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Home My WebLink AboutContract 54632 CSC No. 54632 CITY OF FORT WORTH REQUEST TO EXERCISE RENEWAL OPTION August 17, 2020 HACH Company Attn: Kathy Payn 5600 Lindbergh Dr. Loveland, CO 80538 Re: Contract Renewal Notice �Q 10.0� I�Vb,90 Purchase No. SS-100376 (the"Contract") 0Ab R l Renewal Term No. 4: September 14,.l l;to September The above referenced Contract with the City of Fort Worth expires on September 13, 2020 (the "Expiration Date"). Pursuant to the Contract, contract renewals are at the mutual agreement of the parties. This letter is to inform you that the City is requesting to renew the Contract for an additional one (1) year period, which will begin immediately after the Expiration Date. All other terms and conditions of the Contract remain unchanged. To agree to renew the Contract for an additional one (1) year period, please sign and return this request to exercise renewal option, along with a copy of your current insurance certificate and W-9, to the address set forth below. Please log onto PeopleSoft Purchasing at http://Iortworthtexas.t ov/tnu-chasin to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice, please contact me at the telephone number listed below. Sine y, rtcia 5'lan Management Analyst II 817-392-5906 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Renewal CSC No. ACCEPTED AND AGREED: CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and bay 8ura administration of this contract, including By: Dana Burghdoff(Oft 5,202 :1T CDT) ensuring all performance and reporting Name: Dana Burghdoff requirements. Title: Assistant City Manager Wow, By: Patricia Staney(ep 1T,202011:02 CDT) APPROVAL RECOMMENDED: Name: Patricia Stanley Title: Management Analyst II APPROVED AS TO FORM AND By: Christopher Hard (Sep 18,202012:05 CDT) LEGALITY: Name: Chris Harder, PE p4004anq�� Title: Water Director p�o FORT.0 od o Clista Lode��ey�ol�'r Pvo a=G ATTEST: Qda?f o °o�cPdd By: Christa R.Lopez-Reynold (Oct5,2020 121P CDT) Il l�EXASaOp Name: Christa R. Lopez-Reynolds aQ a Rnna4°' Title: Senior Assistant City Attorney �2d P.Gonzales(�0� By: CONTRACT AUTHORIZATION: Name: Mary Kayser M&C: P-11933 Title: City Secretary Date Approved: 09/13/2016 Form 1295 Certification No.: Hach Company By: wduvl'`" u Date: 9/11/20 Name: Roxanna Starika Title: Project Specialist II OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Renewal ( t • FORTWORTH August 29,2019 Hach Company PO BOX 389 Loveland,CO Attention:Amy Olsen ACH@HACH.COM Re:Renewal of Bid Hach Company SS Lab Supplies Po No:16-0371;PO-17-00100376 On 9/13/2019,the agreement between Hach Company and the City of Fort Worth will expire with two(2) option(s)to renew. If you agree to extend the existing agreement for an additional 12-month period,please mark the appropriate box,sign below and return to this letter,your current certificate of insurance and your current signed IRS W-9 form within 48 hours. Final approval of a new purchase order is dependent on fund availability. If approved,a new purchase order will bee-malled to you. Please note that the former supplier site,BuySpeed Online,will no longer be available for use.The City of Fort Worth has Implemented a new system for procurements of goods and services.This will j Include bidding and direct purchases of goods and services. Business partners will able to access their Clty-related business information through the City's new PeopleSoft Supplier portal. To access your Information in the new system,businesses need to register as a"User"using the link provided below. https://supplier.fortworthtexas,gov/psc/finprd/SUPPLIER/ERP/c/NUI FRAMEWORK PT LANDINGPAGE GBL?& You will need the following to complete registration: Your Vendor number:XXXX and your company's TJN,identtfication number. "In the description field please put the position you hold within your company.EX:owner,office manager, accounts payable.** If you have any questions concerning this correspondence,please call 817-392-2462. Thank you for your prompt attention and for your continued interest In doing business with the City of Fort Worth. Sincerely, FMS Purchasing Purchasing Division,Financial Management Services Department i New Agreement Term:9 14 2019 through 9 3 2020 Vendor:Hach Company City of F rt Worth C Yes,renew this agreement ❑ No,do not renew this agreement Sie en Rather �' J stun ,,R,• �' A.rft� Roxanna Starika Purchasing Manager '`Per submitted updated pricing i V 1 HACH 1 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 80539 1 P 970.669,3050 1 F 970.669.2932 1 hach.com City of Fort Worth 10/02/18 1000 Throckmorton St Ft Worth TX 76102 Attn: Jane Rogers RE: Renewal under Current Agreement No: 16-0371 PO# 17-00100376 Hach Laboratory supplies,replacement parts and maintenance Hach would like to thank you for your recent renewal request extending the following contract. Contract Number: 16-0371 For Providing: Hach laboratory supplies, replacement parts and maintenance For Additional Period: One(1)year Start Date: 9/13/18 End Date: 9/14/19 Hach is making adjustments to the US list prices of certain products. These changes are associated with the increasing costs, including raw materials, which Hach is experiencing in the manufacturing of these products. The amount of the change varies by product and part number. However, the overall price change across our major product lines is 3.9%. Be assured that Hach is working diligently to reduce and control cost through operational efficiencies in order to lessen the impact in prices to our customers. In addition,we continue to invest in innovation to provide solutions that enable our customers to reduce their operational costs with products that are less labor intensive to operate and enable process optimization to reduce energy, chemical, and maintenance costs. Enclosed you will find the updated pricing for the renewal contract term. All other agreed upon terms and conditions will remain the same. Should you have any questions or need additional information please contact me at(800) 227- 4224 ext 6272. Hach Company looks forward to continuing to serve your analytical needs 2018 and beyond. Kind Regards Roxanna Starika Project Specialist II rstarika@hach.com (800)227-4224 ext 6272 HACH ( 5600 Lindbergh Drive 1 PO Box 389 1 Loveland,Colorado 80539 1 P 970.669.3050 1 F 970.669.2932 1 hach.com Line Part Number Description Qty Unit %Disc Net Unit Extended Price Price Price 1 2125915 rr COD Vials 20-1500 mg/L,pk/150 High 1 229.00 5% 217.55 217.55 Range,USEPA Approved 2 2253929 COD Standard Solution,1000 plus or minus 50 1 21.59 5% 20.51 20.51 mg/L,200 mL 3 1486398 BOD Nutrient Buffer Pillows,19 mL size 1 63.99 5% 60.79 60.79 (prepares 19 L),pk/25 Powder Pillows 4 2745050 Test Kit Chlorine,Model Test Stripsl Range 1 17.75 5% 16.86 16.86 ppm 0-10 Free/0-10 ppm Total 5 23249 Fluoride Standard,100mg/L 500mL,Solution 1 39.15 5% 37.19 37.19 6 253335 Formula 2533 Nitrification Inhibitor,35 g 1 23.85 5% 22.66 22.66 7 5838000 SENSOR CAP REPLACEMENT,LBOD 1 128.00 5% 121.60 121.60 8 2106869 Cyaniver 3 Cyanide Reagent,pk/100 Powder 1 32.35 5% 30.73 30.73 Pillows 9 2106969 Cyaniver 4 Cyanide Reagent,pk/100 1 32.35 5% 30.73 30.73 10 2107069 Cyaniver 5 Cyanide Reagent,pk/100 1 32.35 5% 30.73 30.73 Total chlorine replacement vials for the SwifTest Dispenser.Contains enough DPD for 11 2105660 250 tests for 10 ml samples This product has 1 48.49 S% 46.07 46.07 not been evaluated to test for chlorine and chlormaines in medical applications in the United States 12 2376526 Polyvinyl alcohol dispersing reagent50ml SCDB 1 13.99 5% 13.29 13.29 13 4864302 Sample Cell w/Cap,1 cm/10 mL,pk/2.For 1 17.55 5% 16.67 16.67 DR/800 Series Colorimeters 14 19449 Silica Standard Solution,1000mg/L,500mL 1 38.19 5% 36.28 36.28 15 2409353 Sodium thiosulfate,.025n 1000ml 1 27.95 5% 26.55 26.55 16 2635300 Spec Color Standard,Low Range Chlorine- 1 175.00 5% 166.25 166.25 DPD 17 34953 Starch indicator soln,1000ml 1 19.49 5% 18.52 18.52 18 89149 Sulfate std soln,100mg/1500ml 1 25.09 5% 23.84 23.84 SwifTest Total Chlorine Reagent Dispenser includes reagent for 250 tests for 10 ml samples.Total chlorine replacement vials can 19 2802400 be purchased separately(2105660)DPD 1 63.79 5% 60.60 60.60 TOTAL BULK DISPENSER+POWDER*This product has not been evaluated to test for chlorine and chloramines in medical applications in the United States. Total chlorine replacement vials for the 20 2105660 SwifTest Dispenser.Contains enough DPD for 1 48.49 5% 46.07 46.07 250 tests for 10 ml samples This product has not been evaluated to test for chlorine and chlormaines in medical applications in the United States Note:The 2100AN Lab turbidimeter is obsololete,Hach is offering the new TU5200 Lab Turbidimeter below 21 LPV442.99.01022 ee TU5200 Lab Turb,ISO 1 3,570.00 5% 3,391.50 3,391.50 22 2659505 StablCal Standards Calibration Kit,for 2100AN 1 294.00 5% 279.30 279.30 and 2100AN IS Laboratory Turbidimeters (includes 1 ampule each,<0.1 NTU,20 NTU,200 NTU,1000 NTU,4000 NTU,7500 HACH ( 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 80539 P 970.669.3050 1 F 970,669.2932 hach.com 23 1416066 BOD Nutrient Buffer Pillows,0.5 mL size 1 11.95 5% 11.35 11.35 (prepares 300 mQ,pk/50 Powder Pillows 24 1426820 Chlorine 50-75mg/L 2mL pk/20 Ampules 1 50.75 5% 48.21 48.21 Standard Solutions as Cl2(NIST) 25 1486166 BOD Nutrient Buffer Pillows,3 mL size 1 38.19 5% 36.28 36.28 (prepares 3 L),pk/50 Powder Pillows 26 1486266 BOD Nutrient Buffer Pillows,6 mL size 1 48.35 5% 45.93 45.93 (prepares 6 L),pk/50 Powder Pillows 27 1486510 BOD Standard Solution,for dilution method, 1 44.95 5% 42.70 42.70 300 mg/L each of glucose plus glutamic acid, pk/16 10 mL Voluette Ampules(NIST) 28 18349 Chloride Standard,1000mg/L,500 mL 1 32.55 5% 30.92 30.92 Solutions(NIST) 29 2106269 Citric Acid,10mL pk/100(for silica analysis) 1 24.29 5% 23.08 23.08 Powder Pillows 30 2119449 rr Nessler Reagent,500mL 1 54.89 5% 52.15 52.15 31 2376526 Polyvinyl alcohol dispersing reagent50ml SCDB 1 13.99 5% 13.29 13.29 32 2376626 Mineral Stabilizer 50mL SCDB 1 15.89 5% 15.10 15.10 33 2514420 EZ GGA,BOD,NO PIPETTE,2ML PK/20 1 44.95 5% 42.70 42.70 34 27549 Manganous Sulfate Solution,500 mL,APHA 1 19.85 5% 18.86 18.86 35 27749 Alkaline Iodide-Azide Reagent,500 mL 1 28.55 5% 27.12 27.12 36 34953 Starch indicator soln,1000ml 1 19.49 5% 18.52 18.52 37 HQDBODMGR KTO:HQ440D,LBOD,BOD MANAGER 1 3,190.00 5% 3,030.50 3,030.50 38 2980500 SPEC COLOR STD,DPD CHLORINE-MR 1 191.00 5% 181.45 181.45 39 5870062 POCKET CLRMTR II CHLORINE MR/HR 1 487.00 5% 462.65 462.65 SYST*This product has not been evaluated to test for chlorine and chloramines in medical applications in the United States. 40 2107169 NitriVer 3 Nitrite Reagent,low range 0-0.2 1 40.30 5% 38.28 38.28 mg/L or 0-0.5 mg/L as nitrite-N,10 mL sample, pk/100 Powder Pillows 41 2756526 pH STORAGE SOLUTION,50ML 1 11.65 5% 11.07 11.07 42 1479120 Nitrogen,50mg/I 2ml amp pk/20 1 52.29 5% 49.68 49.68 43 2395466 Ammonia cyanurate rgt pp pk/50 1 24.29 5% 23.08 23.08 44 2606945 AmVer Test N Tube Reagent Set,High-Range 1 104.00 5% 98.80 98.80 Ammonia,0-50 mg/L,pk/50 45 2395266 Ammonia salicylate rgt pp pk/50 1 37.75 5% 35.86 35.86 46 2515025 Dissolved Oxygen Reagent,pk/25 Ampuls, 1 34.19 5% 32.48 32.48 High Range 47 2283449 pH buffer,pH 4,500 ml(1 pint) 1 13.79 5% 13.10 13.10 48 2283549 pH buffer,pH 7,500 ml(1 pint) 1 13.79 5% 13.10 13.10 49 2283649 pH buffer,pH 10,500 ml(1 pint) 1 13.79 5% 13.10 13.10 50 2343267 Holmium Trichloride,pk/20,Powder Pillows 1 34.45 5% 32.73 32.73 51 258901 Fluoride Strength Adjuster 454g,Ionic 1 91.39 5% 86.82 86.82 Total chlorine replacement vials for the SwifTest Dispenser.Contains enough DPD for 52 2105660 250 tests for 10 ml samples This product has 1 48.49 5% 46.07 46.07 not been evaluated to test for chlorine and chlormaines in medical applications in the United States 53 2107369 Molybdate Reagent for high range silica(0-15 1 31.89 5% 30.30 30.30 mg/L),10 mL sample,pk/100 Powder Pillows 54 1218629 COD Standard Solution,300+/-15 mg/L,200 1 24.35 5% 23.13 23.13 p{r Be Right'" HACH 5600 Lindbergh Drive 1 PO Box 389 1 Loveland,Colorado 80539 1 P 970.669,3050 1 F 970.669.2932 hach.com mL(NIST) 55 5870024 POCKET CLRMTR II SWFTEST CHLOR 1 487.00 5% 462.65 462.65 TOTAL*This product has not been evaluated to test for chlorine and chloramines in medical applications in the United States. 56 2662105 StablCal Standards Calibration Kit,for 210ON 1 228.00 5% 216.60 216.60 and 210ON IS Laboratory Turbidimeters (includes 1 ampule each,<0.1 NTU,20 NTU,200 NTU,1000 NTU,4000 NTU) 57 2517025 Ozone Reagent,0-0.75 mg/L,AccuVac Ampuls, 1 35.25 5% 33.49 33.49 pk/25 58 PHC28101 as ULTRA pH REFILLABLE PROBE,w/1m CABLE 1 428.00 5% 406.60 406.60 59 2376549 Polyvinyl alcohol dispersing 1 35.55 5% 33.77 33.77 60 2507025 Iron,Total,Reagent,FerroVer,AccuVac 1 34.59 5% 32.86 32.86 Ampuls,pk/25 61 2084900 Sample cell,25x95 mm,used with Model 1 59.00 5% 56.05 56.05 2100N,2100AN and Lab Ratio Turbidimeters, 6/pk 62 2401906 Sample cell,25x95 mm 25 mt.w/cap,6/pk 1 46.65 5% 44.32 44.32 used with DR/700 and DR/800 Colorimeter 63 PHC10101 pH GEL PROBE,STD,w/1m CABLE 1 273.00 5% 259.35 259.35 64 2978500 KTO:SS7 W/sc200,CH 1 1 5,714.00 5% 5,428.30 5,428.30 65 2376649 Mineral Stabilizer 500mL 1 73.29 5% 69.63 69.63 66 9429600 KTO CHEMKEY,25 PIECE MONO-CHLOR.AND 1 101.00 10% 90.90 90.90 25 PIECE FREE AMMONIA 67 2119453 rr Nessler Reagent,1000mL 1 99.00 5% 94.05 94.05 68 189149 Nitrogen-Ammonia,1mg/L,500mL 1 24.99 5% 23.74 23.74 69 9429100 ASSY.,PACK,CHEMKEY,25 PIECE,TOTAL 1 18.35 10% 16.51 16.51 CHLORINE 70 North Holly Service Maintenance Agreement $8,216.00 71 South Holly Service Maintenance Agreement $9,749.00 72 Eagle Mountain Service Maintenance Agreement $15,053.00 73 Westside Plane Service Maintenance Agreement $3,889.00 74 Rolling Hills Service Maintenance Agreement $17,135.00 75 Village Creek Service Maintenance Agreement $46,714.00 76 Miscellaneous items @ manufacturer list price less 5% discount with the exception of Chemkeys which are 10%_discount HACH I 5600 Lindbergh Drive I PO Box 389 I Loveland,Colorado 80539 1 P 970.669.3050 I F 970.669.2932 I hach.com May 21, 2018 Dear Prospective Customer: By signature below,the following Hach representatives are hereby authorized (during the period of May 21, 2018 through December 31, 2018) to sign all bid documents, representations and certifications and sales/service contracts submitted by Hach to prospective customers in accordance with Hach's internal contract procedures and which do not require a Corporate Officer's signature: Kevin Klau Melissa Voronin Ian Morrison Lance Reisman Lino Oddi Alyssa Prill Darin Steil Robert Bollea Adrian Revuelta Christophe Pattyn Kathleen Dyekman Ray Ruth Mike Strycker Brett Hellier Roxanna Starika Kurt Tyler Stephanie Herman Kevin Sweeney Tom Bolling Jesus Herrera Oliver Wadosch George Davison Heather Johnston James Welch Joe Manning Marty Jost Shawneen Wildman Daniel Chellew Staci Lamfers Bruce Zimbelman Mike Rembelski Samantha Lee Christel Valentine Chris Serafin Heather Looney We appreciate the opportunity to do business with your organization. Sincerely, L� Darin Steil Hach VP of Global Sales Page 1 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 Headquarters lf'ebSile: www.hach,corn Renduance _11 P.O.Boa 389 2207 Collections Center Dr Ito 5600 Lindbergh Drive Chicago,IL 60693 .rr n iEa pR2ctr.nr; Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:9765602385 Routing(ABA):026009593 Partnership Version : 0.210 Number: HACH253035 Hach Company Service Partnership Service Partnership Contact Looney,Heather C Plione Email hlooney@hach.com Customer Ref PCIA 7-00100376-141 Customer Contact: BATTISE,RUSSELL Customer Phone 817-392-8254 Customer Fax: 817-392-8410 Customer Email : Russell.Battise@FortWorthte xas.gov Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 EAGLE MOUNTAIN WTP Billing Method: Annual-Invoices on START Date Address] 1500 11TH AVE Address] 6801 BOWMAN ROBERTS Currency: USD RD Address2 Address2 Address3 Address3 City,State, FORT City,State, FORT PostalCodc WORTH-TX-76102-4350 Postalcode WORTH-TX-76179-3385 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 WRTUPGCERT1720E 17-SEP-18 16-SEP-19 WarrantyPlus Certification plan for 10,650.00 1720E Turbidity with 1 visit:17-SEP-2018:16-SEP-2019 Warranty upgrade includes:All parts, labor, and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification , unlimited technical support calls,and free firmware updates.Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit.Standard business hours are 8am-5pm M-F local time,excluding holidays. Please see service terms and conditions for additional details on our service plans,and to ensure Page : 2 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 Headquarters {PehSite: wtvw.hach.com Remittance Box 389 2207 Collections Center Dr T 5600 Lindbergh Drive Chicago,IL 60693 ._esti�iEc.,rPea,r.ra Loveland,CO 80539-0389 {Vire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 you have an opportunity to review our environmental and safety requirements. 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070600000249 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070700000434 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067929 1.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067934 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070100021629 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070100021715 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070100021720 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070100021721 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021722 1.10 LPV417.99,00002 1720E LR TURBIDITY SENSOR, HACH ;070100021724 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021725 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070500001047 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067920 1.14 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067921 1.15 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067923 1.16 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067925 1.17 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067926 1.18 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067928 1.19 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067935 1.20 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067936 1.21 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067937 1.22 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067938 1.23 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067939 1.24 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110200376982 Page 3 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 Headquarters ff'ebsire: www.hach.com Remittance P.O.Box 389 2207 Collections Ccntcr Dr 5600 Lindbergh Drive Chicago,IL 60693 c1011we0 Nave-r!, Loveland,CO 80539-0389 {fire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1.25 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071200067932 2 PMP-2100AN-1V 17-SEP-18 16-SEP-19 PMP-2100AN LAB TURB-1V 255.00 (FRV1):17-SEP-2018:1 B-SEP-2019 2.1 4700100 oo 2100AN LAB TURB, EPA 180.1 ;070600O20770 3 PMP-2100N-1V 17-SEP-18 16-SEP-19 PMP-210ON LAB TURB-1V 255.00 (FRV1):17-SEP-2018:16-SEP-2019 3.1 4700000 oo 2100N LAB TURB, EPA 1821 ; 150500032990 4 FSPSC200 17-SEP-18 16-SEP-19 Fld Svc-1V SC200 3,360.00 Control ler:17-S EP-2018:16-S EP-20 19 4.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125939 4.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125943 4.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 151000125945 4.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 151000125946 4.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125948 4.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125949 4.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133944 4.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 151000133945 4.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133946 4.10 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133947 4.11 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 151000133952 4.12 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 151000133953 4.13 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133954 4.14 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1511 C01 26534 4.15 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1511CO151898 4.16 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000123939 5 BSPPLUSSL1000 17-SEP-18 16-SEP-19 BenchPlus 533.00 S L 100 0:17-SEP-2018:16-SEP-2 01 9 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls Page 4 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 Fleadquarters IllebSite: www.hach,cotn Reaittance �---T :, P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 crl:rnlEc•axo�=..r•+= Loveland,CO80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 ACCOUnt:8765602385 Routing(ABA):026009593 and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 5.1 9430000 ee ASSY, INSTRUMENT,SL1000 ; 160190101341 6 HACH PM 1 VISIT 17-SEP-18 16-SEP-19 1 ON SITE 0.00 V I S IT:17-S EP-2018:16-SEP-2019 6.1 FIELD CONTRACT Field Service Contract site visit; SITE HACH253035 Sub Total : 15,053.00 Tar: 0.00 Total: 15,053.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TICS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(i)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name CITY OF FORT WORTH Customer P.O.Number Customer Reference Number TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured andlor supplied,and services provided,by Hach Company of Loveland,Colorado('Hach')and sold to the original purchaser thereof("Buyer).Unless otherwise specifically stated herein,the term'Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically staled in a previouslyexeculed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services("Products'). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale('Contract')in accordance with these Terms&Conditions:(i)Buyers issuance of a purchase order document against Hach's offer,(ii)acknowledgement of Buyer's order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyers order.Provisions contained in Buyers purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a pad of the Contract. 2, CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,Inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)day's poor written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or pad of any order prior to delivery without liability If the order includes any Products[hat Seller determines may not comply with export,safely,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FICA Hach's facility located in Ames,Iowa or Loveland,Colorado,United Stales(Incoterrns 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time Is specified,within Hach's normal lead-lime necessary for Hach to deliver the Products sold hereunder.Upon prior agreement vnth Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4.INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance in writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. Page 5 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 Headquarters WehSite: www.liacli.com Rendttance ' P.O.Boa 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 call=lei PROGRAM Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 5.PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as slated above.Prices do not Include any charges for services such as insurance;brokerage fees;sales,use,Inventory or excise taxes;Import or export duties;special financing fees;VAT, income or royally taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges Imposed upon the production,sale,distribution,or delivery of Products.Buyerwill either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the Invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account staled on the front of Hash's Invoice,or for customers with no established credit,Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a finely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance In breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a—h-with—der or cash-in-advance basis even after the delinquency is cured;(d)charge Interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,If lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges;(e)repossess the Products for which payment has not been made;(0 recover all costs of collection Including reasonable attorney's fees;or(9)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach in its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,In which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security Interest in the Products to secure payment In full,which payment releases the security interest but only If such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers Insolvency,bankruptcy,assignment for the benefit of creditors,or Issolulion or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.G.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used In accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach Instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects In workmanship for a period of ninety(90)days from the completion of the services.Pads provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall became the property of Hach.No warranties are extended to consumable items such as,without limitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or Implied,whether arising under any statute,law,commercial usage or otherwise,Including Implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of Its essential purpose so long as Hach is willing to provide such replacement,credit or refund. 8.INDEMNIFICATION: Indemnification applies to a parry and to such party's successors-in-interest,assignees,affiliates,directors,officers,and employees('Indemnified Parties").Hach Is responsible for and will defend,indemnify and hold harmless the Buyer indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hash's breach of the Limited Warranty.This indemnification Is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privily with Buyer, 8.PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,Indemnify Buyer from any and all damages and costs as finally determined by a court of cempetenljurisdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has Issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses insured by Buyer in defense of such suit lt Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(I)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(ii)the right to participate In the defense of such suit when products other then those of Hach are also involved.Hash's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hash's specifications.In case the Products are in such suit held to constitute infringement and the use of the Products Is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with nominfiinging products,or modify them so they become non-Infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing states the entire lability of Hach for patent infringement by the Products.Further,to the same extent as set forth In Hash's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to Is)any goods manufactured to the Buyers design,(y)services provided In accordance with the Buyers Instructions,or(z)Hash's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11.SOFTWARE:. All licenses to Hash's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and for all other software,Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable hoonsor(s). 