HomeMy WebLinkAboutContract 61278. 61278 City Secretary Contract No. ____ _
FORT WORTH®
PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the City of Fort Worth ("City"), a Texas home-rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and DKC Texas, Inc. dba Sandia Forensic Consultants ("Vendor"), a Texas Domestic For-Profit 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: l.This Professional Services Agreement;2.Exhibit A -Scope of Services;3.Exhibit B -Price Schedule; and4.Exhibit C- Verification of Signature Authority Form.Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part ofthis Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1.Scope of Services. Consulting services of an independent frrearms expert to reviewinconclusive bullet proficiencies and casework; view evidentiary items to reach own conclusions; evaluate Crime Lab Standard Operating Procedures and training program; perform root cause analysis; make recommendations for improvement; write summary report with supporting documentation; and provide expert witness testimony as needed ("Services"). Exhibit "A," - Scope of Services more specifically describes the services to be provided hereunder. Vendor will perform the Services in accordance with standards in the industry for the same or similar services. In addition, Vendor will perform the Services in accordance with all applicable federal, state, and local laws, rules, and regulations. If there is any conflict between this Agreement and Exhibit A, the terms and conditions of this Agreement control. 2. Term. This Agreement will begin on the date signed by the Assistant City Manager("Effective Date") and will expire on May 31, 2025 ("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 options. 3.Compensation. City will pay Vendor in accordance with the provisions of this Agreementand Exhibit "B," - Price Schedule, which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed thirty thousand dollars ($30,000.00) annually. Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall Professional Services Agreement Page 1 of13
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not be liable for any addi�.a�aal expenses o� Vendor not specified by this Agre�ment unless City first
approves such expenses in writing.
4. Terminatian.
�.1. Written Notice. City or Vendor may temunate this Agre�ment at any time and for
any reason by providing the other pariy with at least 30 da.ys' wri�ten notice of termination.
4.2 Non-Annronriation of Funds. In the event no funds or insufficient funds are
apgropriated by City in any fiscal period for any payments due hereunder, Ciry wilI no�ify Vendor
of suc� occuarence and this Agreement sball terminate an the last day of#�e fiscal period for which
appropriations were received witha�t penalty or expense ta City of any kind whatsoever, except as
to tlte portions of the paytnents herein ag3reed upon far which funds have been apgropriated.
4.3 Duties and Obligations oi the Parties, In the event that this Agreement is
terFnina#ed prior to the Expirafton Date, City shall pay Vendor far serviees actually rendered �zp ta
�he effective date of #ermination and Vendor s�all continue to provide City wi� servzces rec�uested
by City and in accordaace with this Agreement up to fihe effective datc of terininatio�. Upon
�armination of this Agreement �or any reason, Vendor sha11 provide Czty with copies of all
completed or partiall.y cpmpleted documents prepared under this Agreement. In t1�e e�ent Vendor
b;as received access to City Information or data as a requirement to perform services �iereur�der,
Vendoz shall retum all City provided data to City in a ma.cI�ine-readabla forn�a# or ot�er farmat
deemed acceptable �o City.
5. DiscZosure of Co�fli¢ts and Confdentia� Tnformation.
5.1 Disclosure oF Conflicts. Vendor hereby warrants #o City �ha� Vendor has made full
�sclos�zre in writing oi a�y �xisting or pa�tial conflicts of interest related to Vendor's services
�der this Agreeme�t. Tn the avent �hat any conflic�s of interest arise a#�er the Effective Da#e of tlus
Agreement, Vendor hereby agrees irnrnedia#ely to make full disclosure to City in wz�ting.
5.2 Con�dential Information. Vendor, for itself ax�d its officers, agents and employees,
agrees t,�at it shall treat a11 information provided to it by City ("Ciiy Tnfbrmation"} as confidential
and shail nat disclose any such in£ormatzon �o a t}air@ �arty without the prior wri�ten approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the Sta#e of
Texas and all dacurnents heid or maintained by City are subj ect io disclosure under �e Texas Publia
�nformation Act. In the event there is a request far information marked Confidential or ProprietaEy,
City shall promptly no�ify Veudor. It will he the responsibifity of Vendor to submif reasons
abj eating to discIos2zre. A dete�mination on whether such reasons are sui�cient will not be decided
by City, Uut by the Office a� t�e A�arney General of t�e State of Texas or by a caurt of competent
jurisdictian.
