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HomeMy WebLinkAboutContract 43843 (2)CITY SECRETARY CONTRACT NO. STATE OF TEXAS COUNTIES of TARRANT, DENTON, and WISE AGREEMENT for FORENSIC LABORATORY SERVICES THIS AGREEMENT for FORENSIC LABORATORY SERVICES ("Agreement") is made and entered into by and between the FORT WORTH POLICE DEPARTMENT, acting by and through the CITY OF FORT WORTH, a municipal corporation, located in Tarrant, Denton, and Wise Counties, Texas, hereinafter called "City," and ORCHID CELLMARK, INC., acting by and through Angie R. Miller, its duly authorized Contract Manager, hereinafter called "Contractor." 1. DESCRIPTION OF WORK For the consideration hereinafter agreed to be paid to Contractor by City, Contractor shall provide DNA analysis and other similar forensic services for the City, hereinafter called the "Services." The Services are to be performed in a competent and professional manner, and performance shall conform to applicable professional standards for the Services. Contractor shall also perform the Services in a timely manner, consistent with the needs of the City. 2. VOLUME OF WORK It is understood and agreed that no guarantees of volume of work are made by this Agreement, nor is Contractor designated as the exclusive contractor of these services for City. 3. TERM The term of this Agreement shall commence on October 1, 2012, and terminate on September 30, 2013, unless sooner terminated in accordance with the provisions of this Agreement. After expiration of the initial term, the Agreement may be extended by mutual written agreement of both parties for up to five, one-year terms. 4. PAYMENT FOR SERVICES Upon completion of the work by Contractor, City will pay Contractor in accordance with the approved agreed upon fee schedule for the Services. The agreed upon fee schedule is attached and incorporated within as Exhibit A. Payment will be made by City to Contractor within sixty (60) days of receipt of Contractor's invoices. Each invoice shall be accompanied by sufficient documentation as required by City. However, total payments by City during the term of this Agreement shall not exceed $338,000. City shall be solely responsible for monitoring payments under this Agreement, and the not -to exceed amount shall not relieve City of its obligation to pay Contractor for Services rendered at City's request. Contractor shall provide at least thirty (30) days advance written notice of any changes in the fee schedule for any of the Services performed under this Agreement. Any change to the fee schedule, if approved by City, will be incorporated within this Agreement as a replacement to the original Exhibit A. Any changes in the fee schedule that require an increase in the not -to -exceed amount of funding for DNA Analysis CFW and Orchid Cellmark 1 OFF1CIAL RECORD CITY SECRETARY Ft WORTK, TX 1 this Agieement shall be approved by written amendment to this Agreement by both City and Contractor. 5. OWNERSHIP OF DATA Contractor agrees that City shall assume ownership of any and all data processed by Contractor on behalf of City. Data shall become property of City upon its transfer to City from Contractor for the purposes of: using samples, ext acts, or materials from Contractor for the purposes of forensic analysis; interpreting data generated by Contractor; issuing a report on the results of an analysis; or, entering or searching a DNA piofile in CODIS from data generated by Contractor. 6. BREACH OF AGREEMENT Contractor and City 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 aftei the non -breaching party becomes aware of the failure to comply or breach of agreement. 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. 7. INDEPENDENT CONTRACTOR Contractor's status in the performance of the Services under this Agreement is that of an independent contractor and not an agent, employee, or representative of City. Contractor and its officers and employees shall exercise independent judgment in performing duties and responsibilities under this Agieement, and Contractor is solely responsible for setting working hours, scheduling or prioritizing the work flow and determining how the work is to be performed. No term of provision of this Agreement or act of Contractor in the performance of this Agreement shall be construed as making Contractor or its officers or employees the agents or employees of City, or making any of Contractor's employees eligible for the fringe benefits, such as retirement, insurance and worker's compensation, which City provides its own employees. 8. RESPONSIBILITY To the extent permitted by the Constitution and laws of the state of Texas, Contractor shall indemnify and hold City and its officers, agents, and employees harmless from any third party loss, damage liability, or expense for damage to property and injuries, including death, to any person, including but not limited to officers, agents, or employees of Contractor or its subcontractors, which may arise solely out of any negligent act, error, or omission in the performance of Contractor professional services. To the extent permitted by the Constitution and laws of the state of Texas, Contractor shall defend, at its own expense, any suits or other proceedings brought against 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 DNA Analysis CFW and Orchid Cellmark 2 resulting from such negligent act, error or omission. Contractor's obligation under this section shall not extend to any claim caused by the negligent or wilful misconduct of the City. 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. Contractor will provide certification confirming self -insured status of Orchid Cellmark, Inc. 9. CONFLICTS OF INTEREST Contractor warrants to City 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 Agreement 10. TERMINATION In the event of a non -appropriation of funding by City's City Council, City may terminate this Agreement in whole or in part by giving at least ten (10) days prior written notice thereof to Contractor, with the understanding that all performance under this Agreement shall cease upon the date specified in such notice. Either party may terminate this Agreement in whole or in part for their convenience upon thirty (30) days advance written notice to the other party. City will compensate Contractor in accordance with the terms of this Agreement for all Services performed for the benefit of City prior to the effective date of such notice. 