HomeMy WebLinkAboutContract 52405 3
- CITY SECRETARY
CONTRACT NO. SAo 5
CIT FOr
CITY F*4,,Y r,
PROFESSIONAL SERVICES AGREEMENT
UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by
and between the CITY OF FORT WORTH("City"), a Texas home rule municipal corporation, acting by
and through Valerie Washington, its duly authorized Assistant City Manager, and the UNIVERSITY OF
NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH HEALTH SYSTEMS
("University"), an agency of the State,and on behalf of Joon Lee, Ph.D.,an employee of University but not
a party to this agreement, acting by and through its duly authorized representative, each individually
referred to as a"party"and collectively referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, B and C,which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B or C and
the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement
shall control.
1. SCOPE OF SERVICES.
This Agreement is for the purposes of providing mosquito surveillance and analysis and West Nile
virus testing services for the City. Exhibit"A,"- Scope of Services more specifically describes the services
to be provided hereunder.
2. TERM,
The term of this contract shall be for a period of twelve (12) months beginning from the date of
execution by the City Manager or authorized Assistant City Manager (the "Initial Term"). Upon the
expiration of the Initial Term, the contract shall be extended under the same terms and conditions for up to
four (4) one-year renewal periods, by duly authorized, written agreement by the parties, unless City or
Contractor provides the other party with notice of non-renewal at least 60 days before the expiration of the
Initial Term or renewal period.
3. COMPENSATION.
3.1 City shall pay University in accordance with the fee schedule of University personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and Exhibit
"B,"—Price Schedule. Total payment made under this Agreement by City shall be in an amount not to
exceed Two-Hundred and Twenty Thousand Dollars ($220,000.00) per year. University 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
Professional Services Agreement—UNT HSC Page 1 of 14
OFFICIAL. RECORD
CITY SECRETARY
FT. WORTH,TX
additional expenses of University not specified by this Agreement unless City first approves such expenses
in writing.
3.2 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.
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.
4. TERMINATION.
4.1.Written Notice.City or University may terminate this Agreement at any time and for any reason
by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder,City will notify University of such occurrence
and this Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the portions of the
payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay University for services actually rendered up to the effective date of
termination and University shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any
reason, University shall provide City with copies of all completed or partially completed documents
prepared under this Agreement. In the event University has received access to City Information or data as
a requirement to perform services hereunder, University shall return all City provided data to City in a
machine readable format or other format deemed acceptable to City.
5. DISCL.OSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. University hereby certifies to City that University has made full
disclosure in writing of any existing or potential conflicts of interest related to University's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
University hereby agrees to promptly make full disclosure to City in writing.
5.2 Confidential Information. University, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City("City Information")as confidential and shall
not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. University shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. University shall notify City promptly if the security or integrity of any City
Professional Services Agreement—UNT HSC Page 2 of 14
Information has been compromised or is believed to have been compromised, in which event, University
shall, in good faith, use reasonable efforts to cooperate with City in identifying what information has been
accessed by unauthorized means and shall fully cooperate with City to protect such City Information from
further unauthorized disclosure.
6. RIGHT TO AUDIT.
University agrees that City shall, until the expiration of three (3) years after final payment under
this agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine during normal business hours any directly pertinent books,documents,papers and
records, including, but not limited to, all electronic records, of University involving transactions relating to
this Agreement at no additional cost to City. University agrees that City shall have access during normal
working hours to all necessary University facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section.City shall give University
reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is understood and agreed that University shall operate as an independent contractor as to all rights
and privileges and work performed under this Agreement, and not as agent, representative or employee of
City. Subject to and in accordance with the conditions and provisions of this Agreement, University shall
have the exclusive right to control the details of its operations and activities and be solely responsible for
the acts and omissions of its officers, agents, servants, employees, consultants and subcontractors.
University acknowledges that the doctrine of respondeat superior shall not apply as between City, its
officers, agents, servants and employees, and University, its officers, agents, employees, servants,
contractors and subcontractors. University further agrees that nothing herein shall be construed as the
creation of a partnership or joint enterprise between City and University. It is further understood that City
shall in no way be considered a Co-employer or a Joint employer of University or any officers, agents,
servants,employees or subcontractors of University. Neither University,nor any officers,agents, servants,
employees or subcontractor of University shall be entitled to any employment benefits from City.
University shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers, agents, servants, employees or subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY — SUBJECT TO THE STATUTORY DUTIES OF THE ATTORNEY
GENERAL OF THE STATE OF TEXAS AND TO THE EXTENT PERMITTED BY THE
CONSTITUTIONAND LAWS OF THE STATE OF TEXAS, UNIVERSITY SHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS) OR OMISSION(S),MALFEASANCE OR INTENTIONAL MISCONDUCT OF
UNIVERSITY,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION — TO THE EXTENT PERMITED BY THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS, UNIVERSITY HEREBY COVENANTS
AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
Professional Services Agreement—UNT HSC Page 3 of 14
LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER
PROPERTYDAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO UNIVERSITY'S
BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF UNIVERSITY,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
ONLY TO THE EXTENT PERMITED BY THE CONSTITUTION AND LAWS OF THE STATE OF
TEXAS, CITY SHALL INDEMNIFY AND HOLD UNIVERSITY, SYSTEM, THEIR REGENTS,
OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM ANY LIABILITY OR LOSS
RESULTING FROM JUDGMENTS OR CLAIMS AGAINST THEM ARISING OUT OF THE
ACTIVITIES TO BE CARRIED OUT PURSUANT TO THE OBLIGATIONS OF THISAGREEMENT,
INCLUDING BUT NOT LIMITED TO THE USE BY CITY'S OF THE RESULTS, PROVIDED,
HOWEVER, THAT THE FOLLOWING IS EXCLUDED FROM CITY'S OBLIGATION TO
INDEMNIFYAND HOLD HARMLESS:
A. THE NEGLIGENT FAILURE OF UNIVERSITY TO SUBSTANTIALLY COMPLY
WITH ANY APPLICABLE GOVERNMENTAL REQUIREMENTS OR TO ADHERE
TO THE TERMS OF THE SCOPE OF SERVICES ATTACHED HERETO AS
EXHIBIT A; OR
B. THE NEGLIGENCE OR WILLFUL MALFEASANCE BY REGENT, OFFICER,
AGENT, OR EMPLOYEE OF UNIVERSITY OR SYSTEM.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. University shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and University under which the
assignee agrees to be bound by the duties and obligations of University under this Agreement. University
and Assignee shall be jointly liable for all obligations of University under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written
agreement with University referencing this Agreement under which subcontractor shall agree to be bound
by the duties and obligations of University under this Agreement as such duties and obligations may apply.
University shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
10.1 The University certifies it has,at a minimum,current insurance coverage as detailed below
and will maintain it throughout the term of this Agreement.
10.2 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.
Professional Services Agreement—UNT HSC Page 4 of 14
10.3 Additional Insurance Requirements. The City shall not be responsible for the direct
payment of any insurance premiums required by the agreement. It is understood that insurance cost is an
allowable component of University's overhead. All insurance required above shall be written on an
occurrence basis in order to be approved by the City.
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 agreement.
11. COMPLIANCE WITH LAWS.ORDINANCES.RULES AND REGULATIONS.
University agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations. If City notifies University of any violation of such laws,ordinances,rules
or regulations, University shall promptly desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
University, for itself, its personal representatives,assigns,subcontractors and successors in interest,
as part of the consideration herein, agrees that in the performance of University's duties and obligations
hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals
on any basis prohibited by law.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2)delivered by facsimile with electronic confirmation of the transmission, or(3) received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
To CITY: To UNIVERSITY:
City of Fort Worth University of North Texas Health Science Center
Attn:Valerie Washington,Assistant City Manager Office of Sponsored Programs
200 Texas Street Attn: Associate Director,Contracts
Fort Worth,TX 76102-6314 3500 Camp Bowie Boulevard
Facsimile: (817) 392-8654 Fort Worth,Texas 76107
OSPContracts@unthsc.edu
With copy to Fort Worth City Attorney's Office at
same address
14. RESERVED.
Professional Services Agreement—UNT HSC Page 5 of 14
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.The parties acknowledge that the University is an agency
of the State of Texas and under the Constitution and laws of the State of Texas possesses certain rights
and privileges and only has such authority as is granted to it under the Constitution and laws of the State
of Texas. Nothing in this Agreement is intended to be,nor will it be construed to be, a waiver of the
sovereign immunity of the State of Texas or a prospective waiver or restriction of any of the rights,
remedies,claims, and privileges of the State of Texas.
16. NO WAIVER.
The failure of City or University to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or University's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to 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.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and University shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
21. REVIEW OF AGREEMENT,
The parties acknowledge that each party has reviewed and revised this Agreement and that the
normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement or Exhibits A,B,and C.
Professional Services Agreement—UNT HSC Page 6 of 14
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS,
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT,
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and University, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. 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 one and the same
instrument.