5.3 Unauthorized Access. Vendor shall store and �naintain City Tnforma4�on in a secura
manner and shall not allaw uziauthorized users to access, modify, delete or ot�erwise corrupt City
�nformation � any way. Vex�dor s3�a11 notify City immediately if ihe security or integrity af auy
City Information has been cou�promised or is beiieved to have been compromised, in which event,
Vendor s�all, in good faith, use a11 commercially zeaso�able efforts to coopera.te vs�th City in
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ic�entifying what information has been accessed by unauthazized means and shall fially cooperate
with City #o �rotect s�ch City Itiforn�ation from fiirther unautharized discIosure.
6. Risht ta Audi�. Ve�doz agrees that City shall, until the expirarion of three (3) years after
�al payment r.tnder tIus contract, or the final canclusion of any aud'at commenced during the said three
years, k�ave acoess to an� �e riglit to examine at reasonable times any dit'ectly pertinent books, documents,
papers and recards, including, b�t not limited ta, alI electronic records, of Vendor invalving iransac�ians
relating ta �his Agreement at no additional cast to City. Vendor agrees that City shall ha�e access during
normal working ho�s to aIl necessary Vendor faci�i�ies and shall be provided adec{uate and appropriate
work space in order to conduct audits in compliat�ce wit�x the provisions of this sec�ion. Ciiy shall give
Vendor reas�nable advance :no�ica of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Ve�dar shall aperate
as an �adependen� oantractor as to aiI rigirts and privileges and work pe�oz�ned tznder this Agreement, and
not as agen�, representative or employee of City. Subject to and in accorc�ance with the condirians and
provisions af this Agree�ent, Vendor shaIl have the exclusi�e right to control ttie details oi its vperations
and activities and be solely responsible for the acts and omissions af its aff�oers, agents, servanis,
employees, Vendors and subcontractors. Ve�dar acknowledges that the doctrine of respondent superior
shall not apply as betvveen City, its officers, agents, servants and employees, and Vendor, its o£fcers,
agent,s, empioyees, servants, Vandors and subcontractors. Vendor fiuther agrees thai �at.�ing herein shall
be consirued as t3�e creation af a partn�rship or �oint enterprise between City and Vendor. It is further
understood that Caty s�all, in no way, be conside�red a Co-employer ar a Joint employer of Vendor or any
office�s, agents, sezvants, employees or subcontractor of Vendor. Neither Vendor, nor any a.ff�cers, agents,
servants, employees or subcontractvr of Ve�dor shall be e�xtitled to any employment benefits from City,
Vendor s}�all be respansible and liable for any and all payme�t and �epoz�ing of ta�ces o� behalf of itself,
and any of its officers, agents, servan�s, employees or subeontractflrs.
S. LIABILITY AND INDEMNr�"ICA'I'ION.
8,1 LIABILITY - VENDOR SffALL BE LL4BLE AND RESPONSIBLE FDR ANY
AND ALL PROPERTY LDSS, PRDPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDIIVG DEATH, TO ANY AND ALL PERSONS, OF ANY SIND OR CHARACTER,
WHETAER REAL �R ASSERTED, TO THE �XTENT CAUS�D BY THE NEGLIGENT
ACT(S) OR OMI.4SIDN{S), MALFEASANCE OR INTENTIDNAL MISCDNDUCT OF
VENDOR, ITS OFFICER.4, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTItACTORS.
8.2 GENERAL INDEMNIFI'CATION - VENDOR HEREBY COVENANTS AND
AGREES TO YNDEMNIFY, HOLD H�IRMLESS �lND DEFEND CITY, ITS OFFICERS,
AGEN?'S, SERVANTSANDEMPLDYEES, FROMAIVDAGAINSTANYANDALL CLAIMS
OR iAWSUITs OFANYgI1VD OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHERPROPERTYDAMAGE OR LOSS (INCLUDINGALLEGED DAM�GE OR LO,S'S TO
VENDOR'S BUS1'NESS AND ANY RESULTING iOST PROFITS) AND/OR PERSUNAL
INJURY, INCLUDING DEATH, TO AIVYAND ALL PERSONS, ARISING OUT OF OR IN
CONNECTIDN WI'TH THaTS AGREEMENT, TO THE EXTENT CAUSED BY T'HE
.NEGLIGENT ACTS OR OMISSIONS' OR MALFEASANCE OF YENDOI� ITS OFFICERS,
AGEIVTS, SERYANTS, CONTRACTORS, SUBC4NTRACTORS, QR EMPLOYEES.
