HomeMy WebLinkAboutContract 50326 M'
R �Z� PROFESSIONAL SERVICES AGREEMENT
DNA Labs International
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation,
acting by and through Valerie Washington, its duly authorized Assistant City Manager, and DNA Labs
International, ("Contractor" or"Vendor"), a Florida corporation, acting by and through Allison Nunes, its
duly authorized Chief Operating Officer, each individually referred to as a "party" and collectively
referred to as the"parties."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Cost Schedule;
4. Exhibit C—Qualifications & Reference Sheet; and
5. Exhibit D - Signature Verification Form
Exhibits A, B C, and D which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,
B, C or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions
of this Agreement shall control.
1. SCOPE OF SERVICES.
Contractor shall provide Deoxyribonucleic Acid (DNA) testing for the purpose of testing
biological material in cold cases and active cases. Exhibit "A," - Scope of Services more specifically
describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on February 1, 2018 ("Effective Date") and shall expire on January
31, 2019 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial
Term"). Upon the expiration of the Initial Term, the Agreement shall renew automatically under the same
terms and conditions for up to four (4) one-year periods, unless City or Vendor provides the other party
with notice of non-renewal at least 30 days before the expiration of the Initial Term or renewal period.
3. COMPENSATION.
City shall pay Contractor in accordance with the fee schedule of services and tests under this
Agreement in accordance with the provisions of this Agreement and Exhibit"B," —Cost Schedule. Total
payments made under this Agreement for the first year by City shall not exceed the amount of Forty
Thousand and 00/100 Dollars ($40,000.00). Contractor shall not perform any additional services or bill
for expenses incurred for City not specified by this Agreement unless City requests and approves in
writing the additional costs for such services. City shall not be liable for any additional expenses of
Contractor not specified by this Agreement unless City first approves such expenses in writing.
04FICIAL RECORD
CITE'SECRETARY
FT.WORTH,TX
4. TERMINATION.
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated
by City in any fiscal period for any payments due hereunder, City will notify Contractor of such
occurrence and this Agreement 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 have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior
to the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of
termination and Contractor shall continue to provide City with services requested by City and in
accordance with this Agreement up to the effective date of termination. Upon termination of this
Agreement for any reason, Contractor shall provide City with copies of all completed or partially
completed documents prepared under this Agreement. In the event Contractor has received access to City
Information or data as a requirement to perform services hereunder, Contractor shall return all City
provided data to City in a machine readable format or other format deemed acceptable to City.
5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City ("City Information") as confidential and
shall not disclose any such information to a third party without the prior written approval of City.
5.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Contractor
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
6. RIGHT TO AUDIT.
Contractor agrees that City shall, until the expiration of three (3) years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Contractor involving transactions relating to this
Contract at no additional cost to City. Contractor agrees that City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Contractor reasonable advance notice of intended audits.
