HomeMy WebLinkAboutContract 41819 (2)g
CITY SECRETARY
CONTRACT WO.J1
SOLE -SOURCE PURCHASE AGREEMENT BETWEEN
APPLIED BIOSYSTEMS, L.L.C.
AND THE CITY OF FORT WORTH
this Agreement, entered into this dayof Vince 2011
� �
(the "Effective Date"), by and between the CITY OF FORT WORTH, a municipal
corporation of the State of Texas ("City"), acting by and through Karen L. Montgomery,
its duly authorized Assistant City Manager, and Applied Biosystems, L.L.C., acting by
and through Phillip Balough, its Senior Contract Specialist.
A. Parties
"Buyer" means and includes the City of Fort Worth, its representatives, officers,
agents, servants, employees, contractors, and subcontractors who act on behalf of various
City departments, bodies, or agencies.
"Seller" means and includes Applied Biosystems, L.L.C., and/or its officers,
directors, employees, agents, legal representatives, subsidiary organization, parent
organization, successors, assigns, predecessors, stockholders, administrators, related
companies, contractors, and subcontractors.
The Buyer and Seller are collectively referred to as the "Parties."
B. Recitals
WHEREAS, on July 17, 2007, (M&C G-15791) the Fort Worth City Council
authorized the Fort Worth City Manager to execute a contract for the acquisition of
certain property for use as a Crime Laboratory and Property/Evidence Facility located at
3616 East Lancaster, Fort Worth, Texas;
WHEREAS, on January 29, 2008, (M&C C-22641) the Fort Worth City Council
authorized the Fort Worth City Manager to transfer certain funds to design the renovation
of the Crime Laboratory and Property/Evidence Facility;
WHEREAS, on July 14, 2009, (M&C C-23650) the Fort Worth City Council
authorized the execution of a construction contract to renovate the Police Crime
Laboratory and Property/Evidence Facility;
WHEREAS, Buyer currently outsources its DNA testing to other laboratories for
analysis, which can cause delays in police investigations;
WHEREAS, Buyer wishes to establish its own DNA testing and analysis
laboratory to facilitate, among other things, a more efficient police investigation process;
Page 1 of 18
WHEREAS, Buyer wishes to purchase certain items, instruments, software, and
services to establish its own DNA testing and analysis laboratory;
WHEREAS, Seller is the documented soleesource provider of certain highly -
specialized items, instruments, software, and services for testing and analysis of
deoxyribonucleic acid (DNA);
WHEREAS, Buyer has agreed to purchase from Seller and Seller has agreed to
sell to Buyer certain items, instruments, software, and services in accordance with Quote
Number 20722177, attached hereto as Exhibit "A" and incorporated herein for all
purposes (the "Quote");
WHEREAS, Buyer and Seller wish to set out the terms and conditions of this
purchase.
C. Agreement
NOW THEREFORE, Buyer and Seller for and in consideration of the covenants
and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged,
agree as follows:
1.0 PURCHASE PRICE — Buyer and Seller acknowledge that the Quote has been
reviewed and agreed upon by both Parties to this Agreement as the basis for
executing this Agreement. Buyer agrees to pay Seller and Seller agrees to provide
the items, instruments, software, and services to Buyer in accordance with the
Quote and the terms of this Agreement. In no event shall Buyer pay more than
Four Hundred Forty Thousand Nine Hundred Sixty -Five Dollars and Sixty -Seven
Cents ($440,965.67) for the items, instruments, software, and services set forth in
the Quote.
2.0 PUBLIC INFORMATION - Any information submitted to the Buyer could be
requested by a member of the public under the Texas Public Information Act. See
TEx. Gov'T CODE ANN. § § 552.002, 552.128(c) (West Supp. 2006). If the Buyer
receives a request for a Seller's information, the Seller listed in the request will be
notified and given an opportunity to make arguments to the Texas Attorney
General's Office (the "AG") regarding reasons the Seller believes that its
information may not lawfully be released. If Seller does not make arguments or
the AG rejects the arguments Seller makes, Seller's information will be released.
3.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS - No
officer or employee of Buyer shall have a financial interest, direct or indirect, in
any contract with Buyer or be financially interested, directly or indirectly, in the
sale to Buyer of any land, materials, supplies or services, except on behalf of
Buyer as an officer or employee. Any willful violation of this section shall
constitute malfeasance in office, and any officer or employee found guilty thereof
Page 2 of 18
shall thereby forfeit his office or position. Any violation of this section with the
knowledge, expressed or implied, of the person or corporation contracting with
the City Council shall render the contract invalid by the City Manager or the City
Council. (Chapter XXVII, Section 16, City of Fort Worth Charter)
4.0 ORDERS
4.1 No employees of the Buyer or its officers, agents, servants, contractors,
and subcontractors who act on behalf of various City departments, bodies
or agencies are authorized to place orders for goods and services without
providing approved contract numbers, purchase order numbers, or release
numbers issued by the Buyer. The only exceptions are Purchasing Card
orders and bona fide emergencies. In the case of emergencies, the Buyer's
Purchasing Division will place such orders.
