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HomeMy WebLinkAboutContract 59721CSC No. 59721 R Rp FORT WORTH CITY OF FORT WORTH SOLE SOURCE PURCHASE VENDOR AGREEMENT This Sole Source Purchase Vendor Agreement ("Agreement") is entered into by and between Firehouse Innovations LI, INC., ("Vendor") and the City of Fort Worth, ("Customer" or "Authorized Customer"), a Texas local government entity. The Sole Source Purchase Vendor Agreement includes the following documents which shall be construed in the order of precedence in which they are listed: 1. This Sole Source Vendor Purchase Agreement; 2. Exhibit A — Terms and Conditions; 3. Exhibit B — Vendor's Quote; 4. Exhibit C — Vendor's Sole Source Justification Letter; 5. Exhibit D — Sole Source Procurement Justification; and 6. Exhibit E — Conflict of Interest Questionnaire. 7. Exhibit F — Vendor Contact Information 8. Exhibit G — Verification of Signature Authority. The Vendor agrees to the Terms and Conditions which are attached. Exhibits A, B, C, D, E, F, G which are attached hereto and incorporated herein, are made part of this agreement for all purposes. The Amount of this contract shall not exceed $50,000.00 The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective Vendor. Vendor and Customer have caused this Agreement to be executed by their duly authorized representatives to be effective as of the date signed below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this 1st day of July, 2023. (signature page follows) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Sole Source Purchase Vendor Agreement Page 1 of 35 Firehouse Innovations LI, Inc. ACCEPTED AND AGREED: CITY OF FORT WORTH: vj By: Valerie Washington (Ju( 7, 2023 09:34 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Jul 7, 2023 20 APPROVAL RECOMMENDED: By: J s DaVlS (1] 15, 2023 08:16 CDT) Name: James Davis Title: Fire Chief ATTEST: By: C Name: Jannette Goodall Title: City Secretary VENDOR: Firehouse Innovations LI, Inc By: Name: Gianni DeRosa Title: President/Owner Date: V\9 2 , 2013 Sole Source Purchase Vendor Agreement Firehouse Innovations LI, Inc. CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: BJ n in 30, 2023 17:3 5 C DT) Name: Brenda Ray Title: —Purchasing Manager Fire Department APPROVED AS TO FORM AND LEGALITY: By: Ste= Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 2 of 35 EXHIBIT A CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1.0 DEFINITION OF BUYER The City of Fort Worth, its officers, agents, servants, authorized employees, vendors and subvendors who act on behalf of various City departments, bodies or agencies. 2.0 DEFINITION OF SELLER The consultant, Vendor(s), supplier, Vendor(s)or other provider of goods and/or services, its officers, agents, servants, employees, vendors and subvendors who act on behalf of the entity under a contract with the City of Fort Worth. 3.0 TERM 3.1 The term of this Agreement will commence upon July 1, 2023 or the last date that both the Buyer and the Seller have executed this Agreement (the "Effective Date ") and shall continue in full force and effect until June 30, 2024. ( This will be a maximum of 1 year- follow M&C date or agreed to date ), unless terminated earlier in accordance with the Provision of this Agreement. 3.2 Buyer shall have the sole right to renew this Agreement for 3 (three) additional one- year terms. If Buyer desires to exercise an option to renew, Buyer will notify Seller in writing of its intention to renew. Compensation to be paid during any option term shall be the same as is stated in the Initial Term, unless agreed to in writing by both parties. 4.0 PUBLIC INFORMATION Any information submitted to the City of Fort Worth (the "City") may be requested by a member of the public under the Texas Public Information Act. See TEX. GOWT CODE ANN. §§ 552.002, 552.128(c) (West Supp. 2006). If the City receives a request for a Seller's proprietary information, the Seller listed in the request will be notified and given an opportunity to make arguments to the Texas Attorney General's Office (the "AG") regarding reasons the Seller believes that its information may not lawfully be released. If Seller does not make arguments or the AG rejects the arguments Seller makes, Seller's information will be released without penalty to the City. 5.0 PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer shall have a financial interest, direct or indirect, in any contract with Buyer or be financially interested, directly or indirectly, in the sale to Buyer of any land, materials, supplies or services, except on behalf of Buyer as an officer or employee. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his office or position Sole Source Purchase Vendor Agreement Page 3 of 35 Firehouse Innovations LI, Inc Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the City Council shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter) 6.0 ORDERS 6.1 No employees of the Buyer or its officers, agents, servants, vendors or subvendors who act on behalf of various City departments, bodies or agencies are authorized to place orders for goods and/or services without providing approved contract numbers, purchase order numbers, or release numbers issued by the Buyer. The only exceptions are Purchasing Card orders and emergencies pursuant to Texas Local Government Code Section 252.022(a)(1), (2), or (3). In the case of emergencies, the Buyer's Purchasing Division will place such orders. 6.2 Acceptance of an order and delivery on the part of the Seller without an approved contract number, purchase order number, or release number issued by the Buyer may result in rejection of delivery, return of goods at the Seller's cost and/or non- payment. 7.0 SELLER TO PACKAGE GOODS Seller will package goods in accordance with good commercial practice. Each shipping container, shall be clearly and permanently marked as follows: (a) Seller's name and address: (b) Consignee's name, address and purchase order or purchase change order number; (c) Container number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container bearing the packing slip. Seller shall bear the cost of packaging unless otherwise provided. Goods shall be suitably packed to secure lowest transportation costs and to conform to requirements of common carriers and any applicable specifications. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 8.0 SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 9.0 TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery after inspection and acceptance of the goods. 10.0 DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation costs in the amount specified in Seller's proposals or actual costs, Sole Source Purchase Vendor Agreement Page 4 of 35 Firehouse Innovations LI, Inc whichever is lower, if the quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to designate what method of transportation shall be used to ship the goods. 11.0 PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 12.0 RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 13.0 INVOICES 13.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or purchase change order number. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, should be attached to the invoice. Seller shall mail or deliver invoices to Buyer's Department and address as set forth in the block of the purchase order, purchase change order or release order entitled "Ship to." Payment shall not be made until the above instruments have been submitted after delivery and acceptance of the goods and/or services. 13.2 Seller shall not include Federal Excise, State or City Sales Tax in its invoices. The Buyer shall furnish a tax exemption certificate upon Seller's request. 13.3 Payment. All payment terms shall be "Net 30 Days" unless otherwise agreed to in writing. Before the 1st payment is due to Seller, Seller shall register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website". 14.0 PRICE WARRANTY 14.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. In the event Seller breaches this warranty, the prices of the items shall be reduced to the prices contained in Seller's proposals, or in the alternative upon Buyer's option, Buyer shall have the right to cancel this contract without any liability to Seller for breach or for Seller's actual expense. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have in law or equity. Sole Source Purchase Vendor Agreement Page 5 of 35 Firehouse Innovations LI, Inc 14.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage or contingent fee, excepting employees of an established commercial or selling agency that is maintained by Seller for the purpose of securing business. For breach or violation of this warranty, Buyer shall have the right, in addition to any other right or rights arising pursuant to said purchase(s), to cancel this contract without liability and to deduct from the contract price such commission percentage, brokerage or contingent fee, or otherwise to recover the full amount thereof. 15.0 PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 16.0 SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or replacement at Seller's expense. In the event Seller fails to make appropriate correction within a reasonable time, any correction made by Buyer will be at Seller's expense. Where no correction is or can be made, Seller shall refund all monies received for such goods within thirty (30) days after request is made by Buyer in writing and received by Seller. Notice is considered to have been received upon hand delivery, or otherwise in accordance with Section 29.0 of these terms and conditions. Failure to make such refund shall constitute breach and cause this contract to terminate immediately 17.0 SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and unless otherwise agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable, royalty free license to use the software. This software is "proprietary" to Seller, and is licensed and provided to the Buyer for its sole use for purposes under this Agreement and any attached work orders or invoices. The City may not use or share this software without permission of the Seller; however Buyer may make copies of the software expressly for backup purposes. 18.0 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY Sole Source Purchase Vendor Agreement Page 6 of 35 Firehouse Innovations LI, Inc 18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to: programs, documentation, software, analyses, applications, methods, ways, and processes (in this Section each individually referred to as a "Deliverable" and collectively as the "Deliverables,") do not infringe upon or violate any patent, copyrights, trademarks, service marks, trade secrets, or any intellectual property rights or other third party proprietary rights, in the performance of services under this Agreement. 18.2 SELLER shall be liable and responsible for any and all claims made against the City for infringement of any patent, copyright, trademark, service mark, trade secret, or other intellectual property rights by the use of or supplying of any Deliverable(s) in the course of performance or completion of, or in any way connected with providing the services, or the City's continued use of the Deliverable(s) hereunder. 18.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense, including the payment of attorney's fees, any claim or action against the City for infringement of any patent, copyright, trade mark, service mark, trade secret, or other intellectual property right arising from City's use of the Deliverable(s), or any part thereof, in accordance with this Agreement, it being understood that this agreement to indemnify, defend, settle or pay shall not apply if the City modifies or misuses the Deliverable(s). So long as SELLER bears the cost and expense of payment for claims or actions against the City pursuant to this section 8, SELLER shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect the City's interest, and City agrees to cooperate with SELLER in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against the City for infringement arising under this Agreement, the City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, SELLER shall fully participate and cooperate with the City in defense of such claim or action. City agrees to give SELLER timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, the City's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify the City under this Agreement. If the Deliverable(s), or any part thereof, is held to Sole Source Purchase Vendor Agreement Page 7 of 35 Firehouse Innovations LI, Inc infringe and the use thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially adversely restricted, SELLER shall, at its own expense and as City's sole remedy, either: (a) procure for City the right to continue to use the Deliverable(s); or (b) modify the Deliverable(s) to make them/it non -infringing, provided that such modification does not materially adversely affect City's authorized use of the Deliverable(s); or (c) replace the Deliverable(s) with equally suitable, compatible, and functionally equivalent non -infringing Deliverable(s) at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement, and refund all amounts paid to SELLER by the City, subsequent to which termination City may seek any and all remedies available to City under law. 19.0 OWNERSHIP OF WORK PRODUCT Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes, methods, programs, and manuals that were developed, prepared, conceived, made or suggested by the Seller for the City pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Contract and that are completed or reduced to writing thereafter (the "Work Product") and Seller acknowledges that such Work Product may be considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the extent that the Work Product, under applicable law, may not be considered work(s) made for hire, Seller hereby agrees that this Agreement effectively transfers, grants, conveys, and assigns exclusively to Buyer, all rights, title and ownership interests, including copyright, which Seller may have in any Work Product or any tangible media embodying such Work Product, without the necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own name, all Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 20.0 NETWORK ACCESS The City owns and operates a computing environment and network (collectively the "Network"). If Seller requires access, whether onsite or remote, to the City's network to provide services hereunder, and the Seller is required to utilize the Internet, Intranet, email, City database, or other network application, Seller shall separately execute the City's Network Access Agreement prior to providing such services. A copy of the City's standard Network Access Agreement can be provided upon request. 21.0 CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this order if Seller breaches any of the terms hereof, Sole Source Purchase Vendor Agreement Page 8 of 35 Firehouse Innovations LI, Inc including warranties of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which Buyer may have in law or equity. 22.0 TERMINATION The performance of work or purchase of goods under this order may be terminated in whole or in part by Buyer, with or without cause, at any time upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which performance of work or the goods to be purchased under the order is terminated and the date upon which such termination becomes effective. Such right of termination is in addition to and not in lieu of any other termination rights of Buyer as set forth herein. 23.0 ASSIGNMENT / DELEGATION No interest, obligation or right of Seller, including the right to receive payment, under this contract shall be assigned or delegated to another entity without the express written consent of Buyer. Any attempted assignment or delegation of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller, if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees or interest resulting therefrom. 24.0 WAIVER No claim or right arising out of a breach of this contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration in writing and is signed by the aggrieved party. 25.0 MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 26.0 THE AGREEMENT In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement between Buyer and Seller shall consist of these Standard Terms and Conditions together with any attachments and exhibits. This Agreement is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between Sole Source Purchase Vendor Agreement Page 9 of 35 Firehouse Innovations LI, Inc the parties and no usage of trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance of or acquiescence in a course of performance under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall control. In the event of a conflict between the contract documents, the order of precedence shall be these Standard Terms and Conditions, and the Seller's Quote. 27.0 APPLICABLE LAW / VENUE This agreement shall be governed by the Uniform Commercial Code wherever the term "Uniform Commercial Code" or "UCC" is used. It shall be construed as meaning the Uniform Commercial Code as adopted and amended in the State of Texas. Both parties agree that venue for any litigation arising from this contract shall be in Fort Worth, Tarrant County, Texas. This contract shall be governed, construed and enforced under the laws of the State of Texas. 28.0 INDEPENDENT VENDOR(S) Seller shall operate hereunder as an independent Vendor(s) and not as an officer, agent, servant or employee of Buyer. Seller shall have exclusive control of, and the exclusive right to control, the details of its operations hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub- vendors. The doctrine of respondent superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors and subvendors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors and subvendors. 29.0 LIABILITY AND INDEMNIFICATION. 29.1 LIABILITY - SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY HIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 29.2 INDEMNIFICATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY (ALSO REFERRED TO AS BUYER), ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY HIND OR CHARACTER, WHETHER REAL OR Sole Source Purchase Vendor Agreement Page 10 of 35 Firehouse Innovations LI, Inc ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS OFFICERS, AGENTS, SUBVENDOR(S)S, SERVANTS OR EMPLOYEES 30.0 SEVERABILITY In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this agreement, which agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 31.0 FISCAL FUNDING LIMITATION In the event no funds or insufficient funds are appropriated and budgeted in any fiscal period for payments due under this contract, then Buyer will immediately notify Seller of such occurrence and this contract shall be terminated on the last day of the fiscal period for which funds have been appropriated without penalty or expense to Buyer of any kind whatsoever, except to the portions of annual payments herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. 