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Home My WebLink AboutContract 63105Docusign Envelope ID: 287A1 B3D-E840-4E0D-90A0-30FAC76BA476 CSC No. 63105 ADDENDUM TO MASTER SERVICE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND FORENSIC TECHNOLOGY INC. This Addendum to the Master Service Agreement ("Addendum") is entered into by and between Forensic Technology Inc. ("Seller") and the City of Fort Worth ("Buyer"), collectively the "parties". The Contract documents shall include the following: 1. This Addendum. 2. Exhibit A: Conflict of Interest Questionnaire; 3. Exhibit B: Seller Contact Information; 4. Exhibit C: Verification of Signature Authority; 5. Exhibit D: Seller's Sole Source Justification Letter; and 6. Exhibit E: Seller's Proposal Notwithstanding any language to the contrary in the attached Seller Proposal (the "Agreement"), the parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. 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. Buyer 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 periods (each a "Renewal Term"). 2. COMPENSATION Buyer shall pay Seller in accordance with the fee schedule in Exhibit F and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by Buyer shall not exceed one hundred forty-seven thousand four hundred ninety-four dollars ($147,494.00). Seller shall not provide any additional items or services or bill for expenses incurred for Buyer not specified by this Agreement unless Buyer requests and approves in writing the additional costs for such services. Buyer shall not be liable for any additional expenses of Seller not specified by this Agreement unless Buyer first approves such expenses in writing. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Addendum Page 1 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 3. TERMINATION a. Written Notice. The purchase of goods under this Agreement may be terminated by the Buyer, in whole or in part, with or without cause, at any time, upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which the goods to be purchased under the Agreement is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein b. Non-Abbronriation of Funds. In the event no funds or insufficient funds are appropriated by City Council in any fiscal period for any payments due hereunder, Buyer will notify Seller of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. c. Duties and Obliizations of the Parties. Upon termination of this Agreement for any reason, Seller shall only be compensated for items requested by the Buyer and delivered prior to the effective date of termination, and Buyer shall not be liable for any other costs, including any claims for lost profits or incidental damages. Seller shall provide Buyer with copies of all completed or partially completed documents prepared under this Agreement. In the event Seller has received access to Buyer information or data, Seller shall return all Buyer provided information or data to Buyer in a machine-readable format or other format deemed acceptable to Buyer. 4. PUBLIC INFORMATION Buyer is a government entity under the laws of the State of Texas and all documents held or maintained by Buyer may be subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked by Seller as Confidential or Proprietary, Buyer shall promptly notify Seller. It will be the responsibility of Seller to submit to the Texas Attorney General's Office reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by Buyer, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Parties agree that nothing contained within this Agreement is considered proprietary or trade secret information and that this agreement may be released in the event that it is requested. 5. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer may have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall Addendum Page 2 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract voidable by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter). 6. ORDERS a. No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. b. Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non-payment. 7. SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 9. TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery. Addendum Page 3 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 10. DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed. 11. PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 12. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 13. INVOICES a. Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. b. Seller shall not include Federal Excise-, or State or City sales tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. c. Payment. All payment terms shall be "Net 30 Days" unless otherwise agreed to in writing. Before the first payment is due to Seller, Seller shall register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website". 14. PRICE WARRANTY a. The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in Addendum Page 4 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 addition to and not in lieu of any other remedies which Buyer may have at law or in equity. b. Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage fee or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage fee or contingent fee, or otherwise to recover the full amount thereof. 15. PRODUCT WARRANTY Seller 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. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 16. SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with the Notice to Parties Clause of this Agreement. Failure to make such refund shall constitute a breach and cause this contract to terminate immediately. 17. SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non- exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for Buyer's sole use for purposes under this Agreement and any attached work orders or invoices. The Buyer may not use or share this software without permission of the Addendum Page 5 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Seller; however, Buyer may make copies of the software expressly for backup purposes. 18. WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY A. THE SELLER WARRANTS THAT ALL DELIVERABLES, OR ANY PART THEREOF, FURNISHED HEREUNDER, INCLUDING BUT NOT LIMITED TO PROGRAMS, DOCUMENTATION, SOFTWARE, ANALYSES, APPLICATIONS, METHODS, WAYS, AND PROCESSES (EACH INDIVIDUALLY REFERRED TO AS A "DELIVERABLE" AND COLLECTIVELY AS THE "DELIVERABLES") DO NOT INFRINGE UPON OR VIOLATE ANY PATENTS, COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE SECRETS, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS OR OTHER THIRD -PARTY RIGHTS. B. SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL CLAIMS MADE AGAINST THE BUYER FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE USE OF OR SUPPLYING OF ANY DELIVERABLE(S) IN THE COURSE OF PERFORMANCE OR COMPLETION OF, OR IN ANY WAY CONNECTED WITH PROVIDING THE SERVICES, OR THE BUYER'S CONTINUED USE OF THE DELIVERABLE(S) HEREUNDER. C. SELLER AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTION AGAINST BUYER FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM BUYER'S USE OF THE DELIVERABLES IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE, OR PAY SHALL NOT APPLY IF BUYER MODIFIES OR MISUSES THE DELIVERABLES. SO LONG AS SELLER BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST BUYER PURSUANT TO THIS SECTION, SELLER SHALL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS Addendum Page 6 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, BUYER SHALL HAVE THE RIGH TO FULLY PARTICIPATE IN ANY AND ALL SUCH ETTLEMENT, NEGOTIATIONS, OR LAWSUIT AS NECESSARY TO PROTECT BUYER'S INTEREST, AND BUYER AGREES TO COOPERATE WITH SELLER IN DOING SO. IN THE EVENT BUYER, FOR WH TEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST BUYER FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT, BUYER SHALL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, SELLER SHALL FULLY PARTICIPATE AND COOPERATE WITH BUYER IN DEFENSE OF SUCH LAIM OR ACTION. BUYER AGREES TO GIVE SELLER TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION ALONG WITH COPIES OF ALL PAPERS BUYER MAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, BUYER'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES SHALL NOT ELIMINATE SELLER'S DUTY TO INDEMNIFY BUYER UNDER THIS AGREEMENT. IF THE DELIVERABLES 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, SELLER SHALL, AT ITS OWN EXPENSE: (A) PROCURE FOR BUYER THE RIGH TO CONTINUE TOTUSE THE DELIBERABLES; OR (B) MODIFY THE DELIVERABLES TO MAKE THEM NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MATERIALLY ADVERSELY AFFEC )R BUYER'S AUTH IZED USE OF THE DELIVERABLES; OR (C) REPLACE THE DELIVERABLES WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON -INFRINGING DELIVERABLES AT NO ADDITIONAL CHARGE TO BUYER; OR (D) IF NONE OF THE FOREGOING ALTERNATIVES IS REASONABLY AVAILABLE TO SELLER, TERMINATE THIS AGREEMENT AND REFUND ALL AMOUNTS PAID TO SELLER BY BUYER, SUBSEQUENT TO WH CH Addendum Page 7 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 TERMINATION BUYER MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO BUYER AT LAW OR IN EQUITY. D. THE REPRESENTATIONS, WARRANTIES, AND COVENANTS OF THE PARTIES CONTAINED IN THIS AGREEMENT WILL SURVIVE THE TERMINATION AND/OR EXPIRATION OF THIS AGREEMENT. 