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7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Contractor shall operate as an independent contractor as
to all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Contractor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees,
servants, Contractors and subcontractors. Contractor further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Contractor. It is further understood
that City shall in no way be considered a Co-employer or a Joint employer of Contractor or any officers,
agents, servants, employees or subcontractor of Contractor. Neither Contractor, nor any officers, agents,
servants, employees or subcontractor of Contractor shall be entitled to any employment benefits from
City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf
of itself, and any of its officers, agents, servants, employees or subcontractor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS, SER VANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SER VANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S
BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Contractor bears the cost and expense of payment for claims or actions
against City pursuant to this section, Contractor shall have the right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or
compromise any such claim; however, City shall have the right to fully participate in any and all
such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to
cooperate with Contractor in doing so. In the event City, for whatever reason, assumes the
responsibility for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City shall have the sole right to conduct the defense of
any such claim or action and all negotiations for its settlement or compromise and to settle or
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compromise any such claim; however, Contractor shall fully participate and cooperate with City in
defense of such claim or action. City agrees to give Contractor timely written notice of any such
claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the
foregoing, City's assumption of payment of costs or expenses shall not eliminate Contractor's duty
to indemnify City under this Agreement. If the software and/or documentation or any part
thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a
settlement or compromise, such use is materially adversely restricted, Contractor shall, at its own
expense and as City's sole remedy, either: (a) procure for City the right to continue to use the
software and/or documentation; or (b) modify the software and/or documentation to make it non-
infringing, provided that such modification does not materially adversely affect City's authorized
use of the software and/or documentation; or (c) replace the software and/or documentation
with equally suitable, compatible, and functionally equivalent non-infringing software and/or
documentation at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to Contractor terminate this Agreement, and refund all amounts paid to
Contractor by City, subsequent to which termination City may seek any and all remedies available
to City under law.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Assignment. Contractor shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Contractor under which the
assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor
and Assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the
effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, subcontractor shall execute a written
agreement with Contractor referencing this Agreement under which subcontractor shall agree to be bound
by the duties and obligations of Contractor under this Agreement as such duties and obligations may
apply. Contractor shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Contractor shall provide City with certificate(s) of insurance documenting policies of the
following minimum coverage limits that are to be in effect prior to commencement of any work pursuant
to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$I,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Contractor, its employees, agents,
representatives in the course of the providing services under this Agreement.
"Any vehicle"shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
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Statutory limits
Employer's liability
$100,000- Each accident/occurrence
$100,000- Disease - per each employee
$500,000 - Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers' Compensation
Act (Art. 8308 — 1.0 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of:
$100,000 -each accident/occurrence, $500,000 bodily injury disease policy limit
$100,000 -per disease per employee.
(d) Professional Liability (Errors & Omissions)
$2,000,000- Each Claim Limit
$2,000,000- Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage shall be claims-made, and maintained for the duration of the
contractual agreement and for two (2) years following completion of services
provided. An annual certificate of insurance shall be submitted to City to
evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall name
City as an additional insured thereon, as its interests may appear. The term City
shall include its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation (Right
of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten (10) days' notice shall be acceptable in
the event of non-payment of premium.Notice shall be sent to the Risk Manager,
City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to
the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas. All insurers must have a minimum rating of A- VII in the
current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
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(e) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any
work pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS.
Contractor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances, rules and regulations. If City notifies Contractor of any violation of such laws, ordinances,
rules or regulations, Contractor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Contractor, for itself, its personal representatives, assigns, subcontractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
To CITY: To CONTRACTOR:
City of Fort Worth DNA Labs International
Attn: Valerie Washington, Assistant City Manager Attn: Allison Nunes, Chief Operating Officer
200 Texas Street PO Box 910 (Zip Code 33443)
Fort Worth,TX 76102-6314 260 SW Natura Avenue, 2nd Floor
Facsimile: (817) 392-8654 Deerfield Beach, FL 33441
Facsimile: (954) 697-0218
With copy to Fort Worth City Attorney's Office at same address.
14. SOLICITATION OF EMPLOYEES.
Neither City nor Contractor shall, during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
contractor, any person who is or has been employed by the other during the term of this Agreement,
without the prior written consent of the person's employer.Notwithstanding the foregoing,this provision
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shall not apply to an employee of either party who responds to a general solicitation of advertisement of
employment by either party.
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
16. NO WAIVER.
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
17. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement,venue for such
action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
19. FORCE MAJEURE.
City and Contractor shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority, transportation problems and/or any other similar causes.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B,
and C.
22. AMENDMENTS/'MODIFICATIONS/EXTENSIONS.
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No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument, which is executed by an authorized representative of each party.
23. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A, B and C, contains the entire understanding and agreement
between City and Contractor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. COUNTERPARTS.
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
25. WARRANTY OF SERVICES.
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty
(30) days from the date that the services are completed. In such event, at Contractor's option, Contractor
shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms
with the warranty, or(b) refund the fees paid by City to Contractor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Contractor shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Contractor shall
adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no
services will be performed by any Contractor employee who is not legally eligible to perform such
services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement(collectively, "Work Product"). Further, City shall be the sole and exclusive owner
of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product.
