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HomeMy WebLinkAboutContract 59403DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB City Secretary Contract No. 59403 FORT WORTH, CONTRACTOR SERVICES AGREEMENT This CONTRACTOR 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 its duly authorized Assistant City Manager, and IDEXX Distribution, Inc. ("Contractor"), a Massachusetts corporation, acting by and through its duly authorized representative, 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 Contractor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — Contractor's Bid Response to City's ITB No. 23-0026; and 5. Exhibit D — Verification of Signature Authority 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 in the body of this Agreement shall control. 1. Scone of Services. Contractor shall provide City with testing supplies, off -site laboratory testing and in-house testing devises for the City's Animal Care and Control Division ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date signed by the City's Assistant City Manager ("Effective Date") and expires one year from the Effective Date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 3. Comnensation. City will pay Contractor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total -compensation under this Agreement will not exceed TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for each Term. Contractor will 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 will 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 Contractor Services Agreement Page 1 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 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-abbronriation 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 will 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 will pay Contractor for services actually rendered up to the effective date of termination and Contractor will 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 will 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 will return all City provided data to City in a machine readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Contractor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Contractor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. Contractor Services Agreement Page 2 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 6. Right to Audit. Contractor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Contractor involving transactions relating to this Agreement at no additional cost to City. Contractor agrees that City will have access during normal working hours to all necessary Contractor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Contractor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Contractor will 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 will 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, Contractors, and subcontractors. Contractor acknowledges that the doctrine of respondeat superior will 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 will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Contractor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Contractor, nor any officers, agents, servants, employees, contractors, or subcontractors of Contractor will be entitled to any employment benefits from City. Contractor will 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, contractors, or contractors. Liabilitv and Indemnification. 8.1 LIABILITY - CONTRACTOR WILL 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, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 8.2 GENERAL INDEMNIFICATION- CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTSAND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPER TYDAMAGE OR LOSS (INCL UDING 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 CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. 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 Contractor Services Agreement Page 3 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 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 will 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 will 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 will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will 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 will 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 will 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 will, 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. Assignment and Subcontracting. 9.1 Assignment. Contractor will 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 will 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 will be 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, the subcontractor will execute a written agreement with Contractor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply. Contractor must provide City with a fully executed copy of any such subcontract. 10. Insurance. Contractor must 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 Services pursuant to this Agreement: Contractor Services Agreement Page 4 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 10.1 Covera;e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Contractor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are 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 (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 must 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 must be submitted to City to evidence coverage. 10.2 General Reauirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must 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 must be provided to City. Ten (10) days' notice will be Contractor Services Agreement Page 5 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Contractor has obtained all required insurance will 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 will 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 must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Contractor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and obligations hereunder, it will 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, CONTRACTORS, 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 will 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: City of Fort Worth Attn: Assistant City Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at the same address Contractor Services Agreement IDEXX Distribution, Inc. To CONTRACTOR: IDEXX Distribution, Inc. George Fennell, Corporate Vice President One IDEXX Drive Westbrook, ME 04092 Email: Aubrey-martin@idexx.com Page 6 of 16 DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 14. Solicitation of Emnlovees. Neither City nor Contractor will, 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 will 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 does 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 will 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 will 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 will not in any way be affected or impaired. 19. Force Maieure. City and Contractor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 13 of this Agreement. 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will 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 will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. Contractor Services Agreement Page 7 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will 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 all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 25. Warranty of Services. Contractor 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 Contractor's option, Contractor will 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 Nationalitv Act. Contractor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor must 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 WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Contractor, will have the right to immediately terminate this Agreement for violations of this provision by Contractor. 27. Ownership of Work Product. City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will 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 will 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 will 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 Authoritv. The person signing this Agreement hereby warrants that they have 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. Contractor Services Agreement Page 8 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. Change in Comuanv Name or Ownership'. Contractor must 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 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 provide the specified documentation so may adversely impact future invoice payments. 30. No Bovcott of Israel. If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, 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 Agreement. 31. Prohibition on Bovcotting Energv Comp'anies. Contractor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 32. Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate against a firearm entity or firearm trade association," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Contractor Services Agreement Page 9 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 33. Comuliance with Public Information Act Reauests. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Agreement and Vendor agrees that the Agreement can be terminated if Vendor knowingly or intentionally fails to comply with a requirement of that subchapter. Vendor acknowledges that section 552.371 of the Texas Government Code applies to this Agreement if: (1) this Agreement has a stated expenditure of at least $1 million in public funds for the purchase of good or services by the City; or (2) this Agreement results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the City in a fiscal year of the City. To the extent that section 552.371 of the Texas Government Code applies to this Agreement, Vendor shall comply with section 552.372 of the Texas Government Code by: (1) preserving all contracting information relating to this Agreement as provided by the records retention requirements applicable to the City for the duration of the Agreement; (2) promptly providing the City any contracting information related to this Agreement that is in the custody or possession of Vendor on request of the City; and (3) on completion of the Agreement, either (a) providing at no cost to the City all contracting information related to the Agreement that is in the custody or possession of Vendor; or (b) preserving the contracting information relating to the Agreement as provided by the retention requirements application to the City 34. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. [SIGNATURES ON FOLLOWING PAGE] Contractor Services Agreement Page 10 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH: By: Valerie Wash ing[on(May 15,202314:26 CDT) Name: Valerie Washington Title: Assistant City Manager Date: May 15, 2023 , 2023 APPROVAL RECOMMENDED: 7ym By: Name: Chris McAllister Title: Code Compliance Assistant Director ,6444pn a �u ap0. O°°Rr as ATTEST: p��oo °F° ° 45ggooa�.� �ldo Pvo s8 o o* °° °° By: A A:X, aa� nezo Name: Jannette Goodall Title: City Secretary CONTRACTOR: IDEXX Distribution, Inc. DocuSigned by: E {,OVl�t, FL Apt t,�.