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HomeMy WebLinkAboutContract 44566c��'y�sEc/���,rr^� ��� � � �, � ��, V tl IIYP'OV/ g 0 V�v Rmc.m STATE OF TEXAS COUNTY OF TARRANT . KNOWN ALL BY THESE PRESENTS: This Contract is entered into by and between the City of Fort Worth ("City"), a home-rule municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting through Charles W. Daniels, its duly authorized Assistant City Manager, and the University of North Texas Health Science Center ("University"). City and University may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH: That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1. SERVICES University hereby agrees to perForm as an independent contractor the services set forth in the Scope of Work attached hereto as Attachment "A". ARTICLE 2. COMPENSATION Section 1. Payment shall be in accordance with the Fee Sche�+ule attached hereto as Attachment "B". Unless agreed in a duly authorized amendment to this contract, payment is not to exceed one hundred forty eight thousand, two hundred dollars ($148,200.00). In accordance with state law, all expenditures by the City are subject to the availability of adequate funds and appropriation by the City Council. Section 2. Invoice and Payment. The University shall provide monthly invoices to the City. Invoices shall contain an accurate description of the unit services, the date each service was rendered (i.e. mosquito trapping sample, weekly report, or lab sample), the unit price, and the total cost for services rendered for the invoice period. Professional Services Contract UNT-HSC-West Nile Virus Study t�ECEIVE� JUN 1�'lUi� ��__�_ _ - �-- OFFICIAL RECOftD �ITY SC�R���itY , ,, �T^ ����ag�e 11� of 1�5 Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of University's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. University shall receive no additional compensation for work delays or hindrances except when direct and unavoidable extra costs to the University are caused by the City's gross negligence. ARTICLE 3. TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution. In addition, the term may be extended by a duly authorized, written agreement by the parties, for up to two (2) additional one-year terms. ARTICLE 4. INDEPENDENT CONTRACTOR University shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. University shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and atl persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and University, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and University. ARTICLE 5. PROFESSIONAL COMPETENCE AND INDEMNIFICATION Work performed by University shall be perFormed in accordance with the reasonable and professional standard of care exercised by professionals performing similar work and shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approvals issued by the City or another entity shall not constitute or be deemed to be a release of the responsibility and liability of University or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Professional Services Contract Page 2 of 15 UNT-HSC-West Nile Virus Study ARTICLE 6. INTELLECTUAL PROPERTY Section 1. Rights in data. The City shall have unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract. Contractor may use the data for intellectual and scholarly activities with the permission of the City. Section 2. Intellectual property rights and ownership. All work product developed by University under this contract shall be the sole property of the City and the City shall have unlimited rights in such work product. All work product developed by University under this contract and rights, title, and interests to all intellectual property shall vest in the City. Contactor affirmatively, by executing this contract, disclaims all such intellectual property interests in favor of the City. In the event that any rights, title, or interest shall by operation of law or otherwise fail to vest in the City or become void or voidable, Contractor shall a) transfer all rights, title, and interest to intellectual property to the City; or alternatively and at the discretion of the City the Contractor shall b) grant an unlimited license for publication, sale, reproduction, or use by the City and its authorized sublicensees of all intellectual property developed under this contract. Contractor agrees to timely execute any documents or take any other actions as may reasonably be necessary, or as the State may reasonably request, to perfect the State's ownership, license, or other rights to any work product. Contractor shall not use, sell, transfer, or authorize a third party to use any work product, copyrights, trademarks, or other intellectual property (or derivatives thereofl of the work product developed under this contract without the express written consent of the City. ARTICLE 7. INDEMNIFICATION Section 1. General Indemnification. TO THE EXENT PERMITTED BY THE CONSTITUTION AND �AWS OF THE STATE OF TEXAS, UNIVERSITY DOES HEREBY RELEASE, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION WHICH MAY ARISE DUE TO ANY LOSS OR Professional Services Contract Page 3 of 15 UNT-HSC-West Nile Virus Study DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, AND/OR DEATH, OCCURRING AS A CONSEQUENCE OF THE UNIVERSITY'S