8.3 INT'ELLECTUAL PR�PERTY INDEMNIFICATION — VENDOR AGREES
TO DEFEND, SETTLE, 4R PAY, AT �'i'S OWN COST AND EXPENSE, ANY CLAIM OR
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ACTION AGAINST CITY FOR INFRINGEMENT OF AN7C PATENT, COPYRYGHT,
TRADE MARK, TRADE SECRET, OR SIMii.AR pRQPERTY RIGHT ARISING FROM
CITY'S USE OF THE SOFTWARE AND/OR DOCUMENTATIQN IN ACCORDANCE
WTTH TffiS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO
DEFEND, SETTLE OR PAY 5HALL NOT APPLY IF CITY MODIFIES OR NIISUSES
THE SOFTWARE ANDIOR DOCUMENTATION. SO LONG AS VENDOR BEARS THE
COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST CITY
PLIRSUANT TO TffiS SECTIUN, VENDOR SHALL HAVE TH� RIGHT TO CONDUCT
THE DEFENSE OF ANY SUCH CLA,�M OR ACT�ON AND ALL NEGOTIATIONS FOR
ITS SETTLEMENT OR COMPRUNIISE AND TO SETTLE OR COMPROMISE ANY
SiTCH CLAIM; HOWEVER, G`ITY SHALL HAVE THE RIGHT TO FULLY
PARTiCII'ATE IN ANY AND ALL SUCH SETTLEMENT, NEGOTTATIONS, OR
LAWSUIT AS NECESSARY TO PROTECT C�TY'S INTEREST, AND CITY AGREES TO
COOPERATE WITH VENDOR IN DOING SO. IN T�E EVENT CITY, FOR WHA,TEVER
REASON, ASSUMES THE RESPONSIBIL�TY FOR PAYMENT OF CO3T5 AND
EXPENSES FOR ANY CLAIM OR ACTION BRUUGHT AGAINST CITY FOR
INFRINGEMENT ARISIl�G i3NllER TffiS AGREEMENT, CITY SHALL HAVE TFIE
SOLE RTGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND
ALL NEGOTIATI�NS FOR �TS SETTLEMENT OR CONiPRONIISE AND TO SETTLE
OR COMPROMISE ANY SUCH CLAIM; HOWEVER, VENDOR SHALL FULLY
P.ARTICIPATE AND COOPERATE WITH CITY ll�T DEFENSE OF SUCH C��AIM OR
ACTION. GSITY AGREES TO GIVE VENDOR TIMELY 'WItITTEN NOTICE OF ANY
SUCH CLAl'M UR ACTION, WITH COPIES OF ALL PAPERS CITY MAY RECEIVE
RELATING THERETO. NOTWITHSTANDING THE FOREGOIl�iG, CITY'S
ASSUMPTIQN OF PAYMENT OF COSTS OR EXPEN�ES SHALL NOT ELIMINATE
VENDOR'S DUTY TO INDENINIFY CITY UNDER TffiS AGREEMENT. n+` THE
SOFTWARE ANDIOR DOCLTMENTATiON OR ANY PART THEREOF IS HELD TU
INFRINGE AND THE USE THEREOF I5 ENJOINED OR RESTRAINED OR, IF AS A
RESULT OF A SETTLEMENT OR COMPRONIISE, �UCH USE IS MATERIALLY
ADVERSELY RESTRICTED, VENDOR SHALL, AT ITS OWN EXPENSE AND AS
CITY'S SOLE REMEDY, EITHER: (A) PROCI�RE FOR CITY THE R�GHT TO
CONTINUE T� USE THE SOFTWARE AND/OR DOCUMENTA'1'ION; OR (B} MODIFY
THE SOFTWAR� AND/OR DOCUMENTATION TO MAKE IT NON INFRINGIN'G,
PROVIDED THAT 5UCH MODIFICATION DOES NOT MATERTALLY ADVERSELY
AFFECT CITY'S AUTHORI'ZED USE O�' THE SO�'TWARE ANDIOR
DOCUMENTAT�ON; OR (C� REPLACE THE SOFTWARE ANDIOR
DOCUMENTAT�UN WITH EQUALLY SUITABLE, COMPATIBLE, AND
FUNCTIONALLY EQUIVALENT NON-IN�RINGING SOFTWARE ANDIOR
DQCIIMENTATION AT NO ADDITYONAY. CHARGE TO CITY; OR (D) IF NONE OF
THE FOREGOING ALTERNAT�VES IS REAS�NABLY AVAILABLE TQ VENDOR
TERNiINATE TffiS AGREEMENT, AND REFUND ALL AMOUNTS PAID TO VENDOR
BY CITY, �UBSEQUENT TO WHICH TERMINATION C�TY MA.Y SEEK ANY AND ALL
REMEDIES AYAILABLE TO CI'i Y UNDER LAW.
