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HomeMy WebLinkAboutContract 50556-A5 CSC NO. 50556-A5 AMENDMENT NO. 5 TO CITY SECRETARY CONTRACT NO. 50556 PROFESSIONAL SERVICES AGREEMENT This Amendment is made between the City of Fort Worth ("City"), a home-rule municipal corporation, acting herein by and through Jesus J. Chapa, its duly authorized Deputy City Manager and Bode Cellmark Forensics, Inc. ("Vendor"), a Delaware corporation owned by MLC Holdings, LLC, acting herein through Mike Cariola, its duly authorized Chief Executive Officer, each individually referred to herein as a "party" and collectively referred to as the "parties." WHEREAS, the Parties previously entered into City of Fort Worth City Secretary Contract No. 50556 (the "Contract"), with an effective date of February 1, 2018 and an expiration date of January 31, 2019; and WHEREAS, the Contract is for the provision of professional services, namely DNA testing of biological material in cold cases and active cases; and WHEREAS, the current term of the Agreement is for a period of one year beginning February 1, 2021; and WHEREAS, the Agreement includes automatic renewals for up to four one-year renewal periods; and WHEREAS, the City and Vendor now wish to amend the original Contract to amend Exhibit B to include a 4.5%price increase. NOW, THEREFORE, City and Vendor, acting herein by the through their duly authorized representatives, enter into the following agreement to amend the contract: 1. Section 3.0 Compensation (Page 1 of the Contract) is amended to read as follows: City shall pay Contractor in accordance with the revised fee schedule of services and tests under this Agreement in accordance with the provisions of this Agreement and Revised Exhibit "B," —Cost Schedule. Total payments made under this Agreement by City shall not exceed the amount of$220,203.80 per year. Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 2. Amendment No.5 to CSC No.50556 Pagel of2 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX All other provisions of the Contract which are not expressly amended herein shall remain iri full force and'6ffecf. - Executed on this the day of , 2021. ACCEPTED AND AGREED: - FROA WORTH CONTRACT COMPLIANCE MANAGER: By signing I aeknowledge that I am the person responsible for the monitoring and administration of this contract, including -ensuring allperformance and--reporting'-----apa requirements. y Manager �By: SAKane(�Fe�.702109:33 CST) OMMENDED: Name: Sasha Kane Title: Sr. Contract Compliance Specialist NeilNoakes APPROVED AS TO FORM AND By Neil Noakes(Feb 25,202115:09 CST) LEGALITY: Name: Neil Noakes //? Title: Chief of Police By: 77- — - - - - ag4FORrIl�a ATTEST: p�►F°°°°°°°°°�J•Od�d Title: Assistant City Attorney ° Q ° o Y 0,u o =d CONTRACT AUTHORIZATION: o Name: Mary J. Kayser �O� o°°°°°°°°°°°o p� M&C: 20-0967 Title: City Secretary aaa TEXA, o Date Approved: 10/15/2020 a Form 1295 Certification No.: 2020-652634 BODE CELLMARK FORENSICS,INC. By: Name. Mike Cariola -- -- -Title:--CEO=and-President-_- Amendment No.5 to CSC No.50556 Page 2 of 2 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX REVISED EXHIBIT B COST SCHEDULE Test Standard Ms Y STRs Unit Serology only(nothing suitable for DNA testing) $360.53 per sample Serology and Short Tandem Repeat(STR) or Y-chromosome Short Tandem Repeat (Y-STR)DNA testing cost per sample (including all appropriate controls): Evidentiary sample(e.g. contact DNA, blood, saliva); $621.78 $726.28 per sample Sample requiring differential extraction; $726.28 $830.78 per sample Reference(known)sample; $412.78 $412.78 per sample STR or Y-STR cost for testing a previously extracted sample(with reagent blank) $621.78 $726.28* per sample Discontinuing processing after quantitation $308.28 $308.28 per sample Rush testing 5 business days $1201.75 $1515.25 add per sample 10 business days $1097.25 $1410.75 add per sample 15 business days $992.75 $1306.25 add per sample $940.50 per day per expert Testimony Cost witness,plus lodging,meals and travel expenses *$360.53 if sample was initially processed for STRs and subsequent Y-STR is requested on the Bode Cellmark extract. Contract for DNA Testing Bode Cellmark Forensics, Inc.Amendment 5 Official City Council Agenda ❑® DATE: 12/15/2020REFERENCE **M&C 20- LOG NAME: 35DNA OUTSOURCING NO.: 0967 AMENDMENT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL)Authorize Execution of an Amendment to Increase the Professional Services Agreements, City Secretary Contract No. 50326 and 50556, with DNA Labs International and Bode Cellmark Forensics, Inc. for DNA Outsourcing by$707,099.00 for a New Annual Amount of$1,101,019.00 RECOMNIENDATION: It is recommended that the City Council authorize the execution of a second amendment to the Professional Services Agreements with DNA Labs International and Bode Cellmark Forensics, Inc. to increase compensation by $707,099.00 for a new annual amount of$1,101,019.00 for the Police Department. DISCUSSION: The Police Department utilizes vendor laboratories to supplement the work performed by the Fort Worth Police Department Crime Lab. Currently, the Crime Lab has professional service contracts with two laboratories, DNA Labs International and Bode Cellmark Forensics, Inc. Both vendors are accredited to ISO-17025 standards, adhere to the Federal Bureau of Investigation's (FBI) Quality Assurance Standards for Forensic DNA Testing Laboratories, and employ personnel which are licensed by the Texas Forensic Science Commission. The vendor laboratories perform biological evidence examinations and DNA testing services on Fort Worth Police Department cases which are outsourced by the Crime Lab. Examples of services offered include serological analysis, male screening of sexual assault kits, short tandem repeat (STR)testing, and Y chromosome short tandem repeat (Y STR)testing. Outsourcing is beneficial to the City of Fort Worth because it helps decrease the existing backlog of cases that require DNA processing, including violent offenses such as sexual assaults and homicides. Much of Crime Lab's DNA outsourcing is made possible through funding from the Bureau of Justice Assistance Capacity Enhancement and Backlog Reduction grants which have been awarded to the Crime Lab each year since 2013. In September 2020, Police Department staff brought forth, and City council approved, Mayor and Council Communication (M&C) 20-0728 which authorized the first amendment to City Secretary Contract No. 50326 with DNA Labs International and City Secretary Contract No. 50556 with Bode Cellmark Forensics, Inc. to increase the agreements by $293,920.00. The increased amount was requested due to the receipt of two grant awards in the amount of$148,044.00 and$145,876.00. After Council approved M&C 20-0728, the City was awarded two additional grants in the amount of$392,394.00 and$200,000.00 for DNA Outsourcing. Additionally, staff requests budget modifications to previous DNA services related grants from fiscal years 2018, 2019, and 2020 in the amounts of$22,875.00, $25,350.00, and$26,480.00, respectively. The requested modification will move funds previously allocated as travel funds to the above mentioned contracts for additional DNA outsourcing. Finally, staff requests an additional allocation of $40,000.00 in funds previously marked for Property Connect Improvements to be re-allocated for additional DNA Outsourcing under these contracts. In total, the City is requesting Council authorize the execution of a second amendment to increase the Contracts by $707,099.00 for a new annual amount of$1,101,019.00 for DNA outsourcing. The agreements may be renewed for four additional one-year terms. The renewal action will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal terms. The DNA outsourcing serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Grants Operating Federal Fund to support the approval of the above recommendation and execution of the amendment. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference# Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by Jay Chapa(5804) Originating Department Head: Ed Kraus (4231) Additional Information Contact: Ed Kraus (4231) ATTACHMENTS