OPERATIONS, WHEN SUCH INJURIES, DEATH, OR DAMAGES ARE CAUSED BY THE SOLE NEGLIGENCE OF UNIVERSITY, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS, OR THE JOINT NEGLIGENCE OF UNIVERSITY, ITS OFFICERS, AGENTS, EMPLOYEES, OR CONTRACTORS AND ANY OTHER PERSON OR ENTITY. Section 2. Environmental Indemnification. TO THE EXENT PERMITTED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, UNIVERSITY DOES HEREBY RELEASE, INDEMNIFY, DEFEND, REIMBURSE, AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES, AGAINST ANY AND ALL ENVIRONMENTAL DAMAGES OF ANY KIND AND ALSO THE VIOLATION OF ANY AND ALL ENVIRONMENTAL STANDARDS (INCLUDING STRICT LIABILITY), LAWS, OR REQUIREMENTS WHEN SUCH ENVIRONMENTAL DAMAGES OR VIOLATION OF ENVIRONMENTA� REQUIREMENTS ARE THE RESULT OF THE ACT OR OMISSION OF UNIVERSITY, ITS OFFICERS, AGENTS, EMP�OYEES, OR CONTRACTORS, OR THE JOINT ACT OR OMISSION OF UNIVERSITY, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, OR ANY OTHER PERSON OR ENTITY. Section 3. Upon learning of a claim, lawsuit, or other liability which University is required hereunder to indemnify, City shall provide University with reasonable timely notice of same. All Contractors and subcontractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the Contractors or subcontractors herein. The obligations of the University under this paragraph shall survive the expiration or termination of this Agreement and the discharge of all other obligations owed by the parties to each other hereunder. ARTICLE 8. INSURANCE Section 1. Insurance coverage and limits Professional Services Contract Page 4 of 15 UNT-HSC-West Nile Virus Study The University certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. Prior to commencing work, the University shall deliver to. City, certificates documenting this coverage. The City may elect to have the University submit its entire policy for inspection. 1. University, as an agency of the State of Texas, is insured for general liability insurance under a self-insurance program covering its limits of liability. The parties agree that such self-insurance by University shall, without further requirement, satisfy all insurance obligations of University under this Agreement. Section 2. Additional Insurance Requirements 1. The City shall not be responsible for the direct payment of any insurance premiums required by the contract. It is understood that insurance cost is an allowable component of University's overhead. 2. All insurance required above shall be written on an occurrence basis in order to be approved by the City. 3. Subcontractors to the University shall be required by the University to maintain the same or reasonably equivalent insurance coverage as required for the University. When subcontractors maintain insurance coverage, University shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by University of the contract. ARTICLE 9. LICENSES AND PERMITS University certifies that on the day any work is to commence under this contract and during the duration of the contract it shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. University also certifies that if it uses any subcontractor in the performance of this contract, that such subcontractor shall have and maintain all of the current, valid, and appropriate federal, state, and local licenses and permits necessary for the provision of services under this contract. Professional Services Contract Page 5 of 15 UNT-HSC-West Nile Virus Study ARTICLE 10. TRANSFER OR ASSIGNMENT City and University each bind themselves, and their lawful successors and assigns, to this Agreement. University has been engaged as a consequence of University's specific and unique skills; Assignment will only be granted under unusual circumstances and at the sole discretion of the City. University, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. ARTICLE 11. RIGHT TO AUDIT a) University agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of University involving transactions relating to this Agreement. University agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give University reasonable advance notice of intended audits. b) University further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting contractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give University and any subcontractor reasonable advance notice of intended audit. c) University and subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse University for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE 12. BUSINESS DIVERSITY ENTERPRISE (BDE) PARTICIPATION In accordance with the City's Business Diversity Enterprise (BDE) Ordinance No.20020-12-2011, the City has established goals for the participation of BDEs in City contracts. Unless a waiver of DBE goals has been authorized by the City, University hereby acknowledges the BDE goals established in the Contract Professional Services Contract Page 6 of 15 UNT-HSC-West Nile Virus Study Documents for this project and affirms its contractually enforceable agreement to achieve those goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. ARTICLE 13. NON-DISCRIMINATION During the performance of this contract, University shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. University agrees not to discriminate against