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HomeMy WebLinkAboutContract 37063STATE OF TEXAS COUNTIES OF TARRANT, DENTON and WISE § CiTY SECRETARY CONTRACT NO , This agreement is made and entered into between the City of Fort Worth, hereinafter referred to as "City," acting by and through Joe Paniagua, its duly authorized First Assistant City Manager, and the Orchid Cellmark Inc. a for -profit corporation, hereinafter referred to as "Contractor," acting by and through William J. Thomas its duly authorized Vice President and General Counsel. RECITALS WHEREAS, the City of Fort Worth has received funds from the Texas Department of Public Safety Crime Laboratory to eliminate the backlog of no -suspect DNA casework; and WHEREAS, the City of Fort Worth periodically requires outside firms to provide DNA analysis during staff vacancies and periods of high workload; and WHEREAS, Orchid Cellmark Inc. proposes to provide necessary DNA analysis services; NOW, THEREFORE, in consideration of the mutual covenants herein expressed, the parties agree as follows: 1. Contractor covenants and agrees to fully perform, or cause to be performed, with good faith and due diligence, all work and services described in Exhibit "Aattached and incorporated herein for all purposes incident to this contract, at the rates described therein. 2. It is understood and agreed that no guarantees of volume or work are made by this agreement nor is Orchid Cellmark Inc. designated as the exclusive contractor of these services for the City of Fort Worth. 3. The term of this agreement is for a period beginning on April 21, 2008, and ending on September 30, 2008, with four one-year option to renew annually at negotiated rates per exam. 4. This agreement may be terminated by either party hereto, in whole or in part, at any time and for any reason, upon written notice to the other party. Such written notice shall specify to what extent the work under the agreement is being terminated and the effective date of the termination. Within thirty (30) days after the effective date of the termination, Contractor shall forward to City an invoice for all expenditures made prior to 2 the effective date of termination and City shall remit payment in full within sixty (60) Jays after the date of such invoice. In the event no funds or insufficient funds are appropriated and budgeted by the City in any fiscal period for any payments due hereunder, the City will notify Contractor of such occurrence as soon as possible and this Contract 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 shall have been appropriated and budgeted. Written notice under this agreement shall be directed to the following: CITY: Joe Paniagua, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Gerald Chandler, Contract Compliance Fort Worth Police Department 350 W. Belknap Fort Worth, TX 76102 Monica Wood, Assistant City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 5. Contractor and City covenant and agree that in the event either party fails to comply with, or breaches, any of the terms and provisions of this agreement, the non -breaching party shall provide written notice to the other as soon as reasonably possible after the non -breaching party becomes aware of the failure to comply or breach of contract. In the event that the breaching party fails to cure or correct such breaches within a reasonable time following the receipt of notice, but in any event no more than 15 days, the non -breaching party shall have the right to declare this agreement immediately terminated. 6. To the extent permitted by applicable law, Contractor shall indemnify and hold the City and its officers, agents and employees harmless from any loss, damage, liability or expense for damage to property and injuries, including death, to any person, including but not lim teto officers, a is or employees of Contractor or its subcontractors, ,yeti J�L1�iItin i which may arise out of any negligent act, error or omission in the performance of Contractor's professional services. To the extent permitted by applicable law, Contractor shall defend, at its own expense, any suits or other proceedings brought against the City, its officers, agents and employees, or any of them, resulting from such negligent act, error or omission; and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them, or any of them, in connection therewith resulting from such negligent act, error or omission. Contractor further warrants that it will maintain throughout the term of this contract insurance of the types and in the amounts specified in Attachment I —Insurance Requirements for the City of Fort Worth, which is attached and incorporated herein for all purposes incident to this contract. 7. Contractor warrants to the City of Fort Worth that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Contractor further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Con-- involving transactions relating to this Contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all of its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 9. Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 10. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall be solely responsible for the acts and omissions of its officers, members, agent, servants, and employees. The City shall not be responsible under the Doctrine of Respondeat Superior for the acts and omissions of Contractor's officers, members, agents, servants, employees, or officers of the other. 11. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged. 12. City and Contractor covenant that neither they nor any of their officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this contract, shall in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions or privileges of their employment, discriminate against persons on any unlawful basis, nor will Contractor permit its agents, employees, subcontractors or program participants to engage in such discrimination. 13. The provisions of this agreement are severable and if for any reason a clause, sentence, or paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 14. The failure of City or Contractor to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's or Contractor's right to assert or rely upon any such term or right on any future occasion. 15. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance ornon-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. 16. The governing bodies of City and Contractor have approved the execution of this agreementI if required, and the persons signing the agreement have been duly authorized by the governing bodies of the City and Contractor to sign this agreement on behalf of the governing bodies. 17. This written instrument and its specifically referenced exhibit and attachment, constitutes the entire agreement by the parties hereto concerning the work and services performed hereunder, and any prior or contemporaneous, oral or written agreement which purports_tavary frM. jh terms hereof shall be void. N �,� + 18. In case of any conflict between the terms set forth in this document and those set forth in either (1) Exhibit "A" or (2) Attachment 1, this document controls. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] CITY OF FORT WORTH First Date City Manager APPROVED AS TO FORM AND LEGALITY: M onica Wood Assistant City Attorney Date 5 �� ATTEST: City Secretary M&C Number: C-22725 City Ordinance: None City Contract Number I: ORCHID CELLMARK INC. William J. T/iomas Vice President and General Counsel Date fy 1 EXHIBIT A FORT VVORTH POLICE DEPARTMENT FORENSIC SCIENCE LABORATORY 350 WEST BELKNAP STREET FORT WORTH, TEXAS 76102-2004 (817)877-8084 FAX (817) 877-8208 INFORMATION SUPPLIED BY: Name Bob Giles Title FCA Agency Orchid Cellmark Inc. Phone 214/631-8152 ext 162 Fax 214/634-3322 E-mail_rgiles@orchid.com The Fort Worth Police Department Forensic Science Laboratory provides the service of DNA testing of selected biological evidence associated with a criminal investigation to law enforcement agencies and the District Attorney's office. The Forensic Science Laboratory is actively participating in the No Suspect Casework DNA Backlog Reduction Program (FY2001) and wishes to contract out the screening and DNA analysis of all qualifying no suspect cases. Below is a listing of all of the services that the Forensic Science Laboratory routinely performs and/or out sources for testing. Where necessary, please indicate NA for "not applicable". Please provide your fee schedule for the following services: PRE-SCREENED SEXUAL ASSAULT KITS Semen Stain Examination Charge per unit or exam Presumptive testing Confirmatory testing Sexual Assault Kits Clothing (shirt, panties, pants) Bedding (sheets, comforters) Miscellaneous Items (carpet sections) Other Other Blood Examination Presumptive testing Confirmatory testing Testing for Human Origin Clothing & Bedding Miscellaneous Items (carpet sections) Large Items (i.e. -chairs, door) Either vJ u ll 11��,9U NA NA NA NA NA =r NA NA * $100 per hr if needed Charge per unit or exam NA NA NA NA NA NA DNA Testing ALipF1STR err lus AmpF1STR Identifiler Mitochondrial DNA Testing Testimony and/or Associated Costs Other Y Chromosome STR 10-Plex Analysis Other Charge per unit or exam $300 per Victim/Suspect Exemplar $490 per item of evidence N/A $1500 per Specimen $150 per hr (4 hr min)* Not to exceed $1000/day* $1200 per Specimen *plus actual expenses Anticipated date of initiating processing of suspectless casework samples: Pro'ect Started 04/21/2008. Currently underway at OCF-D Anticipated turnaround time for 25 pre-screened cases (average of 2-3 samples per case): Thirty Days Anticipated turnaround time for 25 unscreened kits (average of 4-5 samples per case): Fortv-five Days Anticipated turnaround time for 25 unscreened kits and additional evidence (clothing): Fortv-five Days Comments: Please use the remaining space on this form (or attach a sheet) to document any concerns or comments you wish to record regarding forensic DNA testing in your laboratory. Please indicate your short and long term evidence