HomeMy WebLinkAboutContract 48706 CITY SECRETARY //,,
CONTRACT N0. v0
PROFESSIONAL SERVICES AGREEMENT
Texas A&M Veterinary Medical Diagnostic Laboratory
This PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and entered into by
and between the CITY OF FORT WORTH(the"City"),a Texas home rule municipal corporation,acting
by and through Fernando Costa,its duly authorized Assistant City Manager,and Texas A&M Veterinary
Medical Diagnostic Laboratory ("Vendor"), a Texas Corporation, and acting by and through Vis S.
Seidel, its duly authorized Chief Financial 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,Vendor's Proposal in response to RFP 17-0060;
3. Exhibit B—Price Schedule;and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A,B and C,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 or C 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.
Vendor hereby agrees to perform testing for specimens that are sent to a laboratory for deceased
animals,provided by the vendor,for the Code Compliance Department("Services").Attached hereto and
incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more
specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall begin on January 30,2017("Effective Date")and shall expire on January 29,
2018 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
Following the Initial Term, there shall be three (3) one-year renewals at the City's sole option (each a
"Renewal Term"). The City shall provide Vendor with written notice of its intent to renew at least thirty
(30)days prior to the end of each term.
3. COMPENSATION.
The City shall pay Vendor in accordance with the fee schedule of the Vendor personnel who
perform services under this Agreement in accordance with the provisions of this Agreement and the Price
Schedule attached as Exhibit"B,"which is incorporated for all purposes herein; however,total payment
made under this Agreement by the City for all services shall be in the amount of Forty-Nine Thousand
Seven Hundred Sixty-Two Dollars and Fifty Cents ($49,762.50). Vendor shall not perform any
additional services or bill for actual expenses related to work for the City not specified by this Agreement
unless the City requests and approves in writing the additional costs or expenses for such services.The City
shall not be liable for any additional expenses of Vendor not specified by this Agreement unless the City
first approves such expenses in writing.
Professional Services Agreement —'`` Page 1 of 10
OFFICIAL RECORD
CITY SECRE'T'ARY
FT, WORTH, TX
4. TERMINATION.
4.1. Written Notice. City or Vendor 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 Vendor 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 Vendor for services actually rendered up to the effective date of
termination and Vendor 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,Vendor shall provide City with copies of all completed or partially completed documents prepared
under this Agreement.In the event Vendor has received access to City Information or data as a requirement
to perform services hereunder, Vendor 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. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this
Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,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.Vendor 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.Vendor 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,Vendor 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.
Vendor 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 Vendor involving transactions relating to this Contract at no
additional cost to City. Vendor agrees that City shall have access during normal working hours to all
necessary Vendor 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 Vendor reasonable advance notice
of intended audits.
Professional Services Agreement Page 2 of 10
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor 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,
Vendor 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
subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between
City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants,
Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a
partnership or joint enterprise between City and Vendor.It is further understood that City shall in no way
be considered a Co-employer or a Joint employer of Vendor or any officers,agents,servants,employees or
subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of
Vendor shall be entitled to any employment benefits from City. Vendor 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 subVendor.
8. LIABILITY AND INDEMNIFICATION.
8.1 LIABILITY- VENDOR SHALL BE LL4BLE AND RESPONSIBLE FOR ANYAND
ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OFANY JUND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERALINDEMNIFICATION-VENDORHEREBYCOVENANTSANDAGREES
TO INDEMNIFY,HOLD HARMLESSAND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTS
AND EMPLOYEES,FROMANDAGAINSTANYANDALL CLAIMS OR LAWSUITS OFANY%IND
OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR
LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY
RESULTINGLOSTPROFITS)AND/OR PERSONAL INJURY,INCLUDING DEATH,TOANYAND
ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor 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 Vendor bears the cost and expense of payment for claims or actions against
City pursuant to this section,Vendor 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
Vendor 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 compromise any such claim;however,
Professional Services Agreement Page 3 of 10
Vendor shall fully participate and cooperate with City in defense of such claim or action.City agrees
to give Vendor 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 Vendor'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,
Vendor 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 Vendor terminate this Agreement,and refund all amounts paid
to Vendor 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. Vendor 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 Vendor under which the assignee agrees to be
bound by the duties and obligations of Vendor under this Agreement.Vendor and Assignee shall be jointly
liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a written
agreement with Vendor referencing this Agreement under which sub Vendor shall agree to be bound by the
duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor
shall provide City with a fully executed copy of any such subcontract.
