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HomeMy WebLinkAboutContract 53355 �� v CSO-53355 VENDOR SERVICES AGREEMENT It 6 L� This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by �� between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through Valerie Washington, its duly authorized Assistant City Manager, and FLIR Detection, Inc., ("Vendor"), a Delaware corporation and acting by and through its duly authorized representative, each individually referred to as a "parry" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A - Scope of Services and Price Schedule; and 3. Exhibit B-Verification of Signature Authority Form. Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. SCOPE OF SERVICES. Provide repair and maintenance support services for FLIR Radiation Detection products. Exhibit A - Scope of Services and Price Schedule more specifically describes the services to be provided hereunder. 2. TERM. This Agreement shall begin on November 1, 2019 ("Effective Date") and shall expire on October 31, 2020 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four(4) one-year renewal options, at City's sole discretion. 3. COMPENSATION. City shall pay Vendor in accordance with Exhibit A - Scope of Services and Price Schedule. Total payment made under this Agreement for the first year by City shall be an amount not to exceed Eighteen Thousand Dollars ($ 18,000.00). Vendor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other parry with 30 days'written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor Services Agreement OKWALRECORD CITY SECRETARY FT. WORTH,TX Vendor 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 City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Parties agree, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by the other Party as confidential ("Confidential Information") and shall not disclose any such information to a third party without the prior written approval of the other Party. 5.3 Unauthorized Access. Vendor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 5.4 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 6. RIGHT TO AUDIT. Vendor agrees that City 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 Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal working hours to all necessary Vendor Services Agreement Page 2 of 35 Vendor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor reasonable advance notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Vendor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants and subVendors. Vendor acknowledges that the doctrine of respondeat superior shall not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, Vendors and subVendors. Vendor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City shall in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents, servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants, employees or subVendor of Vendor shall be entitled to any employment benefits from City. Vendor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subVendor. 8. LIABILITY AND INDEMNIFICATION. 8.1. LIABILITY - VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 8.2. INDEMNIFICATION - VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, 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 EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. Vendor Services Agreement Page 3 of 35 8.3. INTELLECTUAL PROPERTY INFRINGEMENT. • The Vendor warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section 8C each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. • Vendor shall be liable and responsible for any and all claims made against the City 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 City's continued use of the Deliverable(s)hereunder. • Vendor agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as Vendor bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, Vendor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City 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, Vendor shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate Vendor's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Vendor shall, at Vendor Services Agreement Page 4 of 35 its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non-infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Vendor, terminate this Agreement, and refund all amounts paid to Vendor by the City, subsequent to which termination City may seek any and all remedies available to City under law. VENDOR'S OBLIGATIONS HEREUNDER SHALL BE SECURED BY THE REQUISITE INSURANCE COVERAGE AND AMOUNTS SET FORTH IN SECTION 10 OF THIS AGREEMENT. 