HomeMy WebLinkAboutContract 59625CSC No. 59625
FORT WORTH.
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH ("City"), a Texas home -rule municipal corporation, acting by and
through its duly -authorized Assistant City Manager, and DNA LABS INTERNATIONAL ("Vendor")
acting by and through its duly -authorized representative, each individually referred to as a "party" and
collectively referred to as the "parties."
1. Scope of Services. City seeks to utilize an external DNA testing provider for the purpose of testing
biological material in cold cases and active cases, reducing backlogs, and reducing turnaround times
("Services"), which is set forth in more detail in Exhibit "A," attached hereto and incorporated herein for
all purposes.
2. Term. The initial term of this Agreement is for one (1) year, beginning on the date that
this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated
earlier in accordance with this Agreement. This Agreement may be renewed for four (4) consecutive one-
year terms (each a "Renewal Term") upon mutual written agreement of the Parties. The City shall provide
Vendor with written notice of its intent to renew at least thirty (30) days prior to the end of Term.
Compensation.
3.1 Vendor understands and agrees that the City will award non-exclusive service
agreements to multiple bidders for DNA testing as outlined in City of Fort Worth Bid Solicitation
(ITB No. 23-0049). City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Vendor
further understands that the aggregate amount of all contracts awarded to multiple vendors under
ITB No. 23-0049 shall not exceed ONE MILLION EIGHTY-NINE THOUSAND THREE
HUNDRED AND EIGHT DOLLARS AND 0/100 ($1,089,308.00) and the City makes no
promise or guarantee of the total amount of work that will be assigned to Vendor under this
Agreement.
3.2 City will pay Vendor in accordance with the Prompt Payment Act (Chapter 2251
of the Texas Government Code) and provisions of this Agreement, including Exhibit `B," which is
attached hereto and incorporated herein for all purposes.
3.3 Vendor 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 Vendor not specified
by this Agreement unless City first approves such expenses in writing.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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4. Termination.
4.1 Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-ADDroDriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement 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 Vendor for services actually rendered up to the effective
date of termination and Vendor 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, Vendor will provide City with copies of all completed or partially
completed documents prepared under this Agreement. In the event Vendor has received access to
City Information or data as a requirement to perform services hereunder, Vendor 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. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it 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 Vendor. It will be the responsibility of Vendor 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. Vendor 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. Vendor 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,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
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identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor 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 Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor 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 Vendor
reasonable advance notice of intended audits.
7. Indeuendent Contractor. It is expressly understood and agreed that Vendor 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, Vendor 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, vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a co -employer or a joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor 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, or contractors.
8. Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY,
INCLUDING, INCLUDING, BUT NOT LIMITED TO, DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE
EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR
INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, REPRESENTATIVES,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES, FROM AND AGAINST
ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND PERSONAL INJURY, INCLUDING, BUT NOT LIMITED TO, DEATH, TO
ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS
OR MALFEASANCE OF VENDOR, ITS OFFICERS, AGENTS, REPREENTATIVES,
SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
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8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software 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 Vendor bears the cost and expense
of payment for claims or actions against City pursuant to this section, Vendor 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 Vendor in doing so. In the event
City, for whatever reason, assumes the responsibility for payment of costs and expenses for
any claim or action brought against City for infringement arising under this Agreement, City
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,
Vendor will fully participate and cooperate with City in defense of such claim or action. City
agrees to give Vendor timely written notice of any such claim or action, with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption
of payment of costs or expenses will not eliminate Vendor's duty to indemnify City under this
Agreement. If the software and/or documentation or any part thereof is held to infringe and
the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such
use is materially adversely restricted, Vendor 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 noninfringing,
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 documentation with
equally suitable, compatible, and functionally equivalent non -infringing software and
documentation at no additional charge to City; or (d) if none of the foregoing alternatives is
reasonably available to Vendor terminate this Agreement, and refund all amounts paid to
Vendor by City, subsequent to which termination City may seek any and all remedies
available to City under law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor 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 Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
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10. Insurance. Vendor 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:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) 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
(c) Professional Liability (Errors & Omissions): ❑ Applicable ❑ N/A
$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 Requirements
(a) The commercial general liability policy 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) 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
acceptable in the event of non-payment of premium. Notice must be sent to the
City in accordance with the notice provision of this Agreement.
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(c) 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.
(d) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Comuliance with Laws, Ordinances, Rules and Regulations. Vendor 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
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement 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
same address
To VENDOR:
DNA LABS INTERNATIONAL
Attn: Allison Nunes, COO & Laboratory Director
700 W Hillsboro Blvd. Bldg. 3
Deerfield Beach, FL 33441
Contractsndnalabsintemational.com
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14. Solicitation of EmiDlovees. Neither City nor Vendor 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 Vendor 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
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement 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 Vendor 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 maj eure 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
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ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits.