9. Assi�nment and Sabcantractin$.
9.1 Assi�nxnent. Vendor shall not assign or subcontract any of its du�ies, abligatians
ar rig�ts un�er this Agreement without the prior writte� consent of City. ii City grants cons�nt ta
an assignme�t, the assig�ee shall execute a rvriiten agreement with City a.nd Ve�dor under which
the assignee agrees ta be bou�d by the duties and obligations o£ Ve�dor under this Agreement.
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City Secretary CantFact No.
Vendar and Assignee shaIl be jaint�y liable for all obligations o�' Vendar ux�der this Agi�eement
prior to the effecti�e date of the a�sign�ent.
9.2 Snbcontract. Zf City graats consent to a subcontraci, sub-Vendor shall execute a
written agreement with Vendor referencing ihis Agxeement under which sub-Vendor s1�aII agree to
be ba�d by the duties and obligations of Vendor undex this Agreement as such duties end
obligatians may apply. Vendor shall provide City witi� a fuliy executed capy of any sezch
subcontract.
1Q. Insnrance. Vendor shall prorride City with certificate(s) of ins�nra�ace documenting
policies of the following types and mini�,tt�n coverage Iimits that are to be in effect prior to co�encement
of any wark pursuant ta thzs Agreement:
10.1 Covera�e and Limits
(a) Commercial General Liability:
$1,000,0�0 - Eac� �courre�ce
$1,000,000 - Aggregate
�
(b) ProfessionaI Liability {Err�rs & Omissia�s);
$1,000,000 - Eac#� Claim Limit
$1,000,000 � Aggregate Limit
Pro�essionai Liability caverage may be pravide� through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific �a
�ra�essional E&O. Ei�her is acceptable if coverage meets all other requirements.
Coverage shall be clai.ms-made, and maintained for tt�e duration af the contractual
agreemen# and for two (2) yeazs following completio� of services provided. An
annual certificate o�in5urance shall be submitted to City to evidence coverage.
10.2 Generai Re �err�ents
(a) The commerciat general iiabi�i€y policies shall na.me City �s an additional
insured theceon, as fts interests znay appear. The term City shall incIude its
empioyees, officers, officials, agents, and volunteers in respect to the contracted
services.
(b) A minix�xum of T�rty {30) days' �otice o� cancellatio� or zeduction in
limits of caverage shall be provided to City. Ten (10) days' notice shall be
aeceptable in the event af non payment of premium. Notice shall be sent to the
Ri�sk Manager, City oi Fort Worth, 200 Texas Stree�, Fort Wartli, Texas 76102,
wi� copies to t�e �ort Worth City Attorney at the same address.
(c) The insurers for alY po�icies must be Iicensed and/or approved #o do
business in the State of Texas. AIl insurers musi ha�re a minimu� rating af A- VII
in the current A.M. Best Keq Rating Guide, or have reasonably equivaient �inancial
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City Secretary Contract Nn.
strength and salvency to the satisfaction of Risk Management. � the rating is
betaw that required, written approval of Risk Manage�ent is required.
{d) Any failure on �e part of City to requast requ�red �s�rance
documentalion sha�I not constitute a waiver of tt�e insurance requirement.
{e) Certificates of Insurance evidencing that Vendor has obtained a�l required
inswra�ce shaII be delivered to the City prior ta Vendor proceeding Cvith any work
putsuant to this Agreement.
11. Compiiance wi,tl� Laws, Ordinances, Reiles and_ Re�niations. Vencior agrees that in the
performance of its ohligatiot�s here�znder, it shall coxnply with a�t applicable federal, state aad locai Iaws,
ordinances, rtrles anc� regula�ions and that a�y work it produces in connection with this Agreeme�t will also
camply with a�l appficahle federal, state and local Iaws, ordinances, ruies a�nd regulations. �' City noti%es
Vegdor of any viala.tian of such �aws, ordinances, rules or regulatians, Vez�dor shall immediately desist
from, and correct, the violation.
