HomeMy WebLinkAboutContract 44566 CITY SECRETARY
CONTRACT I "�u VMMUMM
STATE OF TEXAS
KNOWN ALL BY TENSE PRESENTS.
COUNTY OF TAR ANT
This Contract is entered into by and between the City of Fort, Worth, Ll City 11 a
h me rule, municipality located within Tarrant, Benton Parker, and
Wise Counties, '"T"""exas, acting through Charles W. Daniels, its duly authorized
Ass,istant City Manager, and the University of Forth Texas Health Science
Center ("University"). City and University may be referred to herein ind'i idu ll°
as a, Party, or collectively as the Parties.
That for and in consideration of mutual covenants and agreements hared
contained, the Parties hereto multually agree as follows
ARTICLE 1'.
SERVICES
Jni ersity hereby agrees to perform as an independent contractor the services
s
set forth in the Scope of W rk attached hereto as Attachment "A"
ARTICLE 2,.,
COMPENSATION,
Section 1.
Payment shall he in accordance with the Fee Schedule attached hereto as
Attachment "B. Unless ,agreed in a duly authorized amendment to this contract,
payment is not to, exceed one hundred forte eight thousand, two hundred dollars
($148,20,01.010). In accordance with state law, all expenditures by the City are
subject to the availability of adequate funds and appropriation by the City
Council.
Section 2
Invoice and Payment.
The University ersity shall provide: monthly invoices to the City. Invoices, sh al�l contain
an accurate description of the unit services, the date each, service was rendered'
(i.e. mosquito trapping sample, weekly report, or lab sample), the unit price, and
the, total cost for services rendered for the invoice period.
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Professional, Services Contract FfTv WO
NT' SC-West Naive ""virus Study
RECEIVEDJUN 19 2013
Payment for services rendered shall be due within thirty (30) day's of the
uncontested performance of the particulair services so ordered and receipt by
City of University's invoice for payment of same. In the event of a diiispluted or
contested billing, only that portion so contested may be withheld from payment,
and the undisputed portion will be paid. No interest, will accrue on any contested
portion of the billing until' mutually resolved,. City will exercise reasonableness in
contesting any billing or portion thereof.
University shall receive no additilonall compensation for work delays or
hindrances except when direct, and unavoidable extra costs, to the University are
caused by the City's giross, negligence..
ARTICLE 3.
TERM
Unless, terminated, pursuant to the terms herein, this Agreement shall be for a
term of one year, beginning upon the date of its exec utioni. I'n addition,1 the term
may be extended by a duly authorized, written agreement by the parties, for up to
two (2): additional one-year terms.
ARTICLE 4.
INDEPENDENT CONTRACTOR
University shall operate hereunder as an independent contractor, and not as an
officer, agent, servant, or employee of' the City. University shall have exclusive
control of and, the exclusive riglht to control the details of its work to, be performed
hereunder and all persons performing same, and, shall be solely responsible for
the acts and omissions of its officers, agents, employees, contractors, and
subcontractors. The doctrine of respondelat superior shall not apply as between
City and University, its officers, agents, employees, contractors, and
subcontractors, and nothing herein shall be construed as creating a partnership
or joint venture between City and University.
ARTICLE 5.
PROFESSIONAL COMPETENCE, AND INDEMNIFICATION
Work performed by University shall' be performed in accordance with the
reasonable and professional standard of care exercised by professionals
performing, similar work and shall comply in all aspects with all applicable local,
state and federal laws and with all applicable rules and regulations promulgated
by the local, state and national boards, bureaus and agencies. Approvals issued
by the City or another entity shall not constitute or be deemed to be a release of
the responsibility and liability of University or its officers, agentsy employees,
contractors and subcontractors for the accuracy and colmipetency of its services
performed hereunder.
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UNT-H SC-West Nile Virus Study
A K/AK FICLE 6,
INTELLECTUAL PROPERTY
Section 1.
I
Rights in data.
The City shill have u�nilimited rights in all' data delivered under this contract, and
in all data first produced in the performance of thils contract. Contractor may use
the data for intellectual and scholarly activities with the, permission of the City.
Section 2.
Intellectual property rights and ownership.
All work product developed' by University under this contract shall be the sole
property of the City and the City shall have unlimited rights in such work product.,
All work product developed by University under this contract and rights,, 'title, and
interests to all intellectual property shall vest in the City. Contactor affirmatively,
by executing this contract, dii'sclaims all such intellectual property interests in
favor of the City.