9. ASSIGNMENT AND SUBCONTRACTING. 9.1 Assignment. Vendor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee shall execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 RESERVED. 10. INSURANCE. Vendor shall provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 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 Vendor, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Vendor Services Agreement Page 5 of 35 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 $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability(Errors &Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to City to evidence coverage. 10.2 General Requirements (a) The commercial general liability and automobile liability policies shall name City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. 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, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Certificates of Insurance evidencing that Vendor has obtained all required insurance Vendor Services Agreement Page 6 of 35 shall be delivered to the City prior to Vendor proceeding with a ny work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Vendor agrees that in the performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules. or regulations, Vendor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Vendor, for itself, its personal representatives, assigns, subVendors and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor'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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile or email with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth FLIR Detection lnc. Alin:Valerie Ilashinglon.Assistant City Manager Steven head, Service anci Customer 5uppon Manager 200 Texas Street 100 Midland Road Fort Worth,TX 76 1 02-63 14 Oak Ridge.TN 37830-9102 Facsimile:4 817 y 392-8654 Facsimile; ;865-220-7181 With copy to Fort Worth City Attorncy's Office at same address 14. SOLICITATION OF EMPLOYEES. Neither City nor Vendor shall, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision shall not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Vendor Services Agreement Page 7 of 35 15. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 19. FORCE MAJEURE. City and Vendor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits A and B. 22. AMENDMENTS/MODIFICATIONS/EXTENSIONS.No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including Exhibits A and B, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. COUNTERPARTS. This Agreement may be executed in one or more counterparts and Vendor Services Agreement Page 8 of 35 each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 25. WARRANTY OF SERVICES. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 26. IMMIGRATION NATIONALITY ACT. Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 27. INTELLECTUAL PROPERTY. Vendor reserves all rights, title, and interest in and to any materials produced by Vendor, including, without limitation, all patent rights, copyrights, trademarks, trade secrets, and all other intellectual property rights. City shall not acquire any rights, title, or interest, express or implied, in any solutions or service produced by Vendor unless specified in this agreement. 28. SIGNATURE AUTHORITY. The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor whose name, title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit"C". Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 29. CHANGE IN COMPANY NAME OR OWNERSHIP. Vendor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. Vendor Services Agreement Page 9 of 35 30. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL. Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (signature page follows) Vendor Services Agreement Page 10 of 35 ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration ofthis By:Valerie R.Washington(Dec 31,2019) contract,including ensuring all performance and Name: Valerie Washington reporting requirements. Title: Assistant City Manager Dec 31 2019 Ronald Mllls Date: Y' B • Ronald Mills(Dec 31,2019) Name: Ronald Mills APPROVAL RECOMMENDED: Title: Fire Captain APPROVED AS TO FORM AND LEGALITY: By: James Davis(Dec 31,2019) Name: James Davis Title: Fire Chief By: irong(Dec 31,2019) ATTEST: Name. JB Strom Title: Assistant City Attomey CONTRACT AUTHORIZATION: May Ka�ase� ,; M&C: N/A By:Mary J.Rayser(Jan 2, 020) Name: MaUj. Kayser Title: City Secretary ;• ;�� S VENDOR: 'Ch.... FLIR Detection,Inc. ATTEST: Byiarrie 5 Ranagan(Dec 31,2 ) By: Name: Carrie S.Ranagan Title: Name: Global Director, Government Contracts Title: Date: Dec 31,2019 OFFICIAL RECORD CITY SECRETARY FT WORTH, Vendor Services Agreement Page 11 of 35 EXHIBIT A SCOPE OF SERVICES AND PRICE SCHEDULE Process Repairs and product accessories as described in the pricing included as Exhibit A. Process Repairs: Dose Rate Calibration Certification Full evaluation of product Software/Firmware upgrade to latest approved revision level Offical calibration certification of the dose rate Quality control of instrument MODELS All identiFINDER®R 100 PROCESS REPAIR ID CAL idF R100 PRICE $195 GM Tube Replacement Example why detector replacement may be necessary; no counts due to defective detector MODELS All identiFINDER°R 100 PROCESS REPAIR ID ❑ET idF R100 PRICE $380 RepairElectronic Replacement of housing assembly,display, and other minor repairs MODELS All identiFINDERIR 100 PROCESS REPAIR ID REPAIR idF R100A PRICE $295 ElectronicRepair Replacement of PCBA MODELS All identiFINDER®R 100 PROCESS REPAIR I❑ REPAIR idF R100 B PRICE $680 Vendor Services Agreement—Exhibit A Page 12 of 35 . - 1 ti Dose Rate Calibration Full evaluation of product Software/Firmware upgrade to latest approved revision level Optimization of linearity for optimal identification results Official dose rate calibration (includes Certificate of Calibration) Quality control of instrument MODELS All identiFINDER®R 200 PROCESS REPAIR ID CAL idF R200 PRICE $245 ReplacementCsl Detector (includes ' Example why detector replacement may be necessary; no counts due to defective detector MODELS All identiFINDER®R 200 PROCESS REPAIR ID DETCsl idF R200 PRICE $1,045 ElectronicRepair Examples why repairservices may be necessary; Replacement of BT PCBA, display,display PCBA MODELS All identiFINDER®R 20D PROCESS REPAIR ID REPAIR i d F R200 A PRICE $340 RepairElectronic Major Replacement of main PCBA MODELS All identiFINDER®R 200 PROCESS REPAIR ID REPAIR i d F R200 B PRICE $1,055 ReplacementBattery Replacement of battery MODELS All identiFINDER®R 200 PROCESS REPAIR ID BATT idF R200 PRICE $150 Vendor Services Agreement—Exhibit A Page 13 of 35 .:3st / 3 f Optimization Full evaluation of product, parts and accessories Software/Firmware upgrade to latest approved revision level Replacement of internal rechargeable battery Optimization of ID crystal for optimal identification results Opti mization of 2x gamma dose rate detectors Optimization of neutron count rate for optimal sensitivity(if applicable) Quality control of instrument and accessories to ensure that they meet manufacturer's specifications MODELS All identiFINDER®R 300 PROCESS REPAIR ID OPT idF R300 PRICE $585 Detector Replacement Examples why detector replacement may be necessary;no counts due to defective detector, poor detector resolution resulti ng in poor identification results or misidentifications MODELS All identiFINDER®R300 PROCESS REPAIR ID DETCZT idF R300 PRICE $2,400 Neutron Tube Replacement Examples why He3 tube replacement may be necessary;High background neutron count rate when no source is present, no counts when source is present MODELS All identiFINDER®R 300 PROCESS REPAIR ID He idF R300 PRICE $2,020 RepairElectronic Examples why repair services may be necessary;Any type of defect that requires component level repair services or replacement of PCBA's MODELS All identiFINDERIR300 PROCESS REPAIR ID REPAIR idF R300 PRICE $1,875 Vendor Services Agreement—Exhibit A Page 14 of 35 Optimization Full evaluation of product, parts and accessories Software/firmware update to the latest approved revision level Replacement of internal backup battery(applicable with only older gene ration identiFINDER's) Replacement