�, By: 802E3E1 BE453487... Name: George Fennell Title: Corporate Vice President May-09-2023 Date: , 2023 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Christopher Lirette Title: Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: By: Richard A. McCracken (May 10, 2023 21:31 CDT) Name: Richard A. McCracken Title: Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0270 (4/11/23) Form 1295: 2023-998814 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contractor Services Agreement Page 11 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICE a. Laboratory Services b. IDEXX Distribution, Inc. (IDEXX) shall provide the following items: i. Any and all necessary testing kits, ii. Off -site laboratory testing services, iii. In-house SNAP® test devices and analyzers that provide accurate and timely results for infectious diseases found in animals. iv. descriptive literature and/or specifications of all items offered. c. The SNAP® tests, analyzers, and offsite lab services should diagnose the following sickness: i. Heartworm testing, offsite testing ii. Fecal testing with Giardia iii. Fecal testing without Giardia iv. Feline Leukemia individual v. Feline Leukemia in combination with Feline Immunodeficiency Virus (FIV) testing vi. Parvovirus testing d. IDEXX (Contractor) shall provide customer support, diagnostic support and technical support. Medical consultations regarding results and equipment shall also be made available. If the City requests medical consultation services, the Contractor must contact requestor within on (1) hour and respond to the Animal Care and Control ("ACC") facility if necessary within two (2) hours from the time of the call. e. Specimen pick-up f. Specimens shall be picked up daily after 6:OOPM (CST) at each of the ACC facilities. g. All pick-ups shall be done solely by the Contractor. h. No shipping or pick-up costs will be allowed. i. ACC facilities: 1. Silcox Animal Care and Control Center 4900 Martin Street, Fort Worth, Texas 76119 2. North Animal Shelter 351 Hillshire Drive, Fort Worth, Texas 76052 The City may add or remove ACC locations at the City's discretion. Laboratory Testing Results i. Turnaround time for laboratory testing results must not exceed twenty-four (24) hours from the time specimen is picked up from the ACC facility. ii. Outside laboratory services must include full diagnostic lab services ordered by the City, including but not limited to, serology, blood chemistries and blood counts, histopathology and bacteriology. Testing results must be made available to the City by email, automatic download or via an online portal. Equipment i. Contractor must clearly identify the brand name, make and model number; ii. Contractor must provide City with descriptive literature and specifications of equal item offered. k. Point of Contact: Contractor Services Agreement Page 12 of 16 IDEXX Distribution, Inc. DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB i. For accessibility, the Contractor must designate at least one (1) person as Point of Contact with a current office phone number or cell phone number and an email address. ii. The Contractor's Point of Contact must respond to calls, voicemails, and emails within one (1) business day. Hours of Operations of the ACC facilities are: i. Regular hours shall be: 1. Monday through Sunday 7:OOAM to 6:00PM. ii. After-hours hours shall be: 1. Monday through Sunday 6:01 PM to 6:59AM; m. City observed holidays i. New Year's ii. Martin Luther King iii. Memorial Day iv. Juneteenth v. July 4th vi. Labor Day vii. Thanksgiving Thursday and the following Friday viii. Christmas Contractor Personnel: i. Identification 1. Contractor's employees are required to wear an identification badge, at all times while performing Services under this Agreement. a. The I.D. badges shall be surrendered to the City upon request of the City, or the expiration or termination of this Agreement. ii. Supervision 1. The Contractor shall, during all periods of contract performance, provide competent supervision of his/her employees to assure complete and satisfactory fulfillment of the work and the terms of this Agreement. The Contractor, or a capable, fully authorized representative, must be immediately available during all work activities to receive any and all special instructions from the City's employees. a. The City shall have the right to require that the Contractor dismiss from the premises covered by this Agreement any employees of the Contractor whose conduct is improper, inappropriate, or offensive and such employees shall not be allowed to perform Services pursuant to this Agreement on the subject premises without written consent of the City. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Line Line Description Unit of Measure _Number 1 Test, Heartworm AG ELISA 3+, Code EA 7233 2 Test, Heartworm Antigen, Code 723 EA 3 Test, SNAP® Parvo Test (5) EA 4 Test, SNAP® FIV/FeLV Combo Test EA (30) 5 Test, SNAP® 4Dx Plus Test (30) EA 6 Test, Mature Adults Chemistry Panel, EA Code 2076 7 Test, Ova and Parasites, Code 501 EA 8 Equipment, Catalyst One Chemistry EA Analyzer 9 Equipment, Procyte Once Hematology EA Analyzer 10 Equipment, IDEXX VetLab Station to EA include desktop, touchscreen monitor and VetConnect Plus Software 11 Medical Serices, Consultation HR regarding test results and equipment, 24/7 FREE SERVICE AS AN IDEXX ACCOUNT 12 Quarterly Maintenance, 5 Year term - EA Including parts, labor and transportation costs for Catalyst One Chemistry Analyzer 13 Quarterly Maintenance, 5 Year term - EA Including parts, labor and transportation costs for Procyte One Chemistry Analyzer 14 Quarterly Maintenance, 5 Year term - EA Including parts, labor and transportation costs for IDEXX IVLS Unit Price $376.00 $376.00 $14.57 $13.91 $16.11 $88.25 $11.38 $11,995.00 $19,995.00 $1,995.00 1 11 $3,353.00 $3,353.00 $1,565.00 Contractor Services Agreement Page 14 of 16 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB A %Jlvl ..,11X1110 r xnIBIT C CONTRACTOR'S BID RESPONSE TO CITY'S ITB COVER PAGE NO.23-0026 Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-23-0026 1 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Laboratory Testinq Services for Animal Care 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 02/01/2023 08:00:00 CST 03/09/2023 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Event Description The City of Fort Worth (City) seeks bids to finalize an agreement to provide Laboratory Testing Services for Animal Care for the Code Compliance Department on an "as -needed" basis in accordance with the specifications. Submission Requirements and Deadlines All companies/individuals wishing to do business with the City of Fort Worth must register as a Bidder on the PeopleSoft Supplier Portal. Please visit : https://www.fortworthtexas.gov/departments/finance/purchasing/register for more information. Assigned Buyer: Maria Canoura There is a Pre -Bid Conference In -Person on Monday, February 6, 2023 at 10:OOAM (CST) Location: City of Fort Worth Development Conference Room 200 Texas Street, Fort Worth, Texas 76102 Lower Level — Northeast Corner — Reference #LL1201 Failure to attend the Pre -Bid Conference will impact potential Bidder's ability to submit a fully informed and competitive bid response. Attendance is not mandatory but is strongly encouraged. Bids are solicited for furnishing the merchandise, supplies, services and/or equipment as set forth in this solicitation. Completed Bids including one executed original and one USB flash drive containing electronic versions of all bid documents must be received in the Purchasing Division by 1:30 P.M., Thursday, March 9, 2023, and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Bids must be submitted in a sealed envelope WITH THE BID NUMBER WRITTEN ON THE OUTSIDE OF THE ENVELOPE, addressed to the Sr. Purchasing Manager. YOUR BID MUST BE RECEIVED BYTHE PURCHASING OFFICEAND TIME STAMPED PRIOR TO THE 1:30 P.M. DEADLINE IN ORDER TO BE CONSIDERED. Bids shall be mailed or hand delivered to the following address: City of Fort Worth, Purchasing Division, Lower Level, City Hall, 200 Texas Street, Fort Worth, Texas 76102 Bids delivered by special courier (i.e. Federal Express, Special Delivery etc.) are to be marked on the outside of the courier's shipping envelope "BID No. 23-0026 Laboratory Testing Services for Animal Care" AND MUST BE RECEIVED BY THE PURCHASING OFFICE AND TIME STAMPED PRIOR TO THE 1:30 P.M. DEADLINE IN ORDER TO BE CONSIDERED. Late bids will be returned or destroyed; they will not be opened nor considered in the evaluation of the bid. Bids may be withdrawn at any time prior to the official opening. Bids may not be altered, amended or withdrawn after the official opening. The undersigned agrees, if the bid is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the terms, conditions and scope/specifications contained in this document. The period for acceptance of this bid will be 120 calendar days after the bid opening date. Solicitation Documents: Cover Page Bid Submission Signature Page** Price Submittal** Part 1- Instructions Part 2- Scope of Services/Specifications Attachment A - Conflict of Interest Disclosure Requirement" Attachment B - Bidder's Contact Information"* Attachment C - Bidder Qualification Questionnaire** Attachment D - Reference Sheet ** Attachment E - Vendor Service Agreement, attached as a separate document Attachment F - Documentation Checklist **Required to be completed and submitted. See Section 14.2, Part 1 for all required document that need to be submitted. Failure to submit all items will be grounds for rejection of a bid as non -responsive to the specifications. DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB A %Jlvl ...11X1110 BID SUBMISSION SIGNATURE PAGE Event ID Page Invited: PUBLIC EVENT DETAILS CFW01-23-0026 2 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Laboratory Testinq Services for Animal Care 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 02/01/2023 08:00:00 CST 03/09/2023 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov The undersigned, by his/her signature, represents that he/she is submitting a binding offer and is authorized to bind the respondent to fully comply with the solicitation document contained herein. The Respondent, by submitting and signing below, acknowledges that he/she has received and read the entire document packet sections defined above including all documents incorporated by reference, and agrees to be bound by the terms therein. Company Name: IDEXX Distribution, INC. Company Address:_One IDEXX Dr. — City, State, Zip: Westbrook, ME 04092 Vendor Registration No._0000004338 Printed Name of Officer or Authorized Representative: _George Fennell Title: Corporate Vice President s by Signature of Officer or Authorized Representative: 1. 14.29 1614a W... Date: Feb-13-2023 Email Address: aubrey-martin@idexx.com Phone Number: 254-592-3249 Federal Identification Number (FID): 35-21866 Will agreement be available for Cooperative Agreement use? Yes No (*See Part 1, Section 22.0 Cooperative Purchasing for Specifications) 23-0026 Laboratory Testing Services for Animal Care Page 2 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB A %Jlvl ...11X1110 PRICE SUBMITTAL Event ID Page CFWO1-23-0026 3 Event Round Version 1 1 Event Name ITB Laboratory Testinq Services for Animal Care Start Time Finish Time 02/01/2023 08:00:00 CST 03/09/2023 13:30:00 CST Invited: PUBLIC EVENT DETAILS Submit To: City of Fort Worth FINANCIAL MANAGEMENT SERVICES FINANCE - City Hall Purchasing 200 Texas St. (Lower Level Rm 1501) Fort Worth TX 76102-6314 United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 1 Description: (TEST CODE 7233) Qtv Unit UnitPrice Total Test, Heartworm AG ELISA 3+ 15,000.00 EA $3.76 $56,400.00 Line: 2 Description: TEST CODE 723 Qtv Unit UnitPrice Total Test, Heartworm Antigen 500.00 EA $3.76 I $1,880.00 Line: 3 Description: Qtv Unit UnitPrice Total Test, SNAP® Parvo Test (5) 2,000.00 EA Brand: $14.57 $29,140.00 Line: 4 Description: Qtv Unit UnitPrice Total Test, SNAP® FIV/FeLV Combo Test (30) 80.00 EA Brand: $13.91 $1,112.80 Line: 5 Description: Qtv Unit UnitPrice Total Test, SNAP® 4Dx Plus Test (30) 200.00 EA Brand: $16.11 $3,222.00 Line: 6 Description: TEST CODE 2076 Qtv Unit UnitPrice Total Test, Mature Adults Chemistry Panel 10.00 EA (OTHER/BETTER CODES AVAILABLE BASED ON NEED, EACH HAS A NEGOTIABLE PRICE $88.25 $822.50 Line: 7 Description: TEST CODE 501 Qtv Unit UnitPrice Total Test, Ova and Parasites 10.00 EA $11.38 $113.80 Line: 8 Description: CATALYST ONE CHEMISTRY ANALYZER Qtv Unit UnitPrice Total Equipment, Catalyst Dx Chemistry Analyzer 2.00 EA by IDEXX Laboratories or equivalent equipment $23,990.00 Brand: $11,995.00 23-0026 Laboratory Testing Services for Animal Care Page 3 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB A %Jlvl ...11X1110 PRICE SUBMITTAL Event ID Page Invited: PUBLIC EVENT DETAILS CFWO1-23-0026 4 Event Round Version Submit To: City of Fort Worth 1 1 FINANCIAL MANAGEMENT SERVICES Event Name FINANCE - City Hall Purchasing ITB Laboratory Testinq Services for Animal Care 200 Texas St. (Lower Level Rm 1501) Start Time Finish Time Fort Worth TX 76102-6314 02/01/2023 08:00:00 CST 03/09/2023 13:30:00 CST United States Email: FMSPurchasingResponses@fortworthtexas.gov Line: 9 Description: PROCYTE ONE HEMATOLOGY ANALYZER Qtv Unit UnitPrice Total Equipment, Lasercyte Dx Hematology Analyzer 2.00 EA by IDEXX Laboratories or equivalent equipment $39,990.00 Brand: $19,995.00 Line: 10 Description: Qtv Unit UnitPrice Total Equipment, IDEXX VetLab Station to include desktop, touchscreen monitor and VetConnect Plus Software or 2.00 EA equivalent equipment/software. $1,995.00 $1,880.00 Brand: Line: 11 Description: 24/7 FREE SERVICE AS AN IDEXX ACCOUNT Qtv Unit UnitPrice Total Medical Services, Consultation regarding test results and 10.00 HR equipment. $0 $0 Line: 12 CATALYST ONE, QUARTERLY, 5 YR TERM Description: Qtv Unit UnitPrice Total Yearly Maintenance - Including parts, labor and transportation costs for Catalyst Dx Chemistry Analyzer by IDEXX 2.00 EA Laboratories or equivalent equipment quoted - per unit $3,353.00 $6,706.00 Line: 13 Description: PROCYTE ONE, QUARTERLY, 5 YR TERM Qtv Unit UnitPrice Total Yearly Maintenance - Including parts, labor and transportation costs for Lasercyte Dx Hematology Analyzer by IDEXX 2.00 EA Laboratories or equivalent equipment quoted on Line 9 - per unit $3,353.00 $6,706.00 Line: 14 Description: IVLS, QUARTERLY, 5 YEAR TERM Qtv Unit UnitPrice Total Yearly Maintenance - Including parts, labor and transportation costs for IDEXX VetLab Station or equivalent equipment 2.00 EA quoted on Line 10 - per unit $1,565.00 $3,310.00 Total Bid Amount: $176,380.60 Prompt Payment Discount Terms: 0% Percent 30 Days (i.e. 3% Net 15, etc.) A bid of "0" (zero) will be interpreted by the City as a no -charge (free) item and the City will not expect to pay for that item. A bid of "no bid" or no response space left blank) will be interpreted by the City that the Offeror does not wish to bid on that item. Be advised, a "no bid" or no response may be considered as non -responsive and may result in disqualification of the bid. All other laboratory testing services will be purchased at a 0 discount off the Manufacturer's Price List. If no discount is offered, please, fill in "0". All other equipment will be purchased at a 0 discount off the Manufacturer's Price List. If no discount is offered, please, fill in "0". 