19. OW ERSHIP OF W K PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made, or suggested by the Seller for the Buyer pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Agreement and that are completed or reduced to writing thereafter ("Work Product") will be considered "work(s) made for hire" and will be and remain the exclusive property of the Buyer. To the extent that the Work Product may not be considered work(s) made for hire under the applicable law, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title, and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration or instrument of transfer, and Buyer shall be entitled to obtain and hold in its own name, all rights in and to the Work Product. Seller, for itself and on behalf of its agents, hereby waives any property interest in such Work Product. 20. CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this Agreement if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies which Buyer may have at law or in equity. 21. ASSIGNMENT / DELEGATION No interest, obligation, or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation by Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonably necessary to verify Seller's legal status and Seller's transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to Addendum Page 8 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees, or interest resulting therefrom. 22. WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration, is in writing, and is signed by the aggrieved party. 23. MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 24. THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any attachments and exhibits. This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties or usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used but not defined within this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be as stated in the second paragraph on the first page of this Agreement. 25. APPLICABLE LAW / VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed, and enforced under the laws of the State of Texas. 26. INDEPENDENT CONTRACTOR(S) Addendum Page 9 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Seller shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control the details of, its operations hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors, and subcontractors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors, and subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors, and subcontractors. 27. LIABILITY AND INDEMNIFICATION 27.1 LIABILITY — SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND 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 SELLER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. 27.2 GENERAL INDEMNIFICATION— SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND BUYER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCL UDING 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, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. 27.3 INTELLECTUAL PROPER TYINDEMNIFICATION— SELLER AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTION AGAINST BUYER FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM BUYER'S USE OF THE DELIVERABLES INACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE, OR PAY SHALL NOT APPLY IF BUYER MODIFIES OR MISUSES THE DELIVERABLES. SO LONG AS SELLER BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST BUYER PURSUANT TO THIS SECTION, SELLER SHALL HAVE THE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO Addendum Page 10 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 SETTLE OR COMPROMISE ANY SUCH CLAIM, HOWEVER, BUYER SHALL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCHSETTLEMENT, NEGOTIA TIONS, OR LA WSUITAS NECESSAR Y TO PROTECT BUYER'S INTEREST, AND BUYER AGREES TO COOPERATE WITH SELLER IN DOING SO. IN THE EVENT BUYER, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST BUYER FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT, BUYER SHALL HAVE THE SOLE RIGHT TO CONDUCT THE DEFENSE OF ANY SUCH CLAIM OR ACTION AND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, SELLER SHALL FULLY PARTICIPATE AND COOPERATE WITH BUYER IN DEFENSE OF SUCH CLAIM OR ACTION. BUYER AGREES TO GIVE SELLER TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION ALONG WITH COPIES OF ALL PAPERS BUYER MAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, BUYER'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES SHALL NOT ELIMINATE SELLER'S DUTY TO INDEMNIFY BUYER UNDER THIS AGREEMENT. IF THE DELIVERABLES 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 MA TERIALL Y AD VERSEL Y RESTRICTED, SELLER SHALL, AT ITS OWN EXPENSE: (A) PROCURE FOR BUYER THE RIGHT TO CONTINUE TO USE THE DELIVERABLES; OR (B) MODIFY THE DELIBERABLES TO MAKE THEM NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MATERIALLY ADVERSELY AFFECT B UYER'S A UTHORIZED USE OF THE DELIVERABLES; OR (C) REPLACE THE DELIVERABLES WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON -INFRINGING DELIVERABLES AT NO ADDITIONAL CHARGE TO BUYER; OR (D) IF NONE OF THE FOREGOING ALTERNATIVES ARE REASONABLY AVAILABLE TO SELLER, TERMINATE THIS AGREEMENT AND REFUND ALL AMOUNTS PAID TO SELLER BY BUYER, SUBSEQUENT TOW CH TERMINATION BUYER MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO BUYER AT LAW OR INEQUITY. 28. SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29. FISCAL FUNDING LIMITATION Addendum Page 11 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 30. NOTICES TO PARTIES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants, or representatives or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: TO BUYER: City of Fort Worth Attn: Purchasing Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at same address TO SELLER: Forensic Technology Inc. Attn: Jeffrey Russell, Customer Service Manager 7975 1141h Ave. North, Suite 2500 Largo, FL 33773-5028 31. NON-DISCRIMINATION Seller, for itself, its personal representatives, assigns, subvendors, and successors in interest, as part of the consideration herein given, agrees that in the performance of Seller's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON- DISCRIMINATION COVENANT BY SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN INTEREST, SELLER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND BUYER AND HOLD BUYER HARMLESS FROM SUCH CLAIM. 32. IMMIGRATION NATIONALITY ACT Seller shall verify the identity and employment eligibility of its employees who perform work under this Agreement and complete the Employment Eligibility Verification Form (I-9). Upon request by Buyer, Seller shall provide Buyer with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Seller shall adhere to all federal and state laws and establish appropriate procedures and controls so that no services will be performed by any Seller employee who is not legally eligible to perform such services. SELLER SHALL Addendum Page 12 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 INDEMNIFY BUYER AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. Buyer, upon written notice to Seller, shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 33. HEALTH. SAFETY. AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 34. RIGHT TO AUDIT Seller agrees that Buyer shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Seller involving transactions relating to this Agreement at no additional cost to Buyer. Seller agrees that Buyer shall have access during normal working hours to all necessary Seller facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Buyer shall give Seller reasonable advance notice of intended audits. The Buyer's right to audit, as described herein, shall survive the termination and/or expiration of this Agreement. 