4.2 Acceptance of an order and delivery on the part of the Seller without an
approved contract number, purchase order number, or release number
issued by the Buyer may result in rejection of delivery, return of goods at
the Seller's cost and/or non-payment.
5.0 SELLER TO PACKAGE GOODS - Seller will package goods in accordance with
good commercial practice. Each shipping container, shall be clearly and
permanently marked as follows: (a) Seller's name and address: (b) Consignee's
name, address, and purchase order or purchase change order number; (c)
Container number and total number of container, e.g., box 1 of 4 boxes; and (d)
Number of the container bearing the packing slip. Seller shall bear the cost of
packaging unless otherwise provided. Goods shall be suitably packed to secure
the lowest transportation costs and to conform to requirements of common
carriers and any applicable specifications. Buyer's count or weight shall be final
and conclusive on shipments not accompanied by packing lists.
6.0 SHIPMENT UNDER RESERVATION PROHIBITED - Seller is not authorized
to ship the goods under reservation, and no tender of a bill of lading will operate
as a tender of goods.
7.0 TITLE AND RISK OF LOSS - The title and risk of loss of the goods shall not
pass to Buyer until Buyer actually receives and takes possession of the goods at
the point or points of delivery after inspection and acceptance of the goods.
8.0 DELIVERY TERMS AND TRANSPORTATION CHARGES — Freight terms
shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms
are specified otherwise in Seller's bid or quotation. Buyer agrees to reimburse
Seller for transportation costs in the amount specified in Seller's bid or quotation.
9.0 PLACE OF DELIVERY - The place of delivery shall be set forth in the "Ship to"
block of the purchase order, purchase change order, or release order.
Page 3 of 18
10.0 RIGHT OF INSPECTION - Buyer shall have the right to inspect the goods upon
delivery before accepting them. Seller shall be responsible for all charges for the
return to Seller of any goods rejected as being nonconforming under the
specifications. Notwithstanding anything to the contrary, however, final
acceptance of the goods shall be deemed to occur upon delivery and receipt of
undamaged goods conforming to the manufacturer's published specifications.
11.0 NVOICES
11.1 Seller shall submit separate a single invoice, with duplicates available
upon request, on each purchase order or purchase change order after each
delivery. Invoices shall indicate the purchase order or purchase change
order number. Invoices shall be itemized and transportation charges, if
any, shall be listed separately. Seller shall mail or deliver invoices to
Buyer's Department and address as set forth in the block of the purchase
order, purchase change order or release order entitled "Ship to." Payment
shall be made within 30 days after the Seller's invoice has been issued,
which issuance shall not occur until the date of final acceptance as defined
in section 10.0.
1 1.2 Seller shall not include Federal Excise, State, or City Sales Tax in its
invoices. The Buyer shall furnish a tax exemption certificate.
12.0 PRICE WARRANTY
12.1 The price to be paid by Buyer shall be that contained in the Quote, which
Seller warrants to be consistent with Seller's current prices on orders by
Seller's similarly situated customers for products of the kind and
specification covered by this agreement for similar quantities under like
conditions and methods of purchase.
12.2 Seller warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement or
understanding for commission, percentage, brokerage or contingent fee,
excepting bona fide employees of bona fide established commercial or
selling agency is maintained by Seller for the purpose of securing
business. For breach or violation of this warranty, Buyer shall have the
right, in addition to any other right or rights arising pursuant to said
purchase(s), to cancel this contract without liability and to deduct from the
contract price such commission percentage, brokerage or contingent fee,
or otherwise to recover the full amount thereof.
13.0 PRODUCT WARRANTY -Seller shall not limit or exclude any express or
implied warranties and any attempt to do so shall render this contract avoidable at
the option of Buyer. Seller warrants that the goods furnished will conform to the�-�?
GIS
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100%-
Page 4 of 18 �'�' 15SolitN,
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manufacturer's specifications, drawings and descriptions, and the sample(s)
furnished by Seller, if any. In the event of a conflict between Buyer's
specifications, drawings, and descriptions, Buyer's specifications shall govern.
14.0 SAFETY WARRANTY - Seller warrants that the product sold to Buyer shall
conform to the standards promulgated by the U.S. Department of Labor under the
Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event
the product does not conform to OSHA, standards, Buyer may return the product
for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correction within a reasonable time, any correction made by Buyer
will be at Seller's expense. Where no correction is or can be made Seller shall
refund all monies received for such goods with thirty (30) days after request is
made therefore and confirmed in writing: failure to do so shall constitute breach
and cause this contract to terminate immediately.