12.PROPRIETARY INFORMATION;PRIVACY: 'Proprietary information-means any information,technical data or know-how In whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, Including but not limited to service and maintenance manuals.Buyer and Its customers,employees and agents will keep cenfidentiat all such Proprietary Information obtained directly or Indirectly from Hach and will not transfer or disclose it without Hash's prior written consent,or use it for the manufacture,procurement,servicing or cal bratlon of Products or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hash's property.No right or license is granted to Buyer a its customers,employees or agents,expressly or by implication,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers Information and personal data in accordance with Its Privacy Policy,located at hllo Pvww hash c M ac Dolt. 13.CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to Incorporate such changes or improvements to Products ordered by Buyer unless agreed upon In writing before the Products'defivery date.Services which must be performed as a result of any of the following condlllons are subject to additional charges for labor,travel and parts:(a)equipment afterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the instrument Is not designed to operate or is not in accordance with Hash's op eraf ng manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(i site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturers specifications upon activation of a service agreement. 14.SITE ACCESS I PREPARATION/WORKER SAFETY I ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect Its data against loss,damage or destruction before services are performed.Buyer Is the operator and in full control of its premises,including those areas where Hach employees or contactors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations dudag the performance of services.Buyer Is the generator of any resulting wastes,Including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at Its avn expense.Buyer will,at its own expense,provide Hach employees and contactors working on Buyers premises with all information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Space,as that term is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced In an unconfined space.Hach service technicians will not work In Confined Spaces.In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to oiler,amend,limit or supersede any part of this Contract. 15.LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those Identified in Hash's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or am mats.In no event will Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach Is Page 6 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 Headquarters {i'ehSile: www.liach.coni Remittance T`' ►_ P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 cEhn�lea PROGR,Sh15 Loveland,CO 80539-0389 Wre Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified In this Contract,Buyer Is responsible for obtaining any required export or import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the Installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having proper jurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,re-export,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or reexport any Hach Products or technology for use in activities which Involve the design,development,production,use or stockpiling of nuclear,chemical or blologlerl weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will complywilh all local,national,and other laws of all jurisdictions globally relating to anticorruption,bribery.extortion,kickbacks,or similar matters which are applicable to Buyers business activities In connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the'FCPA").Buyer agrees that an payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or Indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or Influence to obtain or retain an improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence In extortion,kickbacks m other unlawful or Improper means of obtaining business or any Improper advantage,with respect to any of Buyers acAMlles related to this Contract.Hach asks Buyer to'Speak Upl'if aware of any violation of law,regulation or our Standards of Conduct('SOC')in rotation to this Contract.See httD'//danah r n r'n1 arN-and�molan a and wwvr.danahennlegritv.com for a copy of the SOC and for access to our Helpine portal. 17.FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or Import license or the suspension or revocalion thereof,or any other acts of any Government;fires,floods,severs weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; Insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays in deliveries to Hach by third parties.In the even(of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to Insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the leans or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as if ra waiver had occuned. 19.LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,Incidental or consequential damages,Including without limitation,damage to or loss of property other than for the Products purchased hereunder;damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyers customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20.APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the Stale of Colorado,without regard to Its principles or laws regarding congicls of laws.If any provision of this Contract violates any Federal,Stale or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without affecting the vakdity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated In order of preference by a court of competent jurisdiction(I)In the State of Colorado,U.S.A.If Buyer has minimum contacts with Colorado and the U.S.,(II)elsewhere In the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(Ili)In a neutral location if Buyer does not have minimum contacts with the United Stales. 21. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or Inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially after the Terms&Conditions herein and Irrespective of Hach's acceptance of Buyers order for the described goods and services. Page : I of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 Headquarters fflebSite: www.hach.com Rearittaum _=gW P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 UrlIFIEG PROGRAMS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Version : 0.121 Number: HACH253042 Hach Company Service Partnership Service Partnership Contact Looney,Heather C Phone Email hlooney@hach.com Customer Ref PO-17-00100376-138 Customer Contact: BATTISE,RUSSELL Customer Phone 817-392-8254 Customer Fax: 817-392-8410 Customer Email : Russell.Battise@FortWorthte xas.gov Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 Billing Method: Annual-Invoices on START Date Address] 1500 11TH AVE Address] 1500 11TH AVE Currency: USD Address2 Address2 Address3 Address3 City,State, FORT City,State, FORT PostalCode WORTH-TX-761024350 Postalcode WORTH-TX-76102-4349 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number I WRTUPGCERT1720E 17-SEP-18 16-SEP-19 WarrantyPlus Certification plan for 5,538.00 1720E Turbidity with 1 visit:I 7-S EP-2018:16-SEP-2019 Warranty upgrade includes:All parts, labor,and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification,unlimited technical support calls,and free firmware updates.Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit.Standard business hours are 8am-5pm M-F local time,excluding holidays.Please see service terms and conditions for additional details on our service plans,and to ensure Page 2 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 Headquarters !l ebSite: www.hach.coni Remittance --� F_ P.O.Boa 389 2207 Collections Center Dr T 5600 Lindbergh Drive Chicago,IL 60693 UP PRn6Fhtd5 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 you have an opportunity to review our environmental and safety requirements. 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;050100006792 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000618 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000620 1.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000623 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000637 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075035 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;080600075122 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;080600075035 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;050700011108 1.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000634 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075039 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000631 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 050700011115 2 PMP-2100N-1V 17-SEP-18 16-SEP-19 PMP-210ON LAB TURB-1V 255.00 (FRV1):17-SEP-2018:16-SEP-2019 2.1 4700000 oo 2100N LAB TURB, EPA 1821 ; 970700003696 3 BSPPLUSSL1000 17-SEP-18 16-SEP-19 BenchPlus 533.00 S L 100 0:17-SEP-2 018:16-SEP-2 01 9 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 3.1 9430000 ee ASSY, INSTRUMENT,SL1000 ; 151740100661 4 FSPSC200 17-SEP-18 16-SEP-19 Fld Svc-1V SC200 1,890.00 Controller:17-SEP-2018:16-SEP-20 19 4.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611CO164380 -�. . Page : 3 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 Headquarters IlebSti wyvw.11ach.com Remittance P.O.Box 389 2207 Collections Center Dr roilaxyman . 5600 Lindbergh Drive Chicago,IL 60693 �EF1I�IEC•PF.OG.'.'.rh Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of Arnerica 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 4.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139643 4.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164385 4.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164376 4.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164383 4.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C01 64384 4.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 CO148030 4.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611CO148007 4.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1611CO148015 5 HACH PM 1 VISIT 17-SEP-18 16-SEP-19 1 ON SITE 0.00 VISIT:1 7-SEP-2018:16-SEP-2019 5.1 FIELD CONTRACT Field Service Contract site visit; SITE HACH253042 Sub Total: 8,216.00 Tax: 0.00 Total: 8,216.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TICS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(i)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name : CITY OF FORT WORTH Customer P.O.Number Customer Reference Number TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado('Hach')and sold to the original purchaser thereof("Buyer").Unless otherwise specifically stated herein,the term"Hach'includes only Hach Company and none or its affiUates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services('P(oducls"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale('ContracC)in accordance with these Terms&Conditions:(i)Buyers issuance of a purchase order document against Hach's offer;(it)acknowledgement of Buyers order by Hach;or(in)commencement or any performance by Hach pursuant to Buyer's order.Provisions contained in Buyer's purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a pad of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense wihin 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)days prior written notice and refunds will be Page : 4 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 Headquarters {{'ebSite: www.hach.coni Rehuittance ` P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 CER711i PROGRAMS Loveland,CO 80539-0389 iVire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 prorated based on the duration of the service plan.Inspections and reinstatement fees may applyupon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability lithe order includes any Products that Seller determines may not comply with export,safety,local codification,or other applicable compliance requirements. 3.DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,If no time is specified,within Hach's normal lead-lime necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4.INSPECTION: Buyer will promptly Inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.in the event the Products do not conform to any applicable specifications-Buyer will promptly notify Hach of such nonconformance In writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not recelved by Hach within thirty(30)days of delivery. 5.PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on defivery as stated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, Income or royally taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made In U.S.dollars.For Internet orders,the purchase price Is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the Invoice without regard 10 delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account staled on the front of Hach's invoice,or for customers with no established credit,Hach may require rash or credit card payment in advance of delivery.In the event payments are not made or not made In a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)deciare Buyer's performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(a)deliver future shipments on a cash-withorder or cash-in-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum tale permitted by law.If lower,for each month or part thereof of delinquency In payment plus applicable storage charges andfor inventory carrying charges;(a)repossess the Products for which payment has not been made;(1)recover all costs of collection including reasonable attorneys fees;or(g)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of Its affiliates.Should Buyer's financial responsibility become unsatisfactory to Hach In its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements.Hach may treat such(allure as reasonable grounds for repudiation of this Contract,In which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest In the Products to secure payment In PoII,which payment releases the security Interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankmptcy Code or other applicable laws.Buyers Insolvency,bankruptcy,assignment for the benefit of creditors,or Issolutlon or lamination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies slated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects In material and workmanship and will,when used in accordance with the manufacturer's operating and maintenance instructions,conform to any express written warranty pertaining to the spec goods purchased,which for most Hach instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder wig be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new pads.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without imitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,Including implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty Is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of Its essential purpose so long as Hach is willing to provide such replacement,credit or refund. B.INDEMNIFICATION: Indemnification apples to a party and to such parlys successors-in-interest,assignees,affiliates,directors,officers,and employees('Indemnified Parties").Hach is responsible for and wit defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This Indemnification Is provided on the condition that the Buyer is likewise responsible for and will defend,Indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,Injury,damage,or death due to the negligence m misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privily with Buyer. 9.PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,Indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction In any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member stale of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(I)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(ill)the right 10 participate in the defense of such suit when products other than those of Hach are also involved.Hach's warranty as to use patents only applies to Infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined,Hach will,at Its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-Infringing products,or modify them so they become non-Infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing stales the entire#ability of Hach for patent Infringement by the Products.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, Indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyer's design,(y)services provided in accordance with the Buyer's instructions,or(z)Hach's Products when used In combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11.SOFTWARE:. All licenses to Hach's separaley-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and for a#other software,Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software Is distributed.Buyer agrees that it will be bound by any and all such ficense agreements.Tllle to software remains with the applicable ficensor(s). 12.PROPRIETARY INFORMATION;PRIVACY: 'Proprietary Information"means any Information,technical dale or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, Including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or Indirectly from Hach and will not transferor disclose it without Hach's prior written consent,or use it for the manufacture,procurement,servicing or calibration of Products many similar products,or cause such products to be manufactured,serviced or calibrated byor procured from any other source,or reproduce or otherwise appropriate It.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or Its customers,employees or agents,expressly or by Impgcetm,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customer's information and personal data in accordance with its Privacy Policy,located at htInJAw hack conodvacvoofyv_. 13.CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Products ordered by Buyer unless agreed upon In writing before the Products delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized In writing by Hach;(b)damage resulting from Improper use or handling,accident,neglect,power surge,or operation In an environment or manner in which the Instrument Is not designed to operate or is not In accordance with Hach's operating v Page 5 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 Headquarters N'ehSi►e: www.liach.coni Remittance P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 CEhi1F1E0 PROGRAMS Loveland,CO 80539-0389 !i'fre Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,iL 60604 Account:8765602385 Routing(ABA):026009593 manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(e)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturers specifications upon actuation ale service agreement. 14.SITE ACCESS I PREPARATION/WORKER SAFETY I ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equlpment.Buyer assumes full responsibility to back-up or otherwise protect Its data against loss,damage or destruction before services are performed.Buyer Is the operator and In full control of its premises,Including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer is the generator of any resulting wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at is own expense,provide Hach employees and contractors working on Buyers premises with all information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Spars,as that term is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced In an unconfined space.Hach service technicians will not work in Confined Spaces.In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.The attendance at or completion of such training does net create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15.LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those Identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,In no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no eventwit Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void If any goods covered by such warranty are used for any purpose not permitted hereunder. 16.EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or Import licenses.Hach represents that all Products delivered hereunderwill be produced and supplied in compliance with all applicable laws arid regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,Including applicable import and export central laws and regulations of the U.S.,E.U.and any other country having properjurisdiclbn,and will obtain all necessary export immses in connection with any subsequent export,re-export,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or re-export any Hach Products or technology for use in activities which Involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology In any facility which engages In activities relating to such weapons.Buyer will comply with all local,national,and other laws of all jurisdictions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyers business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the'FCPA').Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,polifical party,political party official,or candidate for any government office or political party once to induce such organizations or persons to use their authority or influence to obtain or retain an Improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence in extortion,kickbacks or other unIavduI or improper means of obtaining business or any improper advantage,with respect to any of Buyers activities related to this Contract.Hach asks Buyer to•Speak Upl'if aware of any violation of law,regulation or our Standards of Conduct('SOC')in relation to this Contract.See htL/ldanaher.rom4nleoriN-and-comoiance and www danaherinteorit-for a copy of the SOC and for access to our Helpllne portal. 17.FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation[hereof,or any other acts of any Government;fires,floods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; Insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays In deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or In breach thereof. 18,NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or Interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be censured as thereafter waiving any such terms,conditions,rights,or privileges,and the some will continue and remain in force and effect as If no waiver had occurred. 19.LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder;damages incurred in Installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(Including negligence,strict liability orotherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder of Hach's obligations In conneclion with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20.APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is Illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competentjurisdiclion(i)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but net Colorado,or(lit)in a neutral location if Buyer does not have minimum contacts with the United States. 21.ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written Instrument specifically referencing that It is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or Inconsistent Terms&Conditions of Sate offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and Irrespective of Hach's acceptance of Buyers order for the described goods and services. ,. Page 1 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 Headquarters WebSite: www.liach.com Remittance T P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 ER IFIEo FP.OGRhM3 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Clucago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Version : 0.223 Number: HACH252718 Hach Company Service Partnership Service Partnership Contact Looney,Heather C Phone Email hlooney@hach.com Customer Ref PO-17-00100376-139 Customer Contact: TERRY,SCOTT Customer Phone 817-392-5930 Customer Fax : (817) Customer Email : scott.terry@fortworthgov.org 392-5939 Bill-To Account#208256 Ship To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 (ROLLING HILLS WTP) Billing Method: Annual-Invoices on START Date Address 1500 11TH AVE Addressl 2500 SE LOOP 820 Currency: USD Address2 Address2 Address3 Address3 City,State, FORT City,State, PostalCode WORTH-TX-761024350 Postalcode FORT WORTH-TX-76140 Province/ us Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 WRTUPGCERT1720E 17-SEP-18 16-SEP-19 WarrantyPlus Certification plan for 10,650.00 1720E Turbidity with 1 visit:17-SEP-2018:16-SEP-2019 Warranty upgrade includes:All parts,labor,and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification,unlimited technical support calls,and free firmware updates.Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit.Standard business hours are 8am-5pm M-F local time,excluding holidays.Please see service terms and conditions for additional details on our service plans,and to ensure Page 2 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 Hearlrluarters lf'ebSite: wwtv.hach.coni Remittance Boa 389 2207 Collections Center Dr T' 5600 Lindbergh Drive Chicago,IL 60693 ct�,iFiEn MOG"a-is Loveland,CO 80539-0389 Wire Transfers• Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 you have an opportunity to review our environmental and safety requirements. 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064799 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064800 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064801 1.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064803 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064804 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064805 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071100064807 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071100064808 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071100064814 1.