35. DISABILITY In accordance with the provisions of the Americans with Disabilities Act of 1990 (ADA), Seller warrants that it and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subcontractors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subcontractors against Buyer arising out of Seller's and/or its subcontractor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 36. DISPUTE RESOLUTION Addendum Page 13 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered, or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, whether through email, mail, phone conference, in -person meetings, or other reasonable means, to resolve any claim, dispute, breach, or other matter in question that may arise out of or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non -binding mediation upon written consent of authorized representatives of both parties. If the parties do not agree to mediation, or if the parties submit the dispute to non -binding mediation but cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 37. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the Buyer 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. To the extent the Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 38. PROHIBITION ON BOYCOTTING ENERGY COMPANIES If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the Buyer 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. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Addendum Page 14 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 39. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the Buyer 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (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. 40. INSURANCE REOUIREMENTS 40.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller or its employees, agents, or representatives in the course of providing services under this Agreement. "Any vehicle" shall include any vehicle owned, hired, and non -owned. (c) Workers' Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' Liability: $100,000 - Bodily Injury by accident; each accident/occurrence Addendum Page 15 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 $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 through a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of services. An annual certificate of insurance shall be submitted to Buyer to evidence coverage. 40.2 General Reauirements (a) The commercial general liability and automobile liability policies shall include Buyer as an additional insured thereon, as its interests may appear. The term "Buyer" shall include its employees, officers, officials, agents, and volunteers with respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of Buyer. (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to Buyer. At least ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 100 Fort Worth Trail, 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 Buyer to request required insurance documentation shall not constitute a waiver of the insurance requirement. Addendum Page 16 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 (f) Certificates of Insurance evidencing that Seller has obtained all required insurance shall be delivered to the Buyer prior to Seller proceeding with any work pursuant to this Agreement. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Addendum Page 17 of 43 Docusign Envelope ID: 287A1 B3D-E840-4E0D-90A0-30FAC76BA476 IN WITNESS WHEREOF, the Parties hereto have executed this addendum, to be effective the day the Assistant City Manager signs this addendum. ACCEPTED AND AGREED: CITY OF FORT WORTH By: William Johnson( r 15,202518:29 CDT) Name: William Johnson Title: Assistant City Manager Date: 04/15/2025 APPROVAL RECOMMENDED: By: RobertRobeAl' Id redge(Apr 15, 202511:48 CDT) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief ATTEST: °�F°Rr�ao pFo o �09.1d Pvo =0. c % .�Qdes Pa�� nEXA?64p By: U Name: Jannette S. Goodall Title: City Secretary FORE ��INOLOGY INC. By: /�'� 96E70349A3EA410... Name: Alex Finley Title: Vice President Date: 4/11/202 5 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: xgu' C.r-P.�r�� Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: By: A Name: Hye Won Kim Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0299 Date Approved: 4/8/2025 Form 1295 Certification No.: 2025-1270352 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Addendum Page 18 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Exhibit A CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas 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 (e.g. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") any affiliation or business relationship that might pose 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 Buyer or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the Buyer. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at httvs://www.ethics.state.tx.us/data/forms/conflict/CIO.I)dL 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 any Conflict of Interest, provide Seller name in box # 1 and use "N/A" in each of the other areas on the form. However, a signature is required in box #4 in all cases. Addendum Page 19 of 43 Docusign Envelope ID: 2907500A-FB2D-484D-8CC8-F6C27BF672E5 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. Forensic Technology Inc. J ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. N/A (NONE) Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? 71 Yes F1 No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Manufacturer and Service Provider of IBIS J ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 71 / o ✓„e�,s 3/17/2025 Sgnafure^o7ven-lr doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Exhibit B SELLER CONTACT INFORMATION Seller's Name: _Forensic Technology Inc. Seller's Local Address: _7975 1141h Avenue N., Suite 2500, Largo, FL 33773 Phone: 727-826-7235 Fax: 727-826- 7254 Email: —registrations@leadsonline.com Name of persons to contact when placing an order or invoice questions: Name/Title _John Molinaro, Accounts Payable Receivables Phone: _+1-514-489-4247 9336 Email: _ John.Molinaro(a,leadsonline. com Name/Title Phone: Email: Name/Title Phone: Signature Alvaro venegas Printed Name Fax: Fax: Fax: +1-514-485- 4/11/2025 Date Addendum Page 21 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Addendum Page 22 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Exhibit C VERIFICATION OF SIGNATURE AUTHORITY Forensic Technology Inc. 7975 1141h Ave. North, Suite 2500 Largo, FL 33773 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Seller and to execute any agreement, amendment, or change order on behalf of Seller. Such binding authority has been granted by proper order, resolution, ordinance, or other authorization of Seller. Buyer is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Seller. Seller will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. Buyer is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Seller. 1. Name: —Alex Finley Position: Vice President Docuftmd by, Signature 2. Name: —Alvaro Venegas P } g.VWsident , l'—' o ✓ ��s ��»71 -'AI I arc Signature Signature of President/CEO/Managing Partner Title: Date Addendum Page 23 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Exhibit D SELLER'S SOLE SOURCE JUSTIFICATION LETTER . ,w.Y r-vrtoisk Ter hriulvyy January 17, 2025 Fort Worth Police Department 3616 E. Lamaster Ave. fon Worth, 760i United States Subject., Sale Source Letter To whorn it may concern: Forensic Technology, Inc. 7975 114th Ave. Non4, Suite 2500 f Lar$o0 FL 33773-5028 UnIL Rate. Toll. Free +i W W424,7 le"s wlline.wM The I13IS"'ClearCaseT" Solution as well e5 the Quantum 31) Microscope"' JCJSM� and the integrated Ballistic Identification System (IBIS$l use tathnology that encompass several Patents protected in the United States and throughout the world, The Q3M is powered by IBE54 3D Technology that has been adapted to a new purpose arld has. boon augrrleriled with new capabilities, As such, manufac unng arrd servicing of all Clearcm;c ', ❑3M anti I$IS'-related products require access to peoprletary and commercially sensitive Information that is only accesvble to ernpioyees of Forensic Technology jCanadal Inc. and its affilla#e company Forensic Tectinology Inc, (hereinafter collectwely referred to as Forensic TechnolMj. Consequen#ly, only Forensic Technorojy, the exclusive manufacturer of IBIS* and Q3M, can providetheir proprlerary producrs, IBIS" BRA55TRAX", IBIS* BULLETTRAVO, IBIS" MATCHPOINT'", IBISO D= Concentrator, IBIS" Correlation Engine, Q3M and ClearCase'r as well as roaintenance, upgrades and wrvioes, including data migratimi, moving and tfainang services pertaining thereto, Furthermore, IBIS", currently in use In the