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HomeMy WebLinkAboutContract 63106CSC No. 63106 FORT WORTH CITY OF FORT WORTH SOLE SOURCE PURCHASE AGREEMENT This Sole Source Purchase Agreement ("Agreement") is entered into by and between Leeds Precision Instruments, Inc. ("Seller"), a Foreign For -Profit Corporation, and the City of Fort Worth, ("Buyer"), a Texas home -rule municipal corporation, each individually referred to herein as a "party" and collectively as the "parties". The 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: City of Fort Worth Standard Terms and Conditions; 3. Exhibit B: Conflict of Interest Questionnaire; 4. Exhibit C: Seller Contact Information; 5. Exhibit D: Verification of Signature Authority; 6. Exhibit E: Seller's Sole Source Justification Letter; and 7. Exhibit F: Seller's Quote Exhibits A through F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. If any provisions of the attached Exhibits conflict with the terms herein, the terms in this Sole Source Purchase Agreement and in Exhibit A will control. Buyer shall pay Seller in accordance with the fee schedule in Exhibit D and in accordance with the provisions of this Agreement. Total annual payment made under this Agreement by Buyer shall not exceed One Hundred Thousand Three Hundred Ninety -Two Dollars ($100,392.00). Seller shall not provide any additional items or services or bill for expenses incurred for Buyer not specified by this Agreement unless Buyer requests and approves in writing the additional costs for such services. Buyer shall not be liable for any additional expenses of Seller not specified by this Agreement unless Buyer first approves such expenses in writing. The undersigned represents and warrants that he or she has the power and authority to execute this Agreement and bind the respective party. Seller and Buyer have caused this Agreement to be executed by their duly authorized representatives to be effective as of the date signed by the Buyer's Assistant City Manager. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACCEPTED AND AGREED: BUYER CITY OF FORT WORTH By: William Johnson (Ajrl5,202518:27 CDT) Name: William Johnson Title: Assistant City Manager Date: 04/15/2025 APPROVAL RECOMMENDED: By: Robert Alldre ge(Apr 15,202511:48 CDT) Name: Robert A. Alldredge, Jr. Title: Executive Assistant Chief 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: 40--" N","d Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: 4-ri44P By: A ATTEST: �� F �'R. *& Name: Hoye Won Kim oo Title: Assistant City Attorney o:, APO 400�'EXASo�O' d� nbbp6044 CONTRACT AUTHORIZATION: By: v� M&C: 25-0294 Name: Jannette S. Goodall Date Approved: 4/R/2025 Title: City Secretary SELLER: LEEDS PRECISION INSTRUM S NC. By: Name: Kevin Boulay Title: Senior Vice President Date:/Z '0 �S Form 1295 Certification No.: 2025-1275485 OFFICIAL RECORD 2 CITY SECRETARY FT. WORTH, TX Exhibit A CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1. DEFINITION OF BUYER For purposes of this Agreement, the term "Buyer" means and includes the City of Fort Worth, its officers, agents, servants, authorized employees, vendors, and subcontractors who act on behalf of various City departments, bodies, or agencies. 2. DEFINITION OF SELLER For purposes of this Agreement, the term "Seller" means and includes Leeds Precision Instruments, Inc. its officers, agents, servants, employees, vendors, subcontractors, or other providers of goods and/or services who act on behalf of the entity under contract with the City of Fort Worth. 3. TERM The initial term of this Agreement is for one (1) year, beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this Agreement. Buyer 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 periods (each a "Renewal Term"). 4. PUBLIC INFORMATION Buyer is a government entity under the laws of the State of Texas and all documents held or maintained by Buyer may be subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked by Seller as Confidential or Proprietary, Buyer shall promptly notify Seller. It will be the responsibility of Seller to submit to the Texas Attorney General's Office reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by Buyer, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Parties agree that nothing contained within this Agreement is considered proprietary or trade secret information and that this agreement may be released in the event that it is requested. 5. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer or employee of Buyer may 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 3 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 voidable by the City Manager or the City Council. (Chapter XXVII, Section 16, City of Fort Worth Charter). 6. ORDERS 6.1 No employees of the Buyer or its officers, agents, servants, vendors or 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. 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. SHIPMENT UNDER RESERVATION PROHIBITED Seller is not authorized to ship the goods under reservation, and no tender of a bill of lading will operate as a tender of goods. 