any employee or applicant for employment because of because of age, race, color, religion, sex, disability, national origin, sexual orientation, transgender, gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff, recall, termination of employment, promotion, demotion, transfer, compensation, employment classification, training and selection for training or any other terms, conditions or privileges of employment. University agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non- discrimination clause. University also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that University is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance, with federal law, rule or regulation shall be deemed sufficient for the purpose of ineeting the requirements of this section. ARTIC�E 14. OBSERVE AND COMPLY University shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. To the extent permitted by the constitution and laws of the State of Texas, University agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising Professional Services Contract Page 7 of 15 UNT-HSC-West Nile Virus Study out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 15. DEFAULT If at any time during the terms of this contract, the work of the University fails to meet the specifications of the contract or to meet the standards of duty, care, or proficiency of a reasonable and competent professional, City may notify the University of the deficiency in writing. Failure of the University to correct such deficiency and complete the work required under this contract or a Task Order to the satisfaction of the City within ten (10) days after written notice shall constitute default, and shall result in termination of this contract. University shall not be deemed to be in default because of any failure to perform under this contract if the failure arises solely from causes beyond the control of the University and without any fault or negligence by the University. Such causes shall include acts of God, acts of war or terrorism, fires, floods, epidemics, quarantine restrictions, labor strikes, freight embargoes, and events of unusually severe weather. ARTICLE 16. TERMINATION Either Party may terminate this contract without cause by giving thirty (30) days written notice to the other Party. City shall pay University for all services performed prior to the termination. Termination shall be without prejudice to any other remedy the Parties may have. All data and completed or partially completed documents prepared under this contract shall be promptly turned over to the City upon termination of this contract. ARTICLE 17. VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTIC�E 18. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have Professional Services Contract Page 8 of 15 UNT-HSC-West Nile Virus Study reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 19. HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE 20. COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. ARTICLE 21. SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ARTICLE 22. RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to University constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist, on the part of University, and the making of any such payment by the City while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the City with respect to such breach or default. Any waiver by either party of any provision or condition of the contract shall not be construed or decreed to be a waiver of any other provision or condition of this Contract, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver is expressed in writing by the party to be bound. The remedies provided for herein are in addition to any other remedies available Professional Services Contract Page 9 of 15 UNT-HSC-West Nile Virus Study to the City elsewhere in this contract and by law. ARTICLE 23. NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to the City: City of Fort Worth Scott Hanlon, Assistant Director Code Compliance Department 1000 Throckmorton Street Fort Worth, Texas 76102-6311 If to the University: University of North Texas Health Science Center Richard Kurz, Dean, School of Public Health 3500 Camp Bowie Boulevard Fort Worth, Texas 76107 .- . C_'C' � ' • University represents that it will perform all services under this Contract in a professional, lawful, safe, and efficient manner and in full compliance with all applicable state and federal laws governing its activities and is under no restraint or order which would prohibit performance of services under this Contract. ARTICLE 25. NO THIRD-PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE 26. ENTIRETY This contract and any other documents incorporated by reference herein are binding upon the parties and contain all the terms and conditions agreed to by the City and University, and no other contracts, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. In the event of any conflict between this contract Professional Services Contract Page 10 of 15 UNT-HSC-West Nile Virus Study and any other contract documents, then the terms of this contract shall govern. Limitations. University is subject to constitutional and statutory limitations on its ability to enter into certain terms and conditions of the Agreement, which