HomeMy WebLinkAboutContract 28557 CITY SECRETARY
CONTRACT NO.
04-24-03A10 :06 RCVD
STATE OF TEXAS §
COUNTIES OF TARRANT, §
DENTON and WISE
This agreement is made and entered into between the City of Fort Worth,
hereinafter referred to as "City," acting by and through Libby Watson, its duly
authorized Assistant City Manager, and the University of North Texas Health Science
Center at Fort Worth, a Texas public university, hereinafter referred to as "Contractor,"
acting by and through its duly authorized representative.
RECITALS
WHEREAS, the City of Fort Worth has received funds from the Texas
Department of Public Safety Crime Laboratory to eliminate the backlog of no-suspect
DNA casework; and
WHEREAS, the City of Fort Worth has received funds from the Fort Worth Crime
Control and Prevention District to fund DNA outsourcing during certification of the Fort
Worth Crime Laboratory DNA Section; and
WHEREAS, the City of Fort Worth periodically requires outside firms to provide
DNA analysis during staff vacancies and periods of high workload; and
WHEREAS, UNT Health Science Center proposes to provide necessary DNA
analysis services;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
1.
Contractor agrees to fully perform, or cause to be performed, with good faith and
due diligence, all work and services described in Exhibit "A," attached and incorporated
herein for all purposes incident to this contract, at the rates described therein
2.
It is understood and agreed that no guarantees of volume or work are made by
this agreement nor is Contractor designated as the exclusive contractor of these
services for the City of Fort Worth.
3.
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The term of this agreement is for a period beginning on Feb ruary
ending on February 11, 2004. RAI Ry
DIRT
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4.
This agreement may be terminated bm either party hereto, iD whole O[ iOpart8f
any time and for any reason, upon written notice to the other party. Such written notice
shall specify fO what extent the work under the agreement iS being terminated and the
effective date Of the termination. Within thirty /30\ days after the effective date Ofthe
t8[OOiO8tiOO. COOtQ]C[O[ shall fODN8[d to City an invoice for all Ge[ViC8S DPDVidRd prior to
the effective date Oftermination and City shall remit payment in full within thirty /30\
days after the date Of such invoice.
In the event OO funds O[ insufficient funds are appropriated and budgeted by the
City in any fiscal period for any p8VOl8Ot8 due hereunder, the City will notify COOt[8C[Or
of such occurrence as soon as possible and this Contract shall terminate on the last day
of the fiscal period for which appropriations were received, without penalty or expense
tO City Of any kind whatsoever, except 8SfO the portions Of the payments herein agreed
upon for which funds shall have been appropriated and budgeted.
5.
Contractor and City agree that iO the event either party fails tO comply with, O[
breaches, any of the f8[DlS and pFOViGiODS of this 8gF8eDleO[' the OOO-b[88ChiOg party
shall provide written notice tU the other 2G soon 8S reasonably possible after the non-
breaching party becomes aware Of the failure fO comply O[ breach Of contract. IOthe
event that the breaching party fails fO cure OF correct such breaches within 8reasonable
time following the receipt Of nOtiC8, but in any eVBOf no more than 15 d@VG' the DOO-
bF88ChiDg party shall have the right to declare this agreement immediately terminated.
6.
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TO the extent permitted h«the Constitution and laws Of the state Of Texas ,
Contractor shall indemnify and hold the City and its officers, agents and eDlDlOV8RS
harmless from any loss, damage, liability O[ expense for damage fO 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 out of any negligent act,
error O[omission in the D8rfO[08OC8 of Contractor's p[Ofe8GiOO@l S87ViC8G. TO the
eXf8Ot permitted by the COOGt|tUt|OO and |8VVS of the state of Texas, COntn8CtO[ shall
defend, @[ its own expense, any suits O[other proceedings brought against the City, its
officers, agents and employees, O[ any Of them, resulting from such negligent act, error
O[ omission; and shall pay all expenses and satisfy all judgments which may beincurred
by or rendered against them, or any of them, in connection therewith resulting from such
negligent 8Cf' error O[omission.
