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HomeMy WebLinkAboutResolution - 2019-R0130 - Interlocal Cooperation Contract With Department Of Public Safety - 04/09/2019 Resolution No. 2019-RO130 Item No. 7.14 April 9, 2019 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Cooperation Contract between the City of Lubbock and the Department of Public Safety, and related documents, providing funding for a full-time equivalent Crime Lab Technician to facilitate the reduction of Lubbock County's backlog of controlled substance cases. The total amount of this Contract will not exceed $155,961.53. Said agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 9, 2019 DANIEL M. POPE, MAYOR ATTEST: Reb kc,a Garza, City Se eta APPROV AS TO CONTENT: Grego ns, Chre of Police APPROVED AS TO.-- Jo Cv6de, rstant ty Attorney i SACityattl CDOCSIRLS.DPSCrimcLabinterlocal.2019.doc INTERLOCAL COOPERATION CONTRACT Between City of Lubbock, (Lubbock Texas) and Department of Public Safety (DPS) I. AUTHORITY The City of Lubbock and DPS enter into this contract under the authority of Texas Government Code Chapter 791 (the Interlocal Cooperation Act). The City of Lubbock certifies that it has the authority to contract for the services by authority granted in Texas Local Government Code Chapter 262. DPS certifies that it has authority to perform the services contracted for by authority granted in Texas Government Code § 411.009. II. STATEMENT OF SERVICES TO BE PERFORMED The DPS Crime Laboratory Service will analyze controlled substance (CS) evidence submitted by the Lubbock Police Department. DPS will assign the services of one Rill time equivalent (FTE) to perform analysis in performance of this Contract. The FTE will be a DPS employee who will be hired and managed at DPS's discretion. The parties agree that any additional FTE assigned to perform analysis in performance of this Contract will be assigned initially to clear the backlog of Lubbock County CS cases. Lubbock County CS cases are those cases presented to DPS by either the Lubbock County Sheriff's Department or the Lubbock Police Department. Only after the backlog of Lubbock County CS cases has been cleared will the assigned FTE provide a 30 calendar-day or less turn-around time on new Lubbock County CS cases. For the first 70 CS cases per month, with two items or less, submitted by the Lubbock Police Department, DPS will provide a 30 calendar-day or less turn-around time from submission of the evidence. After the first 70 CS cases have been submitted in any month, DPS will attempt to provide, but cannot guarantee, a 30 calendar-day or less turn-around time from submission of the evidence. The assigned DPS FTE will work on Lubbock Police Department cases awaiting analysis before examining evidence from other agencies as long as this Contract is in place. DPS may, at its discretion, assign the FTE other work if there are no services required under this Contract within the parameters of DPS Crime Laboratory policies and procedures, if, when making other assignments to the FTE. DPS continues to meet its obligations to the City of Lubbock under this Contract. The 30-day deadline for CS case completion will apply only to the first 70 cases submitted by the Lubbock Police Department in a given month. III. BASIS FOR CALCULATING REIMBURSABLE COSTS Reimbursable costs will be calculated in accordance with the schedule incorporated in Exhibit A and are intended to reflect the maximum actual costs associated with the services described in this Contract. IV. CONTRACT AMOUNT The total amount of this Contract will not exceed $155,961.53 as identified in Exhibit A. V. PAYMENT FOR SERVICES The City of Lubbock will remit to DPS via check or direct deposit all DPS costs for performing the services as identified in Exhibit A for the FTE assigned to this Contract. The City of Lubbock will pay for services received from appropriation items or accounts of the Lubbock, Texas from which like expenditures would normally be paid, based on vouchers drawn by Lubbock, Texas payable to DPS. DPS will submit monthly invoices to Lubbock, Texas. DPS will also submit an invoice upon the effective date of this Contract for the administrative costs for each year that this Contract is in effect. The City of Lubbock will remit payment to DPS no later than 30 calendar days after Lubbock, Texas's receipt of the invoice. Payments received by DPS