RFP #25-20 Rapid DNA Technology _ FY 2025-26.docx

Ken Plunkett Chief of Police 1163 N. Centre City Pkwy. Escondido, CA 92026 Phone: 760-839-4706 Fax: 760-745-3432 Ken.Plunkett@escondido.gov

October 8, 2025

RE: Notice to Bidders - Request for Proposals ("RFP") No. 25-20 - Rapid DNA Instrument

Notice is hereby given that the City of Escondido ("City") is seeking proposals from qualified vendors to provide a rapid DNA instrument to be utilized as a quick investigative tool. The rapid DNA instrument will be used to develop and analyze reference and evidentiary samples for the City's Police Department.

Proposal packets can be obtained at the City of Escondido Police Department, located at 1163 N. Centre City Pkwy., Escondido, CA, 92026. Bidders shall provide one original and five copies of their proposal for the evaluation team to review. Proposals must be in sealed envelopes or packages clearly marked "RFP No. 25-20 - Rapid DNA Instrument". Proposals must be submitted to, and received by, the City of Escondido Police Department, located at 1163 N. Centre City Pkwy., Escondido, CA, 92026, on or before 2 p.m. on November 12, 2025 ("Submission Deadline"). Any proposals received after Submission Deadline will be returned unopened to the bidder. There will be no public opening of the proposals.

Bidders shall thoroughly review this solicitation for defects and questionable material. Questions or comments concerning this RFP must be submitted solely via email to Bryanna Toussaint, Project Manager at Bryanna.Toussaint@escondido.gov no later than 2 p.m. on October 22, 2025 ("Questions Deadline"). Emails must be clearly state "RFP No. 25-20 - Rapid DNA Instrument" in the subject line. Any questions or comments received after October 22, 2025, will be disregarded. A summary of questions from prospective bidders and City responses will be posted by RFP number on the City's website at www.escondido.gov by 2 p.m. on October 29, 2025.

Each proposal shall be in accordance with specifications, instructions, and information contained in this RFP. The City reserves the right to accept or reject any or all proposals for any reason it deems necessary and to waive defects or irregularities in any proposal at its sole discretion. This Request for Proposal does not commit the City of Escondido to award a contract or to pay any costs incurred in the preparation of a response to this request.

Sincerely, �11r� Ken Plunkett Chief of Police

Introduction The purpose of the Request for Proposal (RFP) is to enter into a contract with a Rapid DNA company that will provide the City with a Rapid DNA Instrument. The services shall be performed in accordance with the enclosed Draft Agreement attached to this RFP as Exhibit 1 and incorporated herein by this reference. The contract term is expected to commence beginning approximately November 17, 2025 and ending December 31, 2026.

Within [30] calendar days of the City's notice of award, the Contractor shall enter into a Public Services Agreement in substantially the same form as the City's standard Public Services Agreement (Exhibit 1). The successful contractor's proposal submitted in response to this RFP may become part of the resulting Public Services Agreement (Exhibit 1). Any proposed waiver, or change to the resulting Public Services Agreement (Exhibit 1) must be clearly identified in Prospective contractor's proposal. All contracts, and any addenda thereto, shall be subject to the City's sole discretion and approval. The requirements and service standards of this RFP and the responses of the successful contractor will be incorporated by reference into the resulting agreement regarding the Project.

Background The City of Escondido encompasses 36.53 square miles and has a population of approximately 151,000 residents. Incorporated in 1888, Escondido is a full-service city that employs the council/manager form of government. Escondido is located in northeastern San Diego County. Escondido is widely recognized as a leader for its community programs, financial management and economic development. Escondido is rich in cultural, economic and geographic diversity.

The City shall evaluate only those responses to this(RFP that precisely conform to each of the requirements and submission formats described in this document. Responses deviating in any way from the requirements and submission formats may be declared non-responsive at the City's discretion.

Estimated RFP Schedule

The following timeline is the City's best estimate for the RFP process and is not binding on the City.

RFP released Questions submitted via email to the city City answers all questions submitted Proposals due date Contract Approval by City Council

October 8, 2025 October 22, 2025 October 29, 2025 November 12, 2025 December 3, 2025

Scope of Work Please refer to Attachment A of the City's Form Pubic Services Agreement (Exhibit 1) for a detailed summary of the services sought under this RFP.