In the event that any rights,, 'title, o!r interest shall by operation of law or otherwise
fail to vest in the City or become void or volidable, Contractor shall a) transfer all
rights,, title, and interest to intellectual property to the City; or alternatively and at
the discretion of the City the Contractor shall b) grant an unlimited license for
publication, sale, reproduction, or use by the City and its authorized sublicensees
of all intellectual property developed under this contract. Contractor agrees to
timely execute any documents or take any other actions as may reasonabily be
necessary, or as the State may reasonabily request, to perfect the State's,
ownership,, license, or other rights to any work product.
Contractor shall not use, sell, transfer, or authorize a third party to use any work
product, copyrights, trademarks, or other intellectual property (or derivatives,
thereof o,f' the work prodluict developed under this contract without the express
written consent of the City.
ARTICLE 7,
INDEMNIFICATION
Section 1:.
General Indemni"ficab'on., TO THE EXENT PERMITTED BY THE
CONSTITUTION AND LAWS OF THE STATE OF TEXAS, UNIVERSITY DOES
HEREBY RELEASE,, INDEMNIFY, REIMBURSE, DEFEND, AND HOLD
HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND, EMPLOYEES, FROM'
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS,
OR CAUSES OF ACTION WHICH MAY ARISE DUE T01 ANY LOSS OR
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UNT-HSC-West Nlile Virus Study
DAMAGE TO PERSONAL PROPERTY, OR PERSONAL INJURY, A NI DIOI
DEATH, OCCURRING AS A CONSEQUENCE OF THE UNIVERSITY'S,
OPERATIONS, '"THEN' SUCH INJURIES, EAST HI , OR DAMAGES ARE
CAUSED BY THE SOLE NEGLIGENCE OF UNIVERSITY, ITS OFFICERS,
AGENTS, EMPLOYEES, OR CONTRACTORS, CSR THE JOINT
NEGLIGENCE OF UNIVERSITY, ITS OFFICERS, AGENTS, EMPLOYEES, OR
CONTRACTORS AND ANY OTHER PERSON OR ENTITY.
,Section 2.
Erg Ironmenfal Indemnification. TO THE EXERT PERMITTED BY THE
CONSTITUTION AND, LAWS OF THE STATE OF TEXAS,, UNIVERSITY ERSI'T DOES
HEREBY RELEASE,S , IN EMNIFY, DEFEND, REII'BUR E,, AND HOLD
HARMLESS THE CITE'`, ITS OFFICERS, AGENTS, AND EMPLOYEES,.
AGAINST ANY AND ALL ENVIRONMENTAL MEI TABL AMAGES OF ANY ICIICID
AND ALSO THE VIOLATION ANY AND ALL ENVIRONMENTAL
L_
STANDARDS RDS INCL U ING STRICT LIABILITY), LAWS,S, O REQUIREMENTS
WHEN SUCH ENVIRONMENTAL TA L DA! AGES OR VIOLATION ATION OF
ENVIRONMENTAL REQUIREMENTS ARE THE RESULT' OF THE ACCT OR
OMISSION OF UNIVERSITY, ITS OFFICERS, AGENTS, EMPLOYEES,EES, R
CONTRACTORS, OR THE JOINT ACCT OR OM' ISSION OF UNIVERSITY, I S
OFFICERS, AGENTS, EMPLOYEES,, CONTRACTORS, R ANY OTHER
HER
PERSON OR ENTITY.
Section 3-
Upon learning of a claim, lawsuit, or other liability which University is required
hereunder to indemnify, City shall provide University with reasonable timely
notice of same.
All 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 Contractors
or subcontractors herein.
The obligations of the Ulnivers,ity sander this ,paragraph shall survive the expiration
or termiw nati n of this Agreement and the discharge, of all other obligations owed
by the parties to each other hereunder.
ARTICLE 8.
Section 1
Insurance coverage and limits,
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NT-HSC_W'est Nile Virus Study
The University certifies it has, at a minimum, current insurance coverage as
detailed below and will maintain it thiro�ulghlout ,the term of this. Contract. Prior to,
commencing work, the University shall' deliver to City, certificates documenting,
this, coverage. The City may elect to have the University submit its entire policy
for inspectioln.