of rechargeable batteries Optimization of LED for optimal identification results throughout the complete temperature range (only applicable with Ultra models) Adjustment of device parameters,calibration and renewal of background spectrum of internal Cs-137 source for optimal identification results(only applicable with models with intrinsic source) Optimization of linearity for optimal identification results Optimization of gamma dose rate Optimization of neutron count rate (only applicable with neutron models) Check internal Cs-137calibration source for containment integrity Quality control of instrument and accessories to ensure that they meet manufacturer's specifications MODELS Non-Underwater Models Underwater Models Ironman PROCESS REPAIR ID OPT idF R400 A OPT idF R400 B Cal Ironman PRICE $725 $1,255 $400 ScintillationDetector Replacement Examples why detector replacement may be necessary;no counts due to defective detector, poor detector resolution resulting in poor identification results or misidentificatlons MODELS Standard Ultra I T j UW x La6r3 PROCESS REPAIR I❑ OETWidFR400A OEFNaIidFR4008 OEFNal-TidFR40 SET Nal idF R440C OEF Na I idF R400E OEr L.B,3 i d F R400 PRICE $2,150 $2,365 1 $3,250 1 $2,365 $4,900 $10,720 Neutron Examples why He3tube replacement may be necessary;High background neutron count rate when no source is present, no counts when source is present MODELS All identiFINDER®R400 PROCESS REPAIR ID He3 idF R400 PRICE $2,020 Vendor Services Agreement—Exhibit A Page 15 of 35 Examples why minor repair services maybe necessary; Defective LED module, defective display module defective power pcba MODELS All identiFINDER®R400 PROCESS REPAIR ID REPAIR idF R400A PRICE $1,050 • - • . • Examples why major repair services may be necessary;Any type of defect on the main pcba that requires com anent level repair services component level repair or replacement of LED pulse MODELS All identiFINDER®R400 PROCESS REPAIR ID REPAIR idF R400 B PRICE $1,875 Replacement of • Board Examples why main pcba replacement may be necessary;Short in PCBA, open circuit in PCBA, component level troubleshooting unsuccessful MODELS All identiFINDER®R400 PROCESS REPAIR ID REPAIR idF R400 C PRICE $4 800 Housing - • Replacement of main housing assembly MODELS Non UW Models UW Models PROCESS REPAIR ID HOUSING idF R400A HOUSING idF R400 B PRICE $2 350 $3 650 Replacement of Lens MODELS Non UW Models UW Models Part Number 101802 and 100195 101802 and 100195 PRICE $135 $240 Vendor Services Agreement—Exhibit A Page 16 of 35 . . 0 Optimization Full evaluation of product, parts and accessories Software/firmware update to the latest approved revision level Optimization of I i nearity for opti mal identification results Optimization of gamma dose rate Quality control of instrument and accessories to ensure thatthey meet manufacturer's specifications MODELS ALL Models PROCESS REPAIR ID OPT R440 PRICE $750 ScintillationDetector Replacement Examples why detector replacement may be necessary;no counts due to defective detector, poor detector resolution resulting in poor identification results or misidentifications MODELS Nal(TI) Models Nall-Models PROCESS REPAIR ID DET R440-G DET R440-GN PRICE $4,500 $7,350 Electronic MODELS ALL Models PROCESS REPAIR ID REPAIR idF R440A PRICE $1,450 Replacement of Detector Board Assembly (Does NOT include Detector) MODELS ALL Models PROCESS REPAIR I❑ REPAIR idF R440 B PRICE $1,250 Replacement . Trizeps Assembly MODELS ALL Models PROCESS REPAIR ID REPAIR idF R440 C PRICE $3,400 Vendor Services Agreement—Exhibit A Page 17 of 35 r i identiFINDER6 R500 Optimization Full evaluation of product,parts and accessories Software/firmware update to the latest approved revision level Replacement of internal backup battery(applicable with only oldergeneration identiFINDER's) Replacement of rechargeable batteries Optimization of LED for optimal identification results throughout the complete temperature range (only applicable with Ultra models) Adjustmentof device parameters,calibration and renewal of background spectrum of internal Cs-137 source for optimal identification results [only applicable with models with intrinsic source) Optimization of linearity for optimal identification results Optimization of gamma dose