HomeMy WebLinkAboutContract 28557 (2)�IT`Y ��CRf��i4R�f
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STATE OF TEXAS §
COUNTIES OF TARRANT, §
DENTON and WISE
This agreement is made and entered into beiween the Cifiy o� �o�r 1l�or�h,
hereinafter referred to as "City," acting by and through Libby IlVatson, its duly
au�horized Assistant City Manager, and tl�e Universifiy oi iVorfh iexas kealfh Science
Cenfer a� �'or4 Wor�M, a Texas public university, hereinafter referred to as "Contractor,"
acting by and �hrough its duly a�thorized represenfafive.
��CI�A��
WHEREAS, ti�e City of Fort Worth has received funds from the Texas
Department of Public Safety Crime Laboratory to eliminafie the backlog of no-suspect
DNA casework; and
WHEREAS, the City of Fort Worth has received funds from #he Fort Worth Crime
Control and Prevention District to fund DNA autsaurcing durtng cerki�cation of the Fart
Worth Crime Laboratory DNA Section; and
WHEREAS, the City of Fort UVorth periodically requires outside firms to provid�
DNA analysis during staff vacancies and periods of high workload; and
WHEREAS, UNT Health Science Center proposes to provide necessary DNA
analysis servic�s;
NOW, THEREFORE, in consideration of the mutual co�enants herein expressed,
the par�ies agres as follows:
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Contractor agrees to fully perform, or cause to �e performed, with good faiih and
due diligence, all work and services described in Exhibit "A," at�ached and ir�corporated
herein for all purposes incideni to this contract, at the rates described therein
2.
It is understood and agreed that no guarantees of �olume or work are made by
fhis agreement nor is Contractor designated as the exclusi�e contractor of fhese
services for the City of Fort Worth.
3. ��
The term of this agreement is for a period beginning on February �' ,��,, .ax�
ending on Fe�ruary 11, 2004. � � ��
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This agreement may be termina�ed by either party her�to, in whole or in part, at
any time and #or any reason, upon written notice to the other party. Such written notice
shall specify to what extent the work under the agreement is being terminated and the
effective date of the �erminatian. V1lithin thir�y (30) days after fhe effecti�� date of the
termination, Contractor shall forward to City an invoice for all services provided prior to
the effecti�e date ofi terminafion and City shall remit payment in full within fihirty (30)
days after the date of such invoice.
En th� event no funds ar insuffEcient funds are appropriated and budg��ed by the
City in ar�y fiscal period for any payme�ts due hereunder, the City will notify Contractor
of such occurrence as soon as possible and t�is Contract shall terminate on the last day
of the fiscal period for whiCh appropriations were received, without penalty or expense
to City af any kind whatsoever, except as to the portions of the payments herein agreed
upon for which funds shall have been appropriated and budgeted.
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Cantractor and Ciiy agree that in the event either party fails to comply with, or
breaches, any of fhe terms and provisions of #his agreement, the nor�-breaching party
st�all provide written notice to the other as soon as reasonably possible after the non-
breaching party becvmes aware of the failure to comply or breach of contract. In the
e�enf that the breaching party fails to cure or carrect such breaches w�thin a reasonable
time following the receipt of notice, but in any event no more than 15 days, the nan-
breaching party shall ha�e the right to declare this agreement immediately terminated.
C�
To the extent �ermitted by the Constitution and laws of the state of Texas ,
Contractor shall indemnify and hold the City and its afficers, agents ar�d employees
harmless from any Ioss, damage, kiab[lity ar expense for damage to property and
injuries, including death, to any person, including but not limited to officers, agen#s or
employees of Contractar or its subcontractors, which may arise out of any negligent act,
error or omission in the performance of Contractor's professional services. To the
extent permitted by the Constitution and laws of the state af Texas, Contractor shall
defend, at its own expense, any suits or other proceedings brought against the City, its
officers, agents and employees, or any of them, resulting from such negligen# act, error
or omission; and shall pay a11 expenses and satisfy all jut�gments which may be ir�curred
k�y or rendered against fihem, or any of them, in connection therewith resulting from such
negligent act, error or omission.
Coniractor will provide cerkificafian confirming self-insured status of Universiiy of
Rlorth �exas bealfih �cience Cen�er a� Fo�t 1�orih. To the extent permitted by law,
City agr�es #o indemnify and hold harmless Contractor from any claim, d �e _liability,
injury, expense or loss arising aut of City's performance, direct or indirect, u�1��3�hi�
agreemenfi.
