HomeMy WebLinkAboutContract 28470STATE OF TEXAS � ���� ���.������ r,
��� T�'���i �. �_1� `�" f�
COUNTIES OF TARRANT, �
DEIVTON and WISE
This agreement is made and er�tered into betwe�n the Ciiy of For� �orih,
here�nafter referred to as "City," act�ng by and through �ibby liid��son, ifs duly
autharized Assistanf Cify Manager, and the Orchid Cellmark �orens�cs -�allas, a
Texas for-profit corporation, hereinafter referred to as "Contractor," acting �y and
throu�l� Jahn Rader, its duly authorized �orensic �onfrac� �dminisfra�or.
Fi��Ii�LS
VIIHEREAS, the Cify of Fort Worth has recei�ed funds from the Texas
Department of Public Safety Crime Laboratory ta eliminate the backlog of no-suspect
DNA casework; and
WHEREAS, the City Qf Fort Worth has received funds from the �ort Worth Crime
Control and PreventEon District fo fund DNA oufsourcing during certification of the Fo�t
Worth Crime Laboratory DNA Section; and
WHEREAS, the City af Fo�t Worth per�odical[y requires outside firms to pra�ide
DNA analysis during staff vacancies and periods of high workload; and
WHEREAS, Orc�id Ceflma�k Forensics proposes to pro�ide necessary DNA
analysis services;
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follaws:
1.
Contractor co�enants and agrees to fully perform, or cause �o 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 contrac�, at th� rates described
therein
2.
It is understood and agreed that no g�arantees o� �olume or work are made by
th�s agreement nor �s Orchid Cellmark Forensics designated as the exclusive contractor
of these services for the City o�F Fort Wor�h.
,� 1.
3.
The term af this agreement is for a period beginning on February 12, 20�3, and
�nding on February 11, 20a4.
�
This agreement may be terminated by �ither party hereto, in whole or in part, at
any time and for any reason, upon written notice to the other party. Such writ��n notice
shall specify to what �xtent the wor�c under the agreemenf is being terminated and the
effecti�e date ofi the termination. Within thirty (30} days after the effecti�e �ate of the
termination, Contractor shall forward to City an invoice for all expenditures prior to the
effective date af termination and City shall remit payment in full within sixty (60) days
after the date of such invoice.
In fhe event no fiunds or insufficient funds are apprnpriated and bt�dgeted by the
Ciiy in any fiscal periad for any payments due hereunder, the City will notify Contractar
of such occurrence as soon as possibl� and ihis 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 as to the portions of the payments herein agreed
upon for which funds shall �ave been appropriated anc! budgeted.
�
Contractor and City covenant and agree thaf in #he e�ent either par�y fails to
comply with, or breaches, any ofi the terms and provisions of this agreement, the nan-
breaching party shall provide written notice to the ather as soon as reasonably possible
after the non-breaching party becomes aware of the fa�lure to comply or breach af
contract. In the event that the breaching party fails to cure or correct such breaches
within a reasonabEe time following the rece�pt of natice, but in any event no more fhan
15 days, the non-breaching par�y shall have the rigE�t to d�cfare this agreement
immediately terminated.
Q
To the extent permitted by applicable law, Contractor shall indemnify and hold
the City and its officers, agen#s and employees harmless from any loss, damage,
liability or �xpense for damage ta proper�y and injuries, including death, to any person,
including but not Eimited to officers, agents or employees of Contrac�or or its
subcontractors, which may arise out of any negligent act, error or omission in the
perFormance of Contractor's profiessional services. To th� extent permitted by
applicable law, Contractor shall defend, at i#s own expense, any suits ar ofher
proceedings brought against the City, its officers, agents and employees, or any of
them, resulting from such negligeni act, error or omission; and shall pay all expenses
and satisfy all judgments which may be incurrad by or rendered against them, or any of
them, in connection therewith resulting from su�h negligent act, error or omission.
Contractor further warrants that it will maintain throughout the term af this
contract insurance of the types and in the amounts specified in Attachment I—Insurance
Rec�uirements for the City of Fort Worth.
7.
