HomeMy WebLinkAboutContract 54472 CSC No.54472
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FORTWORTH'.
CITY OF FORT WORTH
SOLE SOURCE PURCHASE VENDOR AGREEMENT
This Sole Source Purchase Agreement("Agreement") is entered into by and between 13iola�c,I.LC("Seller")
and the City of Fort Worth,("Buyer"),a Texas home rule municipal corporation.
The Sole Source Purchase Agreement includes the following documents whicli shall be construed in the order of
precedence in which they are listed:
l. Sole Source Purchase Agreement
2. Exhibit A Terms and Conditions
3. Exhibit B Conflict of Interest Questionnaire
4. Exhibit C Vendor Contact Information
5. Exhibit D Verification of Signature Authority
6. Exhibit E Specifications for SPE-DEX 5000
7. Exhibit F Sole Source Procurement Justification
8, Exhibit G Seller's Quote
9, Exhibit H Seller's Sole Source Justification Letter
Exhibits A,B,C, D,E, F and G,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$105,000.
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
representative to be effective as of the date signed below.
Vendor Name: Biota e,LL
Authorized Signature: ,-�
Printed Name: Eb Rau
Title: CFO
Date: —
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Name: City of Fort Worth
Authorized Signature:
Printed Name:
Title:
Date:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Ii
CSC No, 54472
ACCEPTED AND AGREED;
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
Daw L4z( hdoAc administration of this contract, including
By: Dana Burghdoff 5ep9,202012:43CDT) ensuring all performance and reporting
Name: Dana Burghdoff requirements,
Title: Assistant City Manager
By:
APPROVAL RECOMMENDED: Name:Patricia Stan ey '
Title: Management Analyst II
CGI�/J�DUGl2� G�2� APPROVED AS TO FORM AND
13y: Christopher H rder(Aug28,202016:41CDT) LEGALITY:
Name: Chris Harder,PE
Title: Water Director po44pR
o'0�� �°�oao C�tyr R. Lcez-Re�i�wCr7�
ATTEST pj o° oo.Ad� B,,. Christa R.Lopez-Reynold (Sep 9,2020 :42 CDT)
0vo o=A Name; Christa R. Lopez-Reynolds
0�*, o*a
2 � Title; Senior Assistant City Attorney
4>1
By. CONTRACT AUTHOR,II ATION:
Name: Mary Kayser M&C: D�DJ� e
Title: City Secretary Date Approved:
Form 1295 Certification No.
Btotage, LLC
By,
Name: Eb Rau
Title: CFO
OFFICIAL RECORD
Sole Source Agreement CITY SECRETARY
FT. WORTH, TX
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Exhibit A
CITY OF FORT WORTH,TEXAS STANDARD
PURCHASING TERMS AND CONDITIONS
I. DEFINITION OF BUYER
The City of Fort Worth, its officers,agents,servants, authorized employees,vendors and sub vendors who act
on behalf of various City departments, bodies or agencies.
2. DEFINITION OF BUYER
The consultant,Vendor(s),supplier,Vendor(s)or other provider of goods and/or services, its officers,agents,
servants, employees,vendors and sub vendors who act on behalf of the entity under a contract with the City
of Fort Worth.
3. TERM
3.1 This is for a one-time purchase for the items listed in Exhibit G.
4. PUBLIC INFORMATION
Any information submitted to the City of Foil Worth(the"City")may be requested by a member of the public
under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002, 552.128(c)(West Supp.
2006). If the City receives a request for aSeller's proprietary information,the Seller listed in the request will
be notified and given an opportunity to make arguments to the Texas Attorney General's Office(the"AG")
regarding reasons the Seller believes that its information may not lawfully be released.If Seller does not make
arguments or the AG rejects the arguments Seller makes,Seller's information will be released without penalty
to the City.
5. 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 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 there by 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. ORDERS
6.1 No employees of the Buyer or its officers, agents,servants,vendors or sub vendors who act on behalf of
various City departments, bodies or agencies are authorizedto 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 TexasLocal
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.
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7. SELLER TO PACKAGE GOODS
Seller will package goods in accordance with good commercial practice,Each shipping container,shall be
clearly and permanently marked as follows: (a) Seller's name and address: (b)Consignee's name,address and
purchase order or purchase change ordernumber;(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 anyapplicable specifications.Buyer's count or weight
shall be final and conclusive on shipments not accompanied by packing lists.
8. SHIPMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a
tender of goods.
9. TITLE AND RISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes
possession of the goods at the point or points of delivery after inspection andacceptance of the goods.
10. DELIVERY TERMS 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 amount 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. PLACE OF DELIVERY
The place of delivery shall be set forth in the "Ship to"block of the purchase order, purchase change order, or
release order.
12. RIGHT OF INSPECTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be
responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the
specifications.
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13. 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 put-chase 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 orderentitled "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.
13.3 Payment. All payment terms shall be"Net 30 Days"unless otherwise agreed to in writing.Before the
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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. 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 of
purchase. hr the eventSeller breaches this warranty,the prices of the items shall be reduced to the prices
contained in Seller's proposals, or in the alternative upon Buyer's option,Buyer shall have the right to
cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such
remedies are in 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 saidpurchase(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. PRODUCT WARRANTY
Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this
contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's
specifications, drawings and descriptions listed in the proposal invitation,and the sample(s)furnished by
Seller, if any.In the event of a conflict between Buyer's specifications,drawings,and descriptions, Buyer's
specifications shall govern.