1. 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 shallY without
further, requirement, satisfy all insurance obligations, of University under this
Agreement.
Section 2.
Additional Insurance Requirements,
1 The City, shall not be responsible for the direct payment of any
insurance premiums required by the contract. It is understood that
insurance cost is an allowable component, of University's overhead.
2. All insurance required, above shall be written on an occurrence basis in
order to be approved by the City.
3. Subcontractors to the University shall be required by the University to
maintain the same or reasonably equivalent insurance coverage as
required, for the University. 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.
ARTICLE 9.
LICENSES AND PERMITS
University certifies that on the day any work is to, commence under this contract
and during the duration of' the contract it shall have and maintain all of the
current, vallid, and appropriate federal, state, and local licenses and permits
necessary for the provision of services under this contract.
University also certifies that if it uses any subcontractor in the performance of this
ntract, that, such subcontractor shall have and maintain all of the current,
co
valid,, and appropriate federal, state, and local licenses and permits,
necessary for the prov,i I&i on of services under t,hiis, contract.
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ARTICLE 10.
TRANSFER OR ASSIGNMENT
City and University each bind themselves, and their lawful successors, and
assigns, tothis, Agreement. University has been engaged as a consequence of
University's specific and unique skills- Assignment will Daly be granted under
unusual circumstances and at, the sole discretion of the City. University, its lawful
successors and: assigns, shall not assign, sublet or transfer any interest in this
Agreement withouilt prior written consent of the City.
ARTICLE 11.
RIGHT TO AUDIT
a) University agrees that the City shall, ulntil the expiration of three (3) years
after final payment under this Agreement, have access to and the right to,
examine any directly pertinent books, documeints, papers and record's of
Un iversity involving! transactions, relating to this Agreement. University agrees
that the City shall have access during normal working hours, to all necessary
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 University reasonable advance notice of intended audits.
b) University further agrees to include in all its subcontracts hereunder, a
provision to the eiff eict that the subcontracting contractor agrees that the City
shall, until the expiration of three (3) years after finial, payment under the
subcontract, have access, to and the right to examine, any directly pertinent
books,, documents, papers and records of such subcontractor, involiving
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 work space in, order to conduct audits in
compliance with the provisions of this article. City shall give University and
any subcontractor reasonable advance notice of intended audit.
c) University and subcontractors agree to photocopy such documents as may be
requested by the City. The City agrees to reirriburse, University for the cost of
copies at the rate published in the Texas, Administrative Code in effect as of
the time copying is performed'.
ARTICLE 12.
BUSINESS DIVERSITY ENTERPRISE
(BDE) PARTICIPATION
In accordance with the City's Businiess Dliversity
, Enterprise (BDE) Ordinance
No.20020-12-2,01 1% the City has established goals for the participation of BDEs, in
City contracts. Unless a waiver of DBE goals, has been authorized by the City,
University hereby acknowledges the BDE goals established in the Contract
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UNT-HSC-West Nile Virus Study
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uocuments for this project and affirms its contractually enforceable agreement to
achieve those goals. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Consultant may result
in the term,ination of this Agreement and debarment from participating in City
contracts fora period of time of not less than three (3:) years,.
ARTICLE 13.,
NOWDISCRIMINATION
During the performance of this contract, University shall not discriminate in its
employment practices and shall comply with all applicable provisions,sions, of' Chapter
17, Article III of the Code of the City of Fort Worth.
University agrees: not to discriminate against any employee or applicant for
employment because of because of age, race, color,, religion, sex, disability,
national origin, sexual orientation, transgender, gender identity or gender
expression in any manner involving employment, including the recruitment of
applicants for employment, advertising, hiring, layoff, recall, termination of
employment, promotion, demotion, transfer, compensation, employment
classification, training and selection for training or any other terms, conditions or
privileges of employment.
University agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of the non-
discrimination clause.
University also agrees that in all solicitations or advertisements for employees
placed by or on behalf of this contract, that University is an equal opportunity
lemp!loyer.
Notices, advertisements, and solicitations placed in accordance; with federal law,
rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements, of this section.
ARTICLE 14.
