HomeMy WebLinkAboutContract 50945 CITY SECRETARY
CONTRACT N0.,
P.O. No.i�k-
SS No..: SS18-00420875 j
FORT NORTH I
CITY OF TORT WORTH
SOLE SOURCE PURCHASE VENDOR AGREEMENT
This Sole Source Purchase Agreement("Agreement") is entered into by and;between Horizon
Technology Jnc., ("Seller") and the City of Fort Worth, ("Buyer"), a'Teras home rule municipal
corporation.
The Sole Source Purchase Agreement includes the following doctiments which shall be construed
in the order of precedence in which they are listed:
1. This Sole.Source Purchase Agreement;
2. Exhibit A—Terms and Conditions; E
3. Exhibit B -[Seller's Quote, Scope of Services or Purchase Order];
4. Exhibit C—Seller's Sole Source Justification Letter;
5. Exhibit D—Sole Source Procurement'Justification;and
6. Exhibit E—Conflict of Interest Questionnaire.
Exhibits A, 13, C, D and E,.which are attached.hereto and incorporated herein, are made a pact of
this Agreenlent.for all purposes. The Amount of this contract shall not exceed$48,536.50..
The undersigned represents and warrants"that he or she has the power and authority to execute this
Agreement and bind the respective Seller. Seller and Buyer have caused this Agreement to be
executed by their duly authorized representatives to be effective as of the date signed below.
Vendor Name:
Horizon Technology Inc.,
Authorized Signature
Printed Name:
Title:
Sales Administrator
Date' April 26,2018
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City of Fort Worth
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Authorized Signature
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Pi-htted Name:
Title:
Date:
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Sole Source;Agreement-Horizon Technology Inc
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OFFICIAL RECORD
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Exhibit.A
CITY OF FORT WORTH,TEXAS
STANDARDPURCHASING TERMS AND CONDITIONS
14 DEFINITION OF BUYER
The,City of Fort Woi*its officers,.agents,servants,authorized employees,vendors and
subvendors who act on behalf of various City departments,,bodies or agencies.
2.0 DEFINITION OF SELLER
The consultant, Vendor(s),.supplier.,.Vendor(s)or other provider ofgooda and/or. entices,
its officers;.agents,servants, employees;vendors.:and subvendors.'wlio act on behalf of the
entity under a contract with thetity of Fort Worth.
3.0 TERM
3..1 The is:for a-one time purchase for the items.listed.in Exhibit B.
4.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth(the:"City")may be requested by a
member of the public under the.Texas'Public Information Act: See TEX. GOV'T CODE
ANN: §$.5.52.002,.552.12.$.(c)(West..Supp. 20p6}. If the,Cityrecowps a.requestfor a
Seller's proprietary information,the Seller]fisted in the request will be notified and given
an opportunity to make arguments to the Texan Attorney GeneraI's Q lice(the"AGI)
regarding reasons the Seller believes than its.information may not lawfully`be released.If E
Seller does not:make arguments.or the AG rejects the arguments Seller ihakes,Seller's '
information will be released without penalty to the City.
5.0 PROHIBITION AGAINST PERSONAL INTEREST 1N CONTRACTS
No officer or employee of.Buyer shall have a financial interest, direct or indirect,iia.auy
'contract with.Buyer:or be finan.dally interested;directly or indirectly,iti the sale to Buyer
of Ax1y land, materials,stapplies 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.shaIl 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
IVlhnager or the:City Council.,(chapter;:) XVIt,,Secti on 16, City. of Fort Worth.Charter)
6.0 ORDERS
6.1 No;employees of the Boyer or its:offieers; agents,servants;vendors or subveodors.
Who:act on behalf of various.City.departments,bodies or agencies.`are•authorizdd
to place orders for goods and/or services without ptaviduig qp'r.ove.d.contract
numbers,purchase order numbers,or releme_numbers issued by the Buyer:The
only exceptions are Purchasing�Card.orders and emergencies-pursuant to Texas.
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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 Buyer
may result in rejection of delivery, retw•n of'go.orfs 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 l of 4 boxes; and
(d)Number of the container bearing the packing slip, Seller shall bear the cost of
packaging unless otherwise provided. Goods shall be suitably packed to secure lowest
transportation costs and to conform to requirements of common carriers and any
applicable specifications.Buyer's count or weight shall be final and.conclusive on
shipments not accompanied by packing lists.
8.0 SHIPMENT UNDERRESERVATIOiN PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of
lading will operateas 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.
10.0 DELIVERY TERN-IS AND.TRANSPORTATION`CHARGES
Freight terms shall be F.O.B. Destination,Freight Prepaid and Allowed, unless delivery
terms are specified.otherwise in Seller's proposals. Buyer agrees to reimburse Seller for
transportation costs in.the ammint specified in Seller's proposals or actual costs,
whichever is lower,if the quoted delivery terms do not include transportation costs;
provided,-Buyer shall have the right to designate what method of transportation shall be
used to ship the goods.
11.0 PLACE OF DELIVERY I
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 s
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.
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13.0 nvvOICES
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 f
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 waybUl, when applicable, should be attached to the invoice,
Selter 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 instr-rnnents 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 fiimish a tax exemption certificate upon Seller's request,
13.3 Payment. All payment terms shall be"Net.30 Days"unless otherwise agreed to
in writing. Before the 1st payment is due to Seller,Seller shall register for direct
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deposit payments prior to providing goods and/or services using,the fonns 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 specif cation covered by this agreement for
similar quantities under like:conditions and methods of purchase. In the event
Seller breaches this warranty;the prices of the items.shall be reduced to the prices
contained in Seller's proposals,or in the alternative upon Buyer's option,Buyer
shall have the right to cancel this contract without any liability to:Seller for breach
or for Seller's actual expgise. Such remedies are in addition to and-not in lieu of
any other.remedies which Buyer mayhave 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 sliall render this contract voidable at the option of Buyer: Seller warrants that tete I
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goods furnished will conform to$uyer's specifications, drawings and descriptions listed
in the proposal invitation, and the sample(s)famished by Seller,if any. In the event of a
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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(OSI-1A)
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 sofhyare 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 City may not or share this
software without permission of the Seller;however Buyer may make copies of the
software expressly for backup purposes.
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 i
individually referred to as a-"Deliverable"and collectively as.the
"Deliverables,") do not infringe upon or violate any patent, copyrights,
trademarks, service marl=s, 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 City for infringement of any patent,copyright,trademark,service mark,
trade secret,or other intellectual property rights:by the use of or supplying
of aniy Deliverable(s) in the,course of performance.or completion of,or in any
Way connected with providing the services, or the City'stontinued'use of the
Deliverable(s) hereunder.
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18.3 SELLER Agrees to indemnify,defend, settle, or pay, at its own cost and
expense,inciudng.the payment of attorney's fees, any claim or action against
the City for infringement of any patent copYri hti.trade mark sevice mark {
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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)..$o long as
SELLER bears the cost and expense-of payment for claims or actions against
the City pursuant to this section 8,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;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 SELLER 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,
SELLER shall fully participate and cooperate with the City in defense of
such.claim or action, City agrees to give SELLER tunely: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 SELLER'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,
SELLER shall, at its own expense and as City's.sole remedy,either: (a)
procure for City the right to continne 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 Delive.rable(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 SELLER, terminate this Agreement,.
and refund all amounts.paid to SELLER by the.City,subsequent to which
termination City may seek any and all remedies available to City under law.