Contractor warrants to the City of �ort Wor�h that it has made full disclosure in
writing of any �xisting ar pofential cor�flicts af interest related to tY�e serv€ces to be
perFormed hereunder. Contractor further warrants that it will make prompt disclosure in
writing of any con#licts af interest that develop subsequent �o the signing af this
Contract.
:
Contractor agrees that the City shall, until the expiration of three (3} years after final
payment under this Contract, have access to and the righ� to examine any direc�ly
pertinent �ooks, dacuments, papers and records of the Contracf involving transactions
relating to t�is Coniract. Contractor agrees that ihe City shall have access during
normal working hours to all necessary Contractor facilities and shall be pro�ided
adequate and appropria�e workspace in order to conduct audits in compliance with the
provisions of this section. The City shall give Contractor reasonable advance notiee of
intended audits.
Contractor further agrees to include in all of its subcontractor agreements hereunder
a�rovision to the effect that the subcontractar agrees tha# the Cify sha[I, until the
expiration of three (3) years after final payment under the subcontract, ha�e access to
and the right to examine any direc#ly per�inent books, documen�s, papers and records ofi
such subcontractor involvi�g transactians ta the subcantracfi, and further that City shall
have access during normal working hours ta al{ subcantractor facilities and shall be
pra�id�d adequate and appropriate workspace in order to conduct audits in compliance
with the provisions of �his paragraph. City shall gi�e subcontractor reasonable advance
noiice of intended audits.
�
Neither party hereto shall assign, sub�et or transfer its interest herein without
the priar written consent of the other party, and any attempted assignment, sublease or
transfer of a!I or any part hereof without such prior written consent shall be void.
� o.
Contractor shall operate hereunder as an independent contractor and not as an
ofFicer, agent, servant ar employee of City. Cor�tractor sha11 be solely responsib[e for fhe
acts and omissions of its officers, members, agent, servants, and employees. Neither
City nor Contractor shall be responsible �nder the Doctrine of Respondeat Superior for
the acts and omissions of i#s officers, members, agents, servants, employees, or
officers of the other.
11
City sha{I in no way nor under any circumstances �e responsib�e for any p�operty
belonging to Contractor, its offcers, members, agents, employees, subcontractors,
program participants, licensees or inrritees, which may be lost, stofen, destroyed or i�
any way damaged.
12.
City and Contractor co�enants that neither it nor any of its officers, members,
agents, employ�es, pragram participants, or subcontractors, while engaged in
�erforming this contract sha11 in connectian with the employment, advancement, or
��scharge of employees, or in connection with their terms, conditions or pri�ileges of
their employment, discriminate against persons on any unlawful basis, nor will
Contractor permit its agents, employees, subcontrac�ors or program participants to
engage in such discrimination.
13.
The provEsions of this agreement are se�erable and if for any reason a clause,
sentence, or paragraph or other part of this agreement shall be determined fo be invalid
by a court or federal or state agency, board or commission having jurisdiction o�er the
subject matter thereof, such in�alidity shal� not affect other provisions which can be
given effect without the invalid �rovision.
�4.
The failure of City or Co�tractor to insisf upon the perfarmance of any term or
provision of this agreement or fio exercise a�y right t�erein conferred shall nof be
construed as a waiver or relinquishment to any extent of City's or Contractor's right to
asseri or rely upon any such term or right an any future occasion.
15.
5hould any action, whe�her real or asse�ted, at law or ir� equity, arise out af the
execution, perFormance, attem�ted performance or non�per�ormance of this contract
and agreement, �enue for said actian sha{� lie in Tarrant County, Texas.
16.
The gaverning bodies of City and Contracfior ha�e appro�ed the execution of this
agreement, if required, and the persons signing the agreement ha�e been duly
authoriz�d �y the ga�erning bodies of the City and Contractor to sign this agreement on
behalf of the governing bodies.
17.
This written instrument constitutes the entire agreement by the parties hereto
concernin� the work and services perfarmed hereun�er, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms
hereof shall be �oid.
IN WITNESS WHERE�F, the parties hereto have executed �his agreement in
multiples in Fort Worth, Tarrant Gounty, Texas, this ��� day of ��hC,�..1 ,
A.D. 2003.
