HomeMy WebLinkAboutContract 44566-A1 „ i
CrfV SEC
Comma N00
STATE OF TEXAS
KNOWN ALL Y THESE PRESENTS:
COUNTY C F TAR NT
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NCB. 44566
THIS FIRST AMENDMENT to City Secretary Contract Number 44566 is entered
into by and between the City of Fort Worth `City"), a home-rule municipality in
the State of Texas, acting through Charles W. Daniels, its duly authorized
Assistant. City Manager, and the University of North Texas, Health Science Center
("University"), acting through LeAnn S. Forsberg and John Harmon, its duly
authorized Assistant VIPI for Research Administration and senior VP for Finance
CFO, respectively.
r.
WHEREAS, the City and University have entered into that certain agreement
identified as City Secretary Contract No. 44566 (hereinafter the "Contra
and
WHEREAS, the Contract was for an initial term of one year commencing on dune
187 2,013 and the Contract provides for the extension of the term of the
agreement for up to two additional periods of one year each; and
WHEREAS, the parties Irish to extend the term of the initial' Contract for an
additional year and sufficient funds have been appropriated; and
WHEREAS, the parties agree that all other conditions, terms, and pricing shall
remain the same as stated in City Secretary Contract No. 445616 except as
expressly set forth herein;
NOW, THEREFORE, for and in consideration of the mutual covenants contained
herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and confessed, the parties hereto agree as
follows.:
1. Extended terry of contract.
a
City Secretary Contract No. 44566 is extended to include the term beginning on
,June, 18, 2014, and ending on June 1' , 2015.
2. Compensation Not to Exceed Amount.
Compensation shall not exceed one hundred forty eight thousand, two hundred
dollars ($148,200.00) for the term of this amendment, billable according to the
fee schedule in City Secretary Contract number 44566 and subject to all other
terms and conditions as stated in City sec, � � �s�
4566.
re"trr�„ ¢mim'a' m �rcr
RECORD'
First Amendment to Contract#44566 OFFICIAL s Page 7 of 4
niversity of North Texas Health Science Center.
c r � I HAETURY'
3. The last paragraph of Article 5 of City Secretary Contract No, 44555 is
amended, and an additional paragraph added, to be and read as follows:
Contractor shall not use, sell, transfer, or authorize a third party to use any work
product, trademarks, or other intellectual property (or derivatives thereof) of the
work product developed under this contract without the express written consent
of the City.
University reserves the right to publish the results of the Study, with due regard
to the protection of City's confidential information. University will submit the
manuscript of the proposed publication to City at least thirty (30) days prior to
publication, and City shall have the right to review and comment upon the
p ■ ■ ■
publication in order to protect City's confidential information. The University shall
p
consider City's suggestions and comments to the manuscript to be published.
Upon City's written request, publication will be delayed up to sixty (50) additional
days to enable City to secure adequate intellectual property protection on City's
intellectual property that would be affected by said publication.
4. The second paragraph of Article 7, Section 3 of City Secretary Contract
No. 44555 is amended to be and read as follows:
To the extent authorized under the laws and Constitution of the State of Texas,
Contractors and subcontractors under this contract agree that they assume joint
and several liability for any claim by the City or for a third party claim against the
City for general or environmental damages caused by any of the negligence or
willful malfeasance Contractors or subcontractors herein.
5. Article 8 of City Secretary Contract No. 44555 is amended in its entirety to
be and to read as follows:
Section 1.
Insurance coverage and limits
The University certifies it has, at a minimum, current insurance coverage as
detailed below and will maintain it throughout the term of this Contract.
University, as an agency of the State of Texas, is insured for general liability
insurance under a self-insurance program covering its limits of liability. The
p arties agree that such self-insurance by University shall, without further
requirement, satisfy all insurance obligations of University under this Agreement.
