HomeMy WebLinkAboutContract 45438 (2)Execution Copy Issue Date 03032014
P§lectIERMETPic,
This Agreement, made as of February 27, 2014 by and between Psychemedics Corporation ("Psychemedics")
and the City of Ft. Worth ("Customer") to conduct drug testing on certain hair samples as requested by
Customer.
A.Term:
1. This Agreement shall remain in effect from February 27, 2014 through February 26, 2015,
(the " Initial Term"). After the expiration of the Initial Term, this Agreement shall continue in effect until
terminated by either party upon thirty (30) days prior written notice to the other party as provided in A 2 below.
2. Either Party may terminate this Agreement at any time, with or without cause, by providing the other Party
with thirty (30) days' written notice of termination. Customer shall not be charged a fee in the event of
termination pursuant to this Section.
B. Testing Services
1. Psychemedics shall provide to Customer substance abuse testing services utilizing Psychemedics' proprietary
drug testing services employing immunoassay technology in the analysis of hair and GC/MS, GC/MS/MS or
LC/MS/MS post positive confirmation testing services. Samples submitted to Psychemedics for the initial drug
screen will be screened for the presence of Cocaine, Opiates, Phencyclidine (PCP), Marijuana, and
Amphetamines (including Ecstasy) and/or their metabolites. If needed, confirmation testing shall include
GC/MS, GC/MS/MS or LC/MS/MS confirmation for all substances listed herein and/or their metabolites.
Additional sample testing ("Follow Up") is available as set forth in Attachment A.
2. Psychemedics shall perform tests on properly submitted samples and report results to Customer (or its
designated representative) or in accordance with the requirements of a participating group testing program if
applicable. All surplus hair from samples testing positive shall be stored and retained by Psychemedics for a
minimum period of 5 years.
3. The price for the services referenced above are listed in Attachment "A" and made a part hereof. Payments
for testing services shall be due from Customer thirty (30) days from date of invoice. Accounts shall be
delinquent if payment is not remitted according to the applicable terms. Interest shall accrue on delinquent
invoices at the rate of 1.5 percent per month, subject to federal, state and local laws, on the amount of the
unpaid balance from the original due date of the invoice. In addition to other remedies available at law,
Psychemedics may terminate its contractual obligations with Customer, should Customer become delinquent in
the payment of any sum due hereunder.
4. Costs of shipping specimens to Psychemedics are not included in the pricing itemized in Attachment "A."
C. Result Reporting and Internretation of Results
1. Psychemedics shall handle and report test result information to Customer in accordance with Customer's
instructions.
2. Customer agrees that Psychemedics assumes no liability or responsibility for the errors or omissions of
Customer, its employees, subcontractors or agents arising out of any claim related to (i) the Customer's
submission and handling of test samples, (ii) compliance by Customer with all federal, state and local laws,
ordinances, codes, orders, rules and regulations, and any applicable international laws, (iii) application of the
Customer's personnel policies, or (iv) the Customer's interpretation, use or confidentiality of the test results.
3. Psychemedics agrees that Customer assumes no liability or responsibility for the laboratory errors or
omissions of Psychemedics established by an adjudicated finding of negligence solely on the part of
Psychemedics in the testing of the samples.
OFFICIAL RECORD
CFW and Psychemedics Agreeement g;; 1 of 4
CITY SECRETA f
FT. WORTH, TX
RECEIVED MAR 19 2014
Date: oSe. / 8 / /4-,
CFW and Psychemedics Agreeement
Execution Copy Issue Date 03032014
PSYCITEMEDICS
c 0 h A T 0 N
D. Miscellaneous Provisions
1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of Texas, and the parties hereby submit to the jurisdiction of the courts of the State of Texas.
2. Entire Agreement: No Third Party Beneficiaries. This Agreement, including any Attachments referred to
herein, constitutes the entire agreement and understanding between Psychemedics and the Customer with
respect to the subject matter herein and all understandings and agreements heretofore had between
Psychemedics and Customer are merged into this Agreement. This Agreement shall not be modified, altered or
amended except as specifically provided for herein or by mutual written agreement of authorized
representatives of the parties hereto. This Agreement is not intended to confer upon any person other than the
Parties any rights, remedies or other benefits hereunder. Accordingly, Psychemedics owes no duty or obligation
to any such third parties pursuant to the terms of this Agreement and shall not be responsible for any claims
made and/or damages asserted by any such third parties.