23-0026 Laboratory Testing Services for Animal Care Page 4 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB PART 1 — INSTRUCTIONS 1.0 SOLICITATION 1.1 Review of Documents: Bidders are expected to examine all documents that make up the Solicitation as well as any addendums. Bidders shall promptly notify the City of any omission, ambiguity, inconsistency or error that they may discover upon examination of the Solicitation by the deadline for questions listed in Part 2, Section 3.0. The City assumes no responsibility for any errors or misrepresentations that result from Bidders not using the completed Solicitation document and addendums. 1.2 Location of Documents: Solicitations are issued by the Purchasing Division. The location and phone number for the Purchasing Division are specified in the advertisement and on the first page of the solicitation. 2.0 EXPLANATIONS. CLARIFICATIONS OR QUESTIONS 2.1 Any explanation, clarification, or question desired by a Bidder regarding any part of the Solicitation must be requested in writing from the Purchasing Division by the question deadline listed in Part 2, Section 3.0, so that a written addendum can be posted before the submission deadline. Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.2 IN ORDER FOR QUESTIONS TO BE ANSWERED, ALL QUESTIONS MUST BE SENT BY E-MAIL OR FAX BEFORE THE QUESTION DEADLINE AND MUST BE IDENTIFIED AS FOLLOWS: 2.2.1 All explanation, clarification or questions must clearly identify the buyer's name and the bid number on the document or on the subject line, if sent by and email. For example: "Attention: Buyer name and Bid No. XX-XXX". If the buver's name and bid number is not included as specified above, the auestion(s) will NOT be answered. 2.2.2 Delivery of questions by: 2.2.2.1 Via Email — FMSPurchasinaRes oonses(o)fortworthtexas.aov 2.2.2.1.1 Please note, if an e-mail confirming receipt of your e-mail is not received within 1 (one) business day, please contact the City of Fort Worth Purchasing at 817-392-2462. 2.3 Interpretations, corrections, or changes to the Solicitation made in any other manner are not binding upon the City, and Bidders shall not rely upon such interpretations, corrections or changes. Oral explanations or instructions given before the award of the Contract are not binding. 2.4 Any material information given to one Bidder concerning a Solicitation will be furnished by an Addendum posted on the City's website under the corresponding bid number. 23-0026 Laboratory Testing Services for Animal Care Page 5 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 3.0 UNAUTHORIZED COMMUNICATIONS 3.1 Bidders' contact regarding this Invitation to Bid (ITB) with employees or officials of the City other than the Sr. Purchasing Manager, the Business Equity Division, or as otherwise indicated in the ITB is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the Respondent shall have any contact or discussion, verbal or written, with any members of the City Council, City staff or City's consultants, or directly or indirectly through others, seek to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. Any violation of this prohibition may result in the Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non -binding with regard to this ITB. 4.0 PREBID CONFERENCE 4.1 A Pre -Bid conference In -Person will be held on Monday, February 6, 2023: Time: 10:OOAM Location: City of Fort Worth Development Conference Room 200 Texas Street, Fort Worth, Texas 76102 Lower Level — Northeast Corner — Reference #LL1201. 4.2 Failure to attend the Pre -Bid Conference will impact the potential bidder's ability to submit a fully informed and competitive bid response. Attendance is not mandatory but is strongly encouraged. 5.0 PREPARATION OF BIDS 5.1 Each Bidder must furnish all information required by the Solicitation in order to be evaluated. Prices or Percent Markups submitted on other than the forms included in the Solicitation shall be considered non -responsive. 5.2 Any attempt to alter the wording in the Solicitation is ineffective and will result in rejection of the Bid. 6.0 QUANTITES 6.1 The quantities listed on the bid solicitation are only estimates based on previous usage and do not indicate intent to purchase or a guarantee of future business. The City of Fort Worth is obligated to pay for only those materials and services actually ordered by an authorized City employee and then received as required and accepted by the City. 7.0 TAXES 7.1 Purchases of Goods or Services for City use are usually exempt from City, State, and most Federal Taxes. Bids may not include exempted taxes. The successful Bidder should request a Tax Exemption Certificate from the Purchasing Division. Under no circumstances shall the City be liable to pay taxes for which the City has an exemption under any Contract. 8.0 DEFINITIONS 8.1 Brand Name or Equal: If the Solicitation indicates brand name or "equal" products are acceptable, the Bidder may offer an "equal" product and must be prepared to demonstrate those features that render it equal. Final determination of a product as "equal" remains with the City. 23-0026 Laboratory Testing Services for Animal Care Page 6 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 8.2 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar days. Time is of the essence in any City purchase. If the indicated date cannot be met or the date is not indicated, the Bidder shall state its best delivery time. 8.3 Free on Board (FOB) Point: Freight Terms shall be FOB Destination, Freight Prepaid and Allowed. This means the Vendor or Shipper owns goods in transit and is liable for delivery to the point of destination. 8.3.1 The Vendor or Shipper is responsible for filing any claims with the delivering carrier for breakage or other loss and for any damage resulting from transportation. 8.3.2 The Bidder should quote its lowest and best price, with the goods delivered to the place specified, at the Bidder's expense and risk, and their tender delivery to the City. 8.3.3 Bids offering anv other delivery terms are not acceptable and may be cause for reiection. 9.0 PRICES/PERCENTAGE DISCOUNT 9.1 Bid prices and percentage discount (if applicable) shall be firm offers unless otherwise specified. Pricing and percentage discount (if applicable) shall be entered on the Price Submittal sheet. 9.2 In the event of a discrepancy between unit price and extended price, the unit price shall govern. 9.3 Prices shall be offered in the Dollars of the United States of America (or decimal fractions thereof). 10.0 SIGNATURE 10.1 The Bidder must provide a wet signature on each document in the Solicitation requiring a signature. Any change made to the Bid must be initialed by the Bidder. 11.0 PROPRIETARY INFORMATION SUBMITTED IN THE BID 11.1 All material submitted to the City becomes public property and is subject to the Texas Open Records Act upon receipt. 11.1.1 If a Bidder does not desire proprietary information in the bid to be disclosed, each page must be identified and marked proprietary at time of submittal. The City will, to the extent allowed by law, endeavor to protect such information from disclosure. If a Public Information Request is made for Bidder's proprietary information, the Bidder will be notified so that they can submit a letter to the Texas Attorney General. The final decision as to information that must be disclosed lies with the Texas Attorney General. 11.1.2 Failure to identify proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. 12.0 BID PREPARATION COSTS 12.1 All costs associated with preparing a Bid in response to a Solicitation shall be borne by the Bidder. 23-0026 Laboratory Testing Services for Animal Care Page 7 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 13.0 PAYMENTS 13.1 All payment terms shall be no later than 30 days from the date the City receives a properly prepared invoice that contains no errors. Please see Part 2, Section 11.0 for invoicing requirements. Prompt/early payment discount(s) may be considered by the City. Bidder shall submit the proposed discount(s) on the "Price Submittal" page. 13.2 Successful bidders are encouraged to register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website at httDs://www.fortworthtexas.aov/departments/finance/Durchasina/ach 14.0 SUBMISSION OF BIDS 14.1 Bid documents: Unless otherwise specified, Bidders are required to submit a signed executed original and one scanned copy of the entire bid submittal on a flash drive. Bids must be submitted in a sealed envelope with the bid number written on the outside of the envelope. 14.2 Documents required to be submitted with Bid: Bidders shall submit all the items listed below and utilize the format below to submit their bid prior to the bid submission deadline. 14.2.1 The completed and signed Bid Submission Signature Page; 14.2.2 The completed Price Submittal; 14.2.3 A completed and signed original Conflict of Interest Questionnaire, Attachment A; 14.2.4 A completed and signed Bidder Contact Information, Attachment B; 14.2.5 A completed and signed Bidder Qualification Questionnaire, Attachment C; 14.2.6 A completed Reference Sheet, Attachment D; 14.2.7 A price list of all services, testing and diagnostic products available. 14.2.8 Descriptive literature and/or specifications of equal item offered; 14.2.9 Documentation describing the Bidder's company experience, credentials or qualifications related to the scope of work; 14.2.10 Documentation showing Bidder's company has been in the marketplace for a minimum of five (5) years (i.e. Secretary of State); 14.2.11 Signed Addendum(s) acknowledging receipt; 14.2.12 Scanned copy of all documents listed in Part 1, Section 14.2 in a flash drive; 14.2.13 Any other document included in the Solicitation requiring completion or execution by the Bidder. 14.3 Failure to submit all the items listed in Part 1, Section 14.2, will be grounds for rejection of a bid as non -responsive to the specifications. 15.0 LATE BIDS 15.1 Bids must be received in the Purchasing Division prior to the bid submission deadline. All Bids received after the submission deadline are considered late and will be returned to the Bidder unopened. 23-0026 Laboratory Testing Services for Animal Care Page 8 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 15.2 Purchasing's time stamp clock is the official time of record. However, if the time stamp is not available or broken, the date and time written on the bid receipt by Purchasing staff shall be the time of record. 15.3 It is the sole responsibility of the Bidder to ensure timely delivery of the Bid to the Purchasing Division. The City will not be responsible for failure of service on the part of the U.S. Postal Office, courier companies, or any other form of delivery service chosen by the Bidder to deliver before the bid due date and time. 15.4 Bids delivered to a City location other than the Purchasing Division will not be considered. The Bid must be received by the Purchasing Division and stamped before deadline to be considered. 16.0 MODIFICATION OR WITHDRAWAL OF BIDS 16.1 Modification of Bids: Bids may be modified in writing at any time prior to the bid submission deadline. 16.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile (provided that the facsimile is signed by the Bidder) at any time prior to the bid submission deadline. A Bid may also be withdrawn in person by a Bidder, provided the withdrawal is made prior to the bid submission deadline. A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after the bid submission deadline without forfeiture of the Bid guarantee, unless there is a material error in the Bid. Withdrawn Bids may be resubmitted, with or without modifications, prior to the bid submission deadline. The City may require proof of agency from the person withdrawing a bid. 17.0 OPENING OF BIDS 17.1 The Purchasing Division representative responsible for opening Bids shall personally and publicly open all Bids timely received, reading each bid aloud. 