HomeMy WebLinkAboutContract 59925City Secretary Contract No. 59925
FORT WORTH
CITY OF FORT WORTH
SOLE SOURCE PURCHASE AGREEMENT
This Sole Source Purchase Agreement ("Agreement") is entered into by and between DAN WILD
LLC, a TEXAS REGISTERED LIMITED LIABILITY CORPORATION ("Vendor" or "Seller") and
the City of Fort Worth, ("City" or "Buyer"), a Texas home rule municipal corporation.
The Sole Source Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Sole Source Purchase Agreement;
2. Exhibit A — Terms and Conditions;
3. Exhibit B — Seller's Quote;
4. Exhibit C — Sole Source Procurement Justification;
5. Exhibit D — Verification of Signature Authority and;
6. Exhibit E— Conflict of Interest Questionnaire.
Exhibits A, B, C, D and E, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.
1. Term. This Agreement begins on July 1, 2023 ("Effective Date") and expires on June 30, 2024
("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have
the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4)
one-year renewal option(s) (each a "Renewal Term").
2. Scope of Services. Vendor will provide DANINJECT dart guns and accessories to continue the
chemical capture program for Animal Care and Control. These products are used to catch stray, aggressive and
hard to trap dogs and wildlife that cause safety risks to City of Fort Worth residents.
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation
under this Agreement will not exceed FIFTY -THOUSAND DOLLARS ($50,000.00). Vendor will not perform
any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests
and approves in writing the additional costs for such services. City will not be liable for any additional expenses
of Vendor not specified by this Agreement unless City first approves such expenses in writing.
4. Signature Authoritv. The undersigned represents and warrants that he or she has the power
and authority to execute this Agreement and bind the respective Seller. Seller and Buyer have caused this
Agreement to be executed by their duly authorized representatives to be effective as of the date signed below.
[Signature Page Follows]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Executed effective as of the date signed by the Assistant City Manager below:
City:
By: Valerie V�a�nn (Aug 15, 202312:02 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: August 15, 2023
Vendor:
By: MaryMary eeria (Aug 8, 2023 17:21 CDT)
Name: Mary Helen Renteria
Title: General Manager
Date: 08/08/23
CITY OF FORT WORTH INTERNAL ROUTING PROCESS:
Approval Recommended:
CAuJ i"
By:
Name: Chris McAllister
Title: Code Compliance Assistant Director
Approved as to Form and Legality:
By: U+
Name: Christopher Austria
Title: Assistant City Attorney
Contract Authorization:
M&C: N/A
1295: N/A
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:
C«� L
Name: Chris Lirette
Title: Code Compliance Superintendent
City Secretary:
By: (�
Name: Jannette Goodall
Title: City Secretary
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
TERMS AND CONDITIONS
CITY OF FORT WORTH, TEXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1 01 N W 11a 0 N 1811all1
The City of Fort Worth, its officers, agents, servants, authorized employees, Sellers and
subSellers who act on behalf of various City departments, bodies oragencies.
2.0 DEFINITION OF SELLER
The consultant, Contractor(s), supplier, Contractor(s)or other provider of goods and/or services,
its officers, agents, servants, employees, Sellers and subSellers who act on behalf of the entity
under a contract with the City of Fort Worth.
3.0 PUBLIC INFORMATION
Any information submitted to the City of Fort Worth (the "City") may be requested by a member
of the public under the Texas Public Information Act. See TEx. GOV'T CODE ANN. §§ 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.
4.0 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. 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)
5.1 ORDERS
5.2 No employees of the Buyer or its officers, agents, servants, Sellers or subSellers 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.
5.3 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/ornon-payment.
6.0 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.
7.0 SHIPMENT TINDER RESERVATIONPROH BITED
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.
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.
9.0 DELIVERY TERMS AND TRANSPORTATION C;'HARGKJ
Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals. Buyer agrees to reimburse Seller for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, if the
quoted delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportation shall be used to ship the goods.
10.0 PLAC',E 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.
11.0 FIGH OFINSPECTION T
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.
12.1 INVOIC",F,S
12.2 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.
12.3 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.
13.2 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.
13.3 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.
14.0 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.
15.0 SAFETY WA RANTY
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.
16.0 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 backuppurposes.
17.1 WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY
17.2 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.
17.3 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.
17.4 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 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.
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 Sellers hereby waives any property interest in such WorkProduct.