United States under the ATF NIBIN prpgram, is the only techn414ey that has Undergone extenrdve tesring and complies with the security skandards. needed for integration into NIBIN. Other ballistic Identification technologies are not cornpatible with NIBIN. Sincerely yours, Stacy Stern Vice President Sales and Marketing Addendum Page 24 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Exhibit E SELLER PROPOSAL L 14 LEADS I LI IE Faref spc Tecli ologyl Submitted to the: fart Worth Police txepartrneni 3616 E. Lancaster Ave. Fort Warth, �6118 Uni4rd #stras Affenuon: Pau! Slocum, Forensic Supe+wrlsor— Firearm unit Firearm & Taal Merle Examinu, Crime Laborawy By, fume! 9c TechncADZy Int., i 7975 1142h Ave. NDrthr Suite 2500 �— LarRo, FL �13773-502E Date; Jamrhry 17r 21325 Reference Nv,; 5-10+453, Rew-02 TF&V uirA"k lea.hr&-1 ds ,Ca ept%, alidde4lu-0 .. lieana- Urci**nht p%%Me Iv7TLvia p�LM ixtR%lre&nx et end anr6knGel btuu. or rmencU xr?a mn or Fmmst Ted okily ffarodal L¢. oro* n Itw efe rKe To W ww. opted, or u1t OHd ro dlly dtw pn;,' WWNM the ad w- d wkbm c mwd of Farusw TaDhfkA%f I[anaLl y.Va ihat nre "Rrt rr 6err, rluir 1+3i�the Fieedprvr of'440... Fd:r Ad,, wb appimhra:Thererrir Iof LLdadka . nk yvns mbt dkcr and ag7 loh5W WDUiepw brain. Addendum Page 25 of 43 ououaignEnvelope ID: uurx1sao-Ea*o-4Eo o/476 �~��n^�� Executive swmmwry-------'-_-_-`___________________._________.� 1.1 sc4uti-on -__--____,____.__ _______1 1.2 raTemor7emhmology,|Mand mmmm_..... _,......... _......... .............. .... ___I 1.3 YwoCwmtwcl stp°ron*lerw*huw|o&.................................................. ............................. x Pricing and smwnmudTerms ........ .......... ...... ......... ... ,_,__2' 2.1 p*m|mm---__--_-_-__-_--.--__-----_---_------.—_a zm cuff ......... .................. ......... ........... .............. _'--_a 2.4 Paqmrmt Terms ........... ......... __-.-_--........................ .......... .......... ............. -s 2.5 ornvery........... .......... .......... _....... ...... -....... ....... --_......... -...................... u zs Shipping, ourlJw%naxes:�nd Feu- ...... -_....... -'--_--_......... -_....... .... .... _s zr Plron@rtvmNe and mlsuvoumr......... .............. ........................... : ....... -..... .... ...... ---4 2.8 Warrmnmm,.axv,r,|almmdwo,kmmnth-1w.... ......................................... ............................. 4 zy c"nnrrtmntmw|e|m-........... .... ....... -----_-....... --............ ___ ......... ----4 z/w Law and Junsd:elion__-............... .... ..... .................. .......... .................. .................... 4 2.11 umltw*wr*,uA4mty-........................................ ............... ........... ------- ------------------------ 4 2a2 Tef`nnnmtmmfor Cgnn:weFKa-_-__-_--_-__---......... ............. ... —_5 2.13 ru�terwaj*wm^..... _-_____ ...... ............... .................................... ............................. s 2.14 s"fto*,wu**mwAurewn-e°t--....... ----_--_-----_--__-...... ...... --.o 2.15 A,iailwuitycorrmTxm=rft........ __-_'--__--_----_---_--_--... .... .5 2.16 pnvmm'"fper5oomData ......... .... ............... ............. .............. ............ _-............ --w zz/ Ant/'E�wuwry...... ....... ................ -........... --- ................ ........... ___ .... ............. w sm0pemrsOM0@*--__------- ... .... ........ ....... -_--__-__-_-__...... -.--r 3.1 Slt�L Sro"rv*r... _-_-._---............ -._.—._--_—._---_--_-_--__r az Equipment Transport m"dmelwery-......................................... ............ _-............. -7 13 |mtm|yNtlon--_-------_--_--_-_--_-_____-__-__--__r 3.4 op-Slit^xcoantamce.... -.--_...... --_--'-----........ ---. ........... -.----a s.s Online prtrodxdn"rnai"inm--............. ... _-_--_—__--_--.................. m 3.18 SmFeGomrdwmnmmty----... _--'-----'------'__--_-_---'--_m /mISrmrmmvnemoorarneMs 0°v,,|mW-__--... ___---_--__---`-- .... ;--.—.z0 4.1 51gram°meqm/,"rripww----... ....... --....... -.......... --_......... —_-._-._10 4.2 s=x"onme,t-.......... ---___-_-.____-_----__--_--__--_.xm 4.4 p*°e,sMFCranq^irn=ents:-_............. ... ....................... ............ ..... ................ zz 4.5 Communication Lines ------------- ----------- _--------_--........ _......... ......... .... z� Annexci ° 5DIe 5mrcnLetter w Vhv**o)*|eim/B/N w smnxmes co°ab,eumysm&Gmm«y 0UrMMWmu'-VWAmAV.K9 n°&mwD��ol*ft Mwp"m*dm"o"fevw*n�m"��m��=r��v�"�= Addendum Page 28mf43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 1 ExecllrtWe Summary Forensic Technology Inn, (hereinafter refe"d to &s Farensir Te hnolugy�, is pleased to provide the Flirt Worth Polite Department (hereinafter referred t+n as the Cuskamri) ankh. this prapasal for our latest generation of3ntegrat:ed Ballistic Identificatiwt System ([els°1- 2.1 Solution Overview Forensic Technology ofifeu the world's (leading solar' ion fvr automated ballistic identification. IBIS solutions provide timely actionable iitellLenre for the inrestipaciur- w r 1i- vm-rr,-ryrrLwai 4r irrura, w4,-+J i li4r %wi r4r i4wWJ to the atrest of thausarnds of criminals_ IBES is the search Q119inethat helpe law OW-Mernent 3g0r6dQS ClUlCkly find Iiniu between firearm -related incidentr. I035 uses speciaiixed 30 mlcrosaapy to capture the unbque markings left by firearms on Find hullets and rorbidge Cases. The powerful ISIS conelatlun algonthlms reveal the most likely ntatekks In ibi3 rnetworks repraten i4g millions of bullets end cartridge cases. High finiticm 3D viewing rnake9 kt easy to curlew the top search nesuks, ranked by similarity, using virtual merrascopy to A5vally compare the stlrface details. A match found In 1615 is ofttn sufflelently apparen-t to provide an InwestlgaUve Ieadr wlthout having, access to the physical evidence. IBIS makes it passible For agencies to caGlsbarate seaMIOSCILir whethar it bit reglonally, pi#oonally ar intemationally. Each ISIS solution pnekagefeatums the latestgeneraticm of 10ISteehnalpgy and includes exceptional 3D imaging, the best corrnpariwn algorithms For ballistk evidence In large databases, and it reliable and secure data management inr rastruc[tere. De$ eUiptlan 14IBIN Cartridge Cases Aucquisitlori PaCkWr coinprisinjg: - One (PI 81RA557R.AK''Acquisitian Station NDTE: Tease see thre attached brochure 'WAy! to join NIBIN" for detained product features and functionality, 1.7 F*renslc7echinology, ISIS and NI3IN Because crlmlnals mane From jurisdiction to lunsciedon, I&S has �.i l I i 1.1. � I.. )celly share ballistic evidence across local, regional and Patlahal Ilk\ airs. ad i�, 106 P* trie hetkborra of the Natiar%al Integrated Ball4stic IrilforMatlon Ffetwork (NI!8INJ prowiding a valuable database of ballistic intiefligenae that tan help link h , i_ 1.. nadonwlde. Estabtlshed by tha Bureau of Mcaholr Tobacco, Flresrms and Exploslvex IATF), NISIN Ilnks crimes more quickly, generates inwestigatiwe leads that would c#herwise not have been detected, . ' ' belliEewe across }utisdietl na:l houndarles, and gives prosecutors admissible evidence to corroborate witness testimor,w_ IN 18iN is the only national network that a€lows for the capture and Comparison of ballistic evidence to aid in w1ving and preventing vVent c, ia.. , i ; ring firearms. It is a resource that is vital to any wtolent crime reduction sbategyr providing investigators with the bbllltw to <*rnpore thelr MelbstIcs &Adencc Wait evidance From other cNme.s outside of thel rjunsdktQn, 1,3 Your Ccnta ct art Forensic Technology Should you h; 0 . , ,, iofis about this prap%al, . - i.- - , hesitate to contact fair, Jeffrey Ittisselt kn Denwer, Calorado at taleoone number +1 720 621: d584 or via a-mai l at jeffrey-russefl&feadscnli ne,cam LV RAMrw¢r A i 1r,443 Nrr, Jir "V 17. M5 Parr 1 d ti tige & aKdwn of tIrk Au ft l rtto Ur6 fE6RuW11451iIkti on N tow? ,r pe�eafihrhdanrrer[ Addendum Page 27 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 2 Pricing and Standard Terris This sectlon dttak our priers and standard trans. -Iri[n aesrlj4i1 'Total Prllce (lasr�] NIBIN [arty Idge Curses ACAUsitlon Package, cMpritirrg: One ill BEA 55-MAX Acquisition 5ta#ion -Dna Ill Cartridge Case Kit One i 1] Cesar Printer $147.494 - Orla-year 50eGulerd Warranty Shipping and handling charges ODP Cust-amer PremItes Ilmotmms" 202a}, unloaded I rotallati.nn and €ar ' ... 1-r , 70TAL PME (US DoHarsi S1A7,Aga 0�#fOtkd� l#ertls Standard Item SafftGuxrd Wwrritnty hA1ow1nkgone-ye2r Prlcrr Muiki-Year Discounted warranty (erns - Ditenunt price (U501 1. One (11 addWonal year $18,494 {$643� $17.851 2. Three (1) atddlilanal years $57,M ($5rm $51ASA 3- Film (5) add it Innal years $98.186 {$I9,125� $713 361 NOTES= L Pr Icing In this p remposal Is based or1 ATF providing some of thelr rna ndatM security components, 2. MvI#t-yeir Maps; ylgl ( A l.'