HomeMy WebLinkAboutContract 52690 CSC No.52690
VENDOR SERVICES AGREEMENT
Armstrong Forensic Laboratory, Inc.
This VENDOR 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 Jesus J. Chapa, its duly authorized Assistant City Manager, and Armstrong !`orensic
Laboratory, Inc. ("Vendor'), a Texas Corporation, and acting by and through Benjamin Armstrong, its
duly authorized President, 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 Vendor Set-vices Agreement;
2, Exhibit A —Scope of Services;
3. Exhibit B— Price Schedule; and
4. Exhibit C—Verification of Signature Authority Form.
Exhibits A, 13 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 shall provide lab analysis of controlled substances, including the identification and
concentration of THC (tetrahydroeannabinol), for the City of Fort Worth (City) Police Department
(FWPD). When required, the vendor shall provide consultation and testimony services. Exhibit "A",
Scope of Services, more specifically describes the services to be provided hereunder.
2. TERM.
This Agreement shall begin on September 1, 2019 ("Effective Date") and shall expire on August
31, 2020 ("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 Vendor in accordance with the fee schedule of Vendor personnel who perform
services under this Agreement in accordance with the provisions of this Agreement and Exhibit "B," —
Price Schedule. Total payment made under this Agreement by City shall be in an amount not to exceed
twenty five thousand Dollars ($25,000.00) per year. Vendor shall not perform any additional services
or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in
Armstrong Forensic Laboratory, Inc. OFFICIAL RECORD
Vendor Services Agreement CITY SECRET Yo 17
FT. VlJORTHIP
writing the additional costs for such services. City shall not be liable for any additional cxpc uses of
Vendor not specified by this Agreement unless City first approves such C\pCihSeS in writing.
4. TERMINATION.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and ibr any
reason by providing the other party with 30 days' written notice ofternlination,
4.2 Nan-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 appropriatiot is 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 Vcndor 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,
Vcndor 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 (a)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
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working
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hours to all necessary Vendor facilities and shall be provided adequate and appropriate work sg,ace in
order to conduct audits in compliance with the provisions of this section. City shall give -Vendor
reasonable advance notice of intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Vendor shall operate as an independent contractaar 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 Agrerement,
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 respondeal superior shall not apply as aetween
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 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 VENDOR, ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS
AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATIl,
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 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
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settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agn-ces to
cooperate with Vendor in doing so. In the event City, for whatever reason, assunszes 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, 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 rehMing thereto. Notwithstandiait; the
foregoing, City's assumption of payment of costs or expenses sliall not eliminate Vendor's cluty 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. ;end/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 gnd/or documentation with cy wally
suitable,compatible, and functionally equivalent non-infringin software and/or documentation at
no additional charge to City; or(d) if none of the foregoing alternatives is reasonably avail able 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
types and 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 comb
1ned single limit basis
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Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"shall be any vehicle owned, hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or arty other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease; policy limit
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 team 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- V11 in the
current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the pall 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.
IL 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,
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ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules
or regulations, Vendor shall immediately desist fi-om and correct the; violation.
12. NON-DISCRIMINATION COVENANT.
Vendor, for itself, its personal representatives, assigns, subVendors and successors in intesrest, as
part of the consideration herein, agrees that in the performance of Vendor's duties and obli gations
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 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 requircd pursuant to the provisions of this Agreement shall be conclusively deternn ined 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, r0urn receipt requested, addressed as
follows:
To CITY: To VENDOR:
City of Fort Worth Armstrong Forensic Laboratory, Inc.
Attn: Jesus J. Chapa, Assistant City Manager Benjamin An'nstrong, President
200 Texas Street 330 Loch'n Green Trail
Fort Worth,TX 76102-6314 Arlington, Texas 76012
Facsimile: (817)392-8654 (817) 275 -2691 (Office)
(817)275 - 1883 (Fax)
With copy to Fort Worth City Attorney's Office at
same address
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.
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The failure of City or Vendor to insist upon the performance of any terrn or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or V-endor'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 obligati ons 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.
l leadings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this
Agreement.
21. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A, B,
and C.
22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.
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
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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 shalll together constitute one and th-; same
instrument.
25. WARRANTY OF SERVICES.
Vendor warrants that its services will be of a high 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 Vendor's option, Vendor shall either (a)
use commercially reasonable efforts to re-perform the services in a manner that conforms 4Vith the
warranty,or(b)refund the fees paid by City to Vendor for the nonconforming services.
26. IMMIGRATION NATIONALITY ACT.
Vendor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon
request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work wider this Agreement. Vendor 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 Vendor employee who is not legally eligible to perform such services. VENDOR
SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR,
VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written
notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this
provision by Vendor.
27. OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
docwttentation, created, published, displayed, and/or produced in conjunction with the services provided
under this Agreement (collectively, "Work Product"). 1'urther, 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 further consideration, free from any
claim, lien for balance due, or rights of retention thereto on the part of City.
28. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party, and that such binding authority has been granted by
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proper order, resolution, ordinance or other authorization of the entity. This Agreement amid any
amendment hereto, play be executed by any authorized representative of Vendor whose name, title and
signature is affixed on the Verification of Signature Authority Fornl, which is attached hereto as Exhibit
"C". Each party is fully entitled to rely on these warranties and representations in entering irIto 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 Ve►-ido►' 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 all
executed merger or acquisition agreement. Failure to provide the specified documentation so may
adversely impact future invoice payments.
30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Vendor has fewer than 10 employees or the Agreement is for less than $100,000, this section
13 does not apply. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, 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 sigitiiig this
Addentltatr, Vetrrlor certifies that Vendor's signature provitles written verification to City that Metrdor:
(1) does not boycott Israel; and(2) ►vill not boycott Israel during lire term of the Agreement.
IN WITNESS `W"IIE REOF, the parties hereto have executed this Agreement in multiples this
1:7 day of _ 2019.
(signatrtre page follows)
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ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
1 �y responsible for toe monitoring and administration yr
By: Jesus J.chapa(Aug 26, 019) this contract, including ensuring all performance aind
Name:Jesus J.Chapa
reporting requirements.
Title:Assistant City Manager
Michael S. ward
By: Michael S.Ward(Aug 21,2019)
Date: Name: Michael Ward
APPROVAL RECOMMENDED: Title: Forensic Manager
APPROVED AS TO FORM AND
LEGALITY:
Edwin Kraus(Aug 21,2019)
By:
Name: Edwin Kraus f R T LLI
Title: Chief of Polic � Matt Murray(Aug 26,201
�: Name: Matt Murray
ATTEST: Title: Assistant City Attorney
U;
�+ *_•.� ' * ONTRACT AUTHORIZATION:
RonaldP.Gonzales(Aug26, ) M&C: Not Applicable
By: `..
Name: Mary J. Kayser
Title: City Secretary
VENDOR:
Arms rona F?Tensi4 6-tMory' Inc. ATTEST:
By: .�---
Name:/ Benja in Arms rung By:
Title: Preside t Name:
Title:
Date:
Armstrong Forensic Laboratory, Inc. FMAL RECORD
Vendor Services Agreement CITY SECROCWTAK 17
FT.WORTH,TX
EXHIBIT A
SCOPE, OF SE11VICCS
Artnstrong Forensic Laboratory, Inc.
OVERVIrw
Armstrong's project specific scope of service under this contract includes:
• Project Specific COC(Chain of Custody)as required;
• Evidence transport,as requested;
• Evidence receipt and confirmation of information;
• Photographic documentation of controlled substance evidence upon receipt at laboratory;
• Examination of evidence indicated for analysis;
• identification and selection of samples and sub-samples;
• Initial and final weight of evidence,as appropriate;
• Appropriate and necessary analyses for controlled substance is based on characteristics of
evidence,including but not limited to:
■ FTIR(Fourier-transform infrared spectroscopy);
■ Qualitative GC/MS(Gas chromatography—mass spectrometry);
■ Microscopical Examination(s);
■ Spot Test(s).
Analyses will conform to ASTM (American Society for Testing and Materials) or
SWGDrug(Scientific Working Group for Analysis of Seized Drugs)Q standards and
guidelines as appropriate.
• Blood alcohol concentration is performed by GC-FID(Gas Chromatography- Flame
Ionization Detector)on a specialized piece of equipment, an Agilent 6890 Series GC Flex AutoSampler,
• Court-ready Laboratory Analytical Report;
• Affidavit of Analysis as requested; and
• Secure,temporary evidence storage pending return shipment or transport.
Armstrong will perform the appropriate testing as described in the Scientific Working Group for Analysis of
Seized Drugs (SWGDrug) Recommendations for Code of Professional Practice; Education and 'training;
Methods of Analysis; and Quality Assurance and/or ASTM Standard Methods/Practices. Unless otherwise
noted, Armstrong will analyze only those items of evidence that are not considered extraneous items or
paraphernalia.Only the physical material (solid or liquid)that would comprise the controlled substance will be
analyzed. Unless otherwise allowed, sub-samples will be established in accordance with standard operating
procedures.
For bulk submissions that exceed thirty(30) individual units, Armstrong will release Final laboratory reports in
smaller groups as case files are completed. That is, Armstrong will not hold reports for individual arrest cases
pending cornpletion of other laboratory work.