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. 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.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor 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 Vendor for the nonconforming
services.
25. Immigration Nationalitv Act. Vendor 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, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor 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 Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. 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, Vendor hereby expressly assigns to City all exclusive right, title and interest in and to the Work
Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other
proprietary rights therein, that City may have or obtain, without further consideration, free from any claim,
lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. 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
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Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Companv Name or Ownership. Vendor 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 Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. 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.
30. Prohibition on Bovcotting Enemv Companies. 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.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. 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,
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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.
32. 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.
33. Entirety of Agreement. This Agreement 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.
(signature page follows)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Jun 16, 2023
APPROVAL RECOMMENDED:
By: Robert Robert Alle Jr. (Jun 16, 202312:37 CDT)
Name: Robert A. Alldredge, Jr.
Title: Executive Assistant Chief
ATTEST:
By: (J
Name: Jannette Goodall
Title: City Secretary
DNA LABS INTERNATIONAL
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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.
Name: Loraine Coleman
Title: Administrative Services Manager
APPROVED AS TO FORM AND
LEGALITY:
By:
Name: Andrea Phillips
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0455
Date Approved: 6/13/2023
Form 1295 Certification
No.:2023-1009275
By: � �u,� 6-14-2023
Name: Allison Nunes
Title: COO & Laboratory Director
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A SCOPE OF SERVICES
PURPOSE
The Vendor will perform evidence examination, aerological testing, and/or DNA testing on
forensic casework submitted by the Fort Worth Police Department Crime Laboratory.
VENDOR LAB
1. Vendor must be accredited to ISO 17025 and supplemental requirements (e.g. AR 3125) by a
recognized accrediting body (e.g. ANAB) and the Texas Forensic Science Commission.
2. Vendor must comply with the most current Federal Bureau of Investigation (FBI) Quality
Assurance Standards for Forensic DNA Testing Laboratories.
3. Vendor shall comply with Texas licensure requirements.
4. Vendor shall comply with all federal and Texas laws.
5. Vendor shall comply with the Tarrant County District Attorney's Office or State of Texas
disclosure policy (whichever is more stringent).
6. Vendor shall internally validate all technologies and methodologies. These validations shall
be available for review upon request.
7. When using proprietary kits, Vendor shall follow the manufacturer's specifications. Any
modifications to these specifications require prior written approval by the Fort Worth Police
Department Crime Lab's Biology Unit Technical Leader (FW TL).
8. No enhanced detection methods shall be used without prior written approval from the FW TL.
9. Vendor shall maintain chain of custody and use a certified courier weekday service to receive
and ship evidence during normal business hours.
10. Turnaround time requirements: sixty (60) calendar days for sexual assault kits. Sixty (60)
calendar days for cases including a maximum of 3-5 questioned or known samples. Ninety
(90) calendars for all other cases.
11. Vendor shall have capacity to accept up to five (5) rush cases from FWPD per month.
Issuance of lab results after the requested rush due date will be invoiced at the standard
contract rate.
12. Vendor will be subject to annual site visits and/or FBI Quality Assurance Standards (QAS)
audits by FWPD or FBI personnel. Vendor shall participate in the FBI on -site visit program.
13. All work, case review, and reporting shall be performed by Vendor, not a 3' party.
REQUISITE TECHNOLOGIES, METHODOLOGIES, AND LAB PROCESSES
1. Presumptive and confirmatory screening methods for blood and seminal fluid/semen.
2. Male screening of sexual assault kits (i.e. Y screening or a direct to DNA approach) is
preferred in lieu of traditional serology.
3. DNA extraction (including differential extraction)
a. Vendor must utilize a differential extraction procedure on samples which are
positive for p30 or sperm cells.
b. If a Y screening/direct to DNA approach is used for sexual assault kits, a
differential extraction, when appropriate based on the case scenario, must be
performed prior to proceeding to DNA testing.
c. City prefers usage of the automated extraction methods, e.g. AutoMate Express or
Qiagen EZ1.
4. Quantitation
Vendor Services Agreement Page 12 of 17 v.1.3 (August 27, 2021)
a. RT-PCR (City prefers usage of the AB 7500) using Quantifiler Trio or Quantiplex
Pro.
5. For CODIS ownership reasons, amplification with GlobalFiler is required. The ability to also
amplify with Yfiler is strongly preferred. If Yfiler is unavailable the Vendor will facilitate
having eligible profiles entered into CODIS.