will be credited to its current appropriation item(s) or account(s) from which the expenditures of that character were originally made. VI. TERM OF CONTRACT This Contract begins on the day of the last party to sign this Contract, and will terminate on September 30, 2019. Following the initial term, the contract may be renewed upon written agreement of the Parties for two additional years, with terms beginning on October 1 and ending on September 30 of each subsequent year. VII. GENERAL TERMS AND CONDITIONS A. Termination for Convenience. Either Party may cancel this Contract for any reason upon 120 calendar days' written notice to the other Party. In the event of such termination, only the amounts due to DPS for services provided up to and including the date of termination will be due and payable. In no event will termination under this section by either Party give rise to any liability whatsoever on the part of the terminating Party. B. Funding Out. DPS is a state agency whose authority and appropriations are subject to the actions of the Texas Legislature and the United States Congress. If DPS or the subject matter of this Contract become subject to a legislative or regulatory change,the revocation of statutory or regulatory authority, or lack of appropriated funds which would render Contract performance impossible, unnecessary, void, or substantially amended, DPS may immediately terminate this Contract without penalty or liability. The City of Lubbock is a political subdivision of the State of Texas whose authority and appropriations are subject to the actions of the Lubbock City Council and the State of Texas. If Lubbock, Texas or the subject matter of this Contract become subject to a lack of appropriated funds which would render the Contract performance impossible, unnecessary, void, or substantially amended, Lubbock, Texas may immediately terminate this Contract without penalty or any liability. C. No Joint Enterprise. The provisions of this Contract are not intended to create,nor will they be in any way construed to create a joint venture, a partnership, or to create the relationships of an employer-employee or principal-agent, or to otherwise create any liability for the Parties whatsoever with respect to the Parties' indebtedness, liabilities, and obligations. D. Amendments. Any amendment to this Contract is only valid if in writing and signed by both Parties. E. Notice. Any notice required or permitted under this Contract will be in writing and will be directed to the Parties as designated below and will be deemed given: (1) when delivered in hand and a receipt granted;(2)when received if sent by certified mail,return receipt requested; (3) upon three business days after deposit in the United States mail; or (4) when received if sent by confirmed facsimile or confirmed email. If to DPS: Department of Public Safety Law Enforcement Support, Crime Laboratory Service Attn: Brady Mills 5800 Guadalupe Austin,Texas 78752 Telephone: (512)424-7151 Email: Brady.Mills@dps.texas.gov If to The City of Lubbock: City of Lubbock, Texas Attn: Becky Garza, City Secretary 1625 13`h Street POB 2000 Lubbock TX 79457-2000 Phone: (806) 775-2000 Email: bgarza@mylubbock.us Either of the Parties may change its address or designated individual to receive notices by giving the other Party written notice as provided in this Section, specifying the new address or individual and the date upon which it will become effective. The Parties certify that(1)the Contract is authorized by the governing body of each party; (2)the purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each Party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. City of Lubbock Department of Public Safety By: By: Daniel M. Pope, Skylor Hearn, Mayor Deputy Director, Administration and Services Date: April 9, 2019 Date: Attest: Beck Garza, City etary Approved as to Content: Gregory W. ve Chief of Po ice Appro7;/ JohG , A i ant t Attor Exhibit A ANNUAL SALARY AND BENEFITS FOR ONE POSITION FOR TWO YEARS Year 1 Year 2 Forensic Scientist II salary (2 FTE) $46,338.60 $51,899.16 Benefits @ 29% of salary $13,438.19 $15,050.76 TOTAL SALARY AND $59,776.79 $66,949.92 BENEFITS Training costs $500.00 $500.00 (Not-to-exceed amount) Operating and equipment expense $14,178.84 $11,765.88 (Not-to-exceed amount) Administrative costs $1,109.33 $1,180.74 (1.5%) Annual $75,564.97 $80,396.53 Total $155,961.50