ATTEST:
�-
,�, � :s-"�' . . �_. _- = _ ,
Gloria Pe�rs�, �ifiy Seeretary
CITY OF FORT WORTH
_ r ��
By:� � -
� Libby �atson
Assis�ant City Manager
APPROVED AS TO �ORM AND LEGALITY:
�
By: �
Ass ant � �i ttorney, ar
David Yett, City Attorney
.. � ��-- .
".�i��rac� Au�horize�iOn
CI������ � . .
�at�
Date: � { � �f 03
1
ATTEST:
ORCHID CELLMARK FORENSlCS -
DALLAS
` / /%
< �
r
By: � ,1La�-
John Rader
Farensrc Contract Administrator
A�tachmenfi I
IfVSUF�AfVC� Requiremen�s
Cantractor shall nof commence work under this Contract until it has obtained all the insurance
require� under the Contract, and such insuranc� has been approved by khe City. Contractar shall
keep the required insurance in force throughout the term of this Contract. Cantractor shall be
responsible for delivering to the Ciiy the initial certificate of insurance for approvai and shall
forward subsequent certificates dacumenting that requir�d coverage remains in foree directly to
the Risk Manager. Cor�tractor shall indicate on the certificate of i�surance fhe service area and
contract number to which it applies. Contracior shall indicate an the cer#ificate af insurance that
its insurance covers subcontractors. The insurance co�erage required herein shall include the
coverage of all subcon#ractars.
Commercial General Liab�lity (CGL}
$1,Od0,00D each occurrence
$2,OQ4,000 aggregaie limit
Business Auto Liability - shall provide coverage on "Any Auto", defined as autas owned, hired
and nan-awned
$1,000,000 Each accident on a combined single limit basis
or
$ 250,0�0 Property Damage
$ 500,Q00 Bodily Injury per persan per occurrence
Workers' Compensation
Statutory L.imits
$100,000 Each aecidentloccurrence
$100,fl0� Disease — per each �mplayee
$50�,000 Qisease — palicy limit
Professional Liability
$1,OQ(},000 Each occurrence
SCOP� OF INSURANCE: The insurance required under the above paragraphs shall provide
adequate protection for the Cantractor and its subcontractars, respectively, against damage
claims whieh may arise from operatians under this Contract, whether such operakions be by the
ins�red ar by anyone directly or indirectly employed by the insured. All insurance requirements
made upon the Contractor shall apply to subcontractor should the Contractor's insurance not
cover the subcontractor's work operatfans.
General Requirements &lor Palicy Endorsements as foilows:
�. The City of Fart Worth, its Officers, �mployees and Volunteers shall be named as an
Additianal Insured with khe exception of Workers' Compensatian policies.
2. This insurance shall noi be canceled, limited in scope or coverage, cancelled ar non-
renewed, until after thirty (60) days prior wriften notice has been given to th� City of Fort
Worth.
3. Waiver of rights of recovery (s�brogation} in favor of ihe City of Fort Worth.
4, Tf�e insurers for all policies must be licensedlappraved to do business in the State of
Texas and 1�a�e a minimum rating of A: VII in the current A. M. Best Key Rating Guide or
ha�e reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. lf the rating is be{ow that required, written appro�al of Risk Martagement is
required.
5. lf insurance policiss are not written for specified coverage limits, an Umbrella or Excess
Liability insurance far any differences is re�uired. Excess Liability shall follow form of th�
primary coverage.
5. Unless otherwise stated, a[l required insurance shall be writken on the occurrence basis.
If coverage is underwritten on a claims-made basis, the retroactive date shall be
caincident with or �riar ta the date of the cantractual agreement and the certificate of
insurance shall state that the coverage {s claims-made and the retroactive date. The
insurance coverage shali be mair�tained for ihe duration of the contractuai agreement and
far five (5) years following campletion of the service provided Wnd�r the contractual
agreement or far the warranty period, whichever is langer. An annual c�rtificate of
insurance submitted to the City shall evidence such insurance coverage.
7. The d�ductibl� or self-insured retentian (SIR) affecting required insurance caverage shall
be acceptable ta the Risk Manager of the City of Fort Worth in regards to asset value and
stockholders' equity. In fieu of traditional insurance, alternative co�erage maintained
through insurance pools or risk retenfion groups must also be approved.