16. SAFETY WARRANTY
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S.
Department of Labor under the Occupational Safety and Health Act(OSHA)of 1970, as amended. In the
event the product does not conform to OSHA standards,Buyer may return the product for correction or
E replacement at Seller's expense. hr 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. SOFTWARE LICENSE TO SELLER
If this purchase is for the license of software products and/or services,and unlessotherwise 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 use or share this
software without permission of the Seller; however Buyer may make copies of the software expressly for
backup purposes.
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18. WARRANTY AGAINST INFRINGMENT 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 City for
infringement of any patent,copyright,trademark,service mark,trade secret,or other
intellectual property rights by the use of or supplying of any Deliverable(s)in the course of
performance or completion of,or in any way connected with providing the services,or the City's
continued use of the Deliverable(s)hereunder.
18.3 SELLER agrees to indemnify,defend,settle,or pay,at its own cost and expense,including the
payment of attorney's fees,any claim or action against the City for infringement of any patent,
copyright,trade mark,service mark,trade secret,or other intellectual property right arising
from City's use of the Deliverable(s),or any part thereof,in accordance with this Agreement,it
being understood that this agreement to indemnify,defend,settle or pay shall not apply if the
City modifies or misuses the Deliverable(s).So long as 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 timely written notice ofany 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 continue to use the Deliverable(s); or(b)modify the Deliverable(s)to make
them/it non-infringing,provided that such modification does not materially adversely
affect City's authorized use of the Deliverable(s); or(c)replace the Deliverable(s)with equally
suitable,compatible,and functionally equivalent non-infringing Deliverable(s)at no additional
charge to City; or(d)if none of the foregoing alternatives is reasonably available to 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.
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19. OWNERSHIP OF WORK PRODUCT
Neither party to this Agreement intends to transfer or sell any of its intellectual property rights under this
Agreement for the supply of commercial products and services.The partiesexpressly agree that Thermo
Fisher shall retain all right,title and interest in and to all intellectual property owned, controlled or developed
by it prior to and during Thermo Fisher's performanceunder this Agreement, including without limitation,the
intellectual property embodied in theproducts,services, instrumentation,the software included in its products
and instrumentation,and all documentation of Thermo Fisher that is useful for the operation of the products,
instrumentation or services provided hereunder("Thermo Fisher IP").The parties acknowledge and agree that
except as expressly stated in this Agreement the customer shall have the limited license to use the products
and/or services for its internal purposes only and no other licenses or other rights in orrelating to the Thermo
Fisher IP or their use, or under any patents or other intellectual propertyrights owned,controlled,or otherwise
held by either party or its affiliates are granted to the otherparty under this Agreement. In the event, either
party wishes to transfer intellectual property rights,such transfer shall be only become effective through a
separate written license agreement between the parties.
20. 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 theCity's Network Access Agreement prior to providing such services.A copy of the
City's standard Network Access Agreement can be provided upon request.
21. 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.
22. TERMINATION
The performance of work or purchase of goods under this order may be terminated inwhole or in part by
Buyer,with or without cause,with thirty(30)days' written"Notice of Termination"specifying the extent to
which performance of work or the goods to be purchased under the order is terminated and the date upon
which such terminationbecomes effective. Such right of termination is in addition to and not in lieu of any
other termination rights of Buyer as set forth herein.
23. ASSIGNMENUDELEGATION
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 requested 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.
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24. WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or
renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing
and is signed by the aggrieved party.
25. MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by both parties.
26. 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 inthis Agreement,the definition contained in the UCC shall control.In the event of aconflict
between the contract documents,the order of precedence shall be these Standard Terms and Conditions,and
the Seller's Quote.
27. APPLICABLE LAW/VENUE
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.
28. INDEPENDENT VENDOR1Sl
Seller shall operate hereunder as an independent Vendor(s)and not as an officer,agent, servant or employee
of Buyer. Seller shall have exclusive control of,and the exclusive right to control,the details of its
operations hereunder,and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, agents,employees,vendors and sub-vendors.The doctrine of respondent superior
shall not apply as between Buyer and Seller, its officers,agents,employees,vendors and sub vendors.
Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its
officers,agents,employees,vendors and sub vendors.
29. LIABILITY AND INDEMNIFICATION
29.1 LIABILITY-SELLER SHALL BE LIABLE AND RESPONSIBLE FORANY AND ALL
PROPERTY LOSS,PROPERTY DAMAGE AND/ORPERSONAL INJURY,INCLUDING
DEATH,TO ANY AND ALLPERSONS,OF ANY KIND OR CHARACTER,WHETHER
REAL OR ASSERTED,TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S)OR
OMISSION(S),MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER,ITS
OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
29.2 INDEMNIFICATION—SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMLESS AND DEFEND THE CITY(ALSO REFERRED TO AS BUYER),ITS
OFFICIERS,AGENTS,SERVANTS AND EMPLOYEES,FROM AND AGAINST ANY AND
ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER,WHETHER REAL OR
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ASSERTED,FOR EITIIER PROPERTY DAMAGE OR LOSS(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 OFFICIERS,AGENTS,SUBVENDOR[S],SERVANTS OR EMPLOYEES.
30. SEVERABILITY
in case any one or more of the provisions contained in this agreement shall for any reason,be held to be
invalid, illegal or unenforceable in any respect,such invalidity, illegality or unenforceability shall not affect
any other provision of this agreement,which agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
31. 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 fiords shall have been appropriated and budgeted or are otherwise available.
32. NOTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been
delivered three(3)business days following the day such notice is deposited in the United States mail, in a
sealed envelope with sufficient postage attached,addressed to Purchasing Manager, 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
United 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. NON-DISCRINIINATION
This contract is made and entered into with reference specifically to Chapter 17,Article III,Division 3
("Employment Practices"),of the City Code of the City of Fort Worth(1986), as amended,and Seller hereby
covenants and agrees that Seller,its employees, officers, agents,vendors or sub vendors,have fully complied
with all provisions of same and that no employee, participant,applicant,Vendor(s)or sub Vendor(s)lias been
discriminated against according to the terms of such Ordinance by Seller, its employees,officers,agents,
Vendor(s)or sub vendors herein.
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34. IMNIIGRATION NATIONALITY ACT
City actively supports the Immigration&Nationality Act(1NA)which includes provisions addressing
employment eligibility,employment verification,and nondiscrimination.Vendor shall verify the identity and
employment eligibility of allemployees who perform work under this Agreement.Vendor shall complete the
Employment Eligibility Verification Form(I-9),maintain photocopies 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 perform such services.Vendor shall provide City with a certification
letter that it has complied with the verification requirements required by this Agreement.Vendor shall
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indemnify City from any penalties or liabilities due toviolations of this provision.City shall have the right to
immediately terminate thisAgreement for violations of this provision by Vendor.
35. HEALTH,SAFETY AND ENVIRONMENTAL REQUIREMENTS
Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health,
safety, and the environmental laws, requirements,and standards. In addition,Seiler agrees to obtain and
pay, at its own expense,for all licenses,permits,certificates,and inspections necessary to provide the
products or to perform the services hereunder.Seller shall indemnify Buyer from any penalties or liabilities
due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for
violations of this provision by Seller.
36. RIGHT TO AUDIT
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 cost to Buyer, have access to and the right to
examine and copy any directly pertinentbooks,computer disks,digital files, documents, papers and records of
the Seller involving transactions relating to this contract, including any and all records maintained pursuant to
this Agreement. Seller agrees that the Buyer shall have access, during normal working hours,to all necessary
Seller facilities,and shall be provided adequate andappropriate 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.
37. 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 sub vendors 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 sub vendors. 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 orallegations asserted by third parties or sub vendors
against Buyer arising out of Seller's and/or its sub vendor's alleged failure to comply with the above-
referenced laws concerning disability discrimination in the performance of this agreement.
38. 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 afterdiscovering 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
n conference in person
through email mail hoe ,
notice,both parties shall make a good faith effort,either g ,p P
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 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.
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39. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,the City is
prohibited from entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it:(1)does not boycott Israel; and(2)will not boycott Israel during
the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those
terms in Section 808.001 of the Texas Government Code. By signing this contract, Seller certifies that
Seller's signature provides written verification to the City that Seller:(1)does not boycott Israel;and(2)will
not boycott Israel during the term of the contract.
40. INSURANCE REQUIREMENTS
40.1 Seller shall assume all risk and liability for accidents and damages that may occur 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 thecommencement 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 unless such 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
contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
40.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the
following limits:
$100,000 Each Accident
$500,000 Disease—Policy limit
$l 00,000 Disease—Each Employee This coverage may be written as follows:
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 for Employers' Liability of
$100,000 each accident/occurrence,
$500,000 bodily injury disease policy limit and
$l 00,000 per disease per employee.
40.2.2 Commercial General Liability Insurance including Ex losion,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:
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$1,000,000 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 its interests may appear(AT1MA).
40.3 ADDITIONAL INSURANCE REQUIREMENTS
40.3.1 The City, its officers,employees and servants shall be endorsed as an additional insured on
Vendor's insurance policies excepting employer's liability insurance coverage under Contractor's
workers' compensation insurance policy.
40.3.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be
received before Vendor can begin work. Failure to supply and maintain such insurance shall be a
breach of contract. Contractor shall provide complete copies of all insurance policies required by
this Agreement. Certificates of insurance must be supplied to:
Financial Management Services Department
Attention: Purchasing Division
200 Texas Street(Lower Level)
Fort Worth,Texas 76102
40.3.3 Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements specified herein.Each insurance policy shall be endorsed to
I provide the City a minimum 30 days' notice of cancellation,non-renewal,and/or material change in
policy terms or coverage. A ten(10)day notice shall be acceptable in the event of non-payment of
premium.
40.3.4 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 measure of financial 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
alternative coverage or risk treatmentmeasures 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 of the City.
40.3.7 City shall not be responsible for the direct payment of insurance premium costs for Vendor's
insurance.
40.3.8 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary
protection and any self-funded or commercial coverage maintained by City shall not be called upon
to contribute to loss recovery.
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40.3.9 While this agreement is in effect,Vendor shall report, in a timely manner,to the Purchasing
Department any known loss occurrence that could give rise to a liability claim or lawsuit or which
could result in a property loss.
40.3.10 Vendor's liability shall not be limited to the specified amounts of insurance required herein.
I
C
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Exhibit B—CONFLICT OF INTEREST QUESTIONNAIRE
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 pet-soil'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 City, or submits an application or response to a
request for proposals or bids, correspondence, or another writing related to a potential agreement with the
City.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 littp•//ws►:v.ethics.state.tx.uJforms/CIQ.pdf.