Proposal Format Proposals shall be typed or word-processed and shall meet the following submission criteria:

· Font or type-face of not less than 11 points;

· Bound only by staples;

· Submitted under the signature of an individual authorized to bind the performance of the applicant.

Proposal Content Proposals must clearly and concisely state the following information, in order as listed below:

Cover Letter:

A cover letter introducing the company and the individual who will be the contact person. This letter shall briefly state the vendor's understanding of the work to be performed, and a description of how the company is qualified to perform this contract. The statement shall also confirm the vendor's understanding and agreement with all provisions as defined in the Draft Public Services Agreement in "Exhibit A"

Contractor Background and Experience:

1. Describe your company's experience in providing the product and services within the past 3 years that are simUar to the Scope of Services detailed in this RFP.

2. The Company responding to this RFP must clearly demonstrate that it has been a corporation in good standing and has been in business for at least three years;

3. Company name, address, and phone number;

4. A brief company/corporate history;

5. Type of business (i.e., corporation, partnership, etc.);

6. Applicable corporate, partnership and/or shareholders' agreements including any amendments thereto and any other documents and/or state filings, that relate to the existence, good standing and ownership of the business described in number (1) above;

7. Name and phone numbers of three corporate or agency references that can attest to the quality of services provided by the company;

8. Single local point-of-contact in authority for all issues.

Project Plan:

1. Describe the company's approach to fulfill the Scope of Work as defined in Attachment A of the City's Form Public Services Agreement (Exhibit 1).

Equipment:

1. Provide a list and a short description of the equipment proposed to be used in the performance of services; Descriptive literature, brochures, or pictures and specifications showing the exact products that the bidder proposes to provide.

2. If applicable, copies of operator's manual, parts book, and technical service manual. Note that the price quoted in Attachment A should include the cost of these materials, if applicable.

Grant Funds:

1. Byrne Discretionary Community Project Grants/Byrne Discretionary Grants Program funds, which are administered by The Bureau of Justice Assistance, within the U.S. Department of Justice's Office of Justice Programs ("Federal Awarding Agency") will be used to fund all or a portion of the Agreement resulting from this RFP. Accordingly, the selected contractor shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives relating to such federal funds.

Other Information:

Additional information or data exceeding the minimum qualifications that the respondent would like the City to consider should be communicated at the end of the proposal.

Proposal Submission Fee There will be no fee associated with this proposal for the City of Escondido.

Evaluation Process Proposals will be screened and evaluated by an Evaluation Team established by the Chief of Police to determine a firm's ability to meet or exceed the services required by the City. The evaluation process will include review of the proposal and by the Escondido Police Department's Evaluation Team. Final recommendations from the Police Department will be subject to approval by the City Manager and City Council.

Each company will be evaluated and scored on several qualitative criteria. All rating criteria and company inspection criteria is described in the RFP and accompanying agreement.

Rapid DNA Instrument Evaluation Criteria (Total = 100%)

A number of criteria will be evaluated on a "complies/does not comply" basis. Companies which comply with the threshold criteria are encouraged to provide comments on and shall also be evaluated on the following criteria:

· Company's past performance including, but not limited to City's past experience with Company's contract performance;

· Company's financial stability;

· Customer service and quality control standards;

· Other agency references for the Applicant;

· Project plan to fulfill the service required.

The City will act as the sole judge of the merit and qualifications of the materials and services offered and accept whatever proposal is deemed to be in the best interest of the City. The award of the contract will be all or nothing to one bidder. The City reserves the right to:

1. Reject any or all proposals;

2. Request clarification of any submitted information;

3. Waive any informalities or irregularities in any proposal;

4. Not enter into any contract;

5. Cancel this process at any time;

6. Amend this process at any time;

7. Enter into negotiations with one or more contractors; and/or

8. Issue similar solicitations in the future; or request additional information from prospective contractors.

Communications with the City Communication with City employees other than the Project Manager prior to the Submission Deadline is prohibited, and no City employee or representative other than the City's Project Manager is authorized to provide any information or respond to any questions regarding this RFP. Prospective contractors may contact the Project Manager solely via e-mail through October 13, 2025.