10. INSURANCE.
Vendor 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:
$1,000,000- 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 Vendor, 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.
Professional Services Agreement Page 4 of 10
(c) Worker's Compensation:
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-
f:$100,000- each accident/occurrence, $500,000 bodily injury disease policy
limit
$100,000- per disease per employee.
(d) Professional Liability(Errors&Omissions)
$1,000,000- Each Claim Limit
$1,000,000- 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
Professional Services Agreement Page 5 of 10
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.
(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 Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS
Vendor 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 Vendor of any violation of such laws, ordinances,rules
or regulations,Vendor shall immediately desist from and correct the violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as
part of the consideration herein, agrees that in the performance of Vendor'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-DISCRIIWINATION COVENANT BY VENDOR, ITS PERSONAL
REPRESENTATIVES,ASSIGNS,SUBVENDORSS OR SUCCESSORS IN INTEREST,VENDOR
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 VENDOR:
City of Fort Worth Texas A&M Veterinary Medical Diagnostic
Attn:Fernando Costa,Assistant City Manager Laboratory.
200 Texas Street Attn:Vic S. Seidel,CFO
Fort Worth,TX 76102-6314 1 Sippel Road,TAMU 4471
Facsimile:(817)392-8654 College Station,TX 77843-4471
Facsimile:(979)845-1794
With copy to Fort Worth City Attorney's Office at
same address
Professional Services Agreement Page 6 of 10
14. SOLICITATION OF EMPLOYEES.
Neither City nor Vendor 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 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 Vendor 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 Vendor'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 Vendor 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 Iimit the scope of any provision of this Agreement.
Professional Services Agreement Page 7 of 10
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
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 Vendor,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.
Vendor 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(3 0)
days from the date that the services are completed.In such event, at Vendor's option,Vendor 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 Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify
the identity and employment eligibility of all employees who perform work under this Agreement.Vendor
shall complete the Employment Eligibility Verification Form(I-9),maintain photocopies of all supporting
employment eligibility and identity documentation for all employees,and upon request,provide City with
copies of all l-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will
be performed by any employee who is not legally eligible to perform such services. Vendor shall provide
City with a certification letter that it has complied with the verification requirements required by this
Agreement.Vendor shall indemnify City from any penalties or liabilities due to violations of this provision.
City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.
Professional Services Agreement Page 8 of 10
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,
Vendor 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 proprietary
rights therein, that City may have or obtain, without finther 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 Vendor whose name,title and signature is affixed on
the Verification of Signature Authority Form,which is attached hereto as Exhibit"C".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
Vendor shall notify 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 Vendor 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of 2017.
(signature page follows)
Professional Services Agreernent Page 9 of 10
ACCEPTED AND AGREED:
CITY OF FORT WORTH: VENDOR: Texas A&M Veterinary Medical
Diagnostic Laboratory
Name: Fernando Costa By:
Assistant City Manager Name: Vic S. Seidel"
Date:
Title: Chief Financial Officer
2 f.9�'7
Date: O/Z,lq 7-a/7
APPROVAL RECOMMENDED:
ATTEST:
By:
Name: 1§jAdon BeMett -
Title: ode Com liance Department
Title: e
ATTEST:
By.
Ci Sec t •1.0
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person n,
responsible for the monitoring and administration of =�
this contract,including ensuring all performance and
reporting requirements. '��
By: D /L
Name: off jj
Title: 6,d�ic7FY•.