Contractor will provide C8[tifiC8fiOO COOfi[OliDg S8lf~iOSU[8d Sf@fUS Of University of
North Texas Health Science Center at Fort Worth. TO the 8}t8Dt p8[0Oiff8d by l8VV'
City agrees [O indemnify and hold harmless Contractor from any claim, d
injury, expense or loss arising out of City's performance, direct or indire
8gF880O8Of.
GNTY
2
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7.
Contractor warrants fO the City OfFort Worth that it has made full disclosure in
writing of any existing or potential conflicts of interest related to the S8PviC8S to be
performed hereunder. Contractor further warrants that it will make DnDDlDt diSClOSU[O in
writing Of BOV CODfliCfS Of inf8[8Sf that develop SUbS8QU8O[to the signing of this
Contract.
8.
Contractor agrees that the City shall, until the expiration Of three /3\ years after final
payment under this Contract, have access to and the right to examine any directly
pertinent books, documents, papers and records of the Contract involving transactions
FGl@fiDg to this Contract. Contractor agrees that the City shall have 8CCeSS 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. The City shall give Contractor reasonable advance notice Df
intended audits.
Contractor further agrees fOinclude iO all Of its subcontractor agreements hereunder
2 provision tDthe effect that the subcontractor agrees that the 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 in compliance
with the provisions Of this paragraph. City shall give subcontractor reasonable advance
notice Of intended audits.
9.
Neither D8d« h8[efO shall @SGigO' sublet or transfer its iOt8P8St herein without
the prior written consent Of the other party, and any attempted assignment, sublease O[
transfer Of all OF any part hereof without such prior written consent shall be void.
10.
Contractor shall operate hereunder 8S8O independent contractor and not 8S8O
offiC8[. 8geOf' S8[V8Of or B0plOV88 of City. COOt[@C[OF shall be solely [8SOOOSibl8 for the
acts and omissions Of its officers, members, agent, servants, and employees. Neither
City nor Contractor shall b8 responsible under the Doctrine OfReSOOnde8t Superior for
the acts and omissions Of its officers, nle0b8rS' @gBDfS. G8[V@VtG, employees, or
officers Of the other. ItiS understood that any relationship created bV this agreement
between the parties shall b8 that Of independent contractors. Under OOcircumstances
shall either party be deemed 8D employee Of the other nor shall either party act @SaO
8g8Of of the other party. Any and all 'OiOf VeOtU[G' joint enterprise,
i8 hereby expressly denied and the parties expressly state that they have nUMME COO PD
expressly O[ i0pli8dlV B joint venture, joint enterprise, or partnership.
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11.
City and Contractor agree that neither it nor any of its OffiCOFG' 0eDOb8[S' @geD[S'
8FOplOVB8G, p[Og[BDD p8[hcip@DtS. or subcontractors, while engaged in p8[f]F[DiOg this
contract shall in connection with the employment, advancement, or discharge of
employees, O[ iD connection with their terms, conditions O[ privileges Oftheir
employment, discriminate against persons OD any unlawful basis, nor will Contractor
permit its agents, employees, subcontractors or program participants to engage in such
discrimination. _
12.
The provisions Of this agreement are severable and if for any reason 8clause,
sentence, Or paragraph OF other part Of this agreement shall b8 determined tObeinvalid
by a court or federal or state agency, board or commission having jurisdiction over the
SUhi8Ct matter thereof, such invalidity shall not affect other pFOViGiOOG which can be
given effect without the invalid pFOViSiOD.
13.
The failure of City or Contractor to insist upon the performance of any term or
OPOViSiOO of this @gnBeDleOt or to 8xeFCiG8 any right herein COOf8[r8d shall not be
COOSt[U8d as @ VV@iV8F or relinquishment to any extent Of City's or COOt[@CfO['S right to
assert O[ rely upon any such term Or right OO any future occasion.
14.
