HomeMy WebLinkAboutContract 50556 CITY SECRETARY
a CONTRACT NO.�S2
PROFESSIONAL SERVICES AGREEMENT
Bode Cellmark Forensics,Inc.
Thi�,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 Bode
Cellmark Forensics, Inc., ("Contractor" or "Vendor"), a Delaware corporation, and a subsidiary of
Laboratory Corporation of America Holdings ("LabCorp"), acting by and through Mike Cariola, its duly
authorized General Manager, 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 renewal 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 Ten Thousand and
00/100 Dollars ($10,000.00). 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.
OFFICIAL RECORD
CITY 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.
4.3.1 Notwithstanding the foregoing Contractor shall not be required to destroy or delete copies
that have become embedded in its electronic storage systems through routine backup processes.
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 promptly 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 mutually agreed
to by the parties relating to this Contract. Contractor agrees that City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work
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space in order to conduct audits in compliance with the provisions of this section. City shall give
Contractor reasonable advance written notice of intended audits.
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,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL THIRD PARTY 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
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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
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:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
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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:
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)
$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) Notice of cancellation or reduction in limits of coverage shall be provided to
City.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
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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 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 Bode Cellmark Forensics, Inc.
Attn: Valerie Washington,Assistant City Manager Attn: Mike Cariola,General Manager
200 Texas Street 10430 Furnace Road, Suite 107
Fort Worth,TX 76102-6314 Lorton,Virginia 22079
Facsimile: (817) 392-8654 Facsimile: (703) 646-9741
With copy to Fort Worth City Attorney's Office at same address.
With a copy to the Contractor's Law Department at Laboratory Corporation of America Holdings,
531 South Spring Street,2nd Floor,Burlington,NC 27215 Attention Law Department
14. SOLICITATION OF EMPLOYEES.
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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
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.
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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.
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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). 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
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.
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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:
B
By: :
Y
Name: 7vs Name: Mike Cariola
Assistant City Manager Title: General Manager
Date: :i>'-p?'�t. (g Date: /(C
APPROVAL RECOMMENDED:
ATTEST:
By: L (l
Stc Nam : Joel F.Fitzgerald,PhD By:
Title: Chief of Police
Title:
ATTEST:
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By. )/,y
f _
Ci S creta
CONTRACT COMPLIANCE M ERX
By signing I acknowledge that I am the p
responsible for the monitoring and administra
of this contract, including ensuring all performance
and reporting requirements.
By:
Name: Michael Ward
Title: Forensic Division Manager
APPROVED AS TO FORM AND LEGALITY:
By: j044-1
Name: Matt Murray
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
LOFFICIAL RECORD
Contract for DNA Testing CRETARYBode Cellmark Forensics,Inc. RTH,TX
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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(Biology Unit) (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 othercases;
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
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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
EZI.
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-1D X software.
2.8 The Contractor lab shall consume all biological evidence o n 1 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 ix (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
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Bode Cellmark Forensics,Inc.
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with the Scientific Working Group on DNA Analysis Methods (SWGDAM)
recommendations.
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. 18-20
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.
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reagent blank, positive amplification control, and negative amplification
control)must also be included;
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 (SIR)-Short Tandem Repeat
7.13 (SWGDAM)—Scientific Working Group on DNA Analysis Methods
7.14 (Y-STR)-Y-chromosome Short Tandem Repeat
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EXHIBIT B
COST SCHEDULE
Test Standard STRs YSTRs Unit
Serology only(nothing suitable for DNA
testing) $345 per sample
Serology and Short Tandem Repeat(STR)
or Y-chromosome Short Tandem Repeat
(Y-STR)DNA testing cost per sample
(including all appropriate controls):
Evidentiary sample(e.g. contact DNA,
blood, saliva); $595 $695 per sample
Sample requiring differential
extraction; $695 $795 per sample
Reference(known) sample; $395 $395 per sample
STR or Y-STR cost for testing a previously
extracted sample(with reagent blank) $595 $695* per sample
Discontinuing processing after quantitation $295 $295 per sample
Rush testing
5 business days $1150 $1450 add per sample
10 business days $1050 $1350 add per sample
15 business days $950 $1250 add per sample
$900 per day per expert
Testimony Cost witness,plus lodging,meals
and travel expenses
* $345 if sample was initially processed for STRs and subsequent Y-STR is requested on the Bode Cellmark
extract.
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EXHIBIT C
QUALIFICATIONS & REFERENCES SHEET
Agency: United States Attorney's Office
Address: 555 Fourth St.NW,Washington D.C. 20530
Contact Name: Mike Ambrosino, Special Counsel
Telephone Number: (202)252-6607
Email Address: michael.ambrosinona,usdoj.com
Services provided: Custom forensic casework processing including case assessments, specialized
laboratory techniques,rush turnaround times, and expert witness services.
