Loading...
HomeMy WebLinkAboutContract 55781CSC No. 55781 FORT WORTH CITY OF FORT WORTH SOLE SOURCE PURCHASE AGREEMENT This Sole Source Purchase Agreement ("Agreement") is entered into by and between Teledyne ISCO (��Seller") and the City of Fort Worth, ("Buyer"), a Texas home rule municipal corporation. The Sole Source Purchase Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Sole Source Purchase Agreement; 2. Exhibit A: Tenns and Conditions; 3. Exhibit B: Conflict of Interest Questionnaire. 4. Exhibit C: Seller Contact Information 5. Exhibit D: Verification of Signature Authority 6. Exhibit E: Seller's Sole Source Justification Letter and 7. Exhibit F: Seller's Proposal � Exhibits A, B, C, D, E, and F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. The Amount of this contract shall not exceed $95,000 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Seller. Seller and Buyer have caused this Agreement to be executed by their duly authorized representatives to be effective as of the date signed below. Seller Name: Teledyne ISCO, a business unit ofTeledynelnstruments, Inc. Authorized Signature � � � Printed Name: �/ Andrew L Lyons Jr. Title: 5r. Quotation I Submittals & Contracts Specialist Date: " 04/27/2021 City of Fort Worth Authorized Signature ��yb�y,��.� IHmAerlyJ���1 N pxe. ]ux11u3of.url Printed Name: Kimberly Jutt Title: Sr. Administra[ive Assistant Date: o4/2g/zoz� OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX Revised 3.11.20tp [Executed effective as of the date signed by the Assistant City Manager below.]/ [ACCEPTED AND AGREED:] City: By: Nathe: _Dana Burghdoff Title: Assistant City Manager Date: Vendor: ia;ue: :;,d �t (;;---o-n-Jr-. ------ Title: Sr. Quotation/Submittals & Contracts Specialist Date: 05/03/2021 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: Name: Chris Harder, P.E. Title: DepartmentDirector-Water Approved as to Form and Legality: By: Name: Taylor Paris Title: Assistant City Attorney Contract Authorization: M&C: ---- Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Title: Senior Administrative Assistant City Secretary: By: Name: Mary Kayser Title: City Secretary Exhibit A CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subcontractors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The Vendor(s), consultant, supplier, its officers, agents, servants, employees, vendors and subcontractors, or other provider of goods and/or services who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 TERM This Agreement shall begin on the date signed by the Assistant City Manager below ("Effective Date") and shall expire on saPtamba�3oi 20 2� ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). Buyer shall have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up .to four �) one-y�ar renewal options, at Buyer's sole discretion. 4.0 PUBLIC INFORMATION Buyer is a government entity under the laws of the State of Texas and all documents held or maintained by Buyer are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, Buyer 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 Buyer, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Parties agree that nothing contained within this Agreement is considered proprietary or trade secret inform.ation and this agreement may be released in the event that it is requested. 5.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer Revised 3.11.20tp of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City CounciL (Chapter XXVII, Section 16, City of Fort Worth Charter). 6.0 ORDERS 6.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 6.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 7.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclnsive on shipments not accompanied by packing lists. 8.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 9.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. Revised 3.11.20tp 10.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed. 11.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 12.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 13.0 INVOICES 13.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 13.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 12.3 Payment. All payment terms shall be "Net 30 Days" unless otherwise agreed to in writing. Before the 1 st payment is due to Seller, Seller shall register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website". 14.0 PRICE WARRANTY 14.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods ofpurchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach 4 Revised 3.11.20tp or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. 14.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 15.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 16.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately 17.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The Buyer may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. Revised 3.11.20tp 18.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section 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. 