If you have any questions about compliance,please consult your own legal counsel. Compliance is the
individual responsibility of each pet-son or agent of a person who issubject to the filing requirement. An
offense under Chapter 176 is a Class C misdemeanor.
NOTE: If you are not aware of�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 foam.However,a
siguature is required in the#4 box in all cases.
f
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Exhibit B—CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTiONNAIRE FORM CiO
For vendor doing business with Iocni governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 9Ath Leg.. Regular Session.
OFRCEUSEONLY
-rhis questionnaire is bonny 111ed in nccordnnce with Chapter 176,Local Govetttment Code, orde RecaiVC-d
by a vondorwho has a business relalio nship as definod by Section 176.001(1 a)w111i a local
govel nnlpnlal enttly and the vendor iiieets requlrenlen is under Sociion 176,006(a).
By law This questionnaire tllllut be filod with file records administrator of the local govornmental
entity not Baler 1111111 the 71h business day alter the dale Ilse vendor becomes aware of facts
that require ilia statement to bo Illod. Sao Section 176A06(a-1),Local Government Code.
A vendor commits an offense it the vendor knowingly violates Section 176,008. Local
Government Code.An offense under this section Is a misdemeanor.
J Naniii3�of vendorwho has a`buslness relationship with local govetnmemal entity.n Chn(.,k this I)OX 11 you ate 1111119 all updato to a proVlotlsly filed questionnaire
I 1 (The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the dale on which you became aware that the originally filed questionnaire was
incomplete or inaccurate.)
3
Name of local government officer about whom the Ifntormatlon In this section Is beinti disclosed.
Nri1me of Officer
This section(Item 3 including subparts A, 6, C,R D) must be conliAnled for each officer with whom the vendor has an
employment or other business relationship as defined by Section 17B.001(1-a),Local Clovoinment Code. Attach additional
pages to this Form CIQ as necessary.
A. to the local government officer named in this section receiving or likely to receive taxable income,other lhati investment
income, from the vendor?
n Yes El No
8, is the vendor receiving or likely to receive taxable income,other then investment income,from or at the direction of the local
government officer named in this section AND the taxable Income Is not received from the local governmental entity?
El Yes = No
gG. Is the overnmenllloffl�erlsei va eastonnaire an ofliceriorioyed d director,ar f orldsianon or oWno slhiprinterest of one entity
cent orpect to more?which the local
O Yes No
i
D. Describe each employment or business and family relationship will)the local government officer named in this section.
4
Date
Signature of venrtw doing business wigs the governmental entity
-- Adopted 8/7/2015
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EXHIBIT C—VENDOR CONTACT INFORMATION
Vendor's Name; Biotage LLC
Vendor's Address: 10430 Harris Oaks Blvd Suite C Charlotte•NC 28269
Phone: Fax:
704-654-4900 -
Email:
ordermailbox@biotage.com -_ -
Name of person(s)to contact when placing an order or invoice questions:
Name/Title: Customer Service
Phone: 704-654-4900 Fax.
Ema i l: ordenn ailbox@biotage.coni
Name/Title:
Phone: Fax:
Entail:
Name/Title:
Phone: Fax:
Email:
Signature Printed Name Date
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EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
BIOTAGE,LLC
10430 HARRIS OAKS BLVD,SUITE C
CHARLOTTE,NC 28269
Vendor hereby agrees to provide City with independent audit basic financial statements, but also the fail-
presentation of the financial statements of individual funds.
Execution of this Signature Verification form("Form")hereby certifies that the following individuals and/or
and to execute any agreement,amendment or change order on
positions have the authority to legally bind Vendor
behalf of Vendor. City is frilly entitled to rely on the warranty and representation set forth in this Form in
entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on any cut-rent
executed Form until it receives a revised Form that has been properly executed by Vendor,
1. Name: C\ "C-Vo"A, 19�
Position: C1(_ p
Signature: 2+
2. Name:
Position:
Signature:
's
Signature of President/CEO/Managing Partner
Title Date
I
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EXHIBIT E
FORTWORTH.
