HomeMy WebLinkAboutContract 55045 CSC No.55045
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN CITY OF FORT WORTH AND
TARRANT COUNTY FOR COVID-I9 TEST COST SHARING
This Interlocal Agreement ("Agreement") is made between the City of Fort Worth ("Fort
Worth"), a home-rule municipal corporation of the State of Texas, and Tarrant County, Texas
("Tarrant County").
WHEREAS, the Texas State Legislature has authorized the formation of interlocal
cooperating contracts between and among governmental entities; and
WHEREAS, this Agreement is made under the authority granted by and pursuant to
Chapter 791 of the Texas Government Code which authorizes Fort Worth and Tarrant County to
enter into this Agreement for purposes of providing a governmental function or service that each
party to the contract is authorized to perform individually;
WHEREAS, Fort Worth and Tarrant County desire to enter into this Agreement to
share certain costs related to saliva testing for Covid-19;
WHEREAS, the governing bodies of Fort Worth and Tarrant County find that this
Agreement is necessary for the benefit of the public and the performance of this Agreement is in
the common interest of both parties;
WHEREAS, the governing bodies of Fort Worth and Tarrant County have authorized
entering into this Agreement; and
WHEREAS, the governing bodies of Fort Worth and Tarrant County, in paying for the
performance of governmental functions or in performing such governmental functions, shall
make payments only from current revenues legally available to such party.
NOW THEREFORE, IN CONSIDERATION of the mutual promises and agreements
contained herein,the parties do hereby agree as follows:
1. PuMose. The purpose of this Agreement is to share certain costs between Fort
Worth and Tarrant County related to saliva testing for Covid-19 provided by Vault Medical
Services of New Jersey, P.C. ("Vault'). Tarrant County entered into a contract., dated July 28,
2020, Court Order #133336 ("Contract"), with Vault to provide such saliva testing services for
residents of Tarrant County.
2. Fort Worth's Responsibility. Fort Worth shall pay Tarrant County forty percent
(40%) of the total cost of tests fully analyzed for Covid-19 that Tarrant County pays to Vault
under the Contract.
a. Fort Worth's initial financial obligation to Tarrant County under this
Agreement shall be two million dollars ($2,000,000.00) with two options, exercisable in
OFFICIAL RECORD
Interlocal Agreement CITY SECRETARY
FT.WORTH, TX
its sole discretion, to add an additional five hundred thousand dollars ($500,000.00) for a
total maximum financial obligation of three million dollars($3,000,000.00).
b. Fort Worth shall pay Tarrant County monthly upon receiving a statement
detailing the total compensation paid by Tarrant County to Vault under the Contract for
the previous month.
C. Fort Worth is not hereby obliged to pay for any Costs of future
amendments to the Contract.
3. Tarrant County's Responsibility.
a. Tarrant County shall be responsible for undertaking all duties and
obligations in the Contract in good faith.
b. Tarrant County shall send Fort Worth a monthly statement showing the
total compensation paid to Vault under the Contract for the previous month.
C. Tarrant County shall give Fort Worth written notice of any amendments or
changes to the Contract.
4. Term and Termination. This Agreement shall begin upon the last day executed by
all authorized parties and shall continue in full force and effect unless terminated. Either party to
this Agreement may terminate this Agreement at any time and for any reason by providing the other
party thirty(30)days written notice to the other party or pursuant to Article 15 of this Agreement.
5. Immune. it is expressly understood and agreed that in the execution of this
Agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that
would otherwise be available to it against claims arising in the exercise of governmental powers
and functions.
6. Assignment. Tarrant County shall not have the right to assign or subcontract any
of its duties, obligations or rights under this Agreement without the prior written consent of Fort
Worth,which such right shall be granted solely at the discretion of Fort Worth.
7. Governing Law and Venue. This Agreement shall be construed in accordance
with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement
shall lie exclusively in state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas — Fort Worth Division. In any such action, each party
shall pay its own attorneys' fees, court costs and other expenses incurred as a result of the action.
8. Remedies. No right or remedy granted herein or reserved to the parties is
exclusive of any other right or remedy herein by law or equity provided or permitted; but each
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the parties. Forbearance or indulgence
by either party shall not constitute a waiver of any covenant or condition to be performed
pursuant to this Agreement.
Interlocal Agreement Page 2 of 6
9. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired.
10. Applicable Law. This Agreement is entered into subject to the Interlocal
Cooperation Act, the governing charters and ordinances of Fort Worth and Tarrant County, as
they may be amended from time to time, and is subject to and is to be construed, governed and
enforced under all applicable Texas and Federal law.