Right to Submitted Material This RFP does not commit the City of Escondido to award a contract, to pay any costs incurred in the preparation of a contract or proposal, or to procure or contract for any services. The City reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with qualified vendors, or to amend, cancel (in part or in whole) this RFP if it is in the City's best interest to do so. All proposals, reports and data submitted to the City shall become the property of the City of Escondido and may not be returned.

General Conditions

PLEASE READ CAREFULLY. THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE A PART OF ALL PROPOSALS SUBMITTED IN RESPONSE TO THIS RFP AND THE RESULTING CONTRACT.

This RFP as advertised, the specification requirements detailed in this RFP (including the following General Provisions) are subject to all provisions of the Ordinances of the City of Escondido. Each prospective contractor submitting a response to this RFP warrants that the submitted proposal is genuine and non-collusive, or made in the interest of any person, firm, company, or corporation.

In submitting a proposal in response to this RFP, each prospective contractor agrees to the following general terms and conditions:

1. Public Information: The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal in response to this RFP indicates the prospective contractor's acceptance of all terms and conditions contained in this RFP, including all exhibits and attachments hereto, unless clearly and specifically stated otherwise.

2. Confidential Information: Any information deemed confidential or proprietary should be clearly identified by the prospective contractor as such. Information identified as confidential or proprietary will be protected and treated with confidentiality to the extent permitted by applicable local, state, and federal law.

3. Addendums: The City reserves the right to amend, alter, or revoke this RFP at any time. Any modifications, clarification, or additions will be distributed via email as an addendum.

4. Proposal Preparation Cost: The City is not obligated to reimburse any prospective contractor for expenses incurred in preparing proposals in response to this RFP. All Prospective contractors shall bear their own costs, fees, and expenses incurred in preparing proposals in response to this RFP.

5. Withdrawal of Proposal: A prospective contractor may modify or withdraw their proposal, either personally or by written request via email, at any time prior to the Submission Deadline. Such requests should be directed to the City's Project Manager.

6. Inaccuracies or Misinterpretations: Subject to the City's sole discretion, the City may terminate a prospective contractor from the RFP process or terminate any agreement with the Prospective contractor if the City determines that said Prospective contractor has: (i) made a material misstatement, (ii) made a material misrepresentation, or (iii) provided materially inaccurate information.

7. Optional Items: Prospective contractors may elect to provide recommendations and pricing for optional items. Pricing for optional items shall not be included in the minimum requirements pricing.

8. Business License: The successful contractor shall be required to obtain a City of Escondido Business License pursuant to the terms of Exhibit 1.

9. Signature: All proposals shall be signed in the name of the prospective contractor and shall bear the original signature in longhand of the persons duly authorized to sign the proposal. Obligations assumed by such signature shall be fulfilled.

10. Right to Reject Proposal: The City reserves the right to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items. The City is not obligated to explain or justify its selection or rejection of any Prospective contractor. All proposals submitted in response to this RFP shall immediately become property of the City.

11. Right to Conduct Personal Interviews: The City reserves the right to conduct personal interviews or require oral presentations of any or all prospective contractors prior to selection.

12. Right to Request Additional Information: Prospective contractors shall furnish additional information as the City may reasonably require. The City reserves the right to investigate the qualifications of prospective contractors as it deems appropriate.

13. Right to Determine Financial Responsibility and Viability: The City reserves the right to request information pertaining to the financial stability of a prospective contractor to allow an appraisal of a prospective contractor's current financial condition.

14. Understanding the Services to be Performed: By submitting a proposal in response to this RFP, each prospective contractor certifies that they have fully read and understand this RFP and have full knowledge of the s�ope, nature, quantity, and quality of services to be performed. Each prospective contractor understands that, if successful, they will be required to enter into a written contract in substantially the same form as Exhibit 1.

15. Award of Contract: Proposals submitted in response to this RFP will be analyzed and the contract awarded to the responsible prospective contractor whose proposal conforms to this RFP and is considered to be the most advantageous to the City, taking into consideration not just the proposal price, but also the evaluation criteria set forth in this RFP. If the prospective contractor does not execute a contract in substantially the same form as Exhibit 1 within [30] days after notification of award, the City may, subject to its sole discretion, (i) give notice to the Prospective contractor of the City's intent to select from the remaining Prospective contractors or (ii) issue a new RFP for the services.