8. The City, ak its soie discr�tion, reserves the right to review the insurance requirem�nts
and to make reasonable adjustments to insuranee coverages and their limits when
deemed necessary and prudent by the City based upan changes in skatutory law, court
decision ar the cfaims history of the 9ndustry as well as of khe contract9ng party to the City
of Fort Worth. The Ciky shall be required to pro�ide prior notice Qf ninety (days}.
9, The City shall be entitled, �pon request and without expense, to receive copies of policies
and endorsements th�reto and may make any reasonable requests for deletion or
re�ision or modifications of particular policy terms, canditions, Amitaiions, or exclusions
except where policy provisions are esta�lished by law or regulatlons binding upan either
of party Qr the underwrifer on any such policies.
STATE OF TEXAS
COUNTIES OF TARRANT
�r � � - ���LI
BEFORE ME, the undersigned authority, a Notary Public in and far the State of
Texas, on this day personally appeared Libby Watson, lcntiwn to me to be the same
person whose narne is subscribed to the foregoing instrumeni, and acknowledged to me
that the same was the act of the City o� Fort Wortb and that she executed the same as
tha act of said City of Fart Worth for the purposes and considaration therein expressed
and in the capacity til�r�in statad.
GTVEN UNDER MY IiAND AND SEAL OF OFFICE this c�� day
of c./r,��/l�- , 20 �' 3 .
�......
�i�?�Y.A� AOSELLA BARNES
fz� �4�� NOTARY PiJBLIC
+�,��� �' State of Texas
';',fioF'� Cnmm. Exp. 03-31-20�5
/����.. ,U��
Notary Public in and for
the State of Texas
STATE QF TEXAS
COUNTIES OF TAR.RANT
AND DENTON
BEFORE ME, the undersigned authority, a Notary Public in and %r the State of
Texas, on this day personally appeared John Rader, known to me to be the same person
vvhose name is subscribed to the foregoing instrument, and acl�z�.owledged ta me that the
same was for the purposes and consideration therein expressed, as the act and deed of the
Orchid Cellmark Forensics - Dallas, an.d in f.he capacity therein stated as its duly
authorized officer or representative.
GNEN UNDER MY HAND AND SEAL OF OFFICE this I`� � day
of �-�� , 20�.
���^�'/� `-
Notary ublic in and for
the State of Texas
- __ . , - _. ---,- ��.
;�:ti'"��¢���''f,, ANGFl.AMARIEpLA7A ;
=*i *= MY COMMISSIOf� EXPIRE5
=•:;.y �±r May 27, 2006 =
'���41„�'� -
]E��I��I7� A
�4RT �VORTH POLICE DE�'ARTMENT
�ORENSIC SCxENCE I.ABORATORY
350 WEST BELKNAP STREET
F6RT WORTH,TEXAS 76102-2004
(817)877-8084
Fnx (817) 877-8208
INFORMAT�ON SUPPLTED BY:
Name John Radar Title FCA Agency Orchid Cellmark Farensics-Dalla�
Phnne 214/631-8152 ext 162 Fax 214/634-3322 E-mail irader(a�orchid-com
The Fort Worih Police Depart Forensic Science Laboratory provides the s�rvice of DNA
testing af sel�cted biological evidence associated with a criminal investigation ta law
enforcement agencies and the Districi Attorney's ��fice.
The Forensic SciEnce Labaratory is actively participating in the No Suspect Casework
DNA Backlog Reduction Program (FY2001) and wishes �o contract out the screening and
DNA analysis af all qualifying no suspect cases.