Ownership of the Work Product shall inure to the benefit of City from the date of conception, creation or
fixation of the Work Product in a tangible medium of expression (whichever occurs first). Each
copyrightable aspect of the Work Product shall be considered a "work-made-for-hire" within the meaning
of the Copyright Act of 1976, as amended. If and to the extent such Work Product,or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
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proprietary rights therein, that City may have or obtain, without further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. This Agreement and any
amendment hereto, may be executed by any authorized representative of Contractor whose name, title and
signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit
"D". Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
29. CHANGE IN COMPANY NAME OR OWNERSHIP
Contractor shall notify the City's Purchasing Manager, in writing, of a company name,
ownership, or address change for the purpose of maintaining updated City records. The president of
Contractor or authorized official must sign the letter. A letter indicating changes in a company name or
ownership must be accompanied with supporting legal documentation such as an updated W-9,
documents filed with the state indicating such change, copy of the board of director's resolution
approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely
impact future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of , 2018.
(signature page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH: CONTRACTOR:
By: By: J i�
Nan e: Valerie Washington Name: Allison Nunes
Assistant City Manager Title: Chief Operating Officer
Date: Date:
APPROVAL RECOMMENDED:
ATTEST:
By:
Nam . Joel F. Fitzgerald, PhD By:
Title: Chief of Police
UIQc�'OC
ATTEST: OF FORS,
By:
CiySerea
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
B :
y
Name: Michael Ward
Title: Forensic Division Manager
APPROVED AS TO FORM AND LEGALITY:
By: lid 4p
Name: T mas R. ansen
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
Contract for DNA Testing OFFICIAL RECORD
DNA Labs international, Inc. CITY SECRETARYPage 10 of 20
FT.WORTH,TX
EXHIBIT A
SCOPE OF SERVICES
1.0 THE CONTRACTOR SHALL:
1.1 Provide a list of proceedings regarding contract non-compliances;
1.2 Perform all work, case review and reporting. The work, case review and reporting
shall not be performed by a third (3rd) party;
1.3 Retain all DNA extracts, reagent blank controls and dilution tubes. The extracts,
reagent blank controls, and dilutions shall be dried down and returned to the Fort
Worth Police Department (FWPD) for long-term storage;
1.4 Provide detailed references from at least three (3) organizations of similar size and
scope of work. Refer to Exhibit 'C","Qualifications &References Sheet
1.5 Comply with Texas licensure requirements;
1.6 Comply with all federal and Texas laws;
1.7 Comply with the Tarrant County District Attorney's Office, or State of Texas
disclosure policy(whichever is more stringent);
1.8 All technologies and methodologies shall be internally validated and available for
review;
1.9 Utilize proprietary kits following the manufacturer's specifications. Modifications to the
manufacturer specifications shall require prior written approval by the Fort Worth
Technical Leader, who is the primary lab supervisor for the Biology Unit in the Fort
Worth Crime Lab)(FW TL);
1.10 Enhanced detection methods shall not be used without prior written approval from
the FW TL;
1.11 Maintain chain of custody, and use a certified courier weekday service (Monday
through Friday) to receive and ship evidence;
1.12 Comply with the turnaround time requirements: 45-calendar days for cases that
include a maximum of three to five (3-5) questions or known samples, and 60
calendar days for all other cases;
1.13 Provide capacity for up to five (5) rush DNA cases per month. A rush case is reported
in five (5), ten (10),or fifteen (15)business days (as requested by FWPD);
1.14 Be subject to annual site lab visits and/or FBI QAS audits by FWPD or FBI
2.0 REQUISITE TECHNOLOGIES,METHODOLOGIES AND LAB PROCESSES:
2.1 Presumptive and confirmatory serological testing methods for blood, seminal fluid
and/or male DNA;
2.2 DNA extraction (including differential extraction): Must have a differential
extraction procedure to be used on samples which are positive for p30 and/or sperm
cells;
2.3 Preference given to automated methods, e.g. AutoMate Express or Qiagen EZ1.
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2.4 Quantitation:
2.4.1 Real-Time Polymerase Chain Reaction (RT-PCR) [preference given to
Applied Biosystems;(AB)7500] using Quantifiler Trio.