— I
APPROVED AS TO FORM AND LEGALITY:
By:
OFFICIAL RECORD
ani John Strong CITY SECRETARY
Assistant City Attorney I FT. WORTH,TX
CONTRACT AUTHORIZATION: —
M&C: N/A
Professional Services Agreement Page 10 of 10
EXIHIBIT A
STATEMENT OF WORK
1. SCOPE OF WORK
1. Vendor shall perform testing of specimens that shall be sent to a laboratory for deceased animals,
provided by the Vendor.The Vendor shall test primarily for the purpose of criminal cases such as
animal cruelty,and shall require a turnaround time of results within five(5)business days Monday
through Friday.The focus will be on the following testing:
30.1 Necropsy and Histopathology Testing- The Vendor shall offer full Necropsy testing for
domestic animals(primarily canines and felines), and full Histopathology testing shall be
required in conjunction with Necropsy testing for animal tissue submitted from the field
laboratory;
30.2 Serology Testing-The Vendor shall offer a range of Serological testing for diseases such
as Avian Influenza,Newcastle Disease and Infectious Bronchitis;
30.3 Bacteriology Testing—The Vendor shall perform conventional Aerobic and Anaerobic
Bacteriological assays;
30.4 Parasitology Testing—Vendor shall offer Parasitology Examination at Necropsy via direct
examination,and skin and internal organ scrapings.The Vendor shall offer fecal flotation
testing on fecal samples for detection of internal parasites;and
30.5 Additional Vendor requirements:
30.5.1 Vendor shall provide accurate and precise data to aid in the diagnosis and
classification of various diseases and causes of death. In addition to validated
results,provide clinical interpretation when applicable and requested;
30.5.2 Vendor shall provide legal documentation if requested.
Professional Services Agreement—Exhibit A
RFP No . 17 -0060, Texas A& M Veterinary Medical Diagnostic Laboratory
Page I
EXIIIBIT B
PRICE SCHEDULE
TEST 1:Aerobic&Anaerobic Culture—Companion
Culture for the isolation and identification of a wide variety of bacterial pathogens in companion animals.
—----—-----------------------—------
Name Aerobic&Anaerobic Culture—Companion
Section Bacteriology
---------— ------
Species Amphibian,Avian,Canine,Cervid, Equine,Exotic, Feline, Rodent
Description Culture for the isolation and identification of a wide variety of bacterial
pathogens in companion animals.
---------- -------- —-------------------------
Specimen One or more of the following;fresh chilled tissues,urine,swabs,feces
—------------ ———---------------------———---—----------——
Sampling Requirements Aseptically collected samples as above. Do not add saline or broth to fresh
tissue samples.
.......... ............ ..........................
Collection Container Urine in sterile container;swabs in transport media;feces or tissues in
leak-proof container
Packing Instructions Ship with cold pack to keep samples chilled during transport.
—----—---------------—-------------------------------------- --------------
Special Instructions None
.......... ..........
Price $23.00
Schedule Lab Schedule Turnaround time
—------------------------------—-----------------------------
Amarillo Monday,Tuesday,Wednesday, 2-7 days
Thursday, Friday,Saturday
College Station Monday,Tuesday,Wednesday, 2-7 days
Thursday,Friday,Saturday
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
- - --. _. .. -- ------- . - -- - P a g e 12
TEST 2:Kirby-Bauer Susceptibility Test-Companion Animal
Disk diffusion susceptibility testing on pure isolates cultured from submitted specimens.
Name Kirby-Bauer Susceptibility Test-Companion Animal
Section Bacteriology
Species Amphibian,Avian,Canine,Exotic,Feline,Rodent
Description Disk diffusion susceptibility testing on pure isolates cultured from
submitted specimens.
Specimen Pure bacterial isolate
Sampling Requirements Pure isolate
Collection Container Culture plate ortube
- ----------------------- _
Packing Instructions Label all samples.Ship on cold packs.Ship overnight.
Special Instructions Swabs received will require a culture at additional cost.
Price $15.00
Schedule Lab Schedule Turnaround time
Amarillo Monday,Tuesday,Wednesday, 1 days
Thursday,Friday
College Station Monday,Tuesday,Wednesday, 1 days
Thursday,Friday
RFP No . 17 -0060, Texas A& M Veterinary Medical Diagnostic Laboratory
------ Page 13
TEST 3: Canine Respiratory Disease Panel(qPCR)
—--------- —------------------
Section Molecular Diagnostics
Species Canine
--------——------------
Description Detection of pathogens commonly attributed to respiratory disease in canine: bordetella
bronchiseptica(1313),canine adenovirus 2(CAV-2),canine distemper virus(CDV),canine
herpesvirus I(CHV-1),canine influenza(CIV),canine respiratory coronavirus(CCoV),and
canine parainfluenzavirus(CPIV)by qPCR. FAQ:Molecular Diagnostics Result Interpretation
Specimen One or more of the following:nasal swab,tracheal swab, pharyngeal swab,conjunctival
swab, 1.0 g fresh respiratory tissues,I g fresh tissues(brain,kidney,spleen)
---------------- ------------- -----------------------
Sampling Requirements Fresher samples are optimal. If sending swabs,dry swabs are preferred.Swabs in sample
media such as bacterial culturette gels may interfere with testing.
