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HomeMy WebLinkAboutContract 39084 CITY SECRETARX STATE OF TEXAS § CONTRACT NO. �9C) . COUNTIES OF TARRANT, § DENTON and WISE This agreement is made and entered into between the City of Fort Worth, hereinafter referred to as "City," acting by and through Tom Higgins, its duly authorized Assistant City Manager, and The Bode Technology Group, Inc. (Bode), a Delaware corporation, hereinafter referred to as "Contractor," acting by and through Teresa Smith, its duly authorized Contract Administrator. RECITALS WHEREAS, the City of Fort Worth periodically requires outside firms to provide DNA analysis during staff vacancies and periods of high workload; and WHEREAS, Bode 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 "A," attached and incorporated herein for all purposes incident to this contract, at the rates described therein. 2. It is understood and agreed that no guarantees as to volume of work are made by this agreement nor is Contractor 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 October 1, 2009 and ending on September 30, 2010; with four one-year options to renew annually, at negotiated rates per exam, on October 1st of each year. 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 the effective date of termination and City shall remit payment in full within sixty (60) days after the date of such invoice. Page 1 of 6 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 made, 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 notices under this agreement shall be directed to the following: CITY: Tom Higgins, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies To: Gerald Chandler, Contract Services Administrator Fort Worth Police Department 350 W. Belknap Fort Worth, TX 76102 Monica Wofford Wood,Assistant City Attorney Law Department 1000 Throckmorton Street Fort Worth, TX 76102 CONTRACTOR: Teresa Smith 10430 Furnace Road Suite 107 Lorton, VA 22079 contracts(a)-bodetech.com 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 breaching party 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 Page 2 of 6 f 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 limited to officers, agents or employees of Contractor or its subcontractors, 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. 8. 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 Contractor-- 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. Page 3 of 6 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 or non-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 agreement, 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, constitute the entire agreement by the parties hereto concerning the work and services Page 4 of 6 performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. 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] Page 5 of 6 CITY OF FORT WORTH, THE BODE TECHNOLOGY GROUP, INC., TEXAS VIRGINIA Tom Higgins eresa Smith Assistant City Manager Contract Administrator Date 09 Date APPROVED AS TO FORM AND LEGALITY: Jo n 4ic aVfford W&d Assistant City Attorney Date ATTEST: �s {—C y Secretary M&C Number: C,- 237ay City Ordinance: None City Contract Number. Page 6 of 6 EXHIBIT A FORT WORTH 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 Robert Krivickas Title Account Manager Agency Bode Technology Phone 866-263-3443 Fax 703-644-7730 E-mail bode.service(a�bodetech.com_ Date information supplied: 4/16/2009 BODE TECHNOLOGY TERMS AND CONDITIONS: Prices are valid for one(1)year after the date on this form. Screening of Sexual Assault Kits: Screening of sexual assault kits is to be performed using a validated Y Marker Screen(YMS)system.All samples with a positive YMS result will proceed to DNA analysis. Samples with a negative YMS result will not. The unit price applies to all sexual assault kits that are screened with YMS. DNA analysis will be performed using the Applied Biosystems Profiler Plus/Cofiler or Identifiler kit. DNA screening and analysis is performed following Bode validated protocols. Turnaround time:within 60 days Payment is due 30 days from the date of invoice. Product Description or Services Provided Unit Price Screening and Processing of Sexual Assault Kits' First 1-15 Sexual assault kit analysis(three samples plus reference) $1,795 Next 16-30 Sexual assault kit analysis(three samples plus reference) $1,495 3 1+Sexual assault kit analysis(three samples plus reference) $1,295 Each Additional sample beyond 3 samples and 1 reference $495 Processing of Homicide Cases Each Serology testing for the presence of blood,semen,or saliva(per item) $295 Each STR analysis of evidence samples(excluding skeletal remains) $995 Each Analysis of skeletal remains $1,295 Each Analysis of reference samples $695 Analysis of extracted DNA(reagent blanks must also be included) $795 ' Prices are based on a minimum quantity of sexual kits per month,as indicated above. 2 Discounts based on multiple homicide cases submitted each month: 10%discount will be applied if 14 cases are submitted each month. 15%discount will be applied if a minimum of 5 cases are submitted each month. 20%discount will be applied if a minimum of 10 cases are submitted each month. Attachment I INSURANCE Requirements Contractor shall not commence work under this Contract until it has obtained all the insurance required under the Contract, and such insurance has been approved by the City. Contractor shall keep the required insurance in force throughout the term of this Contract. Contractor shall be responsible for delivering to the City the initial certificate of insurance for approval and shall forward subsequent certificates documenting that required coverage remains in force directly to the Risk Manager. Contractor shall indicate on the certificate of insurance the service area and contract number to which it applies. Contractor shall indicate on the certificate of insurance that its insurance covers subcontractors. The insurance coverage required herein shall include the coverage of all subcontractors. Commercial General Liability(CGL) $1,000,000 each occurrence $2,000,000 aggregate limit Business Auto Liability - shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned $1,000,000 Each accident on a combined single limit basis or $ 250,000 Property Damage $ 500,000 Bodily Injury per person per occurrence Workers' Compensation Statutory Limits $100,000 Each accident/occurrence $100,000 Disease—per each employee $500,000 Disease—policy limit Professional Liability $1,000,000 Each occurrence SCOPE OF INSURANCE: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. All insurance requirements made upon the Contractor shall apply to subcontractor should the Contractor's insurance not cover the subcontractor's work operations. General Requirements Wor Policy Endorsements as follows: 1. The City of Fort Worth, its Officers, Employees and Volunteers shall be named as an Additional Insured with the exception of Workers' Compensation policies. 