19.0 NETWORK A CCFSS
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.
20.0 CANCELLATION
Buyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered portion of this order if Seller breaches any of the terms hereof, including warranties
of Seller. Such right of cancellation is in addition to and not in lieu of any other remedies, which
Buyer may have in law or equity.
21.0 TERMINATION
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.
22.0 A SSIGNMENT / 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 resultingtherefrom.
23.0 WAIVER
No claim or right arising out of a breach of this contract can be discharged in whole or in part by
a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by
consideration in writing and is signed by the aggrievedparty.
24.0 MODIFICATIONS
This contract can be modified or rescinded only by a written agreement signed by bothparties.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contract, or unless stated otherwise, the Agreement
between Buyer and Seller shall consist of these Standard Terms and Conditions together with any
applicable proposal documents published by the Buyer and Seller's Response to such proposal
26.0
27.0
28.1
(the "contract documents"). This Agreement is intended by the parties as a final expression of
their agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between the parties and no usage of trade shall be
relevant to supplement or explain any term used in this Agreement. Acceptance of or
acquiescence in a course of performance under this Agreement shall not be relevant to determine
the meaning of this Agreement even though the accepting or acquiescing party has knowledge of
the performance and opportunity for objection. Whenever a term defined by the Uniform
Commercial Code (UCC) is used in this Agreement, the definition contained in the UCC shall
control. In the event of a conflict between the contract documents, the order of precedence shall
be these Standard Terms and Conditions, the Buyer's published proposal documents and the
Seller's response. If Buyer and Seller have otherwise negotiated a contract, this Agreement shall
not apply.
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 ofTexas.
NT C ONTR A CTOR(S),
Seller shall operate hereunder as an independent Contractor(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, Sellers and sub- Sellers.
The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers,
agents, employees, Sellers and subSellers. Nothing herein shall be construed as creating a
partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, Sellers
and subSellers.
LIABILITY AND INDEMNIFICATION.
28.2 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.
28.3 JNDFMNIFICATION - 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 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, SUBCONTRACTOR(S)S, SERVANTSOR
EMPLOYEES.
29.0 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 containedherein.
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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.
31.0 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.
32.0 NON-DISC".RIMINATION
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,
Sellers or subSellers, have fully complied with all provisions of same and that no employee,
participant, applicant, Contractor(s)or subContractor(s)has been discriminated against according
to the terms of such Ordinance by Seller, its employees, officers, agents, Contractor(s)or
subSellers herein.
33.0 IMMIGRATION NATIONALITY ACT
Seller shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-
9). Upon request by City, Seller shall provide City with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. Seller
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls
so that no services will be performed by any Seller employee who is not legally eligible to
perform such services. SELLER SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Seller, shall
have the right to immediately terminate this Agreement for violations of this provision by Seller.
34.0 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.
35.0 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 Section 31 of 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.
36.0 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 subSellers 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
subSellers. 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 subSellers against Buyer
arising out of Seller's and/or its subSeller's alleged failure to comply with the above -referenced laws
concerning disability discrimination in the performance of this agreement.
37.0 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.
38.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
If Seller has fewer than 10 employees or the Agreement is for less than $100,000, this section 31 does
not apply. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
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 Addendum, Seller certifies that Seller's signature provides written verification to City
that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
Agreement.
o n n w1n j i ae
By far the most humane
USA
Danlnject USA.