storage capabilities. OCF-D offers to fully screen all UNSCREENED SEXUAL ASSAULT KITS including presumptive and confirmatory testing inclusive of any additional items of evidence that may be associated with said kits and report genotyping results for the Victim and up to two (2) items of evidence from each kit that tested positive for the presence of semen for an all-inclusive price of $790 per kit. OCF-D offers to provide full screening and genotyping services for ALL OTHER TYPES OF EVIDENCE COLLECTIONS (to include Homicides, Burglaries and Assaults etc) to include presumptive testing for the presence of blood and determination of (human)origin for $100 per hour. DNA analysis of all positive items will be charged at the rate of $300 per Victim/Suspect Exemplar and $490 per item of Evidence. L ::��ss, MARSH - CERTIFICATE OF INSURANCE CERTIFICATE NUMBER NYC-002843484-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 44 WHIPPANY ROAD POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE P.O. BOX 1966 AFFORDED BY THE POLICIES DESCRIBED HEREIN, MORRISTOWN, NJ 07962-1966 COMPANIES AFFORDING COVERAGE COMPANY 101204--ALL- A FEDERAL INSURANCE COMPANY INSURED COMPANY ORCHID CELLMARK INC. B N/A 4390 US ROUTE ONE PRINCETON, NJ 08540 COMPANY C TRAVELERS COMMERCIAL INS. CO. COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 2 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MMIDD/YY) A GENERAL LIABILITY 35837121 09/01/07 09/01/08 $ 2,000,000 GENERAL AGGREGATE X PRODUCTS - COMP/OPAGG $ COMMERCIAL GENERAL LIABILITY Fx I $ CLAIMS MADE OCCUR PERSONAL & ADV INJURY EACH OCCURRENCE $ 11000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP Any oneperson) $ 25,000 A AUTOMOBILE LIABILITY 73537110 09/01/07 09/01/08 COMBINED SINGLE LIMIT $ 130002000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ X (Per person) SCHEDULED AUTOS X BODILY INJURY $ HIRED AUTOS X (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM C WORKERS COMPENSATION AND HK UB 5986L74-5-07 Q9/Q1/07 09/01/08 WC STATU- OTH - - EMPLOYERS' LIABILITY TORY LIMITS ER ELEACHACCIDENT $ 13000,000 THE PROPRIETOR/ X INCL EL DISEASE -POLICY LIMIT $ 19000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ 17000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS City of Fort Worth , its officers, employees and volunteers are additional insured as their interest may appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL Oi0 DAYS WRITTEN NOTICE TO THE _ City Of Fort Worth 1000 Throckmorton Street ` J )IQ' CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Fort Worth, TX 76102 ` �J \J LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE "• I ;� �� J III ( ISSUER OF THIS CERTIFICATE. d L t C� f ❑❑ iU i•. 777 AUTHORIZED REPRESENTATNE Marsh USA Inc. BY: Joanne M. Kowalczyk MM1(3/02)_ VALID AS OF:04/28/08 Page 1 of 2 City of Fort Worth, Texas DATE: Tuesday, March 25, 2008 LOG NAME: 35CRLABOUT08 SUBJECT: Authorize the City Manager to Execute Contracts with of North Texas Health Science Center -DNA Identity Fort Worth Police Department Crime Lab RECOMMENDATION: It is recommended that the City Council: REFERENCE NO.: **C-22725 Orchid Cellmark Forensics and the University Laboratory for Professional Services for the 1. Authorize the City Manager to execute professional service contracts for forensic science services with Orchid Cellmark Forensics and the University of North Texas Health Science Center -DNA Identity Laboratory for a period of twelve months, with four one-year options to renew annually at negotiated rates per exam; and, 2. Authorize these agreements to be effective from April 7, 2008, through April 6, 2009 and for one year periods thereafter. DISCUSSION: The Fort Worth Police Department has used outside firms to supplement the casework performed by the Police Department Crime Lab for the past five years. Expenses for the contracts are estimated at $111,650.00 per year. With the volume of work to be outsourced, the department recommends contracting for services with both Orchid Cellmark Forensics and the University of North Texas Health Science Center -DNA Identity Laboratory. Using both facilities will allow the flexibility of utilizing the service that is most cost-effective and time -efficient throughout the years. Because these agreements are for procurement of professional services, Section 252.022(a)(4) of the Texas Local Government Code exempts this purchase from competitive bidding. The Police Department recommends these two vendors because of the need for scientific integrity, credible testimony, and their location to the City. The City began contracting with these entities in 2003. MWBE Waiver was approved because the Purchase of goods or services from sources(s) where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 5/8/2008 Page 2 of 2 the General Fund. TO FundlAccount/Centers Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GG01 531200 0353400 $111,650.00 Joe Paniagua (6575) Patricia J. Kneblick (4212) Kara Shuror (4221) http://apps.cfwnet.org/council�acket/Keports/mc�rint.asp 5/8/2008