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7.
Contractor warran#s ta the City of Fort Worth that it has made full disclosure in
writing of any existing or potential conflicts of inte�est re�ated to the services to be
perFormed hereunder. Contractor fUrther warrants that it will make prompt disclosure in
writing of any conflicts of in�eresf that develop subsequent to the signing of this
Contract.
E�
Contractor agrees that #he City shall, until the expiratian of three (3) years after final
payment under this Cantract, ha�e access to and the righf to examine any directly
pertinent books, documents, papers and records of the Con�ract rr�volving transactions
relating to this Contract. Contractor agrees #hat the City shall �a�e access during
normal working hours to all necessary Contractor facilifies and shall be provided
adequate and appro�riate workspace in arder to conduet audits in compliance with the
provisions of this section. The City shall give Contractar reasonable a�vance notice of
intended audits.
Contractor further agrees fo include in all af its subcon#ractor agreements hereunder
a pra�ision to the effect that the subcontractor agrees that the City sha�l, until the
expiration of three (3} years after fina) payment und�r fhe subcontract, ha�e access to
and fihe righi to examir�e any directly pertinent books, documents, papers and records of
such subeontractor in�olving transac�ions fo the subcontract, and further that City shall
have access during normal working hours to all subcontractar facilities and sF�all be
provided adequate and appropriate workspace in order to cond�act audits in comp[iance
with th� provisions of this paragraph. City shall give subconfractor reasonable ad�ance
notice of intended audits,
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Neither party hereto shall assign, sub[et or transfer its int�rest herein without
the prior written consent of the other party, and any attempted ass�gnment, sublease or
transfer of all or any part hereof without s�ch prior wri�ten conseni shall be void.
�0.
Confiractor shall ap�rate hereunder as an independent contractar and not as an
offic�r, agent, servant or employee of City. Cantractor sha11 be solely responsible far the
acts and omissions of its officers, members, agertt, servants, and employees. Neither
City nor Contractor sha�! be responsible under the Doctrine of Respondeat Superior for
the acts and omissions of its officers, memi�ers, agents, servants, emplvyees, or
officers of the other. ]t is understood that any relationship created by this agreement
between the parties shail be that of indep�ndent contractors. Under no circumstances
shall either party be deemed an employee of the other nor shall either party act as an
agent of the other party. Any and all joint venture, jaint enterprise, or part�ier��n���'c� -_
is hereby expressly denied and the parties expressly state that they ha�e ;n��r�1��� '!p'
expressly or impliediy a joint venture, joint enterprise, ar partnership. � �yo � _���
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11.
City and Contracior agree thaf neither it nar any of its officers, members, agents,
employees, program participants, or subcontractors, while engaged in perForming this
contract shall in connection with the employment, advancement, or discharge of
employees, or in connection with their terms, conditions or pri�ileges of their
employment, discriminafie a�ai�st persons on any unlawful basis, nor will Contractor
permit its agents, emplayees, subcontractors or program participants to en�age in such
discrimina�ion.
12.
The provisions of this agre�ment are severable and if for any reasan a clause,
sentence, or paragraph or otl�er part af this agreement shafl be determined tv be invalid
by a cour� or federal or state agency, board or commissEon having jurisdiction over th�
subject matter thereof, such invalidity shafl naf affect oth�r provisions which can be
given efFect without the invalid provision.
13.
The failur� of City or Contractor to insisf upon tl�e perFormance of any term or
pro�isian of this agreement or to exercise any righi herein conferred shall no� be
construed as a waiver or relinquishment to any ext�nt of Ci�y's or Contractor's right �o
assert or rely upon any such term or righfi on any future occasion.
14.
Shauld any action, whether real or ass�rt�d, at law or in eq�ity, arise out of the
execution, p��Formance, attempted pert'ormance or non�performance af this cantract
and agreement, venue for said action shall lie in Tarrant County, Texas.
15.
The governing bodies of City and Contractor ha�e approved the execution of this
agre�ment, if required, and the persons signing the agreement have been duly
authorized by the gov�rning bodies of the City and Contractor to sign this ag�eement on
behalf af the gaverning bodies.
16.