EXHIBIT B
SELLER'S QUOTE
501 W Powell Lane, Ste 201 Austin, TX 78753
QUOTE
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SKU
Name
PRICE
1
ACC 13MM SH
Pistol 13mm Short Barrel
$
75.00
1
ACC 16
Spare gauge - 16
$
165.00
1
ACC 16bar
Spare gauge
$
165.00
1
ACC 2513ar
Spare gauge - 25
$
165.00
1
ACC ADAP 161M
16 gram adaptor for IM Rifle
$
135.00
1
ACC AM PT
Aimpoint Carbon Optic
$
495.00
1
ACC B113MM
Barrel, 13mm for IM Rifles
$
320.00
1
ACC BJ13MM
Barrel, 13mm Smooth Bore for JM Rifles
$
320.00
1
ACC BJ13MM-1
Barrel, 13mm Rifled for JM Rifles
$
495.00
1
ACC BJMR11
11 mm Rifled Barrel for JM Standard
$
580.00
1
ACC BK
Chemical and Physical Restraint of Wild Animals
$
145.00
1
ACC BPDMP
Extra Blowpipe Detachable Mouthpiece
$
35.00
1
ACC BS11
11 mm Barrel for JM Standard
$
380.00
1
ACC BUSH
Pistol 13mm Barrel Adapter
$
35.00
1
ACC CO2HR
CO2 Holder
$
21.00
1
ACC CAP -LED
LED Cap
$
19.95
1
ACC CASE IM
IM Rifle Hard Sided Carry Case
$
490.00
1
ACC CASE JMDB
JMDB Rifle Hard Carry Case
$
480.00
1
ACC CASE SKB JM
JM Standard All Weather Hard Case
$
345.00
1 ACC CATS EXT
Jabstick Extension Only
$
120.00
1 ACC CLCL
Barrel Cleaning Swab
$
10.00
1 ACC CO21
CO2 Cartridge, 45 gram
$
10.00
1 ACC CO22
CO2 Cartridge, 74 gram
$
15.00
1 ACC CO23
CO2 Cartridge, 16 gram
$
1.50
1 ACC CO23
16 Gram CO2 Cartridge
$
1.50
1 ACC CO2AD
CO2 12 gram holder
$
13.95
1 ACC COU
Syringe Connector
$
7.50
1 ACC DI Laser
GAMO Red Dot Laser Sight
$
60.00
1 ACC DMY
Dummy Cartridge
$
40.00
1 ACC DVP
DVP Venting Pin
$
1.80
1 ACC FILL KIT
Filling and Maintenance Kit
$
95.00
1 ACC FLASH
NC Star Tactical Flashlight
$
49.99
1 ACC Gr Scr
Grub Screw
$
7.50
1 ACC HD001
WCE Half Face Hood
1 ACC HD001-LG
WCE Half Face Hood - LG
$
19.95
1 ACC HD001-MD
WCE Half Face Hood - MD
$
18.95
1 ACC HD001-SM
WCE Half Face Hood - SM
$
17.95
1 ACC HD001-XL
WCE Half Face Hood - XLG
$
23.95
1 ACC HD001-XS
WCE Half Face Hood - XSM
$
15.95
1 ACC HD002-MD
WCE Full Face Hood - MD
$
21.95
1 ACC HD002-SM
WCE Full Face Hood - SM
$
19.95
1 ACC JM CASE
JM Special Hard Sided Carry Case
$
390.00
1 ACC JMC
JM Standard Soft Case
$
155.00
1 ACC JMSP CASE
JM Special All Weather Hard Case
$
325.00
1 ACC JS BAG
Carry Bag
$
65.00
1 ACC JSACAP
Jab Stick Aluminum Syringe Cover
$
87.00
1 ACC JSCAP
Jab Stick Syringe Cap
$
30.00
1 ACC L hex
Ball End Hex L-Key for barril switch
$
2.25
1 ACC LASGR
NC Star Green Dot Laser
$
99.99
1 ACC MLIG
Rifle manometer light
$
99.00
1 ACC MONO
MONO Syringe
$
1.80
E
1 ACC NYLON
Nylon Syringe
$
18.00
1 ACC OIL
Silicone Oil
$
9.50
1 ACC OIL-1
Silicone Oil, Glass
$
10.50
1 ACC ORING
O Ring
$
2.00
1 ACC P11 MM
Pistol 11 mm long barrel- Spare
$
110.00
1 ACC P11 SH
Pistol 11 mm Short Barrel
$
75.00
1 ACC P13MM
Pistol 13mm (.50cal) Barrel