2.5 Amplification with GlobalFiler and Yfiler.
2.6 Capillary electrophoresis using the AB 3100 or 3500 Genetic Analyzer.
2.7 Data analysis using GeneMapper-ID X software.
2.8 The Contractor lab shall consume all biological evidence o n l y upon discuss ion with
and/or w r i t t e n directive from the FW TL.
2.9 The Contractor lab shall employ methods to overcome inhibition prior to Short
Tandem Repeat (STR) and/or Y-Chromosome Short Tandem Repeat (Y-STR)
amplification,if inhibition is observed after quantification.
2.10 If quantitation value is not determined, and the Cycle Threshold (CT) is within the
expected range per the Vendor's validation specifications, the Contractor lab shall
proceed with amplification. Alternatively, the Contractor lab shall provide
sufficient validation information that supports stopping after quantitation.
2.11 If possible inhibition is observed after Short Tandem Repeat (STR) and/or Y-
Chromosome Short Tandem Repeat (Y-STR) amplification,the Contractor lab shall
employ methods to overcome inhibition and re-amplify.
2.12 The Contractor lab shall retain STR/Y-STR amplification product for a minimum of
s i x (6) months following issuance of the lab report.
2.13 The Contractor laboratory shall have and follow a procedure for identifying possible
contamination (at a minimum, comparison to an employee elimination database and
comparison of samples simultaneously processed).
2.14 The use of probabilistic genotyping software must be approved by the FW TL.
2.15 Preference will be given to a Vendor which performs likelihood ratio and
modified random match probability in addition to random match probability and
the combined probability of inclusion.
2.16 The Contractor lab shall contact the FW TL for approval if more than one (1)
technology (i.e.STR or Y-STR) is recommended.
2.17 The Contractor lab shall contact the FW TL if only Y-STR testing is recommended.
2.18 The FW TL must agree to the Contractor lab's technical specifications prior to the
Contractor lab beginning work.
3.0 DOCUMENTATION REQUIREMENTS:
3.1 The Contractor lab shall provide the FW TL with copies of all standard operating
procedures, quality manual, and interpretation guidelines and demonstrate adherence to
the FBI Quality Assurance Standards. Preference will be given to vendors complying
with the Scientific Working Group on DNA Analysis Methods (SWGDAM)
recommendations.
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3.2 All documentation regarding single source and mixture interpretation (including
genotype interpretations for profiles deemed suitable for comparison and statistical
analysis) shall be sufficiently understandable to reconstruct the vendor's interpretation.
3.3 All interpretation parameters and assumptions shall be documented by the Contractor in
the case file.
4.0 TEAM EXPERIENCE: (See Contractor's Proposal Response to RFP 17-0315, pp. 19-22
4.1 The Contractor lab shall identify key personnel to work on FWPD cases.
4.2 The Contractor lab shall provide a current Curriculum Vitae (CV), statement of
qualifications, and intended role of key personnel (i.e. Project Manager, Analysts and
Reviewers).
4.3 The Contractor lab shall provide a summary of testimony experience for key personnel.
4.4 The Contractor lab shall provide written assurance that key personnel identified for the
project will be performing the work, and will not be substituted without prior approval by
the FW TL.
5.0 DISCOVERY REQUIREMENTS:
5.1 The following documents shall be electronically provided for each case:
5.1.1 Complete copy of the case file(see below for specifications);
5.1.2 All electronic data(quantitation and amplification);
5.1.3 Electronic profile to facilitate Combined DNA Index System (CODIS)
entry.