9. TITLE AND RISK OF LOSS The title and risk of loss of the goods shall not pass to Buyer until Buyer actually receives and takes possession of the goods at the point or points of delivery and after inspection and acceptance of the goods. 4 10. DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed. 11. PLACE OF DELIVERY The place of delivery shall be set forth in the "Ship to" block of the purchase order, purchase change order, or release order. 12. RIGHT OF INSPECTION Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall be responsible for all charges for the return to Seller of any goods rejected as being nonconforming under the specifications. 13. INVOICES 13.1 Seller shall submit separate invoices in duplicate, on each purchase order or purchase change order after each delivery. Invoices shall indicate the purchase order or 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-, or 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 first payment is due to Seller, Seller shall register for direct deposit payments prior to providing goods and/or services using the forms posted on the City's website". 14. PRICE WARRANTY 14.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller warrants to be no higher than Seller's current prices on orders by others for products and services of the kind and specification covered by this agreement for similar quantities under like conditions and methods of purchase. 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 at law or in equity. 5 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 fee 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 fee or contingent fee, or otherwise to recover the full amount thereof. 15. PRODUCT WARRANTY Seller shall not limit or exclude any express or implied warranties and any attempt to do so shall render this contract voidable at the option of Buyer. Seller warrants that the goods furnished will conform to Buyer's specifications, drawings and descriptions listed in the proposal invitation, and the sample(s) furnished by Seller, if any. In the event of a conflict between Buyer's specifications, drawings, and descriptions, Buyer's specifications shall govern. 16. SAFETY WARRANTY Seller warrants that the product sold to Buyer shall conform to the standards promulgated by the U.S. Department of Labor under the Occupational Safety and Health Act (OSHA) of 1970, as amended. In the event the product does not conform to OSHA standards, Buyer may return the product for correction or 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 the Notice to Parties Clause of this Agreement. Failure to make such refund shall constitute a breach and cause this contract to terminate immediately. 17. SOFTWARE LICENSE TO SELLER If this purchase is for the license of software products and/or services, and 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 Buyer's sole use for purposes under this Agreement and any attached work orders or invoices. The Buyer may not use or share this software without permission of the Seller; however, Buyer may make copies of the software expressly for backup purposes. 0 18. WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY 18.1 The SELLER warrants that all Deliverables, or any part thereof, furnished hereunder, including but not limited to programs, documentation, software, analyses, applications, methods, ways, and processes (each individually referred to as a "Deliverable" and collectively as the "Deliverables") do not infringe upon or violate any patents, copyrights, trademarks, service marks, trade secrets, or any other intellectual property rights or other third -party rights. 18.2 SELLER shall be liable and responsible for any and all claims made against the Buyer 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 Buyer's continued use of the Deliverable(s) hereunder. 18.3 SELLER agrees to defend, settle, or pay, at its own cost and expense, any claim or action against Buyer for infringement of any patent, copyright, trademark, trade secret, or similar property right arising from Buyer's use of the Deliverables in accordance with this Agreement, it being understood that this agreement to defend, settle, or pay shall not apply if Buyer modifies or misuses the Deliverables. So long as SELLER bears the cost and expense of payment for claims or actions against Buyer pursuant to this section, 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, Buyer shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect Buyer's interest, and Buyer agrees to cooperate with SELLER in doing so. In the event Buyer, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against Buyer for infringement arising under this Agreement, Buyer 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 Buyer in defense of such claim or action. Buyer agrees to give SELLER timely written notice of any such claim or action along with copies of all papers Buyer may receive relating thereto. Notwithstanding the foregoing, Buyer's assumption of payment of costs or expenses shall not eliminate SELLER's duty to indemnify Buyer under this Agreement. If the Deliverables 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: (a) procure for Buyer the right to continue to use the Deliberables; or (b) modify the Deliverables to make them non -infringing, provided that such modification does not materially adversely affect Buyer's authorized use of the Deliverables; or (c) replace the Deliverables 7 with equally suitable, compatible, and functionally equivalent non -infringing Deliverables at no additional charge to Buyer; or (d) if none of the foregoing alternatives is reasonably available to SELLER, terminate this Agreement and refund all amounts paid to SELLER by Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer at law or in equity. 