EVIDENCE REVIEW AND CONFIRMATION OF CASE INFORMATION
Upon formal evidence receipt, the evidence is placed in the custody of a qualified ANAB (ANSI Nattional
Accreditation Board; ANSI- American National Standards Institute) Analyst for initial processing prior
to analysis. The evidence and related administrative documentation are again compared against the COC to verify
all information. Where discrepancies between the information (physical evidence, evidence labeling, "d the
COC) are identified the Fort Worth PD will be contacted for resolution. Any changes made should be intitialed
and dated by the Fort Worth PD and a corrected COC resubmitted to Armstrong.
Armstrong's SOP related to Forensic Recovery (FR) case work, such as evidence submitted by the Fort Worth
PD, require that the evidcace and all related information be handled based on the presumption that the
information and data generated by the laboratory will be presented in court. Given the variability of the pxojects
that may be submitted for Forensic Recovery,the handling of the evidence upon check-in must be considered on a
case-by-case basis and must always maintain the integrity of the evidence submitted. Many of these samples may
require special examination, photographic documentation, and/or individual analytical assignment. After the
submitted documentation (including the COC) is examined for completeness and a case file number is assigned,
these samples are moved to a separate,secured evidence area until processing is begun.
REPORT FORNIAT AND AFFIDAVIT OF ANALYSIS
Armstrong's Forensic Recovery Reports are generated by the consulting staff under the direction of the Vice
President of Services and are processed under the direction of the Office Manager. Forensic Recovery Reports are
issued for forensic case work designated as case type FR.
In accordance with Armstrong's SOPs and ANAB requirements, the Consultant(s) (ANAB Teehnical
Reviewer/Analysts) responsible for the Case File will oversee report creation and submission. The Consultant
may conduct, participate in, observe or supervise any tests, or will complete and document a review of all test
documentation prior to preparing the final report. The responsible Consultant will document the review by
initialing and dating each page of the data reviewed or a Document Review Cover Sheet identifying the data
produced and reviewed that forms the basis of the conclusion(s)reached.
Any opinions and interpretations included in the report will be clearly identified and the basis upon which those
opinions and interpretations are made will be documented. if no definitive conclusions can be reached, the
reason(s)will be documented.
The final report will contain the following information,at a minimum:
• Date the report is issued;
• Name, address,and phone number of the Laboratory;
• Name and address of the Client;
• Name of Evidence Submitter;
• Name of all parties receiving a copy of the report;
• Page number and total number of pages of the report on each page;
• Name,title,and signature of the Analyst and/or Technical Reviewer;
• Unique Laboratory Case File identification number on every page;
• Description and identification of the samples and date(s) received by the laboratory, including the laboratory's
unique identifier;
• identification of the test method(s),the sample results,and conclusions;
• 'rhe condition/acceptability of the samples;
• Identification of the test method, analytical results, and reporting Iimit (if results are quantitated):
• Where relevant, a statement to the effect that the results relate only to the items tested; and
• Name,title,and signature of signatories accepting technical responsibility for the Report and of the analysis, "rile
Technical Reviewer is considered the Primary Signatory and the Analyst is the Second Signatory.
In addition, where necessary for the interpretation of the analytical results, the report will include:
• Date of analysis;
• Deviations from, additions to, or exclusions from the test method, and information on specific test
conditions, such as environmental conditions;
• A statement of compliance/non-corpliance with requirements and/or specifications,
• if applicable,a statement on the estimated uncertainty of measurement, if relevant to the validity or
application of the test results, when requested by the Client,or when the uncertainty affects compliance to a
specification limit;
• Where appropriate and needed,opinions and interpretations, and
• Additional information required by the analytical method or by the Client.
If provided by the Client, and necessary for the interpretation of the test results, the report will include the
following:
• Date of sample collection;
• An unambiguous identification of the substance,material or product sampled(including
manufacturer, model or type designation,and serial number),
• The sample location, including diagrams,sketches or photographs;
• A reference to the sampling plans and sampling procedures used; and
• Standards or specifications for the sampling method or procedure and deviations, additions or
exclusions from the standards or specifications.
All laboratory reports are stored electronically and the final report is printed on letterhead paper. Only one original
is generated unless otherwise requested by the Fort Worth PD. The Office Manager, Vice President of Services,
President, or designated qualified office personnel will review all Forensic Recovery Reports as the
Administrative Reviewer. All signatories will have reviewed the final report prior to signing in blue ink. Final
reports issued to the Client via electronic delivery methods (email, facsimile, etc.) and/or mailed by U.S. Postal
Service are considered final reports. If a determination is made that a report that has been issued in the U.S. Postal
Service should be modified or amended, it will only be reissued with a notation at the top of the report as
"Amended". There will be an "Amended Report Tracking" table inserted at the end of the report and before the
signature block noting the specifics related to any revision. To the extent possible, all signatures included on the
original report will be included with the amended report.