----------- —-----------------
Collection Container Plastic leak-proof container,plastic or glass tube
-------------
Packing Instructions Label all samples.Ship on cold packs.Ship overnight.
----------—-----
Special Instructions None
Price $60.00
Schedule Lab Schedule Turnaround time
College Station Tuesday,Wednesday,Thursday,Friday 1-3 days
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
---------- - -----..._ Page 4
TEST 4: Cytology Body Fluid Analysis
------- ----- ----- - -
Section Clinical Pathology
__.-----. ...._.____.-
Species Amphibian,Avian,Bovine,Canine,Caprine,Cervid, Equine, Exotic, Feline,Ovine, Porcine,
Reptile, Rodent
Description Cytology of fluid.
------------------------------
Specimen 0.5 mL body fluid and/or air dried slides
Sampling Requirements Body fluid should be in EDTA.Joint fluid requires red top tube with no additives in addition
to EDTA fluid.Air-dried direct slides must be prepared at time of collection.
Collection Container Plastic or glass tube,slide container
.........
Packing Instructions Ship with cold packs.Do not refrigerate slides;protect slides from formalin and moisture.
Special Instructions None
Price $35.00
Schedule Lab Schedule Turnaround time
---------------
Amarillo Monday,Tuesday,Wednesday,Thursday,Friday 1-2 days
College Station Monday,Tuesday,Wednesday,Thursday,Friday 1-2 days
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
— — - - - - -- - ----- P a g e IS
TEST 5: Biopsy
Section Histopathology
Species Amphibian,Avian,Bovine,Canine,Caprine,Cervid, Equine, Exotic, Feline,Ovine, Porcine,
Reptile,Rodent
Description Histologic/microscopic evaluation of formalin fixed tissue specimen(s).
Specimen Specimen in 10%neutral buffered formalin(NBF)
Sampling Requirements For best results,specimens should be submitted in 10%neutral buffered formalin(NBF).To
assure adequate fixation,tissue must be immersed in NBF at a ratio of at least 10:1
(NBF:tissue).
Collection Container Leak-proof wide mouth plastic jars.Samples submitted in glass containers are not
acceptable.
Packing Instructions Ship at room temperature.
Special Instructions Price pertains to single tumor(or organ)examined.Additional tumors(or organs)from
same animal are$14 each.Unfixed tissue and tissue requiring decalcification will take
longer to process.
Price $48.00 - ^T^• ��"m
Schedule Lab Schedule Turnaround time
Amarillo Monday,Tuesday,Wednesday,Thursday,Friday 2-4 days
College Station Monday,Tuesday,Wednesday,Thursday,Friday 2-4 days
RFP No. 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
---- -_ P a
_......._ ..-....-- -- ..._._..-------- ._ ..-.--
TEST 6: Necropsy—Histopathology (UP TO 8 TISSUES)
----------_— _— - - ------ -.
Section Histopathology
----------.._.__—_.___. _____..-.------ ..........
Species Amphibian,Aquatic,Avian,Bovine,Canine,Caprine,Cervid, Equine, Exotic, Feline,Ovine,
Porcine, Rodent
._----..._�.........` ---.._..........-..
Description Microscopic evaluation of fixed tissues collected at necropsy.The price listed($65.00)is for
up to 8 tissues;for more than 8 tissues,the price is$80.00.
-----------__.----
Specimen Organ specimens fixed in 10%neutral buffered formalin
............... -...—
Sampling Requirements For best results,specimens should be submitted in 10%neutral buffered formalin(NBF).To
assure adequate fixation,tissue must be immersed in NBF at a ratio of at least 10:1
(NBF:tissue).
Collection Container Leak-proof wide mouth plastic jars.Samples submitted in glass containers are not
acceptable.
- -- -
Packing Instructions Ship at room temperature.
-- — -------------------------
Special Instructions "NOTE:Fresh tissues from necropsy cases will be kept for 14 days from the date the
animal is received. If additional tests are requested,these requests must be made within
this 14 day time period.