25. REPRESENTATION OF SERVICES.
University certifies that its services will be of a professional quality and conform to generally
prevailing standards. City must give written notice of any breach of this certification within thirty(30)days
from the date that the services are completed. In such event, at University's option, University shall either
(a)use reasonable efforts to re-perform the services in a manner that conforms with the certification,or(b)
refund the fees paid by City to University for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
University shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, University shall certify to City that all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement has been properly collected and
verified as required for that employee's employment with University. University shall adhere to all Federal
and State laws as well as establish appropriate procedures and controls so that no services will be performed
by any University employee who is not legally eligible to perform such services. SUBJECT TO THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS, UNIVERSITY SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES,
OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY UNIVERSITY,UNIVERSITY'S
EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to
University, shall have the right to immediately terminate this Agreement for violations of this provision by
University.
27. OWNERSHIP OF WORK PRODUCT,
27.1 Rights in Data. The City shall have unlimited rights in all data delivered under this
agreement, and in all data first produced in the performance of this agreement. University may use the data
for intellectual and scholarly and educational activities, including but not limited to grant proposals.
Professional Services Agreement—UNT HSC Page 7 of 14
27.2 Intellectual Property Rights and Ownership All data, interim and final reports, and other
deliverables due under this agreement shall be the property of the City and the City shall have unlimited
rights in such data, except that derivative work using the data, such as research, publications, posters,
lectures, and seminars which are based upon the data shall be the property of the author.
University is granted an unlimited perpetual license to use the data for academic,educational, and research
purposes, including publication in scientific journals, but shall not otherwise use, sell,transfer, or authorize
a third party to use any work product,copyrights,trademarks,or other intellectual property developed under
this agreement without the express written consent of the City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby certifies that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of University whose name, title and signature is affixed
on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C". Each party is
fully entitled to rely on these certifications and representations in entering into this Agreement or any
amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
University shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of University or
authorized official must sign the letter. A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change,copy of the board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
30. LICFNSES AND PERMITS,
University certifies that on the day any work is to commence under this agreement and during the
duration of the agreement 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 agreement. University also
certifies that if it uses any subcontractor in the performance of this agreement,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 agreement.
31. 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;
Professional Services Agreement—UNT HSC Page 8 of 14
indemnities; and confidential information. Terms and conditions relating to these limitations will not be
binding on University,except to the extent authorized by the Constitution and the laws of the State of Texas.
i 3 dIN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
ay of&)kkyle ,2019.
(signature page follows)
Professional Services Agreement—UNT HSC Page 9 of 14
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
By.
this contract,including ensuring all performance and Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
Date: (P RN 4 By:
Name: Wyndie Turilien
APPROVAL RECOMMENDED: Title: Superintendent
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Elmer DePaula
Title: Assistant Director
Name: Matt Mu Ay,
ATTEST: Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
t
M&C: C-29108 05/0"1/1 cl
By:
N e: Mary dr, 7 ,
Form 1295 Certification No.:Not required
Title: City Sec t O:
UNIVERSITY: X� -'�f
UNIVERSITY OF NORTH TEXAS HEALTH ATTEST:
SCIENCE CENTER AT FORT WORTH
HEALT STEMS
l
By: t.0
By: Name: Dt<.Joon Lee
(��
a e: Andrea Anderson,JD Title: Principal Investigator
Title: Executive Director
Office of Sponsored Programs
Date: 05 k 31 I I a
Professional Services Agreement—UNT HSC Page 10 of 14
OFFICIAL RECORD
CITY SECR_TARP
FT'.WORTH,7X
EXHIBIT A
SCOPE OF SERVICES
University 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
I. Mosquito Surveillance - Trapping and Processing:
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 Reporting:
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 WNV testing samples for the
City. Therefore, the University will be responsible for providing supplemental
WNV laboratory testing for the City
Professional Services Agreement—UNT HSC Page I of 14
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.
Professional Services Agreement—UNT HSC Page 12 of 14
EXHIBIT B
PRICE SCHEDULE
As a policy of the Code Compliance Department the University shall retain indirect cost fees that are no
greater than 16% of the total cost and are included in (not in addition to) the unit and contract costs in
this 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 96 per week
and Processing: trapping sample $90.00 for 26 weeks $224,600.00
(Cost to conduct mosquito
surveillance in Fort Worth which
includes:trapping and processing
of mosquito pool samples)
This additional estimate includes
trapping for Zika response
Mosquito Sample Result Per weekly 00 26 weekly
Analysis: report $500. reports $13,000.00
(Cost to analyze data and
provide City of Fort Worth with
weekly reports and
recommendations)
Laboratory Testing Per lab sample $55.00 20 per week $28,600.00
for 26 weeks
(Cost to provide supplemental
laboratory testing services as
needed)
Total: (Not-to-exceedannualamount) $220,000.00
Note: Indirect costs retained by
the University shall not exceed
16%of the total billed.