18.2 SELLER shall be liable and responsible for any and all claims made against the Buyer for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the Buyer's continued use of the Deliverable(s) hereunder; 18.3 SELLER agrees to defend, settle, or pay, at its own cost and expense, any claim or action against Buyer for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from Buyer's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if Buyer modifies or misuses the software and/or documentation. So long as SELLER bears the cost and expense of payment for claims or actions against Buyer pursuant to this section, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Buyer shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect Buyer's interest, and Buyer agrees to cooperate with SELLER in doing so. In the event Buyer, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against Buyer for infringement arising under this Agreement, Buyer shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however; SELLER shall fully participate and cooperate with Buyer in defense of such claim or action. Buyer agrees to give SELLER timely written notice of any such claim or action, with copies of all papers Buyer may receive relating thereto. Notwithstanding the foregoing, Buyer's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify Buyer under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, SELLER shall, at its own expense and as Revised 3.11.20tp Buyer's sole remedy, either: (a) procure for Buyer the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect Buyer's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to Buyer; or (d) if none of the foregoing alternatives is reasonably available to SELLER terminate this Agreement, and refund all amounts paid to SELLER by Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer under law; and 18.4 The representations, warranties, and covenants of the parties contained in section 13 through 17 of this Agreement will survive the termination and/or expiration of this Agreement. 19.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the Buyer pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the Buyer. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 20.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 21.0 TERMINATION 20.1 Written Notice. The purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which the goods to be Revised 3.11.20tp purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 20.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by Buyer in any fiscal period for any payments due hereunder, Buyer will notify Seller of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 20.3 Duties and Obligations of the Parties. Upon termination of this Agreement for any reason, Seller shall only be compensated for items requested by the Buyer and delivered prior to the effective date of termination, and Buyer shall not be liable for any other costs, including any claims for lost profits or incidental damages. Seller shall provide Buyer with copies of all completed or partially completed documents prepared under this Agreement. In the event Seller has received access to Buyer Information or data as a requirement to perform services hereunder, Seller shall return all Buyer provided data to Buyer in a machine readable format or other format deemed acceptable to Buyer. 22.0 ASSIGNMENT / DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be reyuested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 23.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renuriciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 24.0 MODIFICATIONS Revised 3.11.20tp This contract can be modified or rescinded only by a written agreement signed by both parties. 25.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any attachments and exhibits. This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, and the Seller's Quote. 26.0 APPLICABLE LAW / VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 27.0 INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Buyer. Sel]er shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and subcontractors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subcontractors. 28.0 LIABILITY AND INDEMNIFICATION. 27.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TD THE EXTENT CAUSED BY Revised 3.11.20tp THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERi�ANTS OR EMPLOYEES. 27.2 GENERAL INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND BUYER, ITS OFFICERS, AGENTS, SER i�ANTS 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 SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF SELLER, ITS OFFICERS, AGENTS, SERYANTS OR EMPLOYEES. 