16. Contract Funding: The City's funding of any agreement resulting from this RFP shall be on a fiscal year basis and is subject to annual appropriations. Prospective contractor acknowledges that the City is a municipal corporation, is precluded by the State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing in this RFP shall constitute an obligation of future legislative bodies of the City or State to appropriate funds for any agreement resulting from this RFP. Accordingly, prospective contractors acknowledge and agree that the funding for any agreement resulting from this RFP shall be contingent upon appropriation of funds.

17. City Provisions to Prevail: The terms of this RFP and the terms of any agreement resulting from this RFP shall govern the services. Any standard terms and conditions of the successful contractor shall not be acceptable to the City unless expressly agreed to by the City by separate document. The City reserves the right to reject a proposal containing unacceptable conditions as non-responsive as a condition of evaluation or award of the proposal.

18. Equal Employment Opportunity: The contractor awarded the project shall comply with all equal employment opportunity provisions of federal, state, and local non-discrimination laws, orders, regulations and guidelines as may be applicable to the contractor and be in effect during the performance of any agreement resulting from this RFP.

19. Public Services Agreement: Contractors submitting a proposal in response to this RFP shall be prepared to use the City's standard contract form (Exhibit 1) rather than its own contract form. Services may not commence until Agreement for services is executed.

20. Prospective Contractor's Invoices: Invoices shall be prepared and submitted to the Escondido Police Department, ATTN: Barbara Marlett, 1163 N. Centre City Pkwy., Escondido, CA 92025 or via email to Policelnvoices@escondido.gov. Invoices shall be submitted on a monthly basis and contain the following information: Purchase Order number, description of services rendered, rates, quantities, extended totals, and remaining balances. Invoices should include all applicable sales or other taxes, and shall be remitted to appropriate agencies on the City's behalf. All payments made pursuant to this contract are not assignable and shall only be made payable to the seller.

21. Payment Terms: The City's payment terms are Net 30 days from date of invoice. No pre payment or partial up front down payment will be made for any services or equipment. The time period allowed for payment, as indicated on the face hereof or offered by quote, bid, or proposal shall commence upon receipt of Prospective contractor's invoice or upon receipt of the goods or services, whichever is later.

22. Insurance Requirements: The successful contractor must have insurance in accordance with the requirements listed in Exhibit 1.

23. Public Agency Clause: It is intended that other public agencies (e.g., city districts, public authorities, municipal utilities, public school districts and other political subdivisions or public corporations of California) shall have the option to participate in any award made as a result of this solicitation. The City shall incur no financial responsibility for their order placement and payments to the successful contractor. This option shall not be considered in proposal evaluation. State whether said option is granted:

YES NO

Exhibit 1 - The City's Form Public Services Agreement

CITY OF ESCONDIDO PUBLIC SERVICES AGREEMENT

This Public Services Agreement ("Agreement") is made and entered into as of the last date of signature below ("Effective Date"), Between:

And:

CITY OF ESCONDIDO

a California municipal corporation 201 N. Broadway Escondido, CA 92025 Attn: Bryanna Toussaint, Police Support Services Manager 760-839-4746

("CITY")

[Name] [Entity Type: e.g., "a California corporation"] [Street address] [City, state, zip code] Attn: [name of contact] [telephone filumber] ("CONTRACTQR").

(The CITY and CONTRACTOR each may be referred to herein as a "Party" and collectively as the "Parties.") WHEREAS, the Parties desire to enter into this Agreement for the performance of the Services described herein.

NOW, THEREFORE, in consideration of the mutual covenants, promises, terms, and conditions set forth herein, and the mutual benefits derived therefrom, the Parties hereby agree as follows:

2. Description of Services. CONTRACTOR shall furnish all of the Services described in the Scope of Work, which is attached to this Agreement as Attachment "A" and incorporated herein by this reference ("Services").

3. Compensation. In exchange for CONTRACTOR's completion of the Services, the CITY shall pay, and CONTRACTOR shall accept in full, an amount not to exceed the sum of [$Dollar Amount]. CONTRACTOR shall be compensated only for performance of the Services described in this Agreement. No compensation shall be provided for any other work or services without the CITY's prior written consent. If this Agreement is amended at any time, additional compensation of CONTRACTOR contained in any subsequent amendments shall not exceed a cumulative total of 25% of the maximum payment provided for in this Section 2, unless approved by resolution of the City Council.