OBSERVE AND COMPLY
University shall at all times observe and comply with all federal, state, and local
laws and regulations and with all City ordinances and regulations which in any
way affect this Agreement and the work hereunder, and shall observe and
comply with all, orders,, laws ordinances and regulations which may exist or may
be enacted later by governing bodies, having jurisd'icti,on or authority for such
enactment. No plea of misunderstanding or ignorance thereof shall, be
considered. To the extent permitted by the constitution and laws of the State of'
Texas, University ag,rees to defend, indemnify and hold harmless City and all of
its officers, agents, and employees from and against all claims or liability arising
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UNT-HSC-West Nile Virus Study
out of the violation of any such order) law,, ordinance, or regulation, whether it be
by itself oir its ern p,loyees,.
ARTICLE 15.
DEFAULT
If at any time during the terms of this contract, the work of the University fails to
meet the specifications of the contract or to meet the standards of duty, care, or
pirolfic,iency of a reasonable and competent professional, City may notify the
University of the deficiency in writing. Failure of the University to correct such
deficiency and complete, the work required under this contract or a Task Order to
the satisfaction of the City within ten (10) days after written notice shall constitute
default) and shall result in termination of this contract.
University shall not be deemed to be in default because of any failure to perform
under this contract if the failure arises solely -from causes beyond the control of
the University and without any fault or negligence by the University. Such
causes shall include acts of God, acts of war or terrorism, fires, floods,
epidemics, quarantine restrictions,, labor strikes, freight embargoes,) and events
of unusually severe weather.
ARTICLE 116.
TERMINATION
Either Party may terminate this contract without cause by giving thirty (30) days
written notice to the other Party. City shall pay University for all services
performed prior to the termination. Termination shall, be without prejudice to any
other remedy the Parties may have.
All data and completed or partially completed documents prepared under this
contract shall be prom,pt,ly turned over to the City upon termination of this
contract.
ARTICLE 17.
VENUE AND JURISDICTION
If any action, whether real or asserted, at law or in equity, arises on the basis, of
any provision of this Agreement, venue for such action shall lie in state courts
Iodated in Tarrant County, Texas or the United States District Court for the
Northern District of Texas - Fort Worth Division. This Agreement shall be
construed in accordance with the laws, of the State of Texas.
ARTICLE 181.
CONTRACT CONSTRUCTION
The Parties acknowledge that each party and, if it so chooses, its counsel have
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UNT-HSC-West Nlile Virus, Study
reviewed and revised this Agreement and that the normal rule of construction to
the effect that any ambiguities are to be resolved against the drafting party must
not be employed in the interpretation of this Agreement or any amendments or
exhlibits hereto.
ARTICLE 19.
HEADINGS
The headings contained herein are, for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
ARTICLE 20.
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes, be deemed an original, but all such
counterparts shall together constitute but one and the same instrument.
ARTICLE 21.
SEVERABILITY
The provisions of this Agreement are, selverabile, and if any word, phrase, clause,
sentence, paragraph,, section or other part of this Agreement or the appl,ication
thereof to any person or circumstance shall ever be held by any court, of
competent jurisdiction to be invalid or unconstitutional for any reason, the
remainder of this Agreement and the application of such word, phrase, clause,
sentence, paragraph, section, or other part of this Agreement to other persons or,
circumstances shall not be affected thereby and this Agreement shall be
construed as if such invalid or unconstitutional portion had never been contained
therein.
ARTICLE 22.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Uln,iversity constitute
or be construed as a waiver by the City of any breach of covenant, or, any default
which may then exist, on the part of University, and the making of any such
payment by the City while any such breach or default exists shall in no way
impair or prejudice any right or remedy available to the City with respect to such
breach or default. Any waiver by either party of any provision or condition of the
contract shall not be construed or decreed to be a waiver of any other provision
or condition of this Contract, nor a waiver of a subsequent breach of the same
provis,ioin or condition, unless such waiver is expressed in writing by the party to
be bound.
The remedies provided for herein are in addition to any other remedies available
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UNT-HSC-West Nile Virus Study
to the City elsewhere in this contract and by law.
ARTICLE 23.
NOTICES
Notices to be provided hereunder shall be sufficient if forwarded to the other
Party by hound-delivery or via U.S. Postal Service certified mail return receipt
requested, postage prepaid, to the address of the other Party shown blelow.-
If to the City.- City of Fort Worth
Scott Hanlon, Assistant Director
Code Compliance Department
1'000 Throckmorton Street
Fort Worth, Texas 76,102-6311
If to the University-., University olf' North Texas Health Science Center
Richard Kurz, Dean, School of Public Health
1
31500 Camp Bowie Boulevard
Fort Worth, Texas 7 7
ARTICLE 24.