Agency: Montgomery County Police Department
Address: 100 Edison Park Drive, 5th Floor,Gaithersburg, MD 20878
Contact Name: Jennifer Breaux, Technical Leader
Telephone Number: (240)773-51.34
Email Address: Jennifer.Breaux(a,montgomerycountMd.gov
Services provided: Outsourced backlog and cold case forensic casework for autosomal DNA
analysis: types of cases include property crimes, sexual assaults, homicides, and criminal paternity. Since
2008, Bode has completed approximately 350 cases including approximately 70 cold cases from 1970 to
2002. Of the first 53 cold cases, 43 yielded a suspect profile and 20 CODIS hits to help solve several
serial rapes.
Agency: Miami-Dade Police Department
Address: 9105 NW 25th Street Room, 2161,Miami, FL 33172
Contact Name: Stephanie Stoiloff, Sr. Bureau Commander
Telephone Number: (305)471-3037
Email Address: slstoiloff(&`pd.com
Services provided: Outsourced forensic casework for autosomal STR analysis. Bode has been in a
partnership with Miami-Dade Police Department since 2003 to aid in backlog reduction including cold
case processing. Since 2010,Bode has processed approximately 675 cold cases for MDPD dating from
the 1970's to the early 2000s.
Agency name: Los Angeles Police Department
Address: 1800 Paseo Rancho Castilla, Los Angeles, California 90032
Contact Name: Jeff Thompson, Laboratory Director
Telephone: (323)415-8115
Email Address: N2769Alapd.lacity.org
Services Provided: Forensic casework for DNA analysis: types of cases include cold cases, sexual
assaults and homicides. Bode is currently conducting DNA analysis on backlogged sexual assault kits. In
addition, Bode is providing rush services, including Y-STR's and 10 day turnaround, for current
customized casework. To date, approximately 9,000 cases have been completed.
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EXHIBIT C,continued
American Society of Crime Laboratory Directors
Laboratory Accreditation Guard
dclu,rr m u6'1fd realest uJ"•zt•ra/i,7uJNce undt/ir[:m.,iia:e!i•
menng•nr•n/.and—finf nrep•mtions ojt@•
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Certificate of Accreditation
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`�a �� ASCU)•/LAI)-Arfernnllnnu!I'1ro1;rR[n curresI N'd w
Cerli/lents Number
SCOPE of ACCREDITATION ALI-231-T
Noma and Addt•ess of Accredited t.aboratory Laboratory Contact Info rotation
The Dodc T'ochnology Ciroup,Inc. Amy Jeanguanat,Luboratory Ditoctor
11odc'1'ochnology-Virginia Laboratory Ph...: (703)646-9745
10430 Furnace Road,Suite 107 Fax: (703)646-9741
l..om.n,Virginia 22079 E-Mail; Amy.Jomngucnat{djbodctcch.com
The beget eat and technical operations of this laboratory w m assessed and f unci toe nrorut with lStl/lIKC
17025:2003,the ASCLD/1.AINnrernnl/w,n/Supplmm�n hal lieyulrmman to for Tea tinRrLa bora toriva(2611),and
all othor—qui,- na. a of the ASCLD/LAB-Dn ,•na,/ono/program. The laboratory wan fund to be competent end
redited in the following area(s):
Field of Acct•edita tion CatogoNcs of Tnat)ng:
F—nsia Se ianco"resting 3.1 DNA-Noel-
3.2 DNA-Mitochondrial
DlsciFlina(n) 3.3 Body Fluid Idendfiention
3.4 Individ.ral ChormateNetic Dalabam
3.0 Biology
Cualumera Served: Tho Bode'1'ochnology Uroup,Inc.,VirVinia Laboratory,is a privet.laboratory that p—ldns
rvloo and asaiatnncn to Imw enfurcnrnent aganois.and other oustonn.rs. Thera are no 11—Umphle boundaries to the
rvice arca M the laboratory.
Acp•editatian Dates
Dote laauad:July 26,2012
Data P—plroat July 25.2017
Data Lest Updated: No Update. ,Nounar,Froamm Manugar
ASCLD/LA13-MI—Hoon/ 1•.ra•l of 1
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EXHIBIT C,continued
I
TEXAS FORENSIC
" SCIENCE COMMISSION f
justice Through Science
1700 North Congress Ave.,Suite 445
Austin,Texas 78701
September 14,2015
Dr.Amy Jeanguenat
The Bode Technology Group,Inc.
10430 Furnace Road,Suite 107
Lorton,VA 22079
RE:Accreditation Certificate(Enclosed)and Accreditation Point of Contact
Dear Dr.Jeanguenat:
Enclosed please find a certificate from the Texas Forensic Science Commission
describing your accreditation status under Texas law effective September 1,2015. You
will note this is a similar certificate to the certificate of accreditation previously issued by
the Texas Department of Public Safety("DPS").