18.4 The representations, warranties, and covenants of the parties contained in this Agreement will survive the termination and/or expiration of this Agreement. 19. 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 Buyer pursuant to a Work Order, including all such developments as are originated or conceived during the term of the Agreement and that are completed or reduced to writing thereafter ("Work Product") will be considered "work(s) made for hire" and will be and remain the exclusive property of the Buyer. To the extent that the Work Product may not be considered work(s) made for hire under the applicable law, 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 or instrument of transfer, and Buyer shall be entitled to obtain and hold in its own name, all rights in and to the Work Product. Seller, for itself and on behalf of its agents, hereby waives any property interest in such Work Product. 20. CANCELLATION Buyer shall have the right to cancel this contract immediately for default on all or any part of the undelivered portion of this Agreement 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 at law or in equity. 21. TERMINATION 21.1 Written Notice. The purchase of goods under this Agreement may be terminated by Buyer, in whole or in part, with or without cause, at any time, upon the delivery to Seller of a written "Notice of Termination" specifying the extent to which the goods to be purchased under the Agreement 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. 21.2 Non -Appropriation of Funds. In the event no funds or insufficient funds are appropriated by City Council in any fiscal period for any payments due hereunder, Buyer will notify Seller of such occurrence and this Agreement shall terminate on 0 the last day of the fiscal period for which appropriations were received without penalty or expense to Buyer of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 21.3 Duties and Obligations of the Parties. Upon termination of this Agreement for any reason, Seller shall only be compensated for items requested by the Buyer and delivered prior to the effective date of termination, and Buyer shall not be liable for any other costs, including any claims for lost profits or incidental damages. Seller shall provide Buyer with copies of all completed or partially completed documents prepared under this Agreement. In the event Seller has received access to Buyer information or data, Seller shall return all Buyer provided information or data to Buyer in a machine-readable format or other format deemed acceptable to Buyer. 22. 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 by 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 reasonably necessary to verify Seller's legal status and Seller's 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. 23. 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, is in writing, and is signed by the aggrieved party. 24. MODIFICATIONS This contract can be modified or rescinded only by a written agreement signed by both parties. 25. 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 0 statement of the terms of their agreement. No course of prior dealings between the parties or 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 parry has knowledge of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is used but not defined within 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 as stated in the second paragraph on the first page of this Agreement. 26. 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. 27. INDEPENDENT CONTRACTOR(S) Seller shall operate hereunder as an independent contractor 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 subcontractors. The doctrine of respondeat superior shall not apply as between Buyer and Seller, its officers, agents, employees, vendors, and subcontractors. Nothing herein shall be construed as creating a partnership or joint enterprise between Buyer and Seller, its officers, agents, employees, vendors, and subcontractors. 28. LIABILITY AND INDEMNIFICATION 28.1 LIABILITY — SELLER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE, OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. 28.2 GENERAL INDEMNIFICATION — SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND BUYER, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO 10 SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS, MALFEASANCE, OR INTENTIONAL MISCONDUCT OF SELLER, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. 