6. Capillary electrophoresis using the AB 3100 or 3500 Genetic Analyzer.
7. Data analysis using GeneMapper-ID X software
8. The Vendors policies must permit the consumption of evidence, if a) requested by the FWPD
Crime Lab or b) upon recommendation by the Vendor and subsequent approval by the Fort
Worth Technical Leader (FW TL) or his/her designee.
9. If possible inhibition is observed after quantitation, the Vendor must employ methods to
overcome inhibition prior to STR and/or Y-STR amplification.
10. If a quantitation value is not determined and the CT is within the expected range per the
Vendor's validation specifications, the Vendor must proceed with amplification.
Alternatively, the Vendor may provide sufficient validation information that supports stopping
after quantitation.
11. If possible inhibition is observed after STR and/or Y-STR amplification, the Vendor must
employ methods to overcome inhibition and re -amplify.
12. Vendor shall retain all DNA extracts and reagent blank controls. The dilution tubes shall also
be retained if sufficient extract remains for an additional amplification. The extracts, reagent
blanks, and dilution tubes (if applicable) shall be dried down, packaged per case number, and
returned to FWPD for long-term storage. A manifest describing the contacts shall be provided
to FWPD by Vendor.
13. The Vendor must retain STR/Y-STR amplification product for a minimum of 6 months
following issuance of the lab report.
14. The Vendor will have and follow a procedure for identifying possible contamination (at a
minimum, comparison to an employee elimination database and comparison of samples
simultaneously processed).
15. Before using probabilistic genotyping software, Vendor must obtain approval from FW TL.
16. Before using more than one technology (i.e. STR or Y-STR), Vendor must obtain approval
from FW TL.
17. Before using only Y-STR testing, Vendor must obtain approval from FW TL.
18. Prior to the Vendor beginning work, Vendor must obtain approval from FW TL regarding
Vendor's technical specifications.
DOCUMENTATION REQUIREMENTS
1. Vendor must provide the FW TL with copies of all standard operating procedures, quality
manual, and interpretation guidelines and demonstrate adherence to the FBI Quality
Assurance Standards and SWGDAM recommendations.
2. All documentation provided by Vendor regarding single source and mixture interpretation
(including genotype interpretations for profiles deemed suitable for comparison and statistical
analysis) must be sufficiently understandable to reconstruct Vendor's interpretation.
3. Vendor's interpretation parameters and assumptions must be documented in the case file.
4. Vendor will submit invoices on a monthly basis and include a breakdown of costs per case,
total cost per case, and the turnaround time for each reported case.
Vendor Services Agreement Page 13 of 17 v.1.3 (August 27, 2021)
TEAM QUALIFICATIONS
1. Substitutions of key personnel identified by the Vendor as part of the bid response will not
occur without the prior approval by the FW TL.
2. To the extent required by Texas State law, Vendor's key personnel must be licensed by the
Texas Forensic Science Commission.
ELECTRONIC DOCUMENT REQUIREMENTS
1. Vendor will provide the following documents electronically for each case:
a. Complete copy of the case file (see below for specifications)
b. All electronic data (quantitation and amplification)
c. Profile to facilitate CODIS entry
2. At a minimum, Vendor will ensure each case file contains the following:
a. Vendor lab number
b. FWPD lab number and offense number
c. Lab reports for screening and/or DNA
d. Chain of custody
e. Evidence examination/screening worksheets
f. Color photos (if applicable)
g. Communication records (i.e. e-mails, phone logs)
h. Extraction worksheets
i. Quantitation worksheets
j. Normalization documentation (if applicable)
k. Amplification worksheets
1. Detection worksheets
m. Electropherograms of all dye channels (regardless of whether or not the data was
used in reporting)
n. Labeled electropherograms indicating which profile was used for reporting
o. Summary page of lab number, sample number, sample description, and
quantitation value(s)
p. Documentation of technical and administrative review
q. Allele table of profiles used in reporting
r. CODIS entry profile(s)
s. Non-conformance and/or corrective action (if applicable)
3. FW will include a Vendor Submission Form with each case to document the items sent and
nature of the request.