4. Performance. CONTRACTOR shall faithfully perform the Services in a proficient manner, to the satisfaction of the CITY, and in accord with the terms of this Agreement. CONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all reports and other information furnished by CONTRACTOR pursuant to this Agreement, except that CONTRACTOR shall not be responsible for the accuracy of information supplied by the CITY.

5. Termination. The Parties may mutually terminate this Agreement through a writing signed by both Parties. The CITY may terminate this Agreement for any reason upon providing CONTRACTOR with 10 days' advance written notice. CONTRACTOR agrees to cease all work under this Agreement on or before tne effective date of any notice of termination. If the CITY terminates this Agreement due to no fault or failure of performance by CONTRACTOR, then CONTRACTOR shall be'compensated based on the work satisfactorily performed at the time of such termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the Services.

6. City Property. All original documents, drawings, electronic media, and other materials prepared by CONTRACTOR pursuant to this Agreement immediately become the exclusive property of the CITY, and shall fl.ot be used by CONTRACTOR for any other purpose without the CITY's prior written consent.

7. Insurance Requirements.

a. CONTRACTOR shall procure and maintain, at its own cost, during the entire term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services, and the results of such work, by CONTRACTOR, its agents, representatives, employees, or subcontractors. Insurance coverage shall be at least as broad as the following:

(1) Commercial General Liability. Insurance Services Office ("ISO") Form CG 00 01 covering Commercial General Liability on an "occurrence" basis, including products and completed operatiops, property damage, bodily injury, and personal & advertising injury, with limits no less than $2,000,000 per occurrence and $4,000,000 general aggregate.

(2) Automobile Liability. ISO Form CA 00 01 covering any auto (Code 1), or if CONTRACTOR has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage, unless waived by the CITY and approved in writing by the CITY's Risk and Safety Division.

(3) Workers' Compensation. Worker's Compensation as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

(4) If CONTRACTOR maintains broader coverage and/or higher limits than the minimums otherwise required by this Agreement, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR.

b. Each insurance policy required by this Agreement must be acceptable to the City Attorney and shall meet the following requirements:

(1) Acceptability of Insurers. Insurance coverage must be provided by an insurer authorized to conduct business in the state of California with a current AM. Best's rating of no less than A-: FSC VII, or as approved by the CITY.

(2) Additional Insured Status. Both the Commercial General Liability and the Automobile Liability policies must name the CITY (including its officials, officers, agents, employees, and volunteers) specifically as an additional insured under the policy on a separate endorsement page. The Commercial General Liability additional insured endorsement shall be at least as broad as ISO Form CG 20 1O 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38, and CG 20 37 if a later edition is used. The Automobile Liability endorsement shall be at least as broad as ISO Form CA 20 01.

(3) Primary Coverage. CONTRACTOR's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the CITY, its officials, officers, agents, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, officers, agents, employees, or volunteers shall be in excess of CONTRACTOR's insurance and shall not contribute with it.

(4) Notice of Cancellation. Each insurance policy shall provide that coverage shall not be canceled, except with prior written notice to the CITY.

(5) Subcontractors. If applicable, CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the reql)J°rements stated in this Agreement, and CONTRACTOR shall ensure that the CITY (incluaing its officials, officers, agents, employees, and volunteers) is an additional ir:isuried on any insurance required from a subcontractor.

(6) Waiver of Subrogation. CONTRACTOR hereby grants to the CITY a waiver of any right to subrogation that any insurer of CONTc�CTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this subsection shall apply regardless of whether or not tne CITY has received a waiver of subrogation endorsement from the insurer. Arn:f Workers' Compensation policy required by this Agreement shall be endorsed witli a vltaiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its agents, representatives, employees and subcontractors.