19.0 ONVNERSHIP 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 City pursuant to a Work Order,including all such
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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 City. 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 1
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 herebywaives any property interest
in such Work Product,
20.0 NETWORK ACCESS
The City owns and operates a computing environment and network(collectively the
"Network"). If Seller requires access; whether onsite or remote, to the City's network to
provide services hereunder, and the Seller is required to utilize.the Internet, Intranet,
email,City database,or other network application, Seller shall separately execute the
City's Network Access Agreement prior to providing such services.A copy of the City's
standard Network Access Agreement can beprovided upon request.
21.0 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 terins hereof,
includ ngwaixanties 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.
22.0 TERMINATION
The performance of work or purchase of goods under this order may be terminated in
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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 performance of work
..or the goods to be purchased under the.order.is tenininated and the date upon which such
termination becomes effective. Such right of termination is in addition to and not in lieu
of any other'tennination rights of Buyer as set forth herein.
23.0 -ASSIGNMENT/DELEGATION
No interest,;obligation or right of Seller,including the right to receive payilient, under �
this contract shall be assigned or delegated to another entity without the express.written j
consent of Buyer. Any attempted assignment or delegation:of.Seller shall be wholly void I
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 requested include, but are not limited to; Articles of
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-Incorporation andrelaied:ameadments, Certificate.of Merger IRS Form W-9 to-verify
tax idend ficatjo n number; etc Buyer reservesthe.e rift.
towiihhold.all payments t.any
entity othertitianSeller,if Seller isnot.in. CQmpHance with this proVl$l
on. If Seller fails t
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provide necessary inBormation in accordancewith this section,Buyer shall nut be liable ,
for anypdmilties,fees or interest resulting therefrom.
24.0 WAIVER
No claim or right arisingout of a breach of this can be.,discharged in:whole or in
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part by,4 waiver or rentioci ation of the clafit or-tight unless.the waiver( - i ion is
.,,)T re.nimpiat
supported.'by consideration In-writing:a4d is signed by the aggrieved"party,
-25..0 MOMFICATIONS'
Thj.s:co.ntkac.t can be.modificd or rescinded offlyby.d written agreement signed byboth
parties,
26.0 THE AGREEMENT
In the absence:of an otherwise negotiated contract,.or unless stated otherwise,the
Agreeniqnt.between.Bwer and..Se. 11er shall consisi%oft.hese'Standa. rd 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 intdnded'also as a,complete,and
exclusive*statement of theterms orf 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 perforqtagqp under this
Agreement shall trot.berelevant to det ermino.themeaning o T i.this
Agreement even though
the accepting or acquiescing party has kn wle ge of the performan''Ot and,o*
o_ d pportunity for
objection. Whenever a term defined by.the Uniform Commercial Code(UCC)is used in
this Agreement,'the definition.contained.In the.UCC ghall.d6fttrol 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:
27.0 APPLICABLE LAW/ VENUE
This agreement shall be governed by the,Uniform Qommercigl Code wherever the term
Commercial Co4e�'..or"UCC"is used.It shall be construed as.meaning the
Uniform Commercial Code as adopted and amended in the State of Te_xas.Both parties
agree that.venue f6t any lifigation.aisimg froin 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.
28.0 INDEPENDENT VENDOR(S)
Seller shall operate hereunder as an in1 1 dependent-Vona :and`not:its an Officer, agent,
.servant or employee of Buy6r. Seller shallhav e exclilgiva control of, and the exclusive
right W control the detail's of its,operations hemander..,and,all persons:petf- orming sain6,
And shall
11 be solety ie§p6iisiblefor the acts and omissions of its officers,.agents,
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employees, vendors and sub- vendors. The doctrine of respondent superior shall.not apply
as between Buyer and Seller; its officers,agents, employees,vendors and subvendors.
Nothing herein shall be construed as creating a partnership or jointenterprise between
Buyer and Seller, its officers,agents; employees,vendors and subvendors.
29,0 LIABILITY AND INDEMNIFICATION.
29.1 LIABILITY-SELLER 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 OTMISSION(S),MALFEASANCE O.R INTENTIONAL MISCONDUCT
OF SELLER, ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
251.2 INDEMNIFICATION SELLER HEREBY COVENANTS AND AGREES
TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO
REFERRED TO AS BUYER);ITS OFFICERS,AGENTS, SERVANTS
AND EMPLOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS OF ANY BIND 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)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 ACTS'OR:OMISSIONS OF
SELLER, ITS OFFICERS,AGENTS,,SUBVENDOR(S)S,SERVANTS:OR
EMPLOYEES
30.0 SEVERABILITY
In case any one or more of the provisions contained:in this agreement shall far 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 I
never been contained herein.
31..0 FISCALFUNDINGLIMITATION
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 j
such occurrence and this contract shall be terminated on die last day.of the fiscal period
for which funds,have been appropriated-Mthout penalty or expense to Buyer of any kind
whensoever, except to the portions of annual payments herein agreed upon for which
fiends shall have been appropriated and budgeted or are otherwise available.
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31.0 NOTICES TO PARTIES
Notices addressed to Buyer pursuant to theprovisions:hereof shall be conclusively
determined to'have been delivered three.(3)business days following the.daysuch notice
is deposited in the United States.mail, in.a sealed envelope with sufficientpostage
attached, addressed.t.b Purchasing lYlanager,City of Fort Worth,Purchasing Division, 200
Texas Street,Fort Worth;Texas 76102. Notices to Seller shall be conclusively
determined to have been delivered three(3)business.days following the day such notice
is deposited in the Uriited..States mail,in°a sealed envelope:with sufficient postage
attached;addressed.to the address given by Seller in.its.response to Buyer's invitation.:.to.
proposals.Or if sent via express courier or hand delivery,notice is considered received
upon delivery.
33.0 NON-DISCRIIVIINATION
This contract is made and entered into with reference specifically to Chapter 17,;Article
III,Division 3.("E#iiployment l?ractices"),of the City Code of the Cityof Fart.Worth
(1936),as.amended,and Seller hereby covenants and agrees that Seller,its employees, }
officers;agents,vendors or subvendors,have fully complied with all,provisions of same.
and that no employee; participant,applicant,VVendor(s)or stibVendor(s)has been.
discriminated against,according to the terms of such Ordinance by Seller,its employees,
officers,agents,Vendor(s)or subvendors:herein.