12. Non-Discri�ation CovenaQt. Ver�dar, for i�self, its personal representatives, assigns,
subcantractors and s�ccessors in interest, as part af the cnnsidera.tion herein, agrees that iri the performance
of Veador's duties and obligatians hereunder, it shall not discriminafe in the �eatme�t or employtnen� oi
any individual or group of individuals on any basis pxohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF 'THIS NON D�SC'R�MINA'I`�ON COVENANT BY VENDOR, ITS
PER�ONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSilME SUCH L�ABII.ITY AND T� INDENINIFY AND
DEFEND CITY AND HOLD CI�'Y HARMLESS FROM SUCH CLAIM.
13. Natices. Not�ces required purs�ant to the provisions of f�is Agreement shail be
concIusively dete�ined to have been deli�ered when (1) hand delivered to �he vther party, its agents,
einployees, servants or representatives, (2} delivered by facsimile with eleetronic con€irmation of fhe
transmission, or (3) received by the other party by United States Mail, registerec�, reiurn receipt requested,
addressed as follows:
Ta CITY:
City of Fort Worth
Ai�€u: Assistant City Manager
200 Texas Street
Fort Worth, TX �b142-6314
Facsimile: (817} 392-$b54
To VENDOR:
DKC Texas Inc.
dba Sandia Forensic Consultants
At�n: David R G�utiss
601 Naltishawa Cir
Sandia, TX 78383-4�23I
With copy to Fort Worth City Attorney's Office at
same address
14. SoIicitation oi Emt�lovees. Neither City nor Vendor shall, during Ehe term of this
Agree�zent atad add'zt�onally for a period of one year af�er its termination, solicii for employ�nent or employ,
whether as employee or independent contractor, any person vv�o is or has been employed by the other
d�ring the term of this Agreement, without the prior written consent of #he person's employer.
Notwithstanding the faregoing, this p�ravision shaIl not apply �o an eznployee of either party who responds
to a general solicitation of advertisement of employment by either party.
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I5. GoverQ�ental Powers. It is understaod and ageeed that hy execution o�this Agreement,
City does not waive or surrender auy of its go�ern�ental povners or immuni�ies.
16. No Waiver. The failure of City or Vendor to insist upan the perFor�ance of any term or
pravision ofthis Agz�eement ar ta exercise any right granted herein siiall not constitute a waxvex of City's or
Vendor's respective right to insist upon apprapriate perfarmance or #o assert any such aght on any future
occasion.
17. Go�ernin Law 1 Venue. Tlus Agreement s�all be eo�trued in accordance wi�kt tb.e laws
of tbe State of Texas. �f any action, whether real ar asserted, at la.w or in equity, is broug�t p�zrsuant ta t�is
Agree�nent, venue for such action shall Iie in state couz�s Iocated in Taiz�ant County, Texas or t�e United
States District Court fox the Nort�ern District of Texas, Fort Worth Division.
18. Severabilitv. If any provision of tlus Agreement is held to be inva�id, illegal or
unenforceabte, the va.Iidity, legality and enfarceability of the remaining provisions shall got in any way be
aff'ectea or impaired.
19. Force Maiet�re. City and Venndor will exercise their bast effarts to meet their respect�ve
duties and obligations as set forth m this Agreement, i�ut will not be held Iiable for any delay or omission
in per�'ormance due to farce majeure or other causes beyand t�teir reasonable contral, i�cluding, but not
li�ted to, eompliance with any gavernment law, ordi�nce, or regulation; acts of Gad; acts of tbe public
enemy; fires; strikes; Iockauts; natura� disasters; wars; riots; epzdemics or pandemics; government actio�
or inaction; arders of goveznment; rnaterial or labor restrictions by any governmentai autliority;
izansportation prabte�s; restraints or prohibitions by any court, board, department, commission, ar agency
of the United States or of auy States; civil disturbaaaes; o�er na#ional or regional emergencies; or any other
similar cause not enumerated herein but vuhich is beyond the reasonable control af the Party whose
perform�tce is affected {colIec�ively, "k'orce Majeure Event"). The peFformance of any snch obIigatian is
suspended during the period af, and onIy to the �xtent of, such pre�entian or hi�dzance, pz�ovided the
affected Party provides noiice of the Farce Maje�re Event, and au expl�ation as to how it prevents or
hinders the Party's performance, as soan as reasonabIy possible after the occurrence of the Force Maleure
Event, with the zeasonahleness of such natice to be defermined by the City in its sole discretion. The %ru�
of natice required by this section will be the same as Section 13.
