04 20 2010 eisenberg contract

8/3/2019 04 20 2010 Eisenberg Contract

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2010 0701.ORDER NO:------DATE: A p r i l 20, 2010

CO URT O RD ER

STATE OF TEXAS COUNTY OF DALLAS

BE IT REMEMBERED, at a regular meeting ofCommissioners Court ofDallas County, Texas, held on the__ ~ ~ __ , 2010,0 th______________ dayon a motion madeMaurine

WHEREAS, the Purchasing Department briefed Commissioners Court on April 13, 2010 regarding a InterlocalAgreement with the University ofNorth Texas Health Science Center at Fort Worth; andWHEREAS, Texas Government Code, Chapter 791.025 permits interlocal agreements between local governments forthe purchase of goods and services to satisfy competitive bidding requirements; andWHEREAS, the term of this contract is for a one year period and will automatically renew for five additional one yearterms (effective October 1,2010 through September 30,2015; andWHEREAS, this agreement supports Vision 1 of Dallas County's Strategic PlanIT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court doeshereby approve the Interlocal Agreement with the University ofNorth Texas Health Science Center at Fort Worth forDN A Analysis Services and authorizes the County Judge to execute the agreement on behalfofDallas County.

DONE IN O PE N C O UR T this the __-- day of__ -+--"--__ ..,..


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COUNTY OF DALLAS STATE OF TEXAS

INTERLOCAL AGREEMENT ("ILA")between

DALLAS COUNTY, TEXAS ("County")andUNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH

("UNTHSC")on behalf ofUNTHSC CENTER FOR HUMAN IDENTIFICATION ("UNTCHI")fo r

DNA ANALYSIS SERVICES1. PURPOSEThis ILA is entered into by and between County, a political subdivision of the State of Texas andUNTHSC, a State educational institution, in accordance with the Commissioners Court Orderand pursuant to the authority granted by the Texas Local Government Code Chapter 791 foradditional forensic DNA consulting, testing, analysis and related services ("Services") to Countyby UNTHSC.2. TERMUnless. otherwise stated in this ILA, the Term of this ILA will be from October 1, 2009 throughSeptember 30, 2010. This ILA shall be automatically renewed annually for five (5) additionalone-year Terms, until September 30, 2015.3. SCOPE OF SERVICESUpon County's requests, UNTHSC shall perform the Services as stated in this ILA, and inExhibit A: Scope of Work ("SOW"), which is attached and incorporated herein by reference forall purposes, in a confidential manner:A. Utilize validated protocols for DNA extractions from such types of materials provided asblood stained fabrics, hair, tissue, hard surface substrates, saliva, semen, swabs, etc;B. Provide identification and analysis through mitochondrial DNA sequencing utilizingvalidated protocols for DNA extractions from substrates such as hair shafts and bonefragments;C. Provide analysis of the statistical likelihood of DNA evidence;

reports detailingE. Make available the relevant UNTHSC specialists and experts for consultation and courttestimony at the request of the prosecutorial agency or the court;F. Provide all necessary equipment, material, labor, service, and supervision requi red toperform the Services;

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010 OGC Contract 14835 1


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G. Upon County's request for expedited test results, UNTHSC will provide priority serviceswithin the limitations of the UNTCHl's current case load. UNTHSC will use its best effortto provide test results and reports as quickly as possible upon County's communicationof the immediate nature of such cases;H. UNTCHI will maintain communication with County to ensure that County is aware of theprogress of the analyses;I. Deliver the confidential hard copies of test results, within the time frame specified in theSOW, but no later than three (3) months, and at no additional charge to County, to:

Conviction Integrity UnitFrank Crowley Courts BuildingDallas County District Attorney's Office:133 N. Riverfront Blvd. LB 19Dallas, Texas 75207J. Document and maintain strict evidence handling and chain of custody protocols thatensure the integrity of all evidence received, and which shall include, without l imitation,

the following:1. Secure files, and maintain confidentiality of all Services relating to the specimencollection, including, without limitation, procedures, test results, and reporting toCounty;2. Provide all collection supplies, locked courier bags for specimen transport, chain ofcustody forms with numbered control labels and other necessary forms, courier andtransportation services of specimen samples to and from a certified laboratory; and3. Store and test specimens (primary and split) in accordance with applicable or (instrict accordance 49 CFR Part 40) federal, state and local regulations.