34.0. IN MIGRATION NATIONALITY ACT
City actively supports the Imtriigation&Nationality Act(INA)which includes
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provisions addressing em to m. ent eligibility,,employment verification,.and
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nondiscrimination. Vendor shall°verify the identity and employment eligibility of all
employees who perforin work under this Agreement: Vendor shall com, plete the "
Employment Eligibility Verification Form(I-9),maintain photacopie$of all supporting
employment eligibility and identity documentation for.all employees, and upon request,
provide City with copies of all:I-.9 forms and supporting eligibility documentation for
each employee who performs work under this Agreement,Vendor shall establish
appropriate procedures and controls so. that no services will be performed by any
employee who is not legally eligible to perfpnri such services,.Vendor shall provide City
with a certification letter that it has complied-with the verification requiremeiits.required
by this Agreement. Vendor:shall indeiriiify City from any penalties of liabilities due to
violations of this:provision. City shall have the tight to.immediately terminate this
Agreement for violations of this..provision by Vendor.
35.0 HEALTH,SAFETY,AND ENVIRON MENTAL.R QUIRENIENTS
Services;products,materials, and supplies provided by the Seller must meet or exceed all
applici,ble health,safety, anal the environmental laws',regt itemcnts,-and..standards.In
addition,Seller agrees to obtain add pay,at its own;expense,for all licenses,permits;
certificates, and inspections:necessary to provide.the products or to perform.the services
hereunder;Seller shall indemnify Buyer from any penalties or liabilities due to violations
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of this provision.Buyer shall have the right to immediatelyterminate this Agreement for
violations of this provision by Seller.
36.0 RIGHT TO AUDIT f
Seller agrees that the Buyer, or Buyer's authorized representative, shall,until the
expiration of three(3)years after final payment under this contract,and at no additional I
cost to Buyer,have access to and the right to examine and copy any directly pertinent j
books, computer disks, digital tiles, documents,papers and records of the Seller I
involving transactions relating to this contract,including any and all records maintained
pursuant to this Agreement.Seller agrees that the Buyer sliall have access; during normal
working hours; to all necessary Seller facilities, and shall be provided adequate and
appropriate workspace;in order to conduct audits in compliance with the provisions of
this section. Buyer shall pay Seller for reasonable costs of any copying in accordance
with the standards set forth in the Texas Administrative Code,The Buyer shall give
Seller reasonable advance written notice of intended audits,but no less than ten(10)
business days.
57.0 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 subvendors will not unlawfiilly
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 subvendors. 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 anyclaiins or
allegations asserted by third parties or subvendors against Buyer arising out of Seller's
and/or its.subvendor's alleged failure to:comply with the ebove-referenced laws
concerns ng disability discrimination in the performance of this agreement.
I
38.0 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 atter
discovering the claim, dispute, or breach. The notice shall state the nature of the dispute E
and list the party's specific reasons for such dispute. Within ten(10)business days of
receipt of the notice,bothparties shall make a good faith effort, either through email,
mail,phone conference,,in person meetings,or other reasonabi means to resolve any
claim, dispute,breach or other matter in question that play 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.
$ole Source Agreement—Horizon Technology.lnc
11
Rev1sed.4.19.18cg
i
3
SS No.:SS19-00420875
orlother applicable rules-.governing:mediativn then in effect, if the parties cannot resolve
the dispute through mediation,then either party shall havo the right to:exercise any and
All;remedies available under law regarding the dispute.
39.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL.
Seller acknowledges:that in:accordance with Chapter 22.'70 of the Texas Government
Code, the City AS prohibited from entering into a contract.with a company for goods or
services,unless the'contract contains;a.'writtei<vertftcRtion tlom the company that it: (1)
does not boycott Israel; and(2)will not boycott Israel during the term of the contract.
The terms"boycott Israel'°and"company'$shall have the meanings ascribed to those
terms in Section 808;001 of the Tens Government Code. By signing this contract,Seller
certifies that Seller's signature provides written'veritication to the City that Seller: (1)
does not boycott Israel;and (2)will not boycott Israel during the term of contract
- I
40.0 INSURANCE REQUIREMENTS j
40.1 Seller shall assume all risk and liability for accidents and damages that mayoccur l
to persons or property during the prosecution of work under this Agreement.
Seller shall file with the City. of Fort Worth Purchasing Division;prior to the
commencement of services,a certificate of insurance documenting the following
required insurance within five(5)calendar days of notification.
40.2 Policies shall have no exclusions by endorsements which nullify the required lines
of coverage,nor decrease the limits of said coverage'unlesssuch endorsements
are approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional
insurance coverage, and the City desires the Vendor to obtain such coverage,the
eontract,price shall be.adjusted.by the cost of the premium for such additional !
coverage plus 10%. I
4.02.1 Statutory Workers' Campensation_Irtsurariceand Employer's,Liability
Insurance. at the follmyitig limits:
$100.,000 Each,Accident
$500,000 Disease—Policy limit
S4 0.01,0.60 Disease—Each.Employee This coverage may be written as
follows:
s
Workers,'Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas Workers'
Compensation Act(Art. 8308— 1 01 et seq..`Tex;Rev.Civ.Stat. and
minimum,policy limits far Employers' Liability of
Sole Sout`ce:.Agreemeht-•'Ho:rizon Technotogy:)nc
12
Revised 4.RAUg
4
i
P.O.No.f
55 No. :SS18-00420875
5100,000 each accident/occurrence,
$500,000 bodily injury disease policy limit and
$100,000 per disease per employee,
40.2:2 Commercial General Liability.Insurance'including Explosion, Collapse,
and Underground Coverage shall be.provided as follows:
1,000,000 Each Occurrence
.$2,000,000 Annual Aggregate
Coverage shall include but not be limited to the.following:
premises/operations, independent vendors,products/completed operations,
personal injury, and contractual liability. Insurance shall be provided on an
occurrence basis, and as comprehensive as the current Insurance Services
Office(ISO)policy.
40.2.3 Auto Liability Insurance shall be,provided as follows:
$.1,0.00,000 Combined Single Limit Each Accident
A commercial business policy shall provide coverage on"Any Auto",
defined as autos owned, hired and non-owned.
40.2.4 The Contractor shall furnish the Purchasing Manager,with a certificate of
insurance documenting the required'insurance prior to the commencement
of services.
40.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30)
day notice.of cancellation,material change in coverage, or non-renewal of
coverage..
40.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth
as an additional insured,as itsinterests may appear(ATIMA).
40.3. ADDITIONAL INSURANCE REQUIREMENTS
40.3.1 The City, its officers, employees.and servants shall be endorsed as an E
.additional insured on Vendor's insurance policies excepting employer's
liability insurance coverage under Contractor's workers' compensation
insurance policy.
F
403.2 Certificates of insurance satisfactory to the City and.Worker's
Compensation Affidavit must be received before Vendor can begin work.
Failure to supply and inaintain such insurance shall be a breach of !
contract. Contractor shall provide complete copies of all insurance,policies.
required by this Agreement. Certificates of insurance rn4ist be supplied to
Sole SourceAgreement—Horizon Technology Inc
13
Revised 4.18.18cg 1
I i
P.O.No.
SS No.:5518-00420875
Financial Management Services Department
Attention:Purchasing Division,SS1$-00420815
200 Texas Street(Lowerlevei)
Fort IWortli,Texas 7b:02
403.3 Any failure part of thet City to request required insurance
documentation shall.not constitute a waiver of the insurance:requirements
specified herein. Each insurance.policy shall be endorsed to provide the ,
City a minimum,30 days' notice of cancellation,non-renewal, fend/or j
material change in policy terms or coverage. A'ten(•l0)day notice shall.be
aceeptable;in the event ofnon=payment of premium.