3. No Waiver. The failure of either party at any time to require performance by the other party of any provisions
hereof shall in no way affect the full right to require such performance at any time thereafter; nor shall the
waiver by either party of a breach of any provision hereof be taken as held to be a waiver of any succeeding
breach of such provision or as a waiver of the provision itself.
4. Force Mai eure. Neither party shall be liable for any delay in the performance of any obligation hereunder or
any loss resulting there from due to any cause beyond its control, including but not limited to acts of God, acts
of civil or military authority, labor disputes, fires, floods, riots, civil disturbances, or war, and the performance
of any such obligation shall be postponed for a reasonable period of time during the continuation of any such
cause.
5. Severability. If any term or provision of this Agreement or the application thereof to any person, property or
circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be
affected thereby.
6. No Joint Venture. The relationship between Psychemedics and the Customer is that of vendor and vendee.
No agency, partnership, joint venture or employment relationship is created between the parties by this
Agreement.
Agreed and accepted:
CUSTOMER: CITY OF FORT WORTH
PSYCHEMEDICS CORPORATION
Signature: 4atl✓� i�.E!PZ/ By:
:colt Ar. Miller
Title: Assistant City Manager Vice President of Client Services
Date: 2/.Z2'/JJ,t9(
1
Page2of4
ACCEPTED AND AGREED:
P§ICIIERM
APPROVAL RECOMMENDED:
By; _ 6414
Jeffrey W. Halstead
Chief of Police 3. 1319Date:
APPROVED AS TO FORM
AND LEGALITY:
By:
Maleshia Farmer
Sr. Assistant City Attorney
Contract Authorization:
M&C: °Cat
Date Approved:
ATTEST:
By
Mary J. Kays�e� ry
City Secretary
CFW and Psychemedics Agreeement
Execution Copy Issue Date 03032014
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OFFICIAL RECORD!
CITY SECRETARY
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ATTACHMENT A
PRICE LIST
PRICE PER SAMPLE - $42.00
INITIAL DRUG SCREEN
Cocaine, Opiates, PCP, Amphetamines and Marijuana
GC/MS. GC/MS/MS. OR LC/MS/MS CONFIRMATION
Cocaine, Opiates, PCP, Amphetamines and Manjuana, and/or their metabolites
INCLUDED IN ABOVE PRICE
Each Invalid or Quantity Not Sufficient Sample will incur a $15 handling fee.
Price does not include cost of shipping samples to Psychemedics.
Customer may use its own shipping service or Psychemedics' discounted FedEx service.
ADDITIONAL SERVICE OPTIONS
FEDEX SHIPPING
Psychemedics offers a discounted FedEx rate to send samples to the lab. Customer receives discount by
using the billable stamp/standard letter packaging provided by Psychemedics.
Please ask for current discounted rate.
LEGAL SUPPORT
Laboratory data packages, expert consultation, and expert testimony are available.
Please ask for our current legal support fee schedule.
MULTI -SECTIONAL ANALYSIS
Cocaine, Opiates, PCP, Amphetamines and Marijuana, and/or their metabolites
PRICE PER SECTION - $60
An already -confirmed positive head hair sample, or a new head hair sample, can be tested as three approximate one -
month sections to help identify when drug use occurred. 3 9cm (1 % inches) of hair is divided into three sections, with
each % inch section representing an approximate one -month look -back period, and is tested using Mass Spectrometry.
FOLLOW-UP PROGRAM
Re -test of newly submitted sample
Cocaine, Opiates, PCP, Amphetamines and Marijuana
PRICE PER SAMPLE - $125
Following a Psychemedics-confirmed positive hair test, a second sample can be collected from the same hair source as
the first sample, as close in time as possible to the first sample collection. The second sample is tested for the same
drug(s) found positive in the first sample, using GS/MS, GC/MS/MS or LC/MS/MS at the Limit of Detection (LOD) (without
cutoffs) This procedure complies with the NIDA/SAMHSA retest guidelines
All prices include sample acquisition materials, handling and result reporting.
CFW and Psychemedics Agreeement Page 4 of 4
Execution Copy Issue Date 03032014