15.0 NO WARRANTY BY BUYER AGAINST INFRINGEMENTS OF PATENTS,
COPYRIGHTS OR TRADE SECRETS - As part of this contract for sale, Seller
agrees to ascertain whether goods manufactured in accordance with Buyer's
specifications will give rise to the rightful claim of any third person by way of
infringement or the like. Buyer makes no warranty that the production of goods
according to Buyer's specification will not give rise to such a claim and in no
event shall Buyer be liable to Seller for indemnification in the event that Seller is
sued on the grounds of infringement or the like, if Seller is of the opinion that an
infringement or the like will result, he will notify Buyer to this effect in writing
within two (2) weeks after execution of this Agreement, if Buyer does not receive
notice and is subsequently held liable for infringement of the like, Seller will
indemnify for the full dollar amount thereof. If Seller in good faith ascertains
within two (2) weeks after the execution of this Agreement that production of the
goods in accordance with Buyer's specification will result in infringement or the
like this contract shall be null and void except that Buyer will pay Seller the
reasonable cost of Seller's search as to infringement.
16.0 PROPRIETARY RIGHTS INDEMNIFICATION - SELLER
WARRANTIES THAT TO THE BEST OF ITS KNOWLEDGE
PURSUANT TO ITS EXERCISE OF DUE DILIGENCE, THE GOODS DO
NOT INFRINGE UPON OR VIOLATE ANY UNITED STATES PATENT,
COPYRIGHT, OR TRADE SECRET. IN ADDITION, SELLER WILL
DEFEND AT IT5 EXPENSE ANY ACTION AGAINST BUYER OR
BUYER AS LICENSEE TO THE EXTENT THAT IT IS BASED ON A
CLAIM THAT GOODS USED WITHIN THE SCOPE OF THE LICEl'dSE
HEREUNDER INFRINGE UPON A UNITED STATES PATENT,
COPRYIGHT OR TRADE SECRET, AND SELLER WILL PAY ANY
COSTS AND DAMAGES FINALLY AWARDED AGAINST BUYER OR
BUYER AS LICENSEE IN SUCH ACTIONS WHICH IS
ATTRIBUTEABLE TO SUCH CLAIM. SHOULD THE PRODUCTS
BECOME, OR IN SELLER'S OPINIOI+i BE LIKELY TO BECOME, THE Q
GQa
t
Page 5 of 18 �i` � ireirtit
SUBJECT OF ANY CLAIM OF INFRINGEMENT, SELLER SHALL
PROCURE FOR BUYER OR BUYER AS LICENSEE THE RIGHT TO
CONTINUE USING THE GOODS, REPLACE THEM OR MODIFY
THEM TO MAKE THEM NON -INFRINGING, OR IISCONSTOINUE
THE LICENSE OF THEM.
17.0 SOFTWARE LICENSE TO SELLER — If this purchase is for the license of
software products and/or services, and unless otherwise agreed, Seller hereby
grants to buyer a perpetual, irrevocable, non-exclusive, nontransferable, royalty
free license to use the software. The software is "proprietary" to Seller, and is
licensed and provided to the Buyer for its sole use for purposes under this
Agreement and any attached work orders or invoices. The City may not use or
share this software without permission of the Seller; however, Buyer may make
copies of the software expressly for backup purposes.
18.0 CANCELLATION e Buyer shall have the right to cancel this contract
immediately for default on all or any part of the undelivered portion of this
Agreement if Seller breaches any of the terms hereof, including warranties of
Seller, or if Seller files for bankruptcy. Such right of cancellation is in addition to
and not in lieu of any other remedies, which Buyer may have in law or equity.
19.0 'lERMINATION - The performance of work under this Agreement may be
terminated in whole or in part by Buyer, with or without cause, at any time prior
to shipment of the related goods, upon the delivery to Seller of a written "Notice
of Termination" specifying the extent to which performance of work under the
Agreement is terminated and the date upon which such termination becomes
effective. Such right of termination is in addition to and not in lieu of rights of
Buyer as set forth in clause 12, herein.
20.0
ASSIGNMENT - DELEGATION - No right, interest or obligation of Seller under
this contract shall be assigned or delegated without the written agreement of
Buyer' Purchasing Manager. Any attempted assignment or delegation of Seller
shall be wholly void and totally ineffective for all purposes unless made in
conformity with this paragraph.
21.0 WAIVER - No claim or right arising out of a breach of this Agreement can be
discharged in whole or in part by a waiver or renunciation of the claim or right
unless the waiver or renunciation is supported by consideration in writing and is
signed by the aggrieved party.
22.0 MODIFICATIONS - This Agreement can be modified or rescinded only by a
written agreement signed by both parties.