$
145.00
1 ACC PELICASE
Pelican Waterproof Rifle Hard Case
$
275.00
1 ACC PI CASE2
Pistol Hard Case
$
165.00
1 ACC PRO 3B
Safety Cap, Blowpipe
$
2.00
1 ACC PRO 3R
Safety Cap for rifle/pistol 1.5 and 3 cc
$
2.00
1 ACC PRO 5
Safety Cap for rifle/pistol 5 and 10 cc
$
2.70
1 ACC PRSW
NC Star Pressure Switch
$
5.99
1 ACC RFT
Pistol Trigger Guard
$
75.00
1 ACC RPH BL
R Pin Holder - Black
$
24.95
1 ACC RPH YM
R Pin Holder - Yellow Mix
$
24.95
1 ACC RPIN
Breach Pin
$
63.00
1 ACC RUG
Carrying & Handling Mat
$
695.00
1 ACC S.OIL DR
Silicone Oil Dropper, 10ml
$
12.00
1 ACC SGASKET
Sealing Gasket
$
5.50
1 ACC SLEEVG
Sleeves Green
$
9.00
1 ACC SLEEVR
Sleeves -Red
$
9.00
1 ACC SLJM
JM Standard Sling
$
75.00
1 ACC SMTRAY
Small supplies box
$
16.50
1 ACC SSTAR
Darting Target
$
65.00
1 ACC STAB5
Stabilizer for 5 and 10 cc rifle Co2 darts
$
4.90
1 ACC STABO
Stabilizer for 1.5 and 3 cc blowpipe darts
$
4.00
1 ACC STABR
Stabilizer for 1.5 and 3 cc Co2 darts
$
4.00
1 ACC SWFT SCOPE
Swift rifle scope
$
325.00
1 ACC TELE
Telemetry Receiver and Yagi Set
$
1,525.00
1 ACC TLE REC
Telemetry Receiver
$
1,395.00
1 ACC TLE REC
Telemetry Receiver and Yagi RX-150
$
950.00
3
1 ACC TLE YAG
Telemetry Yagi
$
195.00
1 ACC TRSLE
Transmitter Sleeve
$
25.00
1 ACC VA1
Foot Air Pump, coupling and CO2-dummy cartric
$
150.00
1 ACC VA2
Foot Air Pump (no dummy cartridge)
$
118.00
1 ACC WRENCHE
T TOOL
$
14.00
1 BLP BLOW 125
Blowpipe 125 - Model Zoo
$
215.00
1 BLP BLOW 125-1
Blowpipe 125 DM - Model Zoo with detachable
$
250.00
1 BLP BLOW 180
Blowpipe 180 - Model Roken
$
295.00
1 BLP BLOW 180-1
Blowpipe 180DM - Model Roken with Detachabl
$
330.00
1 BPS BL15
BL15 1.5 cc Blowpipe Syringe Dart (needle sold
$
11.10
1 BPS BL30
BL30 3.0 cc Blowpipe Syringe Dart (needle sold
$
11.10
1 BPS BN 25
BN 25 needle, 18G x 1" (1.1 x 25mm) Blo
$
5.90
1 BPS BN 38
BN 38 needle, 18G x 1.5" (1.2mm x 38mm
$
5.90
1 DAR Bio
DAR BIO Biopsy Dart
$
29.00
1 DAR S 10
S10 Syringe Dart 10 cc (Needle sold separately)
$
44.00
1 DAR S 150
S150 Syringe Dart, 1.5cc, (Needle Not Included)
$
16.00
1 DAR S 300
S300 Syringe Dart 3.0 cc (Needle Not Included)
$
19.00
1 DAR S 500
S500 Syringe Dart 5.0 cc (Needle not included)
$
30.00
1 JAB CATS
Jab Stick
$
825.00
1 JMSP16
JM Special - 11 mm smooth 16 bar
$
2,995.00
1 JMSP16-13
JM Special - 13mm smooth 16 bar
$
3,245.00
1 JMSP25
JM Special - 11 mm rifled 25 bar
$
3,195.00
1 JMSP25-13
JM Special - 13mm rifled 25 bar
$
3,445.00
1 JMST 11
JM Standard Rifle- 11 mm Smooth
$
2,495.00
1 JMST 13
JM Standard Rifle - 13mm Smooth
$
2,595.00
1 JMSTR 11
JM Standard Rifle - 11 mm Rifled
$
2,795.00
1 JMSTR 13
JM Standard Rifle - 13mm Rifled
$
2,895.00
1 JS RH
Jab Stick Black Handle
$
79.00
1 JS RR