*tantfdi s4yin6s which arq dE hlvved as a result 4f Ivy -a y disenuntsand the absen€en# annual indexatlan- S. Pricing abuvv dais not imlude Basic Usor TmIning at the Cuslorner site. Howelrer, It Is Forrnslc recFtirraIWF, pall cythat al sys#ern werators be tral+led by a ForenslcTech rnafagyrertiired Instructor. Failure by the Cu stolner to adhere to this p-cAcy maV result 1n the canoallation of all warranf3es and service agmemere#s. 4. Prlsss foroll aptiarwi "IwGuardWiarrantyItam; argUEed cn purchizg"paynwH# a# varFmUmg as the rquipment- If the Cwtorner wishes to purchase exterKkd warranty separately from the equlpmera, Fprenulc Technolagy reserves the rj9frt to revise [he PracIFeL S. 54" tfm CustQrn er has %rIeO Fvre"d; T"tMology with a valid Tax Exemption Certifkate, no State Sales Tax hat hee-n added to the pridng abdva. 5. Pr1ce ol)o is "inditipned opon * purthaae order being received by March 15*, 2025L if this condition Is not meet, we reserve the FkOA to revise the price. LV RPhl r+, l[r lY ip+53 Nrv, linlW 17. M5 L1.0GrGKSilrhure01ft4N KUbJEC.:: -: -31.0.1..VLP: P:Ji 1UtowcpWafth&donreer+. Addendum Page 28 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 Standard Terms 2.2 ProposalJoffer Validity Period In accordance with thre rurrerrt snipe of the project and requirements, tliis proposal is designed to provide up to date I nfoir mtinrl on our products "dlol samoes and related prices. As such, ad mformatlon contained within invalid as at the date of issuance of -chile proposal arwJ es sclblect tv change, without notKe, after March 15, 2025_ 2.3 Currency All pnoes a -re quatad I n UnitodStstes Doliam. 2A Payment Terms Forensic Te,dinoiagy will invoke the Cwzumer upon shrpme-nt fforn our kocatjon. The paynnent wl II be due iDO% net thirly; 3b) days from the date of our rnvolc-e, 2.5 Delivery Standardhardsvare delivery leadtirrres are between J and8mnnths ailliff teiptand atceptante of purchase order. Otcaslottaliq delays In parts deliwrry fro-fn out suppliers is experiencedr therefore the delivery will be confirmed upon re�rpt and accefmli" of p,archa:e ordeF. Expeditled delivery lead tirnes of less than 3 months may be possible deper,&ing on availability, an mpedlted dellvery fee can he quoted upon request, The Installation date at the Customer site WIN depend on availability of the equipment on -site as well as site nr2dirmss Including this iratailattori *F all requIrad {4,IIII IRIJI iLROIJII lnIN%- Fui NIBIM unnuLLIVRV, ilMallaiiuet by ATF of JIJ Met commurdcattan boas ks mantFatary before the equipment Installa#Ian be fully completed. Upon receipt and acceplance of the Customer's Purchase Order, Forensic TedinokW will notify ATF aQrwdirloy w that thre JUTNet prgo.ess may start, lr parallel, the CuFWrner should begin the necessary site preparation In conjunction with Forcnsle TechindEogy_ Delays related to I metal Iaboro of 1 UTNet cammunrcallon Imes [an be up to sev eral months: it is Thamfore ancouraited to bagIn working wahh ATF as scon as passible tea sch-edule i(1stallatioqr Whera delays beyond Forensic Tathrmbgy Int.'s control preuent installailion sthtduling and complctlon, deFivery to the cuspoTmF shall proceed along with air Invoke for 80% of the value- The customer must store the-9QWPMent in accordance with the prescribed parameters uMA installaWn can be w;fleduled, if this perlud exceeds 60 dsytr then the remalning 2C% of the value will became due. If the customer's facility cannot stare the equiprrrent, thin Forensle Technology M11 shlip In piece the egWpment whereby title will trarlsfer to the custarmr along with an invoicefor M of the va lue arW the equipment will be stored at our fadltUes free of -charge. Should the delay exceed 50 days the remaining W%,slue of the equipment will hfrnmf rluw -anh efnrAp rhatpc may xrrl yV 2.6 Shipping, Duties, Taxes and Fr±es The equipment will be shipped DDP Customer?Fernises flotottrmt* 2020). unbmded, Forenslc Tei�bnologw will be responsIble for shipping thE@ goods from its Factory to the installation site for all charges related to exportatlon, uastams clearance and Importation ofthrsgvods, as wel', as duties and taxes related thereto, arFd For unloading the shipment vn the Customees loading dock. The quoted peire exdUdes sales and/or wlfhholdirrg taxes (if appllcable), as well at storagefees, which wHII be for the Cmtorner's account. Orr RrkrMM It. S-IDUa, fix,19 W.We I7,10Z Haw d a' 1,4SOOF xAmre or 4*,Me B %kO ttu the icM9almcud" OM d* 10. pe�af rti6dm.b�l Addendum Page 29 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 2.7 Property rrtle and Risk of Loss Title and risk of loss oft he equiprn-ent shall pass to the Custom of when the equiprmnt afrive at the point of delivery, regardless ofconVietlon of nrk•slte test fYatad-ure and other sertnces required under theaoMratt. 2.8 Warranties, Material and Workmanship ForensicTeGhnabgv wafrantsto the Cu5tomerthat kq products delNered shall be new and free from defects in material, wo-rkmanship, and title. Initlal delrwervwdl consist of fattory new parts- AW2cerrttnt parts dellvered durinirthe warrants+ oarlod may be refurbished products or parts - Forensic Technology expressk warrants the protects manufactured by it as meeting the applicable specift,stions, Forensic Technology makes no other warranties ellh>er expressed or implied [including without hmitation warranties as to merchantability or fitness for a parllcular purpose). The Customer retalns resfsonslhlllly for the appilkation and functional adequacy of tha purciresed syge!m, The [ummer or anAy other thlyd party must not alter the system's configuration, either W installing hardware{software or rnodifying system parametem Should any numbfacatlons be performed by any party ather than Forensic T*rhrpnogy, Forensic Tacheodogy rewrwn the right to void the balance of the symrn's warranty. 2.9 Connection to N151N This prapmat assumes that the Bureau of Akahol, 76batro- Flrearms and Explbslves (ATF) will grarrrt the Customer access to the National In#elgrMd aall�tic Information Network {NHAN1, a Nlblff-106 Data Concentrator and a Pal 81N-IBIS Correlation Server. b Memorandum of Understanding (MOU) between the sgentim must be in p lace in order for the installatlors to be fully COrnpIvrted. 2.10 Laos and Jurisdiction This proposal and any contract arising frorn this proposal is governed by the laws of the State where Custmner is located (without regard to aanflidn of law pnnrlples) for any drspule, between the parties or relating In airy way t.o the subject matter of thks proposal and any contract arlsing from this proposal. Any suit of legal proceeding must be exclusively brought in the federal OF state courts for tore county where {ustamer is located, a,ntl each party subrrlits to this persunal Jurisdiction and venue- Nolihi rg in this proposal and any cantrect arising from this praposal prevents eitJ,er party from seeklog injunctive relief ire it court of oorr►petM jurisdiction. 2.11 Umftatioo of Liability Exaept as may be prohibited by applicable local law, in nn event shall Forensic Te6nology be Habit for any special, Incidental, indirect, or Donsequential damaps wlratmover (Includlrki, wltlwut Wank damages for lass of buslness profits, buslness interruption, loss of business infurrnatiorF, or any other pecuniary k sl arising out of the use of or inability to use the synem or the drJrrtry or fallum to dallver support srrvaces, even if Forensic Technology has been adviwed of the posslbdYly of such damages. The [usmrner agrees to Indemnify and hold Forensic Technology harmless In such events, nr wh&i"P r m r� tna:„3, FW V mwrn 17. DU5 P64a a d I t" ar &A USure ar rW ma K wuh*dw the res TWM amktied un UtWc WWarthmdo_ _ --• Addendum Page 30 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 In the went of any BUIlty of Forensic Techmlogy to Customer related tot" equipment or the services, the liala liky sha Ir be iirnite d to the lesser of ta) Customer proven direct damages, or(b) the purchase pride of #le equipment and the seruires with respect to which tf a alleged losses Or damages are daianed_ 2.12 Termination for Convenience Upton written notice From the CusWrner, shouid any contract resulting From thls proposals be lermInatted for the conveniwvice of theCt,rabomerr FaremicTechnotvzy shall be entitled towrnpensution fromthe Custmtrerr as fallows: * If the termination notice is rammd pmr to