HomeMy WebLinkAboutContract 43843 CITY SECRETA Ry 1
CONTRACT NO,
STATE OF TEXAS § AGR11EMEN"T for
COUNTIES of''ARRANT, DENTON, § FOR i NSIC I_-,ABORATORY SERVICES
and WISE
THIS AGREEMENrT for FORI'NSIC 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 `]Vise Counties, Texas, hereinafter called ``City,1� and ORCIJID CELLMARK, INC., acti17 b
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.
�. 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 tern, 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 Cellinark ��A�RECORD
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CITY SIEGRETAR
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this Agreement 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, extracts, 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 profile 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 after 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 Agreement, 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 or 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 Cellrnark
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, dcstroyed, 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.
1 ither 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 per[ormed for the benefit of City
prior to the effective date of such notice.
H. 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
Angie R. Miller, 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
Attn: 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 Contractor'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 conducting 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.
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15. TRANSFER OF INTERES"1'
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 RELINQUESHMENT
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.
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 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.
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 or 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
unenforceability 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.
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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 AGREEMENT
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 parties.
REMAINDER of PAGE INTUNTIONALLY LEFT BLANK.
DNA Analysis
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I a
EXECUTED this the day of ,. ' '� = , 2012.
CITY OF FORT WORTH ORCHID CELLMARK, INC.
C arles W. Daniels Angie . Miller
Assistant City Manager Contract Manager, DNA Identification
Testing Division
Je trey V. Halstead
Chief"of Police
APPROVED AS TO FORM
AND LEGALITY:
Jessi gangwan
Assistant City Attorney
.4' �Qaao
ATTEST:
0
40 00
Mary Kayser 0000000
City Secretary ��'°�
DNA Analysis
(: �--i, G)�.j OFFICIAL RECORD 7
CFW and Orchid Cellmark
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Authorization:
CSO No. _
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Exhibit A
Orchid Cellmark, Inc., Service Fees
as of Rine 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 or evidence sample: $495
Mitoebondrial DNA analysis, reference blood or buccal sample: $2,420
Mitochondrial DNA analysis, evidence sample: $1,230
Expert testimony: $1501hour, maximum $1,0001day, plus expenses
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M&C,Review http:Happs.cfwnet.orgl council_packet/me_review.asp?1D=1751Mcounc11...
Official site of the pity of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORT11
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COUNCIL ACTION: Approved on 101912012
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DATE: 10/9/2012 REFERENCE NO.: **C-25909 LOG NAME: 35DNA ANALYSIS
CODE: C TYPE: CONSENT PUBLIC HEARING:NO
SUBJECT: 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 Grime Lab (ALL COUNCIL DISTRICTS)
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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.
MIWBE -A waiver far the goal for MBEISBE 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 IN FORMAT ION/CE RT IF ICAT ION:
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 GG01 531200 0356600 152,000.00
3) GG01 539120 0356605 $186.000-00
Submitted for City Manacteils office Charles Daniels(6199)
Oric�inatin De artment Head: Jeffrey W. Halstead (4231)
Additional Information Contact: Aya Ealy (4239)
1 of 2 10/29/2012 1 0:02 AM
M&CFReview http://apps.cfwnet.org/cowici I—Packet/ine—i-evi ew.asp?ID=-1751 O&counci I...
... ...........
ATTACHMENTS
10/29/2012 10:02 AM