may include those terms and conditions relating to: liens on University property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers, and limitations on legal rights, remedies, requirements, and processes; limitations of time in which to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorney's fees; dispute resolution; indemnities; and confidential information. Terms and conditions relating to these limitations will not be binding on University, except to the extent not prohibited by the Constitution and the laws of the State of Texas. Remainder of page left blank intentionally Professional Services Contract Page 11 of 15 UNT-HSC-West Nile Virus Study ATTACHMENT A. SCOPE OF WORK Contractor will furnish all labor, materials and equipment necessary to perform the services described below: • Mosquito Surveillance - Trapping and Processing • Mosquito Sample Data — Analysis and Reporting • West Nile Virus Testing — Supplemental Mosquito Surveillance - Trapping and Processinq: a. Weekly Surveillance - The University is responsible for conducting mosquito surveillance activities and reporting outcome of the activities to the City on a weekly basis. b. Methodology — In order to estimate the risk of WNV exposure, appropriate areas in the City will be selected as fixed mosquito- trapping sites. In order to collect information on the abundance of the vector mosquito population and the proportion of WNV infected mosquitoes in that population, up to 60 traps will be set and attended by the University every week from May through October (up to 26 weeks). c. All the collected information will be recorded in pre-made mosquito trapping and WNV testing forms and transferred to the electronic database system. Every week the University will communicate with the City and provide the estimated WNV exposure risk along with a recommendation for appropriate responses to the estimated risk. II. Mosquito Sample Data - Analysis and Reportinq: a. Weekly Sample Result Analysis — The University is responsible for the analysis of all weekly collected mosquito sample results. b. Weekly Sample Result Report — The University is responsible for the reporting of the mosquito sample results in a suitable format to the City's representative. III. West Nile Virus (WNV) Laboratory Testing - Supplemental:_ The City currently partners with the Tarrant County Public Health Laboratory. By reason of the County's existing municipal partnerships and laboratory capacity it provides a limited number (45 samples) of weekly Professional Services Contract Page 12 of 15 UNT-HSC-West Nile Virus Study WNV testing samples for the City. Therefore, the University will be responsible for providing supplemental WNV laboratory testing for the City to supplement the capacity provided by Tarrant County. This supplemental lab testing, designed to determine whether a mosquito tests positive for WNV, will be provided by the University as needed during the peak months (June, July, and August) of the WNV season. IV. Period of Scope of Work: Unless specifically described above or mutually agreed otherwise, the University will provide these services from the third week of May through October. Remainder of page left blank intentionally Professional Services Contract Page 13 of 15 UNT-HSC-West Nile Virus Study ATTACHMENT B. FEE SCHEDULE The University shall be compensated for services rendered in accordance with this contract on a per unit basis, subject to the contract not-to exceed cost, as specified in the fee schedule below: SERVICE UNIT OF FEE PER ANTICIPATED CONTRACT SERVICE SERVICE UNIT VOLUME COST Mosquito Trapping Per mosquito 60 per week and Processing: trapping sample $75.00 for 26 weeks �117,000.00 (Cost to conduct mosquito surveillance in Fort Worth which includes: trapping and processing of mosquito pool sam les Mosquito Sample Result Per weekly $500.00 26 weekly $13,000.00 Analysis: report reports (Cost to analyze data and provide City of Fort Worth with weekly reports and recommendations) Laboratory Testing Per lab sample $35.00 20 per week $18,200.00 for 26 weeks (Cost to provide supplemental laboratory testing services as needed Contract Total $148,200.00 Professional Services Contract Page 14 of 15 UNT-HSC-West Nile Virus Study � SIGNATURE PAGE IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals on the dates written below, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH . harles W. Daniels As is ant City Manager Date Signed: �L . /�$. /3 RECOMMENDED: ,� / �� �������iiz Scott Hanlan �� Assistant Director UNIVERSITY OF NORTH TEXAS H TH SCI CE CENTER Richa d Kurz, PhD Dean, School of P�bli��-IeaJt�., Date Signed: ' � ��� Tho " rio, PhD � J � Pro s xec.VP f r cademic Affairs Da� i � : � � / �3 J'hn . Harman, MBA, CPA, CGMA, CMPE S io VP for Fin nc � CF Date igned: d HSC Contract # 15741 Witness APPROVED AS TO FORM AND LEGALITY: Vl. Arthur N. Bashor Assistant City Attorney ATTEST: - � Mary J. Kayse City Secretary Seal: i� o= q�'`\` d ������� o�� n �Q F �oaoo�Q°° �< �aCA�...��` �...�-- � �-� ��frcra� RE�nR� �ITi� SE�R�TARY Fq, MlOR'���'TX � _-- --- - __ Professional Services Contract Page 15 of 15 UNT-HSC-West Nile Virus Study M&C Review � � � '� ` � � � � x U. r � � � . c.