27.3 INTELLECTUAL PROPERTYINDEMNIFICATION— Seller agrees to defend, settle, or pay, at its own cost and expense, any claim or action against Buyer for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from Buyer's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if Buyer modifies or misuses the software and/or documentation. So long as Seller bears the cost and expense of payment for claims or actions against Buyer pursuant to this sectioo, Seller shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Buyer shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect Buyer's interest, and Buyer agrees to cooperate with Seller in doing so. In the event Buyer, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against Buyer for infringement arising under this Agreement, Buyer shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Seller shall fully participate and cooperate with Buyer in defense of such claim or action. Buyer agrees to give Seller timely written notice of any such claim or action, with copies of all papers Buyer may receive relating thereto. Notwithstanding the foregoing, Buyer's assumption of payment of costs or expenses shall not eliminate Seller's duty to indemnify Buyer under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, Seller shall, at its own expense and as Buyer's sole remedy, either: (a) procure for Buyer the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modifcation does not materially adversely affect Buyer's aut�orized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non-infringing software and/or documentation at no additional charge to Buyer; or (d) if none of the foregoing alternatives is reasonably available to Seller terminate this Agreement, and refund all 10 Revised 3.11.20tp amounts paid to Seller by Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer under law. 28 5EVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 29 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 30 NOTICES TO PARTIES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: TO BUYER: City of Fort Worth Attn: Purchasing Manager 200 Texas Street Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 TO SELLER: Teledyne ISCO � VP & Gen��al Manager, Title 4700 Superior Street Lincoln, NE 68504 Facsimile: With copy to Fort Worth City Attorney's Office at same address 31 NON-DISCRIMINATION Seller, for itself, its personal representatives, assigns, subVendors and successors in 11 Revised 3.11.20tp interest, as part of the consideration herein, agrees that in the performance of Seller's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN INTEREST, SELLER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND BUYER AND HOLD BUYER HARMLESS FROM SUCH CLAIM. 32 IMMIGRATION NATIONALITY ACT Seller shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by Buyer, Seller shall provide Buyer with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Seller shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Seller employee who is not legally eligible to perform such services. SELLER SHALL INDEMNIFY BUYER AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. Buyer, upon written notice to Seller, shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 33 HEALTH, SAFETY, AND ENVIRONMENTAL RE,QUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, arid inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 34 RIGHT TO AUDIT Seller agrees that Buyer shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Seller involving transactions relating to this Agreement at no additional cost to Buyer. Seller agrees that Buyer shall have access during normal working hours to all necessary Seller facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Buyer shall give Seller 12 Revised 3.11.20tp reasonable advance notice of intended audits. The Buyer's right to audit, as described herein, shall survive the tennination and/or expiration of this Agreement. 35 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subcontractors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subcontractors against Buyer arising out of Seller's and/or its subcontractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 36 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non-binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties submit the dispute to non- binding mediation and cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 37 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the Buyer is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 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 13 Revised 3.11.20tp this contract, Seller certi�es that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycottIsrael; and (2) will not boycottIsrael during the term of the contract. 38 IN5URANCE REOUIREMENTS 38.1 Covera�e and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller, 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: 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 accidendoccurrence $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 Buyer to evidence coverage. 38.2 General Requirements 14 Revised 3.11.20tp (a) The commercial general liability and automobile liability policies shall name Buyer as an additional insured thereon, as its interests may appear. The term Buyer 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 Buyer. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to Buyer. Ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, Buyer 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 Buyer to request required insurance documentation shall not constitute a waiver of the insurance requirement. (fl Certificates of Insurance evidencing that Vendor has obtained all reyuired insurance shall be delivered to the Buyer prior to Vendor proceeding with any work pursuant to this Agreement. 15 Revised 3.11.20tp Exhibit B— CONFLICT OF INTEREST QUESTIONNAIItE Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the Buyer, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the Buyer. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at httn://www.ethics.state.tx.us/forms/CIO.ndf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the Buyer, state Seller name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #4 box in all cases. 16 Revised 3.11.20tp CONFLICT OF INTEREST GIUESTIONNAIRE For vendor doing business with local governmental entity This questlonnalre reflects changes made to the law by H.B. 23, 84th Leg, Regular Sesslon. This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code, by a vendorwho has a husiness relationship es defined by Seclion 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administratorof the local govemmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Seclion 176.006(a-1 J, Local Go�ernment Code. A vendor commits an offense if the vendor knowingly violates 5ection 176.006, Local Govemment Code.An offense underthis section is a misdemeanor. Name of vendorwho has a business relationship wlth local governmenta] entlry. Not Applicable Check thls box Ifyou are illing an update to a FORM CIQ OFFlCE USE ONLY Date ReceNed (The law requires that you file an updated completed ques5onnaire with the appropriate filing authority not laler than the 7th business day after the date on which you 6ecame aware that the originally filed questionnaire was incomplete or inaccurate.) Name ot local government oNlcer about whom the Informatlon in this section Is befng dlsciosed. Name oF OfFicer This seclion {item 3 including subparts A, B, C, & D) must be completed for each o(ficer with whom the vendor has an employment or other business relaUonship as defined by Secfion 178.D01(1-a}, Local Grnernment Code. Attach addftional pages to this Form CIQ as necessary. A. Is the local gwemment oificer named in this section receiving or likely to receive taxable income, other than investment income, fram the vendor7 � Yes � Na B. Is the vendor receiving or likely to receiv¢ taxable income, other than investment income, from or at the direction of the focal government otficer named in this section AND the taxable income is not rece'rved irom ihe local gavernmental entity? � Yes � No C. Is the filer oi this questionnaire employed 6y a corporation or other business entity with respect fo which the local govemment officer serves as an oificer or director, or holds an ownership interest of one percent or more? � Yes � No D. Describe each employmant or business and family relationship wi[h the local govemment officer named in this section. _,� .� .� C�, Signatuie ot vendor ing Wsiness wilh Ihe governmental entity 04/28/2021 Date Adopted 8J712015 17 Revised 3.11.20tp EXHIBIT C— SELLER CONTACT INFORMATION SO�IeP'S N2rile: Teledyne ISCO, A business unit oiTeledyne Instruments, Inc. Seller's Local Address: a�oo s�Per�or st, Lincdn, Nebraska, 68504 Pl1011e: 1-800-226-4373 FaX: 1-402-465-3022 EIT111�: isco.ordersla�teledvne.com Name of persons to contact when placing an order or invoice questions: NaIT10�Tlile_Customer Service PI70110: 1-800-228-4373 F1X: 1-402-465-3022 EI17111: To place and order: isco.orders@teledyne.com Invoicing: LFI CFS@teledyne.com N81rie/T1i1C_Hewson Lvnch - C.C. Lvnch 8 Associates - Sales Reoresentative and Distributor of Teledvne ISCO Pi10I18: 1-B00-333-22 52 Fax: El11311: hewson@cclynch.com Name/Title Phone: Fax: Email: ����y� Andrew L. Lyon Jr. 04/29/2021 Signature Printed Name Date 18 Revised 3.11.20tp Teledyne Confidential; Commercially Sensitive Business Data EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to lega(ly bind Seller and to execute any agreement, amendment or change order on behalf of Seller. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Seller. Buyer is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Seller. Seller will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. Buyer is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Seller. 1. Na1T10: Andrew L Lyon Jr. POSIiIOII: Sr. Quotation / Submittal & Contracts Specialist � � � � Signature 2, Name: Position: Signature �G�ri�L_ �2hye Vickl L. Benne (Apr29.202110:32 CDT) Signature of PresidenbCEO/Managing Partner Title: VP & General Manager Date 04/29/2021 19 Revised 3.11.20tp 0 Teledyne Confidential; Commercially Sensitive Business Data 20 Revised 3.11,20tp FaRT WORTEI CITY OF FORT WORTH CHAPTER 252 EXEMPTION FORM Instructions: Fill out the entire form with detailed information. Once you have completed this form, provide it to the Purchasing attorney for review. The attorney will review the information you have provided to determine whether an exemption to Chapter 252's biding requirements is defensible. If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure to provide sufficient information may result in follow up questions and cause a delay in the attorney's determination. Section 1: General Information Requesting Department: Name of Contract Manager: Department's Attorney: Item or Service sought: Goods: Service: Anticipated Amount: Water / Pretreatment Servicesl Kimberlv Jutt Tavlor Paris � n 40 000 Vendor: Teledyne Instruments Inc. Current/Prior Agreement for item/service: Yes � No ❑ CSC or Purchase Order # Amount: Projected M&C Date: Contract ID #6235 30 000 N/A How will this item or service be used? The department will purchase Teledvne ISCO portable samplers full-size portable samplers sampler batteries and replacement parts as a re�ulator��r`p enforcing Federal and State re�ulations for Wastewater dischar�es within the Citv's Sanitar�ystem The department uses the above sam�lin�equipment to sample the wastewater streams in the sewer system to ensure no b�product of an industrv's process exceeds the guidelines that are set by the EPA (Environmental Protection A�y) and TCEQ(Texas Commission on Envirnomental Ouality). Samplin� units are �laced in the sewer system at manX Page 1 of 6 points-of-entry throu�hout the City and surroundin� Customer cities. We currentiv have 297 locations. 