32.0 NOTICES TO PARTIES Notices addressed to Buyer pursuant to the provisions hereof shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to Purchasing Manager, City of Fort Worth, Purchasing Division, 200 Texas Street, Fort Worth, Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3) business days following the day such notice is deposited in the United States mail, in a sealed envelope with sufficient postage attached, addressed to the address given by Seller in its response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery, notice is considered received upon delivery. 33.0 NON-DISCRIMINATION This contract is made and entered into with reference specifically to Chapter 17, Article III, Division 3 ("Employment Practices"), of the City Code of the City of Fort Worth (1986), as amended, and Seller hereby covenants and agrees that Seller, its employees, officers, agents, vendors or subvendors, have fully complied with all provisions of same Sole Source Purchase Vendor Agreement Page 11 of 35 Firehouse Innovations LI, Inc and that no employee, participant, applicant, Vendor(s)or subVendor(s)has been discriminated against according to the terms of such Ordinance by Seller, its employees, officers, agents, Vendor(s)or subvendors herein. 34.0 IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 35.0 HEALTH, SAFETY, AND ENVIRONMENTAL REOUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, for all licenses, permits, certificates, and inspections necessary to provide the products or to perform the services hereunder. Seller shall indemnify Buyer from any penalties or liabilities due to violations of this provision. Buyer shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 36.0 RIGHT TO AUDIT Seller agrees that the Buyer, or Buyer's authorized representative, shall, until the expiration of three (3) years after final payment under this contract, and at no additional cost to Buyer, have access to and the right to examine and copy any directly pertinent books, computer disks, digital files, documents, papers and records of the Seller involving transactions relating to this contract, including any and all records maintained pursuant to this Agreement. Seller agrees that the Buyer shall have access, during normal working hours, to all necessary Seller facilities, and shall be provided adequate and appropriate workspace, in order to conduct audits in compliance with the provisions of this section. Buyer shall pay Seller for reasonable costs of any copying in accordance with the standards set forth in the Texas Administrative Code. The Buyer shall give Seller reasonable advance written notice of intended audits, but no less than ten (10) business days. Sole Source Purchase Vendor Agreement Page 12 of 35 Firehouse Innovations LI, Inc 37.0 DISABILITY In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller warrants that it and any and all of its subvendors will not unlawfully discriminate on the basis of disability in the provision of services to general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Seller or any of its subvendors. Seller warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold Buyer harmless against any claims or allegations asserted by third parties or subvendors against Buyer arising out of Seller's and/or its subvendor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 38.0 DISPUTE RESOLUTION If either Buyer or Seller has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith effort, either through email, mail, phone conference, in person meetings, or other reasonable means to resolve any claim, dispute, breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the parties may submit the matter to non- binding mediation upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. 39.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Seller certifies that Seller's signature provides written verification to the City that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract 40.0 INSURANCE REOUIREMENTS Sole Source Purchase Vendor Agreement Page 13 of 35 Firehouse Innovations LI, Inc 40.1 Seller shall assume all risk and liability for accidents and damages that may occur to persons or property during the prosecution of work under this Agreement. Seller shall file with the City of Fort Worth Purchasing Division, prior to the commencement of services, a certificate of insurance documenting the following required insurance within five (5) calendar days of notification. 40.2 Policies shall have no exclusions by endorsements which nullify the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved by the City. In the event a contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the Vendor to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 40.2.1 Statutory Workers' Compensation Insurance and Employer's Liability Insurance at the following limits: $100,000 Each Accident $500,000 Disease — Policy limit $100,000 Disease — Each Employee This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. 40.2.2 Commercial General Liability Insurance including Explosion, Collapse, and Underground Coverage shall be provided as follows: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate Coverage shall include but not be limited to the following: premises/operations, independent vendors, products/completed operations, personal injury, and contractual liability. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 40.2.3 Auto Liability Insurance shall be provided as follows: Sole Source Purchase Vendor Agreement Page 14 of 35 Firehouse Innovations LI, Inc $1,000,000 Combined Single Limit Each Accident A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. 40.2.4 The Contractor shall furnish the Purchasing Manager, with a certificate of insurance documenting the required insurance prior to the commencement of services. 40.2.5 Policies shall be endorsed to provide the City of Fort Worth a thirty- (30) day notice of cancellation, material change in coverage, or non -renewal of coverage. 40.2.6 Applicable policies shall also be endorsed to name the City of Fort Worth as an additional insured, as its interests may appear (ATIMA). 