Vendor Services Agreement Page 14 of 17 v.1.3 (August 27, 2021)
EXHIBIT B PAYMENT SCHEDULE
Line Description Qty Unit Unit Price Total
1 Male Screening and DNA processing of sexual assault 12 Each $1,895.00 $22,740
kit
2 Serology only (nothing on the item is suitable for DNA 12 Each
testing
$295.00 $3,540.00
appropriate
P
controls). No urologicalanalyss is required: / / / /
A. Evidentiary sample (e g.wMaci qJH, saliva) 12 Each g895.00 $8,�
B. Sample requiring differential 12 Each g�99p pp P1G,660
(3 STR tests)
C. Reference (known) 12 Each g69500 �6.3�
4 Syer`Io9JY on the item Poqr V-STR DNM testing
lsl ne // /�
A. Ev�daiN�ary sample (e 9abbod,rseminal�iluitlJS 12 Each $gg000 �11.880
��belw��
B. Sample requiring differential 12 Each g�ggs� -.
5 STIR or cost for testing extracted 12 Each $a�uo0
sample (with reagent blank) q� pp
6 Discontinuing processing after quarRilatbn 12 Each g5ry5 pp
Rush testing (STR or V-STR DNA testing) � �/
A.Sbusinass day turnaround time 12 M1 $��Zgs,pp
e.iae�m�: day w��a�o��a time a ��n aces oo .10
C. iS-business day turnaround time 12 Each $ry��op �� $n
item
$��q�5o
Title: Laboratory Director & Chief Ooeratina Officer Date: 03-24-2023
Vendor Services Agreement Page 15 of 17 v.1.3 (August 27, 2021)
Additional Pricing
Accessioning and/or Identification of blood, saliva, semen,
Swab
$295.00
urine, menstrual blood and/or preparation of evidence
Small Item
$495.00
sample.
& Extracts
• All evidence samples will be charged the fee
Large Item
$995.00
associated with its sample type.
Extra Large (Sheets)
$1,595.00
M-Vac Screening
Imcludes 3 filters.
$1,695.00
Y-screening for all swabs within the kit.
• Amplification of up to 1 item for single perpetrator case and up to 2 items
for multi-perpetrator/unconscious/consensual partner/juvenile (under the
age of 12) cases. $1,895.00
• No additional testing will be performed if no probative results are obtained.
• 1 underwear included.
Suspect or Victim Standard/Evidence Sample
• STRmix Analysis included at the time of testing. $695.00
Suspect or Victim Standard — Bones/Tooth/Hair $1,295.00
Evidence Sample — Bones/Tooth/Hai r/M-Vac Filter $1,295.00
Suspect or Victim Standard $995.00
Evidence Sample $995.00
Kintelligence — SNP Testing for Genealogy
Standard or Evidence $3,950.00
Signature Prep B
Standard or Evidence $2,995.00
Whole Genome mtDNA $2,995.00
Standard or Evidence
Vendor Services Agreement Page 16 of 17 v.1.3 (August 27, 2021)
Cartridge/Shell Casing Case $995.00
Small Cartridge Casing
$495.00
Rifle Cartridge Casing
$695.00
Small Bones/Tooth
$995.00
Large Bone or Skull
$1,595.00
Hairs & Rootless Hair Shafts
Inc(udey1-5In.o.lt-y.PLe&s�ciWfovacuyta—c,uo firr
$1,595.00
1-5 Person Mixture 1 $995.00 per item
49 Hour Turnaround $1,595.00 per item
Case Review for Suitability FREE
Evidence Screening/Serology
Identification of blood, saliva, or semen and/or preparation of evidence sample.
$995.00
STR Testing (if necessary)
$995.00
Only if requested or required and not previously performed for your case.
Sample Qualification
Accessioning, quantification or requantification, determination of extract viability, possible
$695.00
purification of sample.
NEW! Kintelligence SNP Testing for Genealogy by DNA Labs International
Processed in our accredited laboratory, maintaining the chain of custody, and issued with a
$3,950.00
court -admissible report.
Upload by Genealogist to 2 Genealogy Databases
$795.00
2 Hours cf Research and a Preliminary Report
Genealogy Investigation
$2,500.00
Includes 10 hours of genealogical research.
Additional Investigation Time
$995.00
5 Hour Blocks
Phenotyping Report Fee
$295.00
Phenotyping to include hair color and eye color prediction estimation.
Report Fee- Insufficient SNP/WGS Results $395.00
All testimony fees & defense expert fees will be sent as requested.