11. Entire Agreement. This written instrument contains the entire understanding and
agreement between Fort Worth and Tarrant County 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 this Agreement_ This Agreement may not be amended unless set forth in writing
and signed by both parties.
12. Signature Authority. The person signing this agreement hereby warrants 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_ The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
13. Inde endent Contractor. It is expressly understood and agreed that Tarrant County
shall operate as an independent contractor as to all rights and privileges granted herein, and not
as agent, representative or employee of Fort Worth. Subject to and in accordance with the
conditions and provisions of this Agreement, Tarrant County 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, contractors and subcontractors. Tarrant
County acknowledges that the doctrine of respondeat superior shall not apply as between Fort
Worth, its officers, agents, servants and employees, and Tarrant County, its officers, agents,
employees, servants, contractors and subcontractors. Tarrant County further agrees that nothing
herein shall be construed as the creation of a partnership or joint enterprise between Fort Worth
and Tarrant County.
14. No Waiver. The failure of either party to insist upon the performance of any
provision or condition of this Agreement or to exercise any right granted herein shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert any
such right on any future occasion.
15. Non-Appropriation of Funds. Fort Worth and Tarrant County will use best efforts
to appropriate sufficient funds to support obligations under this Agreement. However, in the
event that sufficient funds are not appropriated by either party"s governing body, and as a result,
that party is unable to fulfill its obligations under this Agreement, that party (i) shall promptly
notify the other party in writing and (ii) may terminate this Agreement, effective as of the last
day for which sufficient funds have been appropriated_
16. Right to Audit_ Tarrant County agrees that Fort Worth shall, until the expiration
of three (3) years after termination of this Agreement, have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers, records, and communications
Interlocal Agreement Page 3 of 6
of Tarrant County involving transactions relating to this Agreement at no additional cost to Fort
Worth. Tarrant County agrees that Fort Worth shall have access during normal working hours to
all necessary Tarrant County facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section Fort Worth
shall give Tarrant County reasonable advance notice of intended audits.
17. Lia bitity. Nothing in the performance of this Agreement shall impose any liability
for claims against Fort Worth and Tarrant County other than claims for which liability may be
imposed by the Texas Tort Claims Act.
18. Amendments. No amendment to this Agreement shall be binding upon either
party hereto unless such amendment is set forth in writing,and signed by both parties.
19. Force Maieure. The parties shall exercise their best efforts to meet their respective
duties and obligations hereunder, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control, including, but
not limited to, compliance with any state or federal law or regulation, acts of God, acts of
omission, fires, strikes, lockouts, national disasters, wars, riots, material or labor restrictions,
transportation problems or existing contractual obligations directly related to the subject matter
of this Agreement.
20, Notice. 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 electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt
requested,addressed as follows:
City of Fort Worth Tarrant County
Attn: Jesus Chapa,Assistant City Manager Attn:Vinny Taneja,Director-Public Health
200 Texas Street 1101 S. Main Street
Fort Worth TX 76102-6311 Fort Worth Tx,76104
With Copy to the City Attorney With Copy to Public Health Contract
At same address Specialist at the same address
EXECUTED on this the 15th day of December , 2020
(signature pages follow)
Interlocal Agreement Page 4 of 6
ACCEPTED AND AGREED:
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
��.�G6j•� of this contract, including ensuring all performance
By: Jesus IChapa(DK15,202010:34CST1 and reporting requirements.
Name: Jesus J. Chapa
Title: Assistant City Manager
Date: Dec 15,2020 eox
By: Justin (Dec 1e:11CST)
Name: Justin Cox
Approval Recommended: Title: Grants Manager
Approved as to Form and Legality:
By: CST)
Name: Cody Whittenburg JB Stro�
Title: Environmental Manager By: JS Strong(Dec .202009:18CST)
�4van�n�� Name: John B. Strong
Attest: p� j.fORr & Title: Assistant City Attorney
O O �j
~oW
oO�A Contract Authorization:
By: i pv0 °_� M&C: 20-0517 08/04/2020
Q ° o° d
*�
00000000
Name: Mary Kayser aaaZt nIix E,oa�
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
Interlocal Agreement FT.WORTH, TX
TC/FW ILA-CDA-KCW-PH-12042020
APPROVED AS TO FORM:
Criminal trict Attorney's Offic
*By law,the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our
client's legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent
counsel.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
COUNTY OF TARRANT
STATE OF TEXAS
By:_ —_..
G.K. Maenius
County Administrator
APPROVED AS TO FORM:
Criminal District Attorney's Office*
*By law, the Criminal District Attorney's Office may only approve contracts for its clients. We
reviewed this document as to form from our client's legal perspective. Other parties may not
rely on this approval. Instead those parties should seek contract review from independent
counsel.