40.3 ADDITIONAL INSURANCE REQUIREMENTS 40.3.1 The City, its officers, employees and servants shall be endorsed as an additional insured on Vendor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 40.3.2 Certificates of insurance satisfactory to the City and Worker's Compensation Affidavit must be received before Vendor can begin work. Failure to supply and maintain such insurance shall be a breach of contract. Contractor shall provide complete copies of all insurance policies required by this Agreement. Certificates of insurance must be supplied to: Financial Management Services Department Attention: Purchasing Division SS- 200 Texas Street (Lower Level) Fort Worth, Texas 76102 40.3.3 Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the City a minimum 30 days' notice of cancellation, non- renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall be acceptable in the event of non-payment of premium. 40.3.4 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial Sole Source Purchase Vendor Agreement Page 15 of 35 Firehouse Innovations LI, Inc strength and solvency. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 40.3.5 Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. 40.3.6 Workers' compensation insurance policy(s) covering employees of the Vendor shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 40.3.7 City shall not be responsible for the direct payment of insurance premium costs for Vendor's insurance. 40.3.8 Vendor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 40.3.9 While this agreement is in effect, Vendor shall report, in a timely manner, to the Purchasing Department any known loss occurrence that could give rise to a liability claim or lawsuit or which could result in a property loss. 40.3.10 Vendor's liability shall not be limited to the specified amounts of insurance required herein. Sole Source Purchase Vendor Agreement Page 16 of 35 Firehouse Innovations LI, Inc Firehouse Innovations LI 47 Locust Street Bayport, NY 11705 63139"461 Fimhomefi@aol.com www.firehouseinnovalions.com Price Quote ADDRESS Jarod Goad Fort Worth Fort Worth, TX 76101 DATE EXHIBIT B VENDOR'S QUOTE SHIP TO Jarod Goad Fort Worth Fort Worth, TX 76101 ACTIVITY DESCRIPTION Forcible Entry Door Wheel System -------------------------------------------------- Doors can also be picked up at our facility. (71 Kean Street West Babylon NY 11704). Inquire about our Train the Trainer training classes! "Shipping rate includes handling. `Liftgate service and scheduled delivery is included. Now available for purchase! • NEW Wheel System -Attachable & removable wheel system Cutting Station attachment • Battering Ram attachment • Bundle of extra Spike Blocks and Extra Forces Mat System Hydra -Ram Tester Accepted By Accepted Date Vendor Services Agreement Firehouse Innovations LI, Inc Attachable & removable wheel system that allows your door to be mobile! ------------------------------------------ SUBTOTAL SHIPPING TOTAL Price Quote is valid for 60 days. Page 1 of 1 J ;� , is IlVC. "THE KEY TO FORCIBLE ENTRY" PRICEQUOTE 1711 DATE 05/19/2023 EXPIRATION 07119/2023 DATE CITY RATE AMOUNT 1 6,990.00 6,990.00 1 795.00 795.00 ------------------------------------------------ 7,785.00 1,215.00 ------------------------------- --------------- -- $9,000.00 Page 17 of 35 EXHIBIT C VENDOR'S SOLE SOURCE JUSTIFICATION LETTER LI INC. "'THE XEY TO FORGrBLE may^ 47 Locusi Street, B yport. NY 11705 Tel-, 515-308.3132 www_Firehnusetnnavatian5.[Dm January S, 2023 TO NWOM IT MAY CONCERN: Dear Sir or Madam: Please be advised that I am the sole source of the Multi -Force Door U5 PATENT NOS, 8,408,917 B2 and 8,926,332 B2 I (Forcible Envy Dnnr S�mulalor), and that no one else sells them for my company. if you need any more information, please call the above number. Sincerely, amni lea. Presidcnt/C caner FirehouseLlaaol_com Sole Source Purchase Vendor Agreement Page 18 of 35 Firehouse Innovations LI, Inc EXHIBIT D SOLE SOURCE EXEMPTION FORM FORT WOR rll CITY OF FORT WORTH (17L-1PTER 252 E-U-lIPTION FORA Instrurctions: Fill ow the entire k)mi with detailed infornntion Once you have completed this fiorm provide it to the PttrchastiQ anonry fnr re,icv The attonry t,ffi re,ietr the L wuhave provided to detemxr ,tirtber anelerrrption to Chapter 'S-'s bding is defensible. If you are priruing this form to provide to Legal please do mt provide the Prim portion Faihrre to provide satfciem iutbmration nnv result in f)W-x tip questions and cause a delay in the attomev's Section 1: General Infolmadon Requesting Department: Fire Deparnnrnu Nanr of Contract Alamaer: Brenda Rav Deparwrrtt s Attorney = Ta�ior Paris Item or Service sour& Goods: IR Senice: Q Anticoated Annta: S50.000.001 Vendor: Firehotse Inwintions LL Inc. CuurexPrior Aaeenrm for itemser.-ice: Yes ❑ No C'SC' or Pttrcliase Order a: \ A Arnnoutoi: \ A] Projected 1 I1&C' Date: \'A] Hux wl this item or senice be used" Tlr Multi -Force Faun- Door provides several difkeru tramw seriaws to aDow firefighters to oractice bretcbLw an eritry usare niam forible- ernr: techwies in order to min access to a fire. Streroth and knowledge aDo xs firefighters and the citarris of Fort Worth a tich theV,e sasom to protect a better chance tlaoiwh training. H.as Iota . ; _..... ,.. started a requisition or otherwise contacted the Ptffchasing Dr.ision related to obtaining this good service? Yes ❑ No Page l of 6 Sole Source Purchase Vendor Agreement Page 19 of 35 Firehouse Innovations LI, Inc If piuse provide regttis6o rt rmmber or brief eV1-u ition of contact -a-di Ptrd using Division_ Section 2: Claimed Eaeuoption and Justificaarion (Dryer dran sole source) NOTE - For a cbiard sole -soiree e%enrption complete Sectin 3. Please indicate the mu —sole -source enmiption you bebi ,w apples to the purchase and pruMe mforination to support its applicability. Please refer to the Ex&mptiDn Prinrr for detailed mfbfi hon about can a miptiDns: II A proctrrenrnt necessary to pnewne or protect th& fniblic health or safct- of the City of Fart Wort9r`s resi ienis: 0 A t„0L,.'