(7) Self-Insurance. CONTRACTOR may, with the CITY's prior written consent, fulfill some or all of the insurance req,uirements contained in this Agreement under a plan of self-insurance. CONTRACTOR sHall only be permitted to utilize such self-insurance if, in the opinion of the CITY, CONTRACliOR's (i) net worth and (ii) reserves for payment of claims of liability against CONi:RAOTOR are sufficient to adequately compensate for the lack of other insurance eoverage required by this Agreement. CONTRACTOR's utilization of self insurance shalf not in any way limit the liabilities assumed by CONTRACTOR pursuant to this Agreement.

(8) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.

c. Verification of Coverage. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting the insurance coverage required by this Agreement), which shall meet all requirements under this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by this Agreement, at any time.

d. Special Risks or Circumstances. The CITY reserves the right, at any point during the term of this Agreement, to modify the insurance requirements in this Agreement, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

e. No Limitation of Obligations. The insurance requirements in this Agreement, including the types and limits of insurance coverage CONTRACTOR must maintain, and any approval of such insurance by the CITY, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including but not limited to any provisions in this Agreement concerning indemnification.

f. Failure to comply with any of the insurance requirements in this Agreement, including but not limited to a lapse in any required insurance coverage during the term of this Agreement, shall be a material breach of this Agreement. In the event that CONTRACTOR fails to comply with any such insurance requirements in this Agreement, in addition to any other remedies the CITY may have, the CITY may, at its sole option, (i) immediately terminate this Agreement; or (ii) order CONTRACTOR to stop work under this Agreement and/or withhold any payment that becomes due to CONTRACTOR until CONTRACTOR demonstrates compliance with the insurance requirements in this Agreement.

8. Indemnification, Duty to Defend, and Hold Harmless.

a. CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors, if any) shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all claims, demands, actions, causes of action, proceedings (including but not limited to legal and administrative proceedings of any kind}, suits, fines, penalties, judgments, orders, levies, costs, expenses, liabilities, losses, damages, or injuries, in law or equity, including without limitation the payment of all consequential damages and attorney's fees and other related litigation costs and expenses (collectively, "Claims"}, of every nature caused by, arising out of, or in connection with CONTRACTOR's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except where caused by the sole negligence or willful misconduct of the CITY.

b. CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors, if any) shall defend, indemnify, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers from and against any and all Claims caused by, arising under, or resulting from any violation, or claim of violation, of the San Diego Municipal Storm Water Permit (Order No. R9- 2013-0001, as amended) of the California Regional Water Quality Control Board, Region 9, San Diego, that the CITY might suffer, incur, or become subject to by reason of, or occurring as a result of, or allegedly caused by, any work performed pursuant to this Agreement.

c. All terms and provisions within this Section 7 shall survive the termination of this Agreement.

9. Anti-Assignment Clause. Because the CITY has relied on the particular skills of CONTRACTOR in entering into this Agreement, CONTRACTOR shall not assign, delegate, subcontract, or otherwise transfer any duty or right under this Agreement, including as to any portion of the Services, without the CITY's prior written consent. Any purported assignment, delegation, subcontract, or other transfer made without the CITY's consent shall be void and ineffective. Unless CONTRACTOR assigns this entire Agreement, including all rights and duties herein, to a third party with the CITY's prior written consent, CONTRACTOR shall be the sole payee under this Agreement. Any and all payments made pursuant to the terms of this Agreement are otherwise not assignable.

10. Attorney's Fees and Costs. In any action to enforce the terms and conditions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs.

11. Independent Contractor. CONTRACTOR is an independent contractor, and no agency or employment relationship is created by the execution of this Agreement.

12. Amendment. This Agreement shall not be amended except in a writing signed by the CITY and CONTRACTOR.

13. Merger Clause. This Agreement, together with its attachments or other documents described or incorporated herein, if any, constitutes the entire agreement and understanding of the CITY and CONTRACTOR concerning the subject of this Agreement and supersedes and replaces all prior negotiations, understandings, or proposed agreements, written or oral, except as otherwise Jl)rovided herein. In the event of any conflict between the provisions of this @ree ent and any of its attachments or related documents, if any, the provisions of this Agreement shall prevail.

14. Anti-Waiver Clause. None of the provisions of this Agreement shall be waived by the CITY because of previous failure to insist upon strict performance, nor shall any provision be waived because any other provision has been waived by the CITY, in whole or in part.