20. Headines mat Co�trollint. Headi.ngs and Yitles used in this Agreement are for reference
pur�oses only, si� not be deemed a part of this Agreement, a.IId are not inten�ed to define or �imit the
scope of any provision of this Agreem�nnt.
21. Review of CaunseI. The parties acl�owledge that each parly and its aou;asel ha.ve
reviewed and revise� t�is Agreement and �hat the norn�al rules oi conskruction to the effect that any
ambiguities are to be resolved against the drafting party shall not be e�ployed in the interpreta#ion oi#his
Agreement or ex�ibits.
22. Atnendments / Modi#ications / E�ensions. No amendr�zent, modification, or extensian
of this Agreement sha.�l be binding upon a party hereto t�less set forth in a written i�strument, which is
execu#ed by an authorized representative of each pariy.
23. Entir of reemen� This Agreement, including its attached exhibits, con#ains the
entire understanding and agreeznent between City and Vendor, their assigns and successors in interest, as
to the matters contained herein. Any prior ar contempozaneaus ozal oz written agreennent is l�ereby deciared
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nttll and vaid to the extent iu canIIict wit3i any provision of this Agreemen�.
24. Caun�ernarts; This Agreement may be executed in one or more cauuterparts and each
caunterpart s#�a�, for all purpases, be deemed an original, but a�, such counterparks shall fogethex cnns�itu�e
one and the same instrument.
25. Warran af Services. Vendor warrants �ha� its services will be Qf a high quali#y and
con�arm to generally prevailing industry standards. City must give wziitcn no�ice of any breach of this
warranty wi#.�in thirly {30) days frotn tlte date t�at the services are cornpleted. In such event, at Vendqr's
option, Vendur shall eit�ar (a} use comrttercially reasanable efforts to re-perform the services in a manner
that conforms 4vith the wanrauty, or (b) refiu�d the fees paid by City to Vendor for #he zaonconfonning
serv7ices.
26. Ymmi�ration NationaliLv Ac� Vendor sha1l verify the identity and empIoyrnent eligibility
of its enaployees who per�'orm wark u�der this Agreemen�, i�cluding complatzng the EmpIoyment
Efigibility Verification Farm {I-9). Upon zequest 3�y C9,iy, Vendor shail pravide City with copies of aII I-9
forms a�d supporting eiigibi�i�y documentation far eac�Z employee who pe�r�om�s work under this
AgreeFnent. Vendor s�a11 aclhere to all F'ederal and State Iaws as we�l as estab�ish appropria�e pzocedures
and cantrols so that no services will be performed by any Vendor emp�oyee wha is not legally eligible to
perform such services. VENDOR SHALL INDEMNg'Y CI'I'Y ANU I30LD CITY HARMLESS
FROM ANY PENALTIES, LIABII,ITIES, OR LOSSES DUE TO 'VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'� EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written natice to Vendor, shall have the right to immediately tcrminate tliis
AgreeFnent for violatzoz�s of this pro�rision by Vendor.
27. Ownershin of Wor� Praciuct City shall b� the sole anc� exclusive awn,er of all reports,
wark pagexs, pz�ocedures, guides, and documentation, ereated, pui�lished, displayed, andlor produced in
conjunetion with the services pravided uuder this Agree�nent {co�lec�.vely, "Worl� Product"). Further, City
shall b� the soIe and exclusive owner of all copyrigh�, patent, trac�emark, tra.de secret and other proprie�ary
righ�s in and ta the Work Product. Ownership of Ehe Work Prnducf shall inure to tl�e be�efif of City from
the date of conception, crea�ion or fixation of the Work Product in a tangible medium of expression
(whichcver oecurs first). Each copyrightable aspect of tlie Work Praduct sfiall be aonsidered a"work-made-
for-I�use" within the meaning of the Copyright Act af 1976, as amended. If and to the extent such VfTor�
Froduc�, or any part thereof, is not c�nsidered a"work-made-for-hire" wixhin the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all excle�sive right, iitle and interesi in
and to the Work �'roduct, and a�i copies thereof, arxd in and to the copyright, patent, trademark, trade secret,
an,d all other proprietary rights therein, that City ma.y have or obtain, vv�thou� fi�rther consideration, �ree
from any claim, lien far balance due, or :rights af retention thereto on the part of City,
28, Sisnatnre Auihoritv. Each person signing this Agreement �areby warran�s t1�at �ey have
the 3egal a�tho�ity to execute this Agreemen# an behaif of the respec�iv� party, aud tltat suc� binding
autharity has been gran#ed by praper order, resol�tion, ordinance or ather autl�orization of the entity. This
Agreement and any amendmeni hereto, may be executed by any authorized represen�ative of Vendoar. Fach
party is fully entitled to rely on these warz'antias and representahans in entering into this Agreement or any
amendtnent hereto.