This written instrument constitutes the entire agreement by the parties here#o
concernir�g the work and service5 pertormed hereunder, and any prior or�
con�emporaneous, oral or written agreement which purparts to vary from�tl� ter�
hereof shalf be �oid.
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IN WITNESS WHEREO�, the parkies hereto ve executed this a r�emen# in multipfes
in Fort Wor�h, Tarrant County, Texas, tf�is day of �� , A.D.
2003.
ATTEST:
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�Ioria.Pea nn rity Secretary
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^����aG�c �►uthariz�tion
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'��i�PROVED AS TO FORM AND LEGALITY:
CITY OF �FORT WORTH
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By: ,
�.ibby-�Natson
Assistant City Manager
By: � cs
As stant � y Attorney, for
David Yet�, City Attorney
Date: �, ��a3
ATTEST:
5
UNIVERSITY OF NORTH TEXAS
HEALTH SCiENCE CENTER AT FORT
WORTH
B�C: � � �. � �� S�/�+�c�.�
5�eve R. Russel! .
' A�VP for Finar�,�� &
Iminy��ipn ;4
, � � _ .f �
B � , � �� ' �
�� �ar�.��in, D.O.
1� Dean, Texas College of
' Osteopathic Medicine
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p I{� A1Y�YC4I10� YLtr�1� II
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FORT �VORTH POLICE I�EFARTMENT
FORENSIC �CIENCE LrABORATORY
350 WEST BBI.KNAe STxEET
FORi WORTH, TEXAS 7fi102-20D4
(817) 877-8D84
FAx (817) 877-8208
YNFORMATION SUPPLIED BY:
Name Joseph Warren Titie Asst Director Agency United Healih Science Center DNA ID-Lab
Phone 517/735-5107 Fax 8171735-5016 E-mail
The Fort Worth Police Depart Forensic Science Laboratory provides the service of DNA
testing of selected biolagical e�idence associated with a criminal investigation ta law
enforcerr�ent agencies and the Distric� �.ttorney's affice.
The Forensic Science Laboratory is actively participati.ng in the No Suspect Casework
DNA Backiog Reduction Program (FY2001) and wishes io contract out the screening and
DNA analysis of al1 c}ualifying no suspect cases.
Below is a listing off alI of the services that ihe Forensic Scienc� Laboratary routinely
perfort�s andlar aut so�rces for testing. Where necessary, please indicate NA for "not
applicable". Please provide your fee schedule for the following services:
Semen Stain Exarnination
Presumptive testing
Conf rmatozy testing
Sexual Assault Kits
Clofhing {shirt, panties, pants)
Bedding (sheets, comforters)
Miscellaneous Items (carpet sections}
Qther
Other
Charge per unit or exam
$3 S.00IItem
5ee abave fane pricei
$140.00/Kit
$35.OQ/Item
$3 S .40/Item
B�aad Examination
Presuxnptive testing
Confirtnatory testing
Testing for Human Origin
Clothing & Bedding
Miscellaneous Items (catpct sectiar�s)
Large Items (i.e. - chairs, door}
Other
Other
Charge per unit ar exam
$35.O�litem
Se� above (one price}
See abov� (one price]
$35.00ntem
$3 5 .001rtem
$35.00/Item
DNA Testing
AmpF1STR COfiier/Profiler Plus
AmpF1STR Identx�"iler
Mitochondrial DNA Testing
Testimony and/or Associated Costs
Other
Other
Charge per unit or exam
See attached sheet
N/A
Se.� attached sheet
N/A
.Anticipatec� dat� of initiating processing of suspectless casework samples:Feb-2003_
Anticipated turnaround time for 25 pre-screened ca�es (average of 2-3 samples per case):
4 vveeks
Anticipated turnaxot�nd time for 25 unscreened kits (average of 4-S sampies per case}:
4 weeks
Ar�ticipated tumaround time for 25 u�ascreened kits and additional evidence (clothing}:
5 weeks
Comments: Please use the remaining space on this form {or attaeh a sheef) ta document
any concerns or comments you wish to record re�arc�ing forensic DNA testing in your
laboratory. Pl�ase indicate your short and long term evidence starage capabilities.
The turnaround time is deci�ed with cu:rrent lab persann�l. It is anticipated that new hires
Will be made that could rec�uce the turnaraund tim� down to 2-4 weeks.