REPRESENTATION
University represents that it will perform all services under this Contract in a
professional, lawful, safe, and efficient manner and in full, compliance with all
applicable state and federal laws governing its activities and is under no, restraint
or order which would prohibit performance of services under th,is, Contract.
ARTICLE 25.
NO THIRD-PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and
third persons not privy hereto shall not, in any form or manner, ble considered a
third party beneficiary of this Agreement. Each party hereto shall, be
solely responsible for the fuilfililment of its own contracts or commitments.
ARTICLE 26.
ENTIRETY
This contract and any other docurnents incorporated by reference herein
are binding upon, the parties and contain all the, terms and condlitions agreed to
by the City and University, and no, other contracts, oral or otherwise, regarding
the subject matter olf this contract or any part thereof shall, have any validity or
blind any of the plarties, hereto,. In the event of any conflict between this contract
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UNT-HSC-Welst Nile Virus Study
and any other contract documents, then the terms of this contract shall govern.
1
Limitations. University is subject to constitutional and statutory limitations, on its
ability to enter into certain terms and conditions of the Agreement, which may
include those terms and conditions relating to: liens on University property',
disclaimers, and limitations of warranties; disclaimers and limitations of liability for
damages; waivers, disclaimers and limitations on legal, rights, remedies,
requirements, and processes; limitations of time in which, to bring legal action;
aby for acts o r
granting control of litigation or settlement to another party, Ii ilit
omissions of third, parties; payment of attorney's fees; dispute resolution,
indemnities; and confidential information. Terms and conditions relating to these,
limitations will not be bindi,nig, on University,, sea pt ,to the extent not prohibited by
the Constitution and the laws of the State of Texas.
Remainder of page left blank intentionally
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NT }CSC-West Nile Virus Study
"A"TTAC H,M E N,T A.
SCOPE OF WORK
Contractor will furnish all labor, materials and equipment necessary to perform
the services described below.-,
Mosquito Surveillance - Trapping and Processing
Mosquito Sample Data —Analysis and Reporting
West Nile Virus Testing — Supplemental
I. 'Mosquito Surveillance - Tra,p-pigg-and Processing:
a. Weekly Surveillance - The University is responsible for conducting
mosquito surveillance activities and reporting outcome of the
activities to the City on a weekly, basis.
b. Methodology — In, order to estimate the risk of WNV exposure,
appropriate areas in the City will be selected as fixed mosquito-
trapping sites. In order to collect information on the abundance of
the vector mosqlulito, population and the proportion of WNV infected
mosquitoes in that population, up to 60 traps will be set and
attended by the University every week from May through, October
(up to 26 weeks).
c. All the collected information, will be recorded in pre-made mosquito
trapping and WNV testing forms and transferred to, the electronic
database system. Every week the University will communicate with
the City and provide, the estimated WNV exposure risk along with a
recommendation for appropriate responses to the estimated risk.
11. M-osguito SaglpI,e Data - An,glysis and Rgportin,g.
a. Weekly Sample Result Analysis, — The University is responsible for
the analysis of all weekly collected mosquito, sampile results.
b. Weekly Sample Result Report — The University is responsible for
the reporting, of the mosquito sample results in a suitable format to
the, City's representative.
111. 'West Nile Virus JWNV) Laboratory Testigg - Supplemental'--
The City currently partners with the Tarrant County Public Health,
Laboratory. By reason, of the Colunty's, existing munlic,ipal partnerships and
laboratory capacity it provides a limited number (45 samples) of weekly
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UNT-.HSC-West Nile Virus Study
WN'V' testing samples for the City. Therefore, the University will be
responsi,bile for providing, supplemental WNV' la,boratory testing for the City
to supplement the capacity provided by Tarrant County. This supplemental
lab testing, designed to determine whether a mosquito tests positive for
WN,V, will be provided by the University as needed during the peak
months, (dune, July, and August) of the WNV season.
IV. Period of Sc of W'orK.-
Unless specifically described above or mutually agreed otherwise, the
University will provide these services from the third week of May through
October.
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ITT'-HSC-West Nile Virus Stuldy
ATTACHMENT B.