..c� necessary became of unfDreseen damage to pubk machinery, egL#u rnt_ or other propem� II A procuretirrrr for persoml, or pl:anoing sen'ices; II A procirenrrrr for ;'Drk that is pertm-rd arid paid for by the dad, as the work progresses:. II A purclmse of hid or a rt&-of way II Pane¢ dramg2_ street "Ykm -u and other publc arnprovemeris. or related matters_ if at least one-third of the cost is to be paid by or through special levied on property that will bewft from tlr enprovetneuts; II A public vvprownrant project, already in progress_ art iommd by the voters of the nrttricipality. for w-12ch tlrre is a deficiency of fiMC6 fur completing the project in accordance with the plans and purposes aubaria`d by tir eaters; II A pa�uri t tender a contract by whch a developer pa wpates is the ton of a public iinprovemeid as provided by Subchapter C_ Chapter 211 II Personal property- sold: $ at an auctiott b-v a state licensed aucwaeer • at a goiuff cut of business sale held in conrphaLee %pith Subchapter F_ Chapter ii Btr�u . s & Cora rice Code; • by a political subdn.yiion of this stare_ a state agency of flm share. or an e=y of the federal goveim'rnt:. or Lmder an iuterlocal contract for cooperatir ptidnsing adnmistered by a remnal plam g coammsion establshed under Chapter 391; II Senices perfornrd by blind or sewfely disabled persons; II Croods puecinsed by a muicipalnty four abt equmf retail sale by the mnicipality. Page 2 of 6 Sole Source Purchase Vendor Agreement Page 20 of 35 Firehouse Innovations LI, Inc n Electricity; or II A(Wertislug- other than l`ml notices. Please pro,.te deter and Eucts to explain wh� yuu below the e%entption applies to tlr purchase- You may also attach d ..rl:ion to this farm Section 3: C:laiu?d -Sole-.Souuce Esenipdon and Jusdficution NOTE - For any run- sole-soireeconipltite Section _'. Please itdicate the sole-sottrce et€entptiou you beheve applies to the pitrchtse d)d pro,ide t orrration to support its apphcabLhty. Please refer to the Exeniption Prnrf for denled tufurvmtion abort connxun exemptions *A procurairn2 of items tint are asaatlable from onto, one source. ioel<tding: • iten-s that are a mlable fi ouh, one source because ofpatectr copysidlts- secret processes_ or natural nioilopolrs; Mais, mmi cripts, or books; gfus, water, and other u2hh senxes; • captive replacetirrir Pasts or c.. r ��.} far boobs- papers- and other l<brarw nruteriils R)r a pub5c E that are , &bl- on1, kmi the persom hokluig exclusive distributtion nglz to the rnateTials: and • rm gm-&ut sertices prmxled by a nonprofit orga=wia to a niuncipal ninemn park. zoo, or other ficil to,�lwh the or o¢ation has proMed siarifcant flnurial or other benefits; How did ,,uu deterniar that the irenu or wnxe is onbr amilablE from one source's Checked Co-01)s- irmenrt and spoke „di Fire Training staff to detenrm®e that this particuhr door is the nu st up to date and has n features that roost of the tram: props out there do not Inge. This door albws cure von -°mile forcr'ble enzv t -.m- mLy exercises for nrre realistic fire fi&ing senariors. Attach screembots and pronde an explamnon of any mdepeiOerr research you conducted_ drouo gh ierternet searches- searcloatg cooperatives, 07 diisctussions ixrtlu otLrrs k o,vled able on the subject nutter tlxut corroborate that the item is am. able one, from a sire source.. Checked Co- Ops, iirfemet ardd spoke i�th Fire Tram= stab Page 3 of 6 Sole Source Purchase Vendor Agreement Page 21 of 35 Firehouse Innovations LI, Inc Did you attach a sole source lust&ahon k#ff? M Yes ❑ No Descnbe the umquemss ofihe item or semen (e_g, compatibility or patent issues, etc:). This pateibed (Patent Nos_: US 8,408,917 B2 and 8,926,332 B2) door system is by far the most realisticand vemtde Rrrcble-entry traimmg dewaoe on te market todw, You can train vmx nrnbers using e y technique which apples to ux-and-mmmm doors, ouM- rd-opemiz doors, lel}-mend and rr -band Ymmmag door, with metal or wood 1a ts, usg hallimn and fiat bead axe or nmi Hydra Fain and rabbt tool can also be used. 'lltr fvrcbk-env stn lator wffl train frefiRMus for these 6-Des ofdom enroimtered m davto- dai kefrahtin - :Section 4: Aftonmy DetermB IA'Ah the facts provded by the depart rnL s the use of the clamed exmptjon delnshle if the City here to be challenged on this purchase? M Yes IINo_ Was diffe am -thing attached to this fDrm tint w s reled on in nukM this deternmiaton? V MYes IINo. Lf saes, please e ;lani:Sole source and patent ikrnntion. attached Was there am -thing rent imcWed au this f m or attached hereto tint was relied on in nr&mg tiM detff=ation? a Yes j No_ If W-s, please e.ilani: Win the standmd tem-E and condihom appr Fill the comact regiure special terms? Win the contract regture rev by the departnrnt� attorm ' Appiooved BY: s1 P :' Jessika R'illia ryas Assistant City Atto€ ry NYes IINo_ a Yes Z No_ M Yes F-1 No_ Date: &12f23 Page 4 of 6 Sole Source Purchase Vendor Agreement Page 22 of 35 Firehouse Innovations LI, Inc Firehouse InnavAons U 47 Ln ml Street 1Q}Pyt. NY 11705 fi31-MQ4gi Fir4hpµpg1ii@g01,Spm ww .nrrhpdDoi nno.ONON. COO PrIGe Okic)te Jarod Goad For; Worth Fort W&1h, TX 75101 DATE ACTIVITY Forcible Entry Door Wheel System Doors can also be picked up ac our faciRy. (71 Keen Street West 6abyIon NY 11704). Inqulre about our Tran 1he Trainer trsinFlg ensses! 'Shilrxtg rate inckldea handing. —U"e service and scheduled defvery ia rrckxkd Now 4walleble faa purchase! • NEW Wheel System-kwuhable & iemo4 able wheel sy stern Cudirg SUWn 8"thment • Bettering Ram atmchment Rundle at extra Spike Skx&s end 6dra Forces MM SySMen Hydre-Ram Teeter Accepted 5y+ Accepted hate -,-I,j . t, Jars] Goad For WOM For Wcrlh, 7X 751p1 19 7 Ou Vc "THE 3my ro PORCfHLE ENT'HY' PRICEQUOTE 1711 DATE 051W2025 EKPIRATION 07+192423 DATE DESCRIPTIQN QTY RATE 1 6,990A0 Altschabie & rempvablp wher:I spstp. m 795,00 that allows your doortD be mobile' ------------------------- SUBTOTAL SHIPPING ------------------------------ TbTAL Sole Source Purchase Vendor Agreement Firehouse Innovations LI, Inc AMOUNT 6.990-00 795.00 7,785= 1215-00 Page 23 of 35 M INC. "T"FIE KEY TO FORCIBLE ENTRY" 47 Locust Strect, Bayport, NY 11705 Tel; 516-3N-3132 ww,w. ORDEP GATE I ORDER NUMBER I JOB LTEM N DESCRIPTION 1, Muld-Force Door (Forcible -Entry Door System) Tool Bo;: Templates for all Wood Bungies Angle Irons (b) Chocks Added Instruc#ion, etc- 3- NVoGii Bundles: 48 Heavy Resistancc 2.4 Light Rcsist=ct 4 Loosc Spike Blocks 1 Set in Jamb QIIAWnTY F 0 4. Safety Spike Plate 1 with Instruction to Attach to Jamb THANK YOU FOR YOUR BUSINESS! Sole