15. Severability. This Agreement shall be performed and shall be enforceable to the full extent allowed by applicable law, and the illegality, invalidity, waiver, or unenforceability of any provisiorn of this Agreement shall not affect the legality, validity, applicability, or enforceability of the remaining provisions of this Agreement.

16. Governing Law. This Agreement and all rights and obligations arising out of it shall be construed in accordance with-the laws of the State of California. Venue for any action arising from this Agreement shall be conducted only in the state or federal courts of San Diego County, California.

17. Counterparts. Tnis Agreement may be executed on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrnment. Delivery of an executed signature page of this Agreement by electr,onic means, including an attachment to an email, shall be effective as delivery of ap execwted original. The Agreement on file with the City is the copy of the Agreement that shall take precedence if any differences exist between or among copies or ceunterparts of the Agreement.

18. Provisions Cumulative. The foregoing provisions are cumulative to, in addition to, and not in limitation of any other rights or remedies available to the CITY.

19. Notice. Any statements, communications, or notices to be provided pursuant to this Agreement shall be sent to the attention of the persons indicated herein, and the CITY and CONTRACTOR shall promptly provide the other Party with notice of any changes to such contact information.

20. Business License. CONTRACTOR shall obtain a City of Escondido Business License prior to execution of this Agreement and shall maintain such Business License throughout the term of this Agreement.

21. Compliance with Laws, Permits, and Licenses. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements in effect during the term of this Agreement. CONTRACTOR shall obtain any and all permits, licenses, and other authorizations necessary to perform the Services. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

22. Prevailing Wages. If applicable, pursuant to California Labor Code section 1770 et seq., CONTRACTOR agrees that a prevailing rate and scale of wages, in accordance with applicable laws, shall be paid in performing this Agreement. CONTRACTOR shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, rules, and other legal requirements pertaining to the payment of prevailing wages. The prevailing rate and scale to be paid shall be the same as the applicable "General Prevailing Wage Determination" approved by the Department of Industrial Relations as of the Effective Date of this Agreement, which are available online at http://www.dir.ca.gov/oprl/dprewagedetermination.htm and incorporated into this Agreement by this reference. Neither the CITY, nor any elected or appointed boards, officers, officials, employees, or agents of the CITY, shall be liable, at law or in equity, as a result of any failure of CONTRACTOR to comply with this section.

23. Immigration Reform and Control Act of �986. CONTRACTOR shall keep itself informed of and shall comply with the lmrnigration Reform and Control Act of 1986 ("IRCA"). CONTRACTOR represents an<sl warrants that all of its employees and the employees of any subcontractor retained oy CONTRACTOR who perform any of the Services under this Agreement, are and will be authorized to perform the Services in full compliance with the IRCA. CONliRACTOR affirms that as a licensed contractor and employer in the State of Oalifornia, all new employees must produce proof of eligibility to work in the United States within the first three days of employment and that only employees legally eligible to work in the United States will perform the Services. CONTRACTOR agrees to comply with the IRCA before commencing any Services, and continuously throughout the performance of the Services and the term of this Agreement.

24. The Parties acknowledge that Byrne Discretionary Community Project Grants/Byrne Discretionary Grants Program funds, which are administered by The Bureau of Justice Assistance, within the U.S. Department of Justice's Office of Justice Programs ("Federal �warding Agency") will be used to fund all or a portion of this Agreement. The CONTRACTOR shall comply with all applicable federal laws, regulations, exectitive orders, policies, procedures, and directives relating to such federal funds.

25. Clean Air Act. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.

26. Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by the Federal Awarding Agency.

27. Debarment and Suspension.

a. This Agreement is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, CONTRACTOR is required to verify that none of CONTRACTOR's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §' 180.935).

b. CONTRACTOR shall comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction CONTRACTOR enters into.

c. This certification is a material representation of fact relied upon by the CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, in addition to remedies available to the CITY, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

d. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

28. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).

a. Prior to entering into this Agree ent, CONTRACTOR shall file the required certification pursuant to the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended)). Each tier certifies to the tier aoove that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract., grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non federal funds tblat takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the Federal Awarding Agency.

b. Required Certification. At the time CONTRACTOR executes this Agreement, CONTRACTOR shall provide the CITY with a completed Appendix A, 44 C.F.R. Part 18 - Certification Regarding Lobbying. A blank Appendix A, 44 C.F.R. Part 18 - Certification Regarding Lobbying is attached to this Agreement as Attachment "B" and incorporated herein by this reference.