4. PAYMENT FOR SERVICESA. In maintaining the confidentiality of these Services, UNTHSC agrees to submit oneinvoice in accordance with the cost charges listed in the SOW (Exhibit A) upon thecompletion of the work performed for the requesting Dallas County department to:Paul IngramFrank Crowley Courts BuildingDallas County District Attorney's Office:133 N. Riverfront Blvd., 19Dallas, Texas 75207

with a copy to: Conviction Integrity UnitFrank Crowley Courts BuildingDallas County District Attorney's Office:133 N. Riverfront Blvd., 19Dallas, Texas 75207The invoice must be complete with fully documented and accurate/appropriate itemizedattachments and statistical and programmatic documentation reports, as required by

ILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010 2


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County for the performed Services.It is the responsibility of the contractor to ensure that Dallas County departments havecorrect test codes for analysis Services prior to the start of the ILA and that invoiceprices accurately reflect the prices listed. Failure to invoice appropriately will delayprocessing of payment.

B. Each statement shall be in a form acceptable to the Dallas County Auditor, and shallinclude details of the Services rendered as may be requested by the Auditor forverification purposes. The statement shall, at a minimum, include a description of theServices, the day(s) and the amount of time during the day(s) that UNTHSC performedthe Services, and the total amount billed for Services rendered.C. After receipt of the statement, the County originating department shall review thestatement and approve it with any modifications deemed appropriate and thereafterforward 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 shallhold harmless and indemnify the County fo r any discrepancy between the amountsubmitted fo r payment and the actual payment finally approved by the County.

D. Within thirty (30) business days of receipt of statement, County agrees to compensateUNTHSC from available designated fund at the amount stated in the SOW for suchServices. County will make payment to UNTHSC upon receipt of a verified and properbilling for Services actually rendered. Any payments by County to UNTHSC may bewithheld if the UNTHSC fails to comply with County's contract provisions, deliverables,or other requirements relating to UNTHSC's performance of work and Services underthis ILA. County shall pay UNTHSC only for those costs that are allowable underapplicable laws, including, without limitation, the federal rules, regulations, costprinciples, and those stated in this ILA. County shall have the right to withhold all or partof any payments to the UNTHSC to offset any payment or reimbursement made toUNTHSC for ineligible expenditures, and undocumented units of service billed.E. Prompt Payment. UNTHSC agrees that a temporary delay in making payments due tothe County's accounting and disbursement procedures shall not place the County indefault 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. Anypayment not made within thirty (30) calendar days of its due date shall bear interest inaccordance with Chapter 2251 of the Texas Government Code.F. Prior Debts. County shall not be liable for costs incurred or performances rendered byUNTHSC before or after the ILA for expenses not billed to County within theapplicable time frames set forth in this ILA; or for any payment for Services or activitiesnot provided pursuant to the terms of this ILA.

Administrative Controls. establish, document and maintain adequateadministrative and internal controls to ensure that only allowable and valid costs arebilled to County for Services intended under this ILA. UNTHSC must refund anyexpenditures or payments that are not within the scope or intent of this ILA.5. EXPENSESUpon County's prior written approval for travel, living and out of pocket expense, County shallILA FOR DNA ANALYSIS BTW COUNTYAND UNIV. OF N. TX - 2010 3


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reimburse UNTHSC for mileage and other expenses related to the fulfillment of therequirements of the ILA to the extent that such expenses are reasonably consistent with Countypolicies for such reimbursements and expenses.6. TERMINATIONA. 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.B. This ILA may be terminated immediately, in whole or in part, ata party's sole discretion,for the following reasons:

1. Lack of, or reduction in, funding or resources;2. Non-performance;3. Improper, misuse or inept use of funds or resources;4. Failure to comply with the terms and provisions of this ILA; and/or5. Submission of data, statements and/or reports that are incorrect, incomplete and/orfalse in any way.C. In the event of early termination, County shall pay UNTHSC for services rendered up tothe date of termination.1. RECORDSA. Access. UNTHSC agrees to provide to County upon request, copies of the books andrecords relating to the Services performed under this ILA.B. County Data. All County Data shall remain the property of County. The County Datashall not be used, disclosed sold, assigned, leased or otherwise provided to third partiesby UNTHSC other than in connection with providing the Services pursuant to this ILA oras required by law; or commercially exploited by or on behalf of UNTHSC, its

employees, officers, agents, or subcontractors in any respect.C. Confidentiality. UNTHSC, including, without limitation, its subcontractors, officers,employees and agents, shall not disclose privileged or confidential communications orinformation acquired in the course of the performance of the Services under this ILA,unless authorized by law. UNTHSC agrees to safeguard and adhere to allconfidentiality, privacy and security requirements according to this ILA and theapplicable federal, State and local rules and regulations for all information deemedconfidential.8. INDEMNIFICATION