FEE SCHEDULE,
The University shall be compensated for services rendered in accordance with this
co�ntract on a per unit basis,, subject to the contract riot-to exceed cost, as specified in
the fee schedule below.-
SERVICE
UNIT OF FEE PER ANTICIPATED CONTRACT'
SERVICE SERVICE UNIT VOLUME COST'
Mosquito Trapping Per mosquito 610 per week
$75.00 $1171,000.00
and Processing: trapping sample for 26 weeks,
(Cost to conduct mosquito
surveillance in Fort Worth which
includes- trapping and
processing of mosquito pool
samples)
Mosquito Sample Result Per weekly $1500.00 26 weekly $13)000.00
Analysis- report reports
(Cost to analyze data and
provide City of Fort Worth with
weekly reports and
recommendation
Laboratory Testing Per lab sample $35.00 20 per week $1811200-100
for 26 weeks
(Cost to provide supplemental
laboratory testing services as
needed
Contract Total $148,200.00
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SIGNATURE PAGE
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement in multiple originals, on the dates written below, in Fort Worth, Tarrant
County, Texas..
CITY OF FORT WORTH UNIVERSITY OF NORTH TEXAS
1000"k
H TH
SCI CE CENTER
fiaries W. Dameis, Richa-1-1 Kurz, PhD
Dea School of' lip
As s. ant City Manager ,.H�e�a
U
7
Date S,igne
Date Signed,-. 019
T rio, P�D
Pro s xec.VP f r Academic Affairs
/
Da i
JQ�hn Ikk Harman,, MBA, CPA, CGMA, CM E.
S i V for Piro, P n n lm
'q I I
Date igned:
Qw
HSC Contract# 15741
RECOM, ENIDED.0
o5o
Scott HanlQn Witness
Assistant Director
APPROVED AS TO FORM AND Seal:
LEGALITY-
VL
Arthur N. Bash or
Assistant City Attorney
ATTEST.- %44t
b
"A T Jc
Mary J. Kayse 0 (;oVt1D
tj '0 dc" of
ty Secretary AR
f
7 CITY Svelte,
11:
F ore
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M&C Review Page I of 2
,C)f"fii-Jal site of the('At y of Fof Worth,T1-
FORT WORT 11.
CITLYff COUNCIL AGENDA ,Woo$
N&IM WRIMMINMIA NO
COUNCIL ACTION: Approved on 6/4/2013 - Ordinance No. 20788-06-12013
00411010ffiollv NOMMUMONAM
REFERENCE 23UNTHSC/WNV
DATE: 6/4/2013 NO.: C-26299 LOG NAME: MOSQUITO
SURVEILLANCE
CODE: C TYPE,-, NON- PUBLIC NO
CONSENT HEARING:
A
SU�BJEC 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,,2001.00 (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,,200o.00 and decreasing the unassigned General Fund Balance by the same, amo!unit,
and
2. Authorize the execution of a Professional Services Agreement with the University of North Texas Health
Sclenice Center to enhance the City's 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 systernatically 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 20121,, Tarrant County, Plubilic 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
su�rpirise, whilich, like Fort Worth, had reduced or eliminated their mosquito surveillance programs. This
l�imitation 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 scientific 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 WN,V 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 Surveillance - (Trapping and Processing of Mosquitoes) the Ulniv rsi�ty 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
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a,n,a:lysis and reporting of the mosquito sample r,esu lts to the City for proper response.
Su,pplementa,l, West Nile V'irus Laboratory Testing - The City will continue the partner with the TCPH
Laboratory (Lab)l. However, when lab samples reach a maximum submittal threshold, set by Tarrant
County Lab, the University pairtnier 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.
f 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/W or B,DE Ordinance, because
the purchase of goods and services is from source(s)where subcontracting or supplier opportunities are
negligible.
FISCAL INFORMATIONXERTIFICATION:
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/Account/'Centers FROM Fund/Account/Centers
1)GGOJ 539120 02390o 4 $148200.010 2)GG01 0539120 0239004 $1,48,200.00
Submitted for Ci1tv Manager's Office by: Charles Daniels (6199)
Or' I men,t Head,-
11,ginat'ng Depart a Brandon Bennett (6322)
Additional Information Contacts. Scott Hanlan (7204)
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ATTACHM�EN�TS,
23UNTHSC WNV MOSQUITO, SURVEILLANCE, SOA131.doc
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