Professional Services Agreement—UNT HSC Page 13 of 14
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
University of North Texas Health Science Center
3500 Camp Bowie Boulevard
Fort Worth,Texas 76107
University hereby agrees to provide City with independent audit basic financial statements,but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind University and to execute any agreement, amendment or
change order on behalf of University. Such binding authority has been granted by proper order,resolution,
ordinance or other authorization of University. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with University.
University will submit an updated Form within ten (10) business days if there are any changes to the
signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form
that has been properly executed by University.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Professional Services Agreement—UNT HSC Page 14 of 14
- N T" I HEALTH'
SCIENCE CENTER
Office of the Vice President for Research and Innovation
May 24, 2019
DELEGATION OF AUTHORITY
TO: Andrea Anderson, J.D., CRA, Executive Director for Sponsored Programs
FROM: Brian Gladue, Ph.D., Acting Vice President for Research & Innovation
DATE: May 24, 2019
SUBJECT: Delegation of Authority to Executive Director for Sponsored Programs
In accordance with University of North Texas System, Regents Rule 03.900, 1 delegate
to the Executive Director for Sponsored Programs, LINT Health Science Center
(UNTHSC), the authority to approve and execute the following agreements for UNTHSC
with a cost of monetary value of$500,000 or less:
• Subawards and Subcontracts for Sponsored Projects as defined in UNTHSC
Policy 13.123
• Research and Research Related Contracts as defined in UNTHSC Policy 10.110
Further delegation of this authority may not be made.
This Delegation of Authority is effective immediately and shall remain in effect until
revoked or superseded.
Sincere) ,
Brian Gla ue, Ph.D.
Acting Vice President for Research and Innovation
Cc: LINT System Office of General Counsel
UNTHSC Office of the President
LINT System Business Support Services, Purchasing
UNTHSC Contracts Administration
i
i
Division of Research and Innovation
3500 Camp Bowie Boulevard,Fort Worth,Texas 76107•Phone 817.735-5484 Fax 817-735-0254
An EEOlAffinnative Action Institution I
f,,,J T SYSTEM
UNT UNT HEALTH SCIENCE CENTER UNT DALLAS
OFFICE OF THE CHANCELLOR LESA B. ROE. CHANCELLOR
MEMORANDUM
DATE: July 16, 2018
TO: President, UNTHSC
r�
FROM: Chancellor, UNT System:
SUBJECT: Delegation of Signature Authority
In accordance with University of North Texas System Regents Rule 03.900, I hereby
delegate authority to the President, University of North Texas Health Science Center, to
sign the following University of North Texas Health Science Center contracts valued over
$
1,000,000:
® Contracts or grant proposals for sponsored research, including institutional
support grants.
• Contracts licensing or transferring rights in intellectual property, technology or
products protectable by patents, copyright, or constituting a trade secret of
unpatented technological know-how.
m Contracts for athletic competitions.
m Contracts related to bequests or gifts.
• Employment contracts, unless the agreement is for an administrator whose
services are paid in whole or part from appropriated funds.
This Delegation of Authority supersedes all prior delegations of authority, is effective
immediately and shall remain in effect until revoked or superseded. Further delegation
of this authority is permitted.
1901 MAIN STREET I DALLAS. TEXAS 75201 1 TEL 214.752.8585 1 FAX 214.752.8827
WWW.UNTSYSTEM.EDU I CHANCELLOR@UNTSYSTEM.EDU
UNT HEALTH-
SCIENCE CENTER Office of the President
DELEGATION OF AUTHORITY
DATE: July 26, 2017
FROM: President
UNT Health Science Center
i
SUBJECT: Delegation of Authority to Vice President of Research
i
f
i
In accordance with University of North Texas System Regents Rule o3.900,I delegate to the Vice
President of Research,UNT Health Science Center(UNTHSC), authority to approve and execute
the following contracts and agreements with a cost or monetary value of$500,000 or less:
o Subawards and Subcontracts for Sponsored Projects as defined in UNTHSC Policy 13.123 s
Q Research and Research Related Contracts as defined in UNTHSC Policy io.iio
:
Further delegation of this authority may be made in accordance with Regents Rule 03.9oo but
may not be delegated more than two levels below the Vice President of Research.
s.