Should any action, whether real OF asserted, 8f law O[ iO equity, arise out Ofthe
execution, performance, attempted performance OF non-performance Of this contract
and agreement, VenU8fn[ S2id8C[iOn8hall lie in Tarrant County, Texas.
15.
The governing bodies Of City and Contractor have approved the execution Ofthis
agreement, if required, and the persons signing the agreement have been duly
@UthO[iZ8d bV the governing bodies Of the City and Contractor tO sign this agreement OO
behalf Ofthe gOV8[DiOg bodies.
16.
This VVFitt8O instrument constitutes the entire agreement by the parties hereto
concerning the work and services performed hereunder, and any prior O[
COOt80OpO[@OBOUS' O[8l or written agreement which DU[pO[fS to vary from
hereof shall be void. CRY 3)KCAMIRY
4 In Va.
IN WITNESS WHEREOF, the parties hereto ve executed this ajreement in multiples
in Fort Worth, Tarrant County, Texas, this ' day of 6- A.D.
2003.
ATTEST: CITY O FORT WORTH
c B _
X1oriaav4nn, amity Secretary Libb atson
— `,( 1�''� Assistant City Manager
contract Authorization
r)aAPPROVED AS TO FORM AND LEGALITY:
By: ✓ -%S �\
As stant i y Attorney, for
David Yett, City Attorney
Date: IZF/Zo3
ATTEST: UNIVERSITY OF NORTH TEXAS
HEALTH SCIENCE CENTER AT FORT
WORTH
Steve R. Russell
. VP for Finan &
A min' i n
B
Mar . fin, D.O.
Dean, Texas College of
Osteopathic Medicine
im
CRY Klul--IMAIPY
5
EXHIBIT A
FORT WORTH POLICE DEPARTMENT
FORENSIC SCIENCE LABORATORY
350 WEST BELKNAP STREET
FORT WORTH,TEXAS 76102-2004
(817)877-8084
FAx(817)877-8208
INFORMATION SUPPLIED BY:
Name Joseph Warren Title Asst Director Agency United Health Science Center DNA ID-Lab
Phone 817/735-5107 Fax 817/735-5016 E-mail
The Fort Worth Police Depart Forensic Science Laboratory provides the service of DNA
testing of selected biological evidence associated with a criminal investigation to law
enforcement agencies and the District Attorney's office.
The Forensic Science Laboratory is actively participating in the No Suspect Casework
DNA Backlog Reduction Program (FY2001) and wishes to contract out the screening and
DNA analysis of all qualifying no suspect cases.
Below is a listing off all of the services that the Forensic Science Laboratory routinely
performs and/or out sources for testing. Where necessary,please indicate NA for"not
applicable". Please provide your fee schedule for the following services:
Semen Stain Examination Charge per unit or exam
Presumptive testing $35.00/Item
Confirmatory testing See above (one price)
Sexual Assault Kits $100.00/Kit
Clothing (shirt,panties,pants) $35.00/Item
Bedding (sheets, comforters) $35.00/Item
Miscellaneous Items, (carpet sections)
Other
Other
Blood Examination Charge per unit or exam
Presumptive testing $35.00/Item
Confirmatory testing See above (one price)
Testing for Human Origin See above (one price)
Clothing &Bedding $35.00/Item
Miscellaneous Items (carpet sections) .$35.00/Item
Large Items (i.e. - chairs, door) $35.00/Item
Other
Other
DNA Testing Charge per unit or exam
AmpF1STR COfiler/Profiler Plus See attached sheet
AmpF1STR Identifiler N/A
Mitochondrial DNA Testing See attached sheet
Testimony and/or Associated Costs N/A
Other
Other
Anticipated date of initiating processing of suspectless casework samples:Feb-2003
Anticipated turnaround time for 25 pre-screened cases (average of 2-3 samples per case):
4 weeks
Anticipated turnaround time for 25 unscreened kits (average of 4-5 samples per case):
4 weeks
Anticipated turnaround time for 25 unscreened kits and additional evidence (clothing):
5 weeks
Comments: Please use the remaining space on this form(or attach a sheet) to document
any concerns or comments you wish to record regarding forensic DNA testing in your
laboratory. Please indicate your short and long term evidence storage capabilities.