SPECIFICATIONS FOR TWO r21 SPE-DEX5000 THREE STATION EXTRACTOR MODULES
APPLICABLE REQUIREMENTS
1.0 No equivalents or substitution.
1.1 Must be a Biotage@ Horizon SPE-DEX 500 Three Station Extractor Module.
1.2 Part Numbers: SPE-DEX 5000, 63-2566, 63-2820-01, 50-5018-01, 50-
5018-03, 150-0009-04, 160-0001-02, 27-0476-01, 49-5001, 49-5006-01
PN# Description
SPE-DEX 5000 Two[21 SPE-DEX 5000-Three Station Extractor Module Include(s):
• Extractor Module
• Utility Kit
• Starter Kit
• Control PC required to run module with Windows 10 or Higher
Disk Holder
50-5018-01 SPE Disk Holder/47mm w/5000
50-5018-03 Fast Flow SPE Disk Holder/47mm/100mm for 5000
Ca Adapters for Sample Bottles: [Requires Three per Module
150-0009-04 53 x 400 Cap Adapter for 1 L Wide Mouth Bottle
Collection Vessels
160-0001-02 VOA Adapter 19/22 Taper; 40mL
27-0476-01 125mL, 19/22 Taper, Erlenmeyer Flask w/stopper
Solvent Lines [Required Accessory]
49-5001 Lines with GL45 Cap& 1 L Schott Bottle(Solvent Lines &
Ca s: 38x430
l Exhaust System
49-5006-01 Exhaust Vent Hose with Clamp Kit
49-2794 One-Pass Kit For Three Stations
49-2623 One-Pass Carbon Cartridge Kit(Does not include 49-2620), Biotage® Horizon
4790
03-5000-01 250 mL Flat Bottom Flask 19/22—Taper
FFP-100-HS1 Atlantic®Fast Flow Pre-Filter, 90 mm, Fine 1.0 pm
FFP-100-HS5 Atlantic®Fast Flow Pre-Filter, 90 rnm, Coarse 5.0 Hm
C42567 Auxiliary Rack 200 mL Evaporation Tubes TurboVa ®II
47-2346-11 Atlantic®8270 One Pass Disks, 47 mm
49-2620-01 One-Pass Carbon Cartridge Max Detect
31-0663 Fine Mesh Screen, 47 mm
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SER-5000SPE-IN Installations and Familiarization - Biota e(@ Horizon 5000
415001 TurboVap II
415100 TurboVa (@ II Rack with End-Point Sensors 6 Positions, 200 mL Tubes
C128506 Evaporation Tube TUrboVa (@ II, 200 mL, 1 mL EndPoint
SDS-101-19/22 Dr Dislc(@ Solvent Drying System -SIDS 101 - 19/22 Taper
50-0749-01 Solvent Drying System-SIDS 101 Manifold Assembly, Dr Disk(@
50-2480-01 GAST Vacuum Pump 120V 60HZ With Plumbing Kit
50-2482 SPE-DEX Bleed Valve Assembly
Discount for Buy Back Extractor(s)
Buy Back Program Value
Buy Back of Four 4790 Extractors) Extractor(s) Serial Number: 12-
1733 Extractor(s) Serial Number: 12-1734 Extractor(s)Serial
Number: 12-1735 Extractor(s) Serial Number: 12-1736
2.0 TECHNICAL SPECIFICATIONS
2.1 The samples being processed in the laboratory require sample flow rates of
25-250 mL/min to ensure optimum recovery.
2.2 The system must have internal tubing, pumps, and valves providing this
range for water sample flow rates from 25-250 mL/min.
2.3 Due to limited space and as a safety feature all pumps and valves must be
internal to the unit.
2.4 The laboratory receives a wide variety of bottles. At a minimum the system
must offer the capability to process samples from containers such as: 40
mL-2 L, 45 mm Schott, 1 L Ball/Kerr bottle, and 1 L Boston Round. To
anticipate the future needs of the laboratory, the system must provide the
ability to develop custom adapters.
2.5 To assure the precision and recovery levels required, the sample bottles
must be automatically rinsed and all analytes are delivered to the sorbent
disk.
2.6 The system must include the capability to process a full range of water
samples (with and without particulates) by including at least adjustable liquid
sensors.
2.7 Must include the ability to physically remove the sample and the Water Inlet
Valve assembly from the module.
heavy load of articulates the s
2.8 Samples received can include a he y particulates, must y
accommodate the samples with some type of built-in disk holder that allows fast
i flows versus waiting long times for processing.
2.9 To minimize space requirements and costs, one controller PC must be able to
control at least four (4) individual modules.
2.10 The system must provide software to ensure heavily particulate containing
samples are handled correctly and a sample is paused for operator
intervention when an unsatisfactory situation is detected.
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2.11 Optimal detection of all liquids is required due to the wide array of samples. The
system should include an automatic zeroing of the liquid sensors to assure the
correct settings are in place regardless of the sample.
2.12 To minimize down time critical components such as solenoid valves and seals
must be easily replaceable.
2.13 To assure optimization of sample processing the system must be able to adjust
in real time the vacuum range for the sample load step.
2.14 To assure consistency the methods must be set and recalled automatically.
2.15 To ensure consistent recoveries, the disk platform must be adjustable allowing
optimal positioning between the surface of the SPE disk and water inlet valve.
2.16 The system must include a mechanism and disposables for Acid/Base-Neutral
extractions.
2.17 To meet the wide variety of methods required in the laboratory, at least seven
solvents should be accommodated and allowed to be used for conditioning,
rinsing, washing, or elution.
2.18 To minimize sample set up time and transcription errors, a bar-code reader must
be accommodated for entering sample IDs.
2.19 All Wash and Rinses can be directed either up and into the sample container, or
directed down into the SPE Disk Holder
2.20 To minimize oxidation the system must allow a blanket of nitrogen.
2.21 Must include slow load and clogged disk monitoring to ensure the sample is
preserved.
2.22 To eliminate interpretation errors, easy to understand icons and symbols should
be included in the software.
2.23 To allow bench top operation, the system should provide a solvent vapor guard
venting all solvent vapors, which are contained and directed into a proper
venting outlet.
2.24 To provide flexibility in sample processing and error recovery, a "Pause" feature
must be available anytime during the run as well as a sample abort option. To
minimize samples being lost in processing the system, must include a Solvent
Vapor vent line, which directs all solvent vapors away from the Collection
Vessel.
2.25 For reproducibility, the system must include liquid sensors to monitor and detect
when the water sample has been properly processed to ensure consistent and
repeatable air dry times for all samples.