0 ring for Jab Stick Nylon Syringe
$
2.00
1 N1520
Plain Injection Needles. - Plain
$
7.95
1 N1525
Plain Injection Needles. - Plain
$
7.95
1 N1530
Plain Injection Needles. - Plain
$
7.95
n
1 NEE BIO 20
BIO 20, 3/4" (20mm)
$
10.50
1 NEE BIO 25
BIO 25, 1" (25mm)
$
10.50
1 NEE N 1520
N1520 needle, 17G x 3/4" (1.5mm x 20m
$
7.50
1 NEE N 1525
N1525 needle, 17G x 1" (1.5mm x 25mm)
$
7.50
1 NEE N 1530
N1530 needle, 17G x 1.25" (1.5mm x 30m
$
7.50
1 NEE N 1538
N1538 needle, 17G x 1.5" (1.5mm x 38m
$
7.50
1 NEE N 2030
N2030 needle, 14G x 1.25" (2mm x 30mm
$
8.50
1 NEE N 2030-Vis
N2030-Vis needle, 14G x 1.25" (2mm x 30
$
9.50
1 NEE N 2040
N2040 needle, 14G x 1.50" (2mm x 40mm
$
8.50
1 NEE N 2040-Vis
N2040-Vis needle, 14G x 1.50" (2mm x 40
$
9.50
1 NEE N 2060
N2060 needle, 14G X 2.5" (2mm x 60mm)
$
8.50
1 NEE N 2060-Vis
N2060-Vis needle, 14G X 2.5" (2mm x 60
$
9.50
1 NEE N2210
N2210 needle, 13G x 4" (2.2mm x 100mm
$
10.80
1 NEE N2210-1
N2210 Vis needle, 13G x 4" (2.2mm x 100mm),
$
11.80
1 NEE N2280
N2280 needle, 13G x 3" (2.2mm x 80mm), plain
$
10.80
1 NEE N2280-1
N2280 Vis needle, 13G x 3" (2.2mm x 80mm), p
$
11.80
1 NEE NB 1525
NB1525 needle, 17G x 1" (1.5mm x 25mm
$
9.80
1 NEE NB 1530
NB1530 needle, 17G x 1.25" (1.5mm x 30mm),
$
9.80
1 NEE NB 1538
NB1538 needle, 17G x 1.5" (1.5mm x 38mm), b
$
9.80
1 NEE NB 2040
NB2040 needle, 14G x 1.50" (2mm x 40m
$
10.80
1 NEE NB 2040
NB2030 needle, 14G x 1.25" (2mm x 30mm), b
$
10.80
1 NEE NC 1525
NC1525 needle, 17G x 1" (1.5mm x 25mm
$
8.50
1 NEE NC 1530
NC1530 needle, 17G x 1.25" (1.5mm x 30
$
8.50
1 NEE NC 1538
NC1538 needle, 17G x 1.5" (1.5mm x 38m
$
8.50
1 NEE NC 2030
NC2030 needle, 14G x 1.25" (2mm x 30m
$
9.80
1 NEE NC 2040
NC2040 needle, 14G x 1.50" (2mm x 40m
$
9.80
1 NEE NC 2060
NC2060 needle, 14G x 2.5" (2mm x 60mm
$
9.80
1 NEE NDB2040
NDB2040 needle, 14G x 1.50 (2mm x 40mm), d
$
19.50
1 NEE NR 2260
N2260 needle, 13G x 2.5" (2.2mm x 60m
$
9.80
1 NEE TC 300
TC300 Training Needle Without Injection Ports
$
9.00
1 NEE TC Blow
TCBLOW Blowpipe Training Needle
$
9.00
1 NJS SN 1816
SN1816 Luerlock Needles, 15G x 3/4" (1.8 mm x
$
25.00
5
1 NJS SN 1821
SN1821 Luerlock Needles, 15G x 1" (1.8 mm x 2
$
25.00
1 NJS SN 215
SN215 Luerlock Needles, 14G x 3/4" (2mm
$
25.00
1 NJS SN 225
SN225 Luerlock Needles, 14G x 1" (2mm x
$
25.00
1 NJS SN 235
SN235 Luerlock Needles, 14G x 1.5" (2mm
$
25.00
1 NJS SN 315
SN315 Luerlock Needles, 11 G x 3/4" (3mm
$
25.00
1 NJS SN 325
SN325 Luerlock Needles, 11G x 1" (3mm x
$
25.00
1 NJS SN 340
SN340 Luerlock Needles, 11 G x 1.75" (3m
$
25.00
1 PAR 27
Pistol Nozzle O Ring
$
2.00
1 PAR 29
13mm Barrel Adaptor 0 ring
$
2.00
1 PAR 3
Breach Pin 0 ring
$
2.00
1 PD BP125
Blowpipe 125 Package Deal
$
380.00
1 PD BP125-1