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071100064818 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;081000127057 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;081000127058 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;081000127063 1.14 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;081000127064 1.15 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;081000127072 1.16 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 120808211335 1.17 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071100064752 1.18 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 140600497652 1.19 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 130308218418 1.20 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;081000127054 1.21 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 081000127052 1.22 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067928 1.23 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 0711000647941 1.24 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 160300053780 ri Page : 3 of 6 ( HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 Headquarters {PehSite: mm.hach.com Remittance P.O.Box 389 2207 Collections Center Dr T 5600 Lindbergh Drive Chicago,IL 60693 CEF WfF c-•FftDO'AM^ Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1.25 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;071100064802 2 PMP-210ON-IV 17-SEP-18 16-SEP-19 PMP-210ON LAB TURB-1V 255.00 (FRV1):17-SEP-2018:16-SEP-2019 2.1 4700000 oo 210ON LAB TURB, EPA 1821 ; 000900006418 3 BSPPLUSSL1000 17-SEP-18 16-SEP-19 BenchPlus 533.00 S L 1000:17-SEP-2018:16-SEP-201 9 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 3.1 9430000 ee ASSY, INSTRUMENT, SL1000 ; 160280101375 4 FSPSC200 17-SEP-18 16-SEP-19 Fld Svc-1V SC200 4,830.00 Controller:1 7-SEP-2018:16-SEP-20 19 4.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1602CO137859 4.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155273 4.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129796 4.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155272 4.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129799 4.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1602CO129794 4.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO137867 4.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129792 4.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155274 4.10 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1602CO137869 4.11 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129800 4.12 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO137856 4.13 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129795 4.14 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129808 4.15 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1602CO155269 Page 4 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 Headquarkrs 1►'ehSile: www.hach.coip Remittance Ta P.O.Box 389 2207 Collections Carter Dr 5600 Lindbergh Drive Chicago,IL 60693 .Cf TI-Ml PROGRAMS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:9765602385 Routing(ABA):026009593 4.16 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155270 4.17 LXV404.99.05552 sc200 CONTR, 100-240V,2 DIG CONN, HART, HACH ; 1302CO074821 4.18 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1207CO045010 4.19 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1207CO054930 4.20 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1602CO155291 4.21 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155292 4.22 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 161000138314 4.23 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1405CO095606 5 BSPPLUSDR3900 17-SEP-18 16-SEP-19 Bench Plus-DR3900:17-SEP-2018: 867.00 16-SEP-2019 The Bench Service Plus includes: Factory repairs only,one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 5.1 LPV440.99.00012 db as DR3900 SPECTROPHOTOMETER WITH RFID; 1614614 6 HACH PM 2 VISIT 17-SEP-18 16-SEP-19 2 ON SITE 0.00 VISITS:17-SEP-2018:16-SEP-2019 6.1 FIELD CONTRACT Field Service Contract site visit; SITE HACH252718 Sub Total: 17,135.00 Tax: 0.00 Total: 17,135.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name CITY OF FORT WORTH Customer P.O.Number Page : 5 of 6 HACH SERVICE PARTNERSHIP Partnership Nwnber: HACH252718 Headquarters ii'ebSite: www.hach.com Remittance T d P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 '.ErlIFIEO PROURAMS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Customer Reference Number TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured andlor supplied,and services provided,by Hach Company of Loveland,Colorado('Hach')and sold to the original purchaser thereof('Buyer').Unless otherwise specifically slated herein,the term'Hach'includes only Hach Company and none of its affiliates.Unless otherwise specifically staled in a previousty-execuled written purchase agreement signed by authorized represeelatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods andlor services('Products'). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and Involce documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale('Contract)in accordance with these Terms&Conditions:(i)Buyers issuance of a purchase order document against Hach's offer;(if)acknowledgement of Buyers order by Hach:or(iii)commencemento(any performance by Hach pursuant to Buyers order.Provisions contained In Buyers purchase documents(Including electronic commerce Interfaces)that materially after,add to or subtract from the provisions of these Terns&Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancef goods orders subject to fair charges for Hach's expenses including handling,Inspection,restocking,freight and invoicing charges as applicable,provided(hat Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and In the same condition as received.Buyer may cancel service orders on ninety(00)days prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination lvithin the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter International waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly Inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance In writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at Its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a wriflen notification is not received by Hach within thirty(30)days of delivery. 5. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as slated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges Imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price Is due at the time and manner set forth at www harch-corn Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account staled on the front of Hach's invoice,or for customers with no established credit,Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a cash-with-order or cash-Inadvance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-12q per month or the maximum rate permitted by law,If fewer,for each month or part thereof of delinquency in payment plus applicable storage charges and/or Inventory carrying charges;(a)repossess the Products for which payment has not been made;(p recover all costs of collection including reasonable attorneys fees;or(g)combine any of the above rights and remedies as Is practicable and permitted by law.Buyer Is prohibited from setting off any and all monies owed under [his from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach In its reasonable discretion,Hach may require cash payment or other security.If Buyer falls to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,In which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest in the Products to secure payment In full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers Insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used In accordance with the manufacturers operating and maintenance Instructions,conform to any express written warranty pertaining to the specific goods purchased,which(or most Hach Instruments Is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects In workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be now or refurbished parts functioning equivalent to now parts.Any non-runctioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable Items such as,without fimilalion,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or Implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting This Limited Warranty Is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement,credit or refund. 8.INDEMNIFICATION: Indemnification apples to a party and to such partys successors-in-interest,assignees,affiliates,directors,officers,and employees('Indemnified Parties').Hach is responsible for and will defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,Injury,damage,or death due to Hach's breach of the Limited Warranty.This Indemnification is provided on the condition that the Buyer Is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. g. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction In any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use In a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses Incurred by Buyer in defense of such suit If Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach elther(1)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(li)the right to participate in the defense of such suit when products other than those of Hach are also involved.Hach's warranly as to use patents only applies to Infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are In such suit held to constitute infringement and the use of the Products is enjoined.Hach will,at its own expense and at Its option,either procure for Buyer the right to continue using such Products or replace them with noMnfuleging products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing stales the entire liability of Hach for patent infringement by the Products.Further,to the same extent as set forth In Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided in accordance wllh the Buyers instructions,or(z)Hach's Products when used in combination with any other devices,pads or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Page : 6 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 Headquarters WebSite: www.hach.com Remittance jaP.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,iL 60693 :rF rl96r•.PROGRAMS Loveland,C080539-0389 hire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,fL 60604 Account:8765602385 Routing(ABA):026009593 Buyer agrees not to remove or alter any Indicia of manufacturing origin or patent numbers contained on or within the Products,inGuding without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11.SOFTWARE:. All licenses to Hach's separatety-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and for all other software,Hach greats Buyer onty a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed-Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable licensor(s). 12.PROPRIETARY INFORMATION;PRIVACY: 'Proprietary Information'means any information,technical data or know-how In whatever form,whether documented,contained In machine readable or physical cemponents,mask works or artwork•or otherwise,which Hach considers proprietary, Including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or Indirectly from Hach and will not transfer m disclose it without Hach's prior written consent,or use it for the manufacture,procurement,servicing or calibration of Products or any similar products,or cause such products to he manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate It.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customer's Information and personal data in accordance with[Is Privacy Policy,located at oo6cv. 13,CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to Incorporate such changes or improvements to Products ordered by Buyer unless agreed upon in writing before the Products delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized In writing by Hach;(b)damage resulting from Improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the Instrument is net designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturers specifications upon activation of a service agreement. 14.SITE ACCESS f PREPARATION/WORKER SAFETY/ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,Including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer wil ensure that all necessary measures are taken for safety and security of working conditions,sites and Installations during the performance of services.Buyer is the generator of any resulting wastes,including without rimilation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working ve Buyers premises with all information and training required under applicable safety compliance regulations and Buyer's policies.If the instrument to be serviced is in a Confined Space,as that term Is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work In Confined Spaces.In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such[reining attended.The aileadarim at or completion of such training does not create or expand any warranty or oblige flon of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15.LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those Identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use In any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void If any goofs covered by such warranty are used for any purpose not permitted hereunder. 16.EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified In this Contract,Buyer Is responsible for obtaining any required export or Import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,inGuding applicable import and export control laws and regulations of the U.S.,E.U.and any other country having proper Jurisdiction,and will obtain all necessary export licenses In connection with any subsequent export,reexport,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or re-export any Hach Products or technology for use In activities which Involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages in aclMliss relating to such weapons.Buyer will comply with all local,national,and other laws of ail Jurisdictions globally relating to anflt rmpfi bribery,extortion,kickbacks,or similar matters which are applicable to Buyer's business activities in wnnection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the'FCPA').Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or pollliwl party office to lndum such organizations or persons to use their authority or Influence to obtain or retain an Improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence In extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any or Buyer's activities related to this Contract.Hach asks Buyer to"Speak Upl"if aware of any violation of law,regulation or our Standards of Conduct('SOC')in relative to this Contract.See hth,J/danaher wmfintearity-and-comofance and vnvw danaheri tearitv corm for a cepy of the SOC and for access to our Helpflne portal. 17.FORCE MAJEURE: Hach Is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond Its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation thereof,or any other acts of any Government;fires,f oods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; Insurrections;civil disobedience or acts of criminals or teffodsts;war;material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any form majeure circumstances,the pedal of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed In default or In breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prlorwritlen consent.Failure of either party to Insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will net be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in farm and effect as If no waiver had occurred. 19.LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without imitation,damage to or loss of property other than for the Products purchased hereunder;damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever mused,and whether based on warranty,contract,and/or tort(Including negligence,strict liability orotherwise).The total liability of the Hach Indemnified Parties arising out of the pedamumm or nonperformance,hereunder or Hach's obligations In connection with the design,manufacture,sale,delivery,and/or use of Products will in rm circumstance exceed In the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20.APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,Interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the Slate of Colorado,without regard to its principles or laws regarding conflicts of laws.If any prevision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute retailing to this Contract which is not resolved by the parties shall be adjudicated In orderof preference by a court of mmpetentjurisdiclion(I)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(Ili)elsewhere In the U.S.if Buyer has minimum contacts with the U.S,but not Colorado,or(lit)in a neutral location if Buyer does not have minimum contacts with the United States. 21.ENTIRE AGREEMENT&MODIFICATION: These Terms$Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless In a written Instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods end services. Page ; 1 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 Headquarters webSite: www.hach.com Remittance s=_Ow P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 -Er MMO PROGRAMS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Version : 0.144 Number: HACH253030 Hach Company Service Partnership Service Partnership Contact Looney,Heather C Phone Email hlooney@hach.com Customer Ref PO-17-00100376-140 Customer Contact: BATTISE,RUSSELL Customer Phone 817-392-8254 Customer Fax : 817-392-8410 Customer Email : Russell.Battise@FortWorthte xas.gov Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 SOUTH HOLLY Billing Method: Annual-Invoices on START Date Address 1500 11TH AVE Addressl 1511 11TH AVE Currency: USD Address2 Address2 Address3 Address3 City,State, FORT City,State, FORT WORTH-TX-76102 PostalCode WORTH-TX-761024350 Postalcode Province/ us Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 WRTUPGCERT1720E 17-SEP-18 16-SEP-19 WarrantyPlus Certification plan for 6,816.00 1720E Turbidity with 1 visit:17-SEP-2018:16-SEP-2019 Warranty upgrade includes:All parts, labor,and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification ,unlimited technical support calls,and free firmware updates.Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit.Standard business hours are 8am-5pm M-F local time,excluding holidays.Please see service terms and conditions for additional details on our service plans,and to ensure - Page : 2 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 \_ Headquarters IiebSile: %vww.haclt.cont Remittance ` F. P.O.Box 389 2207 Collections Center Dr T' 5600 Lindbergh Drive Chicago,IL 60693 H,i it,,FF0r, Ar•+s Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 you have an opportunity to review our environmental and safety requirements. 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000626 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000627 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000628 1.4 LPV417.99,00002 1720E LR TURBIDITY SENSOR, HACH ;070300000629 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000630 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000632 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000633 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000638 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ;070300000640 1.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075040 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 111208204733 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 111208204740 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 111208204745 1.14 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 060300054102 1.15 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 060300015853 1.16 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000637 2 PMP-2100N-1V 17-SEP-18 16-SEP-19 PMP-210ON LAB TURB-1V 510.00 (FRV1):17-SEP-2018:16-SEP-2019 2.1 4700000 oo 2100N LAB TURB, EPA 1821 ; 090900025405 2.2 4700000 oo 2100N LAB TURB, EPA 1821 ; 970700003698 3 BSPPLUSSL1000 17-SEP-18 16-SEP-19 BenchPlus 533.00 S L 10 00:17-SEP-2018:16-SEP-201 9 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. Page 3 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 Headquarters WehSite: w\vw.hach.con1 Remittance P.O.Box 389 2207 Collections Center Dr T' 5600 Lindbergh Drive Chicago,IL 60693 ceFn=Ih0 FRDG:t.V Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 3.1 9430000 ee ASSY, INSTRUMENT, SL1000 ; 170860102501 4 FSPSC200 17-SEP-18 16-SEP-19 Fld Svc-1V SC200 1,890.00 Controller:1 7-SEP-2018:16-SEP-20 19 4.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 CO148010 4.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139645 4.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C01 39656 4.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1611 C0164374 4.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1611CO148034 4.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1611CO139632 4.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1611CO164404 4.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611CO139634 4.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611CO148005 5 HACH PM 1 VISIT 17-SEP-18 16-SEP-19 1 ON SITE 0.00 VISIT:1 7-SEP-2018:16-SEP-2019 5.1 FIELD CONTRACT Field Service Contract site visit; SITE HACH253030 Sub Total: 9,749.00 Tax: 0.00 Total: 9,749.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TICS,subject to Hach's final credit approval:(i)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(III)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name CITY OF FORT WORTH Customer P.O.Number Customer Reference Number TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado(°Hach")and sold to the original purchaser thereof("Buyer).Unless otherwise spec fcally stated herein,the term"Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically stated In a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Page : 4 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 Headquarters WebSite: www.liach.com Remittance T t P.O.Box 389 2207 Collections Center Dr Sfi00 Lindbergh Drive Chicago,IL 60693 :=LF r141617•FP.OURAMS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services('Products'). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale('Contract")in accordance with these Terms&Conditions:(I)Buyers Issuance of a purchase order document against Hach's offer;(il)acknowledgement of Buyers order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyers order.Provisions conlained In Buyers purchase documents(including electronic commerce Interfaces)that materially alter,add to or subtract from the provisions of these Terns&Conditions of Sale are note part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,Inspeclion,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and In the same condition as received.Buyer may cancel service orders on ninety(90)days prlorwritten notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability If the order includes any Products that Seller determines may rat comply with export,safety,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located In Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal We and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter International waters or airspace or cross an International frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-lime necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4.INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promplly,notify Hach of such nonconformance in willing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance In the event such a written notification is not received by Hach within thirty(30)days of delivery. 5, PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as stated above.Prices do not Include any charges for services such as insurance;brokerage fees;sales,use.Inventory or excise taxes;import or export duties;special financing fees;VAT, Income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the produclion,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made In U.S.dollars.For Internet orders,the purchase price Is due at the time and manner set forth at rcxw hack cam.Invoices for all other orders are due and payable NET 30 DAYS from dale of the Invoice without regard to delays for Inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account staled on the front of Hach's Invoice,or for customers with no established credit,Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made Ina fimely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a cash-wilhorler or cash-inadvance basis even after the delinquency is cured;(d)charge Interest on the delinquency at a rate of 1-112%per month or the maximum rate permitted by law.It lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or Inventory carrying charges;(e)repossess the Products for which payment has not been made;(f)recover all costs of collection including reasonable attomey's fees;or(g)combine any of the above rights and remedies as is practicable and pencilled bylaw.Buyer Is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or maybe due Buyer,which arise out of a different transaction with Hach or any of Its affiliates.Should Buyers financial responsiblity become unsatisfactory to Hach In its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest in the Products to secure payment in full,which payment releases the security Interest but only If such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies slated above for late payment or non-payment. 7, LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects In material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments Is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety 190)days from the completion of the services.Parts provided by Hach in the performance of services maybe new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without Imitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fatness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement,credit or refund. 