Source Purchase Vendor Agreement Page 24 of 35 Firehouse Innovations LI, Inc �. LI INC. "TIC KEY TO FORCIBLE EN71LY" 47 Locust Street, Bayport, NY 11705 Tel: 516-3M1 3132 w ww_F"rehvrjseIn nova#ions-Cam ABOUT THE DOOR: This patented (Patent Nos.: US 8,408,917 82 and 8,926,332 02) door system is by far the most realistic and versatile forcible -entry training device on the market today. You can train your Iuembers using every technique, which applies to inward-Dpening doors, outward -opening doors, left-hand and right-hand swinging door, with metal or wood jambs, using halligau and flat head axe or maul. Hydra Rem and rabbit tool can also be used - This forcible -entry simulator will train firefighters for these types of doors encountered in day- to-day firefighting - Inward -Opening Mori with Metal Jambs: ` lese are doors you would most likely encounter in an apartment building or similar situation (Angle Irm which covers the locking area on some apartment doors in high crime areas can also be attached to this door if desired). Outward -Opening Doors with Mehl Jambs: Thegc are doors you would most Iikely encounter on a commercial building's exterior entrance or exit- Also bulkhead doors on the roof of tenernents and apaariment buildings, also open oumatrd. Inward -Opening Doors with Wooden Jambs: These doors are mainly encountered in private dwellings. For most of the country these are the most prevalent doors. Two -Door Feature: Another very imuortant feature of the Multi -Force door is that we have two swinging doors- This feature allows firefighters to force doors that swing to the left as well as doors that swing to the right, As we all know, the gapping techniques as well as the spiking techniques or (baseball sv ing as some call it), are completely different for left-hand swinging doors as opposed to right-hand swinging doors. Having both left and right-hand swinging doors gives the firefighter tremendous advantage in being able to practice the different ways that the gapping technique and sp*jng techniques are applied depending on the swing of the door. Firehouse Innovations LI, Inc Example:. If you had a prop with only one door and you wanted to practice the spiking method (also known as the baseball swing method), You would only be able to sewing the spike of the halligan loaf into the wood jamb simulator from one particular side! That would be great if every inward -opening doer with a wooden jamb that we encounter in the real world, at a real fire, opened the same way you practiced. But guess what, 50% of the time the door swings from the opposite side. You need to practice your left-handed swim as well as your right- handed swing. Let's face it, we all have a weaker swing from one side as opposed to the other. Thi-5 two -door feature allows you to improve your swing greatly from your weaker side, as weIl as make your strong side swing evert stranger. Remember also that the gapping method used on an inward -opening metal jamb door is also different for left and right-hand swinging doors_ The importance of having two doors on a forcible -entry prop to Simulate these scenarios that you will enco=ter, cannot be overstated. Although the Multi -Force door fully assembled weighs in at apprioximatOy 760 pounds, it can be easily disassembled in less than fine minutes into six parts (base plate, two side jambs, top header, and two doors)_ These six parts can easily fit into a pick-up truck or van_ This :Hakes transporting the prop between fire stations simple and easy. To m4)rove the forcible -entry efficiency of your department and the firefighters under your command, you need to practice the many forcible -entry techniques that can be performed on the Multi -Faroe door, and perform them often. The quicker the door gets fordo, the quicker water gets to the fire. All firefighters know that when there is a quick entry, which leads to water beiug applied to the fire quicker, more lives and property are saved. Give your firefighters and the civilians they protect better odds with better training_ Traizr with the best prop made for forcible -entry training. Train with the Multi -Farce forcible -entry door system. Check out our videos on our website www. F i reho u seI n novation s. co rn Sole Source Purchase Vendor Agreement Page 26 of 35 Firehouse Innovations LI, Inc "KUY TO F RCEULE pv :f2rehouseinnovations,com PRODUCTS . MUHI-Force me le mry Door ustem • crush D00r PF0B- Srm 6-ters sxWLyWW irs like tafwmana#vvar+d aprirg metal doa- pith a n-vial jant • Llydra-Ram Tester- P&-.-.�rs W H,4-a-F�im �-V,rdraLtic forcible air device made ley ACCESSMES & ADD ON • NEW Wheel YStelll- Atadlahle rennNable W-, d systemth3t alloAs you- doa- to be Mh la • CutuniSM110H Attad[Ment- Nhke yam,- mnn lodes M reed to buy lacks ever agarrr 01 locks and rear, and most inp atantly be able to blast t he lode b * fromthe sties C&T and M er again • BaUMD9 KaM AHBOMeRl- Geared Words Law B SA Lu i d t & M litary doa- bmad g geratiors ring a battery ram and tau hie ent ry tod& * B uridl a of Extra Spike B I OCkS- 4 blocks i n a bundle You can px&e5e ae rruny as you vmid like. • Bundle Of Mom, 3 burden 2,4heaWl ligft Sole Source Purchase Vendor Agreement Page 27 of 35 Firehouse Innovations LI, Inc • Mal Y l lil- Includes a set of 4 nbber- mats Lid to protect yo r- flocrs and stahi l i ze ya.r door. • Egra HardWarle Kit- QnpLetekamMamkt that pertai nsto cw NUti -Rrm Dr- . NOB AY SimulaforwWAT have to Ixy la s agai rt . Exlra Threaded Rods- 8 �eca.- Fer lock S rnlat cr on OLff i rg Statim *These productslaccessories can be added to your Mufti -Force Door order, or can be ordered individually on our website, *Items listed on our website include shipping. If purchased with your door, shipping fees are waived, For more information on these products, please visit: www.Firehouseinnovations.com/store Sole Source Purchase Vendor Agreement Page 28 of 35 Firehouse Innovations LI, Inc LI INC. "TIC 1E'Y TO FORCIBLE E?MVY^ 47 Locust Strae� Bayport, NY ] ] 705 Tel, 515-308-3132 www-FirehouseInnavatian5.