Blowpipe 125DM Package Deal (Detachable Mou
$
450.00
1 PD BP180
Blowpipe 180 Package Deal
$
470.00
1 PD BP180-1
Blowpipe 180DM Package Deal (Detachable Mou
$
530.00
1 PD IM
I.M. Rifle Package Deal
$
4,795.00
1 PD JMSP16
JM Special 16 Package Deal
$
3,495.00
1 PD JMSP25
JM Special 25 Package
$
3,695.00
1 PD JMST HD
JM Standard 11 mm Smooth Barrel Package Deal
$
2,995.00
1 PD JMST SC
JM Standard 11 mm Smooth Barrel Package Deal
$
2,845.00
1 PD JMSTR HC
JM Standard-11 mm Rifled Barrel Package Deal -
$
3,295.00
1 PD JMSTR SC
JM Standard-11 mm Rifled Barrel Package Deal -
$
3,145.00
1 PD JS
Jabstick Package Deal Deluxe
$
940.00
1 PD JS
Jabstick Package Deal
$
875.00
1 PD PI
Foot Pump Pistol Package Deal
$
950.00
1 PD PICO2
CO2 Pistol Package Deal
$
1,160.00
1 PD PICO2D
CO2 Deluxe Pistol Package Deal
$
1,395.00
1 PST PI
Foot Pump Pistol
$
795.00
1 PST PICO2
CO2 Pistol
$
895.00
1 PST PICO2 11
CO2 Pistol - 11 mm
$
960.00
1 PST PICO2 13
CO2 Pistol - 13mm
$
995.00
1 RIF I.M.
IM Rifle
$
3,995.00
1 Rlf JM.DB.11
JM.DB.11
$
4,095.00
A
1 RIF JM.DB.13
JM.DB.13
$
3,995.00
1 RIF JMSP
JM Special 16 - 11mm
$
2,995.00
1 RIF JMSP 13mm
JM Special 16 - 13mm
$
3,245.00
1 RIF JMSP25
JM Special 25 -11mm
$
3,195.00
1 RIF JMSP25-13mm
JM Special 25 -13mm
$
3,445.00
1 RIF JMST
JM Standard 11mm Smooth Barrel
$
2,495.00
1 RIF JMST-13
JM Standard 13mm Smooth Barrel
$
2,595.00
1 RIF JMST-13-1
JM Standard-13mm Rifled Barrel
$
2,895.00
1 RIF JMST-R
JM Standard 11mm Rifled Barrel
$
2,795.00
1 WCE HD003-LG
Giraffe Face Hoods - Large
$
60.00
1 WCE HD003-MD
Giraffe Face Hoods - Medium
$
55.00
1 WCE HD005
Rhino Face Hood
$
65.00
1 WCE HD04-C-LG
Big Cat Face Hoods - LG, Canvas
$
42.00
1 WCE HD04-C-MD
Big Cat Face Hoods - MD, Canvas
$
39.00
1 WCE HD04-C-SM
Big Cat Face Hoods - SM, Canvas
$
37.00
1 WCE HD04-C-XL
Big Cat Face Hoods - XL, Canvas
$
45.00
1 WCE HD04-0-LG
Big Cat Face Hoods - LG, Orange Poly Blend
$
42.00
1 WCE HD04-0-MD
Big Cat Face Hoods - MD, Orange Poly Blend
$
39.00
1 WCE HD04-0-SM
Big Cat Face Hoods - SM, Orange Poly Blend
$
37.00
1 WCE HD04-0-XL
Big Cat Face Hoods - XL, Orange Poly Blend
$
45.00
7
EXHIBIT C
SOLE SOURCE PROCUREMENT JUSTIFICATION
FORT WORTH
CITY OF FORT WORTH
CHAPTER 252 EXEMPTION FORM
Instructions: Fill out the entire form with detailed information. Once you have completed this form,
provide it to the Purchasing attorney for review. The attorney will review the information you have
provided to determine whether an exemption to Chapter 252's biding requirements is defensible.
If you are printing this form to provide to Legal, please do not provide the Primer portion. Failure
to provide sufficient information may result in follow up questions and cause a delay in the
attorney's determination.