8.INDEMNIFICATION: Indemnification apples to a party and to such party's successors-In-Interest,assignees,affiliates,directors,officers,and employees('Indemnified Parties').Hach Is responsible for and will defend,Indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification is provided on the condilion that the Buyer Is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privily with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for and use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(if)the right to participate in the defense of such suit when products other than Nose of Hach are also involved.Hach's warranty as to use patents only apples to infringement arising solely out of the Inherent operation of the Products according to their applicatlons as envisioned by Hach's spedfications.In case the Products are in such suit hell to constitute infringement and the use of the Products is enjoined,Hach will,at Its own expense and at Its option,either procure for Buyer the right to continue using such Products or replace them with non-infringing products,or modify them so they become non-Infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing stales the entire liability of Hach for patent infringement by the Products.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided In accordance with the Buyers instructions,or(z)Hach's Products when used In combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any Indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11.SOFTWARE:. All licenses to HacKs separately-provided software products are subject to the separate software fcense agreement(s)accompanying the software media.In the absence of such terms and for all other software,Hach grants Buyer only a personal, non-exclusive Ilcense to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist ofopen source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Tille to software remains with the applicable licensor(s). 12.PROPRIETARY INFORMATION;PRIVACY: Page 5 of 5 HACH SERVICE PARTNERSHIP Partnership Nwnber: BACH253030 Headquarters WebSile: www.liach.com Remittance P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 CEI:TIFIkO PROGRAMS Loveland,CO 80539-0389 iYire Tinnsfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 'Proprietary Information'means any information,technical data or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, Including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents vnll keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture,procurement,servicing or calibration of Products or any similar products,or muse such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license Is granted to Buyer or Its customers,employees or agents,expressly or by Implication,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customer's information and personal data in accordance with Its Prrtacy Policy,located at me/Avww hach com/odvacycoicv. 13.CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without I1abIRy or obligation to incorporate such changes or improvements to Products ordered by Buyer unless agreed upon in writing before the Producls delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,pouter surge,a operation in an environment or manner In which the instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories net provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturer's specifications upon activation of a service agreement. 14.SITE ACCESS/PREPARATION/WORKER SAFETY/ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,Including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer wig ensure that all necessary measures are taken for safety and security of working conditions,sites and Installations during the performance of services.Buyer is the generator of any resulting wastes,Including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyer's premises with all information and training required under applicable safety compliance regulations and Buyer's policies.if the Instrument to be serviced is in a Confined Space,as that term is defined under OSHA regulations,Buyer is solely responsible to make It available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event that a Buyer requires Hach employees or cenlraclors to attend safety or compliance[raining programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15.LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified In Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer In writing,in no event will Buyer use any Products In drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use In any appficallon any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach Is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16, EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or import licenses.Hach represents that all Products delivered hereunder wig be produced and suppled in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the Installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having proper jurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,re-export,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or reexport any Hach Products or technology for use In activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology In any facility which engages in activities relating to such weapons.Buyervdll comply with all local,national,and other lam of ailjudsdiclions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyer's business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977.as amended(the'FCPA').Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned In part by a government,political parry,political party official,or candidate for any government office or political party office to Induce such organizations or persons to use their authority or influence to obtain or retain an Improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence In extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any of Buyer's activities related to this Contract.Hach asks Buyer to"Speak Up]*If aware of any violation of faw,regulation crour Standards of Conduct('SOC')in relation to this Contrad.See httorf/danaher mm4nteority-and—moianca and wow danaherintearitv.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,Including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export a import license or the suspension or revocation thereof,or any other acts of any Government;fires,floods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;dots;strife; Insurrections;civil disobedience or acts of criminals or terrorists;war,material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default a In breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract a any rights or Interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as[hereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as if no waiver had occurred. 19.LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder;damages incurred In Installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tat(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20.APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the Stale of Colorado,without regard to its principles or laws regarding con0ic[s of have.If any provision of this Contract violates any Federal.State or local statutes or regulations of any countries having jurisdiction of this transaction,or Is Illegal for any reason,said provision shall be selfdelegng without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in wnfing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competent jurisdiction(I)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(tit)in a neutral location if Buyer does not have minimum contacts with the United States. 21.ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shag be binding upon Hach unless iu a written Instrument specifically referencing that It Is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether a not such terms or conditions materially alter the Terns&Conditions herein and Irrespective of Hach's acceptance of Buyer's order for the described goods and services. Page I of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION T Headquarters ff'ebSite: www.hach.cotn Remittance mom P.O.Box 389 2207 Collections Center Dr :.er.n=i o cx%•sa.r.; 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Version : 0.107 Quotation Date 26-SEP-18 Number: HACH361497 Expiration Date 31-DEC-18 Hach Company Service Partnership Service Partnership Contact Looney, Heather C Phone Email hlooney@hach.com Customer Ref BUDGETARY QUOTE Customer Contact: PENA,JACOB Customer Phone 817-925-3347 Customer Fax: Customer Email . jacob.pena@fortworthtexas.g ov Bill-To Account#146932 Ship-To Account#146932 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 VILLAGE CREEK WTP Billing Method: Annual-Invoices on START Date Address 4500 WILMA LN Address) 4500 WILMA LN. Currency: USD Address2 Address2 Address3 Address3 City,State, ARLINGTON-TX-76012-540 City,State, PostalCode 9 Postalcode ARLINGTON-TX-76012-5409 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 FSPCL17 01-MAR-19 29-FEB-20 Fld Svc-2V CL17 8,386.00 C I(current):01-MAR-2019:29-FEB-2 020 Field Service includes all parts, labor,and travel for on-site repairs, two preventative maintenance visits per year(including required parts), unlimited technical support calls, and free firmware updates. 1.1 5440000 CL17 FINAL ASSEMBLY W/KITS ; 030700007768 1.2 5440000 CL17 FINAL ASSEMBLY W/KITS ; 080400022006 1.3 5440000 CL17 FINAL ASSEMBLY W/KITS ; 060800016525 1.4 5440000 CL17 FINAL ASSEMBLY W/KITS ; 090200308415 Page 2 of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION T' Headquarters {WehSile: www.hach.com Rernillance P.O.Box 389 2207 Collections Center Dr tEF11EIEC5 pn�e :,r.+� 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 ACCOUOL 8765602385 Routing(ABA):026009593 1.5 5440000 CL17 FINAL ASSEMBLY W/KITS ; 090200308518 1.6 5440000 CL17 FINAL ASSEMBLY W/KITS ; 100500360217 1.7 5440000 CL17 FINAL ASSEMBLY W/KITS ; 010900003467 2 FSP210ON 01-MAR-19 29-FEB-20 Fld Svc-1V 2100N 414.00 Turb:01-MAR-2019:29-FEB-2020 2.1 4700000 oo 210ON LAB TURB, EPA 1821 ; 020600007647 3 BSPPLUS2100P 01-MAR-19 29-FEB-20 BenchPlus-2100P:01-MAR-2019:2 379.00 9-FEB-2020 The Bench Service Plus includes: Factory repairs only,one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 3.1 4650000 oo 2100P PORTABLE TURBIDIMETER ; 080600029898 4 PMP-HQD-1V 01-MAR-19 29-FEB-20 PMP-HQd Series-1V(FRV 284.00 1):01-MAR-2019:29-FEB-2020 4.1 HQ30D HQ30d FLEXI PORTABLE METER ;080100016689 5 FSPUVASPRB 01-MAR-19 29-FEB-20 Fld Svc-2V UVAS 1,178.00 Sensor:01-MAR-2019:29-FEB-202 0 5.1 LXV418.99.90002 db UVAS sc PROBE,50mm ; 1391786 6 FSP1720E 01-MAR-19 29-FEB-20 Fld Svc-4V 1720E Turb 755.00 Sensor:01-MAR-2019:29-F E B-202 0 Field Service includes:All parts, labor,and travel for on-site repairs, 4 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see service terms and conditions for additional details on our service plans, and to ensure you have an opportunity to review our environmental and safety requirements. 6.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110420038554 7 FSPSOLITAX 01-MAR-19 29-FEB-20 Fld Svc-2V Solitax 3,237.00 Sensor:01-MAR-2019:29-FEB-202 -` Page 3 of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION T' Headquarters NehSite: www.hach.cotn Remittance P.O.Box 389 2207 Collections Center Dr cesn=it,rl RIC .r.+` 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Pnrcirase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 0 7.1 LXV423.99.00100 db TS-LINE sc/IMMERSION 50g/I WIPER SS ; 1469692 7.2 LXV423.99.00100 db TS-LINE sc/IMMERSION 50g/I WIPER SS ; 1469732 7.3 LXV423.99.10000 db T-LINE sc/IMMERS 4000NTU WIPER PVC ; 1602976 8 PMP-LDO-1V 01-MAR-19 29-FEB-20 PMP-LDO-1V(FRV 10,660.00 1):01-MAR-2019:29-FEB-2020 8.1 5790000 oo DO PROBE, HACH ; 1201411127 8.2 5790000 oo DO PROBE, HACH ; 0807410465 8.3 5790000 oo DO PROBE, HACH ; 0802410148 8.4 5790000 oo DO PROBE, HACH ; 0809410644 8.5 5790000 oo DO PROBE, HACH ; 0808410671 8.6 5790000 oo DO PROBE, HACH ; 1010410207 8.7 5790000 oo DO PROBE, HACH ; 1111410636 8.8 5790000 oo DO PROBE, HACH ; 1007410715 8.9 5790000 oo DO PROBE, HACH ; 1005410590 8.10 5790000 oo DO PROBE, HACH ; 1003411030 8.11 5790000 oo DO PROBE, HACH ; 1205413884 8.12 5790000 oo DO PROBE, HACH ; 1203410411 8.13 5790000 oo DO PROBE, HACH ; 1203410425 8.14 5790000 oo DO PROBE, HACH ; 0701410291 8.15 5790000 oo DO PROBE, HACH ; 1107410283 8.16 5790000 oo DO PROBE, HACH ; 1107410286 8.17 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 130670000026 8.18 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 130670000027 8.19 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 122350000008 8.20 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 142470000401 8.21 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 133470000015 Page : 4 of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION ~~�i " THeadquarters WehSite: Fyww.hach.Copj Remittance ' 't arP.O.Box 389 2207 Collections Center Dr EFIIIIEc.Fx:e::raas 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 8.22 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 132400000009 8.23 9020000 ASSY, PROBE, LIDO MODEL 2, HACH ; 132410000002 8.24 9020000 ASSY, PROBE, LDO MODEL 2, HACH ; 130442000003 8.25 9020000 ASSY, PROBE, LIDO MODEL 2, HACH ; 001010410216 8.26 9020000 ASSY, PROBE, LDO MODEL 2, HACH ;001107410803 9 FSPAN-ISE 01-MAR-19 29-FEB-20 Fld Svc ANISE Sensor 2 6,618.00 Visit:01-MAR-2019:29-FEB-2020 Field Service includes all parts, labor,and travel for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls,and free firmware updates. 9.1 LXV440.99.00002 as AN-ISE sc, HACH SENSOR w/RFID ; 1503002 9.2 LXV440.99.00002 as AN-ISE sc, HACH SENSOR w/RFID ; 1503637 10 FSPAMTAXSC 01-MAR-19 29-FEB-20 Fld Svc-2V Amtax SC 4,542.00 V.2006:01-MAR-2019:29-FEB-202 0 Field Service includes:All parts, labor,and travel for on-site repairs, 2 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls,and free firmware updates. Please see service terms and conditions for additional details on our service plans,and to ensure you have an opportunity to review our environmental and safety requirements.Coverage does NOT include Filtrax or Filterprobe. These units must be covered under a separate FSP offering. 10.1 LXV421.99.14002 AMTAX sc AMMONIA ANLZR 115-230V,2 CH ; 1639353 10.2 LXV421.99.14002 AMTAX sc AMMONIA ANLZR 115-230V,2 CH ; 1639354 11 FSPFILTRAX 01-MAR-19 29-FEB-20 Fld Svc-4V 5,910.00 Fi Itrax:01-MAR-2019:29-FEB-2020 11.1 LXV294.54.00000 db FILTRAX CONTROL MODULE, 115VAC ; 1651651 Page : 5 of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION T'��~�~ a� Headquarters NehSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr cEFn°iEu Paoc�.tire= 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 11.2 LXV294.54.00000 db FILTRAX CONTROL MODULE, 115VAC ; 1651816 12 BSPPLUSHQD440 01-MAR-19 29-FEB-20 Bench Plus-HQD440:01-MAR-2019: 465.00 29-FEB-2020 The Bench Service Plus includes: Factory repairs only,one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 12.1 HQ440D HQ440d BENCHTOP METER, MULTI ; 160300024248 13 BSPPLUSDR3900 01-MAR-19 29-FEB-20 Bench Plus-DR3900:01-MAR-2019: 898.00 29-FEB-2020 The Bench Service Plus includes: Factory repairs only,one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 13.1 LPV440.99.00012 db as DR3900 SPECTROPHOTOMETER WITH RFID ; 1661691 14 FSPSC200 01-MAR-19 29-FEB-20 Fld Svc-1V SC200 2,988.00 Controller:01-MAR-2019:29-FE B-2 020 14.1 LXV404.99.05552 sc200 CONTR, 100-240V,2 DIG CONN, HART, HACH ; 1302CO064909 14.2 LXV404.99.05552 sc200 CONTR, 100-240V,2 DIG CONN, HART, HACH ; 1303CO065459 14.3 LXV404.99.05552 sc200 CONTR, 100-240V,2 DIG CONN, HART, HACH ; 1303CO075412 14.4 LXV404.99.05552 sc200 CONTR, 100-240V, 2 DIG CONN, HART, HACH ; 1303CO075430 14.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 110659001888 14.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1211 CO050624 14.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1211CO060522 14.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 130059002262 Page 6 of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION I Headquarters WebSite: tvww.hach.com Remittance P.O.Box 389 2207 Collections Center Dr -Egli PR0111P:AM 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(A-BA):026009593 14.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC, 2 DIG, HACH ; 1312CO089927 14.10 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 161000138319 14.11 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1712CO147650 14.12 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1104C0008234 Sub Total: 46,714.00 Tax: 0.00 Total: 46,714.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(i)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name CITY OF FORT WORTH Customer P.O. Number Customer Reference Number TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado("Hach")and sold to the original purchaser thereof("Buyer').Unless otherwise specifically slated herein,the term"Hach"includes only Hach Company and none of his affiliates.Unless otherwise specifceIty staled in a meviously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services('Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale('Contract")in accordance with these Terms&Conditions:(i)Buyers issuance of a purchase order document against Hach's offer;(ii)acknowledgemert of Buyers order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyers order.Provisions contained in Buyers purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions or Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)day's prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability If the order Includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United Stales(lneeterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to[his Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance In writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days or delivery. S. PRICES&ORDER SIZES: ;. Page 7 of 8 s. HACH SERVICE PARTNERSHIP Partnership Number: I ACH361497 QUOTATION Headquarters WehSite: mvw.hach.cotn Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED PROGRAMS 5600 Lindbergh Drive Chicago,iL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 All prices are In U.S.dollars and are based on delivery as slated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,Inventory or excise taxes;Import or export duties;special financing tees;VAT, Income or royalty taxes Imposed outside the U.S.;consular fees;special permits or licenses;or other charges Imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price Is due at the time and manner set forth at wwwhach,com.Involces for all other orders are due and payable NET 30 DAYS from date of the Invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's Invoice,or for cuslomers with no established credit,Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a limey manner,Hach may,In addition to all other remedies provided at law,either:(a)declare Buyers performance In breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a cash-with-order or cash-In-advance basis even after the delinquency Is cured;(d)charge interest on the delinquency at a rule of 1-112%per"nth or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency In payment plus applicable storage charges andlor Inventory carrying charges;(a)repossess the Products for which payment has not been made;(1)recover all costs of collection including reasonable attorneys fees;or(g)combine any of the above rights and remedies as Is practicable and permitted by law.Buyer Is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which adse out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach in its reasonable discrelion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall he due Hach.Buyer grants Hach a security Interest in the Products to secure payment In full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers Insolvency,bankruptcy,assignment for the benefit of creditors,or issolulion or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured parry under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments is far a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder wig be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable Items such as,without imitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including Implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The We remedy for Products not meet ng this Limited Wamanty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose so long as Hach Is wiling to provide such replacement,credit or refund. 6.INDEMNIFICATION: Indemnification applies to a party and to such partys successors-in-interest,assignees,affiliates,directors,officers,and employees('Indemnified Parties').Hach is responsible for and will defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification Is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third parry affiliated or in privity with Buyer. g, PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,With respect to any Products of Hach's design or manufacture,Indemnify Buyer from any and all damages and costs as finally determined by a court of competentjudsdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has Issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses Incurred by Buyer In defense of such suit If Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Products of Hach only are Involved,or(it)the right to participate In the defense of such suit when products other than those of Hach are also Involved.Hach's warranty as to use patents only applies to Infringement arising solely out of the Inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Products Is enjoined,Hach will,at Its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-Infringing products,or modify them so they became non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing stales the entire liability of Hach for paten(Infringement by the Products.Further,to the same extent as set forth In Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided In accordance with the Buyers instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 1D. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within(he Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11. SOFTWARE% All licenses to Hach's separatety-provided software products are subject to the separate software license agreements)aaompanying the software media.In the absence of such terms and for all other software,Hach grants Buyer only s personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terns and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable licensods). 12.PROPRIETARY INFORMATION;PRIVACY: 'Proprietary Information'means any information,technical data or know-how in whatever form,whether documented,contalned in machine readable or physical components,mask works or artwork,or other se,which Hach considers proprietary, including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or Indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture,procurement,servicing or cabbralbn of Products or any similar products,or cause such products to be manufactured.serviced or caibraled by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers information and personal data In accordance with Its Privacy Policy,located at hlloPi vnv-hach.comlorivacvooicv. 13.CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to Incorporate such changes or Improvements to Products ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and pads:(a)equipment alterations not authorized in wrifing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner In which the Instrument Is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(1)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturers specifications upon activation of a service agreement. 14.SITE ACCESS/PREPARATION f WORKER SAFETY f ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and In full control of Its premises,Including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer Is the generator of any resulting wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyers premises wilh all information and training required under applicable safety compliance regulations and Buyers policies.If the Instrument to be serviced Is in a Confined Space,as that term is defined under OSHA regulations,Buyer Is solely responsible to make It available to be serviced in an unconfined space.Hach service technicians will not work In Confined Spaces.In the event[hat a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.Tho attendance at orcomplelion of such training does not create or expand any warranty or obligallon of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15.LIMITATIONS ON USE: Buyer wilt not use any Products for any purpose other than those identified In Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products In drugs,food additives,food or 1 Page : 8 of 8 HACH SERVICE PARTNERSHIP Partnership Number: HACH361497 QUOTATION I" Headquarters Website: wtvw.hach.cotn Re n fiance P.O.Box 389 2207 Collections Center Dr .ER11FIEO PROGRAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 cosmetics,or medical applications for humans or animals.In no event will Buyer use in any application any Product that requires FDA 5101 clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16.EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer Is responsible for obtaining any required export or Import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply vrith all laws and regulations applicable to the Installation or use of all Products,Including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having properjurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,reexpod,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or reexport any Hach Products or technology for use in activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biologicel weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will wmplywith all local,national,and other laws of all jurisdictions globally relating to anti-corruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyers business activities in connection vdth this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the'FCPA"),Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or Indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or political party office to Induce such organizations or persons to use their authority or Influence to obtain or retain an Improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence In extortion,kickbacks or other unlawful or improper means of obtaining business or any Improper advantage,with respect to any of Buyers activities related to this Contract.Hach asks Buyer to'Speak Upl"if aware of any violation of few,regulation or our Standards of Conduct('SOC')in relation to this Contract.See htlo-l/danaher comfnteerity-and-comokance and www danahermlegri(y.corn for a copy of the SOC and for access to our Helpline portal. 