170 Regulated Industries and we perform close to 5000 samples each vear. Section 2: Claimed Exemation and Justification (Other than sole source) NOTE - For a claimed sole-source exemption, complete Section 3. Please indicate the non-sole-source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions: � A procurement necessaiy to preserve or protect the public l�ealth o�- safety of tlle City of Fort Woi-th's residents; n A procurement necessary because of unforeseen damage to public machinery, equipment, or other property; []. A procurement for personal, professional, or planning services; [� A prociu�ement foi� worlc that is performed and paid for by the day as the work progresses; []. A purchase of land or a right-of-way; n Paving drainage, stceet widening, and other pLlblic improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on pi•operty that will benefit from the improvements; n A public improveinent project, already in progress, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authoi-ized by the voters; [� A payment under a contract by which a developer pa�-ticipates in the coustruction of a pl�blic improvement as provided by Subchapter C, Chapter 212; [1 Pecsonal property sold:� • at an auction by a state licensed auctioneer; • at a going out of business sale held in coinpliance with Subchapter F, Chapter 17, Business & Commecce Code; • by a political subdivision of this state, a state agency of this state, oi- an entity of the federal governnlent; or • undec an interlocal contract for cooperative purchasing adininistered by a regional planuimg coinmission established under Chapter 391; L1 Services performed by blind or severely disabled pecsons; Q Goods purchased by a municipality for subsequent retail sale by the mlinicipality; Page 2 of 6 [] Electricity; or [� Advertising, other than legal notices. Please provide details and facts to explain why you believe the exemption applies to the purchase. You may also attach documentation to this form.The department uses the above sampling equipment to sample the wastewater streams in the sewer system to ensure no by- product of an industry's process exceeds the guidelines that are set by the EPA (Environmental Protection Agency) and TCEQ (Texas Commission on Envirnomental Quality). Sampling units are placed in the sewer system at many points-of-entry throughout the City and surrounding Customer cities. We currently have 2971ocations, 170 Regulated Industries and we perform close to 5000 samples each year. This is a necessary process to preserve and protect the health and safety of the citizens of Fort Worth. The purchase of these parts is necessary to allow the City to provide this service. Section 3: Claimed Sole-Source Exemntion and Justification NOTE - For any non-sole-source exemption, complete Section 2. Please indicate the sole-source exemption you believe applies to the purchase and provide information to support its applicability. Please refer to the Exemption Primer for detailed information about common exemptions �*A procucement of items that are available from only one source, including: • iteins that are available fronl oi11y one source because ofpatents, copyrights, secret processes, or natural monopolies; • films, manuscripts, or boolcs; • gas, water, and other utility secvices; • captive replacement parts or components for equipment; • boolcs, papers, and other library �naterials for a public libra�y that are available only from the persons llolding exclusive dist�ibution rights to the materials; and � ma�iagement services provided by a nonprofit organization to a mt�nicipal museum, park, zoo, or other facility to which the ocganization has provided signifrcant financial or other benefits; How did you determine that the item or service is only available from one source? Page 3 of 6 Attach screenshots and provide an explanation of any independent research you conducted, through internet searches, searching cooperatives, or discussions with others knowledgeable on the subject matter that corroborate that the item is available only from a single source. Did you attach a sole source justification letter? ❑ Yes ❑ No Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.). Section 4: Attornev Determination With the facts provided by the department, is the use of the claimed exemption defensible if the City were to be challenged on this purchase? f� Yes L1 No. Was there anything attached to this fonn that was relied on in making this determination? n Yes � No. If yes, please explain:[DESCRIBE ATTACHMENTS CONSIDERED] Was there anything not included on this form or attached hereto that was relied on in making this determination? n Yes � No. If yes, please explain:[EXPLAIN OUTSIDE SOURCE OF INFORMATION] Will the standard terms and conditions apply? � Yes n No. Will the contract require special terms? Will the contract require review by the department attorney? n Yes � No. n Yes f � No. Approved By: /� ' ,�--� .