403,4 Insurers must be authorized to do business in the State of Texas and have a .
current A.M..Best rating of A:VII or equivalent measuree of financial j
strength and solvency.Deductible limits,,or self-funded retention limits,
on each policy must not exceed$10,000.00 per occurrence unless
otherwise approved by the City.
40.3.5 Other than worker's compensation insurance, in lieu.of'traditional
insurance,City may consider altemad e.covetage.or risk treatment
measures through insurance pools or risk retention groups.The City must
approve in writing any alternative coverage.
40.3.6 Workers' compensation insurance policy(s)covering employees of the
Vendor shall be endorsed with a waiver-of subrogation providing rights of
recovery'in favor ofthe City.
40.3:7 -City shall not be responsible for thedirect payment of insurance premium E
costs for Vendor's insurance.
40.3:$ Vendor's insurance policies shall each be endorsed to providethat.such
insurance is primary protectio, and any self-funded or:cominercial
coveroge maintained,li)+City shall hot:-be.called upon to contribute to loss.
-recovery. {
1
40.3.9 While this agreement is.in effect, Vendor shall report,in a timely manner,
to•the Purchasing Department any known loss oceurrence:that could give
rise.to a liability claim or lawsuit or which could result.in a property loss.
4.0 x.1:0 Vendor's liability shall not be Einited to the specified amounts of
insurance.tequired'her6o.:
Sole Sourte Agreefnent—Hori2on Technology Inc.
:14
Revised 4,15,1$tg
- I
I
f
' + E
P.O.No
SS No. :SS18-00420875 j
VERIFICATION OF SIGNATURE AUTHORITY
i
HORIZON TECHNOLOGY INC
16 NORTHWESTERN DR
SALEM,NI-I 03079-4810
1
Vendor hereby agrees:to provide City with independent audit basic financial statements; but also the fair
presentation of the financial statements of individual funds:
I
f
Execution of this Signature Verification Form ("Form")hereby certifies,that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement,aiirendnient or
change order on behalf of Vendor. Such binding.authority:has beengranted by proper order, resolution,
ordinance or other authorization of Vendor.City is fully entitled to rely on the warranty and representation
set forth in this Foran 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. City is
entitled to rely on any current executed Form Until it receives a revised Form that has been properly executed
by Vendor.
I. Name: Justine.Belmont
Position: Sales Adminstrator
afore..
2. Dame:
Position: ,
Signature
Signature of President/CEO/Managing Partner
Title: L Fo nate a 16 hQAlb
i
Sole Source Agreement-Horizon Technology Inc I
15
Revised 4.19.18cg
• •1
RQ.No i ,� :'j I
SS No.;'SS18-00420875
Exhibit B-Seller's Quote
I--I wi 7 Q�^� 16 Northwestern Drive
tEC na pgy
PH:603-893-3663 FAX:603-893-4994 Sales Quotation
Quote Number: 0034JDB
Date I t26f2018
City of Fort Worth
5000 MLK Freeway Quote Expires on: 7/25/2018
Fort Worth,TX 761.19 Phone:
Attn:Johnny Skelton 817-651-9414
Fax: 817-568-1216
FOB.Salem,NH Estimated Ship Dater 6-8 Weeks Terms: Net 30 Days From ShippinglhivelmiDate
Part Number Description Price 0 Extend
SPE•DEX 3100-AUTOMATED EXTRACTION SYSTEM
SPE-OEX 3100 SPE-DEX 3100 -Oil 8 Grease Fully Automated Extractor System: $32,832.00 1 532,83200
Extractor Three Place Extractor System-Extractor is Capable Of Using Either
47mm,50mm,of 90mm Disks.
(Automated Extractor System Handles EPA Method 1664A/3)
System Will Include;
1) Controller
2) Extractor
3) (3)x Disk Holder(Size to be Determined)
4) (3)x Flat Bottom Flask,24/40.Taper-250mL
5)'(3)x Adopter Clamps(Collection Vessel Mounting Clamp)
6) (3)x Cap Adapters for Sample Bottle(Size to be Determined)
7) (3)Three Sample-In Valves
8) 20 L Catboy Bottle for Waste Water Collection
9) '10 Feet Solvent Exhaust Duct Hose
10) On-Site Installation and Training'Included
("Stader Kit of Consumables Included with System')
One Box of 47mm and 100mm Disks'PacIOC Premiun Disk'
One Box at 47mm and 911mm`Pawe Pre.Filters`
One Box of'Watertraps'
One Kit of'011 Grease Standards'
One Kit of•Oil 3 Grease snip 8 Pout Standards"
3100 SOLVENT DELIVERY KIT
50-2818-01 Solvent Delivey System for 3100 $906.00 2 31,81200
Consist of One 5 L Stainless Steel Canister with Proper Fittings;
No Lines
'(One Canister Pee Sotvent- TWORequirdd)'
COLLECTION VESSEL(S)
03-2693 Separatory Funnel,24140 Tapper-125mt(Applicable wlGreen Clip) $221.00 3 $663:00
PART OF SYSTEM PACKAGE
(3)Dfsk Holders)-Below i
`A-0810-01 Easy Grip Disk HoiderMftm(10001300013100) $0.00 3 S0.00
PART OF SYSTEM PACKAGE
(3)Cap.Adapter(s)-For Sample Bottle-Below f
150-0006-01 89 x 400 Cap Adapter for 1 L Bottle $0.00 3 $0.00
VACUUM PUMP [
50-24.80-01 Vacuum Pump Kit(120V)-.' 51.351.00 7 51;351.00
Vacuum Pump w!(NON-Explosion Proof Motot)an Regulator
'Vacuum Pump required:fornon-tlammoble solvents should be a dual
diaphram design,with the following specifications:
Maximum Vacuum level: -25 inches of Hg
Subtotal $36,668.00
S
Sale Source Agreement—Horizon Techtjology Inc
16 i
Revised 4.19.18cg
r ;
P.O.No. _
SS No.:SS18-00420875
I
Part Number Description Price Oty Extend
M�,•�,MM/VM.Vh---------NNMM tM'
60 Buy Back Program Value ($2.160.00) 1 ($2,160.00)
Buy Back of 3000XL Extractors)&Controller(s)
Extractor(s)Serial Number.06.2036
Fxtrador(s)Serial Number.W2050
Cori6ollerSerial Number.09.1289
Controller Serial Number,09,1290
t
Subtotal wll3iscount 834,498.00
10 Estimated.Shipping and Handling(UPS Ground Shipment) $250:00 1 $250-00
Quotation Grand Total $34,748.00
•'1,.1r.r,V.,MMMNNMM!bh,VMMh,�vh/h MM.VMh!VMMh
Horizon Technology ortera a complete line or on&Grease supplies,i.e.,8PE disks,
standards,and filters,for.EPA Method1664AtB.when SPE supplies are purchased
directly from Horizon,and utilized with The SPE.DEx:Automated Extraction
System,Horizonwlll provide additional technical support to ensure thatyou meet or exceed
the performance criteria for EPA Method 16601B.
