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Home My WebLink AboutContract 44566-A1C� S�CR�T�' � �i �ONTR�� l�o ,� I I �"� � STATE OF TEXAS COUNTY OF TARRANT � � � KNOWN ALL BY THESE PRESENTS: FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 44566 : :.� �� c c.'7 r�rri �:� � � � � � c� � THIS FIRST AMENDMENT to City Secretary Contract Number 44566 is entered into by and between the City of Fort Worth ("City"), a home-rule municipality in the State of Texas, acting through Charles W. Daniels, its duly authorized Assistant City Manager, and the University of North Texas Health Science Center ("University"), acting through LeAnn S. Forsberg and John Harmon, its duly authorized Assistant VP for Research Administration and Senior VP for Finance & CFO, respectively. WHEREAS, the City and University have entered into that certain agreement identified as City Secretary Contract No. 44566 (hereinafter the "Contract"); and WHEREAS, the Contract was for an initial term of one year commencing on June 18, 2013 and the Contract provides for the extension of the term of the agreement for up to two additional periods of one year each; and WHEREAS, the parties wish to extend the term of the initial Contract for an additional year and sufficient funds have been appropriated; and WHEREAS, the parties agree that all other conditions, terms, and pricing shall remain the same as stated in City Secretary Contract No. 44566 except as expressly set forth herein; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, the parties hereto agree as follows: 1. Extended term of contract: City Secretary Contract No. 44566 is extended to include the term beginning on June 18, 2014 and ending on June 17, 2015. 2. Compensation Not to Exceed Amount: Compensation shall not exceed one hundred forty eight thousand, two hundred dollars ($148,200.00) for the term of this amendment, billable according to the fee schedule in City Secretary Contract number 44566 and subject to all other terms and conditions as stated in City Secretary_Co.ntr�.�t-�ls:-�44566. First Amendment to Contract #44566 University of North Texas Health Science Center. UF�I�d�►� �d�� CIT1f SEC6tE4AR�Y ��. ��T�q �� Page 1 of 4 3. The last paragraph of Article 6 of City Secretary Contract No. 44566 is amended, and an additional paragraph added, to be and read as foilows: Contractor shall not use, sell, transfer, or authorize a third party to use any work product, trademarks, or other intellectual property (or derivatives thereo� of the work product developed under this contract without the express written consent of the City. University reserves the right to publish the results of the Study, with due regard to the protection of City's confidential information. University will submit the manuscript of the proposed publication to City at least thirty (30) days prior to publication, and City shall have the right to review and comment upon the publication in order to protect City's confidential information. The University shall consider City's suggestions and comments to the manuscript to be published. Upon City's written request, publication will be delayed up to sixty (60) additional days to enable City to secure adequate intellectual property protection on City's intellectual property that would be affected by said publication. 4. The second paragraph of Article 7, Section 3 of City Secretary Contract No. 44566 is amended to be and read as follows: To the extent authorized under the laws and Constitution of the State of Texas, Contractors and subcontractors under this contract agree that they assume joint and several liability for any claim by the City or for a third party claim against the City for general or environmental damages caused by any of the negligence or willful malfeasance Contractors or subcontractors herein. 5. Article 8 of City Secretary Contract No. 44566 is amended in its entirety to be and to read as follows: Section 1. Insurance coverage and limits The University certifies it has, at a minimum, current insurance coverage as detailed below and will maintain it throughout the term of this Contract. University, as an agency of the State of Texas, is insured for general liability insurance under a self-insurance program covering its limits of liability. The parties agree that such self-insurance by University shall, without further requirement, satisfy all insurance obligations of University under this Agreement. Furthermore, as a component of the University of North Texas System and an agency of the State of Texas, University will address issues of general liability in accordance with the Texas Civil Practice and Remedies Code, Chapter 101 (the Texas Tort Claims Act) and Chapter 104 (State Liability for Conduct of Public First Amendment to Contract #44566 Page 2 of 4 University of North Texas Health Science Center. Servants). Section 2. Additional Insurance Requirements Subcontractors to the University shall be required by the University to maintain the same or reasonably equivalent insurance coverage as required for the University, except that non-governmental entities may not be self-insured, are subject to policy limits set by the City, and the policies must be reviewed and approved by the City. When subcontractors maintain insurance coverage, University shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subcontractor's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by University of the contract. 6. The second paragraph of Article 16 of City Secretary Contract No. 44566 is amended to be and to read as follows: All data and completed or partially completed documents prepared under this contract shall be promptly turned over to the City upon termination of this contract. Notwithstanding the foregoing, University shall be allowed to retain copies of all data and completed or partially completed documents prepared under this contract. 7. The second paragraph of Article 22 of City Secretary Contract No. 44566 is amended to be and to read as follows: The remedies provided for herein are in addition to any other remedies available to the parties elsewhere in this contract and by law. 8. Article 23 of City Secretary Contract No. 44566 is amended to change the parties to be notified under the contract, to be and to read as follows: If to the City: City of Fort Worth Attn: Elmer DePaula Code Compliance Department 1000 Throckmorton Street Fort Worth, Texas 76102-6311 If to the University: University of North Texas Health Science Center Office of Grant and Contract Management Attn: Assistant VP for Research Administration 3500 Camp Bowie Boulevard Fort Worth, Texas 76107 First Amendment to Contract �i44566 Page 3 of 4 University of North Texas Health Science Center. 