rate Optimization of neutron count rate (only applicable with neutron models) Check internal Cs-137 calibration source forcontainment integrity Quality control of instrument and accessories to ensure that they meet manufacturer's specifications MODELS All radHunter models PROCESS REPAIR ID OPT id R500 PRICE $965 DetectorScintillation Examples why detector replacement may be necessary; no counts due to defective detector, poor detector resolution resulti ng in poor identification results or misidentifications MODELS Nal(TI) Models PROCESS REPAIR ID DET Nal id R500 PRICE $3,950 Neutron Tube Replacement Examples why He3tube replacement may be necessary; High background neutron count rate when no source is present, no counts when source is present MODELS All Models PROCESS REPAIR ID He3 idF R500 PRICE $3,680 Electronic -p. Examples why repairservices may be necessary;Any type of defect that requires component level re air services or replacement of PC6A's MODELS All Models PROCESS REPAIR ID REPAIR idF R500 PRICE $2,135 Vendor Services Agreement—Exhibit A Page 18 of 35 1� Optimization Full evaluation of product Software firmware update to the latest approved revision level Optimization of gamma dose rate Optimization of neutron count rate (if applicable) Optimization of I i nearity for opti mal identification results Optimization of LED for optimal identification resu Its th roughout the complete temperature range (if Replacement of brass screws for external power(if applicable) Replacement of thermal foam(x2) p/n 103679 Quality control of product and accessories to ensure that they meet manufacturers specifications MODELS 200 Series(2 x 3 ONLY) 3DO Series(2 x 3 ONLY)4D3 Series(2 x 3 ONLY) 416 Series(2 x 4 x 16) PROCESS REPAIR I❑ OPT DU OPT DU PRICE $935 $1,450 Detector replacement Examples why detector replacement may be necessary;no counts due to defective detector, poor detector resolution resulti ng in poor identification results or misidentifications MODELS 2DD Series(2 x 3 ONLY) 3DO Series(2 x 3 ❑NLY)4D3 Series(2 x 3 ONLY) 416 Series(2 x 4 x 16) PROCESS REPAIR I❑ DETNal DU A PRICE $3,250 Neutron Tube Replacement Examples why He3 tube replacement may be necessary;High background neutron count rate when no source is present, no counts when source is present MODELS 200 Series 300 Series 403 Series 416 Series PROCESS REPAIR ID He3 DU A He3 DU B PRICE $4,220 $4,220 Electronic Repair Examples why repair services may be necessary;Any type of defect that requires component level repair services or replacement of PCBA's MODELS 200 Series 300 Series 403 Series 416 Series PROCESS REPAIR ID REPAIR DU A REPAIR DU B REPAIR DU C PRICE $1,935 $2,460 $37 200 Vendor Services Agreement—Exhibit A Page 19 of 35 Ra-ldeff Optimization Full evaluation of product, parts and accessories Firmware upgrade (if applicable) Optimization of 7 gamma dose rate detectors Optimization of neutron count rate for 2 neutron tubes(if applicable) Optimization of ID detector for optimal identification results Replacement of lithium Ion battery MODELS Raider all models PROCESS REPAIR ID OPT Raider PRICE $895 Detector Examples why detector replacement may be necessary;no counts due to defective detector, poor detector resolution resulting in poor identification results or misidentifications MODELS Raider all models PROCESS REPAIR ID DET CZT Raider PRICE $6 200 Neutron . Replacement Examples why He3 tube replacement may be necessary;High background neutron count rate when no source is present, no counts when source is present MODELS Raider all models PROCESS REPAIR ID He3 Raider PRICE $2 300 Electronic ■ Examples why repair services may be necessary;Any type of defect that requires component level repair services or replacement of PCBA`s MODELS Raider all models PROCESS REPAIR ID REPAIR Raider PRICE $2,365 Vendor Services Agreement—Exhibit A Page 20 of 35 Miscellaneous Exempt Source Handling Fee U.S. NRC 10 CFR 30.71 Schedule B Limited to maximum of 10 exempt sources PROCESS REPAIR ID EXEMPT RAD FEE PRICE $135 Guaranteed maximum 3 days service PROCESS REPAIR ID EXPEDITE FEE PRICE $125 Evaluation fee is only applicable if repair/maintenance services are declined. PROCESS REPAIR ID EVAL FEE PRICE $400 Vendor Services Agreement—Exhibit A Page 21 of 35 Accessories: i . 