The Commission has obtained the information in the attached certificate from DPS,but
we are still in the process of transferting historical accreditation-related documents for
each laboratory to the Commission. Therefore,if any of the information is inaccurate or
requires updating,please let us know as soon as possible so we may ensure current and
accurate information in our records.
i
i
I Please note you are currently listed as the Accreditation Point of Contact for your
laboratory. If you are not the Accreditation Point of Contact or would like to appoint a
different Accreditation Point of Contact for future accreditation-related communications
with the Commission, please email the information to Leigh Tomlin at
leigh(@fsc.texas.gov.
The Commission has updated its website to provide information on the Accreditation
Program, including a specific tab with detailed information. The section has two PDF
tabs:one for"Labs Inside of Texas"and another"Labs Outside of Texas." We will be
updating information contained in the PDF links once per week until we are able to
generate a function on the website that allows the public to search by laboratory,forensic
discipline, type of laboratory (federal, state, county, city, private) and location (city,
state). The searchable database project is currently in development,so please continue to
check the website for updates as we move forward.
i
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EXHIBIT C, continued
We appreciate your patience during the transition of the Accreditation Program from DPS
to the Commission. If you have any questions,comments or suggestions,please contact
Leigh Tomlin at leigh(alfsc.texas.gov.
'Sincerely,
Vincent J.Di Ma'
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EXHIBIT C, continued
� - TEXAS FORENSIC
SCIENCE COMMISSION
JusticeThrough Silence
1700 North Congress Aim.,Suite 445
Austin,Texas 78701
September 14,2015
i
Dr.Amy Jeanguenat
The Bode Technology Group,Inc.
10430 Furnace Road,Suite 107
Lorton,VA 22079
RE: Application for Texas Forensic Science_Commission Accreditation under Title 37,
Texas Administrative Code,Chapter 651.
Dear Dr.Jeanguenat:
With some exceptions, the Texas Code of Criminal Procedure, Article 38.35, requires
Texas Forensic Science Commission(FSC)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 Texas Forensic Science Commission Presiding Officer, I have
considered your application based on your national accreditation from ASCLD/LAB and
grant full FSC Accreditation to The Bode Technology Group, Inc. for the following
disciplines:
BivlogylDNA
The term of ASCLD/LAB accreditation is from 7/26/2012 to 7/25/2017 unless they have
extended their accreditation as part of a routine renewal process. The term of FSC
accreditation is from 9/1/2015 until such time that the accreditation from
ASCLD/LAB is no longer current.
FSC accreditation is contingent upon compliance with Title 37, Texas Administrative
Code, Chapter 651, including requirements of reporting correspondence, reports or
communication between the laboratory and the accrediting body. FSC accreditation will
be automatically rescinded at the same date and time as ASCLD/LAB withdraws your
laboratory accreditation.
Sincer y,��
Leigh omlin
FSC Accreditation Program Administrator
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EXHIBIT D
SIGNATURE VERIFICATION FORM
Full Legal Name of Company: Bode Cellmark Forensics,Inc.
Legal Address: 10430 Furnace Road, Suite 107, Lorton,Virginia 22079
Services to be provided: DNA Testing
BODE CELLMARK FORENSICS,INC.
OFFICIAL LIST OF AUTHORIZED SIGNERS
Officers:
F.Samuel Eberts III President and Secretary
Glenn A.Eisenberg Executive Vice President and Treasurer
Sandra D.van der Wart Assistant Secretary
Additional Authorized Signers:The following persons are authorized and empowered to execute contracts as an Authorized Signer.
James T.Boyle,Jr. Authorized Signer
Michael Cariola Authorized Signer
James P.Whelan Authorized Signer(managed care/payor agreements)
Eric Lindblom Authorized Signer
Angie Miller Authorized Signer
George Maha Authorized Signer
Dane Plaza Authorized Signer(governmental contracts requiring security clearance)
1,F.Samuel Eberts R Secretary of Bode Cellmark Forensics,Inc.("Company'),a corporation organized and existing under the laws of Delaware,and
a subsidiary of Laboratory Corporation of America Holdings(%abCorp'j do hereby certify that this is the Official List of Authorized Signers which
names the individuals authorized to sign agreements on behalf of Company,in accordance with the LabCorp Contract Review Policy applicable to
LabCorp and its subsidiaries,as authorized in a resolution adopted by LabCorp's Board of Directors on September 20,1995 and subsequently amended
on February 23,2005("Resolution').I do furdter certify that said Resolution has not been altered or amended and remains in full force and effect as of
this date.
Additionally,I do hereby certify that the Official List of Authorized Signers authorizes the above named individuals to sign government bids;contracts,
awards and bonds on behalf of Company,unless specifically noted above,in accordance with the Resolution.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the Company this X44Y of February,ry,2016.
BODE CELLMARK FORENSICS,INC.
SEAL
j \ F.Samuel Eberts fI1 Secretary
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