tho aquPlanwnt acrryt paeko# #t tPto (Mluryr rho Customer shank pay Farenslc Technology 35% of the total value of 111e Wrltradr us well as arty w5t� incurred to put in place and cancel any bones or other sureties r"ukred by the Customer. • If the tern migtron notice Is raoelved attar :he equipment rS pads e4 and/or shipped, but prlar to lnstaElation at thff Customtls sit@, the Custamershall pay Forensic Techn000gy 75% of the value of the cvrrtrKt- In addition, the Customer wi I also relmburse Forensic Technology for the costs of crating and shipping the equipment to the Customer's sara and back to Forensic Technology, as well axany costs Incurred to Patin place andca:rc1 anyboods or -wither sureties requtred by the Customer. The cwltract cannot tie terminated once the equipment is IrrstaNed at the Customer's site. 2,13 Faroe Ma jelure Foramic TcchnoiaQ'y+ shall not be Ilahle for any delay or failure to perform env of its oi}ligatians hereunder due tacamesbe:ywW its mritral and without its NO or nagligente, whatherfomm-sab€nor not. Suchrausm -lwll Ise di vrriad Iv irlt. udv, lmt rrul W llli lilxd W: pets or kart or the public enemy, stational emeraeLrcaes, warn civil disturbances, inaurrection w riot; stiikesr ldcloauta, or any other industrial disputes; fire, expkasionr flood, earthquake or other [Atastrophesl entrgy shortages; 5erioul, accident, apldemle or quara„ " mstrictron, allocations necessitated by matenal sh6rthget. dillays Irr MI4 Otj by Povansle TmtEtiDld t suppliers or subcontractors, or failure of tramporhmivn; or any law, order, reguh9tion, direcbon or request of any government which have affect on the transactiam contemplated ivy this Proposal, including without lanitation arlyapplicable embargoes, sanrtlons laws, or export. controls, 2,14 Software license Agreement Use Qf the 11315 equipment is subject to u wFftwem license agreemem, which resides -Un the machine, users are required to aeccp►t the egrr•enent pnnr to havrg access to the system. License fees for all software provided with the syxterr+ om Included In the Initial purchase price and are metudad In any subserquorlr 5ONGuurd C#targe& 2.15 AvaitAhilkty Commitment Forensic Technology commIts to the supply of spare parts for a Period of seven P} years from installation of the equIpmt:nt, of a aeNctWe component cannot be replaced due to dlscantinueitiort by its manufacturer, Fprensir, Technology wriil make the utm"t effort to praoast an alternate solution_ W &*raw it S-1o45L,Nw,y¢ .Wxlfrl V. =, dkz tbew0WIMweorr►FoLMUec Icy,rnurM,rasTrMallynlhid'rt,H*IIompascal*md3curwnl Addendum Page 31 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 2.16 Privacy of Personat Data When dealing with personal data. as it is defined in the General Data Protection Regulation �WPFI� Forensic FecfrrrolM Is come It led to protecurrg the prllvaty of airy suc# personal data It may held, and wd I do sousing appropnate secuntycontmh and proceriures. Foren!ic Tethnolo�yrs als000mmrttedto ensunng campllamor in all services and undertvirig processes where Varsaiwif data �s p;acessed an behalf of partners and Customers. unl*s% requkrad by Law to do Or Fr}rtfisFe T0tl%h010Ve does nW, and does not Intend W. share wlth partners, other Customers or third parties, the personai data it may hold and collect through its mariv business uperations, Forensec I606olo4y uses personal data Safely far cornacring I1n13lvlpua'5L In tree worse of norrnar business and in m2�rketing activities. At arry tirne, IhdfvidaeIs may regvest that their contact irFfarrnatiarr be removed from our darabase or they may opt out frotr rerelvlag futummarketing campaign @nails. 2.17 Aral -Bribery Forensic 7echnologyr represents, warrants and agro@3 that it will wmply with all applicable anti -bribery laws, InCludlug the U.S, Far-ehgrr Cornrpt l*ra[tices Act �'TCPl4"}. Forensic Ter:hnology shalil naE offer, give, or agree to give any Custarner-ernployee air Custornerofficial a gratuitV or an offer of rrmployrorntln connection wlth any dick an, apprcnraL racommendatkon, or an4 purchase request, irdiuencFng the content of any sp dFicatbon or procurement stantlartl ar a aantraCtor suboontra€t or any mlicitation. -The Cystarn.er represen t9. warrants and OgFeeS that it will comply with all applicable anti-bdbm laws, Including the FedcraE ArAkgrlbefr Statute and arty other state, local laws, regulations or rules it may be 5ux ject ta, Ind Wiling laws, regulations or rules relating to gift and hospitarity. Ci r "rente W' W%3, fflw W Lanier t7.2W5 FMefi a`1 ES Use%WttoOrer891rrPIkeM1Mlk-Htldltfb{idepWaF#n6m Real Addendum Page 32 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 3 Scope of Services This sactlan &tads tha serwcas Included In lags proposar, 11 Site Survey Fonen5ic Technolo¢Y ■,quires that the Customer complete a Site Survev ahead of equipment shipment The purpose of this survey is to utrify that Ilse sites seletted bye the Customer for the Errstal lation of the swstern *r rapHes with the site requlrernehta described In t61!�'IBIS f*salty "Lh1mmar4ts Ovl�-rV3tVr, �lgment�Ft+T hp varifirsh imirlLo.e, her# We rr9t limited to: * Floor plan wrLh d'manslansof the proposed ocatioR4 Farer'sicTechiwli?p rn4y require ph(1tpj[raphi to be %Ubmitted) ■ Confirmation of network end electricar systems ■ description of enviro-imental factors, for ex*rnplo; t4mp1W4Oturar hurrddity, dust free onviror M40tit and expos,ire to direct suniigfrt The assigned Prater' Manager will provide the Cw!5t mer with the Fmil Ity ftequlram-anTA and will be available W answer questions that arise. If the Customer finds Ow the results of the Sltt !. i F uns.atista€tort', Forensic Technology wil' outline recommendationsto iensure the sites rea.dyto receive the systtm, I OM, lf, at lnstalEation time, one or more sltesclo riot Tully meet fatrl&y rtgdirttr'ants, arid the tethnklan must feturn ori-sita or ektend t1heir visit to > ainplet'e the InstallaVon, all addrOonal expenses l labor, tr"el, Il,ring, etc.) Incurred by Fnrensk 7echwici y wi{I be for the Customers account, 3.2 LqulpnnOnt TraMPOrt and DMiW9rV At rontrmt award or shortly, tl'emt if tat. the Custarr'ar will ba asked far InfdF nation In order tin Wedt'rate and opti'nize the delivery process, as follovn_ ■ Detailed wirm ignee infoimat'on contact nodes, addresses and coordinates} * Informatior _ ...... .: rte .:iticm' process, p(efarred iusturns agent if any) ■ Documentation requirements • Any othotparummi Information After successful factrkrrr tests, the System will be disassembled, packed and delivered to the Customer for installation by it .. nology qualified personnel. The Cvstam n will he raspons1l a for supply i li; a,itable off-loading faculties, forklift, dolly, and other nwving equipment. 3.3 Installetle" The installation of the proposed systtm at the Customer -prepared site will be con'duded as follow; ❑es(rlRtlon N181N Cartridge Cases Atqulsrtrorr Package 11NhNn one �2) working day Q► ae] aMn[e W SiP753, MW w be rW(t7 2ws 7 al tl usear+tivtwfferdtar 4MBaddledionrewArMlanoutltretlanttraetvepWaFUadmzAenl Addendum Page 33 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 NOTE: This peopasal assumes the r`ustamor will prwvltlo one (1) able-bodlad per5un toaSSM the Forensic Technology field techniclan with equipment lifting during the Ifistellation, The Customer rmtlsr assign and prrovide the person's name to iamnrIc Technology pFbF to the planned installatlon date. The Custorner will be responsible for a WSU(tV this person has adexj"te bodily injury hcauranm coverage. if the Customer fanrat provide thks person, Forensic Technoftyr will The required to send two (2) field techn1rians and charge the cost to the Customer, 3.4 Ott -Site Acceptance FeAlici ing the Installation of the system at tht CL,, rMmwr site, Fnrimncfr TitirhneOnp.V will WKAMdrr A Twct Procedure, Upon the successful completion of thk ari•slte Test Procedure, the system Shall be deemed &xtpted acid the Cus* mer's auei•wdzed p•erso+irlei shall be required to sign the C'ertifiente ej CorfarmoncR orrd Final CusT*nvrA"optarK-e form. The "rraFtt*cormrn@m@s upon the successful camplatlon of then on• site Test Procrrl:ure. Acceptance ort•slte is not to be ., , , .; t :; transfer of Wk. 41hip to tare Customer, 3.5 Ordi ne I n'troductoryTra$nin& Ups n ronfirmetion from-tha Customer of the name{ and titles of tralnees, Forensic Tecbnollogy will provld4p onime trmning rraderrtials. These crecimbals wIR allQw the trainees to -access irtroduct, s . : .., uses, These courses afe introductory IeMelr designed for trainees wfio aro rwt ye-tfumiliur with IBIS tecfimalogy, 