DISCLAIMER
When SPE disks,and supplies are purchased trains vendotldistribulor other than
Horizon,the quality,accuracy and performance of those products can not be
guaranteed by Horizon.Horizon Technology wilipol be responsible for provicling E
technical support for products that are not purchased from Horizon. Horizon
TeChnofogy's responsibility Is Rmfted to the SPE-DEXExtractor-System,
exclusively,
hhhhM�++rtiw.Mhh�I„+VhMhM hMMM,�„y,�,hhh�,
Michael Unzel
Re Nonan Sales Manner-South
HORIZON TECHNOLOGY INC.
16 Northwestern Drive•Salem,NH 03079
Mobile:603-401-0463
Fax: 603-893-4994
Email: mlinzel@horizontechinc.corn
----------- ---------
hMNh M
OPTIONS OFFERED
(ITEM(S)BELOW ARE NOT INCLUDED IN SSS TOTAL)
On-Site Service Agreement
ement
99-0922.3100 Onsite Service Contradfbc SPE-0EX 3100 Extractor Per Unil(Year $8;130.00
Coverage Below. i
1.PwMe mpair se,&e at the asbmu site for;nteumenl(s)coveted i
by this'ayeamenk pfd ae kamrrik is at the(acarian,
speufied an this aw"Me t.. E
2,I'mida the following wWat the tem of the A9te rmm at no
add:t W charge_du*Ire cperind efkctive dales on his I
ayreemmt
a)Response for 2 arnual an-sih vkib:
L fto48lowaJet mmutztimand tchedu6ne One Rou5ee Pmwnfwe iderdeninte to be sdWuled two
(2)week in.adre",inrh*v evaluation.and testing to
(adory W-firae-A ... _
E Ona Emeger4y vchto be pedarmed one(1)week from
roi NIINiooandedsaddJFW4
iv.Repbce.ment of pam deemed namsery,by a Hotiaon
-TWiob/yRopmestadveand, i
b.)T-,4hom Tedv eai$uppon by a Horizon Techwlogr {
Repteaanbt i e and;
0 Novide twd iKtr=*M it iq,ch"e when repair at Factory
Service Center k mcassary.
3.Pay freight dwaige(standard UPS grog!)far shipment of
Atdn mut and teplatxmerdpads ben Fact"SeryR*Corot-
include
areridude navel tkw and C"L
i Rader invoice upon kcrpt of a served copyo(this agreemenL
NOTE WE OM gr1FSERVXEAGREEMENT,dircoair appfiee Id a9nrm vrtaParelrased rdb now
syrrems:Addk wsl fears 4(Sar'rkaAg owwt ioycfw can airs be purdwsod d phi's time:
Preaee note thae tha IS"vire Ajrrmm et coyeraga iw anccave upon comp"."allhe Furl
1
i
Sole Source agreement—Horizon Technology Inc
17
Revised4.19.18cg
I
II
i
P.O.No f a'
SS No. :SS18-00420875
Part Number Description Price oty. Extend
Standard Yea/tiYarAv1y Caveiaga rhe purchase ufe eewf a A,groement a!d give ad am0000 i
?ndym afeaw ogt
i
Factory Service Agreementfal
WOT88.3100 Factory Service Contract for SPE-DEX 3100 Extractor Per UnitlYear $4;597.00
99.0788-31000 Factory Service Contract for SPE•DEX 3100 Controller Per UwVYear $667.00
Coverage Below:
1:NO"repairsanrtca at the Horizon TecMo"y favol kr
*46umerdl5)cured by Ods agreement,provided the
hs"tent is at flue soeatlon,specfhed on Ris agreement.
2:Provide the(odor"underetq Mohs of the Sondes
Agreement:
A.)Facbry Npair and act4tment dying apecmed elfecEve
dales,,al rte additional charge,
Replacement ''.
b.) or parts deemed neci ssary ty;a Horizon
Tecfuw00,Represart4 reandr
C) lesfaeabcatorwnordsaftareatfineofrepair.
d.) TekphoneSupparlbyFloetnMTedtnftApplratIM i3
and Gerota Support Spedetfsb. }
e.1 Provide barter Worm ent when repair at Factory
serAw Coater is neoss"7r
i WA pay"Itt charge(slandard UPS ground)br return of
the system to customer.
J R640indoi®upon re®tpt of a signed copy of)hb
agreement
MOrE-TFIEFAL7{)RY SffIIACFArir2cfN£/✓r•dlscoanlapF9n fo agreamentr purchases rRA
naw eyafarae:-AdddMnafYrrxsal8enaee rlyronvsent cyvardge�irabd De pwrha!ed of M1s 841eo, _
Pfeaa9Aefe loaf the Sarv+ce Agreeurerr!coverage h attectivs uport campfaMun dt lha FrnF
31mdWd YW NMrlartfy CnvASge.nrepurceasaal'a$&vreeAgreaneusillgNai+addtiffmd
fid jaar o1 covefaja
d
Thank you for considering our company. Weare pleased
to submit the following quotation,subject to the Terms
and Conditions of Sale on the reverse side hereof. Total $34,748.00
Payment Terms;
Net 30 Days From Shipping/Invoice Date VERY TRULY YOUR%.
MasterCard/Visa accepted; 1 112%o per month finance
charge for payment after 30 day
Shipping Terms are Pre=Paid and Add eY—
� i
Sole Source AgreOrnent—Horiion Technology Inc
18'
Revised 4,19.•18cg
1
{
��.. .
P.O.N'o..: 11_1 �>�.�
SS No. :SS18-00420875
Horizon i6Novt%yostem Drive
technology Silem,NH03079Sales Quotation
PH:603-893-3663 FAX:603-893-4994
Quote Ntithber. 0035JDB
City of Fort Worth Date 1/2612018.
5000 MILK Freeway Quote Expires oris 7/1512019
Fort Worth,TX 75119 Phone: 817.551.9414
Attn:Johnny Skeltoh
Fait 817-568&1216
i
FOB:.Salem,NH €
Esdmated Ship Date:8-'8 4Vapks Terms::Not 30 Days Flom l3lapping8mrglce Dau.
Part Number Description Price. O Extend
SPEED VAP IV EVAPORATOR SYSTEM
200-1000-04 Speed-Vap IVEveporetorSystem('120V)-.Includes; $4,275.00 2 $8,550.00
(1)Dry Trap
0)One Locator Rack "(SEE BELOW
p {
(Requires 2.0 SCFM 8 60psi,Fiflered'Cornpressed Air {
Source-Customer Supplied)
26-0300 Power Cord $0-00 2 $0-00
PART.OF SYSTEM PACKAGE !