17.FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or Import license or the suspension or revocation thereof,or anyother acts of any Government;fires,floods,severe weather conditions,or anyother acts of God;quarantines;labor strikes or lockouts;dots;strife; insurrections;civil disobedience or acts of criminals or terrorists;war,material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend far six months,Hach may,at Its option,terminate this Contract without penalty and without being deemed In default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's priorwritlen consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as ti no waiver had occurred. 19.LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,Incidental or consequential damages,Including without imitation,damage to or loss of property other than for the Products purchased hereunder;damages Incurred in installation,repalr or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyers customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,sbid liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will In no circumstance exceed In the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20.APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any prevision of[his Contract violates any Federal,Stale or local statutes or regulations of any countries having jurisdiction of this transaction,or is Illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall he adjudicated in order of preference by a court of competentjurisdiclan(i)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(it)elsewhere In the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(III)in a neutral location If Buyer does not have minimum contacts with the United Stales. 21.ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shot be binding upon Hach unless In a written Instrument specifically referencing that it Is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or Inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and Irrespective of Hach's acceptance of Buyers order for the described goods and services. - Page : 1 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 Headquarters WehSite: www.hach.com Rentittanc•e . P.O.Box 389 2207 Collections Center Dr IG 5600 Lindbergh Drive Chicago,IL 60693 cEt n=iec.FPce=.r.r•+s Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602395 Routing(ABA):026009593 Partnership Version : 0.70 Number: HACH388757 Hach Company Service Partnership Service Partnership Contact Looney,Heather C Phone Email hlooney@hach.com Customer Ref PO-17-00100376-137 Customer Contact: XAVIER,CYRIAC Customer Phone 817-392-2742 Customer Fax: Customer Email : Cyriac.Xavier@fortworthgov. org Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 WESTSIDE WTP Billing Method: Annual-Invoices on START Date Address] 1500 11TH AVE Address] 12200 OLD WEATHERFORD Currency: USD RD Address2 Address2 Address3 Address3 City,State, FORT City,State, PostalCode WORTH-TX-76102-4350 Postalcode FORT WORTH-TX-76108 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 FSPCL17 17-SEP-18 16-SEP-19 Fld Svc-2V CL17 2,314.00 CI(current):17-SEP-2018:16-SEP-2 019 Field Service includes all parts, labor,and travel for on-site repairs, two preventative maintenance visits per year(including required parts), unlimited technical support calls, and free firmware updates. 1.1 5440000 CL17 FINAL ASSEMBLY W/KITS ; 110200390287 1.2 5440000 CL17 FINAL ASSEMBLY W/KITS ; 110500401792 2 FSPSC200 17-SEP-18 16-SEP-19 FId Svc-1V SC200 210.00 Controller:1 7-SEP-2018:16-SEP-2 0 19 2.1 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1105CO010637 3 PMP-HQD-lV 17-SEP-18 16-SEP-19 PMP-HQd Series-IV(FRV 274.00 --~�_ Page . 2 of 5 _ HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 Headquarters lPebsite: www.hach.com Reurittance t; -) P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 ERTI�IE6 PF:gG?l.lAi Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:9765602385 Routing(ABA):026009593 1):17-SEP-2018:16-SEP-2019 3.1 HQ411D HQ411d BENCHTOP METER, pH/mV; 120300068557 4 BSPPLUSSL1000 17-SEP-18 16-SEP-19 BenchPlus 533.00 S L 100 0:17-SEP-2018:16-SEP-2 01 9 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 4.1 9430000 ee ASSY, INSTRUMENT, SL1000 ; 160270101367 5 FSPTU52XX 17-SEP-18 16-SEP-19 Fld Svc TU52XX 1 558.00 V S T:17-SEP-2018:16-SEP-2019 Field Service includes:All parts, labor,and travel for on-site repairs, 1 comprehensive PM/calibrations per year,factory recommended maintenance(including required parts), unlimited technical support calls,and free firmware updates. Please see service terms and conditions for additional details on our service plans,and to ensure you have an opportunity to review our environmental and safety requirements. 5.1 LPV442.99.03012 KTO:TU5200, Lab Turb with RFID, EPA; 1704491 6 HACH PM 2 VISIT 17-SEP-18 16-SEP-19 2 ON SITE 0.00 VISITS:1 7-SEP-2018:16-SEP-2019 6.1 FIELD CONTRACT Field Service Contract site visit; SITE HACH388757 Sub Total: 3,889.00 Tax: 0.00 Total: 3,889.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(Ili)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract v Page : 3 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 Headquarters WebSite: www.liach.com Remittance P.O.Box 389 2207 Collections Center Dr T 5600 Lindbergh Drive Chicago,IL 60693 cLpn�laD Papa=;,lit, Loveland,CO 80539-0389 li'ire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Customer Name CITY OF FORT WORTH Customer P.O.Number Customer Reference Number TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado('Hach")and sold to the original purchaser thereof('Buyer).Unless otherwise specifically stated herein,the term"Hach"includes only Hach Company and none of its affOates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terns&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services('Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hatch's offer,order acknowledgment,and Invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale('Contract")in accordance with these Terms&Conditions:(1)Buyers issuance of a purchase order document against Hach's offer,(ill)ackrwwledgemenl of Buyers order by Hach;or(tit)commencement of any performance by Hach pursuant to Buyers order.Provisions contained in Buyers purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handing,Inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)days prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability if the order Includes any Products that Seller determines may not comply with export,safety,local codification,or other applicable compliance requirements. 3.DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal little and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4.INSPECTION: Buyer will promptly Inspect and accept any Products delivered pursuant to[his Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications.Buyer will promptly notify Hach of such nonconformance In writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. S. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as staled above.Prices do not include any charges for services such as Insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, Income or royalty taxes Imposed outside the U.S.;consular fees;special permits or licenses;or other charges Imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the tight to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price Is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the Invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account staled on the front of Hach's Invoice,or for customers with no established credit,Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made In a limey manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments unfit delinquent payments are made;(c)deliver future shipments on a rash-with-order oreash-In-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency In payment plus applicable storage charges and/or inventory carrying charges;(a)repossess the Products for which payment has not been made;(f)recover all costs of collection including reasonable attorneys fees;or(9)combine any of the above rights and remedies as Is practicable and permitted by law.Buyer is prohibited from selling off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach in its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security Interest In the Products to secure payment In full,which payment releases the security Interest but only If such payments could net be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or lamination of the existence of Buyer,constilules a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies slated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance Instructions,cenform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects In workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall became the property of Hach.No warranties are extended to consumable items such as,without imitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including Implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sets remedy for Products not meeting this Limited Warranty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose so long as Hach Is willing to provide such replacement,credit or refund. 8.INDEMNIFICATION: Indemnification applies to a parry and to such party's successors-im-interest,assignees,affiliates,directors,officers,and employees("Indemnifed Parties").Hach is responsible forand will defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This Indemnification is provided on the condition that the Buyer is likewise responsible for and will defend,Indemnify and hold harmless the Hach indemnified Parties against all losses,claims,expenses or damages which may result from accident,Injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in pdAly with Buyer. g. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnify Buyer from any and all damages and costs as finally determined by a court of competent jurisdiction in any suit for Infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses Incurred by Buyer in defense of such suit If Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(I)full and exclusive control of the defense of such suit when Products of Hach only are Involved,or(it)the right to participate in the defense of such suit when products other than those of Hach are also Involved.Hach's warranty as to use patents only apples to Infringement arising solely out of the Inherent operation of the Products according to their applications as envisioned by Hach's spec fcations.In case the Products are in such suit held to construle,infringement and the use of the Products is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non infringing products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated i` Page : 4 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 01 — �. Headquarters WebSile: www.hach.com Reafittance P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 :_LPTl-lun PROGRAMS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 for depreciation)and the transportation costs thereof.The foregoing stales the entire Nobility of Hach for patent Infringement by the Products.Further,to the same extent asset forth In Hach's above obligation to Buyer,Buyer agrees to defend, Indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided In accordance with the Buyer's instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11.SOFTWARE:. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and for all other software,Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific ficense under which the open source software Is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable licensor(s). 112.PROPRIETARY INFORMATION;PRIVACY: "Proprietary Information'means any information,technical data or know-how In whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, Including but not limited to service and maintenance manuals.Buyer and Its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will net transferor disclose ft without Hach's prior written consent,or use it for the manufacture,procurement,servicing or calibration of Products or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's properly.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses Implied by law.Hach will manage Customers Information and personal data In accordance with its Privacy Policy,located at huo/"xxa hoer`c_m/orivaryWky. 13.CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or Improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or Improvements to Products ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from Improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the Instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(it)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(1)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturer's specifications upon activation of a service agreement. 14.SITE ACCESS I PREPARATION I WORKER SAFETY!ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of Its premises,Including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and Installations during the performance of services.Buyer is the generator of any resulling wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyer's premises with all Information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Space,as that term is defined under OSHA regulations,Buyer Is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event that a Buyer requires Hach employees or conlractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard houry rate and expense reimbursement for such training attended.The attendance at or complellon of such training does not create or expand any warranly or obligation of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15.LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those idenlified in Hach's catalogs and literature as Intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use In any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warrant'granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16.EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified In this Contract,Buyer Is responsible for obtaining any required export or Import licenses.Hach represents that all Products delivered hereunder will be produced and supplied In compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,Inducting applicable Import and export control laws and regulations of the U.S.,E.U.and any other country having proper jurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,reexport,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or reexport any Hach Products or(ethnology for use in activities which Involve the design,development,produclion,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages In activities relating to such weapons.Buyer will complywilh all local,national,and other laws of all junsdidfons globally relating to anti-coruplion,bribery,extortion,kickbacks,or simllar matters which are applicable to Buyers business aclivilies in connection with this Contract,including but nor limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the'FCPA").Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or Indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government.political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an Improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commemial bribery,acceptance of or acquiescence in extortion,kickbacks or other unlawful or Improper means of obtaining business or any Improper advantage,with respect to any of Buyers activities related to this Contract.Hach asks Buyer to'Speak Upl'if aware of any violation of law,regulation or our Standards of Conduct("SOC")in relation to(his Contract.See Min f/danaher comrnlearity-and-comotiance and www danaherintegrity coin for a copy of the SOC and for access to our Hari portal. 17.FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond Its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or Import license or the suspension or revocation thereof,or any other acts of any Government;fires,floods,severe weather conditions,or any other acts of God;quaranlines;labor strikes or lockouts;dots;strife; Insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penally and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified PaNes will be liable to Buyer under any circumstances for any special,treble,Incidental or consequential damages,Including without limitation,damage to or loss of property other than for the Products purchased hereunder;damages incurred in trials Nation,repair or replacement;lost profits,revenue or opportunity;loss or use;losses resuWng from or related to downtime of the products or Inaccurate measurements or repoding;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever caused,and whether based on warranty,contract,andfor tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed In the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20.APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the Stale of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,Stale or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without agecting the validity of the remaining previsions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which Is not resolved by the parties shall be adjudicated in order of preference by a court of competent jurisdiction(I)in the State of Colorado,U.S.A.If Buyer ties minimum contacts with Colorado end the U.S.,(ii)elsewhere in the U.S.it Buyer has minimum contacts with the U.S.but not Colorado,or(III)In a neutral location if Buyer does not have minimum contacts with the United Stales. Page 5 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 ` Headquarters WehSite: www.hach.cotn Remittance A P.O.Box 389 2207 Collections Center Dr 5600 Lindbergh Drive Chicago,IL 60693 CEF tI`t6f'.FRG❑RhfdS Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 27. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or wdllen.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or Inconsistent Terms&Condiffons of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and Irrespective of Hach's acceptance of Buyers order for the described goods and services. A6® CERTIFICATE OF LIABILITY INSURANCE D09/012020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to,the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME' 1050 CONNECTICUT AVENUE,SUITE 700 PWC.HONNo.E ac No): WASHINGTON,DC 20036-5386 E-MAIL Attn:Danaher.certrequest@marsh.00m Fax(212)948-0503 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# CN102997607-ALL-7/1-20-21 HACH NO INSURER A:ACE American Insurance Company 22667 INSURED HACH COMPANY INSURER B:Indemnity Ins Co Of North America 43575 5600 LINDBERGH DRIVE INSURER C:ACE Fire Underwriters Insurance Company 20702 LOVELAND,CO 80538 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006329022-29 REVISION NUMBER: 9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY HDO G71448411 07/01/2020 07/01/2021 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FI OCCUR DAMAGES(RENTED 2,000,000 PREMISES Ea occurrence) $ X Contractual Liability MED EXP(Any one person) $ 10,000 X Broad Form PD PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 X POLICY JECT PRO ❑LOC PRODUCTS-COMP/OP AGG $ 5,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISA H25301183 07/01/2020 07/01/2021 COEaMBINED accident SINGLE LIMIT $ 5,000,000 X1ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION WLR C66928172 (AOS) 7 07/01/2021 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N WLR C66928135 (CA,MA,AZ) 0710112020 07101/2021 E.L.EACH ACCIDENT $ 2,000,0�0 C OFFICERIMEMBEREXCLUDED7 N/A SCF C66928214 WI 0710112020 07101/2021 (Mandatory in NH) ( ) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CITY OF FORT WORTH IS ADDITIONAL INSURED FOR GENERAL LIABILITY AND AUTO LIABILITY BUT ONLY AS REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 THROCKMORTON ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FORT WORTH,TX 76102 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee — @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD HACH I 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 60539 1 P 970.669.3050 1 F 970.669.2932 1 hach.com City of Fort Worth 9/4/20 1000 Throckmorton St Ft Worth TX 76102 Attn: Patricia Stanley RE: Renewal under Current Agreement No: PO# SS-100376 (the"Contract") Hach Laboratory supplies, replacement parts and maintenance Hach would like to thank you for your recent renewal request extending the following contract. Contract Number: 16-0371 For Providing: Hach laboratory supplies, replacement parts and maintenance For Additional Period: One (1)year Start Date: 9/13/20 End Date: 9/14/21 Hach is making adjustments to the US list prices of certain products. These changes are associated with the increasing costs, including raw materials, which Hach is experiencing in the manufacturing of these products. The amount of the change varies by product and part number. However, the overall price change across our major product lines is 3.9%. Be assured that Hach is working diligently to reduce and control cost through operational efficiencies in order to lessen the impact in prices to our customers. In addition, we continue to invest in innovation to provide solutions that enable our customers to reduce their operational costs with products that are less labor intensive to operate and enable process optimization to reduce energy, chemical, and maintenance costs. Enclosed you will find the updated pricing for the renewal contract term. All other agreed upon terms and conditions will remain the same. Should you have any questions or need additional information please contact me at (800) 227- 4224 ext 6272. Hach Company looks forward to continuing to serve your analytical needs 2020 and beyond. Kind Regards Roxanna Starika Project Specialist II rstarika@hach.com (800) 227-4224 ext 6272 OD HACH I 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 60539 P 970.669.3050 F 970.669.2932 hach.com F-7% low 1 2125915 rr COD Vials 20-1500 mg/L,pk/150 High 1 241.00 5% 228.95 228.95 Range,USEPA Approved 2 2253929 COD Standard Solution,1000 plus or 1 23.30 5% 22.13 22.13 minus 50 mg/L,200 mL 3 1486398 BOD Nutrient Buffer Pillows,19 mL size 1 69.05 5% 65.60 65.60 (prepares 19 L),pk/25 Powder Pillows 4 2745050 Test Kit Chlorine,Model Test StripsLow 1 19.55 5% 18.57 18.57 Range ppm 0-10 Free/0-10 ppm Total 5 23249 Fluoride Standard,100mg/L 500mL, 1 42.25 5% 40.14 40.14 Solution 6 253335 Formula 2533 Nitrification Inhibitor,35 g 1 25.75 5% 24.46 24.46 7 5838000 SENSOR CAP REPLACEMENT,LBOD 1 139.00 5% 132.05 132.05 8 2106869 Cyaniver 3 Cyanide Reagent,pk/100 1 34.95 5% 33.20 33.20 Powder Pillows 9 2106969 Cyaniver 4 Cyanide Reagent,pk/100 1 34.95 5% 33.20 33.20 10 2107069 Cyaniver 5 Cyanide Reagent,pk/100 1 34.95 5% 33.20 33.20 Total chlorine replacement vials for the Swif7est Dispenser.Contains enough DPD for 250 tests for 10 ml samples This 11 2105660 product has not been evaluated to test 1 52.30 5% 49.68 49.68 for chlorine and chlormaines in medical applications in the United States 12 2376526 Polyvinyl alcohol dispersing reagent50ml 1 15.10 5% 14.34 14.34 SCDB 13 4864302 Sample Cell w/Cap,1 cm/10 mL, 1 19.35 5% 18.38 18.38 pk/2.For DR/800 Series Colorimeters 14 19449 Silica Standard Solution,1000mg/L, 1 41.19 5% 39.13 39.13 500mL 15 2409353 Sodium thiosulfate,.025n 1000ml 1 30.15 5% 28.64 28.64 16 2635300 Spec Color Standard,Low Range 1 189.00 5% 179.55 179.55 Chlorine-DPD 17 34953 Starch indicator soln,1000ml 1 21.05 5% 20.00 20.00 18 89149 Sulfate std soln,100mg/I 500ml 1 27.09 5% 25.74 25.74 Swif7est Total Chlorine Reagent Dispenser includes reagent for 250 tests for 10 ml samples.Total chlorine replacement vials can be purchased 19 2802400 separately(2105660)DPD TOTAL BULK 1 68.80 5% 65.36 65.36 DISPENSER+POWDER*This product has not been evaluated to test for chlorine and chloramines in medical applications in the United States. Total chlorine replacement vials for the Swif7est Dispenser.Contains enough DPD for 250 tests for 10 ml samples This 20 2105660 product has not been evaluated to test 1 52.30 5% 49.68 49.68 for chlorine and chlormaines in medical applications in the United States OD HACH I 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 60539 1 P 970.669.3050 1 F 970.669.2932 1 hach.com Note:The 2100AN Lab turbidimeter is obsololete.Hach is offering the new TU5200 Lab Turbidimeter below 21 LPV442.99.01022 ee TU5200 Lab Turb,ISO 1 3,851.00 5% 3,658.45 3,658.45 StablCal Standards Calibration Kit,for 2100AN and 2100AN IS Laboratory Turbidimeters(includes 1 ampule each, 22 2659505 <0.1 NTU,20NTU,200 NTU,1000 NTU, 1 326.00 5% 309.70 309.70 4000 NTU,7500 NTU) 23 1416066 BOD Nutrient Buffer Pillows,0.5 mL size 1 12.95 5% 12.30 12.30 (prepares 300 mL),pk/50 Powder Pillows 24 1426820 Chlorine 50-75mg/L 2mL pk/20 Ampules 1 54.75 5% 52.01 52.01 Standard Solutions as Cl2(NISI) 25 1486166 BOD Nutrient Buffer Pillows,3 mL size 1 41.19 5% 39.13 39.13 (prepares 3 L),pk/50 Powder Pillows 26 1486266 BOD Nutrient Buffer Pillows,6 mL size 1 52.15 5% 49.54 49.54 (prepares 6 L),pk/50 Powder Pillows 27 1486510 BOD Standard Solution,for dilution 1 48.49 5% 46.07 46.07 method,300 mg/L each of glucose plus glutamic acid,pk/16 10 mL Voluette Ampules(NIST) 28 18349 Chloride Standard,1000mg/L,500 mL 1 35.15 5% 33.39 33.39 Solutions(NIST) 29 2106269 Citric Acid,10mL pk/100(for silica 1 26.75 5% 25.41 25.41 analysis)Powder Pillows 30 2119449 rr Nessler Reagent,500mL 1 59.25 5% 56.29 56.29 31 2376526 Polyvinyl alcohol dispersing reagent50ml 1 15.10 5% 14.34 14.34 SCDB 32 2376626 Mineral Stabilizer 50mL SCDB 1 17.19 5% 16.33 16.33 33 2514420 EZ GGA,BOD,NO PIPETTE,2ML PK/20 1 48.49 5% 46.07 46.07 34 27549 Manganous Sulfate Solution,500 mL, 1 21.45 5% 20.38 20.38 APHA 35 27749 Alkaline Iodide-Azide Reagent,500 mL 1 30.85 5% 29.31 29.31 36 34953 Starch indicator soln,1000ml 1 21.05 5% 20.00 20.00 37 HQDBODMGR KTO:HQ4401),LBOD,BOD MANAGER 1 3,441.00 5% 3,268.95 3,268.95 38 2980500 SPEC COLOR STD,DPD CHLORINE-MR 1 207.00 5% 196.65 196.65 Note:Item#5870062 POCKET CLRMTR II CHLORINE MR/HR SYSTEM is now an obsolete product 39 2107169 NitriVer 3 Nitrite Reagent,low range 0- 1 44.65 5% 42.42 42.42 0.2 mg/L or 0-0.5 mg/L as nitrite-N,10 mL sample,pk/100 Powder Pillows 40 2756526 pH STORAGE SOLUTION,50ML 1 12.59 5% 11.96 11.96 41 1479120 Nitrogen,50mg/I 2ml amp pk/20 1 56.45 5% 53.63 53.63 42 2395466 Ammonia cyanurate rgt pp pk/50 1 26.25 5% 24.94 24.94 43 2606945 AmVer Test N Tube Reagent Set,High- 1 116.00 5% 110.20 110.20 Range Ammonia,0-50 mg/L,pk/50 44 2395266 Ammonia salicylate rgt pp pk/50 1 40.75 5% 38.71 38.71 HACH 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 60539 P 970.669.3050 F 970.669.2932 1 hach.com 45 2515025 Dissolved Oxygen Reagent,pk/25 1 36.90 5% 35.05 35.05 Ampuls,High Range 46 2283449 pH buffer,pH 4,500 ml(1 pint) 1 14.89 5% 14.15 14.15 47 2283549 pH buffer,pH 7,500 ml(1 pint) 1 14.89 5% 14.15 14.15 48 2283649 pH buffer,pH 10,500 ml(1 pint) 1 14.89 5% 14.15 14.15 49 2343267 Holmium Trichloride,pk/20,Powder 1 37.89 5% 36.00 36.00 Pillows 50 258901 Fluoride Strength Adjuster 454g,Ionic 1 101.00 5% 95.95 95.95 Total chlorine replacement vials for the Swif7est Dispenser.Contains enough DPD for 250 tests for 10 ml samples This 51 2105660 product has not been evaluated to test 1 52.30 5% 49.68 49.68 for chlorine and chlormaines in medical applications in the United States 52 2107369 Molybdate Reagent for high range silica 1 35.09 5% 33.34 33.34 (0-15 mg/L),10 mL sample,pk/100 Powder Pillows 53 1218629 COD Standard Solution,300+/-15 mg/L. 1 26.29 5% 24.98 24.98 200 mL(NIST) POCKET CLRMTR II SWFTEST CHLOR TOTAL*This product has not been 54 5870024 evaluated to test for chlorine and 1 526.00 5% 499.70 499.70 chloramines in medical applications in the United States. StablCal Standards Calibration Kit,for 210ON and 210ON IS Laboratory 55 2662105 Turbidimeters(includes 1 ampule each, 1 254.00 5% 241.30 241.30 <0.1 NTU,20 NTU,200 NTU,1000 NTU,4000 NTU) 56 2517025 Ozone Reagent,0-0.75 mg/L,AccuVac 1 38.05 5% 36.15 36.15 Ampuls,pk/25 57 PHC28101 as ULTRA pH REFILLABLE PROBE,w/1m 1 462.00 5% 438.90 438.90 CABLE 58 2376549 Polyvinyl alcohol dispersing 1 38.35 5% 36.43 36.43 59 2507025 Iron,Total,Reagent,FerroVer,AccuVac 1 38.05 5% 36.15 36.15 Ampuls,pk/25 60 2084900 Sample cell,25x95 mm,used with 1 63.65 5% 60.47 60.47 Model 2100N,2100AN and Lab Ratio Turbidimeters,6/pk 61 2401906 Sample cell,25x95 mm 25 mL w/cap, 1 52.69 5% 50.06 50.06 6/pk used with DR/700 and DR/800 Colorimeter 62 PHC10101 pH GEL PROBE,STD,w/1m CABLE 1 295.00 5% 280.25 280.25 63 2978500 KTO:SS7 W/sc200,CH 1 1 6,163.00 5% 5,854.85 5,854.85 64 2376649 Mineral Stabilizer 500mL 1 79.05 5% 75.10 75.10 65 9429600 KTO CHEMKEY,25 PIECE MONO-CHLOR. 