3.5.1 Training= Manufactufey's Recomy"n4allon In orckv to maximise the Custormrrs irrvestment in the IBIS technology, For":" Technalogy strongly recomummiz OmtalI5.vstemoparatorsbetrained bye t•orens4c l eclrnalogr -orFliUl ALita,on i -•,:- ,MAI I prior to use. This wil I ensure that the Irtstalled technology arhleves the expected results and meets RS intended purpose. Co rnpleting symrn training with a certified tra ine r alsp Facilitates receipt of support and assistance from Foremie TerhnolcW's Global Customer Solutions team. Ni?TE; CaTtfidge (;as -es TrlageTrair ing iS not Included In this proposal based on the assumOori that trainees meet the following conditions: • The tralnees are Firearms Examiners, or • The trainees are experlenceol IBIS techniaansfarnlller with perforrnkng Image, or - The Customer will provide Its own triage rraining prior to the BRA5SMAK training, 3.6 SafeGuard Warranty The proposed IBi$ equipment inclWes the initial cn"1� 0r Uleuward Warranty, plus five additional Years, covering parts. L '„ i i ,+€{ware upwmdesthat eammemes upon the successful vwn-pletionofthe Can -Site Acceptance, OF three 0) moritht frorn the date of sliiprnent, whichever occurs first. All 1865 systems depiloyed on f ISM must meat the U.S. Department of lustke JDWJ security requirements. Faxersslc Teehruxlogy's SafeGuard W&rrarrty i;ndudes k" services that ensure all 11015 sYstemS t.. , ' .. , he compliant with the 00; requiremerts- WFrh&i"PfrIrr�in453,riri,@ AMMVm't7.B 5 Lrse ar t�adosure d iYls aBra � suhlectta tree resirbHcm avnk�edon ttemwc ne�earH,edon,�rx Addendum Page 34 of 43 Docusign Envelope ID: 287AI B3D-E840-4EOD-90AO-30FAC76BA476 NOTE& L It the on -site Test Prmedure cakes place more 1 Nan three �31 ononths komche dKeof Ailpment due to delays in the Installatlon Of l UTMet eomrtuAl cation lines, the start of tha warrantV W91 be pnstpanetl iltcofdWly- 2. Please see tfte attached hrmhure far additions: details on 5afeGuard. [kr k4ffeWAr 5-104Y3 RN. G AftwY 0' 2 5 fwe � a' AWrnrdPsdosurec��tiskala su�jc�ttome .. 1 1. ..,. .,tlanmeuvwpwafrtadonree& Addendum Page 35 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 4 IBIS Fad fity Requiremelnts Overview Thlr sactron proWrdes an overview of the IBiS latiIlty raquIri!mm%nts. Forensle Technology wall protrldc the Customer with the fiarmell3lf if Iel4Liirernents do"rnentatir)ri priorto the start of the project- 4A Storagie Requirements I n the et*rd that tl L .. _ ...[ will he kept in tust4mer•provlded Storage prrar to installation, the storage fecl Idly ME need to have, at sIR tlmea, a ternp W%jrrt beewean 0 and 54 degreesCelalua (32 and 122 d*Veex FahrenheA) with a relative hurnidiW between SM arvd 70%. 4A.1 Crat€ Dirnensions The ay_. ,..;deNi,-eredinwo;.deniratesandthndlenear`lmnsarobyfolluwf,: Equipment NIBFN Cartridge Cases Arqulsition Package 4.2 Environment Wrnensions f W x L x i-I I (I ni J Weight I I b1 Crate 2 Cra le 2 31X24X40 35X73X40 245 [it 400 lb Air condklcelnS Ic rmand *WV. The Cu0 m , . i eintain, at all times, the temperature of the room(sl housing the system bekweeri 15 and Sd 4eg£ees CeIsR-js (60 to 8fr degrees Fahrenheit) with a relatiue humidity hatwos n 50%and 7 6, Famnsk Tashrtalagy rasem indi„Jc LI,aL Lim ty6twm tm i1MAIMJ o, a ,■raLiwaty Ll�i- free operaling erfvir-ori nent. CirpeUng Is not recarnIMLAfd_ 4.3 Fomprint The footprint equired#pr each map rcnmponent is detailed below: Equipment Fina 114 T#ta SRASSTRA.X Acquisition 5tatiun can be installed ea a sturdy table or desktop, which Is to be sv ppl Ied by the Customer. Both the table and BRASMAX Acgalsi#don StaLtlon work Bask nood is b4 next ko 4ach othersnd whrrr corribl-ned with the o .: ; .. „ . ' I aLmess space retire a footwi rtt Df W91" x D197" x standard roam height_ TheOnwr rests an atable that is to IxesuppliW by the Custorrw. The Printer table needs to be installed next to eitiherthe. BRA55TRAX Acquisition Station or the MATCHPDINTArralysis Station, The faatprint for this table would he aDproxims"ly WW x 030" x standard roam iheight_ co HedamKv R dim A %w. Ku w.Mrrrrr 17. =4 par W a, i1 i e4rdoxigs,LrgorbNUk rt:b 0n*bi+WerPaee&*a6oaancl Addendum Page 36 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 4.4 Power Source Requirements The power sovnae required for each mnapor wornponeret is deteHed below: Equipment I CIUA &ewer Rrstl*1r, SRASSTRAX Acqulsitdon Statlan I 2F140 vA ox. Ht-at Dissiputlon Per aloud 4700 Printer I 1000VA I 25D0 NOTE: All the equiprnentabove cues either a 100-120 VAC 60 Ht of a 220 � Z40 VAC 50 H2 single phast power 54uFee. 4.5 Commundcatic n Lines ATF wall Furnish tl+t eomrndnxatlon Ilrors nrrd*d for Forensic Technology to provide remote technical support and far networking with a#her IBiSr Systems. f1OTE; Forensic Technology will not are liaMe for the lack of terhnkal suppmt to the -Customer due to unsultable €a mmunication lines. 4.6 Local Are a Network � LAN) The Various cumpanents of tha proposed system art- mtercunnected Yka a Fast Ethcrmt;10U9.ese-T) L}tiN. Fell oofmw are the comtlectivity requirenwrits= ■ If a It the sy5tern worn pone-nt# are to be instilled It, the same return and the length of the LAN table InIM doM not emceed 30M (1001r Forensic TEchriology wiU be able to pnovldo . , re. and the I .. i :.W to set u# the EAN. If there Is ono -or mom systt-m comporLants to be ihstal ltd Iri the same bullding but at different locations ii.e. not in 1 ,- : 1 .4m), then Forenssc Technolop will require collaboration from the Customer`s lowal IT and WikNng mainten}noe staff to facilitate the installagon, The network infrastruchue should he Category 5 9F 6 cc-rnpWrit and terminated wot#i an RJ-4S cwmFnHw.tor. Any netmmrk point provided should be within, 2rn t 79') of the €a mponent. W M-bmenrr R' 1IM 3, 5W. Q Anwe 17, 2M5 Pax It 0; We DrftkcroOFI<UDi 7sbJBCit4la19r[UVM4q,0iAlh8 fiFUc"pwdth.d. .rh Addendum Page 37 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 L 1D L I h71375 1�Iw hs1ft Ar uitf 25N - F IEMiCTecl.1�uL.;W L8r�o- rLB3773-5n28 UnfUedMaws 71AFor +.I M 8+1420 Iiidlronpnr.eam Janaary 17, 2025 Fart Worth Poliee Department S616 E_ Lancaster Ava. FOrl WOfShi, 7610d United Stakes Su4Ject= Sole SOUrCe Letter To whom ii may corwern_ The IEIS@ CbWC Se— S010164%aswell astheCluanturn 30 Microscope" (03M) and tree Integrated 6all+stic I-deneirtatlan S"m (1915'a} use technology that arK)wnPass several Patents protected in the United States and thrau au#the world, The Cl3bA is powered by MS" 3d Technology bat has been adapted to a new puTPose and has been augmented with new capaldlltha. As wc h, marr41feshrrir1g dn{l Eervle;ing of PH Ck4wr mL ti`, MIA and IN".rolalad rimthartt c*quYrf arc►ct to proprietary utd cvrnmemially sensitive irifarrnetiion #het is only accessikge to employees of Fvremk Techrmlagy (Cansdal Inc_ and its affinate company Forensk Technology [nc, (hereinafter calkert;vely referrad to as Forensi it Technology[. i Q;isequently, only Forensic Technology, t# a exdusire manufackufer aF 1015" end QW, carts provide their proprietary products, 18156 BRASSTFLkX ". IBIS# BULLETTRAX-, IRIS-* h4ATCHPOINT—, IBISa data C"Centrator. IBLSt [ortelatkn Englne, CM and Ciear[ase'w, as well as malntenanc . upgrades and services. induding data migration, moving and trainiilq services pertaining #iereto. Furthermore, 1,13155, currently in use in the United 54afes under the ATF NIBIN program, is the only technology that has undergone extensive testing and complies with the seeurity standards needed for IntegraLlon into NIBIN. Mer isalklsuc rdentlflcawnn tecklnolopas are not compatible xath NIBIN, 5iincerelyyounr Stacy Stem Vice FresWen# Sales acid trtarketing Addendum Page 38 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 WAYS TO JOIN NIBIN Entering firearrn a'yiderKe into the National Integrated Ballistic Information Network produces new investigative leads py i,nkiog firearm -related crimes. W DEFACE IWY@STlGAnYE sLO �'� 61NLEAaFOLLOW-UP �ISITRIBUT1ON 4 FULL CAPA6ILITY MAIN epriridi4 Cage. TIhA9A Acg11Wpm illd i4mh%ls ANALYSIS BY PARTNER AGENCY OR NHCTC NIBIN Carnidgd? Case TnagRar4 Akqulwtlon 5kND OR CARRY TO PARM R r1 0 1 0 S.walt 6"I o-K+wr—L"4, MEIN"ro ow u1w 4t 11w, 1& 4,~ w-u.iN! NIBIN National Correlation # AVVro4de:dediratedreswresfor *elurmi-oundofimablgd#Nekl ds withal 2"8 hours. and Training Center (N CTC) +n,Ie-re�nevsnp is sugiexc ro riTf �oprovaV Addendum Page 39 of 43 Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 NEE IN TRAINING & E-LEARf ING Access to NIBIN requires formal training, offered on -site ocat a tr3inirtg cerr er. Eme 14i:&N user has access ro at i e-learning sanwr j to deepen du r knowledge and maximize lrreir eriecriMeress, wiclWiny multimedia: Lralning courses, user gLIdes, tum-Lo vkleas, and inforrrativ2 wvebirars. sit rioL*€n-VA PAG800 *. NIBIN CARTRIDGE CASE TRIAGE The stereo zoom mKfosc-OM a-ilables a NIBIN U2[kn idan to Istage Lartrklge cascs CJkiwi f1w 4 crime scene, a-O-those that are Lest4$ f crm.a seined firedTM, selectirg the t-E-A candidates for enlrylnto NIBIN. 