9. All other definitions, terms, and conditions of City Secretary Contract No. 44566 shall remain unchanged except as expressly set forth herein. IN WITNESS THEREOF, the parties have executed this contract in triplicate in Fort Worth, Texas, on the dates written below. CITY OF FORT WORTH UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER BY: :� • Charle . Daniels LeAnn S. Forsberg Assistant City Manager Assistant VP for Research Ad m in is�h�o� Date: 4.�. i2. �� RECOMMENDED: Brandon Bennett Director Code Compliance Department J��t�n Hal�mon, MBA, CPA, CGMA, l� 1 Senior VP fo Fi nce & CFO Date: S � ?A1 HSC Contract # / APPROVED AS TO FORM AND LEGALITY: � G Arthur N. Bashor Assistant City Attorney �C .�,o_ ATTEST: � � oo° 0 ,'� � , �r-� v/' � � �.-�� oa � Mary J. K _ r `- � o�'Ooa0000p0° City Secretary ��`�� ,- rt� �_ � M&C No. 26299 First Amendment to Contract #44566 University of North Texas Health Science Center. 1� � o� �o o� og� �� FFICIAL R��ORD C9T�' ��ET�l311 ��a�� x � - _�.,,�_...— M&C Review _ �! � ��C` �< Page 1 of 2 OfFlcial site of the Ciry of Fort Worth, Tex.as FORT �'4TOR`I'I1 _ _ _ - __ -- - � _ _-- -- . - _ -- -__ _ COUNCIL ACTION: Approved on 6/4/2013 - Ordinance No. 20788-06-2013 - _ - --- --_ ___ __ _ � _ __ __ __ _ _ _ __ ___ _ __ _ REFERENCE 23UNTHSC/WNV DATE: 6/4/2013 N� : C-26299 LOG NAME: MOSQUITO SURVEILLANCE CODE: C TYPE: CONSENT HEARING: NO SUBJECT: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the General Fund in the Amount of $148,200.00 and Decreasing the Unassigned General Fund Balance by the Same Amount and Authorize Execution of a Professional Services Agreement with the University of North Texas Health Science Center for West Nile Virus Mosquito Surveillance and Supplemental Laboratory Testing Services in the Amount Not to Exceed $148,200.00 (ALL COUNCIL DISTRICTS) _ _ __ - - _--- . _ _ -- - -- �: _ __. __ -- __ _ _ _- -_ __ _ RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund in the amount of $148,200.00 and decreasing the unassigned General Fund Balance by the same amount; and 2. Authorize the execution of a Professional Services Agreement with the University of North Texas Health Science Center to enhance the City's mosquito surveillance effort to reduce the risk of human exposure to the West Nile Virus in the amount not to exceed $148,200.00. DISCUSSION: Since 2009, the City has not had a mosquito surveillance program which systematically collected mosquito samples in Fort Worth for further testing by Tarrant County Public Health (TCPH). Because of budgetary reasons and the historic low risk to human exposure to the virus, the mosquito surveillance program was eliminated. In 2012, Tarrant County Public Health reported a total of 81 human cases and 4 deaths due to West Nile Virus (WNV) in Fort Worth. The 2012 epidemic caught many jurisdictions in the North Texas region by surprise, which like Fort Worth, had reduced or eliminated their mosquito surveillance programs. This limitation weakened the City's ability to respond to the needs of our community. Since the outbreak, some experts have generally agreed that WNV surveillance system in the region, particularly in Tarrant County, has not produced data for scientifc analyses that allows the cities and counties to plan and respond to WNV before an epidemic occurs. With that in view, Staff has researched and discussed options with the public health community and vector disease experts in our region to develop a WNV response plan which includes a comprehensive science based mosquito surveillance program. The 2013 WNV response plan includes a partnership between the City and University of North Texas Health Science Center (University) at a cost not to exceed $148,200.00. It addresses the recognized weak points of the lack of a mosquito surveillance program and enhances evidence-based WNV responses. A summary of the scope of work that the University will provide is highlighted below: Mosquito Surveiilance -(Trapping and Processing of Mosquitoes) the University partner will be responsible for conducting mosquito surveillance activities and reporting outcome of the activities to the City on a weekly basis for proper response. Mosquito Sample Data -(Analysis and Reporting) the University partner will be responsible for the analysis and reporting of the mosquito sample results to the City for proper response. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18486&councildate=6/4/2013 5/12/2014 M&C Review Page 2 of 2 Supplemental West Nile Virus Laboratory Testing - The City will continue the partnership with the TCPH Laboratory (�ab). However, when lab samples reach a maximum submittal threshold, set by Tarrant County Lab, the University partner will be responsible for providing supplemental WNV testing. The 2014 WNV response plan has been incorporated into development of the Fiscal Year 2014 budget through an improvement package. RENEWAL OPTIONS: This contract may be renewed for up to two successive one-year terms at the City's option. Renewal may be effected by notice in writing by the City Manager, or his designee, to the contractor within 30 days of the expiration of the prior term. This action does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. M/WBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with M/WBE or BDE Ordinance, because the purchase of goods and services is from source(s) where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinances, funds will be available in the current operating budget of the General Fund. Upon approval, the unassigned fund balance of the General Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. TO Fund/AccountlCenters 1) GG01 539120 0239004 $148,200.00 Submitted for Citv Manaqer's Office by: Oriqinating Department Head: Additional Information Contact: FROM Fund/AccountlCenters 2) GG01 0539120 0239004 $148,200.00 Charles Daniels (6199) Brandon Bennett (6322) Scott Hanlan (7204) ATTACHMENTS 23UNTHSC WNV MOSQUITO SURVEILLANCE SOA13.doc http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18486&councildate=6/4/2013 5/12/2014