Proposed Price List %r FWPD DNA Backlog Cases
Standard Sexual Assault Kit (Vaginal, Anal, OralSwabs and Smears): Screening
(presumptive and con%rmatory testing}: $100.00 per lcit
Sexual Assault Bulk Evidence {panties, clothing, blankets, towels etc.): Screening
(presumptive and con.firmatory testing}: $35,00 per item
Non-Sexual Assault Bulk Evidence Scre�ning (presumptive and confrmatary testing):
$35.00 per item
Profiler P1us/Cofiler DNA testing-reference samples: $30fl.0� p�r it�m
Profiler P1us/Cotiler DNA testing-evidentiary samples: $500�.00 per item
Profler PIus/Cafiler DNA testing-Unknown Suspect Sexual Assault Kit (up to 3 items of
�vidence): $750.00
Prnfiler P1us/Cofiler DNA testing-prescreenedlpre-cut samples: $460.40 p�r item
Profiler P1us/Cofiler DNA testing-Unknown Suspect Sexual Assautt Kit prescreened/pre-
cut samples (up to 3 items}; $650.00
Mitochondrial DNA testing-reference samples: $1000.00 per sample
Mitochondrial DNA testing-evidentiary sampies: $1200.00 per sample
C`ity of �'o�t T�o�th9 Texas
���� a�d ����c�Q �����r�;�����n
DATE REF�F2ENCE NUMB�R LOG 1VAME PAGE
2119/03 **�_1 �4 jQ ` 35SERVICES 1 of 2
sue.��cY CONTRACTS FOR PROFES510NAL SERV'ICES F�R THE FORT WORTH POLICE
DEPARTMENT CRIME LA6
RECOMMENDATION:
1t is recommended that the Ciiy Council:
9. Autharize the City Manager to exec�te contracts for forensic science services with Orchid Celfmark
�orensics and the University af Narth Texas Health Professional Science Center - DNA Identity
Laboratory for a period of twelve months, with four one-year options to renew at annually negotiatad
rates per exam; and
2. Authorize these agreements fo begin February 'I2, 2003, and expire FebrUary 11, 2004.
DiSCIJSSION:
The Fort Warth Police Department has used outside firms io supplemen� the casewar�C performed �y
the Police Departmenf Crime Lab in recent years. Annual expenditures haue ranged from less fhan
$10,000 to $110,aaa annually, depending on staff �acancies, lab capac�ty and backlog reduction
effarts. This expense is expected to rise during FY20�2-20a3 due ta the outsourcing that will be
requirad during the DNA Section certification if Crime Control and PreventiQn District funding is
appraved in coming weeks,
In addition, with the receipt of the recen# grant award from the Texas Department of Public Safety
Crime La�oratory to eliminate the backlag of no-suspect DNA casework, the department has funds of
$836,OOa to expend. With this significant increase in the �olume of wor�c to be outsourced, the
department has elected to contract with both Orchid Cellmark �arensics and the Uni�ersity of North
T�xas Health Science Center - DNA Identity Laboratory for services. This will offer t�e Palice
Department the flexibility of utilizing the service that is mos# cost�effective and time-efficient throughout
the year.
Because this contract is for �he pracurement of professianal senrices, Section 252.022(a)(4) of the
Texas Local Government Cod� exempts this purchase from competiti�e bidding. The Pvfice
Department has selected #hese par�icular �endars because af the need for scientific integrity ar�d
credible festimony and their location in the Metroplex.
M/WBE - A wai�er of the goal for MIWBE subcor�tracting requirements was requested by the
departmen# and appraved by the MNVBE Office because the purchase ofi services is fram sources
where subcontracting ar supplier opportunities are negligible.
C'ity o. f ' �'o�i �or�h9 Texas
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DAT� REFERENCE NUM��R I�OG NAME PAGE
2111103 **��1 g�7� 35SERVICES 2 of 2
SUBJECT CONTRACTS FOR PROFESSIONAL SERVICES FOR THE �'ORT WORTH POLiCE
DEPARTMENT CR1ME LAB
�ISCAL INFORMATIONICERTIFICATION:
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
Office by:
Libby Watsnn
Origin�fing Department Head:
Ralph Mendoza
Additional Infarmation Contact:
I FUND I ACCOiTN'I` , CENTER I AMOUNT
I (ta)
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6183
4-83 86 (from}
GG01 539120 0353403
GR76 539120 Q35449818010
CITY SECRETARY
APPROVED 2/i 1/03
Phil Aviies 4-8083