1 115.00 10% 103.50 103.50 AND 25 PIECE FREE AMMONIA 66 2119453 rr Nessler Reagent,1000mL 1 107.00 5% 101.65 101.65 67 189149 Nitrogen-Ammonia,1mg/L,500mL 1 26.99 5% 25.64 25.64 68 9429100 ASSY.,PACK,CHEMKEY,25 PIECE,TOTAL 1 19.85 10% 17.86 17.86 CHLORINE HACH 5600 Lindbergh Drive I PO Box 389 1 Loveland,Colorado 60539 1 P 970.669.3050 1 F 970.669.2932 1 hach.com 69 North Holly Service Maintenance Agreement $9,349.00 70 South Holly Service Maintenance Agreement $11,041.00 71 Eagle Mountain Service Maintenance Agreement $17,068.00 72 Westside Plane Service Maintenance Agreement $4,143.00 73 Rolling Hills Service Maintenance Agreement $19,445.00 74 Village Creek Service Maintenance Agreement $49,439.00 75 Miscellaneous items @ manufacturer list price less 5% discount with the exception of Chemkeys which are_10%_discount at time of order OD (LDcs� Page : 1 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 QUOTATION Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Number: HACH253030 Version : 0.8 Quotation Date 13-AUG-20 Expiration Date 02-NOV-20 Hach Company Service Partnership Service Partnership Contact Ballard,Brent Allen Phone Email bballard@hach.com Customer Ref Customer Contact: MANN,JOE Customer Phone Customer Fax: Customer Email : joe.man n@fortworthtexas.go v Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 SOUTH HOLLY Billing Method: Annual-Invoices on START Date Addressl 200 TEXAS ST Addressl 1511 11TH AVE Currency: USD Address2 Address2 Address3 Address3 City,State, City,State, FORT PostalCode FORT WORTH-TX-76102 Postalcode WORTH-TX-76102-4350 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 WRTUPGCERT1720E 17-SEP-20 16-SEP-21 ff RENEWAL ONLY-NO new 8,415.00 Service Agreement sales:17-SE P-2020:16-SEP-2021 Warranty upgrade includes:All parts, labor,and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification , unlimited technical support calls,and free firmware updates. Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit. (LDcs� Page : 2 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000626 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000627 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000628 1.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000629 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000630 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000632 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000633 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000638 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000640 1.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075040 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 111208204733 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 111208204740 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 111208204745 1.14 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 060300054102 1.15 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 060300015853 1.16 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000637 1.17 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 140600497652 2 BSPPLUSSL1000 17-SEP-20 16-SEP-21 BenchPlus 1,378.00 S L 1000:17-SEP-2020:16-SEP-202 (LDcs� Page : 3 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 5.1 9430000 ee ASSY, INSTRUMENT, SL1000; 170860102501 5.2 9430000 ee ASSY, INSTRUMENT, SL1000; 180160103421 3 FSPSC200 17-SEP-20 16-SEP-21 Fld Svc-1V SC200 2,331.00 Controller:1 7-SE P-2020:16-SEP-20 21 7.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0148010 7.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139645 7.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139656 7.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164374 7.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0148034 7.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139632 7.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164404 7.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139634 7.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0148005 4 BSPPLUSDR3900 17-SEP-20 16-SEP-21 Bench PIus-DR3900:17-SEP-2020: 916.00 16-SEP-2021 The Bench Service Plus includes: Factory repairs only,one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades (LDcs� Page : 4 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 QUOTATION Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 9.1 LPV440.99.00012 db as DR3900 SPECTROPHOTOMETER WITH RFID ; 1784252 Sub Total: 13,040.00 Tax: 0.00 Total: 13,040.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name : CITY OF FORT WORTH Customer P.O.Number : Customer Reference Number : TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado("Hach")and sold to the original purchaser thereof("Buyer").Unless otherwise specifically stated herein,the term"Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services("Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a counteroffer and creates a contract of sale("Contract")in accordance with these Terms&Conditions:(1)Buyer's issuance of a purchase order document against Hach's offer,(ii)acknowledgement of Buyer's order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyer's order.Provisions contained in Buyer's purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyer's expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)days prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time spedfied on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance in writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. 5. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as stated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, 4& Page : 5 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice,or for customers with no established credit.Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are mada;(c)deliver future shipments on a cash-with-order or cash-in-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges;(a)repossess the Products for which payment has not bean made;(f)recover all costs of collection including reasonable attorneys fees;or(g)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyer's financial responsibility become unsatisfactory to Hach in its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest in the Products to secure payment in full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without limitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty is mplammant,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose an long as Hach is willing to provide such replacement,credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors-in-interest,assignees,affiliates,directors,officers,and employees("Indemnified Parties").Hach is responsible for and will defend,indemnity and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnity Buyer from any and all damages and costs as finally determined by a court of compstentjurisdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(ii)the right to participate in the defense of such suit when products other than those of Hach are also involved.Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-infringing products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing states the entire liability of Hach for patent infringement by the Products.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided in accordance with the Buyers instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11. SOFTWARE:. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and for all other software,Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable licensor(s). 12. PROPRIETARY INFORMATION;PRIVACY: "Proprietary Information"means any information,technical data or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture, procurement,servicing or calibration of Products or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Proprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers information and personal data in accordance with its Privacy Policy,located at htto://www.hach.coMorivaevoolicv. 13. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to Poducts ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturers specifications upon activation of a service agreement. 14. SITE ACCESS f PREPARATION f WORKER SAFETY f ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer is the generator of any mauling wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyers premises with all information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Space,as that term is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event theta Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such braining attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any pad of this Contract. 15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 4& Page : 6 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH253030 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having pmperjurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,re-export,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or re-export any Hach Pmducts or technology for use in activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will comply with all local,national,and other laws of all jurisdictions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyer's business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the"FCPA").Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any parson or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or affect of public or commercial bribery,acceptance of or acquiescence in extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any of Buyer's activities related to this Contract.Hach asks Buyer to"Speak Upl"if aware of any violation of law,regulation or our Standards of Conduct("SOC")in relation to this Contract.See h to:lldanaher.coMintegrity-andcom lip ence and www.danaherinteariN.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is axcused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation thereof,or any other acts of any Government;fires,goods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; insurrections;civil disobedience or acts of criminals or tarroriats;war;material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continua and remain in force and affect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any spacial,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder,damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competentjurisdiction(1)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(iii)in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods and services. (LDcs� Page : 1 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 QUOTATION Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Number: HACH253042 Version : 0.3 Quotation Date 13-AUG-20 Expiration Date 02-NOV-20 Hach Company Service Partnership Service Partnership Contact Ballard,Brent Allen Phone Email bballard@hach.com Customer Ref Customer Contact: MANN,JOE Customer Phone Customer Fax: Customer Email : joe.man n@fortworthtexas.go v Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 Billing Method: Annual-Invoices on START Date Addressl 200 TEXAS ST Addressl 1500 11TH AVE Currency: USD Address2 Address2 Address3 Address3 City,State, City,State, FORT PostalCode FORT WORTH-TX-76102 Postalcode WORTH-TX-76102-4349 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 WRTUPGCERT1720E 17-SEP-20 16-SEP-21 ff RENEWAL ONLY-NO new 6,435.00 Service Agreement sales:17-SE P-2020:16-SEP-2021 Warranty upgrade includes:All parts, labor,and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification , unlimited technical support calls,and free firmware updates. Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit. (LDcs� Page : 2 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000618 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000620 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000623 1.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000637 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075035 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075122 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075035 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 050700011108 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000634 1.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 080600075039 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000631 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070300000639 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071100064799 2 BSPPLUSSL1000 17-SEP-20 16-SEP-21 BenchPlus 681.00 S L 1000:17-SEP-2020:16-SEP-202 1 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 3.1 9430000 ee ASSY, INSTRUMENT, SL1000; 160270101369 (LDcs� Page : 3 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 QUOTATION M Headquarters WebSite: www.hach.com Remittance MMIMEMIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 3 FSPSC200 17-SEP-20 16-SEP-21 Fld Svc-1V SC200 2,331.00 Controller:1 7-SE P-2020:16-SEP-20 21 4.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164380 4.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0139643 4.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164385 4.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164376 4.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164383 4.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0164384 4.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0148030 4.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0148007 4.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1611 C0148015 Sub Total: 9,447.00 Tax: 0.00 Total: 9,447.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name . CITY OF FORT WORTH Customer P.O.Number . Customer Reference Number : 4& Page : 4 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 QUOTATION M Headquarters webSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado("Hach")and sold to the original purchaser thereof("Buyer").Unless otherwise specifically stated herein,the term"Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services("Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a wuntemffer and creates a contract of sale("Contract")in accordance with these Terms&Conditions:(1)Buyer's issuance of a purchase order document against Hach's offer,(ii)acknowledgement of Buyer's order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyers order.Provisions contained in Buyers purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and in the same condition as received.Buyer may concel service orders on ninety(90)day's prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or crass an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance in writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. S. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as stated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption cartifcates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice,or for customers with no established credit.Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are mada;(c)deliver future shipments on a cash-with-order or cash-in-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges;(a)repossess the Products for which payment has not been made;(f)recover all costs of collection including reasonable attorney's fees;or(g)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach in its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest in the Products to secure payment in full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for moat Hach instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without limitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fitness for a particular purpose,are hereby axeluded.The sole remedy for Products not meeting this Limited Warranty is mplammant,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement,credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors-in-interest,assignees,affiliates,directors,officers,and employees("Indemnified Parties").Hach is responsible for and will defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privily with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnify Buyer from any and all damages and costs as finally determined by a court of compelentjurisdicion in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(ii)the right to participate in the defense of such suit when products other than those of Hach are also involved.Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-infringing products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing states the entire liability of Hach for patent infringement by the Products.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided in accordance with the Buyers instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 4& Page : 5 of 5 HACH SERVICE PARTNERSHIP Partnership Number: HACH253042 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 11. SOFTWARE:. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and Wall other software,Hach grants Buyer only a personal, nonexclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable Iicensor(s). 12. PROPRIETARY INFORMATION;PRIVACY: "Proprietary Information"means any information,technical data or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture, procurement,servicing or calibration of Pmducts or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Pmprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers information and personal data in accordance with its Privacy Policy,located at httD://www.hach.coMprivacy op Iicy. 19. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to PmductB ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meats manufacturers specifications upon activation of a service agreement. 14. SITE ACCESS/PREPARATION/WORKER SAFETY/ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect!is data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer is the generator of any mauling wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyers premises with all information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Space,as that farm is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or import licenses.Hach represents that all Pmduct3 delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having proparjurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,reaxporf,transfer and use of all Products and technology delivered hereunder.Buyer will not sail,transfer,export or re-export any Hach Products or technology for use in activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will comply with all local,national,and other Ism of all jurisdictions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyers business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the"FCPA").Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence in extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any of Buyers activities related to this Contract.Hach asks Buyer to"Speak Upl"if aware of any violation of law,regulation or our Standards of Conduct("SOC")in relation to this Contract.See hftp,//donaher.wMintearity-andcam lip ante and www.danaherintega.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation thereof,or any other acts of any Government;fires,floods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder,damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the product3 or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyers customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competentjurisdiction(1)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(iii)in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and irrespective of Hach's acceptance of Buyers order for the described goods and services. (LDcs� Page : 1 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Number: HACH253035 Version : 0.4 Quotation Date 13-AUG-20 Expiration Date 02-NOV-20 Hach Company Service Partnership Service Partnership Contact Ballard,Brent Allen Phone Email bballard@hach.com Customer Ref Customer Contact: JOSEPH,GEORGE Customer Phone 817-392-2190 Customer Fax: 817-237-7191 Customer Email : george.joseph@fortworthgov. org Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 Billing Method: Annual-Invoices on START Date Addressl 200 TEXAS ST Addressl 6801 BOWMAN ROBERTS Currency: USD RD Address2 Address2 Address3 Address3 City,State, City,State, FORT PostalCode FORT WORTH-TX-76102 Postalcode WORTH-TX-76179-3385 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 WRTUPGCERT1720E 17-SEP-20 16-SEP-21 ff RENEWAL ONLY-NO new 12,375.00 Service Agreement sales:17-SE P-2020:16-SEP-2021 Warranty upgrade includes:All parts, labor,and travel for on-site repairs, 1 on-site calibration and preventative maintenance (including required parts)with certification , unlimited technical support calls,and free firmware updates. Customer is responsible for calibration and basic maintenance per factory specified guidelines outside of Hach's annual visit. (LDcs� Page : 2 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070600000249 1.2 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070700000434 1.3 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067929 1.4 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067934 1.5 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021629 1.6 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021715 1.7 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021720 1.8 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021721 1.9 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021722 1.10 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021724 1.11 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070100021725 1.12 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 070500001047 1.13 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067920 1.14 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067921 1.15 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067923 1.16 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067925 1.17 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067926 (LDcs� Page : 3 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 1.18 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067928 1.19 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067935 1.20 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067936 1.21 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067937 1.22 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067938 1.23 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067939 1.24 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 110200376982 1.25 LPV417.99.00002 1720E LR TURBIDITY SENSOR, HACH ; 071200067932 2 FSPSC200 17-SEP-20 16-SEP-21 Fld Svc-1V SC200 4,144.00 Controller:1 7-SE P-2020:16-SEP-20 21 6.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125939 6.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125943 6.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125945 6.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125946 6.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125948 6.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000125949 6.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133944 6.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133945 (LDcs� Page : 4 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION M Headquarters WebSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 6.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133946 6.10 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133947 6.11 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133952 6.12 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133953 6.13 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000133954 6.14 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1511 C0126534 6.15 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1511 C0151898 6.16 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 151000123939 3 BSPPLUSSL1000 17-SEP-20 16-SEP-21 BenchPlus 681.00 S L 1000:17-SEP-2020:16-SEP-202 1 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 7.1 9430000 ee ASSY, INSTRUMENT, SL1000; 160190101341 Sub Total: 17,200.00 Tax: 0.00 Total: 17,200.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract 4& Page : 5 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Customer Name : CITY OF FORT WORTH Customer P.O.Number : Customer Reference Number : TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado("Hach")and sold to the original purchaser thereof("Buyer").Unless otherwise specifically stated herein,the term"Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services("Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance M Hach's offer and not a muntamffar and creates a contract of sale("Contract")in accordance with these Terms&Conditions:(1)Buyer's issuance of a purchase order document against Hach's offer,(ii)acknowledgement of Buyer's order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyer's order.Provisions contained in Buyer's purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a pan of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyer's expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)day's prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or pan of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 8. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Inceterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance in writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. 5. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as stated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the amount stated on the front of Hach's invoice,or for customers with no established credit,Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a cash-with-order or cash-in-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges;(a)repossess the Products for which payment has not been made;(f)recover all costs of collection including reasonable attorney's fees;or(g)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyer's financial responsibility become unsatisfactory to Hach in its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.on, grunts Hach a security interest in the Products to secure payment in full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or iasolution or termination of the existence M Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without limitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose so long as Hach is willing to provide such replacement,credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such parry's successors-in-interest,assignees,affiliates,directors,officers,and employees("Indemnified Parties").Hach is responsible for and will defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnify Buyer from any and all damages and costs as finally determined by a court of compatantjurisdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(ii)the right to participate in the defense of such suit when products other than those of Hach are also involved.Hach's warranty as to use patents only applies to infringement arising 4& Page : 6 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-infringing products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing states the entire liability of Hach for patent infringement by the Products.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, indemnity and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided in accordance with the Buyer's instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indida of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11. SOFTWARE:. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and for all other software,Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable Iioensor(s). 12. PROPRIETARY INFORMATION;PRIVACY: "Proprietary Information"means any information,technical data or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, including but not limited to service and maintenance manuals.Buyer and its customers,employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture, procurement,servicing or calibration of Products or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Pmprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers information and personal data in accordance with its Privacy Policy,located at htto://www.hach.coMorivacvoolicv. 19. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to PmductB ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meets manufacturers specifications upon activation of a service agreement. 14. SITE ACCESS f PREPARATION f WORKER SAFETY f ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer is the generator of any mauling wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyers premises with all information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Space,as that term is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event theta Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such braining attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having proparjurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,re-export,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or re-export any Hach Products or technology for use in activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will comply with all local,national,and other Ism of all jurisdictions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyers business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the"FCPA").Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence in extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any of Buyers activities related to this Contract.Hach asks Buyer to"Speak Upl"if aware of any violation of law,regulation or our Standards of Conduct("SOC")in relation to this Contract.See hftp,//donaher.wMinteantv-andcam lip ante and www.danaherinteorilv.cam for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation thereof,or any other ads of any Government;fires,floods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the some will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder,damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyers customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise (LDcs� Page : 7 of 7 HACH SERVICE PARTNERSHIP Partnership Number: HACH253035 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resoled by the parties shall be adjudicated in order of preference by a court of competentjurisdiction(1)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(iii)in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods and services. (LDcs� Page : 1 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 QUOTATION M Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Number: HACH252718 Version : 0.16 Quotation Date 13-AUG-20 Expiration Date 02-NOV-20 Hach Company Service Partnership Service Partnership Contact Ballard,Brent Allen Phone Email bballard@hach.com Customer Ref Renewal Quote Customer Contact: XAVIER,CYRIAC Customer Phone 817-392-2742 Customer Fax: Customer Email : Cyriac.Xavier@fortworthgov. org Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 Billing Method: Annual-Invoices on START Date Addressl 200 TEXAS ST Addressl 2500 SE LOOP 820 Currency: USD Address2 Address2 ROLLING HILLS WATER TREATMENT PLANT Address3 Address3 City,State, City,State, FORT PostalCode FORT WORTH-TX-76102 Postalcode WORTH-TX-76140-1009 Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 BSPPLUSSL1000 17-SEP-20 16-SEP-21 BenchPlus 681.00 S L 1000:17-SEP-2020:16-SEP-202 1 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 3.1 9430000 Ise ASSY, INSTRUMENT, SL1000; 160280101375 2 FSPSC200 17-SEP-20 16-SEP-21 Fld Svc-1V SC200 5,502.00 Controller:1 7-SE P-2020:16-SEP-20 (LDcs� Page : 2 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 21 4.1 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO137856 4.2 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129795 4.3 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129808 4.4 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129808 4.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155269 4.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155270 4.7 LXV404.99.05552 sc200 CONTR, 100-240V,2 DIG CONN, HART, HACH ; 1302CO074821 4.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1207CO045010 4.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1207CO054930 4.10 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155273 4.11 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155291 4.12 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155292 4.13 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 161000138314 4.14 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1405CO095606 4.15 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129796 4.16 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155272 4.17 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129799 (LDcs� Page : 3 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 QUOTATION U Headquarters webSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 4.18 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129794 4.19 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO137867 4.20 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO129792 4.21 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG, HACH ; 1602CO155274 3 BSPPLUSDR3900 17-SEP-20 16-SEP-21 Bench PIus-DR3900:17-SEP-2020: 906.00 16-SEP-2021 The Bench Service Plus includes: Factory repairs only,one Start-up or one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument. Travel is included for one on-site visit. Additional visits may be billable. 5.1 LPV440.99.00012 db as DR3900 SPECTROPHOTOMETER WITH RFID ; 1614614 4 FSPTU53XX-4 VISIT 17-SEP-20 16-SEP-21 Fld Svc TU53XX 4 3,588.00 VST:17-SEP-2020:16-SEP-2021 Field Service includes:All parts, labor,and travel for on-site repairs, 4 on-site calibrations per year, factory recommended maintenance (including required parts), unlimited technical support calls, and free firmware updates. Please see service terms and conditions for additional details on our service plans,and to ensure you have an opportunity to review our environmental and safety requirements. Cleaning Module Accessory is not covered under this offering. 6.1 LXV445.99.11112 db ee TU5300sc TURB,SYSCHK,EPA; 1952806 6.2 LXV445.99.11112 db ee TU5300sc TURB,SYSCHK,EPA; 1952425 6.3 LXV445.99.11112 db ee TU5300sc TURB,SYSCHK,EPA; 1952382 (LDcs� Page : 4 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 QUOTATION M Headquarters WebSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 6.4 LXV445.99.11112 db ee TL15300sc TURB,SYSCHK,EPA; 1952394 5 FSPTU52XX 17-SEP-20 16-SEP-21 Fld Svc TU52XX 1 577.00 VST:17-SEP-2020:16-SEP-2021 Field Service includes:All parts, labor,and travel for on-site repairs, 1 comprehensive PM/calibrations per year,factory recommended maintenance(including required parts), unlimited technical support calls,and free firmware updates. Please see service terms and conditions for additional details on our service plans,and to ensure you have an opportunity to review our environmental and safety requirements. 7.1 LPV4425303012 nn KIT,TU5200, Lab Turb with RFID, EPA ; 1935745 Sub Total: 11,254.00 Tax: 0.00 Total: 11,254.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name : CITY OF FORT WORTH Customer P.O.Number : Customer Reference Number : TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado("Hach")and sold to the original purchaser thereof("Buyer").Unless otherwise specifically stated herein,the term"Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services("Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a wuntemffer and creates a contract of sale("Contract")in accordance with these Terms&Conditions:(1)Buyer's issuance of a purchase order document against Hach's offer,(ii)acknowledgement of Buyer's order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyers order.Provisions contained in Buyers purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a part of the Contract. 4& Page : 5 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyer's expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)days prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 8. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter intemabonal waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are 8 am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance in writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. 5. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as stated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice,or for customers with no established credit.Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a cash-with-order or cash-in-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory carrying charges;(a)repossess the Products for which payment has not been made;(f)recover all ccet3 of collection including reasonable attorney's fees;or(g)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach in its reasonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest in the Products to secure payment in full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Cafe or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments is for a period of twelve(12)months from delivery.Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without limitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of!is essential purpose so long as Hach is willing to provide such replacement,credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors-in-interest,assignees,affiliates,directors,officers,and employees("Indemnified Parties").Hach is responsible for and will defend,indemnify and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. 9. PATENT PROTECTION: Subject to all limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnify Buyer from any and all damages and costs as finally determined by a court of competentjurisdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Product3 of Hach only are involved,or(ii)the right to participate in the defense of such suit when product3 other than those of Hach are also involved.Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Pmducts is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-infringing products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing states the entire liability of Hach for patent infringement by the Product3.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided in accordance with the Buyers instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicla of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11. SOFTWARE:. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and Wall other software,Hach grants Buyer only a personal, non-exclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable licensor(s). 12. PROPRIETARY INFORMATION;PRIVACY: "Proprietary Information"means any information,technical data or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, including but not limited to service and maintenance manuals.Buyer and!is customers,employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture, procurement,servicing or calibration of Product3 or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agent3,expressly or by implication,with respect to the Pmprietary Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers information and personal data in accordance with its Privacy Policy,located at hftp,//—.hach.wrrVpdvag op licy. 4& Page : 6 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH252718 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 19. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to PmductB ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment masts manufacturer's specifications upon activation of a service agreement. 14. SITE ACCESS/PREPARATION/WORKER SAFETY/ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer is the generator of any resulting wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyer's premises with all information and training required under applicable safety compliance regulations and Buyer's policies.If the instrument to be serviced is in a Confined Space,as that farm is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event that a Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such training attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any part of this Contract. 15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having properjurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,re-export,transfer and use of all Products and technology delivered hereunder.Buyer will not sail,transfer,export or re-export any Hach Products or technology for use in activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will comply with all local,national,and other laws of all jurisdictions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyer's business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the"FCPA").Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in part by a government,political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence in extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any of Buyer's activities related to this Contract.Hach asks Buyer to"Speak Upl"if aware of any violation of law,regulation or our Standards of Conduct("SOC")in relation to this Contract.See http,//donaher.wMintearity-andcam lip ante and www.danaherinteorltv.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation thereof,or any other acts of any Government;fires,floods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays in deliveries to Hach by thins parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the fora majeum circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder,damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be self-deleting without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of competentjurisdiction(1)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(iii)in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods and services. (LDcs� Page : 1 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 QUOTATION U Headquarters WebSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Partnership Number: HACH388757 Version : 0.20 Quotation Date 13-AUG-20 Expiration Date 02-NOV-20 Hach Company Service Partnership Service Partnership Contact Ballard,Brent Allen Phone Email bballard@hach.com Customer Ref Customer Contact: IRWIN,ERIK Customer Phone 392-2742 Customer Fax: Customer Email : Erik.irwin@fortworthtexas.go v Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer CITY OF FORT WORTH Payment Terms: Net 30 Name Address4 Address4 WESTSIDE WTP Billing Method: Annual-Invoices on START Date Addressl 200 TEXAS ST Addressl 12200 OLD WEATHERFORD Currency: USD RD Address2 Address2 Address3 Address3 City,State, FORT WORTH-TX-76102 City,State, FORT WORTH-TX-76108 PostalCode Postalcode Province/ US Province/ US Country Country Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 FSPCL17 17-SEP-20 16-SEP-21 Fld Svc-2V CL17(current 2,476.00 version):1 7-SEP-2020:16-SEP-202 1 For CL17 p/n 5440000 only. Field Service includes all parts, labor, and travel for on-site repairs,two preventative maintenance visits per year(including required parts), unlimited technical support calls, and free firmware updates. 1.1 5440000 oo CL17 FINAL ASSEMBLY W/KITS ; 110200390287 1.2 5440000 oo CL17 FINAL ASSEMBLY W/KITS ; 110500401792 2 FSPSC200 17-SEP-20 16-SEP-21 Fld Svc-1V SC200 2,096.00 (LDcs� Page : 2 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMENIN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Controller:1 7-SE P-2020:16-SEP-20 21 3.1 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1105CO010637 3.2 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 191000191840 3.3 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 191000191839 3.4 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 191000185620 3.5 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1907CO198280 3.6 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1907CO198273 3.7 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 1907CO187960 3.8 LXV404.99.00502 sc200 CONTROLLER,AC-DC, DIG,HACH ; 191000191841 3 PMP-HQD-lV 17-SEP-20 16-SEP-21 PMP-HQd Series-1V(FRV 302.00 1):1 7-SEP-2020:16-SEP-2021 7.1 HQ411 D HQ411 d BENCHTOP METER, pH/mV; 120300068557 4 BSPPLUSSL1000 17-SEP-20 16-SEP-21 BenchPlus 697.00 S L 1000:17-SEP-2020:16-SEP-202 1 The Bench Service Plus includes: Factory repairs only,one PM/Calibration on site per year, unlimited technical support calls and free software upgrades on your instrument.Travel is included for one on-site visit.Additional visits may be billable. 9.1 9430000 ee ASSY, INSTRUMENT, SL1000; 160270101367 5 FSPTU52XX 17-SEP-20 16-SEP-21 Fld Svc TU52XX 1 577.00 VST:17-SEP-2020:16-SEP-2021 Field Service includes:All parts, labor,and travel for on-site repairs, 1 comprehensive PM/calibrations per year,factory recommended maintenance(including required (LDcs� Page : 3 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 QUOTATION U Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 parts), unlimited technical support calls,and free firmware updates. Please see service terms and conditions for additional details on our service plans,and to ensure you have an opportunity to review our environmental and safety requirements. 11.1 LPV442.99.03012 KTO:TU5200, Lab Turb with RFID, EPA; 1704491 6 FSPTU54XX- 1 VISIT 17-SEP-20 16-SEP-21 Fld Svc TU54XX 1 5,229.00 VST:17-SEP-2020:16-SEP-2021 Field Service includes:All parts, labor,and travel for on-site repairs, 1 comprehensive PM/calibrations per year,factory recommended maintenance(including required parts), unlimited technical support calls,and free firmware updates. Please see service terms and conditions for additional details on our service plans,and to ensure you have an opportunity to review our environmental and safety requirements. Cleaning Module Accessory is not covered under this offering. 12.1 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1952045 12.2 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1952103 12.3 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1952125 12.4 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1952126 12.5 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1915005 12.6 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1928373 12.7 LXV445.99.10212 db ee TU5400sc TURB,EPA; 1929709 Sub Total: 11,377.00 Tax: 0.00 4& Page : 4 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 QUOTATION Headquarters WebSite: www.hach.com Remittance P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 Total: 11,377.00 Partnership Notes All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgments,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(1)Buyer's issuance of a purchase order document against Hach's offer or quotation; (ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyer's order.Provisions contained in Buyer's purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract Customer Name : CITY OF FORT WORTH Customer P.O.Number : Customer Reference Number : TERMS&CONDITIONS OF SALE FOR HACH COMPANY PRODUCTS AND SERVICES This document sets forth the Terms&Conditions of Sale for goods manufactured and/or supplied,and services provided,by Hach Company of Loveland,Colorado("Hach")and sold to the original purchaser thereof("Buyer").Unless otherwise specifically stated herein,the term"Hach"includes only Hach Company and none of its affiliates.Unless otherwise specifically stated in a previously-executed written purchase agreement signed by authorized representatives of Hach and Buyer,these Terms&Conditions of Sale establish the rights,obligations and remedies of Hach and Buyer which apply to this offer and any resulting order or contract for the sale of Hach's goods and/or services("Products"). 1. APPLICABLE TERMS&CONDITIONS: These Terms&Conditions of Sale are contained directly and/or by reference in Hach's offer,order acknowledgment,and invoice documents.The first of the following acts constitutes an acceptance of Hach's offer and not a wuntemffer and creates a contract of sale("Contract")in accordance with these Terms&Conditions:(1)Buyer's issuance of a purchase order document against Hach's offer,(ii)acknowledgement of Buyer's order by Hach;or(iii)commencement of any performance by Hach pursuant to Buyers order.Provisions contained in Buyers purchase documents(including electronic commerce interfaces)that materially alter,add to or subtract from the provisions of these Terms&Conditions of Sale are not a part of the Contract. 2. CANCELLATION: Buyer may cancel goods orders subject to fair charges for Hach's expenses including handling,inspection,restocking,freight and invoicing charges as applicable,provided that Buyer returns such goods to Hach at Buyers expense within 30 days of delivery and in the same condition as received.Buyer may cancel service orders on ninety(90)day's prior written notice and refunds will be prorated based on the duration of the service plan.Inspections and reinstatement fees may apply upon cancellation or expiration of service programs.Seller may cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller determines may not comply with export,safety,local certification,or other applicable compliance requirements. 3. DELIVERY: Delivery will be accomplished FCA Hach's facility located in Ames,Iowa or Loveland,Colorado,United States(Incoterms 2010).For orders having a final destination within the U.S.,legal title and risk of loss or damage pass to Buyer upon transfer to the first carrier.For orders having a final destination outside the U.S.,legal title and risk of loss or damage pass to Buyer when the Products enter international waters or airspace or cross an international frontier.Hach will use commercially reasonable efforts to deliver the Products ordered herein within the time specified on the face of this Contract or,if no time is specified,within Hach's normal lead-time necessary for Hach to deliver the Products sold hereunder.Upon prior agreement with Buyer and for an additional charge,Hach will deliver the Products on an expedited basis.Standard service delivery hours are S am—5 pm Monday through Friday, excluding holidays. 4. INSPECTION: Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products.In the event the Products do not conform to any applicable specifications,Buyer will promptly notify Hach of such nonconformance in writing.Hach will have a reasonable opportunity to repair or replace the nonconforming product at its option.Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance in the event such a written notification is not received by Hach within thirty(30)days of delivery. 5. PRICES&ORDER SIZES: All prices are in U.S.dollars and are based on delivery as stated above.Prices do not include any charges for services such as insurance;brokerage fees;sales,use,inventory or excise taxes;import or export duties;special financing fees;VAT, income or royalty taxes imposed outside the U.S.;consular fees;special permits or licenses;or other charges imposed upon the production,sale,distribution,or delivery of Products.Buyer will either pay any and all such charges or provide Hach with acceptable exemption certificates,which obligation survives performance under this Contract.Hach reserves the right to establish minimum order sizes and will advise Buyer accordingly. 