Furthermore, as a component of the University of North Texas System and an
agency of the State of Texas, University will address issues of general liability in
accordance with the Texas Civil Practice and Remedies Code, Chapter 101 (the
Texas Tort Claims Act) and Chapter 104 (State Liability for Conduct of Public
First Amendment to Contract#44566 Page 2 of 4
University of North Texas Health Science Center.
Servants).
Section 2.
Additional Insurance Requirements
Subcontractors to the University shall be required by the University to maintain
the same or reasonably equivalent insurance coverage as required for the
University, except that nongovernmental entities may not be self-insured, are
subject to policy limits set by the city, and the policies must be reviewed and
approved by the City. When subcontractors maintain insurance coverage,
University shall provide City with documentation thereof on a certificate of
insurance. Notwithstanding anything to the contrary contained herein, in the
event a subcontractor's insurance coverage is canceled or terminated, such
cancellation or termination shall not constitute a breach by University of the
contract.
6. The second paragraph of Article 16 of City Secretary contract No. 44566
is amended to be and to read as follows:
All data and completed or partially completed documents prepared under this
contract shall be promptly turned over to the city upon termination of this
contract. Notwithstanding the foregoing, University shall be allowed to retain
copies of all data and completed or partially completed documents prepared
under this contract.
7. The second paragraph of Article 22 of City Secretary Contract No. 44566
is amended to be and to read as follows:
The remedies provided for herein are in addition to any other remedies available
to the parties elsewhere in this contract and by law,
S. Article 23 of city Secretary contract No. 44566 is amended to change the
parties to be notified under the contract, to be and to read as follows:
If to the City: city of Fort Worth
Attn: Elmer DePaula
Code compliance Department
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
If to the University: University of North Texas Health Science center
Office of Grant and contract Management
Attn: Assistant VP for Research Administration
3500 camp Bowie Boulevard
Fort Worth, Texas 76107
First Amendment to Contract#44566 Page 3 of 4
University of North Texas Health Science Center.
9 1
All other definitions, terms, and conditions of City Secretary Contract No.
44566 shall remain unchanged except as expressly set forth herein.
IN WITNESS THEREOF, the parties have executed this contract in triplicate in
Fort Worth, Texas, on the dates written below.
CITY OF' FORT WORTH UNIVERSITY OF NORTH TEXAS
HEALTH SCIENCE CENTER
0000
BY:
ChaArles Daniels eAnn S. Forsberg
Assistant City Manager Assistant VP for Research
Admini io
Date: oO 14ro Da t of
RECOMM'ENDED:
Jo,, n Ha mion, MBA, CPA, CGMA
C M
F v vw�
Brandon Bennett Senior VP foFFi nce & CFO
Director Datewl
Code Compliance Department HS,C Contra #
Ct
APPROVED AS TO FORM
AND LEGALITY.-
Arthur N. Bastir
Assistant City Attorney
OR)P*
ATTEST:
o
ICI 0
................... 0
1000
r 0000000 0 Ole*
a ry J. K�Y4
City Secretary
M&C No. 26299
1
Or"FICIIIIL I 1"!'s"CORD
Clo�y RCREI`2R SE 11r
First Amendment to Contract#44566 Via pf I I
University of North Texas Health Science Center �,
M&C Review Page 1 of 2
Official site of the City{of Fort Worth,Texas
FoRT WO RT H
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 8/4/2013 - ordinance No. 20788-08-20
23UNTHSCIWNV
DATE: 51412013 REFERENCE C-20299 LOG NAME: MOSQUITO
NO.: SURVEILLANCE
NOW PUBLIC NO
CODE: C TYPE: CONSENT HEARING;
SUBJECT: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the General
Fund in the Amount of$148,200.00 and Decreasing the Unassigned General Fund
Balance by the Same Amount and Authorize Execution of a Professional Services
Agreement with the University of North Texas Health Science Center for West Nile Virus
Mosquito Surveillance and Supplemental Laboratory Testing Services in the Amount Not
to Exceed $148,200.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council;
1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the General Fund
in the amount of$148,200.00 and decreasing the unassigned General Fund Balance by the same amount,
and
2. Authorize the execution of a Professional Services Agreement with the University of North Texas Health
Science Center to enhance the City's mosquito surveillance effort to reduce the risk of human exposure to
the Vilest Nile Virus in the amount not to exceed $148,200.00.