18.0 EVALUATION FACTORS AND AWARD 18.1 Evaluation: Bidders may furnish pricing for all or any portion of the Solicitation (unless otherwise specified). However, the City may evaluate and award the Contract for any item or group of items shown on the Solicitation, or any combination deemed most advantageous to the City. Bids that specify an "all or none" award may be considered if a single award is advantageous. 18.2 Award. The Method of Award is detailed in Part 2, Section 6.0. (Note: A Bidder that does not earn at least 50% of the technical points will be deem "non -responsive" and will not be awarded a contract.) 18.3 Acceptance and Award of Bid: Acceptance and award of a Bid will be in the form of a Purchase Order or a Contract. Subsequent Purchase Orders may be issued as appropriate. The contents of a Bid Response shall become a part of the Contract. Under no circumstances will the City be responsible for Goods or Services provided without a Purchase Order issued by the City. 19.0 RESERVATIONS - The City expressly reserves the right to: 19.1 Specify approximate quantities in the Solicitation; 19.2 Extend the Solicitation opening date and time; 19.3 Consider and accept alternate Bids, if specified in the Solicitation, when most advantageous to the City; 23-0026 Laboratory Testing Services for Animal Care Page 9 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 19.4 Waive as an informality, minor deviations from specifications provided they do not affect competition or result in functionally unacceptable goods or services; 19.5 Waive any minor informality in any Bid or Solicitation procedure (a minor informality is one that does not affect the competitiveness of the Bidder); 19.6 Add additional terms or modify existing terms in the Solicitation before the bid submission deadline; 19.7 Reject a bid because of unbalanced unit prices bid; 19.8 Reject or cancel any or all Bids; 19.9 Reissue a Solicitation; 19.10 Procure any item by other means; and/or 19.11 Award to multiple vendors on a non-exclusive award basis, or primary and secondary vendors. 20.0 POST -BID DOCUMENTS REQUIRED FROM BIDDERS 20.1 Certificates of Insurance: When insurance is required, the successful Bidder must provide Certificates of Insurance in the amounts and for the coverages required to the Purchasing Office within 14 calendar days after notification of award, or as otherwise required by the Solicitation. 20.2 Business Equity Goal: 0% Business Equity Provision: If a Business Equity goal has been established for the bid, the applicable documents must be submitted by all bidders wishing to continue in the bid evaluation process within three (3) City business days after the bid opening date, exclusive of the bid opening date, to the City location specified in the bid. Bidders shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 20.3 Certificate of Interested Parties Form 1295: If the Purchase Agreement must be approved by the City Council before execution, the successful bidder is required to complete the Certificate of Interested Parties Form 1295 and submit the form to the Purchasing contact listed in the solicitation before the purchase/contract will be presented to the City Council. The form may be completed at httDs://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 21.0 PROTEST PROCEDURE 21.1 Vendors who respond to Invitations to Bid have the right to protest the solicitation process or the bid award if they believe that there has been any impropriety or unfair criteria in the process. 21.2 The Vendor must submit any protest in writing to the Sr. Purchasing Manager within 14 days after the Vendor knows, or should have known, of the facts relating to the proposed action or award. 21.3 The Sr. Purchasing Manager, or designee, is authorized to resolve a protest concerning a purchasing action through telephone discussions, mail, e-mail or in person meetings with the protesting Vendor. 23-0026 Laboratory Testing Services for Animal Care Page 10 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 21.4 After discussions or meetings, the Sr. Purchasing Manager or designee will issue a decision in writing, state the reasons for the action taken and inform the protesting Vendor of the right to review by a panel made up of City staff. 21.5 A City protest review panel will consist of an Assistant City Attorney, a representative of the operating department, the Sr. Purchasing Manager and any other appropriate personnel or employees of the operating department. 21.6 If the panel is unable to resolve the protest, or if the panel makes a decision with which the Vendor does not agree, the protesting Vendor will be invited to attend the City Council meeting at which the recommended award is to be presented to the City Council and make known his/her concerns. The protesting Vendor will be instructed to arrive prior to the start of the City Council meeting and complete a card requesting to speak concerning the particular Mayor and Council Communication document (M&C) in question. 21.6.1 Vendors wishing to speak before the City Council should review the rules for registering to appear before City Council located at: httD://fortworthtexas.aov/citvsecretarv/info/default.asDx?id=2914 on the City's website. 22.0 COOPERATIVE PURCHASING 22.1 Should other governmental entities decide to participate in this contract, Bidder, shall indicate in their proposals whether they agree that all terms, conditions, specification, and pricing would apply. 22.2 If the successful Bidder agrees to extend the resulting contract to other governmental entities, the following shall apply: Governmental entities within utilizing Contracts with the City of Fort Worth shall be eligible, but not obligated, to purchase material/services under this contract(s) awarded as a result of this solicitation. All purchases by governmental entities other than the City of Fort Worth shall be billed directly to that governmental entity and paid by that governmental entity. The City of Fort Worth shall not be responsible for another governmental entity's debts. Each governmental entity shall order its own material/services as needed. 23-0026 Laboratory Testing Services for Animal Care Page 11 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB PART 2 — SCOPE OF SERVICES AND/OR SPECIFICATIONS 1.0 SCOPE 1.1 The City of Fort Worth (City) seeks bids to finalize an agreement to provide Laboratory Testing Services for Animal Care for the Code Compliance Department on an "as - needed" basis in accordance with the specifications. Prospective responding bidders should ensure they download all attachments for complete responses and understanding of the agreement the City intends to award from this solicitation. The successful bidder(s), known hereafter as "Contractor"/"Vendor." 1.2 This Agreement shall begin upon award or execution of the City Secretary Contract ("Effective Date") and shall expire one year from the effective date, ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Upon the expiration of the Initial Term, the Agreement shall renew under the same terms and conditions for up to four (4) one-year renewal periods, unless City or Contractor provides the other party with notice of non -renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated, the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Vendor. 1.3 Following the award, additional goods/services of the same general category that could have been encompassed in the award of this Agreement, and that are not already on the Agreement, may be added based on the discount bid and price sheet provided with the bid. 1.4 Unit prices shall include all costs associated with the specified work, including but not limited to handling, delivery, fuel charges, fees and certifications fees. NO ADDITIONAL CHARGES WILL BE ACCEPTED OR PAID BY THE CITY. 1.5 The City reserves the right to add or remove departments and locations at the City's discretion. 1.6 Any material and/or services that have been omitted from this scope of service that are clearly necessary or in conformance shall be considered a requirement although not directly specified or called for in the scope of services. 1.7 The submission of a bid by the bidder shall be considered evidence of compliance with these requirements. 1.8 The awarded vendor(s) shall provide material and/or services of various types and sizes to include all necessary components to complete the installation or repairs. 2.0 DEFINITIONS 2.1 ACC - Animal Care and Control 2.2 SNAP® - Trademark or registered trademark of IDEXX Laboratories, Inc. 2.3 Department Contract Manager- City of Fort Worth employee assigned to manage the compliance, oversight and/or administration of the contract or project for their department of employment. 23-0026 Laboratory Testing Services for Animal Care Page 12 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 2.4 Designee - a City of Fort Worth employee assigned by the Department Contract Manager to assist with the compliance, oversight and/or administration of the contract or Project. 2.5 Price Adjustment Justification means documentation supporting a requested Price Adjustment and showing an objectively verifiable basis for a change in price due to the documented impact of economic conditions on labor, equipment, or materials. Examples of possible Price Adjustment Justification include, but are not limited to, cost indexes, and/or updated supplier price sheets. It is within the sole discretion of the City to determine whether Price Adjustment Justification is sufficient and/or acceptable. 3.0 TENTATIVE SCHEDULE OF EVENTS TASK DATE TIME Release Date Wednesday, February 1, 2023 Pre -Bid Conference Monday, February 6, 2023 Deadline for Questions Friday, February 10, 2023 5:OOPM (Local Time) Answer Deadline Wednesday, February 15, 2023 5:OOPM (Local Time) ITB Due Date Thursday, March 9, 2023 1:30PM (Local Time) Recommended Vendor Selection March 2023 Mayor and Council Consideration April 2023 Estimated Contract Execution April or May 2023 4.0 CHANGE IN COMPANY NAME OR OWNERSHIP 4.1 The Vendor shall notify the City's Sr. Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company 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. 5.0 BUSINESS EQUITY PROVISIONS 5.1 A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. 6.0 METHOD OF AWARD 6.1 Bids will be evaluated based upon bids received from a responsive and responsible bidder complying with all of the provisions of the solicitation, provided the bid price is 23-0026 Laboratory Testing Services for Animal Care Page 13 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB reasonable, and presents the best value to the City and it is in the best interest of the City to accept it. 6.1.1 A responsive bidder is defined to be one who submits a completed bid packet within the stated time deadline and in accordance with the bid specification. 6.1.2 A responsible bidder is defined to be one who demonstrates via responses to the selection criteria his/her ability to successfully deliver the supplies, equipment, or services being procured. 6.2 Bids that do not receive 50% or more of the total available points, excluding the points for price, will be deemed non -responsive. 6.3 The following criteria will be used to determine the best value: 6.3.1 Cost of Service — maximum 35 points 6.3.1.1 Cost will be evaluated based on the prices indicated in the Price Submittal. 6.3.2 Bidder's ability to meet the City needs — maximum 25 points 6.3.3 Bidder's experience, credentials and qualifications related to the scope of work — maximum 30 points 6.3.4 Bidder's years in business — maximum 10 points 6.3.4.1 Points will be distributed as follows: 6.3.4.1.1 Minimum of five (5) years in business — 5 points 6.3.4.1.2 More than five (5) years in business — 10 points 6.4 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 6.5 In order for the City to receive adequate coverage on its requirements as specified in the solicitation, the City reserves the right to make multiple awards. 6.6 The City reserves the right to accept or reject in whole or in part any or all bids received and to make an award on the basis of individual item, combination of items, or overall bid, as it is deemed in the best interest of the City. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 6.7 The City reserves and shall be free to exercise the right to evaluate bid in relation to performance record of bidder with the City itself, another municipal corporation of like size, or private corporations during the past two-year period. Such precautions are deemed to be in the public interest inasmuch as Vendor failure or inability to furnish items within the prescribed time can create emergency situations and impose unnecessary hardship on both the City as a municipal corporation and the public at large. 6.8 The evaluation factors listed above will be applied in a comparative manner to all eligible, responsive bids. Award may be made without discussion with Bidders after bids are received. Bids should, therefore, be submitted on the most favorable terms. 23-0026 Laboratory Testing Services for Animal Care Page 14 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 6.9 The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time agreements of a similar nature. 7.0 VENDOR REQUIREMENTS IN ORDER FOR BID TO BE EVALUATED In order for the bid to be evaluated the Vendor shall: 7.1 Have a minimum of five (5) years of experience providing Laboratory Testing Services for Animal Care, similar or related to the Scope of Services. 7.2 Have and operate a full-time, permanent business address with the ability to be reached by email and telephone. 7.3 Pick -Up specimen from Animal Care and Control (ACC) facility as detailed on Part 2, section 9.2 7.4 Meet the turnaround time for laboratory testing results as detailed on Part 2, section 9.3 8.0 VENDOR RESPONSIBILITIES The Vendor shall: 8.1 Provide all materials, containers, labor and transportation necessary to perform the services. 8.2 Deliver order(s) F.O.B Destination and all other delivery charges shall be included in the unit price. The person placing the order will provide delivery and billing information. No additional charges for expenses, freight, mileage, time, or similar items will be accepted or paid by the City. There may be instances when the Vendor may be asked to accelerate delivery of an order(s) due to extenuating circumstances. When this occurs and there is an additional cost, the Vendor must receive written approval from Department Contract Manager in order to order the materials. If written approval is not received from the Department Contract Manager, City shall not be liable for any costs. 8.3 Provide services on an as -needed basis, unless requested otherwise by Department Contract Manager or designee. Services will then be received as specified by the City on the Purchase Order. 8.4 Prove to the City that they are duly qualified and capable to fulfill and abide by the requirements listed herein. 8.5 Provide services during Hours of Operations described on Part 2, Section 9.6 excluding City Observed Holidays. 8.6 Understand IDEXX Laboratories part numbers and description are referenced. Any Manufacturer's names, trade names, brand names, or catalog numbers used in the specifications are there for the purpose of establishing and describing general performance and quality levels. Such references are not intended to be restrictive, and bids are invited on these and comparable brands or products of any manufacturer. Bidders offering products as equal to the products listed must include descriptive literature with their bid. Bidders shall provide samples at no charge to the City if requested by the Purchasing Division. 8.7 Be a manufacturer or an authorized dealer/distributor and must indicate in their response the appropriate designation that applies. 23-0026 Laboratory Testing Services for Animal Care Page 15 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 8.8 Supply all items and/or materials under the agreement(s) resulting from this bid shall be new, unused, of recent manufacture, and suitable for their intended purpose. 8.9 Perform services in a professional and workman -like manner. Be responsible and liable for the safety, injury and health of its working personnel while its contract workers are delivering services/materials. 8.10 Notify the Department Contract Manager or designee immediately if the Contractor encounters unforeseen conditions which impacts the services, which could not initially be evaluated. 8.11 The Department Contract Manager or designee shall have the right to approve or disapprove any and all substitutions. 9.0 SERVICES REQUIREMENTS 9.1 Laboratory Services 9.1.1 The laboratory services, whether with Vendor or through subcontractor, shall provide any and all necessary testing kits. 9.1.2 The Vendor shall also be able to provide off -site laboratory testing services. 9.1.3 The Vendor shall be able to provide in-house SNAP® test devices and analyzers that provide accurate and timely results for infectious diseases found in animals. 9.1.4 Include descriptive literature and/or specifications of equal item offered. 9.1.5 The SNAP® tests, analyzers, and offsite lab services should diagnose the following sickness: 9.1.5.1 Heartworm testing, offsite testing 9.1.5.2 Fecal testing with Giardia 9.1.5.3 Fecal testing without Giardia 9.1.5.4 Feline Leukemia individual 9.1.5.5 Feline Leukemia in combination with Feline Immunodeficiency Virus (FIV) testing 9.1.5.6 Parvovirus testing 9.1.6 Vendor shall be able to provide customer support, diagnostic support and technical support. Medical consultations regarding results and equipment shall also be made available. 9.1.6.1 If the City requests medical consultation services, the Vendor must contact requestor within one (1) hour and respond to the ACC facility if necessary within two (2) hours from the time of the call. 9.2 Specimen pick-up 9.2.1 Specimen shall be picked up daily after 6:OOPM (CST) at each of the ACC facilities. 23-0026 Laboratory Testing Services for Animal Care Page 16 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 9.2.2 All pick-ups shall be done solely by the Vendor. 9.2.3 No shipping or pick-up costs will be allowed. 9.2.4 ACC facilities: 9.2.4.1 Silcox Animal Care and Control Center 4900 Martin Street, Fort Worth, Texas 76119 9.2.4.2 North Animal Shelter 351 Hillshire Drive, Fort Worth, Texas 76052 Note: Part 2, section 1.5 authorizes the City to add or remove locations at the City's discretion. 9.3 Laboratory Testing Results 9.3.1 Turnaround time for laboratory testing results should not exceed twenty-four (24) hours from the time specimen is picked up from the ACC facility. 9.3.2 Outside laboratory services may include full diagnostic lab services such as serology, blood chemistries and blood counts, histopathology and bacteriology. These results should be made available by email notification, automatic download or via an online portal. 9.3.3 Preference will be given to laboratory services, whether the Vendor or through a subcontractor, provides electronic test results within twelve (12) hours to the ACC veterinarian. 9.4 Equipment 9.4.1 Clearly identify the brand name, make or model number; 9.4.2 Include descriptive literature and/or specifications of equal item offered; 9.4.3 Brand Name or Equal 9.4.3.1 Vendor shall understand if an item in this bid is identified as "brand name or equal," the purchase description shall reflect the characteristics and level of quality that will satisfy the City's needs. The brand name or equal designation is intended to be descriptive not restrictive. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the bid; 9.4.3.2 Vendor shall understand to be considered for award, offer of "equal" products, including "equal" products of the brand name manufacturer; shall meet the salient physical, functional, or performance characteristic specified in this bid; 9.4.3.3 Clearly indicate in its quote that the product being offered is an "equal" product, the vendor shall provide the brand name product referenced in the bid for each item as provided in the specifications; 9.4.3.4 Vendor shall understand the City will evaluate "equal" products on the basis of information furnished by the vendor or identified in the quote. The City is not responsible for locating or obtaining any information not identified in the offer. 23-0026 Laboratory Testing Services for Animal Care Page 17 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 9.5 Point of Contact: 9.5.1 For accessibility, the Contractor must designate at least one (1) person as Point of Contact with a current office phone number or cell phone number and an email address. 9.5.2 The Contractor's Point of Contact must respond to calls, voicemails, and emails within one (1) business day. 9.6 Hours of Operations: 9.6.1 Regular hours shall be: 9.6.1.1 Monday through Sunday 7:OOAM to 6:OOPM. 9.6.2 After-hours hours shall be: 9.6.2.1 Monday through Sunday 6:01 PM to 6:59AM; 9.7 City observed holidays: 9.7.1 New Year's 9.7.2 Martin Luther King 9.7.3 Memorial Day 9.7.4 Juneteenth 9.7.5 July 4th 9.7.6 Labor Day 9.7.7 Thanksgiving Thursday and the following Friday 9.7.8 Christmas 9.8 Contractor Personnel: 9.8.1 Identification 9.8.1.1 Contractor's employees are required to wear an identification badge, at all times while performing services under this agreement. 9.8.1.1.1 There may be times when the requesting department will issue City Contractor I.D. badges for the Contractor's employees. The I.D. badges shall be surrendered to the department representative upon the completion of each project. 9.8.2 Supervision 9.8.2.1 The Contractor shall, during all periods of contract performance, provide competent supervision of his/her employees to assure complete and satisfactory fulfillment of the work and the terms of this Contract. The Contractor or a capable, fully authorized representative 23-0026 Laboratory Testing Services for Animal Care Page 18 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB must be immediately available during all work activities to receive any and all special instructions from the authorized City employee. 9.8.2.1.1 The City shall have the right to require that the Contractor dismiss from the premises covered by this contract any employees of the Contractor whose conduct is improper, inappropriate, or offensive and such employees shall not be re-employed on the subject premises by Contractor without written consent of the City. 10.0 WARRANTY 10.1 Vendor shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Vendor warrants that the goods and services furnished will conform to Buyer's specifications and descriptions listed in the proposal invitation, and the sample(s) furnished by Vendor, if any. In the event of a conflict between Buyer's specifications, and descriptions, Buyer's specifications shall govern. 10.2 The City shall notify the Vendor, within a reasonable period of time after the discovery of any failure, defect or damage. 10.3 With respect to all warranties, expressed or implied, from manufacturers, or suppliers for services performed and materials furnished under this contract, the Vendor shall: 10.3.1 Obtain all warranties that would be obtained in normal commercial practice; 10.3.2 Enforce all warranties for the benefit of the City of Fort Worth. 10.4 This warranty shall not include failures attributable to accident, fire, or negligence on the part of City personnel. 10.5 Vendor shall: 10.5.1 Remedy at the Vendor's expense any non -conforming or defective products. The warranty shall continue for a period of ninety (90) days from the date of acceptance of the products by the City. 10.5.2 Understand if the Vendor fails to remedy any failure, defect or damage within reasonable time after receipt of notice, the City shall have the right to replace, repair or otherwise remedy the failure, defect or damage at the expense of the Vendor. 10.5.2.1 A reasonable time shall be defined as the time frame agreed upon by Vendor and the Department Contract Manager or designee, and shall be documented in writing and signed by both parties. 11.0 INVOICING REQUIREMENTS 11.1 The City of Fort Worth has implemented an automated invoicing system. 11.2 The Contractor shall send invoices electronically to our centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. This email address is not monitored so please do not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receipt and process supplier invoices. 23-0026 Laboratory Testing Services for Animal Care Page 19 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 11.3 Please include the following on the subject line of your e-mail: vendor name, invoice number, and PO number, separated by an underscore (ex: Example, I nc._123456_FW 013-0000001234) 11.4 To ensure the system can successfully process your invoice in an expedient manner, please adhere to the following requirements: • All invoices must be either a PDF or TIFF format. • Image quality must be at least 300 DPI (dots per inch). • Invoices must be sent as an attachment (i.e. no invoice in the body of the email). • One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. • Please do not send handwritten invoices or invoices that contain handwritten notes. • Dot matrix invoice format is not accepted. • The invoice must contain the following information: • Supplier Name and Address; • Remit to Supplier Name and Address, if different; • Applicable City Department business unit# (i.e. FW013); • Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); • Invoice number; • Invoice date; • Unit and total cost; and Invoices should be submitted after delivery of the goods or services. 