28.3 INTELLECTUAL PROPER TYINDEMNIFICATION- SELLER AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTION AGAINST BUYER FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR SIMILAR PROPERTY RIGHT ARISING FROM BUYER'S USE OF THE DELIVERABLES IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE, OR PAY SHALL NOT APPLY IF BUYER MODIFIES OR MISUSES THE DELIVERABLES. SO LONG AS SELLER BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST BUYER PURSUANT TO THIS SECTION, 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, BUYER SHALL HAVE THE RIGHT TO FULLY PARTICIPATE IN ANY AND ALL SUCHSETTLEMENT, NEGOTIATIONS, OR LA WSUIT AS NECESSARY TO PROTECT BUYER'S INTEREST, AND BUYER AGREES TO COOPERATE WITH SELLER IN DOING SO. IN THE EVENT BUYER, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITY FOR PAYMENT OF COSTS AND EXPENSES FOR ANY CLAIM OR ACTION BROUGHT AGAINST BUYER FOR INFRINGEMENT ARISING UNDER THIS AGREEMENT, BUYER 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 BUYER IN DEFENSE OF SUCH CLAIM OR ACTION. BUYER AGREES TO GIVE SELLER TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION ALONG WITH COPIES OF ALL PAPERS BUYER MAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, BUYER'S ASSUMPTION OF PAYMENT OF COSTS OR EXPENSES SHALL NOT ELIMINATE SELLER'S DUTY TO INDEMNIFY BUYER UNDER THIS AGREEMENT. IF THE DELIVERABLES 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 MA TERIALL Y AD VERSEL Y RESTRICTED, SELLER SHALL, AT ITS OWN EXPENSE: (A) PROCURE FOR BUYER THE RIGHT TO CONTINUE TO USE THE DELIVERABLES; OR (B) MODIFY THE DELIBERABLES TO MAKE THEM NON -INFRINGING, PROVIDED THAT SUCH 11 MODIFICATION DOES NOT MATERIALLY ADVERSELY AFFECT BUYER'S AUTHORIZED USE OF THE DELIVERABLES; OR (C) REPLACE THE DELIVERABLES WITH EQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON -INFRINGING DELIVERABLES AT NO ADDITIONAL CHARGE TO BUYER; OR (D) IF NONE OF THE FOREGOING ALTERNATIVES ARE REASONABLY AVAILABLE TO SELLER, TERMINATE THIS A GREEMENTAND REFUND ALL AMOUNTS PAID TO SELLER BYBUYER, SUBSEQUENT TO WHICH TERMINATION BUYER MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO BUYER AT LAW OR INEQUITY. 29. 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. 30. 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. 31. NOTICES TO PARTIES Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants, or representatives or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: TO BUYER: TO SELLER: City of Fort Worth Leeds Precision Instruments, Inc. Attn: Purchasing Manager Attn: Patrice Amoapim, 100 Fort Worth Trail Technical Sales Rep Fort Worth, TX 76102 17300 Medina Rd, Suite 600 Facsimile: (817) 392-8654 Minneapolis, MN 55447 Facsimile: +1-763-546-4369 With copy to Fort Worth City Attorney's Office at same address 12 32. NON-DISCRIMINATION Seller, for itself, its personal representatives, assigns, subvendors, and successors in interest, as part of the consideration herein given, agrees that in the performance of Seller's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY SELLER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORS OR SUCCESSORS IN INTEREST, SELLER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND BUYER AND HOLD BUYER HARMLESS FROM SUCH CLAIM. 33. IMMIGRATION NATIONALITY ACT Seller shall verify the identity and employment eligibility of its employees who perform work under this Agreement and complete the Employment Eligibility Verification Form (I-9). Upon request by Buyer, Seller shall provide Buyer 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 and 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 BUYER AND HOLD BUYER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY SELLER, SELLER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. Buyer, upon written notice to Seller, shall have the right to immediately terminate this Agreement for violations of this provision by Seller. 34. HEALTH, SAFETY, AND ENVIRONMENTAL REQUIREMENTS Services, products, materials, and supplies provided by the Seller must meet or exceed all applicable health, safety, and the environmental laws, requirements, and standards. In addition, 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. RIGHT TO AUDIT Seller agrees that Buyer shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records, including, but not limited to, all electronic records, of Seller involving transactions relating to this Agreement at no additional cost to Buyer. Seller agrees that Buyer shall have access during normal working hours to all necessary 13 Seller facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Buyer shall give Seller reasonable advance notice of intended audits. The Buyer's right to audit, as described herein, shall survive the termination and/or expiration of this Agreement. 36. DISABILITY In accordance with the provisions of the Americans with Disabilities Act of 1990 (ADA), Seller warrants that it and all of its subcontractors 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 subcontractors. 