DISCUSSION:
Since 2009, the City has not had a mosquito surveillance program which systematically collected mosquito
samples in Fort Worth for further testing by Tarrant County Public Health (TCPH). Because of budgetary
reasons and the historic low risk to human exposure to the virus, the mosquito surveillance program was
eliminated.
In 2012, Tarrant County Public Health reported a total of 81 human cases and 4 deaths due to West Nile
Virus (WNV) in Fort Worth. The 2012 epidemic caught many jurisdictions in the North Texas region by
surprise, which like Fort Worth, had reduced or eliminated their mosquito surveillance programs. This
limitation weakened the City's ability to respond to the needs of our community.
Since the outbreak, some experts have generally agreed that WNV surveillance system in the region,
particularly articular! in Tarrant County, has not produced data for scientific analyses that allows the cities and
counties to p lan and respond to WNV before an epidemic occurs. With that in view, Staff has researched
and discussed options with the public health community and vector disease experts in our region to develop
a WNV response plan which includes a comprehensive science based mosquito surveillance program.
The 2013 WNV response plan includes a partnership between the City and University of North Texas
Health Science Center (University) at a cost not to exceed $148,200.00. It addresses the recognized weak
points of the lack of a mosquito surveillance program and enhances evidence-based WNV responses. A
summary of the scope of work that the University will provide is highlighted below:
Mosquito Surveillance - (Trapping and Processing of Mosquitoes) the University partner will be
responsible for conducting mosquito surveillance activities and reporting outcome of the activities to the
City on a weekly basis for proper response.
Mosquito Sample Data - (Analysis and Reporting) the University partner will be responsible for the
analysis and reporting of the mosquito sample results to the City for proper response.
htt .Ha s.cfwnet.or /council acket/mc—review.asp?ID=18486&councildate-61412013 5/12/2014
p �p g .�
M&C Review Page 2 of 2
Supplemental West Nile Virus Laboratory Testing - The City will continue the partnership with the TCPH
Laboratory (Lab). However, when lab samples reach a maximum submittal threshold, set by Tarrant
County Lab, the University partner will be responsible for providing supplemental WNV testing.
The 2014 WNV response plan has been incorporated into development of the Fiscal Year 2014 budget
through an improvement package.
RENEWAL OPTIONS: This contract may be renewed for up to two successive one-year terms at the City's
option. Renewal may be effected by notice in writing by the City Manager, or his designee, to the
contractor within 30 days of the expiration of the prior term. This action does not require specific City
Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's
obligations during the renewal term.
MIWBE OFFICE: A waiver of the goal for MBEISBE subcontracting requirements was requested by the
Department and approved by the MIWBE Office, in accordance with M/WBE or BDE Ordinance, because
the purchase of goods and services is from source(s)where subcontracting or supplier opportunities are
negligible.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinances, funds will be available in the current
operating budget of the General Fund. Upon approval, the unassigned fund balance of the General Fund
P g g
will exceed the minimum reserve as outlined in the Financial Management Policy Statements.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 539120 0239004 148 200.00 2 GG01 0539120 0239004 $148,200.00
Submitted for Cit Dana er`s office b Charles Daniels (6 99)
Originating Department Head: Brandon Bennett(6322)
Additional Information Contact; Scott Hanlan (7204)
ATTACHMENTS
23UNTHSC WNV MOSQUITO SURVEILLANCE SOA13.doc
httn--Il,gnn�_cfwnet.orglcouncii packetlmc rev iew.asp?ID-18486&counciidate-61412013 5/12/2014