� ��� w , � �, � � � � � ,� �� Page 1 of 2 Official site of the Csty oP Fo�t N!c>ith, Texas �C��i �r�'(3��11 ,. ., ,.,u,... �-�.,.. .o._. ���,..�,� .�.<� ,. ��a�,, �� � �. ��� ,, �,.�,, .. .,. A v_.�wr._p..... . _, �.._�.� COUNCIL ACTION: Approved on 6/4/2013 - Ordinance No. 20788-06-2013 k .,. _ . -c� ,r :.4x .. r_^,. .. ;.. ... .., �.. ::'.:.. ., Ma„ �: ��, ry .:. , .: , .�,.w ., . r, .r .m. .. ..,„ ,.. ,.r� .-.N...... ,..... . ., ..�,._ . ,x-�,... _,. ..... . ..w, s « r.,. F..... . _ ., ., , e..rd . --. ._ ..� ....� �... .>.< ., ,..... � dr � � uc DATE: 6/4/2013 REFERENCE C-26299 NO.. CODE: C TYPE: NON- CONSENT LOG NAME: PUBLIC HEARING: 23UNTHSC/WNV MOSQUITO SURVEILLANCE NO SUBJECT: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund in the Amount of $148,200.00 and Decreasing the Unassigned General Fund Balance by the Same Amount and Authorize Execution of a Professional Services Agreement with the University of North Texas Health Science Center for West Nile Virus Mosquito Surveillance and Supplemental Laboratory Testing Services in the Amount Not to Exceed $148,200.00 (ALL COUNCIL DISTRICTS) t�, r ��,���..,��� ��.� �u.�...�,�. � e ��� .�:���,��a����ra��:��� ��.�w� w�,� ��:� �4b��:���� �.M�„�-: . ��.��_��z �.,.�.,�,����.. wti:�,, r.�.��� RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund in the amount of $148,200.00 and decreasing the unassigned Generai Fund Balance by the same amount; and 2. Authorize the execution of a Professional Services Agreement with the University of North Texas Health Science Center to enhance the City's mosquito surveillance effort to reduce the risk of human exposure to the West Nile Virus in the amount not to exceed $148,200.00. DISCUSSION: Since 2009, the City has not had a mosquito surveillance program which systematically collected mosquito samples in Fort Worth for further testing by Tarrant County Public Health (TCPH). Because of budgetary reasons and the historic low risk to human exposure to the virus, the mosquito surveillance program was eliminated. In 2012, Tarrant County Public Health reported a total of 81 human cases and 4 deaths due to West Nile Virus (WNV) in Fort Worth. The 2012 epidemic caught many jurisdictions in the North Texas region by surprise, which like Fort Worth, had reduced or eliminated their mosquito surveillance programs. This limitation weakened the City's ability to respond to the needs of our community. Since the outbreak, some experts have generally agreed that WNV surveillance system in the region, particularly in Tarrant County, has not produced data for scientific analyses that allows the cities and counties to plan and respond to WNV before an epidemic occurs. With that in view, Staff has researched and discussed options with the public health community and vector disease experts in our region to develop a WNV response plan which includes a comprehensive science based mosquito surveillance program. The 2013 WNV response plan includes a partnership between the City and University of North Texas Health Science Center (University) at a cost not to exceed $148,200.00. It addresses the recognized weak points of the lack of a mosquito surveillance program and enhances evidence-based WNV responses. A summary of the scope of work that the University will provide is highlighted below: Mosquito Surveillance -(Trapping and Processing of Mosquitoes) the University partner will be responsible for conducting mosquito surveillance activities and reporting outcome of the activities to the City on a weekly basis for proper response. Mosquito Sample Data -(Analysis and Reporting) the University partner will be responsible for the http:Uapps.cfwnet.org/council�acket/mc review.asp?ID=18486&councildate=6/4/2013 6/21/2013 M&C Review analysis and reporting of the mosquito sample results to the City for proper response. Page 2 of 2 Supplemental West Nile Virus Laboratory Testing - The City will continue the partnership with the TCPH Laboratory (Lab). However, when lab samples reach a maximum submittal threshold, set by Tarrant County Lab, the University partner will be responsible for providing supplemental WNV testing. The 2014 WNV response plan has been incorporated into development of the Fiscal Year 2014 budget through an improvement package. RENEWAL OPTIONS: This contract may be renewed for up to two successive one-year terms at the City's option. Renewal may be effected by notice in writing by the City Manager, or his designee, to the contractor within 30 days of the expiration of the prior term. This action does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with M/WBE or BDE Ordinance, because the purchase of goods and services is from source(s) where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinances, funds will be available in the current operating budget of the General Fund. Upon approval, the unassigned fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. TO Fund/Account/Centers FROM Fund/Account/Centers 1) GG01 539120 0239004 $148,200.00 2) GG01 0539120 0239004 $148,200.00 Submitted for City Manager's Office by_ Originating De�artment Head: Additional Information Contact: Charles Daniels (6199) Brandon Bennett (6322) Scott Hanlan (7204) ATTACHMENTS 23UNTHSC WNV MOSQUITO SURVEILLANCE SOA13.doc http://apps.cfwnet.org/council�acicet/mc review.asp?ID=18486&councildate=6/4/2013 6/21/2013