2.26 Must include an Overflow liquid sensor to ensure a sample is never lost.
2.27 To allow easy upgrades a USB port must be provided.
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3.0 WARRANTY
3.1 Provide a 12-month comprehensive on-site warranty.
3.2 Provide rental instrument at no charge when repair at Factory Service Center is
necessary, if available.
3.3 Pay freight charge (standard UPS ground) for shipment of instruments and
replacement parts from Factory Service Center.
3.4 Include travel time and cost.
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EXHIBIT F
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
This form must be provided when requesting to make a purchase over$50,000 without following public
bidding requirements.
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 and determine whether using an exemption to Chapter 252's biding requirements would be
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: Strategic Operations: Central Water Lab
Name of Contract Manager: Patricia Stanley
Department's Attorney: Matt Murray
Item or Service sought: Extractor Modules
Vendor: Biotage LLC
Current Agreement for item/service: ❑x Yes ❑ No
CSC#:
Recommended by [print name]: Chris Harder, PE
Department Director Water Director
Chnit ghg fiazywe-
Signature: Christopher H rder(Aug 28,202016:41 CDT)
Telephone Number: [817] 392-5020
Date: Aug 28,2020
How will this item or service be used:
The equipment is required to support various projects for Drinking Water, 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, Public Water Systems and Well Water, The analysis are linked to
permits, EPA and TCEQ Regulatory Requirements as well as various water projects [e.g. Reclaim, Zoo,
Sewer Overflows].
Pagel of 3
Section 2: Exemption Justification
Please indicate which 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 made because of a public calamity that requires the immediate appropriation of
money to relieve the necessity of the municipality's residents or to preserve the property of the
municipality;
• a procurement necessary to preserve or protect the public health or safety of the municipality's
residents;
❑ a procurement necessary because of unforeseen damage to public machinery, equipment, or other
property;
❑ a procurement for personal, professional, or planning services;
❑ a procurement for work that is performed and paid for by the day as the work progresses;
❑ a purchase of land or a right-of-way;
Q a procurement of items that are available from only one source, including:
• a purchase of rare books, papers, and other library materials for a public library;
❑ paving drainage, street widening, and other public improvements, or related matters, if at least one-
third of the cost is to be paid by or through special assessments levied on property that will benefit
from the improvements;
❑ a public improvement 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 authorized by the voters;
❑ a payment under a contract by which a developer participates in the construction of a public
improvement as provided by Subchapter C, Chapter 212;
❑ Personal property sold:
A. at an auction by a state licensed auctioneer;
B. at a going out of business sale held in compliance with Subchapter F, Chapter 17, Business
& Commerce Code;
C. by a political subdivision of this state, a state agency of this state, or an entity of the federal
government; or
D. under an interlocal contract for cooperative purchasing administered by a regional planning
commission established under Chapter 391;
❑ services performed by blind or severely disabled persons;
❑ goods purchased by a municipality for subsequent retail sale by the municipality;
❑ 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.
Supporting documentation is attached.
Biotage/Horizon Technology is the original equipment manufacturer and sole source provider of the
Extractor Modules System that is compliant with EPA method protocols and requirements. The
intellectual properties of Biotage/Horizon Technology includes various copyright, trademark and patents
for the referenced equipment. Warranty, repairs and preventative maintenance is only available through
the manufacturer.
Page 2 of 3
Section 3: Attorney 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? VYes ❑No
Was there anything not included on this form or attached hereto that was relied on in making this
determination? VYes ❑No
If yes, please explain:
Biotage letter to Fort Worth Water and Waster dated November 20, 2019.
Approved By: Assistant City Attorney I ?'''``"�
Taylor Paris
Date: 2/25/20
Page 3 of 3
'4V EXHIBIT G
Biotage
Customer Information
Account Name City of Fort Worth Water and Wastewater Contact Name Johnny Skelton
Central Laboratory Phone (817)392-5916
Account Number 28955 Email johnny.skelton@forlworthtexas.gov
Ship To 2600 SE Loop 820
Foil Worth,Texas 76140
United Slates
Quote Information
Quote Name City of FT Worth TX-Two-5000 SYS's-12565 Prepared By Michael Linzel
Quote Version 7 Email michael.linzel@biolage.com
Quote Number 12565 Payment Terms Net 30 days
Created Date 6/30/2020 Shipping Prepaid&Add
Expiration Dale 9/24/2020 FOB Terms Origin
Quote Description:
Description Install designs 2020 June
Add One Pass Kit&consumables for I 5000 system PC removed,Software included in line 1 in Utility Kit
Add TurboVap and Solvent Drying Station(SDS)from June Demo 8x items
Quote Line Items
List Price Discount Total Price
Product Quantity Product Description
Biotage®Horizon 5000 3-Station Extractor Module(Includes Utility Kit With USD USD
SPE-DEX 5000 2.00 Waste Lines) 34,502.00 66,004.00
USD
50-5018-01 6.00 47 mm Disk Holder With Riser,Biolage®Horizon 5000 USD 408.00 2,448.00
USD
50-5018-03 6.00 Fast Flow Disk Holder Assembly,Biolage@ Horizon 5000 USD 555.00 3,330.00
USD
150-0009-04 12.00 53 x 400 Cap Adapter For 1 L Wide Mouth Bottle USD 186.00 2,232.00
USD
160-0001-02 12.00 40 mL VOA Vial Adapter 19/22 Taper USD 87.00 1,044 00
USD
27-0476-01 12.00 125 mL Erlenmeyer Flask With Stopper USD 97.00 1,164.00
USD USD
49-5001 2.00 FEP Lines with Wheaton,Venting Caps&Depth Filters 1,568.00 3,136.00
USD
49-5006-01 2.00 Exhaust Vent Hose With Clamp USD 107.00 214.00
I USD USD
G 49-2794 3.00 One-Pass Kit For Three Stations 1,038.00 3,114.00
j I
Biotage
10430 Harris Oaks Blvd.,Suite C
Charlotte,NC 28269 USA
Tel:800-446-4752 Fax:434-296-8217
Submit Orders To: ordennailbox@biolage.com
Please refer to quotation number on all orders,inquiries and correspondence.