UNTHSC agree that each shall responsible fo r own negligent acts orormssrons or the course this ILA,v/aiving any sovereign immunity available to County or UNTHSC under Texas law andwithout waiving any available defenses under Texas law. Nothing in this paragraph shallbe construed to create or grant any rights, contractual or otherwise, in or to any thirdpersons or entities.9. INSURANCE



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A. It is the intent of these provisions that insurance or self-insurance cover all cost allowedby Texas law. Minimum insurance is a condit ion precedent to any work performed underthis ILA and for the entire term of this ILA including any renewals or extensions. If any ofthe minimum insurance required under this ILA lapses, is reduced below minimumrequirements or is prematurely terminated for any reason, the County shall withhold anyand all payments due UNTHSC until UNTHSC demonstrates compliance with the ILArequirements and provide security satisfactory to County for the potential liabilityresulting from the lack of required insurance. This provision shall survive the ILAtermination. UNTHSC shall provide, at a minimum, the following coverage:1. Workers' Compensation Self-Insurance. Meeting the statutory requirements of theTexas Workers' Compensation Act;2. General Liability. Because UNTHSC is an agency of the State of Texas, l iabi li ty forthe tortious conduct of the agents and employees of UNTHSC (other than medicalliability of medical staff physicians) is provided for solely by the provisions ofChapters 101 and 104 of the Texas Civil Practice and Remedies Code.3. Vehicle Liabil ity Insurance. Covering UNTHSC owned vehicles, with the minimumlimits of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per accident forbodily injury and One Hundred Thousand and 00/100 Dollars ($100,000) peraccident for property damages.

B. UNTHSC shall notify County in the event of any change in any applicable coverage andshall give such notices not less than forty-five (45) days prior to the change, which noticemust be accompanied by a replacement Certificate of Insurance if applicable.

C. Approval, disapproval or failure to act by the County regarding any insurance suppliedby UNTHSC shall not relieve UNTHSC of full responsibili ty or liability for damages andaccidents as set forth herein. Neither shall bankruptcy, insolvency or denial of l iabi li ty byany insurance company exonerate UNTHSC.

Any notice to be given under this ILA shall be deemed to have been given if reduced to writingand del ivered in person or mai led by overnight or Registered Mail, postage pre-paid, to the partywho 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 tothe date it was so delivered or mailed.Linda BolesDallas County Purchasing Dept.Records Building, 6th Floor509 Main Street, 623Dalias, Texas 75202-5799

11. SEVERABILITY

Arthur Eisenberg, Ph.D.University of North Texas HealthScience Center at Fort Worth3500 Camp Bowie BlvdFort Worth, TX 76107