0 1Photo Part Description Part Number List Price Comments cable U5B 2.0Type A-Mini B Male l.Om 4208566 $32.00 cable usb micro audio No Photo Currently Available adaptor 11100 4209958 $9.50 wrist strap string black 101035 $15.00 holster idF-R100 4209953 $75.00 1GB U5B memory stick . includes user manual and quick reference guide 4204014 550.00 Accessory Bag 4206385 $10.00 Vendor Services Agreement—Exhibit A Page 22 of 35 identiFINDERI rr Photo Part Description Part Number List Price Comments pwrsuppIy 100-240VAC 5VDC 6W USB includes US, UK and EU adaptors 4204026 $25.00 Battery CR123A 3V 1400 mAh 4206214 $4.90 cable USB 2.0Type A- Mini B Male 2.Om 4204015 $32.00 cable usb mini audio adaptor R200 4209956 $9.50 wrist strap Iandyard 24in black 102001 $24.00 wri st strap stri ng black 101035 $15.00 Battery door CR123 R200 4220298 $45.00 holster idF-R200 4209954 $75.00 Handsfree instrument Optional mount for vehicle(includes nonstandard holster) 4204838 $150.00 accessory USB port rubber cover 4203840 $25.00 Accessory Bag 4206385 $10.00 . clu USB memory stick includes user manual and quick reference guide 4204014 $50.00 Vendor Services Agreement—Exhibit A Page 23 of 35 identiFINDEROR 300 Photo Part Description Part Number List Price C o M m e"rits pwr supply usb 5.OV/2.OA ISSAW includes adaptors U5, UK, EU,AU5 4213398 $76.00 pwr supply car usb 3.0 5.5V/1.5A 4206960 $32.00 cable mini USB-B to USB-A 2m 103429 $32.00 rubber boot R300 103108 $72.00 holster R300 103431 $87.00 hard holster identiFINRER OWR300 4209955 $75.00 C wrist strap string black raider 10103.5 $15.00 wrist strap landyard 24in black raider 102001 $24.00 �•.■.��■ case 1200 black incl.custom •' � insert 103387 $235.00 label case R300 4209095 $14.00 . 1GB USB memory stick includes user manual and quick reference guide 420401.1 $50.00 Vendor Services Agreement—Exhibit A Page 24 of 35 !� sQo identiFINDERO 1 1 Photo Part Description Part Number Price Comments pwrsupply usb 5.OV/2.OA includes adaptors U5, UK, I&SAW EU, AUS 4213398 $76.00 pwr supply car usb 3.0 5.5V/1.5A 4206960 $32.00 Non- cable micro USB-B to USB-A underwater 1m 4202304 $32.00 model Underwater cable LEMO to USB-A 1m 104039 $185.00 model batt powerPACK-ultra-2 Rechargeable complete 103358 $205.00 battery pack Non- batt powerPACK-2excluding rechargeable batteries 102957 $175.00 battery pack 4m m ring idf rev4 103787 $6.50 screw battery compartment, idf re v4 101835 $46.00 case 1450 black incl. inserts 4214964 $350.00 +;= Specific for the Ultra K-40 case 1520 black incl. inserts 4214220 $350.00 Models label case R400 4209107 $14.00 Vendor Services Agreement—Exhibit A Page 25 of 35 usb plug cover idf housing 101596 $25.00 holster 101189 $225.00 holster idf-u 102098 $225.00 Should be used with p/n rubber bumper idf2 main 103659 $210.00 103660 Should be used with p/n rubber bumper idf2 handle 103660 $80.00 103659 wrist strap idf 100034 $24.00 handle Grip idF/idF2 4200413 1 2.C: I `E t Lemo plug/dustcap idf/idf2 underwater model 102503 $32.00 neutron moderator external k_ idf 100248 $364.00 KCI box idf 101594 $370.00 KCI box idf underwater models 4200211 $370.00 1GB U5B memory stick .r--: includes user manual and quick reference guide 4204014 $50.00 Vendor Services Agreement—Exhibit A Page 26 of 35 d_ .O R425 Photo Part Description Part NumberComments Battery CR123A 3V 1400 mAh 4206214 $4.90 16650 Battery 4222635 $55.00 Battery Charger-16650 Cell 4223151 $30.00 Battery Charger power supply-16650 Cell 4223153 $30.00 International powersupply adapter kit 4223154 $10.00 U5B-C Cable C->C 4223308 �:�2.00 pwr supply wall mount 15W 5V 3A 4223152 $34.00 USB-C Cable A->C 4223307 pwr supply car usb 3.0 5.SV/1.SA 4206960 1 $32.00 Vendor Services Agreement—Exhibit A Page 27 of 35 fab case and foam R425 4223421 $450.00 jo— label case R425 4223756 $14.00 wrist strap idf 100034 $24.00 Retractable lanyard 4224177 $55.00 fab holster R425 4209891 $180.00 . 