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HomeMy WebLinkAboutContract 43843-A1 CITY SECRETARY CONTRACT NO. 143V-13A AOP 9EA)MO 1L AMENDMENT 440. CITY SECRETARY CONTRACT NO. 43843 PROFESSIONAL SERVICES AGREEMENT This Amendment is entered into by and between the City of Fort Worth (hereafter "City"), a home rule municipal corporation situated in portions of Tarrant, Denton and Wise Counties, Texas, with its principal place of business at 1000 Throckmorton Street, Fort Worth, Texas, and Cellmark Forensics Inc. (hereafter"Consultant"), a Texas corporation acting by and through its duly authorized President. WHEREAS, the parties have previously entered into City of Fort Worth City Secretary Contract No. 43843 (the "Contract"), which was executed on November 7, 2012; and WHEREAS, the Contract involves professional services to provide DNA analysis and other similar forensic services for the City. The services are to be performed in a competent and professional manner, and performance shall conform to applicable professional standards for the services; and WHEREAS,the original term of the Contract expires on September 30, 2014; and WHEREAS, the City and Cellmark Forensics, Inc., now wish to extend the term of the Contract for continued services pursuant to the original Contract. NOW, THEREFORE, City and Consultant, acting herein by the through their duly authorized representatives, enter into the following agreement to amend the contract: 1. Section 3, Term. The term of the Contract is hereby amended to extend the term to expire September 30, 2015, unless terminated earlier in accordance with the Contract. Extension of the term shall not require an increase of Consultant's Fee under the Contract. 2. All other provisions of the Contract which are not expressly amended herein shall remain in full force and effect. OFFICIAL RECORD CByy SECRETARY RECEIVED SEP 2 ,201 FT- WORTHY TX Executed on this the 2nd day of September , 2014 CITY OF FORT WORTH: CELLMARK FORENSICS INC. By: By: v(es Da e e l s Dr. George Maha Assistant City Manager Technical Director of DNA Identification Unit Date: 09. Z`�' /� Date: September 2, 2014 ®1?j. •.� ATTEST: °°°o i 1--a o; By: S IV City Secr ry $ °Z oAo o ao 00 0000 APPROVED AS TO FORM AND LEGAL B elly Madri Assistant City Attorney Contract Authorization: M&C: C-25909 Date: 10/09/12 OFFICIAL RECORD— Amendment CFW/Gavin C�rY No.2 to CSC No.43843 SECRFrARY Page 2 of 2 ��. w®RrH� px City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/9/2012 DATE: Tuesday, October 09,2012 REFERENCE NO.: **C-25909 LOG NAME: 35DNA ANALYSIS SUBJECT: Authorize Execution of an Agreement with Orchid Cellmark,Inc., in the Amount Up to$338,000.00 for Professional Forensic Laboratory Services for the Fort Worth Police Department's Crime Lab (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of an Agreement with Orchid Cellmark, Inc.,in the amount up to $338,000.00 for professional forensic laboratory services for the Fort Worth Police Department's Crime Lab for a period of twelve months, with five one—year options to renew annually. DISCUSSION: The Fort Worth Police Department has used outside firms to supplement the casework performed by the Crime Lab for approximately the last 10 years in order to efficiently manage its caseload. Expenses for this Agreement are estimated in the amount of$338,000.00 for Fiscal Year 2013. Orchid Cellmark,Inc., will provide the department with specific forensic analysis,including DNA analysis for cold cases and other instances where the City of Fort Worth(City) and other agencies are unable to provide analysis. The Fort Worth Police Department recommends this vendor because of the need for scientific integrity, credible testimony and close proximity to the City.The City has contracted with this agency since 2003. M/WBE—A waiver for the goal for MBE/SBE subcontracting requirements was requested by the Police Department and approved by the M/WBE Office because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 3)GGOI 531200 0356600 $152.000.00 3) GGO1 539120 0356605 $186.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6199) Originating DgUartment Head: Jeffrey W.Halstead (423 1) Additional Information Contact: Aya Ealy (4239) ATTACHMENTS 1. Forensic Analysis Waiver.12df ® Cellmark FORENSICS ..................... ....... LabCorp Specialty Testing Group June 10,2013 Dear Valued Customer: As announced in April 2012,we are providing your forensics laboratory testing under the brand Cellmark Forensics. Cellmark Forensics is a member of the LabCorp Specialty Testing Group,exclusively focused on our market-leading forensics expertise. This name and logo will continue to be more visible as we transition marketing materials,supplies,invoices,etc to the new brand and logo. FORENSICS ....................I....... LabCorp Specialty Testing Group This change in brand name and logo does not affect the legal entity providing services. The legal entity has not changed,and the federal tax identification number,as noted on your invoice,remains the same. However; in order to align the corporate name with our new brand identification we have also changed our corporate entity name to"Cellmark Forensics Inc"but with no change to the tax identification number. Enclosed is a copy of the updated W9 with our new corporate name;otherwise,the change in name and logo does not affect how you do business with us. How does this change affect your billing services? • The remittance name is updated,but the address remains the same: Cellmark Forensics Inc PO Box 8015 Burlington NC 27215 • You will begin to see a single logo on your invoice that reads"Cellmark Forensics." • Cellmark Forensics Inc,a wholly-owned subsidiary of LabCorp,is now the name of the licensed service provider for the Cellmark Forensics business. If you have any questions about your invoice or the content of this letter,please contact Art Miller at 214-271-8416,or by e-mail at artula.miller @labcorp.com. We appreciate your business and thank you for your ongoing support of Cellmark Forensics and LabCorp. 