29. Ch�n e im Com an Name or Ownershi . Vendor shall notify City's Pt�rchasing
Manager, in waiting, of a company naz�te, owners�rip, or address change for the gurpose oi mainta�ing
�pda�ed City records. The president of Vendor or authorized official must sign the letter. A let�er indicating
changes in a company name ar ownership must be accompa�ied with supporting iegai documentation suc�
Prafessianal Services A�e�nent Page S o�13
City Secretary Contract No.
as an updated W-9, documents filed wtth the s#�te indicating sucl� change, copy of fihe board of director's
resolution appxoving the action, or au executed merger or acquisifiion agreement. Failure to provide the
spacified documentation sa may adverselq impact future invoice paynaents.
30. No Bovcott of I�rael. If Ve�udoz hss fewer than 10 empioyees ar this Agreement is fnr
less than $100,000, titis section does not appIy. Vendar acl�owledges that in accordance with Chapter
227'0 of #b.e Taxas Government Code, the City is prohibited from entering into a con�ract with a company
for goods ar sezviees unless the contract contains a written verification fram the company that it: {1} does
not boycott Israel; and (2) wiIl not boycott Israel d�t�i.ng the term o�the con#ract. The tenns "baycot� Israel"
and "campan�' shall have the meanings ascribed to those tertns in Sectian 808AU1 of tt►e Texas
Gaverninent Code. By �igning tIus contract, Vendor cer 'bf"ies that Vendor's sig�atvre provides written
verification to the City thst Venc�or: (1) does not boycofi Israel; and (z) will naE boycott Israel during
the term oi the coniract.
31. Prohibition on Bo�catting Enersv Co�uanies. Vendor acknowledges that � acaordance
with Chapter 2276 of the Texas Go�ern�ent Code, t.�e City is proI�ibited from enteri�g into a cantract %r
goods or services t�at has a value of $IQ0,000 or more that is to be paid wholly or partly frana pubiic funds
of the City with a oom�any wi� 10 ar more full-fime employees unless tha contract conta.ins a written
veri�cation from the company #hat it: (1} dves not boycatt energy campanies; and {2} will nat boycott
energy companies d�ing #he #erm of the coz�tract. To the extent t1�at Chapter 2276 of the Government Code
is applicable to this Agreemeat, by signing �s Agreement, Vendor certifies that Vendar's signait�e
provides writte�t verification to the City that Vendor: (1) does not boycot# energy companies; and (2) will
not boycot� energy companies during the term of t�is Agreenaen�.
32. Prohibition oa Discriminatian A sinst Firearm aud Ammunition Industries. Vendor
acl�owledges that �xcept as a�erwise pzovzded by Chapter 2274 of tfie Texas Government Code, the City
is prohibited from enter�g into a cantract for gaods or services that has a value of $ I00,000 or mare that
is tv be paid wholly or partly from pubIic funds of fb.e City with a company with 10 or more full time
employees unless the contract contaias a written verifica�ian frorn the cornpany that it: {i} does nat have a
pract�ce, poiicy, guidance, or d�ective that discrirninates against a firearm ent�ty or firearm trade
associatian; and (2) wiII not discrimivate during the term of the contract against a firearm entity or firearm
trade associatzon. To the extent t�at C�apter 2274 of the Government Code is appIicahle to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature pravides written verificatian to the
City that Vendor: (1) does not have a practice, policy, guidance, or directive tha� discriminates against a
�irearm entit}+ or f�tearm trade association; and (2) will not discriminate against a firearm entity or fireann
�rade association during the te�xn of this Agreement.
33. Elec�anic Si�atures. This Agreement may be execnted by electranic signature, which
will be considered as an original sig�za�re foz all purposes and have the same force and e#%ct as an origi�al
signatiare. Far these putposes, "electronic signature" means electronicaliy scanned aad transmitted versions
(e.g. via pdi fz�e or facsianile transmission) of an original signature, or signatures eleotronicatly inserted �ia
soflivaxe such as Adobe Sigu.