The turnaround time is decided with current lab personnel. It is anticipated that new hires
Will be made that could reduce the turnaround time down to 2-4 weeks.
Proposed Price List for FVYTPD DNA Backlog Cases
Standard Sexual Assault Kit (Vaginal, Anal, Oral Swabs and Smears): Screening
(presumptive and confirmatory testing): $100.00 per kit
Sexual Assault Bulk Evidence (panties, clothing, blankets, towels etc.): Screening
(presumptive and confirmatory testing): $35.00 per item
Non-Sexual Assault Bulk Evidence Screening (presumptive and confirmatory testing):
$35.00 per item
Profiler Plus/Cofiler DNA testing-reference samples: $300.00 per item
Profiler Plus/Cofiler DNA testing-evidentiary samples: $500.00 per item
Profiler Plus/Cofiler DNA testing-Unknown Suspect Sexual Assault Kit (up to 3 items of
evidence): $750.00
Profiler Plus/Cofiler DNA testing-prescreened/pre-cut samples: $460.00 per item
Profiler Plus/Cofiler DNA testing-Unknown Suspect Sexual Assault Kit prescreened/pre-
cut samples (up to 3 items): $650.00
Mitochondrial DNA testing-reference samples: $1000.00 per sample
Mitochondrial DNA testing-evidentiary samples: $1200.00 per sample
City of Fort Worth, Texas
"ayor A"d cou"Cil commu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
2/11/03 **C-194,70 1 35SERVICES 1 1 of 2
SUBJECT CONTRACTS FOR PROFESSIONAL SERVICES FOR THE FORT WORTH POLICE
DEPARTMENT CRIME LAB
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute contracts for forensic science services with Orchid Cellmark
Forensics and the University of North Texas Health Professional Science Center - DNA Identity
Laboratory for a period of twelve months, with four one-year options to renew at annually negotiated
rates per exam; and
2. Authorize these agreements to begin February 12, 2003, and expire February 11, 2004.
DISCUSSION:
The Fort Worth Police Department has used outside firms to supplement the casework performed by
the Police Department Crime Lab in recent years. Annual expenditures have ranged from less than
$10,000 to $110,000 annually, depending on staff vacancies, lab capacity and backlog reduction
efforts. This expense is expected to rise during FY2002-2003 due to the outsourcing that will be
required during the DNA Section certification if Crime Control and Prevention District funding is
approved in coming weeks.
In addition, with the receipt of the recent grant award from the Texas Department of Public Safety
Crime Laboratory to eliminate the backlog of no-suspect DNA casework, the department has funds of
$836,000 to expend. With this significant increase in the volume of work to be outsourced, the
department has elected to contract with both Orchid Cellmark Forensics and the University of North
Texas Health Science Center - DNA Identity Laboratory for services. This will offer the Police
Department the flexibility of utilizing the service that is most cost-effective and time-efficient throughout
the year.
Because this contract is for the procurement of professional services, Section 252.022(a)(4) of the
Texas Local Government Code exempts this purchase from competitive bidding. The Police
Department has selected these particular vendors because of the need for scientific integrity and
credible testimony and their location in the Metroplex.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
department and approved by the M/WBE Office because the purchase of services is from sources
where subcontracting or supplier opportunities are negligible.
a
i
City of'Fort Worth, Texas
4vagor a"d cwou"Cil commu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
2/11/03 **C-' 9470 1 35SERVICES 2 of 2
SUBJECT CONTRACTS FOR PROFESSIONAL SERVICES FOR THE FORT WORTH POLICE
DEPARTMENT CRIME LAB
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated,
of the General Fund and the Grants Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Ralph Mendoza 4-8386 (from) APPROVED 2/11/03
GG01 539120 0353403
Additional Information Contact: GR76 539120 035441818010
Phil Aviles 4-8083