-- _ ..........-
Price $65.00
Schedule Lab Schedule Turnaround time
Amarillo Monday,Tuesday,Wednesday,Thursday,Friday 2-5 days
College Station Monday,Tuesday,Wednesday,Thursday,Friday 2-5 days
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
- Page 17
---------- -—----------
TEST 7: Necropsy—Histopathology (MORE THAN 8 TISSUES)
——----------------------- -------
Section Histopathology
Species Amphibian,Aquatic,Avian, Bovine,Canine,Caprine,Cervid, Equine, Exotic, Feline,Ovine,
Porcine,Rodent
---——-------
Description Microscopic evaluation of fixed tissues collected at necropsy.The price listed($65.00)is for
up to 8 tissues;for more than 8 tissues,the price is$80.00.
------------
Specimen Organ specimens fixed in 10%neutral buffered formalin
...............1--l-...........
Sampling Requirements For best results,specimens should be submitted in 10%neutral buffered formalin(NBF).To
assure adequate fixation,tissue must be immersed in NBF at a ratio of at least 10:1
(NBF:tissue).
—--------------—----------------
Collection Container Leak-proof wide mouth plastic jars.Samples submitted in glass containers are not
acceptable.
-—---------
Packing Instructions Ship at room temperature.
Special Instructions "NOTE: Fresh tissues from necropsy cases will be kept for 14 days from the date the
animal is received. If additional tests are requested,these requests must be made within
this 14 daytime period.
—-----------------------------
Price $65.00
-------------—--------
Schedule Lab Schedule Turnaround time
Amarillo Monday,Tuesday,Wednesday,Thursday,Friday 2-5 days
College Station Monday,Tuesday,Wednesday,Thursday, Friday 2-5 days
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
------ Page 8
.....--_---------- ---------- ----------
TEST 8: Necropsy—COMPANION/EXOTIC(<50lbs)
------------ ----------- -------
Sectio
----------
Section Necropsy
............ .......... ----------
Species Canine, Exotic, Feline
Description The carcass is dissected and tissues harvested to determine cause of death.
--------------1111......_.—------------
1111
Specimen Fresh carcass
--------------
Sampling Requirements The fresher the carcass,the greater the diagnostic yield.
_................ ,- .._'..... - .11......... .........
Collection Container Plastic leak-proof container
-------------1------------ ---------------- —-----
Packing Instructions Keep carcass chilled until delivery. Label all samples.Ship on cold packs.Ship overnight.
............ —- .................. ............. __._........................ __............----__11.1.1.....Special Instructions Results for the gross necropsy will be available within 24 hours of receipt;ancillary testing
may take longer. If"necropsy"is requested,a necropsy and ancillary tests(at current test
pricing)are performed to determine the cause of death. if"gross necropsy only" is
requested,only a gross necropsy is performed. Necropsy cases requiring detailed
documentation and processing for legal/insurance purposes incur an additional charge of
$200. Necropsies that are delivered and requested to be performed after regular business
hours will incur an additional$75 fee."NOTE:Fresh tissues from necropsy cases will be
kept for 14 days from the date the animal is received. If additional tests are requested,
these requests must be made within this 14 day time period.
-------------------- ---------- ---------
Price $150.00
----------- ....
Schedule Lab Schedule Turnaround time
I--,-------------------------
Amarillo Monday,Tuesday,Wednesday,Thursday,Friday 1-4 days
............... -----------
College Station Monday,Tuesday,Wednesday,Thursday,Friday 1-4 days
—----------------- —-----
Gonzales Monday,Wednesday,Thursday,Friday 1-4 days
RFP No . 17 -0060, Texas A & M Veterinary Medical Diagnostic Laboratory
__- Page 9
TEST 9: Necropsy-COM PAN ION/EXOTIC(>501bs)
------------------------------_..---- -------__— -r -----
Section Necropsy
------------
Species
Species Canine, Exotic, Feline
Description The carcass is dissected and tissues harvested to determine cause of death.
_. ------- _........... ---._..... - ---
Specimen Fresh carcass
_____ ---- -------Sampling Requirements Requirements The fresher the carcass,the greater the diagnostic yield.
_...- - .._.._..-....._........._.----_----.................._ __.
Collection Container N/A
Packing Instructions Keep carcass chilled until delivery.
._....... .._-..--".._.-._............_.....-........
_,..