This Delegation of Authority is effective immediately and shall remain in effect until revoked or
superseded. i
/�R�-�bft � i��I�G��eL�.e�✓ 1
President
Cc: UNT System Office of General Counsel
UNT System Business Service Center,Purchasing
UNTHSC Office of Contract Administration
Texas College of Osteopathic Medicine•Graduate School of Biomedical Sciences•School of Public Health
School of Health Professions•UNT System College of Pharmacy•Health Institutes of texas-UNT Health
3500 Camp Bowie Boulevard,Foit Worth,Texas 76107-817-735-2S55•Fax 817-735-2486•www.unthsc.edu
An CEO/Affirmative Action Institution
6/13/2019 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR�7H
COUNCIL ACTION: Approved on 5/7/2019
REFERENCE ,,, 23UNTHSC/WNV MOSQUITO
DATE: 5/7/2019 NO.' C-29108 LOG NAME: SURVEILLANCE 2019
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Professional Services Agreement with the University of North
Texas Health Science Center at Fort Worth Health Systems for West Nile Virus Mosquito
Surveillance and Supplemental Laboratory Testing Services in an Amount Not to Exceed
$220,000.00 Per Year and Authorize Four Annual Renewal Options(ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
Authorize the execution of a Professional Services Agreement with the University of North Texas
Health Science Center at Fort Worth Health Systems to enhance the City's mosquito surveillance
effort to reduce the risk of human exposure to the West Nile Virus in an amount not to exceed
$220,000.00 per year and authorize four annual renewal options.
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 viruses that cause West Nile Virus,
Zika,and Chikungunya,the mosquito surveillance program was eliminated.
In 2012, during the West Nile Virus epidemic, Tarrant County Public Health reported a total of 81
human cases and 4 deaths due to West Nile Virus (WNV) in Fort Worth. In the subsequent year the
City experienced a low virus activity;but in 2014 and 2015 WNV activity has reached an all-time high—
ref.table below:
Year Positive WNV Mosquito Samples Confirmed WNV Human Cases
2012 16 81
2013 5 6
2014 38 1
2015 127 10
2016 102 16
2017 62 F_ 4
2018 48 1 3
Since 2013,increased mosquito surveillance through the City's partnership with the University of North
Texas Health Science Center has undoubtedly increased the efficacy of the City's citizen response as
staff has been able to educate the community on how to prevent mosquito borne diseases as well as
target the areas of high virus activity with public education, larvicide, and targeted mosquito spray
missions.All of that is an effort to reduce the risk of human exposure to mosquito viruses. Moreover,
heightened public concerns about emerging mosquito borne diseases such as Zika,Chikungunya,and
Dengue are likely to increase,pushing the demand for sustainable mosquito surveillance,supplemental
testing and a focused community outreach program.
The 2019 WNV response plan includes a partnership between the City and University of North Texas
Health Science Center at a cost not to exceed $220,000.00 per year. It addresses the need for a
sustainable mosquito surveillance program and enhances evidence-based WNV and other mosquito
borne disease responses.A summary of the scope of work that the University will provide is highlighted
below:
•Mosquito Sample Data- (Analysis and Reporting)The University partner will be responsible for the
analysis and reporting of the mosquito sample results and will submit reports to the City for proper
response.
• 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.
RENEWAL OPTIONS - The Agreement will renew automatically for up to four successive one-year
terms. 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.
apps.cfwnet.org/council—packet/mc_review.asp?ID=26936&councildate=5/7/2019 1/2
6/13/2019 M&C Review
M/WBE OFFICE:A waiver of the goal for MBE/SBE subcontracting requirements was requested b,i the
Department and approved by the M/WBE Office, in accordance with M/WBE Ordinance, because the
purchase of goods and services is from source(s)where subcontracting or supplier opportunities are
negligible.
This contract will be with a governmental entity, state agency or public institution of higher educe ion:
University of North Texas Health Science Center at Fort Worth Health Systems.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATIONICERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget,as
appropriated,of the General Fund and that,prior to an expenditure being made,the participating
department has the responsibility to validate the availability of funds.
T
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
1101001 0239004 1 5330201 1 2019 1 000.0
Submitted for City Manager's Office by_ Valerie Washington(6192)
Origins ing Department Head: Brandon Bennett(6345)
Additional Information Contact: Ben Carson(6336)
Elmer DePaula(7251)
ATTACHMENTS
UNTHSC Professional Services Agreement DRAFT 2-20-2019.pdf
apps.cfwnet.org/council_packet/mc_review.asp?ID=26936&councildate=5/7/2019 2/2