Biotage
49-2623 6.00 1 One-Pass Carbon Cartridge Kit(Does not include 49-2620),Biotage® USD 271.00 USD
Horizon 4790 I 1,626.00
USD
03-5000-01 12.00 250 mL Flat Bottom Flask 19/22 Taper USD 51.00 612.00
USD
FFAP-100-HS1 7.00 Atlantic@ Fast Flow Pre-Filter,90 mm,Fine 1.0 pm USD 91.00
637.00
USD
FFAP-100-HS5 7.00 Atlantic@ Fast Flow Pre-Filter,90 mm,Coarse 5.0 pm USD 122.00
854.00
USD
C42567 2.00 Auxiliary Rack 200 mL Evaporation Tubes TurboVap@ II USD 151.00
302.00
USD
47-2346-11 5.00 Atlantic@ 8270 One Pass Disks,47 mm USD 396.00 1,980.00
USD
49-2620-01 8.00 One-Pass Carbon Cartridge Max Detect USD 177.00 1,416.00
31-0663 3.00 Fine Mesh Screen,47 mm USD 7.00 USD 21.00
USD
SER-5000SPE-IN 2.00 Installations and Familiarization-Biotage@ Horizon 5000 USD 500.00 1,000.00
USD o USD
415001 1.00 TurboVap@ II 9,738.00 5.00/o g 251.10
415100 1.00 TurboVap@ II Rack with End-Point Sensors(6 Positions,200 mL Tubes) USD 931.00 5.00% USD
884.45
USD
C128506 1.00 Evaporation Tube TurboVap@ II,200 mL,1 mL EndPoint USD 489.00 5.00% 464.55
SDS-101-19/22 6.00 DryDisk@ Solvent Drying System-SIDS
S 101-19/22 Taper USD 586.00 5.00% 3,340.20USD
USD
50-0749-01 1.00 Solvent Drying System-SIDS 101 Manifold Assembly,DryDisk@ USD 402.00 5.00% 381.90 USD
USD USD
50-2480-01 1.00 GAST Vacuum Pump 120V 60HZ With Plumbing Kit 1,412.00 1,412.00
50-2482 1.00 SPE-DEX Bleed Valve Assembly USD 99.00 5.00% USD 94.05
Subtotal USD 107,721.00
Quote Discount 5,00%
i
Total Discount USD 6,144.80
Shipping USD 745.00
Total USD 102,321.20
Additional Notes
Biotage@ Horizon 5000-Three(3)Station Extractor Module(2x)for EPA Method 625.1 Please note additional lax and
shipping charges(estimated)may be required.
Include(s):Extractor Module
Utililiy Kil(Software Included Here)
Starter Kit
Biotage
10430 Harris Oaks Blvd.,Suite C
Charlotte,NC 28269 USA
Tel:800-446-4752 Fax:434-296-8217
Submit Orders To: ordermailbox@biotage.com
Please refer to quotation number on all orders,inquiries and correspondence.
0,
Biotage
Terms and Conditions
Unless Biotage has entered into a separate written agreement with you for the supply of goods and services,acceptance of this quote implies
your acceptance of the Blotage's Terns and Conditions of Sales(see
htipt/lblotaae.com/lItL-rature/downinad/blotaoe terms and conditions 1iuly 2017 amedgas.odfl.
i
Biotage
10430 Harris Oaks Blvd.,Suite C
Charlotte,NC 28269 USA
Tel:800-446-4762 Fax:434-296-8217
Submit Orders To: orderiiiailbox@biotage.com
biotage.com
Please refer to quotation number on all orders,inquiries and correspondence.
EXHIBIT H
(81,
Biotage
November 20,2019
Johnny Skelton
City of Fort Worth Water and Wastewater Central Laboratory
2600 SE Loop 820
Fort Worth,TX 76140
Dear Johnny,
This letter is to provide notification that Biotage-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 Automated Extractor System
SPE-DEX@ 3000XL Automated Extractor System
SPE-DEXO 3100 Automated Extractor System
SPE-DEXO4790 Automated Extractor System
SPE-DEX@ 5000 Automated Extractor System
Envision TM Platform Controller
XcelVap(R)Concentration/Evaporation System
SmartPrep@ Extractor
DryVapO Concentrator System
Reclaimerlm SRS Recovery
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Sales Administrator
10430 Harris Oaks Blvd.,Suite C.,Charlotte,NC 28269 USA
0.