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 subcontractors against Buyer arising out of Seller's and/or its subcontractor's alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. 37. 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, whether 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. If the parties do not agree to mediation, or if the parties submit the dispute to non -binding mediation but 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. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the Buyer 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. To the extent the Chapter 2271 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature 14 provides written verification to the Buyer that Seller: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 39. PROHIBITION ON BOYCOTTING ENERGY COMPANIES If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the Buyer is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not boycott energy companies, and (2) will not boycott energy companies during the term of the contract. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 40. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES If Seller has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Seller acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the Buyer is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Seller certifies that Seller's signature provides written verification to the Buyer that Seller: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 41. INSURANCE REOUIREMENTS 41.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: 15 $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller or its employees, agents, or representatives in the course of providing services under this Agreement. "Any vehicle" shall include any vehicle owned, hired, and non -owned. (c) Workers' Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the work is being performed Employers' Liability: $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy or through a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of services. An annual certificate of insurance shall be submitted to Buyer to evidence coverage. 41.2 General Requirements (a) The commercial general liability and automobile liability policies shall name Buyer as an additional insured thereon, as its interests may appear. The term "Buyer" shall include its employees, officers, officials, agents, and volunteers with respect to the contracted services. (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of Buyer. 16 (c) A minimum of thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to Buyer. At least ten (10) days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. (e) Any failure on the part of Buyer to request required insurance documentation shall not constitute a waiver of the insurance requirement. (f) Certificates of Insurance evidencing that Seller has obtained all required insurance shall be delivered to the Buyer prior to Seller proceeding with any work pursuant to this Agreement. 17 Exhibit B CONFLICT OF INTEREST QUESTIONNAIRE Pursuant to Chapter 176 of the Texas 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 (e.g. The City of Fort Worth) must disclose in the Questionnaire Form CIQ ("Questionnaire") any affiliation or business relationship that might pose 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 Buyer or submits an application or response to a request for proposals or bids, correspondence, or another writing related to a potential agreement with the Buyer. 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 httvs://www.ethics.state.tx.us/data/forms/conflict/CIO.DdL 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 any Conflict of Interest, provide Seller name in box # 1 and use "N/A" in each of the other areas on the form. However, a signature is required in box #4 in all cases. 18 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local rgovemmental entity Ibis yuestionnslre reflects. changes made to the taw by H.B. 23. 841h Leg., Regular Session. OFFlCEUSEONLY This giiesLlnna to is baing tiled in ac coiMance w4h Chapter 176, .Gavet ini-nit 6 ti dej by a veridot W?'tT Wtv pawrmd has a bul,arsd relaWnship as detined by Section 17d.001(1-a) with a =scat gov--mmental entty and 11ie vendor meets tegLviiia rents under Sediort t 76_OMfal. By law #vs quixsiiwu*aire inust be tiled with the herds administrator of the local go.eri!rnental entity not later Thais Me 71hi business day aner 11he date the ven60'a becW*S aware et tsCL: that regulre the statement 10 tie tired. See Section t 76.00Bla-11, Local Government cock . A veisr a commits an otlanse d rile vendor t.riomigy viotales SSt Vmn :7&006. LtCal Govem r*nl Coate. An otfecrxe holder th•s ser t co i8 3 nti der.se3ttOL 1J Name of vendor who s a business relationship with local governmental entity. 