Vendor Services Agreement Page 17 of 17 v.1.3 (August 27, 2021)
M&C Review
Page 1 of 3
Official site of the City of Fort Worth, Texas
A CITY COUNCIL AGEND FORTWORTH
Create New From This M&C
REFERENCE **M&C 23- 13P RFP 23-0049
DATE: 6/13/2023 NO.: 0455 LOG NAME: ADDITIONAL EVIDENCE AND
DNA TESTING JF PD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Non -Exclusive Purchase Agreements with Signature Science, LLC and
DNA Labs International for Additional Evidence Screening and DNA Testing in an
Annual Amount Up to $1,089,308.00 for the Initial Term and Authorize Four One -Year
Renewals for the Police Department
RECOMMENDATION:
It is recommended that the City Council authorize non-exclusive purchase agreements with Signature
Science, LLC and DNA Labs International for additional evidence screening and DNA
testing in an annual amount up to $1,089,308.00 for the initial term and authorize four one-year
renewals for the same annual amount for the Police Department.
DISCUSSION:
The Police Department approached the Purchasing Division to procure an agreement for additional
evidence screening and DNA testing Services from multiple accredited laboratories to conduct
evidence screening and Deoxyribonucleic Acid (DNA) testing on forensic casework (homicides,
sexual assaults, robberies, aggravated assaults, arson, burglaries, etc.). Additional vendors are
needed to supply the City's needs for testing sexual assault kits and other items of evidence. This will
help decrease the existing backlog of cases that require DNA processing. In order to procure these
services, Purchasing staff issued Request for Proposal (RFP) No. 23-0049. The RFP consisted of
detailed specifications describing the City's various laboratory tests and their requirements.
The bid was advertised in the Fort Worth Star -Telegram on March 15, 2023, March 22, 2023, and
March 29, 2023. The City received two (2) responses.
An evaluation panel consisting of representatives from the Police Department 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 table below. No guarantee was made that a specific amount of
services would be purchased.
Evaluation Factors
Bidders Rank
a b c d Total Score
Signature Science, LLC 13.33 19.00 12.00 35.00 79.33 1
DNA Labs International 14.67 21.00 12.50 5.00 53.17 2
Best Value Criteria:
a. Contractor's Qualifications
b. Contractor's Ability to Meet Scope of Work
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M&C Review
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c. Contractor's Experience and References
d. Cost
After evaluation, the panel concluded that Signature Science, LLC and DNA Labs
International presented the best value to the City. Therefore, the panel recommends that Council
authorize non-exclusive agreements for evidence screening and DNA testing services to Signature
Science, LLC and DNA Labs International. Staff certifies that the recommended vendors met the bid
specifications.
Historically, funding for these services has come from various formula (non-competitive) grants
including the Bureau of Justice Assistance FY22 Capacity Enhancement and Backlog Reduction
(CEBR) Grant, FY21 CEBR Grant, FY20 CEBR Grant, etc. In April 2023, the City applied for the
Fiscal Year 2023 DNA Capacity Enhancement for Backlog Reduction Program Grant in an amount up
to $800,000.00. (Mayor and Council Communication (M&C) 23-0266) If received, this grant could be
used to fund services covered by the agreements authorized through this M&C, including eligible
expenses, including but not limited to personnel, supplies, equipment, training, and contractual
services.
This M&C authorizes annual spending authority up to $1,089,308.00, which is based on previous
annual spending over the last 10 years; however, upon approval of this M&C, the agreements will be
executed in the amount of $577,735.00, which represents the funding available for this purpose
through the FY22 Capacity Enhancement and Backlog Reduction Grant. When FY23 grant funding is
awarded & received, the agreements' spending authority will be increased to reflect the then -current
available funding up to $1,089,308.00.
FUNDING: The maximum amount allowed under these agreements will be $1,089,308.00; however,
the actual amount used will be based on the need of the Department and available budget.
Department (Estimated Annual Amount (Account Name
Police $1,089,308.00 Consultant & Other Professional Service
Funding is budgeted in the Police Department's Grant Operating Federal Fund for the purpose of
funding the DNA CEBR FY22 project, as appropriated.
DIVERSITY AND INCLUSION (DVIN) - 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.
AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and
expire one year from that date.
RENEWAL TERMS: The agreement may be renewed four additional one-year terms. 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.
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.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the Grants Operating Federal Fund for the DNA CEBR FY22 project to
support the approval of the above recommendation and execution of purchase agreements. Prior to
an expenditure being incurred, the Police 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)
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M&C Review
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FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
Submitted for Citv Manager's Office bv: Reginald Zeno (8517)
Fernando Costa (6122)
Originating Department Head: Reginald Zeno (8517)
Neil Noakes (4212)
Additional Information Contact: Jo Ann Gunn (8525)
Jesus Fernandez (6467)
ATTACHMENTS
1295 Form - DNA Labs International.odf (CFW Internal)
1295 Form - Signature Science, LLC.Ddf (CFW Internal)
Waiver.Ddf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=31083&councildate=6/13/2023 6/14/2023