Below is a listing aif alI of the services that the Farensic Science Laboratory routinely
performs andlor out sources for testing. Where necessary, please indieate NA for "not
applicable". Please prot�ide yau�' fee schedule far �he foliowing servyces:
PRE-SCREENED SEXUAL ASSAULT KTTS
Semen Stain Examination
Presumptive testing
Confirmatory testing
Sexual Assault Kits
Clothing {shirt, panties, pants}
Bedding {sheets, comfariers)
Miscellaneous Items (carpet sections)
Other
Oiher
Biood Examination
Charge per unit or egam
NA
NA
NA
NA *
NA *
NA *
NA *
NA *
� $100 per hr if needed
Charge p�er �nit or exam
Presumptive testing
Confirmatary testing
Testing for Human Origin
Clothing 8i Bedding
Miscellaneous Items (carpet sections)
Large Items (i.e. - chairs, door)
Other
Other
NA
NA
NA
NA
NA
NA
DNA Testin�
AmpF1STR COfiler/Profiler Plus
AmpF1STR Identifiler
Mitochondrial DNA Testing
T�stimony and/ar Associated Costs
Other Y Chromosome STR
10-Plex Analysis
Other
Char�e per unit or �xam
$3Q0 taer Victim/Suspact
Exemvlar $490 per item
of evidence
NIA �
$ i 500 per S�ecirnen
$150 per hr (4 hr mi�t)*
Not to exceed $10401dav*
$12Q0 per SveCim�n
*plus actual expenses
Anticipated date flf initiating pracessing of suspectless casework samples: Proiect
St�.rted 12-01-02�702. Currentiv underwav at OCF-D
Anticipated turnaxound time for 25 pre-screened cases (average of 2-3 samples par case):
Thirtv Days
Anticipat�d iurnaround time for 25 unscreened kits {average af Q�-5 samples per case):
Fortv-five Days
Anticipat�d turnaround iixne for 25 unscreened kits �rad additional evidence {clothing}:
Fortv-five Days
Comments: Please use the remaining space on this form (or attach a sheet) to dacurnent
any conc�rns ar cornments you wish to record regarding for�nsic DNA �esting in your
laboratory. Piease indicaie your short and long term evidence �toz'age capabilities.
OCF-D offers to fuliy screen all UNSCREENED SEXLJAL ASSAULT KITS. including
presumptive and confirmatory tesiing inclusive o� any additional items of evidence that
may be assaciated with said kits and report genotyping results for the Victirn and up to
two (2} items af evidence from each kit that tested positive for the p�esence of semen for
an a11-inclusive price of $790 per kit.
QCF-D offers to provide fu�l screening �nd genotyping services for ALL OTHER
TYPES OF EVIDENCE COLLECTI�NS (to include Homicides, Burglaries and
Assaults etc) to include presurnptive testing far the presence o�'blood and determination
of (human) arigin for $100 per hour. DNA analysis of all positive iterns will be chargad
at the rate of $300 per VictimlSuspect Exernplar and $490 per item af Evidence.
�`ity of Fort T�orth, T'exa�s
��� ��� �a���` ����1�r�ri�t��r�
DATE
2111103
SUBJECT
R�F�R�NCE NUMBER LOG NAM�
*���� ��70
35SERVICES
PAG�
1 of 2
CONTRACTS FOR PROFESSkONAL SERVICES FOR THE FORT WORTH POLICE
DEPARTMENT CRIME LAB
RECOMMENDATION:
It is recommended that the City Council:
1. Autharize the City Manager to execute cpntracts far forensic science senrices with Orchid Cellmark
Forensics a�d the Uni�ersity of North Texas Health Professional Science Center - DNA ider�tity
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, 20Q3, and expire F�bruary 11, 2�Q4.
DISCUSSION:
The Fart Worth Police Department has used o�fside firms #o supplement the
the Police Depar�ment Crime L.ab in recent years. Annual expenditures hau
$10,000 to $190,000 annualEy, depending on staff vacancies, lab capa�9ty
efforts. This expense is expected to rise during FY2002-2�03 due to tF�e
required during the DNA Section certi�cation if Crime Control and Preve
appro�ed in coming wee�Cs.
casework pertormed by
� ranged from less than
and bac�log reduction
�utsourcing that will be
ition District funding is
In additian, with the receipt of the recent grant award from the Texas Department af Public Safety
Crime Laboratory to eliminate the backlog of no-suspect DNA easework, the department has funds of
$836,400 ta expe�d. With this significant increase in the vnfume of work ta be o�tsourced, the
depar�mer�t has eiected #a coniract with bath 4rchid Cel�mark F'orensics and the llni�ersity af North
Texas Health 5cience Genter - DNA Identity Laboratory for services. This will offer the Police
Departm�nt the flexfbi[i#y of u#ilizing the service #hat is most cast-effeciive and time-e�Ficient thraughou#
ihe year.