(1)Locator Rack,-.Below 1
01-028403 Locator Reck for s.Sampier105mm AJlsnmum Pau is Speed Yap IIUIV $0.00 2 $$0.00 i
PART OF SYSTEM PACKAGE
{1)Box of Aluminum Weighing Pans)=Below
50-002-02-HT 1051r mA25mi 0113 Grease Aluminum Weighing Pans(1001Box) $0_00 S0_00 S
Subtotal $8,550.00
w.yw,.ry.yryryryM.Y�,IAI'�i.-IMHiNA,NnrnrMlrM
60 Buy Back.Program Valuessi d0.00) 1 5540.00 f
Buy Back of SoeedVao f
SpeeclVapSerial Number.05-0294
i
----------------------
Subtotal
NNNMM------A.IVA.-NA.—Yy—Subtotal w/Dlscount $8,010.00
'10 Estimated Shipping and Handling(UPS Ground Shipment) $75:00 1 $7&00
Quotation Grand Total $8,085.00
.M/�tiN.V Mh.Nw�!v!bw,.�rwr!rivwrwr�r/ViVMArNM�4wrNwv
H0H20n Technology otreis awmplate tine of dl 6 Oreasa eappllee;l.s„9PE duNe,standards,
and fillers,far EPA Wthod 166".WhenSk supplies are purchased dlrully tom Horhan,
and utilized with the 8PE•DEX Automated t 1baction 3lnlem,Horizon Will provide addidonar
lechnlcal support to ensure thatyou meal or axcoed the performance criterla rorEPA Mpthed
1661A1e.
DISCLAIMER
When SPE disks,and supplies aro purchased ham a vandorAHettlWor other then Harlon;the
oua6ly,accuracy and performance of those products can not beguarsntsed by Horizon.Horizon
Technology will not ba responsible for providing techclal support fpr products that are not
purchased hom Hatton.Hotlzon Technology's resp inslbl8ty is imtted to the SPE-0EX Extractot
S�!SN111:�idYahely. .. . .
��NV44NtihM1r!Vr/„NN!VN•V�rAF.VM4!b�rNr.^r!�r,!n!Vi
Michael Linzel {
Regional Sales Manager-South s
HORIZON TECHNOLOGY,INC.
18 Northwestern Drive•SalernAH 03079
Mobile:003404-0461;
Fax; _063 00.4694:
Email: mornroiehorizontatchIno coin i
ti.:•ww�w.rwv�«r�wn...-�.
IE
1
Sb,ke.Source:A —Hori2on Technnl.,ogy.Int
19
Revised 4.19.18ce
P.O. No �f
i
SS No. :SS18-00420875
Part.Number Description Price qty. Extend
OPTIONS OFOT
FERED
(ITEM(S)BELOW ARE NINCLUDED IN SSS TOTAL)
Factory Service Aareernentlal
99 07WVAP Factory ServiuvC6 tract for Speed Vap 111. IV Per UnWYear $52950
Covemge,Below.
L.Provide n wk sawce at pie Hw mn Togtrnlogy factory for
Insaumeru)s)ed"red by ms sgraernerd,pror)ded pre
Islrwbnt Is at pm loadm.spedped on M agreemerd
2,P"the pdroNyrgunder the telowor the.3"Ce
" Agreaiitent:
a.)Factory repair and adp tmerifdudng spetlded enecdve i
dales,at no adMonal charge
D.)Replacemeat of path doomed nacassaiy by a Hokon
T46wo9y Represenladye Yid;
c.) Iml admi of WowsoRuareat ame of repair,
d.).Telephone support by Horimh Tedwaft ft Appkaboe
and Seryke Supped SpecWsls,
4.)..Ptavido tenet visCueianl WWW repay at TJc$wy
ServkeCerderq necessary.:
3.W11 pay he"drarge{standard UPS ground)ror retain of
Me q'stem to 060omer. I
d.Render Invoke qm waipt.or a signed copy of mis
egf92monl
ROM 0X FACTGRYSEHVZEAGRCEMENT.discount applles loogramoug purchased*M 1
aaarlysr�ms.AG.�iliondYaa�sal'Se+rkeA9+d�twraagaarratsopeAvrcAmedattblrtime.
Please note lhatme Sawke Agreement coreragp b ipftHwo Wn compWAm or we Rrdt
,&andarlYm IYarrantyCavbage.fAapurclrondo/aSarrkpAgleanaiifWNglveanaCOltArnaf
27dyeoroycaywagn.
G
t
f
Thank you for considering our company. We are pleased
to submit the following quotation,subject to the Terms
and Conditions of Sale on the reverse side hereof. Total $8,085.00
Payment Terms:
Net 30 bays From Shipping/Invoice Date yeRYTRULYYOURS,
MasterCard 1 Visa accepted; 1112%per month finance I
charge for payment after 30 day
Shipping Terms are Pre-Paid and Add eY � '..y
1i
i
i
Sole.Source Agreement—"Horizon Technology Inc
20 1
Revised 4.19.18cg
j
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P.O.No. —
55 No. :5518-00420875
Exhibit C Seller's Sole Source Justification Letter
Horizon
-technology i
March OBJ,20'18
Patty Stanley
City of Fort Worth Water and WaBtewater Central Laboratory I
2600 SE Loop 820
Fort Worth,TX 76,140
Dear Patty,
This letter is to provide notification that Horizon Technology Inc.is the original equipment
Manufacturer and the sole provider of product listed below.Horizon Technology Inc.is the sole provider of
various consumables,accessories,and service components,and repair for this product.
SPE-DEX®1000XL Extractor System
SPE-DEXO 3000XL Extractor.System
SPE-DEXQD 3100X Extractor System
SPE-DEX®4790 Extractor System
SPE-DEX®5000 Extractor System
Envision'"Platform Controller
XcelVap®Concentration/Evaporation System
SmartPreoe Extractor
SmartPrep 11-0 Extractor
-DryVapO Concentrator System
Reclalmerl"SRS Recovery
Speed-Vap""Ill Evaporator System
Speed-Vap(ID IV Evaporator System
Solvent Trap""Recovery System
Pacific"'O&G Disks
Pacific'"'Fast Flow Pre-Fllters
Pacific Premium*m O&G Disks
Pacific Premium""Fast Flow Pre-Filters
Atlantic""SPE Disk
Atlantic'" Fast Flow Pre-Filters
Carbon Max-DT"'Cartridges
On-Site and Factory Service Agreements
The intellectual properties of Horizon Technology Inc_include various copyright,
trademark and patents for these products.
I
Sincerely,
�d. '�-f �-C.0 r► I
Justine Belmont
Inside Sales Administrator
Sole Source Agreement—Horizon Technology tins j
21
Revised 4A9.,18cg
i
. I
P.O.No ;�i , 2i
SS No SS18-00420875
Exhibit D—Sole Source Procurement Justification
oRT�o�x
w m
wffrw � a
Purchasing Division
City of Fort Worth
SOLE SOURCE PROCUREMENT.JUSTIFICATION
Purpose
This form,mustaccompany all sole source purchase requests forpquipment,.construction,supplies or services
when the purchase is for more than$3,000.00. This form"Is not needed when the purchase Is for a professional
services contract The purpose of the sole source procurement justification Is todemonstrate thatthe competitive
process isnot required because only one product or service can meet thespecific need of the City of Fort Worth
("City'). A sote.sourae procurement may not be used to circumvent the City 's normel.purchasing procedures or
for a price-based justification, Acceptance of the sole sourceprocurement justification Is at the.discretion of the
Purchasing Division Manager or his designee.