1105a 0513 REREIVEo SEP 2 5 2014 Form -9 Fotmw-9 Request for 'Taxpayer Give Form to the (Rov.Decombar2011) Identification Number and Certification requester.Do not t�panmantoftheTreasuy send to the IRS. Internet Revenue Service Name(as shown on your Income tax return) Cellmark Forensics Inc N Business name/disregarded enfl y name,it different from above rn Check appropriate box for federal tax classification: y ❑Individual/sole proprietor C Corporation ❑s Corporation ❑ Partnership ❑Trust/estate c o ❑Exempt payee ❑ Umlted liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership) C � ❑ Other(seelnsWCtlonsj► Address(number,street,and apt,or suite no.) Requester's name and address(optional) o Po Box 8015 W City,state,and ZIP code Burlington NC 27215 List account number(s)here(optional) Taxpayer Identification Number TIN Enter your TIN in the appropriate box,The TIN provided must match the name given on the"Name"line social security number to avoid backup withholding.For individuals,this Is your social security number(SSN).However,for a -m resident alien,sole proprietor,or disregarded entity,see the Part I Instructions on page 3.For other MI entities,it is your employer Identification number(EIN).If you do not have a number,see How to get a 77N on page 3. Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number number to enter. M2 2 - 3 3 9 2 8 1 9 Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be Issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that i am subject to backup withholding as a result of a failure to report all Interest or dividends,or(e)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification instructions,You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than Interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the Instructions on page 4. Sign signalvre of Here U,$.person► Data► General Instructions Note,If a requester gives you a form other than Form W9 to request your TIN,you must use the requester's form If it is substantially similar Section references are to the internal Revenue Code unless otherwise to this Form W-9. noted. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who Is required to file an Information return with the IRS must °An individual who Is a U.S,citizen or U.S.resident alien, obtain your correct taxpayer Identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,Income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation o An estate(other than a foreign estate),or of debt,or contributions you made to an IRA. C A domestic trust(as defined in Regulations section 3011701-7). Use Form W-9 only If you are a U.S,person(Including a resident Special rules for partnerships,Partnerships that conduct a trade or alien),to provide your correct TIN to the person requesting it(the business in the United States are generally required to pay a withholding requester)and,when applicable,to: tax on any foreign partners'share of Income from such business. 1,Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,it you are a U.S.person that Is a 3.Claim exemption from backup withholding if you are a U.S.exempt partner in a partnership conducting a trade or business In the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S.trade or business status and avoid withholding on your share of partnership Income. is not subject to the withholding tax on foreign partners'share of effectively connected Income. Cat,No.10231X Form W-9(Rev.12-2011) Defaware PAGE 1 The First State 1, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "ORCHID CELLMARK INC. ", CHANGING ITS NAME FROM "ORCHID CELLMARK INC. " TO "CELLMARK FORENSICS, INC. ", FILED IN THIS OFFICE ON THE SEVENTH DAY OF JUNE, A.D. 2013, AT 4:32 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 11 ppsr Jeffrey W.Bullock,Secretary of State 2487390 8100 T AUTHEN C TION: 0495835 A 1 30 7524 75 dFi�w��w DATE: 05-07-13 You may verify this certificate online at corp.delaware.gov/authver.shtml State of Delaware Secretary of State Division of Corporations Delivered 04:43 PM 0610712013 FURD 04:32 PM 0610712013 SRV 130752475 - 2487390 FILE CERTIFICATE OF AMENDMENT OF SECOND RESTATED CERTIFICATE OF INCORPORATION OF ORCHID CELLMARK INC. ORCHID CELLMARK INC., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the"Corporation"),DOES HEREBY CERTIFY: FIRST: That on June 7, 2013, the Board of Directors of the Corporation, by written consent in accordance with Section 141(17 of the General Corporation Law of the State of Delaware, set forth a proposed amendment of the Second Restated Certificate of Incorporation of the Corporation, declared said amendment to be advisable, and submitted the proposed amendment to the sole stockholder of the Corporation for its consideration and approval, The proposed amendment is as follows: The Second Restated Certificate of Incorporation of the Corporation is hereby amended by striking out Article 1 thereof and by substituting in lieu of said Article the following new Article 1: "Article 1. NAME The name of the corporation (the "Corporation") is CELLMARK FORENSICS,INC." SECOND: That thereafter on June 7, 2013, the sole stockholder of the Corporation adopted the proposed amendment by written consent in accordance with Section 228 of the General Corporation Law of the State of Delaware. THIRD: The amendment of the Second Restated Certificate of Incorporation of the Corporation herein certified was duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware. IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be signed by its duly authorized officer this 7th day of June,2013. By: I-Iame: William B.Hayes Title:Vice.President ak IA.W DEPT. 08/13/2013 12 : 24 : 15 PM --0500 IRS PAGE 2 OF 2 f'a Department of the Treasury In reply refer to: 0435127647 Internal Revenue Service Aug 13, 2013 LTR 1470 Ogden, UT 84201 22-3392819 CELLMARK FORSENICS INC 508 S LEXINGTON AVE BURLINGTON NC 27215.5827 083 Taxpayer Identification Number: 22-3392819 Form(s): Dear Taxpayer: This letter is in response to your telephone inquiry of August 13th, 2013. Your Employer Identification Number (EIN)is 22-3392819. Please keep this number in your permanent records. You should enter your name and your EIN, exactly as shown above, on all business federal tax forms that require its use, and on any related correspondence documents. If you have any questions regarding this letter, please call our Customer Service Department at 1-800-829-0115 between the hours of 7:00 AM and 10:00 PM. If you prefer, you may write to us at the address shown at the top of the first page of this letter. When you write, please include a telephone number where you may be reached and the best time to call. Sincerely, /s/David Clark 0142957 Customer Service Representative