[om January S, 2D23 TO HW M IT MA Y CONCERN: : Dear Sir or Madam: Please be advised that I am the sole source of the Multi -Force Door US PATENT NOS. 8,408,917 E2 and 8,926,332 B2 I (Forcible Entry {�nnr $�muFa�tnr), and that no one else sells them for my company - If you need any more information, please call the above number. Sincerely* iarasi � a. Presidcttt/Ow= H irehouseLlQao1-oom Sole Source Purchase Vendor Agreement Page 29 of 35 Firehouse Innovations LI, Inc TERMS ANL) CONDITIONS OF THE TRANSACTION BETWEEN-. SELLER; Firehouse Innovations U Inc. PURCHASER' DATE: Upon submitting this contract of sale to purchase our"Multi-Force" Forcible Entry Door System (pafvned) to be used to assist Flre Departments in training their members an the task of forcible entry of doors. Thls agreement wrnprlses the entire agreement affecting the purchase and commitment to purchase our product(s). By checking and initialing the boxes below, the purchaser agrees to the contracted total price. C $MD Forcible Entry Door ❑ $350 to add Cutting Station feature ❑ $450 to add Battering Ram feature p $2100 W add Crush Door prob simulator ___❑ $ shipping and handling (No initial required if product is being picked up for a total contracted pace of $ Upon submittal of this contract, the purchaser agrees to pay the contracted price in Full. The Seller agrees to deliver the product tD the Purchasers seled address, or purchaser may pick it up at Sellers New York address. It wlll be assumed by the Purchaser and Seller that the employees and/or agents of the Purchaser are familiar with the product and know how to Use same, safely, and eFfidenty, elther by dlrect Instruction from Firehouse innovations or by the Instructional Video provided by Firehouse Innovations' website www.FirehDUSEInTiovations.com The Seller shall not be liable for any delays In dellvery of the product_ And the Seller shall not be liable for any comsequential damage, alleged to have been suffered t+y the Purchaser of any other type of damage whatsoever, The Seller expressly disdaims all warranties expressed a Implied, Induding any implled warranty of merchantability Dr fitness for a particular purpose, And that the Seller neither assume$, nor authorizes, any other person tD assume for them any liability irr Connection with the purchase of this product. Sole Source Purchase Vendor Agreement Page 30 of 35 Firehouse Innovations LI, Inc The Seller shall give a limited one-year warranty relating to a problem caused by a manufacturing defect or Faulty parts. The Seller agrees to repair or replace these faulty parts within this one-year period only. If this contract is cancelled by the Purchaser priorto delivery, without consent of the Seller, the Purchaser understands he will be Fable fo r liquidated damages in the sum of $SOU. Both the Purchaser and the Selleragree that this agreement is governed by New Yurk State law. Any dispute arising per this agreement shall be submitted to binding arbitratianr in front of American Arbitration Association. The Purchaser agrees thatthis product (Multi -Farce, Forcible Entry OoorSystem) shall not be rented for morietary gains to other Nre departments_ All warning stickers or Fir,-hoose Innovations logo stickers shall not be purposely covered or removed from this product. Any such stickers accidently removed can be replaced by Firehouse Innovations upon notice. By executing this documentr I have agreed that I have read and understand the subject matter of this agreement. I agree that this is the only agreement between the parties hereto. That I have had the opportunity to consult with legal counsel of my awn choosing. And I certify that I am of legal age and soured mind to enter into this agreement. Dated' SELLER - FIREHOUSE INNOVATIONS LI INC. PURCHASER: BY: 57� nad"L President By: �� r•n n91S. l u.m- TO: 516-4Q-C955 INVOICE TO: SHIP TO LOCATION: 19114 T": -�OC: TELE: Sole Source Purchase Vendor Agreement Page 31 of 35 Firehouse Innovations LI, Inc EXHIBIT E CONFLICT OF INTEREST OUESTIONNAIRE Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City, or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at htty://www.ethics.state.tx.us/forms/CIO.Pdf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the City, state Vendor name in the # 1, use N/A in each of the areas on the form. However, a signature is required in the #4 box in all cases. Sole Source Purchase Vendor Agreement Page 32 of 35 Firehouse Innovations LI, Inc CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code. by a vendorwho has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. J Name of vendor Who has a business relationship with local governmental entity. ?J Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the ofiginaliy filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. 41 Name of Officer This section (item 3 including subparts A. B, C. 8 D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income. other than investment income. from the vendor? Yes 0 No B. Is the vendor receiving or likely to receive taxable income, other than investment income. from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes ZINo C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director. or holds an ownership interest of one percent or more? Yes V� No D. Describe each employment or business and family relationship with the local government officer named in this section. Signature of vdoing business with the governmental entity 1231le Date Adopted 8!72018 Sole Source Purchase Vendor Agreement Page 33 of 35 Firehouse Innovations LI, Inc EXHIBIT F VENDOR CONTACT INFORMATION Vendor's Name: ifQ Q� Vendor's Local Address: �S-aC() S~� ,�4 Phone: Cn '- Ll (0 �• Fax: Email: IvP €A n u b ®lb r Name of persons to contact when placing an order or invoice questions: Name/Title abbte- A b Phone: (0,; l" 3 g o- q tp l Fax: Email: �-% Cft w i & 0l0 Name/Title Phone: Email: Fax: Name/Title ���� ,��� 6so, � Phone: jo g I ,� 4 0- cl(,p I Fax: Email: l qV� rxi U 1 cLd \ . (ovyi Signature Printed Name Sole Source Purchase Vendor Agreement Firehouse Innovations LI, Inc 1U y. � ' 4t �5 e,�,— 01 [Z,4 Date Page 34 of 35 EXHIBIT G VERIFICATION OF SIGNATURE AUTHORITY FIREHOUSE INNOVATIONS LI, INC 47 LOCUST STREET BAYPORT, NY 11705 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: G ; aAri V,0, Position:° Signature Name:a0101D1 e 30 jt� VW Positio .. Q.,cVeftf'� Signature / 3. Name: AwanAA l7t.osa,. Position: SaLIS �X� d'� Signature Name: myw 4 Signature of President / CEO Other Title: Date: Sole Source Purchase Vendor Agreement Page 35 of 35 Firehouse Innovations LI, Inc