Special Instructions Results for the gross necropsy will be available within 24 hours of receipt;ancillary testing
may take longer. If"necropsy"is requested,a necropsy and ancillary tests(at current test
pricing)are performed to determine the cause of death.if"gross.necropsy only"is
requested,only a gross necropsy is performed. Necropsy cases requiring detailed
documentation and processing for legal/insurance purposes incur an additional charge of
$200. Necropsies that are delivered and requested to be performed after regular business
hours will incur an additional$75 fee. "NOTE: Fresh tissues from necropsy cases will be
kept for 14 days from the date the animal is received. If additional tests are requested,
these requests must be made within this 14 day time period.
Price $200.00
Schedule Cab Schedule Turnaround time
Amarillo Monday,Wednesday,Thursday,Friday 1-4 days
College Station Monday,Tuesday,Wednesday,Thursday,Friday 1-4 days
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
Page 110
----------
TEST 10: Fecal Flotation
----------- —----------
Section Parasitology
----------- --------------
Species Amphibian,Avian,Bovine,Canine,Caprine,Cervid, Equine, Exotic, Feline,Ovine, Porcine,
Reptile,Rodent
------------ -—--—---------- .............-
Description Qualitative fecal parasite exam.
Specimen 3-5 g fresh feces
Sampling Requirements Fresh samples provide the most accurate results.
----------------------
Collection Container Plastic leak-proof container
..........
Packing Instructions Ship with cold packs. Express air from the container to maintain moistness.Eggs can hatch
in fecal samples that are allowed to warm.
Special Instructions Testing performed by TAM U VTH Parasitology Dept., Dr.Tom Craig in College Station,
Texas.
---------- ----------—---__-.--1-----——-----
Price $11.00
Schedule Lab Schedule Turnaround time
—------------ ....................__..............
Amarillo Monday,Tuesday,Wednesday,Thursday, Friday 1-2 days
----------------------
College Station Monday,Tuesday,Wednesday,Thursday,Friday 1-2 days
RFP No . 17-0060, Texas A& M Veterinary Medical Diagnostic Laboratory
Page Ill
.......... ---------------
TEST 11: Anticoagulants
----------
Section Toxicology
-----------
Species Bovine,Canine,Caprine,Cervid, Equine, Feline,Ovine, Porcine, Rodent
----------- —----------------- ---
Description This test is used to detect and quantify anticoagulant rodenticides that includes Warfarin,
Bromadlolone, Brodifacourn, Diphacinone,Ch lorophaci none,and Difethialone
--------------------------- —----------.---------------------
Specimen One or more of the following:2.0 mL EDTA blood, 2.0 mL serum, 10 g fresh liver,10 g bait
-------------------------- ---------------------- ........................._.- ..__--..... ...... .... ._......__-...____-
Sampling
.......Sampling Requirements Purple top tube, red top tube,chilled liver,not in formalin
—---------------
Collection Container Leak-proof plastic container or plastic bag,plastic or glass blood tube
------------------
Packing Instructions Label all samples.Ship overinight with cold packs.
------------------------------
Special Instructions Bait samples can take up to 7 business days due to the waxes present in the sample.
.......... ------ ...........—------------- ---..._..-
Price
----------
Price $85.00
Schedule Lab Schedule Turnaround time
College Station Monday,Tuesday,Wednesday,Thursday, Friday 2-7 days
RFP No . 17 -0060, Texas A& M Veterinary Medical Diagnostic Laboratory
Page 112
TEST 12: Flourescent Antibody Test(FA-Fresh)
-----------
Section Virology
----------- -------
Description This testis a follow-up test requested by the client after histopathology services have been performed.
Price $18.50
.................
Additional Charges:
Accession Fee: $6.00(on each accession or case submitted)
Other Charges,as requested by client:
Specimen Forwarding Fee:$10.00
Legal Processing:$150.00
Outside Lab Fee-Vet School Radiology:$115.00
Outside Lab Fee—Various:$55.00
A complete listing of all fees can be found at our website:
http://tvmdl.tamu.edu/testing-information/2016-tvmdl-fee-schedule/
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company: Texas A&M Veterinary Medical Diagnostic Laboratory
Legal Address: 1 Sippel Road,TAMU 4471
College Station,TX 77843-4471
Services to be provided: Perform testing for specimens that are sent to a laboratory for deceased
animals.
Auditor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation
set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Vendor.
1. Name: Vr. Scidd
Position: C ki e4 RPA04AI OJT-jt-eR
'2�
Siga-aTwle
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Signature of President/ O -
Other Title: DAr«1r, CS01i br.brace l�key
Date: of 11 q l 101 7
Professional Services Agreement—Exhibit C