29. Procurement of Recovered Materials. In the performance of this Agreement, CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (1) competitively within a timeframe providing for compliance with the Agreement's performance schedule, (2) meeting Agreement performance requirements, or (3) at a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, located at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

CONTRACTOR shall also comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.

30. Access to Records. The following access to records requirements apply to this Agreement: (1) CONTRACTOR agrees to provide the CITY, the Federal Awarding Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of CONTRACTOR that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. CONTRACTOR agrees to provide the Federal Awarding Agency Administrator or their authorized representatives access to construction or other work sites pertaining to the work being completed under this Agreement. In compliance with the Disaster Recovery Act of 2018, the CITY and CONTRACTOR acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the Federal Awarding Agency Administrator or the Comptroller General of the United States.

31. Federal Awarding Agency Seal, Logo, and Flags. CONTRACTOR shall not use the Federal Awarding Agency seal(s), logos, crests, or reproductions offlags or likenesses of Federal Awarding Agency officials without specific Federal Awarding Agency pre approval.

32. No Obligation by Federal Government. The United States Federal Government is not a party to this Agreement and is not subject to any obligations or Agreement to the CITY, CONTRACTOR, or any other party pertaining to any matter resulting from this Agreement.

33. Program Fraud and False or Fraudulent Statements or Related Acts. CONTRACTOR acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to CONTRACTOR's actions pertaining to this Agreement.

34. Effective Date. Unless a different date is provided in this Agreement, the effective date of this Agreement shall be the latest date of execution set forth by the names of the signatories below.

IN WITNESS WHEREOF, this Agreement is executed by the Parties or their duly authorized representatives as of the Effective Date:

CITY OF ESCONDIDO

Date:

Dane White, Mayor

[CONTRACTOR COMPANY NAME]

Date:

Signature

Name & Title (please print)

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

MICHAEL R. MCGUINNESS, CITY ATTORNEY

BY:

DATE:

THE CITY OF ESCONDIDO DOES NOT DISCRIMINATE AGAINST QUALIFIED PERSONS WITH DISABILITIES.

ATTACHMENT "A"

Scope of Work A. General COMPANY("Contractor") will provide the City of Escondido, a California municipal corporation ("City") with a Rapid DNA Instrument and training to analyze legally obtained reference and evidentiary samples.

8. Location Contractor will provide services at the City's Police and Fire Headquarters facility located at 1163 N. Centre City Parkway, Escondido, CA 92026.

C. Services

1. A Rapid DNA Instrument used to analyze legally obtained reference/and evidentiary samples producing a full DNA profile in approximately 90 minutes.

2. A laptop and software for the instrument operation and data uploads with a software program to be used for sample submissions and processing results. The s0ftware must provide visual indications of any issues with data.

3. Training with designated staff and supervisors.

4. Information on consumables including shelf-life ana 9torage requirements.

5. Options for technical support and certified fielcf service engineers to perform on-site service of the system when needed.

6. Options for costs of standard system validation, i eluding the cost of supplies needed for validation and details of the validation plan, including a timeline.

7. Operating / maintenance manuals, software, licenses, start-up materials, and a subscription (if applicable) for software I firmware up.grades.

8. Warranty terms.

9. Cost breakdown quote for 1Oel samples'/ tests.

10. Onsite training quote for the system and software.

11. Best practices for collection and P,rocessing of samples.

D. Scheduling Contractor to schedule specific dates of work in advance by contacting Bryanna Toussaint at 760- 839-4746 or, Bryanna1.Toussaint@escondido.gov. Work shall be performed between the hours of 8 a.m. and 5:00 p.r,n., Monday through Friday. Contractor shall sign in and sign out at the receptionist area. Further instructions will be provided upon scheduling.

E. Contract Price and Payment Terms The contract price shall not exceed $****. The contract price includes all labor, materials, equipment, and transportation required to perform the work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services.

F. Term The term of this Agreement shall be from the Effective Date of the Agreement through December 31, 2026.

ATTACHMENT "A"

Appendix A, 44 C.F.R. Part 18 - Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,…