5.2 Case file must contain at minimum:
5.2.1 Contractor lab number;
5.2.2 FWPD lab number and offense number;
5.2.3 Lab reports for screening and/or DNA**;
5.2.4 Chain of custody;
5.2.5 Evidence examination/screening worksheets**;
5.2.6 Color photos (if applicable);
5.2.7 Communication records (i.e. e-mails, phone logs);
5.2.8 Extraction worksheets;
5.2.9 Quantitation worksheets;
5.2.10 Normalization documentation (if applicable);
5.2.11 Amplification worksheets;
5.2.12 Detection worksheets;
5.2.13 Electropherograms of all dye channels (regardless of whether or not the
data was used in reporting) electropherograms for control samples (e.g.
reagent blank, positive amplification control, and negative amplification
control) must also be included;
Contract for DNA Testing
DNA Labs International, Inc.
Page 13 of 20
5.2.14 Labeled electropherograms indicating which questioned or known
profiles were used for reporting**;
5.2.15 Summary page of lab number, sample number, sample description and
quantitation value(s)**;
5.2.16 Documentation of technical and administrative review;
5.2.17 Allele table of profiles used in reporting**;
5.2.18 CODIS entry profile [also to include sample ID, proposed specimen
category, source ID(yes/no), partial profile(yes/no)]**;
5.2.19 Non-conformance and/or corrective action(if applicable)**;
5.2.20 Items from sub-section 36.2 marked with "**" shall additionally be
provided in hard copy format.
6.0 DOCUMENTS PROVIDED TO CONTRACTOR LAB BY FWPD:
6.1 Submission Form;
6.2 Documentation indicating the items sent,and the nature of the request;
6.3 Brief case scenario, the probative value of the item, and/or Sexual Assault Exam
paperwork.
7.0 DOCUMENT ABBREVIATIONS:
7.1 (AB)-Applied Biosystems
7.2 (CT)-Cycle Threshold
7.3 (CV)—Curriculum Vitae
7.4 (DNA)—Deoxyribonucleic Acid
7.5 (FBI)-Federal Bureau of Investigation
7.6 (FW TL)- Fort Worth Technical Leader(Biology Unit)
7.7 (FWPD) -Fort Worth Police Department
7.8 (ID)- Identification
7.9 (ISO)-International Organization for Standardization
7.10 (QAS)-Quality Assurance Standards
7.11 (RFP)-Request for Proposal
7.12 (STR)-Short Tandem Repeat
7.13 (SWGDAM)—Scientific Working Group on DNA Analysis Methods
7.14 (Y-STR)-Y-chromosome Short Tandem Repeat
Contract for DNA Testing
DNA Labs International, Inc.
Page 14 of 20
EXHIBIT B
COST SCHEDULE
Service Price Per Sample
Serology
Blood, semen or saliva screening. $95.00 per stain
Large Items(ex. Sheets) $595.00
See additional screening below
Serology and STR or Y-STR
$425.00
($100 for serology, $325 for GlobalFiler STR testing)
i. Evidentiary Sample $440.00
($100 for serology, $340 for Y-Filer Y-STR testing;
$540 for Y-Filer Plus)
$675.00
ii. Differential Extraction Per SAK Kit
(See full explanation below)
iii.Reference(known) Sample $115.00
STR or Y-STR for previously extracted $325.00
sample w/reagent blank
Discontinuing after quant $325.00
($100 for serology, $125 up to quant)
$1,000 per sample-48 hours
Rush Testing 100% increase in price- 5 days
85% increase in price- 10 days
75% increase in price- 15 days
$250/hour-$1,800 max per day
Testimony Video testimony-$200/hour
Only about 4%of cases go to court.
Contract for DNA Testing
DNA Labs International,Inc.
Page 15 of 20
EXHIBIT B, continued
SAEK Pricing-Detailed Explanation
$675.00 per kit for GlobalFiler
1) Y-Screening of 3 Question samples, plus one Known sample processed.