11.5 To prevent invoice processing delays, please do not send invoices by mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ_FIN_AccountsPayable@fortworthtexas.gov. 11.6 If you are unable to send your invoice as outlined above at this time, please send your invoice to our centralized Accounts Payable department instead of directly to the individual city department. This will allow the city staff to digitize the invoice for faster processing. 11.7 If electronic invoicing is not possible, you may send your paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 The City's goal is to receive 100% of invoices electronically so that all supplier payments are processed efficiently. To achieve this goal, we need the Contractor's support. If Contractor has any questions, please contact the Accounts Payable team at (817) 392-2451 or by email to ZZ_FIN_AccountsPayable@fortworthtexas.gov. 11.8 Contractor shall not include Federal, State of City sales tax in its invoices. City shall furnish a tax exemption certificate upon Vendor's request. 23-0026 Laboratory Testing Services for Animal Care Page 20 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB 12.0 LAWS. REGULATIONS. AND ORDINANCES 12.1 The Vendor shall be responsible for meeting all Federal: laws, ordinances and regulations; State: laws, ordinance and regulations; County: laws, ordinances and regulations; and City: laws, ordinances, and regulations for safety of people, environment, and property. This includes, but is not limited to, all Federal, State, County, and City Agencies, Administrations and Commissions such as the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA). In the event any law, regulation or ordinance becomes effective after the start of this Agreement, the Vendor is required to comply with new policy. Any mandates requiring the City to comply with new guidelines will also require the Vendor to comply. 13.0 UNIT PRICE ADJUSTMENT 13.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the renewal period but before the effective date of the renewal upon written request from the Vendor. 13.2 The Vendor must submit its price adjustment request, in writing, at least 60 days before the renewal effective period. The Vendor shall provide written proof of cost increases with price adjustment request. 13.3 If the City concludes that the rate increase being requested is exorbitant, the City reserves the right to adjust the rate request, or reject the rate request in its entirety and allow the contract to expire at the end of the contract term. If the City elects not to exercise the renewal option, the Purchasing Division will issue a new solicitation. 13.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all associated freight and delivery costs. 13.5 Prices offered shall be used for bid analysis and for Agreement pricing. In cases of errors in extensions or totals, the unit prices offered will govern. 13.6 Upon expiration of the Agreement term the successful bidder, agrees to hold over under the terms and conditions of this Agreement for a reasonable period of time to allow the City to re -bid an agreement, not to exceed ninety (90) days. Vendor will be reimbursed for this service at the prior agreement rate(s). Vendor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extends beyond and survives the expiration or termination of this Agreement. 13.7 Goods and/or services shall not be suspended by the Vendor without a 30 day prior written notice to the City. 14.0 INSURANCE REQUIREMENTS 14.1 The Contractor shall carry insurance in the types and amounts for the duration of this contract as listed in the draft service agreement, Attachment E to this solicitation, and furnish certificates of insurance alony with copies of NJ1cy det Iaie(aorl pages a.lJ NJ'c� endor.5emer65 a5 evidencC Iherc-of. Failure to provide such information within five (5) calendar days may be grounds for Agreement termination. 15.0 PERFORMANCE 15.1 Failure of the City to insist in any one or more instances upon performance of any of the terms and conditions of this Agreement shall not be construed as a waiver or 23-0026 Laboratory Testing Services for Animal Care Page 21 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB relinquishment of the future performance of any terms and conditions, but the Vendor's obligation with respect to such performance shall continue in full force and effect. 16.0 SUBCONTRACTING 16.1 No subcontracting of the work under this contract will be allowed without written permission from the City. 17.0 HAZARDOUS CONDITIONS 17.1 The Vendor is required to notify the City immediately of any hazardous conditions and/or damage to any property. 17.2 Hazardous materials shall be handled with care and workers shall wear Personal Protective Equipment (PPE) while handling hazardous material. If there are questions regarding how to dispose of materials, the Contractor shall contact City of Fort Worth Code Compliance at 817-392-1234. 18.0 CONTRACT ADMINISTRATION AND TERMINATION 18.1 Contract administration will be performed by the City Department. In the event the Vendor fails to perform according to the terms of the agreement, The Department head or his/her designee will notify the Vendor, in writing, of its failures. A meeting may be arranged to discuss the Vendor's deficiencies. A written cure notice may be prepared giving the Vendor 14 calendar days to cure any deficiency. 18.2 In the event the Vendor continues with unsatisfactory performance, the department will promptly notify the Sr. Purchasing Manager who will take appropriate action to cure the performance problem(s), which could include cancellation, termination for convenience or default. If the agreement is terminated for default, the Vendor may be held liable for excess cost and/or liquidated damages. 18.3 The Vendor will be paid only those sums due and owing under the agreement for services satisfactorily rendered, subject to offset for damages and other amounts which are, or which may become, due and owing to the City. 18.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole convenience. In the event of such termination, the Vendor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subVendors to cease work. Subject to the terms of this agreement, the Vendor shall be paid a percentage of the agreement price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Vendor can demonstrate to the satisfaction of the City using its standard record keeping system, have resulted from the termination. However, in no event shall the total of all amounts paid to the Vendor exceed the agreement price. The Vendor shall not be reimbursed for any profits which may have been anticipated, but which have not been earned up to the date of termination. 19.0 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT 19.1 If the Federal award meets the definition of "funding eCFR — Code of Federal Regulations agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to 23-0026 Laboratory Testing Services for Animal Care Page 22 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 20.0 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 20.1 Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 21.0 DEBARMENT AND SUSPENSION 21.1 Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 22.0 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) 22.1 Firms that apply or bid for an award exceeding $100,000.00 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 22.2 Bidders shall provide proof of Byrd Anti -Lobbying Amendment certification filings with their bid, if the bid exceeds $100,000.00 23.0 NO BOYCOTT OF ISRAEL 23.1 If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 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" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 24.0 RIGHT TO AUDIT 24.1 Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the 23-0026 Laboratory Testing Services for Animal Care Page 23 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 25.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES 25.1 Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 26.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES 26.1 Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 23-0026 Laboratory Testing Services for Animal Care Page 24 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB ATTACHMENT -A CONFLICT OF INTEREST DISCLOSURE REQUIREMENT 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 (i.e. The City of Fort Worth) must disclose in the Questionnaire Forms 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 potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaires Form CIQ is enclosed with submittal documents. The form is also available at http://www.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. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Contractor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #7 box in all cases. 23-0026 Laboratory Testing Services for Animal Care Page 25 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1-D3AA1 29DI 8FB CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business witltl local governnigntal z?ntity This quesrionnaire reflects changes made m tho law by KB. 23. G4ih Leg., Regular Session OFF10E USE OhiL�' TNs guastonnaire u b&N lied in acmrdancawith Chapter 175- Local Govemment Code, by a vendor who Cate R-cE- t-c leas a busknms ralatiGnship as defined by Scotian 17ti-Doi(1-a) with a local gavetnmenta4 enlity and the vendof meets requirements under Seckri 17fi-DWaj- 9y law thm queshonnaire neat be liked with the records administrator at thg Irk govarrum tal entity not later than the 7th business day atfar ttie date the vendor bgocmias aware of tams tha; requkra the swamant to be fled. Sae Section 176-DOVa-1), Loral Govemmam Ccds- A vendor cr mmhs an ottense ff ths vendor kdmingfy vi 49M Sactitm 176.D46, Local Government Code- An offense Lrdw this ssdion is a misdemeanor. J Harm of vt1ndorwito has a business relationship with local governmental entity. IDEXX Distribution, Inc. Ij El ChackihFsbox ifyou arm filing in updaha toaprewious#yfUed quaslionnafra. Fi he law requires tha[yau file an updated completed quasti0nnair9 wish !ha appropriate Kling autherity not later than She 7th business day attar the data on which you became a vare that the ofiginally Ned questionnaire was inC:DMplefe ar inaccurate,} J blame of local government officer aborriwttomthe fntarrnatlon is being ifisclosed. NA Name of Officer J DescribcL each employment or other business refstmship vrith the local government officer, or a family member of the officer, as described by Section 176.00-q(aX2){A). Also describe any 3amily relationship with the local government officer. Compl,twsubpartsAandBtor eachemploymmtarhuafrressrelationshipde.scrlbed, Aimchadditional pagestothis Form CIO as necessary. A, is the Ical government offir_es or a family mamber of the officer recaorir:g or hkety to receive taxable Income, other than invasiment income, from the vendor? Yes 5� Nu B- Is theverrdor receiving or Iikety to i•aoeiwe taxable income, other than fineatrnent income, from or at the direction of the lacal gavemment officar ar a €amdy member of the officer AND the taxable income is not received from the local governmental entity? Yes E—x1No J Describe each employment or b usiness relationship th o t th a vend of narned in Section i rn aintains with a corporation or other business entity with rpspecl to which the local government officer series as an officer or director, or holds an ownership interest of one percent or more. NA J ❑ Checla this box if the vendor has goren the local govern meat officer or a family memto<ar of the officer one or more gifts as descrbed in Saatkan 176-0(G(a)(2)(B), excluding gifts described in Secwn 176-003(a-1)- J 11 Jan 2023 @ D bklSlliDSS w gDY@rrYlfiiBRSat $1"t�!' J3-3 Form provided by Texas Ethics C mrriission WNW.athics-state. IX -us Revised 11112D21 23-0026 Laboratory Testing Services for Animal Care Page 26 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB CONFLICT OF INTEREST IOU E TIONNAIRE For vendor doing business witty local governmentaI entity A complete copy of Chapter 176 of the Lout Government Code may be found at http.