Requesting Department:
Name of Contract Manager:
Department's Attorney:
Item or Service sought:
Goods:
Service:
Anticipated Amount:
Vendor:
Section 1: General Information
Code Compliance Animal Control
Christopher Lirette
Christopher Austria
//
$30,000.00
Dan Wild LLC DBA Dan Inject Dart Guns USA
Current/Prior Agreement for item/service: Yes ❑ No ❑
CSC or Purchase Order #
Amount:
Projected M&C Date:
How will this item or service be used?
PO-13-00078138
$50,000.00
N/A
The dart nuns will be used to continue the chemical
capture program used to catch strav a22ressive/hard to trap does and wildlife that cause safetv
risk issues for the citizens of Fort Worth.
Section 2: Claimed Exemption and Justification (Other than sole source)
NOTE - For a claimed sole -source exemption, complete Section 3.
Please indicate the non -sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions:
[] A procurement necessary to preserve or protect the public health or safety of the City
of Fort Worth's residents;
[] A procurement necessary because of unforeseen damage to public machinery,
equipment, or other property;
A procurement for personal, professional, or planning services;
A procurement for work that is performed and paid for by the day as the work
progresses;
A purchase of land or a right-of-way;
Paving drainage, street widening, and other public improvements, or related matters, if
at least one-third of the cost is to be paid by or through special assessments levied on
property that will benefit from the improvements;
R A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
[] A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Subchapter C, Chapter 212;
Personal property sold:
• at an auction by a state licensed auctioneer;
• at a going out of business sale held in compliance with Subchapter F,
Chapter 17, Business & Commerce Code;
• by a political subdivision of this state, a state agency of this state, or an
entity of the federal government; or
• under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391;
[] Services performed by blind or severely disabled persons;
Goods purchased by a municipality for subsequent retail sale by the municipality;
Electricity; or
Page 2 of 5
R Advertising, other than legal notices.
Please provide details and facts to explain why you believe the exemption applies to the
purchase. You may also attach documentation to this form. [INSERT DETAILED
EXPLANATION AS TO HOW/WHY CLAIMED EXCEPTION APPLIES TO THIS
PURCHASE]
Section 3: Claimed Sole -Source Exemution and Justification
NOTE - For any non -sole -source exemption, complete Section 2.
Please indicate the sole -source exemption you believe applies to the purchase and provide
information to support its applicability. Please refer to the Exemption Primer for detailed
information about common exemptions
*A procurement of items that are available from only one source, including:
• items that are available from only one source because of patents, copyrights,
secret processes, or natural monopolies;
• films, manuscripts, or books;
• gas, water, and other utility services;
• captive replacement parts or components for equipment;
• books, papers, and other library materials for a public library that are
available only from the persons holding exclusive distribution rights to the
materials; and
• management services provided by a nonprofit organization to a municipal
museum, park, zoo, or other facility to which the organization has provided
significant financial or other benefits;
How did you determine that the item or service is only available from one source?
There is onlv one distributor for Dan Iniect Dart Guns in the US, which is located in Austin,
Texas. We researched online options from the Dan-in_iect.com, the dart aun is manufactured in
Denmark and has distributors in other countries.
Attach screenshots and provide an explanation of any independent research you conducted,
through internet searches, searching cooperatives, or discussions with others knowledgeable on
the subject matter that corroborate that the item is available only from a single source.
United States
DANiNJECT USA
Mike Ross
501 W. Powell Lane, Suite 201
Page 3 of 5
Austin, Texas 78753, North America
Phone: (979) 203-6735
Fax: (866) 360-2628
Email: infoadaniniectusa.com
Website: www.daniniectusa.com
Canada
DAN-INJECT CANADA
Bernie Goski
ST Albert, AB Canada
Phone: 780-817-6441
Email: daniniect.canada(a iamail.com
Email: bemie(acr�,daniniectcanada.ca
Website: www.daniniectcanada.ca
Did you attach a sole source justification letter? ❑ Yes ❑ No
Describe the uniqueness of the item or service (e.g. compatibility or patent issues, etc.).
Since the foundation in 1986, Daniniect has been known for manufacturing products of the
highest quality, functionality, reliability and robustness, as well as the system most humane to
capture animals.Thev focus on producing equipment of the hi.Qhest quality and strong focus on
reusable equipment, which is also environmentally friendly products. Dan iniect equipment is
used by animal professionals worldwide from veterinarians to animal humane shelters. The
daniniect eauipment can be used to anathetize, tranquilize, medicate, vaccinate, and biopsv.