Armstrong shall, where standard report format does not already, incorporate any requirements and
recommendations for Final Reports as required,which may include:
• Title: Nance of lab performing analysis;
• Date received by analyzing lab;
• Defendant(s)Name;
• Date of Offense;
• Offense Number;
• Findings: name(s) of controlled substance identified as listed in the Texas Controlled Substance Act;
• Net weight of sample; and
• Name of Analyst.
An Affidavit of Analysis is available for each case file upon request.
EXHIBIT B
PRICE SCHEDULE
Armstrong Forensic Laboratory,Inc.
Table, 2: Coqt,of Services
Line
Item Description of Service Proposal Rimte
Controlled Substance Identification and Blood Alcohol Analysis and Related Services
1A Controlled Substances Full Scan(Note 1): $75.00/Unaii
1B Add'tl Component(s) Reported, Same Sample $50.00/
(Note 2) Add'tI Cnipnt
1C Quantitation of Component $75.00/Unit
2 THC Identification and Quantitation $90.00/Uiut
3 Blood Alcohol Analysis $90.00/Unut
4 Affidavit of Laboratory Analysis:On Request $100.00/Case
5 Evidence Storage(6 mos.):Chi Request $75.00/ Case
Evidence Photo Documentation:Controlled
6 No Ch
Substance ar e
7 Evidence Pickup and Return $45.00/Case
Consulting Services
8 Andrew T.Armstrong,Ph.D., C.P.0(ALL)
8a Consultation,Travel,Phone and Standbv $265.00/ Hr
8b Court Presentation and Deposition $365.00/ Hr
8c Video Deposition $465.00/ Hr
9 Kelly Wouters,Ph.D. (ALL)
9a Consultation,Travel,Phone and Standby $235.00/ Hr
9b Court Presentation and Deposition $335.00/Hr
9c Video Deposition $435.00/ Hr
Armstrong Forensic Laboratory, Inc.
Vendor Services Agreement Page 15 of 17
Table 2: Cos(of Set-vices-
Line
Item Description of Service Proposal Itate
10 Karen Deiss, BS(Controlled Substance)
10a Consultation,Travel, Phone mid Standby 5200.00/ Hr
10b Court Presentation and Deposition 5300.00/ Hr
10c Video Deposition 5400.00/ Hr
Other Services
11 Tecluaiciaii(Ili-liouse or Field) $95.00/ Hr
12 Video Taping and Production �— — — - $95.00/ Hr
13 Computer Services(e.g. CAD,database search) — — $95.00/ I-•
14 Fa...._ax'Fransumissiora No Charge
_15_.._.._.Mile.ige $0.70/ Mile _..
16 Expenses Related to'Fravel 117C
17 Event Charge(Note 4): Cost/Person/4-hr event $200.00
Note Controlled Subst.umce Full Scmi represents a full analysis (inclmt(iing Weight)and report of the Prill ut°
1 controlled substulce in the item or sub-sample.
Quvititative results(purity)are not included. Depending on the imunmber of different units submitted as
a single item,Multiple sub-samples nm Y be required fora complete analysis.
Armstrong maintains a libriu-t•of reference stand.uds includingimuumerous synthetic chugs.
It a submitted sample contains a controlled subst.umce not already included in Arnistrong's libraies,the
pmuvhase of a reterence stand. -d mtav be necess.u•Y to confirm$e identification.
In the event that additional cost is necessaiv,Armstrong will ccnmtact the Client for approval.
Note Additional Component: considered to nteanm<umv otlmer poteimtiuli,sigmificvmt.umal%le identified mvitlmiim
2 the results;controlled or non-controlled by the State of Texas.
Note PTC=Pass 7lu•ough Cost
3
Note Event Cliuges nmav lv incurred wimerm Ar7mmstrormg is requested to provide sei-%,ices that require efforts
4 beyond the scope of its standard work-shift.(.%lon.- Fri.,7a.mm.- p.m.)
Armstrong Forensic Laboratory, Inc.
Vendor Services Agreement Page 16 of 17
EXHIBIT C
VERIFICATION OF SIGNATURE AUTHORITY
ARMSTRONG FORENSIC LABORATORY, INC.
330 LOCH'N GREEN TRAIL
ARLINGTON,TEXAS 76012
(817) 275-2691
Vendor 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, amenclrrtent 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: )`�„2nay�tnrv+b
re
O
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
me:
Signature of Pre de t/CEO
Other Title:
Date: 1 '7
Armstrong Forensic Laboratory, Inc.
Vendor Services Agreement Page 17 of 17