(signature page fvllows}
(remainder nfpage intentionalty left hlank)
Professional Services Agreement �age 9 of 13
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By: Name: William Johnson Title: Assistant City ManagerDate: Apr16,2024
APPROVAL RECOMMENDED:
By: Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief
ATTEST:
By: Name: Jannette GoodallTitle: City Secretary
DKC TEXAS Inc. dba Sandia Forensic
Consultants
By: M�Name: David Curtiss Title: President
Professional Services Agreement
City Secretary Contract No. ____ _
CONTRACT COMPLIANCE MANAGER:By signing I acknowledge that I am the person responsible for the monitoring andadministration of this contract, including ensuring all performance and reportingrequirements.
By: ;;f� �a,JName: Loraine Coleman Title: Administrative Services Manager
APPROVED AS TO FORM ANDLEGALITY:
.t<l�,..0� By: Name: Andrea Phillips Title: Assistant City Attorney
CONTRACT AUTHORIZATION:M&C: (None Required) Date Approved:
Form 1295 Certification No.: NI A
Page 10 of13
EXHIBIT A
SCOPE OF SERVICE�
Vendor will provide consulting services of an independent firearms expert to rev:iew inconclusive
bullet proficiencies and casewark; view evide�riary items to reach own conclusiaris; evaivate
Crizne Lab Standard Operating Procedures and training program; perform root cause analysis;
make recornmendano�s for impzovem�n�; write summary report with supparting dacumer�tat�on;
and prvvide expert wi,tness testi.mony as needed. Vendor will also provzde the following:
• Review �e Firearm Case Files;
• Exami�e physical evidence under comparison microscnpe for canclusian;
• Provide phato documentation, i� different conclusian from analyst;
• Reviaw �Iae Standard Operating Praced�xres and Training Program;
• Wr�te a Sun�ary Report;
• Pravide recnmmendatians for policy and training improvements based on best practices
within the �orensic firearms cornmunity;
• Provide any required documenta.tior� or in�iew to Tcxas Farensic Science Cornmission
or ANAB regarding independent consultation, as aneeded;
• Review or consult on validation plans, as n�eded;
• Testimony eva�uation of the Firearms Analyst, as needed;
• Gcnera� Consultation, as needed; and
• SWOT Analysis (Strengths, Weairnesses, Opporiunities, and Threats), as neede�..
Vendor Services Agreement — Exhibit A Page 11 af 13
EXHFBIT B
PRICE SCHEDULE
Compensation for Professianal Services
The Se�ces are offered at the ra#e oi $265.00 per hour.
Professional Liability coverage wi11 be provided a� premium cast of $600.00 per year.
Cer�ificate of InsuranceBond
Professional Liability covera.ge will be gravided ta the City tif Fort Worth by DKC TEXAS, INC.
dba �andia For�nsic Cansultan�s #'or errors and omissions per occutrence in the amount of
$1,OOO,fl00A0 and $1,000,OOO.aO aggregate at premium cost.
Trave Lod 'n Per Diem
Raies to be based on those set by the U.S. General Services Administration (GSA) far the oity
where services are rendered. This includes mileage whe�. �aveling b�' ground vehicIe.
David R Curtiss, Presidsnt
DKC TEXAS, INC. dba Sandia Forensic Consultants
6�1 Nakishwana Cir, Sanc�ia, TX 78383
361-815-5975
DKCTEXAS.INC@gma,il.com
Vendor Services A�eement —��ibit B Page 12 of 13
EXHIBIT C
VERIFICAT[ON OF SIGNATURE AUTHORITY
DKC T�XAS Inc,
DBA SANDIA FORENSIC CONSULTAT�ITS
Atm: David R. CuRiss
60l NAKI5HWANA CIR
SANDIA, TX 78383-4231
Execution of this Signatute Verifieation k'orm ("�'ortn") hereby certities #hat the follawing
individuals and/or positions have the authority ta legally bind Vendor and to execute any agreement,
amendment or cfiange order pn behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordanance or other authorization of Vendor. City is fi�lly entitled to rely on the warranty and
representation set forth in this Form in entenng into any agreement or ar�endment wit� Vendar. Vendor
will submit an updated Form within teu (10) business days if there are any changes to the signatory
authvriry. City is entit3ed to rely on ar�y current executed �'orm until it recei�res a revised Form that has been
properly executed by Vendor.
Name: p�+�rA @.d�t�.�Ss
Position: ���Q��
2.
3.
Name:
� C�
Signature of Fresicfent / CEO
Other Title:
Date: p4��rr� Le r.�
Vendor Services Agreement — E�ibit C Page 13 of 13
��
Signature