Because this contract is for the procurement of professional services, Section 252.022{a)(4} af the
Texas Local Government Cade exempts this purchase from competitive bidding. The Police
Department has selected these particular vendars because of tf�e need for scientific integrity and
credibie testimony and their locatior� in the Metroplex.
M/WBE - A waiver of the goal for M1WBE subcontracting requirements was requested by the
department and appro��d by the MNVBE Oifc� because the purchase ofi services is from sources
where subcontracting or supplier oppo�tunities are negligibie.
FISCAL INFORMATI4NICERTIF'ICATION:
�ity of �'ort T�o�th, T'exas
��� ��� �,�r��� l �,��rr'����i�n
DATE REFER�NCE NUMB�R LOG NAME F'AGE
2111103 **�o� ��70 35SERVICES 2 af 2
SIJBJECT CONTRACTS FOR PROFES510NAL SERVICES FOR THE FORT WORTH P4L10E
DEPARTMENT CRIME LAB
The Finance Dir�ctar certifies that funds are available in the c�rrent operating budgets, as appropriated,
of the General Fund and the Grants Fund.
LW:k
Submitted for City Manager's
OffiCe by:
Lihby Watson
Originating Department Read:
Ralph Mendoza
Additional Tnformation Contact:
6183
4-8386
FUND � ACCOUNT I CEIVTER
{to)
(from)
GG01 53912� Q353403
GR76 539120 03544181$010
AMOUNT I CITY SECRETARY
APPIZOVED 2111103
Phil Aviles �4-8483 '
C`ity o��'or�t ��orth9 T'exc�s
���r �n� �,�����1 ����c�����t��n
DAT� R�FER�NC� NUME3ER LOG NAME PAGE
2111103 **��� �4,7� 3�SERVlCES I 1 of 2
SUBJEC7 C�NTRACTS FOR PROFESSIONAL. SERVICES FOR THE FORT WORTH POLiCE
DEPARTMENT CRiME LAB
RECOMMENDATION:
lt is recammended that th� City Council:
�. Auihorize the City Manager ta exe�ute contracts for forensic science services with Orchid Cellmark
�'or�nsics and the University of North Texas Health Pr-ofessional Science Cen��r - DNA Identiiy
Laboratory for a period of �rnrelve months, with faur one-year options to re�ew at annually negotiated
raies per exam; and -
2. Authorize these agreements to begin February 12, 2QU3, and expire February � 1, 2004.
DISCUSSION:
The Fort Worth Police Deparfinent has used outsid�� firms ta supplemer�t the casework performed by
the Police Department Crime Lab in recent years. Annual expenditures have ranged from less than
$'�a,000 to $110,aaa annually, depending on sfaff vacancies, Iab capacity and �acklog reduction
efforts. This �xpense is expeeted �o rise during FY2D02-2003 due io the outsourcing that will ba
required during the DNA Section certification if Crime Contral and Prevention Dist�ict funding is
appraved in coming weeEts.
In addition, with tt�e receipt of the recent gran� award from the Texas ❑epartment of Public Sa�ety
Crime Labaratory to eliminate the backlog of r�o-suspect DNA casewark, the department has funds of
$836,a00 to expend. With t�is significant ir�crease in the volume of work to be autsourced, the
department has elected to contract with both Orchid Cellmark Forensics and the Uni�ersity of North
Texas Heaith Science Center - DNA Identity Labara#ary for seruices. This wi�l of�er t�e Palice
Departm�nt the flexibility of utilizing the service thai is mast cost-effective and tfm�-effcient thraughout
�the year.
Beca�se this contract is for the procurement of professianal services, Section 252.022(a)(4) of the
Texas Loca] Government Cade exempts this purc�ase from competiti�e bidding. The Pafice
Department has selected these particular �er�dors because of the need f�r _sci�ntific infiegrity and
credible iestimony and tY�eir location in the Metraplex.
MIWBE - A waiver of the goal for M1WBE s�bcontracting requirements was requested by the
department and approved by the M/WBE Office because the p�archase of servi.ces is from sources
wF�ere subcontracting or supplier o�portunities are negligible.,