6. PAYMENTS: All payments must be made in U.S.dollars.For Internet orders,the purchase price is due at the time and manner set forth at www.hach.com.Invoices for all other orders are due and payable NET 30 DAYS from date of the invoice without regard to delays for inspection or transportation,with payments to be made by check to Hach at the above address or by wire transfer to the account stated on the front of Hach's invoice,or for customers with no established credit.Hach may require cash or credit card payment in advance of delivery.In the event payments are not made or not made in a timely manner,Hach may,in addition to all other remedies provided at law,either:(a)declare Buyers performance in breach and terminate this Contract for default;(b)withhold future shipments until delinquent payments are made;(c)deliver future shipments on a cash-with-order or cash-in-advance basis even after the delinquency is cured;(d)charge interest on the delinquency at a rate of 1-1/2%per month or the maximum rate permitted by law,if lower,for each month or part thereof of delinquency in payment plus applicable storage charges and/or inventory canying charges;(a)repossess the Products for which payment has not of made;(f)recover all costs of collection including reasonable attorneys fees;or(g)combine any of the above rights and remedies as is practicable and permitted by law.Buyer is prohibited from setting off any and all monies owed under this from any other sums,whether liquidated or not,that are or may be due Buyer,which arise out of a different transaction with Hach or any of its affiliates.Should Buyers financial responsibility become unsatisfactory to Hach in its maonable discretion,Hach may require cash payment or other security.If Buyer fails to meet these requirements,Hach may treat such failure as reasonable grounds for repudiation of this Contract,in which case reasonable cancellation charges shall be due Hach.Buyer grants Hach a security interest in the Products to secure payment in full,which payment releases the security interest but only if such payments could not be considered an avoidable transfer under the U.S.Bankruptcy Code or other applicable laws.Buyers insolvency,bankruptcy,assignment for the benefit of creditors,or issolution or termination of the existence of Buyer,constitutes a default under this Contract and affords Hach all the remedies of a secured party under the U.C.C.,as well as the remedies stated above for late payment or non-payment. 4& Page : 5 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRO:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 7. LIMITED WARRANTY: Hach warrants that Products sold hereunder will be free from defects in material and workmanship and will,when used in accordance with the manufacturers operating and maintenance instructions,conform to any express written warranty pertaining to the specific goods purchased,which for most Hach instruments is for a period of twelve(72)months from delivery.Hach warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety(90)days from the completion of the services.Parts provided by Hach in the performance of services may be new or refurbished parts functioning equivalent to new parts.Any non-functioning parts that are repaired by Hach shall become the property of Hach.No warranties are extended to consumable items such as,without limitation,reagents,batteries,mercury cells,and light bulbs.All other guarantees,warranties,conditions and representations,either express or implied,whether arising under any statute,law,commercial usage or otherwise,including implied warranties of merchantability and fitness for a particular purpose,are hereby excluded.The sole remedy for Products not meeting this Limited Warranty is replacement,credit or refund of the purchase price.This remedy will not be deemed to have failed of its essential purpose an long as Hach is willing to provide such replacement,credit or refund. 8. INDEMNIFICATION: Indemnification applies to a party and to such party's successors-in-interest,assignees,affiliates,directors,officers,and employees("Indemnified Parties").Hach is responsible for and will defend,indemnity and hold harmless the Buyer Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to Hach's breach of the Limited Warranty.This indemnification is provided on the condition that the Buyer is likewise responsible for and will defend,indemnify and hold harmless the Hach Indemnified Parties against all losses,claims,expenses or damages which may result from accident,injury,damage,or death due to the negligence or misuse or misapplication of any goods or services by the Buyer or any third party affiliated or in privity with Buyer. 9. PATENT PROTECTION: Subject to a1I limitations of liability provided herein,Hach will,with respect to any Products of Hach's design or manufacture,indemnity Buyer from any and all damages and costs as finally determined by a court of competentjurisdiction in any suit for infringement of any U.S.patent(or European patent for Products that Hach sells to Buyer for end use in a member state of the E.U.)that has issued as of the delivery date,solely by reason of the sale or normal use of any Products sold to Buyer hereunder and from reasonable expenses incurred by Buyer in defense of such suit if Hach does not undertake the defense thereof,provided that Buyer promptly notifies Hach of such suit and offers Hach either(1)full and exclusive control of the defense of such suit when Products of Hach only are involved,or(ii)the right to participate in the defense of such suit when products other than those of Hach are also involved.Hach's warranty as to use patents only applies to infringement arising solely out of the inherent operation of the Products according to their applications as envisioned by Hach's specifications.In case the Products are in such suit held to constitute infringement and the use of the Pmducts is enjoined,Hach will,at its own expense and at its option,either procure for Buyer the right to continue using such Products or replace them with non-infringing products,or modify them so they become non-infringing,or remove the Products and refund the purchase price(prorated for depreciation)and the transportation costs thereof.The foregoing states the entire liability of Hach for patent infringement by the Products.Further,to the same extent as set forth in Hach's above obligation to Buyer,Buyer agrees to defend, indemnify and hold harmless Hach for patent infringement related to(x)any goods manufactured to the Buyers design,(y)services provided in accordance with the Buyers instructions,or(z)Hach's Products when used in combination with any other devices,parts or software not provided by Hach hereunder. 10. TRADEMARKS AND OTHER LABELS: Buyer agrees not to remove or alter any indicia of manufacturing origin or patent numbers contained on or within the Products,including without limitation the serial numbers or trademarks on nameplates or cast,molded or machined components. 11. SOFTWARE:. All licenses to Hach's separately-provided software products are subject to the separate software license agreement(s)accompanying the software media.In the absence of such terms and Wall other software,Hach grants Buyer only a personal, nonexclusive license to access and use the software provided by Hach with Products purchased hereunder solely as necessary for Buyer to enjoy the benefit of the Products.A portion of the software may contain or consist of open source software, which Buyer may use under the terms and conditions of the specific license under which the open source software is distributed.Buyer agrees that it will be bound by any and all such license agreements.Title to software remains with the applicable Iiceneor(s). 12. PROPRIETARY INFORMATION;PRIVACY: "Proprietary Information"means any information,technical data or know-how in whatever form,whether documented,contained in machine readable or physical components,mask works or artwork,or otherwise,which Hach considers proprietary, including but not limited to service and maintenance manuals.Buyer and to customers,employees and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Hach and will not transfer or disclose it without Hach's prior written consent,or use it for the manufacture, procurement,servicing or calibration of Products or any similar products,or cause such products to be manufactured,serviced or calibrated by or procured from any other source,or reproduce or otherwise appropriate it.All such Proprietary Information remains Hach's property.No right or license is granted to Buyer or its customers,employees or agents,expressly or by implication,with respect to the Pmprietery Information or any patent right or other proprietary right of Hach,except for the limited use licenses implied by law.Hach will manage Customers information and personal data in accordance with its Privacy Policy,located at htto://www.hach.comdorivacvoolicv. 13. CHANGES AND ADDITIONAL CHARGES: Hach reserves the right to make design changes or improvements to any products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such changes or improvements to PmductB ordered by Buyer unless agreed upon in writing before the Products'delivery date.Services which must be performed as a result of any of the following conditions are subject to additional charges for labor,travel and parts:(a)equipment alterations not authorized in writing by Hach;(b)damage resulting from improper use or handling,accident,neglect,power surge,or operation in an environment or manner in which the instrument is not designed to operate or is not in accordance with Hach's operating manuals;(c)the use of parts or accessories not provided by Hach;(d)damage resulting from acts of war,terrorism or nature;(a)services outside standard business hours;(f)site prework not complete per proposal;or(g)any repairs required to ensure equipment meats manufacturers specifications upon activation of a service agreement. 14. SITE ACCESS f PREPARATION f WORKER SAFETY f ENVIRONMENTAL COMPLIANCE: In connection with services provided by Hach,Buyer agrees to permit prompt access to equipment.Buyer assumes full responsibility to back-up or otherwise protect its data against loss,damage or destruction before services are performed.Buyer is the operator and in full control of its premises,including those areas where Hach employees or contractors are performing service,repair and maintenance activities.Buyer will ensure that all necessary measures are taken for safety and security of working conditions,sites and installations during the performance of services.Buyer is the generator of any mauling wastes,including without limitation hazardous wastes.Buyer is solely responsible to arrange for the disposal of any wastes at its own expense.Buyer will,at its own expense,provide Hach employees and contractors working on Buyers premises with all information and training required under applicable safety compliance regulations and Buyers policies.If the instrument to be serviced is in a Confined Space,as that term is defined under OSHA regulations,Buyer is solely responsible to make it available to be serviced in an unconfined space.Hach service technicians will not work in Confined Spaces.In the event theta Buyer requires Hach employees or contractors to attend safety or compliance training programs provided by Buyer,Buyer will pay Hach the standard hourly rate and expense reimbursement for such braining attended.The attendance at or completion of such training does not create or expand any warranty or obligation of Hach and does not serve to alter,amend,limit or supersede any pad of this Contract. 15. LIMITATIONS ON USE: Buyer will not use any Products for any purpose other than those identified in Hach's catalogs and literature as intended uses.Unless Hach has advised the Buyer in writing,in no event will Buyer use any Products in drugs,food additives,food or cosmetics,or medical applications for humans or animals.In no event will Buyer use in any application any Product that requires FDA 510(k)clearance unless and only to the extent the Product has such clearance.Any warranty granted by Hach is void if any goods covered by such warranty are used for any purpose not permitted hereunder. 16. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise specified in this Contract,Buyer is responsible for obtaining any required export or import licenses.Hach represents that all Products delivered hereunder will be produced and supplied in compliance with all applicable laws and regulations.Buyer will comply with all laws and regulations applicable to the installation or use of all Products,including applicable import and export control laws and regulations of the U.S.,E.U.and any other country having properjurisdiction,and will obtain all necessary export licenses in connection with any subsequent export,reexport,transfer and use of all Products and technology delivered hereunder.Buyer will not sell,transfer,export or re-export any Hach Products or technology for use in activities which involve the design,development,production,use or stockpiling of nuclear,chemical or biological weapons or missiles,nor use Hach Products or technology in any facility which engages in activities relating to such weapons.Buyer will comply with all local,national,and other laws of all jurisdictions globally relating to anticorruption,bribery,extortion,kickbacks,or similar matters which are applicable to Buyers business activities in connection with this Contract,including but not limited to the U.S.Foreign Corrupt Practices Act of 1977,as amended(the"FCPA").Buyer agrees that no payment of money or provision of anything of value will be offered,promised,paid or transferred,directly or indirectly,by any person or entity,to any government official,government employee,or employee of any company owned in pad by a government,political party,political party official,or candidate for any government office or political party office to induce such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for Buyer or for Hach,or which otherwise constitute or have the purpose or effect of public or commercial bribery,acceptance of or acquiescence in extortion,kickbacks or other unlawful or improper means of obtaining business or any improper advantage,with respect to any of Buyer's activities related to this Contract.Hach asks Buyer to"Speak Upl"if aware of any violation of law,regulation or our Standards of Conduct("SOC")in relation to this Contract.See hftp,//donaher.wMinteantvendcam lip ante and—clanaherinteorsv.com for a copy of the SOC and for access to our Helpline portal. 17. FORCE MAJEURE: Hach is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of,including but not limited to Government embargoes,blockages,seizures or freeze of assets,delays or refusals to grant an export or import license or the suspension or revocation thereof,or any other ads of any Government;fires,floods,severe weather conditions,or any other acts of God;quarantines;labor strikes or lockouts;riots;strife; (LDcs� Page : 6 of 6 HACH SERVICE PARTNERSHIP Partnership Number: HACH388757 QUOTATION M Headquarters webSite: www.hach.com Remittance MMIMEMN P.O.Box 389 2207 Collections Center Dr CERTIFIED FRD:CAMS 5600 Lindbergh Drive Chicago,IL 60693 Loveland,CO 80539-0389 Wire Transfers Purchase Orders Bank of America 231 S.LaSalle St. Chicago,IL 60604 Account:8765602385 Routing(ABA):026009593 insurrections;civil disobedience or acts of criminals or terrorists;war;material shortages or delays in deliveries to Hach by third parties.In the event of the existence of any force majeure circumstances,the period of time for delivery,payment terms and payments under any letters of credit will be extended for a period of time equal to the period of delay.If the force majeure circumstances extend for six months,Hach may,at its option,terminate this Contract without penalty and without being deemed in default or in breach thereof. 18.NON ASSIGNMENT AND WAIVER: Buyer will not transfer or assign this Contract or any rights or interests hereunder without Hach's prior written consent.Failure of either party to insist upon strict performance of any provision of this Contract,or to exercise any right or privilege contained herein,or the waiver of any breach of the terms or conditions of this Contract will not be construed as thereafter waiving any such terms,conditions,rights,or privileges,and the same will continue and remain in force and effect as if no waiver had occurred. 19. LIMITATION OF LIABILITY: None of the Hach Indemnified Parties will be liable to Buyer under any circumstances for any special,treble,incidental or consequential damages,including without limitation,damage to or loss of property other than for the Products purchased hereunder,damages incurred in installation,repair or replacement;lost profits,revenue or opportunity;loss of use;losses resulting from or related to downtime of the products or inaccurate measurements or reporting;the cost of substitute products;or claims of Buyer's customers for such damages,howsoever caused,and whether based on warranty,contract,and/or tort(including negligence,strict liability or otherwise).The total liability of the Hach Indemnified Parties arising out of the performance or nonperformance hereunder or Hach's obligations in connection with the design,manufacture,sale,delivery,and/or use of Products will in no circumstance exceed in the aggregate a sum equal to twice the amount actually paid to Hach for Products delivered hereunder. 20. APPLICABLE LAW AND DISPUTE RESOLUTION: The construction,interpretation and performance hereof and all transactions hereunder shall be governed by the laws of the State of Colorado,without regard to its principles or laws regarding conflicts of laws.If any provision of this Contract violates any Federal,State or local statutes or regulations of any countries having jurisdiction of this transaction,or is illegal for any reason,said provision shall be selfiialating without affecting the validity of the remaining provisions.Unless otherwise specifically agreed upon in writing between Hach and Buyer,any dispute relating to this Contract which is not resolved by the parties shall be adjudicated in order of preference by a court of compatentjurisdiction(1)in the State of Colorado,U.S.A.if Buyer has minimum contacts with Colorado and the U.S.,(ii)elsewhere in the U.S.if Buyer has minimum contacts with the U.S.but not Colorado,or(iii)in a neutral location if Buyer does not have minimum contacts with the United States. 21. ENTIRE AGREEMENT&MODIFICATION: These Terms&Conditions of Sale constitute the entire agreement between the parties and supersede any prior agreements or representations,whether oral or written.No change to or modification of these Terms&Conditions shall be binding upon Hach unless in a written instrument specifically referencing that it is amending these Terms&Conditions of Sale and signed by an authorized representative of Hach.Hach rejects any additional or inconsistent Terms&Conditions of Sale offered by Buyer at any time,whether or not such terms or conditions materially alter the Terms&Conditions herein and irrespective of Hach's acceptance of Buyer's order for the described goods and services. 8/17/2020 Site:Active Service Partnership Contact Us 1 800-227-4224 Active Service Partnership Partnership Number: HACH361497 0.82 Start Date: 09-17-2019 End Date: 09-16-2020 Hach Company Contact: Ballard,Brent I Service Partnership 800-227- Service Partnership Email: bballard@hach.com Allen Phone: 4224 Customer Ref: FW060-0000004917 Customer Contact: Prasad Vattakunnel Customer Phone: Customer Fax: Customer Email: prasad.vattakunnel@fortworthgov.org Bill-To Account#208256 Ship-To Account#208256 Customer Name CITY OF FORT WORTH Customer Name CITY OF FORT WORTH Payment Terms: Net 30 Address 4 Address 4 Village Creek Billing Method: Annual-Invoices on START Date Address 1 200 TEXAS ST Address 1 4500 WILMA LN Currency: USD Address 2 Address 2 ***SHIP TO ON ACCT 40260254** Address 3 Address 3 City,State,Postal Code FORT WORTH,TX,76102 City,State,Postal Code ARLINGTON,TX,76012-5409 Province/Country US Province/Country US Line Service Name Line Total Covered Product Start Date End Date Description/Serial Number 1 FSPCL17 09-17-2019 09-16-2020 Fld Svc-2V CL17(current version) $10,782.00 1.1 5440000 oo CL17 FINAL ASSEMBLY W/KITS;030700007768 1.2 5440000 oo CL17 FINAL ASSEMBLY W/KITS;080400022006 1.3 5440000 oo CL17 FINAL ASSEMBLY W/KITS;060800016525 1.4 5440000 oo CL17 FINAL ASSEMBLY W/KITS;090200308415 1.5 5440000 oo CL17 FINAL ASSEMBLY W/KITS;090200308518 1.6 5440000 oo CL17 FINAL ASSEMBLY W/KITS;100500360217 1.7 5440000 oo CL17 FINAL ASSEMBLY W/KITS;010900003467 1.8 5440000 oo CL17 FINAL ASSEMBLY W/KITS;030700007724 1.9 5440000 oo CL17 FINAL ASSEMBLY W/KITS;192050027352 2 FSP210ON 09-17-2019 09-16-2020 Fld Svc-1 V 2100N Turb $414.00 2.1 4700000 oo 210ON LAB TURB,EPA 1821;020600007647 4 BSPPLUS2100P 09-17-2019 09-16-2020 BenchPlus-2100P $379.00 4.1 4650000 oo 2100P PORTABLE TURBIDIMETER;080600029898 5 PMP-HQD-1V 09-17-2019 09-16-2020 PMP-HQd Series-1V(FRV 1) $295.00 5.1 HQ30D HQ30d FLEXI PORTABLE METER;080100016689 6 FSPUVASPRB 09-17-2019 09-16-2020 Fld Svc-2V UVAS Sensor $1,178.00 6.1 LXV418.99.90002 db UVAS sc PROBE,50mm;1391786 7 FSP1720E 09-17-2019 09-16-2020 Fld Svc-4V 1720E Turb Sensor $755.00 7.1 LPV417.99.00002 1720E LR TURBIDITY SENSOR,HACH;110420038554 8 FSPSOLITAX 09-17-2019 09-16-2020 Fld Svc-2V Solitax Sensor $3,237.00 8.1 LXV423.99.10000 db T-LINE sc/IMMERS 4000NTU WIPER PVC;1602976 8.2 LXV423.99.00100 db TS-LINE sc/IMMERSION 50g/I WIPER SS;1469732DUP 8.3 LXV423.99.00100 db TS-LINE sc/IMMERSION 50g/I WIPER SS;1866757DUP 10 PMP-LDO-1 V 09-17-2019 09-16-2020 PMP-LDO-1 V(FRV 1) $7,088.00 10.1 5790000 oo DO PROBE,HACH;1201411127 https://istore.hach.com/OA_HTML/Xxhach_ibeViewSCPartnerShip.jsp?cntid=2278211&ck=85417ddf8e2548bd83866beOd29O9f22&rnCheck=yes 1/3 8/17/2020 Site:Active Service Partnership 10.2 5790000 oo DO PROBE,HACH;0807410465 10.3 5790000 oo DO PROBE,HACH;0802410148 10.4 5790000 oo DO PROBE,HACH;0809410644 10.5 5790000 oo DO PROBE,HACH;0808410671 10.6 5790000 oo DO PROBE,HACH;1010410207 10.7 5790000 oo DO PROBE,HACH;1111410636 10.8 5790000 oo DO PROBE,HACH;1007410715 10.9 5790000 oo DO PROBE,HACH;1005410590 10.10 5790000 oo DO PROBE,HACH;1003411030 10.11 5790000 oo DO PROBE,HACH;1205413884 10.12 5790000 oo DO PROBE,HACH;1203410411 10.13 5790000 oo DO PROBE,HACH;1203410425 10.14 5790000 oo DO PROBE,HACH;0701410291 10.15 5790000 oo DO PROBE,HACH;1107410283 10.16 5790000 oo DO PROBE,HACH;1107410286 13 FSPAN-ISE 09-17-2019 09-16-2020 FId Svc ANISE Sensor 2 Visit $6,618.00 13.1 LXV440.99.00002 as AN-ISE sc,HACH SENSOR w/RFID;1503002 13.2 LXV440.99.00002 as AN-ISE sc,HACH SENSOR w/RFID;1503637 14 FSPAMTAXSC 09-17-2019 09-16-2020 FId Svc-2V Amtax SC V.2006 $4,542.00 14.1 LXV421.99.14002 AMTAX sc AMMONIA ANLZR 115-230V,2 CH;1639353 14.2 LXV421.99.14002 AMTAX sc AMMONIA ANLZR 115-230V,2 CH;1639354 15 FSPFILTRAX 09-17-2019 09-16-2020 FId Svc-4V Filtrax $5,910.00 15.1 LXV294.54.00000 db FILTRAX CONTROL MODULE,115VAC;1651651 15.2 LXV294.54.00000 db FILTRAX CONTROL MODULE,115VAC;1651816 16 BSPPLUSHQD440 09-17-2019 09-16-2020 BenchPlus-HQD440 $465.00 16.1 HQ440D HQ440d BENCHTOP METER,MULTI;160300024248 17 BSPPLUSDR3900 09-17-2019 09-16-2020 BenchPlus-DR3900 $898.00 17.1 LPV440.99.00012 db as DR3900 SPECTROPHOTOMETER WITH RFID;1661691 18 FSPSC200 09-17-2019 09-16-2020 FId Svc-1 V SC200 Controller $2,988.00 18.1 LXV404.99.05552 sc200 CONTR,100-240V,2 DIG CONN,HART,HACH;1302CO064909 18.2 LXV404.99.05552 sc200 CONTR,100-240V,2 DIG CONN,HART,HACH;1303CO065459 18.3 LXV404.99.05552 sc200 CONTR,100-240V,2 DIG CONN,HART,HACH;1303CO075412 18.4 LXV404.99.05552 sc200 CONTR,100-240V,2 DIG CONN,HART,HACH;1303CO075430 18.5 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;110659001888 18.6 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;1211CO050624 18.7 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;1211CO060522 18.8 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;130059002262 18.9 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;1312CO089927 18.10 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;161000138319 18.11 LXV404.99.00552 sc200 CONTROLLER,AC-DC,2 DIG,HACH;1712CO147650 18.12 LXV404.99.00502 sc200 CONTROLLER,AC-DC,DIG,HACH;1104C0008234 19 FSPLD02 09-17-2019 09-16-2020 FId Svc LD02-1 visit $3,890.00 19.1 9020000 ASSY,PROBE,LDO MODEL 2,HACH;130670000026 19.2 9020000 ASSY,PROBE,LDO MODEL 2,HACH;130670000027 19.3 9020000 ASSY,PROBE,LDO MODEL 2,HACH;122350000008 19.4 9020000 ASSY,PROBE,LDO MODEL 2,HACH;142470000401 19.5 9020000 ASSY,PROBE,LDO MODEL 2,HACH;133470000015 19.6 9020000 ASSY,PROBE,LDO MODEL 2,HACH;132400000009 19.7 9020000 ASSY,PROBE,LDO MODEL 2,HACH;132410000002 19.8 9020000 ASSY,PROBE,LDO MODEL 2,HACH;130442000003 19.9 9020000 ASSY,PROBE,LDO MODEL 2,HACH;001010410216 https://istore.hach.com/OA_HTML/xxhach_ibeViewSCPartnerShip.jsp?cntid=2278211&ck=85417ddf8e2548bd83866beOd2909f22&rnCheck=yes 2/3 8/17/2020 Site:Active Service Partnership 19.10 9020000 ASSY,PROBE,LDO MODEL 2,HACH;001107410803 Sub-total $49,439.00 Tax $0.00 Total $49,439.00 Partnership Notes For immediate assistance,or to schedule service,contact our exclusive partnership technical support group at 1-866-902-HACH(4224)or email dispatch@hach.com for Field Service or services@hach.com for Bench Service.Please reference your partnership agreement number when calling. All purchases of Hach Company products and/or services are expressly and without limitation subject to Hach Company's Terms&Conditions of Sale("Hach TCS"),incorporated herein by reference and published on Hach Company's website at www.hach.com/terms.Hach TCS are incorporated by reference into each of Hach's offers or quotations,order acknowledgements,and invoice and shipping documents.The first of the following acts shall constitute an acceptance of Hach's offer and not a counteroffer and shall create a contract of sale("Contract")in accordance with the Hach TCS,subject to Hach's final credit approval:(i)Buyers issuance of a purchase order document against Hach's offer or quotation;(ii)Hach's acknowledgement of Buyer's order;or(iii)commencement of any performance by Hach in response to Buyers order.Provisions contained in Buyers purchase documents that materially alter,add to or subtract from the provisions of these Terms and Conditions of Sale shall be null and void and not considered part of the Contract. Terms and Conditions Print @Copyright 2013 Hach Company I PO Box 389,Loveland,CO 80539 1 800-227-4224 1 970-669-3050 https://istore.hach.com/OA_HTML/xxhach_ibeViewSCPartnerShip.jsp?cntid=2278211&ck=85417ddf8e2548bd83866beOd2909f22&rnCheck=yes 3/3