23.0
INTERPRETATION AND PRIOR EVIDENCE This writing is intended by the
parties as a final expression of their agreement and is intended also as a complete
and exclusive statement of the terms of their agreement. No course of prio Oat)
oft% �;1nCR
dealings between the parties and no usage of trade shall be relevant to supplement
or explain any term used in this agreement. Acceptance of or acquiescence in a
course of performance under this agreement shall not be relevant to determine the
meaning of this Agreement even thought the accepting or acquiescing party has
knowledge of the performance and opportunity for objection. Whenever a term
defined by the Uniform Commercial Code (UCC) is used in this agreement, the
definition contained in the UCC shall control.
24.0 APPLICABLE LAW - This agreement shall be governed by the Uniform
Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is
used. It shall be construed as meaning the Uniform Commercial Code as adopted
and amended in the State of Texas. Both parties agree that venue for any
litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas.
This contract shall be governed, construed and enforced under the laws of the
State of Texas.
25.0 INDEPENDENT CONTRACTOR - Seller shall operate hereunder as an
independent contractor and not as an officer, agent, servant or employee of Buyer.
Seller shall have exclusive control of, and the exclusive right to control, the
details of its operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees,
contractors and sub -contractors. The doctrine of respondent superior shall not
apply as between Buyer and Seller, its officers, agents, employees, contractors
and subcontractors. Nothing herein shall be construed as creating a partnership or
joint enterprise between Buyer and Seller, its officers, agents, employees,
contractors and subcontractors.
26.0 INDEMNIFICATION — SELLER COVENANTS AND AGREES TO, AND
DOES HEREBY, INDEMNIFY AND HOLD HARMLESS ANI) DEFEND
BUYER, ITS OFFICERS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL SUITS OR CLAIMS FOR DAMAGES OR INJURIES,
INCLUDING DEATH, TO ANY AND ALL PERSONS OR PROPERTY,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ANY NEGLIGENT ACT OR OMISSION ON THE
PART OF THE SELLER, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, OR SUBCONTRACTORS, AND SELLER DOES HEREBY
ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INJURIES,
CLAIMS OR SUITS FOR DAMAGES TO PERSONS OR PROPERTY, OF
WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, OCCURRING DURING OR ARISING OUT OF THE
PERFORMANCE OF THIS CONTRACT AS A RESULT OF ANY
NEGLIGENT ACT OR OMISSION ON THE PART OF THE SELLER, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OR
SUBCONTRACTORS.
Page 7 of 18
27.0 SEVERABILITY - In case any one or more of the provisions contained in this
Agreement shall for any reason, be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any
other provision of this agreement, which agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
28.0 FISCAL FUNDING LIMITATION - In the event no funds or insufficient funds
are appropriated and budgeted or are otherwise available by any means
whatsoever in any fiscal period for payments due under this contract, then Buyer
will immediately notify Seller of such occurrence and this Agreement shall be
terminated on the last day of the fiscal period for which appropriations were
received without penalty or expense to Buyer of any kind whatsoever, except to
the portions of annual payments herein agreed upon for which funds shall have
been appropriated and budgeted or are otherwise available.
29.0
30.0
NOTICES TO PARTIES - Notices addressed to Buyer pursuant to the provisions
hereof shall be conclusively determined to have been delivered a the time same is
deposited in the United States mail, in a sealed envelope with sufficient postage
attached, addressed to Purchasing Manager, City of Forth Worth, Purchasing
Division, 1000 Throckmorton, Fort Worth, Texas 76102, and notices to Seller
shall be conclusively determined to have been delivered at the time same is
deposited in the United States mail, in a sealed envelope with sufficient postage
attached, addressed to the address given by Seller in its response to Buyer's
invitation to bid.
NON-DISCRIMINATION - This contract is made and entered into with reference
specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of
the City Code of the City of Fort Worth (1986), as amended, and Seller hereby
covenants and agrees that Seller, its employees, officers, agents, contractors or
subcontractors, have fully complied with all provisions of same and that no
employee, participant, applicant, contractor or subcontractor has been
discriminated against according to the terms of such Ordinance by Seller, its
employees, officers, agents, contractor or subcontractors herein.
31.0 RIGHT TO AUDIT - Seller agrees that the Buyer shall, until the expiration of
three (3) years after final payment under this Agreement, have access to and the
right to examine and copy any directly pertinent books, computer disks, digital
files, documents, papers and records of the Seller involving transactions relating
to this Agreement. Seller agrees that the Buyer shall have access, during normal
working hours, to all necessary Seller facilities, and shall. be provided adequate
and appropriate workspace, in order to conduct audits in compliance with the
provisions of this section. Buyer shall pay Seller for reasonable costs of any
copying Buyer performs on Seller's equipment or requests Seller to provide. The
Buyer shall give Seller reasonable advance notice of intended audits.