11. NOTICES Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section Mailed notices shall be deemed communicated as of three days after mailing. If intended for City, to: Charles W. Daniels, Assistant City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 If intended for Contractor, to: DNA Analysis CFW and Orchid Cellmark 3 Angie R. Millei, Contract Manager DNA Identification Testing Division Laboratory Corporation of America Holdings 1440 York Court Extension Burlington, North Carolina 27215 Copies to: Laboratory Corporation of America Holdings 531 S. Spring Street Burlington North Carolina 27215 Atilt Legal Department 12. RIGHT OF REVIEW AND AUDIT Contractor agrees that 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 the agreement involving transactions relating to this Agreement. Contractor agrees that 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 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 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 incompliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 13. RIGHT OF ON -SITE VISIT City shall reserve the right to conduct a yearly on -site visit of Contiactor's laboratories in which City's DNA and other forensic examinations are processed. Contractor shall retain all documentation related to the yearly on -site visit, including but not limited to, the date the on -site visit was performed, a summary of the visit, and a list of personnel conductmg the visit. City shall give reasonable advance notice of intended yearly on -site visit. 14. TECHNICAL REVIEW City shall reserve the right to perform a technical review of all data supplied by Contractor, from which City has assumed ownership, to verify the integrity of Services provided by Contractor under this Agreement. City shall give reasonable advance notice of intended technical review. DNA Analysis CFW and Orchid Cellmark 4 15. TRANSFER OF INTEREST 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. 16. DISCRIMINATION City and Contractor covenant that neither they nor any of their officers, members, agents, employees, program participants, or subcontractors, while engaged in performing this Agreement, 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. 17. WAIVER OR RELINQUESHMFNT The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any light 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. 18. APPLICABLE LAWS This Agreement is entered into subject to the Charter and ordinances of the City of Fort Worth, as amended, and all applicable state and federal Laws. 19. VENUE Should any action, whether real or asserted, at law of in equity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall he in Tarrant County, Texas. 20. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas 21. LEGAL CONSTRUCTION In case any one of more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenfoiceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. DNA Analysis CFW and Orchid Cellmark 5 22. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 23. EXECUTION OF AGREEMENT The governing bodies of City and Contractor have approved the execution of this Agreement, if required, and the persons signing the Agreement have been duly authorized by the governing bodies of City and Contractor to sign this Agreement on behalf of the governing bodies. 24. ENTIRE AGREEMFNT This Agreement embodies the complete understanding and agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters contained in this Agreement. Except as otherwise provided herein, this Agreement cannot be modified without written supplemental agreement of the pasties. REMAINDER OF PAGE INTENTIONALLY LhFT BLANK. DNA Analysis CFW and Orchid Cellmark 6 EXECUTED this the'` day of CITY OF FORT WORTH C arles W. Daniels Assistant City Manager w Jeffrey W. Halstead Chief of Police APPROVED AS TO FORM AND LEGALITY: r Jessi . . angsvan Assistant City Attorney ATTEST: a Mary Kayser City Secretary DNA Analysis CFW and Orchid Cellmark i1 Coptract V&v ber, 2012. ORCHID CELLMARK, INC. • R. i ' "c.extJ► J Angie Miller Contract Manager, DNA Identification Testing Division 111 FlAcet0000 °000 �%gismo clot tat '144 rleXA9de litatacitcw Date og Authgri (c q L t= i ox • OFFICIAL RECORD CITY SECRETARY FT. WORTH' TX 7 Authorization: CSO No. M&C : Exhibit A Orchid Cellmark, Inc., Service Fees as of June 12, 2012 Screening, small item: $97 Screening, large item/bulk: $100 per hour STR analysis, Identifiler, reference sample: $300 STR analysis, Identifiler, evidence sample: $490 Y STR analysis, reference or evidence sample: $1,100 Y STR analysis, stop at quantitation, reference of evidence sample: $495 Mitochondrial DNA analysis, reference blood or buccal sample: $2,420 Mitochondrial DNA analysis, evidence sample: $1,230 Expert testimony: $150/hour, maximum $1,000/day, plus expenses DNA Analysis CFW and Orchid Cellmark 8 M&C Review http://apps.cfwnet.org/counci l_packet/mc_revi ew.asp?ID=17510&counci 1... Official site of the City of Fort Worth, Texas FORT %%ijRTII COUNCIL ACTION: Approved on 10/9/2012 DATE: 10/9/2012 REFERENCE NO.: **C-25909 LOG NAME: 35DNA ANALYSIS CODL: C TYPE: CONSENT PUBLIC HEARING: NO SUBJFCT: Authorize Execution of an Agreement with Orchid Cellmark, Inc., in the Amount Up to $338,000.00 for Professional Forensic Laboratory Services for the Fort Worth Police Department's Crime Lab (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Orchid Cellmark, Inc., in the amount up to $338,000.00 for professional forensic laboratory services for the Fort Worth Police Department's Crime Lab for a period of twelve months, with five one-year options to renew annually. DISCUSSION: The Fort Worth Police Department has used outside firms to supplement the casework performed by the Crime Lab for approximately the last 10 years in order to efficiently manage its caseload Expenses for this Agreement are estimated in the amount of $338,000.00 for Fiscal Year 2013. Orchid Cellmark, Inc., will provide the department with specific forensic analysis, including DNA analysis for cold cases and other instances where the City of Fort Worth (City) and other agencies are unable to provide analysis. The Fort Worth Police Department recommends this vendor because of the need for scientific integrity, credible testimony and close proximity to the City. The City has contracted with this agency since 2003. M/WBE - A waiver for the goal for MBE/SBE subcontracting requirements was requested by the Police Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 3) 0001 531200 0356600 $152,000.00 3) 0001 539120 0356605 $186.000.00 Submitted for City Manager's Office bv: Charles Daniels (6199) Originatinq Department Head: Jeffrey W. Halstead (4231) Additional Information Contact: Aya Ealy (4239) 1 of 2 10/29/2012 10:02 AM M&C:Review http://apps.cfwnet.org/council packet/mc review.asp?ID=17510&council... ATTACHMENTS 2 of 2 10/29/2012 10:02 AM