Certification
My signature below certifies that I am aware that state and federal procurement statutes and regulations require
that procurements of a certain amount made by government entities must be competitively bid unless the
purchase qualifies as an exemption to the competitive bidding requirements. I.am requesting this sole source
procurement based on the Information provided In the Justification section below..The Information Is complete,
accurate and based on my professional judgment and Investigations. i also certify that this purchase will not
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violate Section 2-238 of the City's Ethics Code.
Requesting Department: _Water[Centralized Laboratory)
Requested by[printed name]: _DavWN I
Signature:
Recommended by[printed name]: _Chris Harder
Department Director
Signature:
Telephone number: _[8171392-5020
bate: /r /2018
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Sole Source Ptocurainant Justification
Pose l of Roo.122014
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Sole Source Agreement—Horizon Technology Inc
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Revised 4.1.9.1889 {
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SS No. SS18-00420875
Justificatlon
1, describe the product(s)or service(s)your department wishes to purchase—provide vendor name,
manufacturer,.model number and/or generic descriptlon identifying the'ftem(s)or service(s).
Vendor Name: Horizon Technology4
system Description 11
SPE-DIJ(3t00-OU&Grease FrltlyAutomated Extractor System:
Three Place.Extractor System=Extractor to Capable Of Using Either 47mm,90mm,or 90mm Disk9-
Automated Extractor System Handles EPA Method i664A/B
System Nil Include
Pat Number; 1. Conttoilor
SP&DEX 3100 2. Extractor
Extractor 3. (3)x Disk Holder(Size to be Deiermfned)
SPE-DEX 3100- 4' (3)x Flat Bottom Flask,24/40 Toper-25omL
AUTOMATED 5. (3)x Adapter Clamps(Collection Vessel Mounting Clamp)
EXTRACTION 6. .(3)x Cap Adapters for Sample Bottle(Size to be Determined) 1
SYSTEM 7. (3)Three Sample4r;Valves I
a, 20 L Carboy Bottle for Waste Water Collection l
9. 10 Feet Solvent Exhaust Duct Hose
10. Onsite Installation and Training
Starter Kll of Conaumables included with System:.One Box of 47mm and 100mm Disks;Pacific
Premium Disk;.one Box of 47mm and 90mm;Pacific Pre Filters;One Box of Water traps;One Kit of Oil
Grease Standards,•One Kit of Oil A Grease Snip 8 Pour Standards
3100 SOLVENT DELIVERY Kir
Part Number. 502818.01 Solvent Delivery System for 3100
60-2818-01 Consist of: One 5 L Slafniess Steel Canister with Proper Flogs, No Lines
'(Ona Canister Per Solvent-Two Required)*
Part Number. Collection Vesaets
03-2693 sevaratory Funnel 24140 Taper-125m1(Applicable w/Green Cli
Part Number: (3)Olak Holder(s)-Below
W-0810-01 60-081001 Easy Grip Disk Holder/90mm 1000/3000/3100
Part Number: PART OF SYSTEM.PACKAGE,
150-OODS-01 (3).Cap Ade ler s -For Sample Bottle-Below 180 x 400 Cap Adapter for 1 L Bolus
Part Number; VACUUM PUMP: Vacuum Pump KIt(12": Vacuum Pump w/(NDN-Explosion Proof Motor)and
60 2480 01 Regulator,Vacuum Pump requited for non-Uammable solvents should be a dual diaphragm design,
with the following s ecMcations: Maximum Vacuum level:-25 inches of H
Buy Back Program Buy Back of 3000XL Extractor(a)8 ConVpller(s)
ValueExtractor(s)Serial Number:064036;Exiractor(s)Serial Number,08-2060;Controller Serial Number: )
.09-1289-,Con Iler Serial Number.094290 1
On-Site Service Contract for.SPE-DEX 3100 Extractor Per jJnIVYear$6,130.00
Goverms:
1 Provide repair service at the customer alto for inelrument(s)covered by"agreemant,
provided the instrument is at the location,specl8ed on this agreement.
2. Provide the following under lire terms of the Agreement at no Additionalcharge,during the
specified effective dates on this agreement:
a.) Response fort annual on-sitd vlaits:
I;. Within 48 hours for consultation and scheduling
Part Number. 11. One Routine Preventive Maintenance to be.scheduled two(2)weeks
99-0922-WOO in advance,Including evaluation and testingly factoryspeclficaliona
On-Sile-Service ill, One Emergency.vislt to be performed one(1)week from consultation
Agreement and scheduling
Iu. Replacement`of parts deemed'necessary by a Horizon Technology
Representative and;
b.) Telephone Technical Support by aHorizon Technology Representative and;
c.) Provide rental instrument at no charge when repair at Factory Service'Center is
necessary. I
3. Pay freight charge(standard UPS ground)for shipment of instruments and replacement'parts
from Factory Service,Center.
4. Include travel time and cost.
Sole Source Procurement Justification
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Sole Source Agreement-Horizon Technology Inc
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'Justification
1, Describe the product(s)or service(s)your department wishes to purchase—provide vendorname,
manufacturer,model number and/or generic description identifying the items).or service(s).
Vendvr Name:
Horizon Technology
System" Description 1
SPEED VAP IV EVAPORATOR SYSTEM
200-1000-04 Speed-Vap IV Evaporator System(120V),includes:
(1)Dry Trap
Pari Number. (1)One Locator Rack*(SEE BELOW)"
200-1000-04 (Requires 2.0 SCFM&60ps1,Filtered Compressed Air Source-Customer Supplied)
28-0300 Power Cord
01-0284-03 PART OF SYSTEM PACKAGE
50-002-02•HT (1)Locator Rack-Bebw i
Locator Rack fors Samples-105mm Aluminum Pans.for Speed-Vap lilllV
PART OF SYSTEM PACKAGE
(1)6ox.of Aluminum Weighing Ran(s)—Belovr 106mml125ml Oil&Grease:Atuminum
Wet hin Pans 100/Box
Buy Back Program Buy.Back of SpeedVap
Value Speedyap Serial Number,05-0294
Coverage:
1. Provide repair service at the Horizon Technologyfactory forinstrument(s)covered
by this agreement,provided the instrument is at the_tocation;specified on this
agreement
2 Provide the following under the terms of the Service Agreement:
Part Number: a.)Factory repair and adjustment during specified effective dates,at no additional
99-0788-VAP charge,
Factory Service b.)Replacement of parts deemed necessary by a Horizon Technology
Contract Representative and;
c.)Installation of current software at time of repair,
d.)Telephone support by Horizon Technology Application and Service Support.
Specialists,
e.)Provide loanerinsif umentwhen repair at Factory Service Center Is necessary,
3. Pay freight charge(standard UPS ground)for shipment of Instruments and
replacement, arts from Factory Service Center.
2. Purpose—provide a brief description of why the product(s)or service(s)is required.
The aquipment is required to support various projects for Storm Water,Wastewater and industry Water as
part of the Pretreatment Services Division"aka PSD"and TPW Storm Water related to the TCEQ Village
Creek Permit. i
3. Describe your effortsto identify other vendors--trade shows, Internet search,vendor catalogues. Provide
product and contact information for other products,services and vendors evaluated. (A quote is not required,
strnply.enough'.lrrformation to show the 8vallablIitylnon-availability of other sources.)