Page 8of18
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32.0 DISABILITY - In accordance with the provisions of the Americans With
Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its
subcontractors will not unlawfully discriminate on the basis of disability in the
provision of services to general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of
Seller or any of its subcontractors. Seller warrants it will fully comply with
RDA's provisions and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold Buyer harmless against
any claims or allegations asserted by third parties or subcontractors against Buyer
arising out of Seller's and/or its subcontractor's alleged failure to comply with the
above -referenced laws concerning disability discrimination in the performance of
this agreement.
33.0 CONFLICT OF INTEREST DISCLOSURE REQUIREMENT
34.0
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a
person who contracts or seeks to contract for the sale or purchase of property,
goods, or services with a local governmental entity (Le. The City of Fort Worth)
must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's
affiliation or business relationship that might cause a conflict of interest with the
local governmental entity. By law, the Questionnaire must be filed with the Fort
Worth City Secretary no later than seven days after the date the person begins
contract discussions or negotiations with the City, or submits an application or
response to a request for proposals or bids, correspondence, or another writing
related to a potential agreement with the City. Updated Questionnaires must be
filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is
enclosed as Exhibit "B." The form is also available at
http://wvvw.ethics.state.tx.us/forms/CIQ.pdf. If you have any questions about
compliance, please consult your own legal counsel. Compliance is the individual
responsibility of each person or agent of a person who is subject to the filing
requirement. An offense under Chapter 176 is a Class C misdemeanor.
AUTHORITY - The undersigned officers and/or agents are properly authorized to
execute this Agreement on behalf of the Parties hereto and each party hereby
certifies to the other that any necessary actions extending such authority have
been duly passed and are now in full force and effect.
Page 9 of 18
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the Effective Date.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Wo , Texas, 76102
B
Karen L. Montgomery
Title: Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Tyler FWallach
Assistant City Attorney
ATTESTED BY:
Marty Hendrix
City Secretary
CONTRACT AUTHORIZATION:
M&C # P-11237
Date: May 24, 2011
294
Page 10 of 18
APPLIED BIOSYSTEIVIS, L.L.C.
850 Lincoln Centre Drive
Foster Cit , CA 94404
By:
Phillip G B lough
Title: Senior Contract Specialist
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, 1'X
Mappliedbiosystems
North American
Sales and Service
850 uncoin Centre Drive
Foster City. CA 94404 U.S.A.
(800)874-9868; F(650)6385875
To: Cass'e Johnson
Fort Worth Police Dept
350 W Belknap St
FORT WORTH TX 76102
Telephone No. (817) 392-4501
Fax No.
EXHIBIT "A"
The Quote
Quote No.:
Quote Valid To:
Quote Date:
Pay, Terms:
Freight Terms:
Quotation
PAGE 1 of 13
20722177
05(31 /2011
01/27/201 1
Net 45 D s
FOB FACTORY • FRT
QUOTED
Please r�wen piecing Quote
Item
Part Number.
Description
OTr
Unit-
List
Price
Unit_:
Net
Price
Total
Extended
Price
0001 4406017
AB 3500 GENETIC ANALYZER HID
Description of item Is available at
applied biosyst ems.cam
1.00 100,000.00 100.000.00 100,000.00
0002 5202 Trade-m Credit 510.000.00 310 INST 1.00 0.01 0.01 0.01
We are offering a 510,000.00 trade -In credit for
the retum of your Model 310. Serial
number 310000298.
The credit is being offered In advance- and is
contingent upon purchase of the new Instrument and
Applied 5wsystems receiving good and clear title
to, and possession of. the trade-in instrument
accompanied by the original Certification of
Decontamination (see below) within 30 days after
installation of new instrument. You may take the
cumin for the retum of the trade•in instrument
artanty t ormat . Applied easgstems• product warranties an Included with shipment of its products, or you may call Applied
Bkeystems for a copy of any product warranty. The warranty period for Instruments begins on the earlier of the date of instatMlan or
ninety (90) days foam the date of shipment for instruments installed by Applied aiosystems personnel. For Instnanents Installed by the buyer
or anyone other than Applied Bfoeysterna, the warranty peered begins on the date the knYrument is delivered. Unless otherwise expressly
Indkated on Applied eiosystenle quotation. Applied ebsystems makes no warranty whatsoever in regard to products furnished by third
parries. Such products are subject to the wanrltbe, If any, of their respective manufacturers to the extent they am transferable or otherwise
Prepared by: Tracy McH •h
Page 11 of 18
AS applied biosystems
North American
Sales and Service
850 Lincoln Centre Drive
Foster City, CA 94404 U.SA.
(800)874•9868; F(650)638-5875
To: Cassie Johnson
Fort Worth Police Dept
Item
Pert Number `
off We dollar value of your purchase orcTer.!he
purchase order must reflect the trade-in dollar
amount as a separate line item. After your purchase
order Is received, you WI receive a "Return
Authorization" letter (RA). and a Certificate of
Decontamination. The Certificate of Decontaminabon
MUST be completed and faxed back to Applied
Biosystems prior to the instrument return and the
original Certificate of Decontamination must be
placed on the on the outside of the aaterbox. If
our receipt of the trade-in instrument is not
confirmed within 30 days after installation of
your new instrument, you wit be invoiced for and
must pay the amount of the advanced credit given.