•. . • Code:
Status: Active 1 SrATES
Expiration Date: 03/23/2021
Purpose of Registration: All Awards
Entity Overview
Entity Registration Summary
Name:BIOTAGE,LLC
Business Type:Business or Organization
Last Updated By:Clarissa Hennegan
Registration Status:Active
Activation Date:03/23/2020
Expiration Date:03/23/2021
Exclusion Sunuuary
Active Exclusion Records?to
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City of Fort Worth
Departmental Request for Waiver
of MBE/SBE Subcontracting/Supplier Goal
Water: Strategic Operations-Central Lab 102,000.00
DEPARTMENT NAME: ESTIMATED COST
(Please select the appropriate circle)
ORFP ORFQ ORFI OCISV OOther State Cooperative Program 0Reverse Auction
NOTE:All support documentation needs to be attached to this request.
Sole Source Biotage Three Station Water Extraction Modules
NAME OF PROJECT /BID PROJECT NO.
Patricia E Stanley oao 2019.06.1314:200.05U0'eY 5906 06/25/2020 493-00
SIGNATURE OF PROJECT MANAGER EXTENSION DATE NIGP CODE
Prior to advertisement, the contracting/managing department shall determine whether the bid/RFP is one which MBE/SBE
requirements should not be applied. MBE/SBE requirements may be waived upon written approval of the Business Development
Manager, Office of Business Diversity (OBD). If one of the conditions listed below exists, the contracting/managing
department shall notify the Manager via this form,stating the specific reason(s)for requesting a waiver.
If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either
may appeal to the City Manager, or designee, whose decision is final.
Please Check Applicable Reason:
A. Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Department and approved by the OBD, in accordance with the MWBE or
BDE Ordinance, because the public or administrative emergency exists which requires the
goods or services to be provided with unusual immediacy; or
B. Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Department and approved by the OBD, in accordance with the MWBE or
BDE Ordinance, because the purchase of goods or services is from sources where
subcontracting or supplier opportunities are negligible; or
C. Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Department and approved by the OBD, in accordance with the MWBE or
DBE Ordinance, because the application of the provisions of this ordinance will impose an
economic risk on the City or unduly delay acquisition of the goods or services; or
D. Office of Business Diversity: A waiver of the goal for MBE/SBE subcontracting requirements
was requested by the Department and approved by the OBD, in accordance with the MWBE or
DBE Ordinance, because the MWBE Waiver is based on the sole source information provided
to the MWBE Office by the managing department's project manager.
E. OTHER:
Justify Commodity or Service Waiver Request:
This is a one-lime sole source purchase of capital equipment for the Water dept.,from one manufacturer to provide Biotage Water Extraction Module.
Please use additional sheets,if needed
OBD USE ONLY:
V/ Gwen Wilson soio06,290824:s -os2�W 06/29/2020
Approved Signature of OBD Authorized Personnel Date
Not Approved Signature of OBD Authorized Personnel Date
Rev.04.03.2019
Office of Business Diversity
Email: mwbeoffic a,fortworthtexas.gov
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/11/20 M&C FILE NUMBER: M&C 20-0543
LOG NAME: 60BIOTAGE THREE STATION WATER EXTRACTION MODULES
SUBJECT
Authorize Sole Source Purchase of Two(2)Three Station Extractor Module Systems and Additional Equipment from Biotage, LLC,the Amount
not to Exceed$105,000,for the Water Central Laboratory(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the sole source purchase of Two(2)Three Station Extractor Modules System,disk holders,cap
adapters,collection vessels,solvent lines,exhaust system and support services manufactured and produced by Biotage, LLC in the amount not to
exceed$105,000.00 for the Water Central Laboratory.
DISCUSSION:
The laboratory equipment is utilized to test industrial wastewater samples for Federal and State regulated contaminants to protect public health.
The Three Station Extractor Module Systems are replacements for 12-year-old instruments which will no longer be repaired and supported by the
supplier due to obsolete components.
Included with the installation,the vendor will upgrade the existing software and operating system for compatibility with the department network
system and Laboratory Information Management System.
BID ADVERTISEMENT-This procurement is exempt from the competitive bidding requirements as provided for under Section 252.022(7)(A)of
the Texas Local Government Code because Biotage, LLC is the sole provider of the Three Station Extractor Module System.
ADMINISTRATIVE CHANGE ORDER-An administrative change order or increase may be made by the City Manager up to the amount allowed
by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been
appropriated.
Office of Business Diversity-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Water Department and
approved by the OBD,in accordance with the BDE Ordinance because the MWWBE Waiver is based on the sole source information provided to
the MWBE Office by the managing department's project manager.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget,as previously appropriated, in the Water&Sewer Capital
Projects(W&S Capital Projects)Fund Sewer FY20 Non-Fleet Eqmt Pur project to support the approval of the above recommendation and
authorization of the purchase. Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of
funds.
Submitted for City Manager's Office by- Dana Burghdoff 8018
Originating Business Unit Head: Chris Harder 5020
Additional Information Contact: Patricia Stanley 5906
200 Texas Street
City of Fort Worth ortWoth,Texa
Fort Worth,Texas
Legislation Details
File#: M&C 20-0543 Version: 1 Name:
Type: General Consent Status: Passed
File created: 8/6/2020 In control: CITY COUNCIL
On agenda: 8/11/2020 Final action: 8/11/2020
Title: Authorize Sole Source Purchase of Two (2)Three Station Extractor Module Systems and Additional
Equipment from Biotage, LLC,the Amount not to Exceed$105,000,for the Water Central Laboratory
(ALL COUNCIL DISTRICTS)
Sponsors:
Indexes:
Code sections:
Attachments: 1. M&C 20-0543
Date Ver. Action By Action Result
8/11/2020 1 CITY COUNCIL Approved
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