2) 2 samples (or 4 fractions) amped unless multi- perp or unconscious victim
3) $185.00 for each additional y-screen/quant(beyond 3 questioned samples)
4) $185.00 for each additional amp(beyond 2 question samples)
5) If multi-perp or unconscious victim then it is the additional screen and quant fee of$185 and if
probative it will be amplified with GlobalFiler.
6) We would screen/exhaust all items in the kit, in a step-wise fashion. For example, all genital area
samples exhausted first. Then move to breast/neck other body swabs, and finally fingernail/scrapings and
pubic hair combings. Unless certain samples are prioritized for a specific case.
7) Underwear or clothing items that need ALS screening will be an additional $125 per sample.
Additional Costs Fee Per Item
Evidence Screening/Serology
Preparation of Bone $795.00
M-Vac Screening - 1 Sample $995.00
• Additional samples per case. $895.00
DNA Services Fee Per Item
STR Analysis
Evidence Sample—Bone/Skeletal Remains $995.00
M-VAC Filter $495.00
mtDNA Analysis
Per Sample $2,000.00
Analysis Services Fee Per Item
STRmix—mixture interpretation software analysis. $995.00
a STRmix—Additional samples per case. $695.00
Contract for DNA Testing
DNA Labs International, Inc.
Page 16 of 20
EXHIBIT C
QUALIFICATIONS& REFERENCES SHEET
References are listed as Proprietary Information in the Contractor's response to RFP 17-0315 for DNA
Testing.
CERTIFICATE OF ACCREDITATION
ANSI-ASQ National Accreditation Board
139 J Technology Drive,Gamer,NC 27529,703-836-0025
This is to certify that
DNA Labs International
240 SW Natura Avenue
Deerfield Beach, FL 33441
has been assessed by ANAB
and meets the requirements of international standard
ISOAEC 17025:2005 and the FBI QAS
while demonstrating technical competence in the field of
FORENSIC TESTING
Refer to the accompanying Scope of Accreditation for information regarding the types of
tests to which this accreditation applies.
AT-160
Cetbifirate Number
4��—
ANAB Approval
Certificate valid: I W I=013.101I tS(L017
Version No.002 Issued:t l 129f201ri `L
This laboratory is accredited in accordance with the recognized International Stmaiard IS046C 17025:2005.
This accreditation demmshata tedmuat campeteam for a derated scope end the opera wn of a tabm"
quality manwmax system(refer to joint ISO-ILAGIAF Commw4g dated latruery 21109).
Contract for DNA Testing
DNA Labs International,Inc.