CERTIFICATION OF FUNDS IN THE AMOUNT OF $
Date:
AUDITOR
OFFICIAL RECORD
CITY SECRETARY
Interlocal Agreement FT.WORTH, TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY CQUNCIL AGENDA FORT, �
REFERENCE **M&C 20- 36COVID-19 TESTING
DATE: 8/4/2020 NO.: 0517 LOG NAME: AGREEMENT WITH
TARRANT COUNTY
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Approve Inter-Local Agreement with Tarrant County to Provide Funding for Saliva-Based
COVID-19 Tests Provided by Vault Health in Collaboration with RUCDR Infinite Biologics,
a Unit of Rutgers University in New Jersey, in an Amount Up to $2,000,000.00, with Two
$500,000.00 Extensions (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council approve an Inter-Local Agreement with Tarrant County to
provide funding for saliva-based COVID-19 tests provided by Vault Health in collaboration with
RUCOR Infinite Biologics, a unit of Rutgers University in New Jersey, in an amount up to
$2,000,000.00, with two $500,000.00 extensions, as needed, from the Grants Operating Federal
Fund.
DISCUSSION:
To continue the City's emergency response efforts to the coronavirus (COVI❑-19) pandemic,
additional products and services are needed. Testing individuals for the COVID-19 disease is critical
to support efforts to control community spread and to assist individuals who test positive for COV1D-19
with recovery planning. In July 2020, the surge of COVI❑-19 cases in Fort Worth placed an extreme
demand on readily-available testing. This public demand consumed and exceeded the available
testing supply in the local network of partners providing free tests to the community. In addition, the
high volume of samples needing to be analyzed created delays. Patients began receiving results
many days after testing—between 8 to 14 days in some cases. In some cases, results were received
after the estimated 14-day viral lifecycle for a patient.
In July 2020, after thorough review of testing options and coordination with Tarrant County Public
Health, Joint Emergency Operations Center (JEOC) staff requested and received approval for an
emergency purchase approval for up to$250,000.00 of spending authority for saliva-based COVID-19
test kits which included on-site training by the vendor. The vendor of the first saliva-based tests for
COVID-19 to be approved by the U.S. Food & Drug Administration is Vault Health in collaboration with
RUCDR Infinite Biologics, a unit of Rutgers University in New Jersey. The testing technology was
developed by Rutgers University and successfully piloted in Passaic County, New Jersey.
The Saliva-based tests provide quick and highly accurate results. The pilot program for saliva-based
testing made tests available to the public in Fort Worth and Tarrant County on Tuesday, July 21,
2020.
The pilot program was completed over four days, July 21 through July 24, 2020. Over 1,000 tests
were administered at J.P. Elder Middle School on NW 215t St. with support from Fort Worth ISD. This
location was established: due to readily available resources and proximity to the 7610E ZIP code—an
area public health data indicated to be experiencing significant COVID-19 cases. The site was
operated by city personnel and volunteers, including representatives from Fort Worth Community
Emergency Response Team (C.E.R.T.), Fort Worth Community Risk Reduction, and Tarrant County
Medical Reserve Corps.
Based on the success of the pilot program, Tarrant County entered into a contract with Vault Health to
provide saliva testing to Tarrant County residents. The City's obligation under this Interlocal
Agreement is to provide funding to Tarrant County for a percentage of the testing costs of Fort Worth
residents. The initial financial obligation of the City is $2,000,000. If the initial $2,000,000.00 allocation
http://apps.c fwnet.org/counci l_packet/rne—review.asp?I D=2 8 0 8 6&cou>lic ildate=8/4/2020 12/8/2020
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is exhausted, further testing is deemed necessary, and Coronavirus Aid, Relief, and Economic
Security(CARES)Act, Title V funding remains available, up to two extensions, of$500,000.00 each
may be authorized by the City Manager, bringing the total potential expense up to a total of
$3,000,000.00.
The source of funding for the tests will be the CARES Act, Title V funding received from the U.S.
Treasury.
The COVID-19 testing will provide services to ALL COUNCIL ❑ISTRICTS.
FISCAL INFORMATIONXERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the Grants Operating Federal fund to support the approval of the above
recommendation and execution of the inter-local agreement. Prior to an expenditure being incurred,
the Code Compliance Department and the Fire Department have the responsibility to validate the
availability of funds. This is an advance award.
TO
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)
Submitted for City Manager's Office by: Valerie Washington (6199)
Originating Department Head: Jim Davis (6801)
Additional Information Contact: Mark Rauscher (6803)
ATTACHMENTS
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