+ Www. siatutes_legis_state.tx _us+ Docs.;L&htm LG 17G.htm. For easy reference, below are some of the sections cited on Ibis farm_ Local Cove mnwni Code f3176.001(1-al : "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection base-d on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, stake, or local governmental ontity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a pu rch ase or lease of goods or services from a person that is ch artered by a state or federal agency and that is subject to regulafexam inadon by, and reporting to. that agency. Local Cove ryament Code 4176.0[?3(aV2WA1 and M: (a) A local government officer shall file a conflicts disclosure statement with respect to avendor if: (2) thevendor (A) has an employment or Other business relation s h ip with the lDcal government officer or a family member of the officer that results in the officer or family member receiving taxable income. other than investment income. that exceeds $2.500 during the 12-month period preceding the date that [he officer becomes aware that (i) a contract between the I oval gcrrern mental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contracl with the vendor: (B) has given to 0-w local government officer or a famity fnern ber of lhe officer one or rnore gds tha[ have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (f) a contract between the local govern menial entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor_ Local Government Code 4176.U06ta) and (a-11 (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationsh1p wilh a local governmemal entity and: (1) has an employment or other business relauonshipwith a local governmentofficer o€that local governmental entity, or a family member of the officer. described by Section 176.003{a}(2)(A); (2) h as given a local gov emment officer of that I ocal govern mental entity, or a family member of the offtcar, one or more gif[swith the aggregate value specified by Section 176.003(a)(2)(B), excfudina any gitt described by Section 176.003(a- I); or (31 has afamily rel ation sh ip with a local government officer of that local governmental entity- (a- 1) The CDrnpleted conflict of interest questionnaire must be fHedwith the appropriate records administrator no€ later than the seventh business day after the later of: (1) Me date that the vendor (Al begins discussions flr negotiations to enter into a contract with the local gavommental entity; or (B) submits to the local governmental entity an applicatfon, response to a tequesl far proposals or bids, correspondence, or another writing related fo a potential contract with the local governmental entity; or (2) me date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officar, described by Subsection (a): (B) That thevendar has given one or mare gifts described by Subsection (a); or (C) of a family relationsh ip with a local government officer_ Form provid9d by Texas Ethics C.agm issiov www_9thics.stats_Ix.us Reursed 11;,2021 23-0026 Laboratory Testing Services for Animal Care Page 27 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB ATTACHMENT - B BIDDER CONTACT INFORMATION Bidder's Name: IDEXX Distribution, Inc. Bidder's Local Address: One IDEXX Dr. Westbrook, ME 04092 Hours of Operations: Varies Phone: 207.556.0300 Fax: 207.556.4346 After Business Hours Phone Number: None Email: aubrev-martina-idexx.com Point of Contact: Name/Title Aubrey Martin/Veterinary Diagnostic Consultant II Phone: 254,592,3249 Fax: 207.835.4721 After Business Hours Phone Number: same Email: aubrev-martina-idexx.com Backup (s): Name/Title Darren Depper/ Regional Sales Manager North Texas Phone: 469.525.9785 Fax: NA After Business Hours Phone Number: Same Email: darren-depperC�idexx.com Name/Title NA Phone: NA Fax: NA After Business Hours Phone Number: NA Email: NA By signing this page, the Vendor confirms the people listed above will serve as the contact for City of Fort Worth. Vendor shall otify the City if any changes are made to the contact lists. wRz�e- Aubrey Martin 3/2/23 Signaf6re Printed Name Date 23-0026 Laboratory Testing Services for Animal Care Page 28 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-8011-D3AA129D18FB ATTACHMENT-C BIDDER QUALIFICATION QUESTIONNAIRE 1. Describe bidder's years of knowledge and expertise in providing Laboratory Testing Services for Animal Care to a similar or same size entity In business since 1991. 2. How many years has your company been in business under its present name? 1991 3. List any former names your company has operated under and the timeframe. Name Im Timeframe NA 4. Is your company able to meet the turnaround time for laboratory testing results required on this Invitation to Bid? Yes ® No ❑ . If answered "No", please state the turnaround time your company will be able to provide these services (nnci dt our Directory of Services for stated TAT 5. Is your company able to pick up the specimen(s) from the ACC facility as required on this Invitation to Bid? Yes 129 No ❑ . If answered "No", please state the procedure your company will utilize to meet this requirement 6. How many employees will be performing the services requested? NA 7. Does your company keep personnel on call for emergency requests? Yes ❑ No KI 8. Does your company have the ability to provide services 24 hours a day, seven days a week, including City Observed Holidays if required by the City of Fort Worth? Yes ❑ No I$ 9. Is your company the manufacturer or authorized distributor for the equipment listed on the Price Submittal pages from Line 7 to Line 9 of this Invitation to Bid? Yes IN No ❑ 10. Is your company certified to provide maintenance services for the equipment listed on the Price Submittal pages from Line 7 to Line 9 of this Invitation to Bid? Yes IX No ❑ 11. Please describe in a separate sheet, your company's method of quality control. I hereby attest that all information provided in Attachment - C has been completed to the best of my knowledge, truthfully. Name: Aubrey Martin Signature: WA/"e, � Title: Veterinary Diagnostic Consultant II Date: 3/2/23 23-0026 Laboratory Testing Services for Animal Care Page 29 of 32 DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB ATTAC HM EST - D REFERENCE SHEET flfdders shall' provide a refereme list or a mirtinum cf three {3 � currerTt customers (comparablLz in size) who the balder has recently* pravided LabacawyTesting Services for Animal Care, an a corknuing basis omer We l.asl fire (5) }years period- The CItyr wiff be the sde judge of references. Please use additibnal sheets if n ssary- 1. C-ornparrys~Nasne N49me of Ccrrtact Title :Df Gaulact Present Address City. Ste, Zip Code Telephone Number Email 2- CompanVs Name Name of Contac* Tilde oaf Conti3a Present Address City, StAe, Zip Cade Telephone Number Email 3. C-ompan-js Name K43nVe Of CCrTtact T-&e OF cor"OL PresonAddress C#yr, Stam, Zip Cade Ter apthorre Number Email Dallas Animal: Services 1§4kh sal pl ir4 Manager. Medical S+emices 1B19 N. Westrnereland Rd Dallas, TX 7b232 ( 214 ? 157{>--B8,010 Fax Number michael.burk dsilas.aorr SPCA of Texas-- Martin Clinic, .tan Rees JDnes Shelter- Deafe} Rescue Center Gerson. Perez Manager, Medical Services 240a Lodge Slag ariv-P as. Texas 75212 214 � 742-7 Fax Number drerez6saca-om Praire'Faws Adopdon Cemer 22221V W amor Trai I Gram Prairie, TX 75W2 972 � 23743575 Fax Num tier CallerAMUZWu Lily Yap Division Manager I her-eby atte{ t that all inFwmatiDn provided in Attarhm rd - il has been completed to the best of my knowledge- trulhf-ulky. Name-. Atfixey Martin Signature- � �s Tile: Veterinafy Diagnostic Consultsrrd II Date: 3116M 23-Da25 Labora{ary Terms SFYt M for AriM31 Care DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB IDEXX in-house diagnostics 2023 Order Form Practice name Requestor PO # SNAP' tests For use with 9 9 SNAP test pricing reflects SNAP Up The Savings® program discount.* Qty Product code Product name Quantity Price/box* Price/unit* Canine 99-0011516 SNAP® 4Dx® Plus Test 30 Tests/box $629.70 $20.99 99-09440 SNAP® Heartworm RTTest 30 Tests/box 164.70 5.49 99-09439 SNAP® Heartworm RT Test 15 Tests/box 98.85 6.59 99-29301 SNAP® Lepto Test 10 Tests/box 226.90 22.69 99-29849 SNAP® Lepto Test 5 Tests/box 131.45 26.29 99-13419 SNAP® cPL' Test 10 Tests/box 241.90 24.19 99-09511 SNAP® Giardia Test 15 Tests/box 191.85 12.79 99-09214 SNAP® Parvo Test 5 Tests/box 106.45 21.29 Feline - 99-0000673 SNAP® Feline Triple® Test 30 Tests/box 671.70 22.39 - 99-0000672 SNAP® Feline Triple® Test 15 Tests/box 383.85 25.59 99-08354 SNAP® FIV/FeLV Combo Test 30 Tests/box 671.70 22.39 99-08353 SNAP® FIV/FeLV Combo Test 15 Tests/box 383.85 25.59 - 99-14760 SNAP® fPL'" Test 10 Tests/box 163.90 16.39 99-26954 SNAP® fPL` Test 5 Tests/box 114.95 22.99 99-0001174 SNAP® Feline proBNP Test 10 Tests/box 171.90 17.19 99-0001173 SNAP® Feline proBNP Test 5Tests/box 97.45 19.49 99-09440 SNAP® Heartworm RTTest 30 Tests/box 164.70 5.49 99-09439 SNAP® Heartworm RTTest 15 Tests/box 98.85 6.59 99-07896 SNAP® FeLV Test 30 Tests/box 479.70 15.99 99-07895 SNAP® FeLV Test 15 Tests/box 254.85 16.99 Equine 99-09330 SNAP® Foal IgG Test 10 Tests/box 238.90 23.89 99-11863 SNAP® Foal IgG Test 5 Tests/box 132.45 26.49 • Compatible with the SNAP Pro* Analyzer • Compatible with the SNAPshot Dx® Analyzer To place an order, go to idexx.com/order, email caginsidesalescenter@idexx.com, fax to 1-207-556-3200, or call 1-888-79-IDEXX. Date Account# Account # is required for processing. Phone FESediVue DxO Urine Sediment Analyzer Product code Product name Quantity Price/run 95-0006026-00 SediVue Dx® patient run 1 Run $19.55 95-0006027-00 SediVue Dx* QC run 1 Run 7.10 The SediVue Dx analyzer follows the Pay -per -Run system, where SediVue V70i" cartridges, pipette tips, and QC fluid are shipped automatically based on analyzer usage. Customers are billed monthly for each run completed. Please call if supplies are needed sooner. ❑0 ProCyte One' Hematology Analyzer Qty Product code Product name Quantity List price Consumables 95-0013957-00 ProCyte One® patient run 1 Run $10.85 95-0013958-00 ProCyte One® SmartQC* Plan 1 Month 17.70 The ProCyte One analyzer follows the Pay -per -Run system, where reagent packs, sheath packs, SmartQC® Control vials, and filters are shipped automatically based on analyzer usage. Customers are billed monthly for each run completed as well as a SmartQC plan fee. Please call if supplies are needed sooner. ProCyte Dx° Hematology Analyzer Qty Product code Product name Quantity List price Price/unit Consumables 99-26306-00 ProCyte Dx® Reagent Kit 1 Kit $497.50 $10.15' 98-71001-00 ProCyte Dx® Stain Pack 1 Pack 140.75 0.70 98-09459-01 VetCollect°Tubes 50 Tubes/box 44.31 0.89 tMay vary. Based on usage of two CBCs per day. LaserCyte° Dx Hematology Analyzer LaserCyte° Hematology Analyzer Qty Product code Product name Quantity List price Price/unit Consumables 98-30011-02 LaserCyte®CBC5RTest Kit 50Tests/box $567.50 $11.35 98-09459-01 VetCollect®Tubes 50Tubes/box 44.31 0.89 hIDEXX VetAutoreadTm Hematology Analyzer Qty Product code Product name Quantity List price Price/unit Consumables 98-21181-00 IDEXX VetTubes'" 100 Tubes/box $1,300.00 $13.00 *Shelter, university, and corporate accounts are not eligible to participate in the SNAP Up The Savings program. ' `� `^�` Bill %mow 1 Pricing effective as of January 1, 2023. However, IDEXX reserves the right to update or otherwise change this pricing from time to time. The applicable terms and conditions available at idexx.com/naterms apply. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB 101 1 Catalyst One' Chemistry Analyzer R Catalyst Dx° Chemistry Analyzer Qty Product code Product name Quantity Price/bundle' Price/unit' Bundled profiles* 99-0013506 Catalyst® Chem 18 Profile 12 Profiles $629.88 $52.49 99-0013505 Catalyst® Chem 16 Profile 12 Profiles 617.88 51.49 99-0013504 Catalyst® Chem 11 Profile 12 Profiles 456.48 38.04 99-0013052 Catalyst® Kidney Recheck Profile 12 Profiles 287.88 23.99 99-0011056 Catalyst® Comprehensive Profile 12 Profiles 955.80 79.65 99-0011057 Catalyst® Feline Profile 12 Profiles 943.80 78.65 99-0010317 Catalyst® Preanesthetic Profile 12 Profiles 598.08 49.84 99-0010318 Catalyst® NSAID Profile 12 Profiles 404.88 33.74 *Bundled profiles provide one box of each diagnostic, including SDMA, to run a full profile Bundled profile pricing reflects promotional discount Some restrictions may apply Qty Product code Product name Quantity List price Price/unit CLIPS 98-11003-02 Catalyst® Chem 17 CLIP 12 CLIPs/box 546.00 45.50 98-11004-01 Catalyst® Chem 15 CLIP 12 CLIPs/box 534.00 44.50 98-11005-01 Catalyst' Chem 10 CLIP 12 CLIPs/box 372.60 31.05 98-11009-02 Catalyst® Lyte 4 CLIP 12 CLIPs/box 141.60 11.80 98-11007-01 Catalyst® NSAID 6 CLIP 12 CLIPs/box 321.00 26.75 98-11006-01 Catalyst® Equine 15 CLIP 12 CLIPs/box 484.20 40.35 Single slides 98-11065-01 Catalyst® Albumin (ALB) 12 Slides/box 81.60 6.80 98-11066-01 Catalyst® Alkaline Phosphatase 12 Slides/box 81.60 6.80 (ALKP) 98-11067-01 Catalyst' Alanine 12 Slides/box 81.60 6.80 Aminotransferase (ALT) 98-11068-01 Catalyst® Amylase (AMYL) 12 Slides/box 81.60 6.80 98-11069-01 Catalysts Aspartate 12 Slides/box 81.60 6.80 Aminotransferase (AST) 99-0004642 Catalyst® Bile Acids 6 Slides/box 134.29 22.38 Catalyst' Blood Urea Nitrogen 98-11070-01 12 Slides/box 81.60 6.80 98-11071-01 Catalyst® Calcium (Ca) 12 Slides/box 81.60 6.80 98-11072-01 Catalyst® Cholesterol (CHOL) 12 Slides/box 81.60 6.80 98-11073-01 Catalyst® Creatine Kinase (CK) 12 Slides/box 81.60 6.80 98-11074-01 Catalyst® Creatinine (CREA) 12 Slides/box 81.60 6.80 st' C-Reactive Protein 99-0004959 (CRP) 6 Slides/box 71.07 11.85 Qty Product code Product name Quantity List price Price/unit Single slides, continued 99-0003341 Catalyst® Fructosamine (FRU) 6 Slides/box 134.10 22.35 Catalyst® Gamma- 98-11075-01 glutamyltransferase (GGT) 12 Slides/box 81.60 6.80 98-11076-01 Catalyst® Glucose (GLU) 12 Slides/box 81.60 6.80 98-11077-01 Catalyst® Lactate (LAC) 12 Slides/box 81.60 6.80 98-11078-01 Catalyst' Lactate dehydrogenase 12 Slides/box 81.60 6.80 (LDH 98-11079-01 Catalyst® Lipase (LIPA) 12 Slides/box 81.60 6.80 98-11080-01 Catalyst® Magnesium (Mg) 12 Slides/box 81.60 6.80 98-11081-01 Catalyst® Ammonia (NH3) 12 Slides/box 81.60 6.80 Catalyst® Phenobarbital 99 27797 (PHBR) 6 Tests/box 134.10 22.35 Catalyst® Inorganic Phosphate 98-11083-01 (PHOS) 12 Slides/box 81.60 6.80 99-0008720 Catalyst® Progesterone 6 Slides/box 246.60 41.10 99-0014065 Catalyst® Symmetric 12 Slides/box 268.20 22.35 Dimethylarginine (SDMA) 98-11084-01 Catalyst® Total Bilirubin (TBIL) 12 Slides/box 81.60 6.80 98-11085-01 Catalyst® Total Protein (TP) 12 Slides/box 81.60 6.80 99-0001000 Catalyst® Total T4 (TT4) 12 Slides/box 268.20 22.35 98-11086-01 Catalyst® Triglycerides (TRIG) 12 Slides/box 81.60 6.80 98-11087-01 Catalyst® Uric Acid (URIC) 12 Slides/box 81.60 6.80 98-11008-01 Catalysts Urine P:C Ratio 6 Ratios/box 104.10 17.35 99-14574-00 Catalysts Urine P:C Diluent 24 Ratios/ 20.00 0.83 bottle Quality control 98-13700-00 Catalyst® QC CLIP 6 CLIPs/box 173.70 28.95 98-11379-00 VetTrol' Control 4 Sets/box 43.00 10.75 Accessories Catalyst® Lithium Heparin Whole 40 Separators/ 98-14323-00 Blood Separators box 41.20 1.03 98-12129-00 Catalyst® Whole Blood Separators 4OSeparators/ 70.14 1.75 98-12125-01 Catalyst® Pipette Tips 500 Tips/box 43.87 0.09 98-12128-00 Catalyst® Sample Cups 450 Cups/box 43.87 0.10 98-13128-00 Transfer Pipettes-1 mL 500 Pipettes/bag 49.98 0.10 Whole Blood Sample 98-17321-00 50 Tips/bag 5.18 0.10 Pipette Tips Catalyst® Whole Blood 98-17320-00 Pipettor-700 pL 1 Pipettor 57.06 57.06 ' ■� �w 2 Pricing effective as of January 1, 2023. However, IDEXX reserves the right to update or otherwise change this pricing from time to time. BEEF `^�` The applicable terms and conditions available at idexx.com/naterms apply. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB VetTeste, Chemistry Analyzer Qty Product code Product name Quantity List price Price/unit Qty Product code Product name Quantity List price Price/unit Profiles Quality control 98-10835-00 VetTest® Diagnostic Health 2 Profiles/box $111.66 $55.83 - 98-13952-00 VetTest® Quality Control Panel 4 Panels/box 149.68 37.42 - Profile 98-11379-00 VetTrol" Control 4 Sets/box 43.00 10.75 98-20590-00 VetTest® General Health Profile 2 Profiles/box 112.00 56.00 Accessories - 98-21718-US VetTest® Preanesthetic Panel 4 Panels/box 160.00 40.00 - 98-13127-00 VetTest® Sample Cups 250 Cups/bag 20.55 0.08 - 98-10834-00 VetTest® NSAID Monitoring Panel 4 Panels/box 125.21 31.30 98-13128-00 Transfer Pipettes-1 mL Pipettes/ 49.98 0.10 - bag - 98-24021-US VetTest® Equine Health Profile 2 Profiles/box 91.80 45.90 Single slides _ 98-13131-01 Kimwipes® Disposable Wipes boo Tissues/ 8.67 0.03 98-24000-US VetTest® Albumin (ALB) 12 Slides/box 91.71 7.64 98-12044-00 VetTest® Pipette Tips 500 Tips/box 49.65 0.10 VetTest® Alkaline Phosphatase - 98-24001-US (ALKP) 12Slides/box 100.84 8.40 VetTes98-24010-US 12Slides/box 100.84 8.40 � VetStat° Electrolyte and Blood Gas Analyzer Aminotansferne Aminotransferase (ALT) Qty Product code Product name Quantity List price Price/unit 98-24002-US VetTest® Amylase (AMYL) 12 Slides/box 98.53 8.21 Consumables 98-24016-US VetTest® Aspartate 12 Slides/box 99.49 8.29 - 98-19200-00 VetStat® Electrolytes 8 Plus 5 Cassettes/box $76.25 $15.25 Aminotransferase (AST) - 98-19201-00 VetStat® Respiratory/Blood Gases 5 Cassettes/box 122.25 24.45 VetTest® Blood Urea Nitrogen - 98-24003-US (BUN) 12 Slides/box 100.84 8.40 98-19202-00 VetStat®Ionized Calcium 5 Cassettes/box 92.25 18.45 - 98-24004-US VetTest® Calcium (Ca) 12 Slides/box 89.56 7.46 98-13899-00 VetStat® Calibration Gas 1 Canister 79.24 79.24 - 98-24005-US VetTest® Cholesterol (CHOL) 12 Slides/box 98.53 8.21 Quality control - 98-24006-US VetTest® Creatine Kinase (CK) 12 Slides/box 107.89 8.99 30 Ampoules/ - 98-13966-00 VetStat®OPTI-Check box 101.70 3.39 98-24007-US VetTest® Creatinine (CREA) 12 Slides/box 100.84 8.40 Accessories - 98-24008-US VetTest® Gamma- glutamyltransferase (GGT) 12 Slides/box 107.89 8.99 98-09834-00 Lithium Heparin Capillary Tubes 100 Tubes/vial 49.49 0.49 - 98-24009-US VetTest® Glucose (GLU) 12 Slides/box 91.71 7.64 98-20385-00 Thermal Paper 5 Rolls/pack 37.01 7.40 98-11254-00 VetTest®Lactate (LAC) 12 Slides/box 127.35 10.62 Sample collection 98-24011-US VetTest® Lactate Dehydrogenase 12 Slides/box 104.00 8.67 - (LDH) Qty Product code Product name Quantity List price Price/unit - 98-24012-US VetTest® Lipase (LIPA) 12 Slides/box 107.89 8.99 Tubes - 98-24013-US VetTest® Magnesium (Mg) 12 Slides/box 104.00 8.67 98-13197-02 Mini Light Green -Top Tube (Light 100 Tubes/bag $112.32 $1.12 _ GNTT)/PST-Lithium Heparin 98-24014-US VetTest® Ammonia (NH3) 12 Slides/box 111.78 9.32 Green -Top Tube (GNTT)- - 98-0004888-01 1.3 mL, Lithium Heparin 100 Tubes/bag 40.49 0.40 VetTest® Inorganic Phosphate 98-24015-US (PHOS) 12 Slides/box 98.53 8.21 Lavender -Top Tube (LTT)- 98-21348-00 100 Tubes/bag 56.19 0.56 - 98-24017-US VetTest Total Bilirubin (TBIL) 12 Slides/box 98.53 8.21 1.3 mL, EDTA Red -Top Tube (RTT)- 98-24018-US VetTest® Total Protein (TP) 12 Slides/box 89.56 7.46 - 98-0005048-01 1.3 mL with Clot Activator 100 Tubes/bag g 41.42 0..41 98-24019-US VetTest® Triglycerides (TRIG) 12 Slides/box 103.95 8.66 98-24020-US VetTest® Uric Acid (URIC) 12 Slides/box 94.47 7.87 ' ■� �w 3 Pricing effective as of January 1, 2023. However, IDEXX reserves the right to update or otherwise change this pricing from time to time. `� `^�` The applicable terms and conditions available at idexx.com/naterms apply. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB SNAPshot Dx"� Analyzer Qty Product code Product name Quantity List price Price/unit Consumables 99-17098 SNAP® Cortisol Test 6 Tests/box $132.90 $22.15 IDEXX VetLab° UATM Analyzer Qty Product code Product name Quantity List price Price/unit Consumables 98-08804-00 IDEXX Lli Strips 100 Tests/vial $99.99 $0.99 Quality control 98-10189-01 IDEXX VetLab® LA- Calibration 50 Strips/vial 144.26 2.89 Strips Coag Dx'M Coagulation Analyzer Qty Product code Product name Quantity List price Price/unit Consumables (Synbiotics SCA2000 compatible) 99-13879 Coag Dx" Prothrombin Time (PT) box Cartridges/ $173.50 $17.35 99 13881 Coag Dx" Activated Partial 10 Cartridges/ 173.50 17.35 Thromboplastin Time (aPTT) box 99 13884 Coag Dx" Citrate Prothrombin 10 Cartridges/ 173.50 17.35 Time (PT) box Coag Dx" Citrate Activated 10 Cartridges/ 99-13885 Partial Thromboplastin Time box 173.50 17.35 (aPTT) Accessory 07-14507-01 Sodium Citrate (3.2i) Tube— Each 0.56 0.56 1.8 mL © 20221DEXX Laboratories, Inc. All rights reserved. • 106266-28 • VetAutoread is a trademark of QBC Diagnostics, Inc Kirr ipes is a registered trademark of Kimberly-Clark Corporation. All other ®/TM marks are owned by IDEXX Laboratories, Inc. or its affiliates in the United States and/or other countries. The IDEXX Privacy Policy is available at idexx.com. ' ■m% �w 4 Pricing effective as of January 1, 2023. However, IDEXX reserves the right to update or otherwise change this pricing from time to time. The applicable terms and conditions available at idexx.com/naterms apply. DocuSign Envelope ID: BOF4BF96-7060-42CC-801 1 -D3AA1 29D1 8FB EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY IDEXX DISTRIBUTION, INC ONE IDEXX DR WESTBROOK, ME 04092 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor 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 Contractor. Name: Position: Signature 2. Name: Position: Signature Name: Position: Signature N'W;-geed by: F,Zriy-UA,A.t,( jWaE e RWesident / CEO Other Title: corporate vice President Date: May-09-2023 5/15/23, 2:42 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORT WORTH REFERENCE **M&C 23- 13P ITB 23-0026 LABORATORY DATE: 4/11/2023 NO.: 0270 LOG NAME: TESTING SVCS FOR ANIMAL CARE MC CODE CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Purchase Agreement with IDEXX Distribution, Inc. for Laboratory Testing Services in an Annual Amount Up to $250,000.00 for the Initial Term and Authorize Four One -Year Renewal Options for the Same Amount for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize execution of a purchase agreement with IDEXX Distribution, Inc. for laboratory testing services in an annual amount up to $250,000.00 for the initial term and authorize four one-year renewal options for the same amount for the Code Compliance Department. DISCUSSION: The Code Compliance Department approached the Purchasing Division to procure an agreement for laboratory testing services with qualified laboratories to provide all necessary testing kits, off -site laboratories testing services, and in-house testing devices and analyzers for the City's animal control and sheltering services. The City will utilize this agreement to accurately and timely obtain results for infectious diseases found in animals housed at the City of Fort Worth (City) Animal Care and Control facilities. In order to procure these services, staff issued an Invitation to Bid (ITB) No. 23-0026. The ITB consisted of detailed laboratory testing specifications for each of the testing kits and equipment solicited. Furthermore, the ITB required that potential bidders must comply with minimum requirements; in particular, the ability to pick-up specimen from the animal care and control facilities and meet the turnaround time for laboratory testing results. The ITB was advertised in the Fort Worth Star -Telegram on February 1, 2023, February 8, 2023, February 15, 2023, February 22, 2023, March 1, 2023, and March 8, 2023. The City received one (1) response. An evaluation panel, consisting of representatives from the Code Compliance and Water Departments reviewed and scored the submittal using Best Value criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the following table: Bidders Evaluation Criteria a b c d Total Score IDEXX Distribution, Inc. 16.88 20.25 8.00 35.00 80.13 Best Value Criteria: (a) Bidder's ability to meet the City's needs; (b) Bidder's experience, credentials and qualifications related to the scope of work; (c) Bidder's years in business; and (d) Cost of service. After evaluation, the panel concluded that IDEXX Distribution, Inc. presented the best value to the City. Therefore, the panel recommends that Council authorize an agreement for laboratory testing apps.cfwnet.org/council_packet/mc_review.asp?I D=30897&counciIdate=4/11 /2023 1 /3 5/15/23, 2:42 PM M&C Review services for animal care with IDEXX Distribution, Inc. No guarantee was made that a specific amount of services would be purchased. Staff certifies that the recommended vendors bids meet specifications. FUNDING: The maximum amount allowed under this agreement Citywide will be $250,000.00; however the actual amount used will be based on the need of the department and available budget. The annual department allocation for this agreement is: Department Estimated Annual Amount Account Name Code Compliance $250,000.00 Animal testing and diagnosis supplies Funding is budgeted in the Code Compliance rollup within the General Fund. DVIN-BE: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and shall expire one year from that date. RENEWAL OPTIONS: The City shall have four one-year options to renew the Agreement. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project ' Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Year I (Chartfield 2) Reginald Zeno (8517) Valerie Washington (6192) Reginald Zeno (8517) Brandon Bennett (6322) Jo Ann Gunn (8525) Maria Canoura (2526) Amount 13P ITB 23-0026 LABORATORY TESTING SVCS FOR ANIMAN CARE MC CODE.docx (Public) BU023 - FID Table.xlsx (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30897&cou nciIdate=4/11 /2023 2/3