µ+^--' T lor Paris / Jessika Williams Assistant City Attorney Date: 3.25.2021 Page 4 of 6 EXEMPTION FORM PRIMER Below are explanations and examples of common exemptions that could apply to City purchases. If you have questions about the information provided or need additional information, please contact your deparhnent's assigned attorney or the appropriate purchasing attorney. A procureinent necessary to preserve or protect the public health or safety of the municipality's residents; Examples of activities that have been found to fall within this exception include ambulance services; solid waste collection and disposal; and first-responder safety equipment such as breathing apparatus for firefghters and bullet-proof vests for police officers. A pcocurement necessaiy because of unforeseen dai��age to public �nachinery, equipinei�t, or other propei-ty; Examples of this type of procurement would include repaicing or replacing roofs and windows damaged by hail or a to�ilado. But parts and services for i-outine maintenance oc replacement of old, worn out roofs or windows would not �neet this exception. 3. A procurement for pe1•sonal, professioi�al, or planning services; Personal services are ones that are uuique to the individual providing them. Therefore pei-sonal services contract cannot generally be subcontracted or �assigned. Professional services are not defined under Chapter 252, so there is no precise defi�lition to follow. There is no univecsal definitioil of this term, however, "several cases suggest that it... is `predoininately �nental or intellectual, rather than physical or manual."' Tex. Atty Gen Op. JM-940 (1988) (quoting Maryland Casualty Co. v. Cray Watef• Co., 160 S.W. 2d 102 (Tex. Civ. App.—Eastland 1942, no writ). The Texas Attorney General has also opined that "professional services" no longer includes only the services of lawyeis, physicians, or theologians, but also tllose members of disciplines requiring special lcnowledge or attainment and a high order of learning, skill, and intelligence. Id. Facts ileeded to suppoi-t a professional service exeinption include the specialized reqLiirements of that profession and the mental and intellectual skill required by the person while performing the service. Purchases of goods are not professional set•vices. 4. A procucement of items that are available from only one source. This exe��nption is commonly i•eferred to as tlle sole source exemption. In determining whethec a purchase is of a good or service that is available from one source, you should not consider price or time to receive the good or secvice. A sole source does not exist solely on the basis of personal or depai-tmental preference or a desire to keep all units the same brai�d or make. The information needed to support this exetr►ption is that no otller provider Page 5 of 6 can provide the service or category of good except for the vendo�• you are proposing. Some examples of sole source purchases include service agreemeilts when only one vendor is authorized to woc]< on the eqL�ipment by tl�e manufacturer and allowing anotl�er vendor would void the war�•anty; purchase of a good that is copyrighted or t�•ademai•ked and only provided by one vendor. Page6of6 �1TELEDYNE ISCO EverywhereyoulooK" Attention: To Whom It May Concern Subject: Sole Source Letter This is to certify that Teledyne ISCO, a business unit of Teledyne Instruments, Inc. is the sole manufacturer of Teledyne ISCO and QCEC automatic water/wastewater sampling and flow monitoring equipment. These items include but are not limited to flowmeters, samplers, rain gauges, connecting cables, and associated hardware, as well as, operational and flow management software. Equipment and parts can be obtained either directly from Teledyne ISCO or through our local representative, C.C. Lynch & Associates, Inc. C.C. Lynch & Associates, Inc., with offices located at 300 Davis Avenue, Pass Christian, Mississippi 39571, is an authorized exclusive Teledyne ISCO Sales Representative and Distributor for the following territory: • Alabama, � Mississippi, • Louisiana, � Florida including the counties of: o Gulf, Calhoun, Jackson, Bay, Washington, Holmes, Walton, Okaloosa, Santa Rosa, and Escambia. � Texas south of and including the counties of o Bailey, Lamb, Hale, Floyd, Motley, Cottle, and Hardeman This letter is valid until November 30, 2021. Respectfully, ,A .L_ ,L C,�, Andrew L�Lyon Jr. Sr. Quotation/Submittals & Contracts Specialist Teledyne ISCO A business unit of Teledyne Instruments, Inc. ���ELEDY�IE 15C0� �Y4; � n,� �,�,r�� e r�ya u�� j�.,�; . Bill To Name Bill To Ship To Name Ship To ISCO ID# ISCO Terms � . 