13RASSTRAX NJIMN CARTRIDGE CASE ACQUI51TION Digitalk captueos the regions of irverest can a cartmige case in 2D ants M reuea0ling aom der lr,% urepres9ian Lit -tall and mulsiule veewmg perspectives that dry ttp63aded unto NIBIN to automatically search roi maiehes. ULTRA 4 MATC14POINT NININ CADGE CASE ANALYSIS P7ovid-es exiensive 20 and 30 vIswing tools is mAeew rice carelailori timdlt�, slgnlflcAmly Iricreas,ng IdEnt1Intlan success raus< Figlxr�r7fdderxe nutchrLn chn he quk:My comrnurrrceted avleada tp Ir1V�54]aE0r5, FOIIOw us tw�rw.0 Itra-fotensic!echnaiogy cam Addendum Page 40 of 43 I Qp: S A F E G U A R D EXTENDED WARRANTY AND PROTECTION PLAN FOR YOUR LEADSONLINE= PRODUCT a� NEW & IMPROVED! 44 r- -W1 Ik A A $ MORE SERVICES & SUPPORT THAN EVER Maximize systarn rsptime and efficiency with SafaGUardT"; nrl.•lyc .lo[x rmhomes suppor, P. {..•.:A3y'ARrtme:irleinisfteami S-Alwarerspd&U!S iur ggWin-UGUS. UPtimyl OSrf'Prm?lrIGC Ccn&mus user edu:alion !o mainfain the♦' hesi Aill levrb. Minimize your equipmenE downtime. New! Remofa rpacHi ng and workstation refresh. , L C D S ON L I N C Docusign Envelope ID: 287A1 B3D-E840-4EOD-90AO-30FAC76BA476 W EVEN MORE VALUE VYMATHE5EHEW ELEMENT5 I �+Fb �x+tMatla� YFn.kdrh+MF r�lf+sk L.i..r{Rtirtadt� LET US KEEP YOUR SYSTEM iy�. rhiaJyRv d�-i+oL RUNNING 0PTIMALLY 5O YOU CAN FOCLFS ON YDURJOR Fc3o aoui 6SP A..h.k.l 0--11- td-.- CU14R 6atLlltraew Supw Sapvo-& lyftb Com I1pow6s Cra EAP;wwt [..�.cor_..Yt. L•-..dL �..i. Oy .:.Lay d .�sy �.• w- ►rt... Sinr.t..w odb.d5-s- +q..wo-o +ta• mtor..tx.Jt .-.. �trw .. •ter h—...-.Yu�+..�wrbi kfee�.ni.�yt -aw--�.-y.o.'+ta �r�I P+�Ri�ak �at�.d Riw 4tltw.w AMNAW-pw 5111.Yh""til �R/a Y.Yat.`La.arr7LR"—' c. I.A.W-W tL_.. ` a'-..K C¢iu .L�rtR..R ayY -.0- Rt .d-YrtYrr�fiu fFti..db++oR yYw ix ho--*LiI Y1Y1�Yla +cuY[an flY+rl7f wu la'ily RaYs�.4y�i t43dx.�rsut ttw--i-M-..d r I.It Rlawll i�rwnt Fkkrd—oP�t m as .at rrL awa...y RR�RRL ayr.LayR •..._ _._ AN 4RJ M�yF� rsn ..Y,rt vrr,r L. an9..1 •�r.Wt�FY �.y ls4nw. ` YrrW F64 FrRFYr M:Ytiwoc+*R�c V� 4Yd �. RsvRRRx...a }YLYua.ar aylrtF Y.�a4ro 4�, •to.r rr rYr.RL aaRaRYd - >a�..tdAtl of �+OlL do Yih L..r. Ya1. Yy Jal nptt alL��Lp HYt rYbLW ._.�..___ �. •Pal1.1}'4 _ .w.VaR. �+y `h... tiOR��ny Rya �M tiW bw wd.rMAr R+ 9 d.1L'.+yR �� Yt N�•� M nry..Rw�.01. t Addendum Page 42 of 43 OPTIONAL SERVICES ADD SUPPLEMENTARY SERYICE5 TO YOUR SAFEGUARD PACKAGE FOR MAXIMUM PROUCTION_"` Atidditi4ual Training CoL.rses pnTMldix basic liaising ra i5ow arscrs of advanced irni4ng is experienced users. Cullom Reporu Haw our system axperft rwaie cualam reports su& as operafiarial and a�mjni5traF7ve reports Far yau. AdVanctJ Security kris t from cerdrnlizeJ user avaount managomrMnl Mimi siscurity polibes, updal$s ohhe QS ser:unry pa�Lhes, ceritaallzed enMiviro mendgnmChi any} 4nerab-Arty ha.agomuni rar your systems and network. • C— ulf 1113 b r— w i iiq Lr 014 oabnly�gi�clmuna mo�tia •wtie.p. td ' •had o.� 4n-. �. �odab4 o,av�aysn LEADSONLINE GLOBAL CUSTOMER SERVICES CONTACT INFORMATION Americas, Oceania and Eastern Asia 1.666-WA-4247 I tl 7?7 a26 7236 Eurapo, Afri4;4 ivd 1Neslern Asia +.35 3 1 690 91" Sy5lem Relor_nUon f&rensic_supparl.gleadsonhne_rom Kane. all ❑f your LeadsOnllne ftruipmtnl Or jµli a few cornfmRtnis reko:ftd by our experts without any wanes. 50, s ADVANCE MORE CASES FASTER M&C Review Page 1 of 2 A CITY COUNCIL AGEND Create New From This M&C DATE: 4/8/2025 REFERENCE **M&C 25- LOG NAME: NO.: 0299 CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTH '*41v 35FORENSIC TECHNOLOGY INTEGRATED BALLISTICS ID SYSTEM NO SUBJECT: (ALL) Authorize Execution of a Sole Source Agreement with Forensic Technology, Inc. for an Integrated Ballistic Identification System in the Amount of $147,494.00 for the Police Department with Four One -Year Renewal Options INxd0]I,ILy,1=1►117_111111101PI It is recommended that the City Council authorize execution of a Sole Source Agreement with Forensic Technology, Inc. for an Integrated Ballistic Identification System in the amount of $147,494.00 for the Police Department with four one-year renewal options. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Sole Source Agreement to purchase a new Forensic Technology, Inc. BrassTraxTM Integrated Ballistic Identification System (IBIS®) for the Police Department Forensic Analysis Laboratory (Crime Lab). The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) established the National Integrated Ballistic Information Network (NIBIN) as a database of ballistic intelligence that helps link firearm crimes nationwide. The Forensic Technology IBIS® is the only ballistic identification technology compatible with the ATF NIBIN. The Crime Lab will enter photographs of firearms cartridge cases to help identify firearms used in criminal cases. IBIS® enables forensic scientists to use 3D microscopy to capture unique markings left by firearms on fired bullets and cartridge cases. IBIS® then generates the most likely matches in the database representing millions of bullets and cartridge cases. These matches provide investigative leads and allow law enforcement agencies to collaborate across local, regional, and national networks. The Crime Lab currently uses a Forensic Technology BrassTrax IBIS® that is owned by ATF and connects directly with NIBIN. Other entities in Tarrant County do not have the ability to contribute to the database to make leads or links in solving gun -related crimes. The purchase of this new BrassTraxTM IBIS® will establish a regional NIBIN hub centrally located, expanding ballistic intelligence resources to other entities in Tarrant County, adding Johnson and Parker Counties, that do not have direct access to NIBIN. The new BrassTraxTM IBIS® will enable collaborative efforts to bridge cross -jurisdictional gaps to enhance comprehensive violent gun crime strategies among municipalities and jurisdictions. Forensic Technology, Inc. is the documented sole source for the IBIS® patented technology and is the only system approved by ATF for integration with NIBIN. IBIS® meets ATF security standards and ATF will provide secure communication lines for the Crime Lab's new BrassTraxTM system. The BrassTraxTM system will have a one-year warranty. Future costs for the BrassTraxTM system warranty will be approximately $18,494.00 annually and will be included in the Police Department — Crime Lab operating budget. Funding is budgeted in the Grants Operating Federal Fund for the Police Department for the purpose of funding the FY25 DOJ-State Jag Program project, as appropriated. DVIN-BE: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by the Legal Department. Therefore, the business equity goal requirement is not applicable. http://apps.cfwnet.org/council_packet/mc review.asp?ID=33162&councildate=4/8/2O25 4/14/2025 M&C Review Page 2 of 2 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 TERM: Upon City Council's approval, the term of the Agreement will become effective upon City Secretary Contract execution and expire twelve (12) months after. RENEWAL OPTIONS: The Agreement may be renewed for up to four (4) one-year renewal terms, at the City's option. Renewals may be used for support maintenance after warranty expiration, equipment repair or replacement. 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 period. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Operating Federal Fund for the FY25 DOJ-State Jag Program project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget I Reference # I Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for Citv Manager's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year William Johnson (5806) Neil Noakes (4212) Reference # Amount (Chartfield 2) Robert A Alldredge (4131) 35FORENSIC TECHNOLOGY INTEGRATED BALLISTICS ID SYSTEM funds avail.docx (CFW Internal) Approved Chapter 252 Forensic Technoloay.gdf (CFW Internal) Approved Reauest for Waiver of Business Eauitv.pdf (CFW Internal) FID Table Forensic Technoloav IBIS.XLSX (CFW Internal) Forensic Technoloav Form 1295 2025-1270352.pdf (CFW Internal) Forensic Technoloav SAM 2-18-2025.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33162&councildate=4/8/2O25 4/14/2025