2. This insurance shall not be canceled, limited in scope or coverage, or non-renewed, until after thirty (30) days' prior written notice has been given to the City of Fort Worth. 3. Waiver of rights of recovery (subrogation) in favor of the City of Fort Worth. 4. The insurers for all policies must be licensed/approved to do business in the State of Texas and have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 5. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 6. Unless otherwise stated, all required insurance shall be written on the occurrence basis. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 7. The deductible or self-insured retention (SIR) affecting required insurance coverage shall be acceptable to the Risk Manager of the City of Fort Worth in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups must also be approved. 8. The City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City of Fort Worth. The City shall be required to provide prior notice of ninety days. 9. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. A� CERTIFICATE OF LIABILITY INSURANCE F,,DATE'200'9"' PRODUCER Phone: 212-344-2444 Fax: 212-509-1292 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Frank Crystal & Co. , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Financial Square HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 32 Old Slip ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. New York NY 10005 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:The Employers' Fire insurance Global Options Group, Inc. INSURER B:Westchester Fire Ins. Co. 21121 d/b/a Bode Technology, Inc. 75 Rockefeller Plaza, 27th Floor INSURERC: New York NY 10019 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT POLICY NUMBER POLICY EFFECTIVE POLOATICY EXMMIPIRATDIYYION LIMITS -LT&W= TYPE OF INSURANCE A GENERAL LIABILITY 718010187 7/1/2009 7/1/2010 EACH OCCURRENCE $1 000 000 }{ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1 0 0 0 0 0 0 CLAIMS MADE a OCCUR MED EXP(Any one person) $10 0 0 0 PERSONAL&ADV INJURY $Excluded GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 0 0 O 0 0 0 POLICY PRO LOC A AUTOMOBILE LIABILITY 718010187 7/1/2009 7/1/2010 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ X Co m Ded $1,000 PROPERTY DAMAGE X 1 D d 1 0 (Per accident) $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBREL LA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N IER ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 1$ B OTHER G24078486001 7/1/2009 7/1/2010 Each Claim/Aggreg. $20,000,000 E&O Liability Claims Made DESCRIPTION OF OPERATIONS LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS he City of Fort Worth, its Officers, Employees and Volunteers are included as an Additional Insured with respect to iability arising out of the Named Insured's operations. A waiver of subrogation is in favor of the certificate holder with respect to general liability. CERTIFICATE HOLDER CANCELLATION 3 days x e n n- en SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE The City of Fort Worth CERTIFICATE HOLDER NAMED TO THE LEFT (EXCEPT 10 DAYS FOR 1000 Throckmorton Street NONPAYMENT OF PREMIUM), BUT FAILURE TO DO SO SHALL IMPOSE Fort Worth, TX 76102 NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE%,., 1 ( r ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009101) &C review Page 1 of 2 Official site of the City of Fort Worth;Texas CITY COUNCIL AGENDA FORTH COUNCIL ACTION: Approved on 8/18/2009 DATE: 8/18/2009 REFERENCE NO.: **C-23724 LOG NAME: 35BODETECH09 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize the City Manager to Execute a Contract with Bode Technology for Professional Services for the Fort Worth Police Department Crime Lab Not to Exceed $35,000.00 RECOMMENDATION: It is recommended that the City Council Authorize the City Manager to execute a professional service contract for forensic science services with Bode Technology for a period of one year, with four one- year options to renew annually, at negotiated rates per exam in an amount not to exceed $35,000.00. DISCUSSION: The Fort Worth Police Department uses outside firms to supplement casework performed by the Police Department's Crime Lab for the past six years. Currently, the Police Department contracts with Orchid Cellmark Forensics for certain services, primarily DNA analysis. Considering the Crime Lab's current backlog and the volume of work to be outsourced, the Police Department recommends contracting with an additional service provider, Bode Technology, for the Crime Lab. An additional forensic service provider under contract will allow the Crime Lab to utilize the service that is most cost-effective and time-efficient. Because these agreements are for the procurement of professional services, Section 252.022(ax4) of the Texas Local Government Code exempts this purchase from competitive bidding. The Police Department recommends Bode Technology because of the company's reputation within the forensics field and the Crime Lab's need for scientific integrity. Furthermore, Bode Technology offers substantial discounts of up to twenty percent based on the number of cases submitted for analysis. Expenses for the first twelve months of this contract are estimated at a cost not to exceed $35,000.00. M/WBE waiver was approved because the purchase of goods or services is from source(s)where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds will be included in the FY10 operating budget, as presented in the City Manager's Proposed Budget, of the General Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GG01 531200 0353400 $35,000.00 Submitted for City Manager's Office : Tom Higgins(6192) Or�natingDepartment Head: Jeffrey W. Halstead (4231) http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 1944&councildate=8/18/2009 8/25/2009 1V,� C Review Page 2 of 2 Additional Information Contact: Shannon Hawkins (4249) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc—review.asp?ID=l 1944&councildate=8/18/2009 8/25/2009