1G6 U56 memory stick includes user manual and quick reference guide 4204014 $50.00 Vendor Services Agreement—Exhibit A Page 28 of 35 s Photo Part Description pwr supply usb 5.OV/2.OA includes adaptors US, UK, EU,AUS 4213399 $76.00 cable micro USB-B to USB-A 1m 4202304 $32.00 cable mini USB-B to USB-A 2m 103429 $32.00 Rechargeable battery pack Li-ion R440 4210014 $495.00 battery pack Non- rechargeable battery holder R440 4212836 $395.00 battery pack 1GB USB memory stick . includes user manual and quick reference guide 4204014 $50.00 q•�■,■*+_* fab case and foam R440 4213734 $450.00 PM label case R440 4213732 $14.00 4mm ring idf rev4 103787 $6.50 Vendor Services Agreement—Exhibit A Page 29 of 35 wrist strap i d f 100034 $24.00 Retractable lanyard TBD TBD fab holster R440 4209891 $155.00 synthetic o-ring grease 1cc R440 4214141 $4.50 o-ring 40x 1.6 N BR 70A 4213725 5'].1) Vendor Services Agreement—Exhibit A Page 30 of 35 I&SAW pwr supply wall usb 3.0 5.5V/1.5A includes US, UK and EU adaptors 4213398 $76.00 pwr supply car usb 3.0 5.5V/1.5A 4206960 $32.00 cable mini U5B-B to U5B-A 2m 103688 $32.00 batt powerPACK-ultra-2 Rechargeable complete 103358 $205.00 battery pack Non- batt powerPACK-2excluding rechargeable batteries 102857 $175.00 battery pack shoulder strap rhA2 103319 $68.00 1GB U5B memory stick includes user manual and quick reference guide 4204014 $50.00 case carry im2450(does not incl.foam inserts) 103361 $198.00 r ■ r • ' insert molded im2450(does not incl.case) 103346 $210.00 Specific to insert molded im2450 LaBr3 the LaBr3 version(does not incl.case) 102162 $210.00 models label case R500 4209108 $14.00 Vendor Services Agreement—Exhibit A Page 31 of 35 lee identiFINDERO S900 Photo Part Description Part Number Price 9W Comments . 1G6 US6 memory stick includes user manual and quick reference guide 4204014 $50.00 C) cable ethernet cat6 utp blue 3M 102561 $26.00 pwr supply PoE/router ST- POE4PWR(Netgear Po router) 102788 $188.00 hangers push close clamping (Stride 203 mtg bracket) 102782 $23.50 STRIDETm 203 pwr supply wall adaptor us lumberg 102711 $165.00 STRIDErm 203 belt cassette u n i v 4-way 76" STRIDET- (ALL dark gray(top belt) 102475 $169.00 300 Series) �1 con ethernet coupler ip67 STRIDE'" mil (Ethernet Mil connector) 103002 $74.00 403.3 clamp offset pipe stride j1CIr- mounting(Stride 403.3 mtg STRI DE TM bracket) 102930 $69.00 403.3 angle bracket mk82.40.0702 (Stride 416 mtg bracket) 103485 $12.50 STRIDE'm 416 screw mac m8x16mm hex steel zinc(Stride 416 mtg screws) 102702 $1.45 STRIDE'M 416 nut m8 square steel zinc 0 (Stride 416 mtg nut) 102701 $145 STRIDE- 416 Vendor Services Agreement—Exhibit A Page 32 of 35 identiFINDER Photo Part Description Part Number"""lorice Cornme nts I (black box) including pwr supply wall adapter U5/UK/ EU 101084 $198.00 cable usb(black box) 101086 $32.00 cable mini usb to lemo idf-u (black box) 101083 $185.00 cable mini usb to mini usb (black box) 101183 $32.00 .Fez cable serial to mini U5B (Black box) 101085 $32.00 adaptor box (black box) 101082 $396.00 Nan- batt powerPACK-2excluding rechargeable batteries 102857 $175.00 battery pack JAM- •. batt powerPACK-ultra Rechargeable complete 102856 $205.00 battery pack 4mm ring idf rev4 103787 $6.50 screw battery compartment, idf rev4 101835 $46.00 Vendor Services Agreement—Exhibit A Page 33 of 35 usb plug cover idf housing 101596 $25.00 holster 101189 $225.00 holster idf-u 102098 $225.00 Should be used with p/n rubber bumper idf2 main 103659 $252.00 103660 Should be used with p/n rubber bumper idf2 handle 103660 $96.00 103659 wrist strap idf 100034 $24.00 handle Grip idF/idF2 4200413 1 2.C: I tw Lemo plug/dustcap idf/idf2 underwater model 102503 $32.00 neutron moderator external idf 100248 $364.00 KCI box idf 101594 $370.00 KCI box idf underwater models 4200211 $370.00 case 1520 including inserts 4214221 1 $495.00 Vendor Services Agreement—Exhibit A Page 34 of 35 EXHIBIT B VERIFICATION OF SIGNATURE AUTHORITY FLIR Detection, Inc. 1024 S. Innovation Way Stillwater, OK 74074 Services to be Provided: Repair and maintenance support services for FLIR Radiation Detection products. Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind the Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,resolution, ordinance or other authorization of Company. The City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. The City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by the Vendor. 1. Name: Position: Signature 2. Name: Position: Signature 3. Name: Position: Signature Name: Signature of President/CEO Other Title: Date: Vendor Services Agreement—Exhibit B Page 35 of 35