QUOTE NO.:
QUOTE VALID TO:
QUOTE DATE:
Quotation
PAGE 2 of 13
20722177
05/31/2011
01/27/2011
Please reference Quote No.
when piecing your orders.
PRICE FOR THE NEW INSTRUMENT AFTER TRADE-IN
CREDIT HAS BEEN APPLIED WILL BE: 590.000.00
0003 4443261 SW,GENEMAPPER ID•X FULL V1.2
0004 4397753
0005 4443259
0006 4366605
Daneriptfon of kern is available at
appiledbiosystems.com
3500 HID INSTALL KIT
Description of hem is available at
appi led b losystems, com
SW,GENEMAPPER ID-X v1.2. 5-CLIENT
Description of item is available at
a pplied biosyste ms. co m
HI0,7500 REAL-TIME.IAPTOP,SVC INS
Description of item is available at
a ppl led biosyste ms. com
0007 4344790 MNL.USERS OUANTIFILER
0008 4366956 TF.HID 7500 CHEMICAL INSTALL KIT
QTY
Unit Unit
List ° Net,
Price Price
1.00 20,400.00 20,400.00
1.00 6.120.00 6.120.00
100 40,800.00 40,800.00
1.00 42,600.00 42.500.00
1.00 215.00 215.00
1.00 0.01 0.01
Total
Extended
20.400.00
6.120.00
40.800.00
42.500 00
215,00
0.01
Page 12 of 18
A13 applied biosystems
North Amencan
Sales and Service
850 Lincoln Centre Drive
Foster City, CA 94404 U.S.A.
(800)874.9868; F(650)638.5875
To: Cassie Johnson
Fort Worth Police Dept
QUOTE NO.:
QUOTE VAUD TO:
QUOTE DATE:
Quotation
PAGE 3 of 13
20722177
05/312011
01/272011
Pease reference Quote No.
en p acing your or ers.
Item_.
Part Number
Description
QTY
0009 4314878
0010 S202
0011 4441763
0012 44144222
0013 4441350
0014 TRN00151
Gold 964v SeneAmys PCR System 9700
Destrption of item is available at
appliedbiosystems.com
Trade-in Credit S2622.00 for 2400 INST
We are offering a 52.622.00 trade-in credit for
the return of your Model 2400. serial
number 80388080233,
The credit is being offered "ki advance and is
contingent upon purchase of the new Instrument and
Applied Siosystemsrearving good end deartdle
to. and peSS.Ssion of. the trade-in hisuu lent
accompanied by the original Certification of
Decontamination (see below) within 30 days after
installation of now Instrument. You may take the
credd for the return of the trade-in instnment
off the dollar value of your purchase order. The
purchase order must refled the trade-in dollar
amount as a separate line Rem. After your purchase
order is received, you will receive a "Return
Authorization" letter (RA), and a Certificate of
Decontamination. The Certificate of Decontamination
MUST be completed and faxed back to Applied
Biosystenls prior to the instrument return and the
original Certificate of Decontantinafon must be
placed on the on the outside of the craterbox, If
ow receipt of the Irede46r instrument is nol
confirmed within 30 days after installation of
your new instrument, you will be invoiced for and
must pay the amount of the advanced credh given.
PRICE FOR THE NEW INSTRUMENT AFTER TRADE4N
CREDIT HAS BEEN APPLIED WILL BE• 57.699.00
(TOTAL for 2 units $15.398.00)
AUTOMATE EXPRESS DNA EXTRACTION SYSTEM
Desc.rptlon of Rem is available at
appf iedecisystems. com
MNL.SPG AUTOMATE EXPRESS
AUTOMATE EXPRESS INSTALL KIT
PrepFiler VandatioNAutomafe Express
Unit
List
PriX�
Unit
Price
Total .
'Extended
2.00 9,010.00 9.010.00
1.00 0.01 0 01
1.00 40.000.00 40.000.00
1.00
1.00
1.00
15.00
225.00
50.000.00
15.00
225.00
50,000.00
16.v2o.00
0.01
40.000.00
15.00
225.00
50.000 PO
Page 13of18
AB applied blosystems
North American
Sales and Service
850 Lincoln Centre Drive
Foster City, CA 94404 U.SA.