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



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stricken and deleted, but all other provisions shall continue and be given effect as if the illegal orinvalid provisions had never been incorporated.12. SOVEREIGN IMMUNITYThis ILA is expressly made subject to County's and UNTHSC's Sovereign Immunity, Title5 of the Texas Civil Practices and Remedies Code, and all applicable federal and sta telaws. The parties expressly agree that no provision of this ILA is in any way intended toconstitute a waiver of any immunit ies from suit or f rom l iabi li ty that the parties have byoperation of law. Nothing in this ILA is intended to benefit any third party beneficiary.13. COMPLIANCE WITH LAWS AND VENUEIn providing Services required by this ILA, UNTHSC must observe and comply with allapplicable federal, State, and local statutes, ordinances, rules, regulations, grant requirements,licenses, legal certifications, or inspections required for the Services, facilities, equipment, ormaterials, including, without limitation, the COOlS standards for Forensic DNA testinglaboratories. This ILA shall be governed by Texas law.14. AMENDMENTS AND CHANGES IN THE LAWNo modification, amendment, novation, renewal or other alteration of this ILA shall be effectiveunless 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 Statelaw are automatically incorporated herein without written amendment to this ILA and shal l beeffective on the date designated by said law.15. ENTIRE AGREEMENTThis ILA, including all Exhibits and attachments, constitutes the entire agreement between theparties hereto and supersedes any other agreement concerning the subject matter of thistransaction, whether oral or written.16. BINDING EFFECTThis ILA and the respective rights and obligations of the parties hereto shall inure to the benefitand be binding upon the successors and assigns of the parties hereto, as well as the partiesthemselves.17. GOVERNMENT FUNDED PROJECTIf ILA is funded in part by either the State of Texas or the federal government, the UNTHSCagrees to timely comply without additional cost or expense to County, unless otherwisespecified herein, to any statute, rule, regulation, grant, contract provision or other State orfederal law, rule, regulation, or other similar restriction that imposes additional orrequirements than stated herein and that is directly applicable to the Services rendered underthe terms of this ILA.18. DEFAULT/CUMULATIVE RIGHTS/MITIGATIONIt is not a waiver of default if the non-defaulting party fails to immediately declare a default ordelays in taking any action. The rights and remedies provided by this ILA are cumulative, andILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010 6


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either party's use of any right or remedy will not preclude or waive its right to use any otherremedy. These rights and remedies are in addition to any other rights the parties may have bylaw, statute, ordinance or otherwise. UNTHSC and County have a duty to mitigate damages.19. FISCAL FUNDING CLAUSENotwithstanding any provisions contained herein, the obligations of the County under this ILAare expressly contingent upon the availability of funding for each item and obligation containedherein for the term of the ILA and any extensions thereto. UNTHSC shall have no right of act ionagainst County in the event County is unable to fulfill its obligations under this ILA as a result oflack of sufficient funding for any item or obligation from any source utilized to fund this ILA orfailure to budget or authorize funding for this ILA during the current or future fiscal years. In theevent that County is unable to fulfill its obligations under this ILA as a result of lack of sufficientfunding, or if funds become unavailable, County, at its sole discretion, may provide funds from aseparate source or may terminate this ILA by written notice to UNTHSC at the earl iest possibletime prior to the end of its fiscal year.20. COUNTERPARTS, NUMBER/GENDER AND HEADINGSThis 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 thisILA shall be held and construed to include any other gender any words in the singular shallinclude the plural and vice versa, unless the context clearly requires otherwise. Headingsherein are for the convenience of reference only and shall not be considered in anyinterpretation of this ILA.21. INDEPENDENT CONTRACTORUNTHSC, 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 ownacts, forbearance, negligence and deeds, and for those of its agents or employees inconjunction with the performance of work covered under this ILA.22. SUBCONTRACTINGUNTHSC may not enter into agreements with subcontractors for delivery of the designatedServices outlined in this ILA without prior written consent of the County, which consent shall notbe unreasonably withheld. The costs of all subcontracted services are included in the fees paidherein. Subcontracts, if any, entered into by the UNTHSC will be in writing and subject to allrequirements herein. UNTHSC agrees that it will solely be responsible to County fo r theperformance of this ILA. UNTHSC shall pay all subcontractors in a timely manner. County shallhave the right to prohibit UNTHSC from using any subcontractor.23. ASSURANCESA. Professional Quality. UNTHSC warrants to County that all materials and Services will beof professional quality conforming to generally accepted practices, and that all Servicesprovided under this ILA will be performed in a manner consistent with that degree ofcare, qualification and skill ordinarily exercised by members of the same professioncurrently practicing under similar circumstances. If there are no applicable or recognizedprofessional standards in the applicable area or areas of expertise required to performsuch Services, then UNTHSC will perform all Services in a good and professionalILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010 7


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manner that meets County's goals and objectives as stated herein as well as otherwiseadds value to and/or improves the performance of County's expectations, objectives andpurposes as stated in this ILA. Any work that is determined by County to be less thanprofessional quality will be corrected without charge. This warranty extends for ninety(90) business days past termination or expiration of this ILA. This warranty is l imited torework of the unsatisfactory product without change to the original specifications andwithout 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 - LaboratoryAccreditation Board (ASCLD-LAB) or Forensic Quality Services International under therequirements of ISO/IEC 17025 and must be in full compliance with the FBI Director 'sQuality Assurance Standards for Forensic Laboratories..24. SIGNATORYWARRANTYThe undersigned signatories for the parties hereby represent and warrant that they are officersof their respective organizations for which they have executed this ILA and that they have fulland complete authorities to enter into this ILA on behalf of their respective organizations andthat the executions thereof are the acts of the parties involved and have been delivered andconstitute legal, valid and binding obligations of the respective parties.