Page 17 of 20
EXHIBIT C, continued
M4AN51-ASQ National Accreditation Board
A
SCOPE OF ACCREDITATION TO ISO/IEC 17025:2005 and the FBI QAS
DNA Labs International
240 SW Natura Avenue,Deerfield Beach,Fl.33441
Conuct:l:irrtun Charlson Phone:954426-5163
FORENSIC TESTING
Valid to:(Mober 18.2017 Certificate Number:AT-1683
Materials Examined
Category Sub-Cate ory/Actidh' AnaNticai Techniques
Biology • Biological screening 1.0,1.1,1.2,1.3, 1.1,6.0,7,0
• DNA analysis in 2.1,2,1.1,2.1.2,2.1.3,2.2,2.3,3.0,7.0
foransic casework 2.1,2.1.1,2.1.2,2.1.3,2.2,2.3,3.0,
• DNA analysis for 7.0
databasing 2.1,2.1.1,2.1.2,2.1.3,2.2,2.3,3.0,
• Paternitv+'Fatnilial 7'0
relationships
Analytical Technique/Test Method
L0 Chemical Screening Pests
Ll LnmunoassaN
12 Color
1.3 Microchemical
2.0 Genetic Analysis
2.1 DNA-PCR
2.1.1 Autosomal STR
2.1.2 YS1'R
2.1.3 MiniFiler
2.2 Non-DNA marker analysis
2.3 Data analsis
3.0 Eleetroplhoresis
3.1 Ca illary
4.0 Physical F,xamination
4.1 Physical measurements(c.E.,,wei ht,volume,etc.)
6.0 Microscope
6.1 Optical
7.0 General laboratory procedures
I Thic.u�.is fiRmaned a:pc,n ofa.�»la dormnaq inchuhr�i.edific�r of i\rurz�tit�[icv�?:n AT-InR7,
4�
Vice President
1'rnion 002 I<wud.I G29?Ol n Pagc 14 I J���I
LB
139 J Technology Drive Garner,NC 27529 703-836-0025 1 www anab org ` 1
Contract for DNA Testing
DNA Labs International, Inc.
Page 18 of 20
EXHIBIT C, continued
�>r
Crime Laboratory Service
5800 Guadalupe
:a.. Austin,Texas 78752
512-424-2105 r,
Fax:512-424-5845
STEVEN C.MCCRAW e-mail:wil.young @ dps.texas.gov COMMISSION
DIRECTOR - A.CYNTHIA LEON,CHAIR
DARY G.BAKER DPS ACCREDITATION CARIN MARCY SON
CHERYVIDL MacBRIDE RANDY WATSON
DEPUTY DIRECTORS
October 28,2013
Ms.Crystal Oechsle
DNA Labs International
240 SW Natura Ave.
Deerfield Beach, Florida 33441-3026
RE: Application for DPS Accreditation under Title 37,Texas Administrative Code,Chapter 28,
Subchapter
Dear Ms.Crystal Oechsle:
With some exceptions,Code of Criminal Procedure,Article 38.35, requires Department of
Public Safety(DPS)accreditation as a predicate to the admission of the forensic analysis of
physical evidence and expert testimony relating to the evidence in a criminal case.
As the designee of the Director of the Department of Public Safety,I have considered
your application based on your national accreditation from FQS and grant Full DPS
Accreditation to DNA Labs International for the following disciplines:
Biology
There are no limitations imposed on these accredited disciplines.
The term of FQS accreditation is from 10/18/2013 to 11/27/2017 unless they have extended
their accreditation as part of a routine renewal process.
The term of DPS accreditation is from 10/28/2013 until such time that the accreditation
from FQS is no longer current.
DPS Accreditation is contingent upon compliance with Title 37,Texas Administrative Code,
Chapter 28,Subchapter I, including requirements of reporting correspondence, reports or
communication between the laboratory and the accrediting body. DPS.accreditation will be
automatically rescinded at the same date and time as.FQS withdraws your laboratory
accreditation.
Yours Truly,
D. Pat Joh son
Deputy Assistant Director,Crime Laboratory Service
CC: FQS
Contract for DNA Testing
DNA Labs International, Inc.
Page 19 of 20
EXHIBIT D
SIGNATURE VERIFICATION FORM
Full Legal Name of Company: DNA Labs International.
Legal Address: 260 SW Natura Avenue, 2nd Floor,Deerfield Beach,FL 33441
Services to be provided: DNA Testing
ATTAC)U NT D
SIC,zKATI<1RE VERIFICATION FORM
Full Lega1 Name of Company:
Legal Address:
Services to be provided:
Execution of this Signature Verification Form("Form")hereby certifies that the following individuals
and/or positions have the authority to legally bind the Company and to execute any agreement,amendment
or change order on behalf of Company.Such binding authority has been granted by proper order,resolution,
ordinance or other authorization of Company. The City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Company.Company
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority.The City is entitled to rely on any current executed Form until it receives a revised Form that has
been properly executed by the Company.
1. Name:
Position:
S°
Atwe
2. Name:
Position:
Sits
3. Name:
Position:
Signetwe
Name:
Signature of President/CFA
Other Title:
Date:
Contract for DNA Testing
DNA Labs International,Inc.
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