1800)874-9888: F(850)638.5875
To: Cassie Johnson
Fort Worth Police Dept
0015 4454930
0016 4387438
0017 4402090
0018 4317939
0019 ZG11-SC7500
Vairdathon of 1CrepPlar on the Automate Express
ID PLUS VALIDATION
Identifier Plus Val dationf35WHID
Validation of Identifier Plus on 3500 HID
VALIDATION ADDNL STR KIT
Adddbnal STR Val datlonr3500HID
Validation of additional STR on 3500 HID
7500 QUANT DUO KIT VALIDATION
Quantlgler Duo Valldationr7500HID
Validation of Quantifier Duo on 7500 HID
9700 96-w Temp Verifrpbon Kit, 02 rnl
QUOTE NO.:
QUOTE VALID TO:
QUOTE DATE:
Quotation
PAGE 4 of 13
20722177
05/31 /2011
01/27/2011
Please reference Quote No.
when piecing your orders.
AB Assurance 1PM 7500
This AB Assurance Plan is subject to and governed by
the Applied Bbsystems Service Agreement Terms and
Conditions attached to this Quotation, rather than
Applied Biosystams General Tenns and Conditions of
Sale By ordering or otherwise accepting an Applied
Btosystehg AB Assurance Plan. you agree to these
Service Agreement Terms and Conditions to the
exclusion of all other terms relatng the AB Assurance
Plan not expressly agreed to in writing by an
authorized representative of Applied Biosyslems.
To obtain Special Discount Pricing Customer MUST
purchase all quantities of part numbers ZG11SC3500,
2011-SC7500 and ZG61SCAUTOMATE as shown on
the quote on the SAME PO and against the SAME PO
NUMBER
1.00 85,000.00 85.000.00
1.00 45.000.00 45,000.00
1.00 45.000.00 45,000.00
1.00 2,180.00 2.180.00
3.00 4,6E11.80 4.681.80
85.000 00
45.000.00
45.1300.00
2.180.00
14.045.40
Page 14 of 18
AS applied biosystems
North American
Sales and Service
850 Lincoln Centre Drive
Foster City, CA 94404 U.S.A.
(800)874•9868; 9850)638.5875
To: Cassie Johnson
Fort Worth Police Dept
Item
PattNumber
0020 ZG11-SC3500
'Q@?CHptlon •
AB Assurance. 3500 1PM
0021 ZG61 SCAUTOMATE EXT WARRANTY, AUTOMATE. 1 PM
Estimated Shipping end Handling:
All of the products quoted above tan be purchased as
a package as follows:
Total List Price 5545,700.41
Your Package Price Total $440.965.67
Total Savings of 5104.734.74
Customer must purchase all quantities and
products (including trade-in eredfs) quoted above on
the Same PO to obtain the Special Package Price.
Please note that the Package Price does not include
any freight charges. Freight is quoted separately. ^'
All orders made in reference to this quotation must
include all part numbers and quantities as fisted. tl
you would like to modify this order, please contact
your Sales Representative at 1-800-874-9888.
QUOTE NO.:
QUOTE VALID TO:
QUOTE DATE:
Quotation
PAGE 5 of 13
20722177
05/31/2011
01/27/2011
Pease reference Quote No.
wnen piecing your orders.
•
t)nit
• ...Pride '.
unit
Net
Price
3.00 84000.00 8,000.00
3.00 4,080.00 4.080.00
Total
Extended.
Price
24,060.00
12,180.00
2,511.34
To place your Applied Biosystems order:
For INSTRUMENTS: Fax # 650-638-5875, Attn: Sales Administration
For CONSUMABLES: Fax #650-638-5998, Attn: Order Administratio n or phone 1-800-327-3002
-OR-
Visit us on the web at www.appliedblosystems.com
Page 15 of 18
AB applied biosystems
North American
Sales and Service
850 Lincoln Centre Drive
Foster City, CA 94404 U.S.A.
(800)874-9868; F(650)638,5875
To: Cassie Johnson
Fort Worth Police Dept
QUOTE NO.:
QUOTE VALID TO:
QUOTE DATE:
Quotation
PAGE 6 of 13
20722177
05/31/2011
01/27/2011
Pease reference Quote No.
when piecing your orders.
Part tJumbec _ Description QTY
AB systems 1- nancing A)350 can arrange competi nre andfifexible customer tinanc ng
Biosystems instruments, maintenance services and consumables.`
Please call us at 1-203-664-1537 to learn about how our ABSF
needs.
'ABSF financing solutions are subject to credit approval and
Item
solutions tor Applied
program can meet your instrument financing
satisfactory documentation.
Page 16 of 18
EXHIBIT "B"
Conflicts Questionnaire
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
This questionnaire is being filed In accordance with chapter 176 of the Local
Government Code by a person doing business with the govemmental entity.
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
J
Name of person doing business with local governmental entity.
Pk ktii 6_ �0.Iau45
Sr. Comte' SpeC.-:Qit-1 la; 4peIieJ Is ra.rysievrfs, LLC
Check thls box If you are tiling an update to a previously flied questionnaire.
OFFICE USE ONLY
Date Received
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code. is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes Incomplete or Inaccurate.)
Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money.
J Describe each affiliation or business relationshipwith aperson who Is a localgovernment officer and who appoints or
employs a local government officer of the focal governmental entity that is the subject of this questionnaire.
NONE
Aneeded ot; taaaos
Page 17of18
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
FORM CIQ
Page 2
Name of local government officer with whom filers has affilitation or business relationship. (Complete this section only if the
iv!n
This section. item 5 including subparts A, 8, C & D, must be completed for each officer with whom the flier has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary.
answer to Al B, or C is YES.)
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
Li Yes
No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named In this section AND the taxable Income Is not from the local govemmental entity?
Li Yes
1
No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local govemment officer serves
as an officer or director, or holds an ownership of 10 percent or more?
I Yes
1
No
D. Describe each affiliation or business relationship.
Describe any other affiliation or business relationship that might cause a conflict of interest.
Signature of person doing business with the governmental entity Date
Amended 0 V 13/2006
Page 18 of 18
•
M&C - Council Agenda
Page 1 of 2
/*
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/24/2011
DATE: Tuesday, May 24, 2011
LOG NAME: 13P11-0126 DNA EQUIP AGW
S UBJECT:
Authorize a Sole -Source Purchase of Instruments, Software and Services from Applied Biosystems, L.L.C.,
for the Police Department, Forensic Division, for a Total Amount of $440,965.67
REFERENCE NO.: **P-11237
RECOMMENDATION:
It is recommended that the City Council authorize a sole -source purchase of instruments, software and
services from Applied Biosystems, L.L.C., for the Police Department, Forensic Division, for a total amount
of $440,965.67 with payment due 30 days after final acceptance as defined in the contract.
DISCUSSION:
The Forensic Division of the Police Department will use this highly specialized equipment for
Deoxyribonucleic Acid (DNA) testing and analysis. The Police Department Crime Lab currently does not
have a DNA Unit. All samples that require DNA testing are currently outsourced to other laboratories for
analysis. The increased turnaround time and associated costs caused by outsourcing delays the
detectives' investigations.
On July 17, 2007, (M&C G-15791) the City Council authorized the City Manager to execute a contract for
the acquisition of property located at 3616 East Lancaster to be used for a Crime Laboratory with
P roperty/Evidence Facility.
On January 29, 2008, (M&C C-22641) the City Council authorized the City Manager to transfer
$725,000.00 from the Crime Control and Prevention District (CCPD) Fund for the Specially Funded
Capital Projects Fund to design the renovation of the Crime Laboratory and Property/Evidence Facility.
On July 14, 2009, (M&C C-23650) the City Council authorized execution of a construction contract in the
amount of $5 353,000.00 with Ratcliffe Constructors, LP, to renovate the Police Crime Laboratory and
P roperty/Evidence Facility located at 3616 East Lancaster Avenue.
The Crime Lab plans to establish a forensic DNA testing laboratory to serve the City, the Police
Department, and the Tarrant County District Attorney's Office. The DNA Unit will use two different
methods to develop DNA profiles from evidence collected in connection with Fort Worth Police
Department (FWPD) cases. The evidentiary DNA profile can then be compared to the DNA profile from a
suspect or victim to determine if there is a match with the source of the biological material.
This purchase includes specialized DNA instruments software and warranties. Applied Biosystems
designs and validates its instruments, reagents and data analysis software together as a complete, fully
integrated system for human identification testing.
Applied Biosystems is the documented sole source manufacturer and distributor of all Applied Biosystems
instruments, reagents and data analysis software.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
http://apps.cfwnet.org/ecouncil/printmc.asp?id=15153&print=true&DocType=Print 5/27/2011
M&C - Council Agenda Page 2 of 2
PRICE ANALYSIS - The City has no recent history for the purchase of this type of specialized DNA
equipment. Applied Biosystems offers trade-in credits in the amount of $12,622.00 - a $10,000.00 trade-in
credit for a Model 310 and a $2,622.00 for a Model 2400 The Police Department reviewed the pricing and
determined it to be fair and reasonable.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Specially Funded Capital Projects Fund.
BQN\13P11-0126\AGW
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
C291 541330 201090082380 $440,965.67
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Karen Montgomery (6222)
Lena Ellis (8517)
Jack Dale (8357)
Aaron Whitson (8354)
ATTACHMENTS
1. 11-0126 Applied Biosystems MWBE Waiver.pdf (CFW Internal)
2. 13P11-0126 DNA EQUIP AGW.htm (CFW Internal)
3. Ap_pl ed Biosystems Quote No. 20722177.pdf (Public)
4. C291 541330.pdf (CFW Internal)
5. CFW Sole Source Form - Applied Biosystems.pdf (CFW Internal)
http://apps.cfwnet org/ecouncil/printmc.asp?id=15153&print=true&DocType=Print 5/27/2011