Fox Scientific does not provide this equipment
Horizon Technology is the original equipment manufacturer and the sole source provider of the SPEED-
VAP iV Extractor System that is compliant with EPAIS64 method protocols and requirements. The
intellectual properties of Horizon Technology Include various copyright,trademark and patents for these
products:
Bole Source Procurement Justification
Page 2 of 3 Rev.122014
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Sole Source Agreement—Horizon Technology Inc
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Revised 4.19.18cg
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SS No. :SS18-00420875
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2. Purpose–provide a brief description of why the product(s)or,services)Is.required,
The equipment is required to support various projects for Storm Water,,Wastewater.and Industry Water as
part of the Pretreatment Services Division"aka PSD"and TPW Storm Water related to the TCEQ Village
Creek Permit.
3. Describe your efforts to identify other vendors-trade shows, Internet search, vendor catalogues: provide
product and contact lnformation for other.products,services and vendors evaluated. (Aquote is not required,
simply enough Information to show the availability/non-avaliability of other sources.)
Fox Scientific does not provide this equipment:
Horizon Technology is:the original equipment manufacturer and the sole source provider of the SPE-DEX
3100XL Extractor that is compliant with EPA1664 method protocols and requirements. The intellectual
properties of Horizon Technology include various'copyright,trademark and patents for these products:
4. Justification:
a, identify the reasons)why other vendors,products,or services competing in this market do not meet the
City's needs or specifications:
–X— The product(s)or services)is available from only one source because of patents,copyrights,secret
processes,or natural monopolles.
The prodUct(s)is a captive replacement part(s)or component(s)for existing equipment.
The dollar value of the existing equipment is approximately$
Use of other than Original Equipment Manufacturer parts.'jeopardizes the warranty or may result in
equipment not functioning to the level of factory.specifications.
X Authorized factory service Is avallabie from only one source.
X Maintenance for the existing product is only available from one source.
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b. Attach justification letter from the manufacturer or originator of the product or service.
Document is attached.
5. Will this purchase limit the ability of other vendors to compete on future purchases for supplies,upgrades,or
replacements? If so,how?
Yes,Horizon Technology is the original equipment manufacturer and the sole source provider of the SPE-
DEX 3100X1,Extractor: The intellectual properties of Horizon Technology include various copyright, i
trademark and patents for these products. I
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6. Will this purchase obligate the City to future purchases,for example,maintenance or license(s)?If so,what
future purchases will be required? I
Yea,maintenance agreement and supplies;
7. What will happen if the City does not purchase the requested product(s)or service(s)from Ibis Vendor?
The Pretreatment Services Division"aka PSD"and.TPW Storm Water Permit requirements for Village.
Creek will not be'supported.
Sola Source Procurement Juadrintion
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Pu chasing DI isiC mments:
�c Gvl�0 t't Mev (� Z,r raec c
PC-9" L a -
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Buyer!Senior 6uyerlSupervisor: Date: �0 • 'fid
Approval
PURCHASING DIVISION:
Sole Source Procurement approved Yes No
Signature of Purchasing Division Manager, G
Printed Name: t),, C*t'111rN.
Date: ` Zu
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1 h tq,ViMen S 24 lvir` J N yNNJOt' vur)6q dyp Pcr} !Gj rf 7k2
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Sole Source Procurement Justification
Page 4 of A` Rev.1=014.
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Sale Source Agreement--Horizon Technology Inc
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55 No, :5S18-00420875
Exhibit.E-CONFLICT OF INTEREST QUESTIONNAIRE
Pursuant to Chapter 176 of.the Local Goyernrnnq t 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
Questiofinhire Form C1Q (".Questionnaire') the person's affiliation or business relationship
:that .might cause a_conflict of interest,with the local governmental :entity. 13y tow;.the
Questionnaire must be filed with the Fort North City Secretary no later.than seven days
after the date:the person begins contract discussions:or riegoti'ations with the City,or submits
an.applicado orresponse to a request for proposals. or bids, correspondence, or another i
Writing related to a potential agreement with the City.Updated Questionnaires musibe-filed
in conformance with Chapter'176.
A copy of the Questionnaire Form CLQ is enclosed with the submittal documents.The
form is also available at htta://wtvw.ethics.state.tx.usffornis/Ctg.Rdf.
If you have any questions about compliance,please:consultyour own legal counsel.
Compliance is the individual responsibility•o#reach person,or agent of a person who.is
subject to the filing requirement. An offense uhder Chapter 1.76 is a Class C inisdemeanor.
NOTE; If you are.not aware.of.a.Conflict of Interest:in Any business!relationship �
that you might have with the City,state Vendor 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. I
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5ole,5ourte;;Agreemeht;—Hariion Technology In
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Revised 4.19a8cg
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SS`No. :SS18-00420875
CONFLICT OF INTEREST QUESTIONNAIRE FORM CiO
For vendor doing business with local governmental entity {
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This questionnaire reflects changes made to the taw by H.B. 29,84th tog,Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code, paW Recs"t5d
by Vend orwho has sa business relationship as defined by Section 176,001(1-a)with a local
governmental entity and the vendor meets requirements under Section'176.006(a),
By law this questionnaire must be filedwiith lherecords administrator of the local govenunonfal
entity not later than the 7th business day afterihe date the vendor becomes aware of facts
that require the slatement to be filed. See Section 176-006(.1-1),Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local
Govemment God9.An offense under this sectiorris a misdemeanor.
Mame of vendor who has a business relationship w.tth local govprnnaantat entity.
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Check this box if you are filing an update to a provlousty filed questiontaalro,
(The law requires that you file an updated completed'questionnaire with.the appropriate filing authority not
later than the 7th business day after the date on which you became aware fiat tufa oi4nalty fled questionnaire was
incomplete or inaccurate)
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Name of local government officer about whom the information In this Section is being disclosed.
Name of Officer
This section(item 3 including subparts A.8, C.R D) must be cornplefed for each officer with whom the vendor has an
employment or other business relationship as defined by Section'176Mi(1-a),Local Government Code. Attach additional
pages to this Form CIO as necessary.
A. is the tocaf government officer named in this section receiving or likely to receive tastable income,other than investment
income,from the vendor? i
Yes. F-1 No
B. Is the vendor rec&ing or likely to recelve taxable income,other than Investment income,from oral the direction of[lie iocaf
govemment officer named in this section AND the taxable income is not received from the local governmental entity?
lJ Yes r No
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C. is the filer of this questionnaire employed by a corporation or other business entity with respect to%which the local
government officer serves as an officer or director,or holds an ownership interest of one percent or more?
Yes F]No
D. Describe each employment or business and family relationship with the local government officer named in this section.
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A -
Justine Belmont I April 26,2018
Signature of vendor taisiness with Z governmental entity Date
Adopted 817,'2015
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Sole Source Agreement Horizon Techn,alogy Inc
28 ILII
Revised 4.19.18cg