1.00 i ISCO 1.00 I ISCO City of Fort Worth P.O. Box 870 Fort Worth, Texas 76101-0870 TARRANT City of Fort Worth 920 Fournier Street Fort Worth, TX 76102-3491 0023906 Net 30 ',601684040 601684088 1.00 ISCO 602954018 1.00 ISCO 602954019 1.00 ISCO 603704066 1.00 ISCO 603709002 1.00 ' ISCO � 1.00 ISCO 1.00 1.00 1.00 1.00 1.00 ISCO ISCO ISCO ISCO ISCO 1.00 ISCO 1.00 ISCO 1.00 : ISCO [:��bYcI�ifZ:�] 605304983 606700044 606700047 606700062 609004367 682950001 682960001 682960004 682960005 QUOTATION Quote # 00002098 V3 Date 2/3/2021 Prepared By Hewson Lynch Email hewson@cclynch.com Phone 800-333-2252 Contact Name Robert Robbins Phone (817)392-8427 Email robert.robbins@fortworthtexas.gov Est. Shipment 3-4 Weeks ARO Shipping Terms F.O.B.: Orgin PP&A IModel 934 Nickel-Cadmium Battery. Rechargeable, 12 VDC, 4 amp-hours. For ( use with ISCO GLS, 3700, 6100, a�d 6700 Series Portable Samplers; 4200 Series flowmeters; and 150 Portable Peristaltic Pump. Recharge using Model 961 or 965 battery charger. Model 913 High Capacity Power Pack. Converts 120 VAC, 50/60 Hz to 12 VDC. Includes separate output for charging ISCO batteries. UL and ULC listed. For use with ISCO GLS, 3700, 6100, and 6700 Series Portable Samplers; 4200 Series flowmeters; and Signature Portable flowmeters. TOP COV ASSY KB Center Section 3/8 inch ID CPVC strainer Tubing coupler, 3/8 inch. One-piece, clampless coupler made of stainless steel. Can be used with any ISCO sampler. SPA 762. Ultra Low Flow 1/4-inch Stainless Steel Strainer. This strainer is equipped with a single 1/4-inch hole located on the bottom. A 2-inch wide flat plate secures the hole toward the bottom. Dimensions are 3-inches long, 2-inches wide due to flat plate and 1/2-inch high. SPA 983. PEEK Coupler. This coupler provides connection between 3/8-inch suction line and sampler's pump tubing, It is made from PEEK and is often used when sampling for trace metals. Pump tubing for 5800/4700 and 6700 Series/Avalanche Sampler - quantity 10 Discharge tubing for 5800/4700 and 6700 Series/Avalanche Sampler, pump tubing for 3700 Series, GLS, and Glacier Samplers - 50 ft. Pump tubing for 5800/4700 and 6700 Series/Avalanche Sampler - quantity 5 3/8 inch standard weighted polypropylene strainer. GLS Sampler with 2.5 gallon (10 liter) polypropylene bottle. Glacier Sampler for AC (120/240 V) or external DC (12 V) powered applications, with North American AC power plug. Includes two pump tubes, 12 VDC power cable with heavy-duty battery clips, and 12 VDC power cable with cigarette lighter plug. Glacier/Avalanche Mobility Kit. Includes frame with lifting handles, pneumatic tires, battery shelf, and pull handle. Glacier 2.5 gal (10-liter) Polyethylene Nalgene bottle kit. Includes cap for sampling and cap for transport, bottle retainer (narrow), and two discharge tubes. $291.00 � $291.00 $288.00 $288.00 $141.10 $141.10 $595.16 $595.16 $130.00 $130.00 $23.00 $23.00 � $166.00 $166.00 $161.00 $234.00 $351.00 $129.00 $86.00 $2,503.00 I $161.00 $234.00 $351.00 $129.00 $86.00 $2,503.00 $4,782.00 $4,782.00 $610.00 $610.00 $189.00 i, $189.00 1.00 ISCO I 1.00 ISCO 1.00 1.00 1.00 1.00 1.00 1.00 � ISCO ISCO ISCO ISCO ISCO ISCO [:��tI�I�I��!I:� 685800001 686700006 686700025 686710070 686710071 686710072 � � 692903138I Model 965 Five-Station Battery Charger with North America 120 VAC power cord. Powered by 120 or 240 VAC, 50/60 Hz (user-switched). UL listed. Charges five ISCO 934 Nickel-Cadmium Batteries, or five ISCO 946 or 947 Lead-Acid Batteries, simultaneously. 5800 Refrigerated Sampler (115 VAC, 60 Hz). Includes control panel, refrigeration unit, distributor arm, and two pump tubes. To receive a complete system you must also order a bottle configuration kit and suction line with strainer. 24-bottle Configuration for 6700 Series Full-size Portable Sampler. Includes 24 polypropylene 1-liter bottles with caps, bottle retaining ring, and two discharge tu bes. 1-Bottle Configuration. Standard Compact Base Portable Sampler only. Includes 2.5-gallon (10-liter) round polyethylene bottle, cap, tube guide, and two discharge tubes. 6712 Full-size Portable Sampler. Includes controller, top cover, center section, base, distributor arm, and two pump tubes. Does not include bottle configuration kit. 6712C Compact Portable Sampler. Includes controller, top cover, center section, base, distributor arm, and two pump tubes. Does not include bottle configuration kit. 6712FR Refrigerated Sampler (120 VAC, 60 Hz). Includes controller, refrigeration unit, distributor arm, and rivo pump tubes. Does not include bottle configuration kit. 3/8 inch stainless steel strainer, low flow. Please address order to: Teledyne ISCO 4700 Superior Lincoln, NE 68504-1398 Important: • ISCO Minimum Order is $500. Alternatively, you may order through their webstore https://store.teledyneisco.com/ • Prices are strictly limited to Seller's Terms & Conditions of Sale, see http://isco.com/orderinfo/terms.asp Teledyne ISCO Representative: C.C. Lynch & Associates 800-333-2252 228-452-2563 fax email: info@cclynch.com Subtotal Grand Total $942.00 $6,272.00 $239.00 $205.00 $4,114.00 $3,976.00 $7,448.00 $67.00 $942.00 $6,272.00 $239.00 $205.00 $4,114.00 $3,976.00 $7,448.00 $67.00 �33,942.26 633,942.26 • All freight will be Prepaid & Invoice Added unless specifically detailed otherwise. • Teledyne ISCO Federal ID # 95-488283