department, including maintenance and repair of the breath analysis instrument and allied equipment, retraining and retesting of operators, management of records and data of breath testing, and testimony in criminal trials in court. The Department will bear all costs for equipment re- placement and spare parts and all costs for expendable supplies. The Lab will bear all costs for labor for repairs and shall keep the instruments and allied equipment properly working and cal- ibrated. 4. The Lab will provide field assistance in crime scene processing for the Department on a 24-hour, 7-day basis for all homicide investigations, and all serious felony offenses wherein the solvability factor by physical evidence is deemed by the Department to be high. This assistance will be for any homicide and any case wherein the evidence is complex, losses are high, the case is in the public eye, or suspects are known. It does not include those cases that are well within the capabilities of the Department's investigators as detennined by the Department. The Lab will take photographs and videotapes to document the crime scene, but all costs associated with such photo- graphs and videotapes will be borne by the Department. The Department will review any offense before summoning assistance from the Lab, to detennine that the offense has potential physical evidence that likely would, if properly gathered, result in successful prosecution of offenders. The Department will bear the full responsibility as to the legality of any search in which it requests assistance. 5. The City will pay the Lab the sum of $16,500.00 per annum, payable monthly in the amount of $1,375.00 per month The Lab will issue to the City an invoice on or about the 1 st day of each month following the month for which the services were provided. The invoice will include the monthly contract amount of $1 J 75.00, and any additional charges payable as related above, including photographic and videotape costs, costs for spare parts or replacement of breath alcohol testing equipment, and any expendable supplies, such as blood alcohol kits or breath test mouth- pieces. Payment to the Lab shall be issued by the City, within 30 days, upon receipt of an invoice from the Lab. 6. Any notice required under this Contract shall be effective if addressed to the party receiving the same at the following address: If to the City: Forensic Consultant Services 1216 South Henderson Fort Worth, Texas 76104 City of North Richland Hills 7301 NE Loop 820 North Richland Hills, Texas 76180 If to the Lab: 7. The Lab agrees and covenants that the Lab will not assign all or any part of its rights, privileges or duties or interest under this Contract without first obtaining the v..ritten consent of the City. Any attempt to assign all or any part hereof without first obtaining such prior consent by the City shall be void. 8. Except as provided for above, it is expressly understood and agreed that the Lab shall operate hereunder as an independent contractor as to all rights and privileges granted herein, and not as an agent, representative or employee of the City; that the Lab shall have exclusive control of and exclusive right to control its operations and activities and shall be solely responsible for the act and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall not apply as between the City and the Lab; and that nothing herein shall be construed as creating a partnership or joint enterprise between the City and the Lab. 9. This Contract constitutes all of the agreement between the parties, and there are no other written or oral agreements pertaining to this undertaking or the compensation therefor. This Con- tract shall become effective October I, 1999, and shall expire on the last day of September, 2000, unless canceled. This Contract can be canceled by mutual agreement between the City and the Lab, or by either party upon 90 days written notice without cause, or by either party upon 30 days written notice for cause. This Contract made and entered into this day of ,1999. Max Courtney for the Lab for the City Title Approved as to fonTI, City Attorney