EXECUTED THIS 20th

inda BolesActing Purchasing Agent

Chief, Civil DivisionAssistant District Attorney

April

UNTHSC:\. 5.... /-.. t - -' ,1 ...11-BY: Steve ussellExec. VP: Finance & AdministrationBy: Glenn Dillon, Ph.D.Vice President for Research

*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 documentwas conducted solely from the legal perspective of our client. Our approval of this document was offered solely forthe benefit of our client. Other parties should not rely on this approval, and should seek review and approval by theirown respective attorney(s).



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EXHIBIT A: SCOPE OFWORK

University of North Texas Health Science CenterCenter fo r Human Identification3500 CampBowie BlvdFort Worth, TX 76107The following charges shall apply if no applicable grant funding is available fo r the servicesunder this ILA.

Service

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)

$1500 per day per individual plus travel expenses

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

Priceper Item

$300$150$300

$500$750$300

$500$750$300

$500$750


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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 thecase.Serology report fo r questioned blood or semen stains must be submitted with each case unlessserology work is to be conducted by the University of Texas Health Science Center "UNTHSC IJ ) .DNA extractions must be performed at UNTHSC. The UNTHSC laboratory strongly advises thatall analyses associated with a given sample be conducted by the same laboratory. Transferringextracts 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) wereconsumed during previous analyses. If accepted, outside extracts must be submitted with anassociated reagent blank sample and human specific quantification data (preferably an AppliedBiosystems Quantifiler or Quantifiler Duo assay). An additional charge for DNA quantificationmay 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 plusadditional fees fo r each technology utilized.For example:Questioned blood stain fo r autosomal STR analysis with Applied Biosystems Identifiler system:= $500 fo r extraction/quantification + $500 fo r STR analysis = $1000 total. If additional Yfilertesting is required on the same sample an additional $500 will be charged fo r a total cost of$1500.Questioned semen positive vaginal swab for autosomal STR analysis:= $750 fo r differential extraction/quantification + $750 fo r STR analysis of both the epithelialand sperm fraction =$1500 total.UNTHSC will strive in every instance to only recommend and perform analyses that are likely toyield reportable DNA results. Laboratory staff are available to guide investigators andsubmitting in most samples; most... ,.. ',,,,,'10' repor...... I-.I"" r ' \l\i 1\ r"""... '1"'''''' and the most ......... I'O...rl...te technolosies fo r the .....mple e- beingU y t::: 1 t::: U l lC lU It :: : U I ' IM . t:::;:)u I .; :) CI 1 1.1 I U;:)I. ClI- ' IJ I IJ CI t::: 1.t:::\"'11I1 v5 ;:) I LII;:)O I ;:) u t : : : 1

Forensic paternity casesmust include sample for the biological mother. Exceptions can bemade fo r extenuating circumstances. Known blood or buccal swabs will be charged atreference sample prices. Fetal material or products of conception will be charged at theEXHIBIT A: SOWILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010 2


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standard evidentiary rate. Fetal material lessthan eight weeks gestational age will be chargedat 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 fo r mitochondrial DNA analysis.A trace report confirming both human origin and probative value of the questioned hair(s) mustbe submitted with each case. This analysismust be performed by a qualified hair examiner.DNAextraction of hair samples must be performed at UNTHSC. Hair DNA extracts from otherlaboratories will not be accepted.The prices listed are all inclusive covering both DNA extraction and mitochondrial HVl and HV2analysis.Turn-Around Times:Typical turn-around times for nuclear DNA casework are 4 to 6 weeks from case start to casecompletion. Typical turn-around times fo r mitochondrial DNA casework are 6 to 8 weeks fromcase start to case completion. Ultimately turn around time is dependent on the total numberand quality of the samples submitted.

EXHIBIT A: SOWILA FOR DNA ANALYSIS BTW COUNTY AND UNIV. OF N. TX - 2010 3

04 20 2010 eisenberg contract

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