The advantaize of using their products:
o Are CO2 powered, they are NOT REGULATED BY FEDERAL LAW.
o Are shipped directly to you and not through an FFL (Federal Firearms License) holder.
o Are manufactured from anodized aluminum and stainless steel components.
o Are extremely_ durable and can withstand freezing temperatures and extreme heat.
o Are the most LIGHT WEIGHT, ergonomically designed proiectors on the market.
o Are the only interchangeable barreled dart tun on the market.
o Are extremely_ ACCURATE.
o Are the most HUMANE dart pauns currently manufactured.
o Are unbelievably VERSATILE.
o Are LOW IMPACT projectors.
o Are virtually SILENT.
DAN-INJECT is the only companv in which the entire line of pistol and rifle dart svrin2es are
produced by infection tools that are developed and owned by the comaanv.
This equipment is the best on the market and has been by the Department for several years (since
before 2013), The prevous agreement with the vendor has expired and replacements dart.Quns
are needed. Animal Care and Control uses multiple different products and accessories with
Page 4of5
DanWild. This agreement would continue to provide the Divsions with necessary equipment for
Animal Control Officers capturing wildlife and animals in Fort Worth.
Most dart guns have equipment that are one-time use and Dan Inject dart gun's equipment and/or darts
are re -usable and can be used multiple times before disposal. The dart inject dart can also be configurated
to your specific situation and task. The dart has three components: stabilizer, dart syringe and needle.
These components can be combined in multiple ways to secure the exact right dart for your specific task.
Dan Inject Darts are also less prone to leaking the tranquilizer drug due to their engineering. Other
vendor's darts have a charge in the dart to release drug once dart hits target.
Section 4: Attornev Determination
With the facts provided by the department, is the use of the claimed exemption defensible if the
City were to be challenged on this purchase? ❑ Yes ® No.
Was there anything attached to this form that was relied on in making this determination?
M Yes ❑ No.
If yes, please explain: The Department provided a specification sheet.
Was there anything not included on this form or attached hereto that was relied on in making this
determination? [-1 Yes M No.
If yes, please explain: N/A
Will the standard terms and conditions apply?
Will the contract require special terms?
Will the contract require review by the department attorney?
Approved By:
t14-7�W_J
er nato-Mensah
. stant City Attorney
Yes
No.
Yes
No.
Yes
[-1 No.
Date: 06/15/2023
Page 5 of 5
Specifics
JM Standard
The DAN-INJECT JM STANDARD is an extremely compact and light rifle which
offers many practical features.
The design maintains the established DAN-INJECT reputation for reliability
and accuracy, which the JM STANDARD rifle continues to deliver over normal
darting distances. The rifle is of very robust construction with a synthetic
covered barrel, carrying handle and shrouded luminescent manometer. As the
manometer and telescopic sight can be viewed simultaneously, pressure
adjustment is rapidly and silently achieved without the operator losing sight of
the target animal.
All parts are manufactured of weather resistant anodised aluminium and
stainless steel fastenings are used throughout
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
Contractor hereby agrees to provide City with independent audit basic financial statements, but also the fair
presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
and/or positions have the authority to legally bind Contractor and to execute any agreement, amendment or
change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Contractor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Contractor.
Contractor 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 Contractor.
Name: Mary Helen Renteria
Position: General Manager
Mary len Renteria (Aue 8.202317:21 CDT)
Signature
2. Name:
Position:
Signature
Name:
Position:
Signature
Name:
Mary Teen Renteria(Aue8. 202317:21 CDT)
Signature of President / CEO
Other Title:
Date: 08/08/23
EXHIBIT E - CONFLICT OF INTEREST QUESTIONNAIRE
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
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 ofvendorwho has a business relationship with local governmental entitv.
J
❑ Gheck this box it you are tiling an update to a previouslytled questionnaire. (I he law requires that you tile 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 originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
J Describe each employment or other business relationship with the local government officer, or a family member of the
officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
F]Yes F---] 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 or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes a No
J Describe each employment or business relationship that the vendor named in Section 1 maintains with 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.
61
J
ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
Signature of vendor doing business with the governmental entity Date
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.
Local Government Code & 176.001(1-a): "Business relationship" means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an
agency of a federal, state, or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code F4 176.003(a)(2)(A) and (B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than $100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code & 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the
officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any
gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021