2) �( Check this box if you are filing an updateto a previously filed questionnaire. (The law requires that you file an updated t �J completed questionnaire wi?h the appropriate tiling authority not later than the 7th business day aPer the date on which you beeamre aware that the originally fled questionnaire was incomplete or inaccurate_) Name of focal government officer about wham the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member ofthe officer, as described by Section 176.003(a)(2)(k). Also describe any family relationship with the local government officer. Complete subparts A and 8 for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family number of the officer receiving or likely to receive 'axab!e .noome other than investment income, from the vendor? Yes trio 8_ is the vendor receiving or likely to receive taxable income, other than investment income. from or at the direction of the local government afiicer or a family merrier of the officer AND the taxable income is not received from the local governmental entity? El Yes No .; 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. nj I, 61 !v l� Check this box if the vendor has given the local government officer or a family rnember of the officer one or more gifts as described in Section 176.003(a)(2)(S), excluding gifts described in Section i 76-owia-1). 71 7� ure vtxruerretisl enttfie T ucat orrn provided by Texas Ethics Csiri nvssion www.etrrics_stste.tx_us Re sed VV2021 19 Exhibit C SELLER CONTACT INFORMATION Seller'sName: Seller's Local Address: Vl�)m 1sd tVV Phone. 0) 19315 Email: �,C!, o'%z�irV� Fax: Name of persons to contact when placing an order or invoice questions: Name/Title%' T��"� Phonel('�- - :1 % v � ` l 3 Fax: Email �� \ `������.�� e ��-, Y ► 1 Name/Title V-N ly-\- _ J Phone: V)� ICJ J t Fax: Email: Name/Title Phone:q(45)-� _d �. �"� Fax: Email: \�&) �t -ro I �M 4" 4,44741 Signature Printed Name 20 ,3(.71Ers Date Exhibit D VERIFICATION OF SIGNATURE AUTHORITY Leeds Precision Instruments, Inc. 17300 Medina Road, Suite 600 Minneapolis, MN 55447 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Seller and to execute any agreement, amendment, or change order on behalf of Seller. Such binding authority has been granted by proper order, resolution, ordinance, or other authorization of Seller. Buyer is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Seller. Seller will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. Buyer is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Seller. 1. Name: Pos' 'on: Signature 2. Name: Position: (0-C J Signature t Title: ��� �—,el�! � `��/ Date 21 Exhibit E SELLER'S SOLE SOURCE JUSTIFICATION LETTER tLEEDS 17300 Medina Road, Suite ❑❑❑ Mlnneapubs. MN 55447 Phone: 7B3-546-8575 Fax: 763-546-435EJ February 11, H25 Fart worth Police Department Attn: Paul Slocum 1616 E_ Lanc aster AVE Fort Worth, Tx 76103 Dear Paul, Leeds Prebsion Instruments, Irrt. "Leeds" is khe sale manufacturer, and U.S. distributor of the Leeds` LCF3 Firearms and Tool Marks Comparison.Mitr'aswpe. As its ma nu Fact urer and distributer, Leeds provides a"!te installation training, ors-Ving technical support, and warranty service. in add it ion, Leeds` service department i s available after the sale for scheduled maintenance and 150/IEC 17025=2017 attred itpd retertifltatian. The Leeds' LCF3 stands as 5pecialixed andexcepklanal comparison microscope, 6skinguished by itsdistInckiveattribute5thatareabsent fromanyother equipmentavailableinthemarket. Unique Specifications for Leeds Firearms and Tool Marks Comparison Microscope (LCF3) includes: 1. Leeds Precision Instruments, Inc_ has an ISO/IEC 17025.2017 accredited service department for calibration, providing certiflcatesof calibration for magnification matthing and all measurement fuMtions, including the unique Y-axis mounted dlghnI stale and camera measurements. 2. The LCF3 uniquely usesasi ogle objective with a constant 60mm working distance atall magnifitations and has primary magnRat ion range of 6x - 102x. Its 2Wrn design p0ovidp5 14 matched magnification positions that are par focal and parcentrlo. Of these 14 positions, 11 are betweenthe magniFicat! onsof6x- 56x. 3. Leeds Universal holder is uniquely desigied to hold and manipulate varioussiaecartridge casings (from a0.030" diamt ter wire to 10-guage shotgun shpl1). requires no additional holder acces5erips, and has non -marring surfaces to prevent da mage toevidemm. 4. The LCF3 dividing Ii"tontroller hseasily adjusted uniquelyw1th one hand, allowing the examiner to sweep the dividing line From right to left, with this de sign arff line width is possible, and images can be viewed at arwyperoe 4tage left, rightorsuperimposed. 5, The LCF3 has unique stages that can be removed entirely from the system or swung aside. Allowing far extra working area witl r samples that require a large working space. & The LCF3 13-watt quad lamp fluorescent lighting 5ystern uses a fluorescent lighting 5y5tem 22 offering versatile rotatable hood that can be adjusted for rr Arnurn sample contrast. 7. The LCF3 workstation is machined from a single piece of billet aluminum, providing structural rigidity, which allows for increased image quality by counteracting the disruptive effects of vibrations. The specialized form of this table not only prioritizes ergonomic comfort but also features roll -off edge protection, proficientlycurbingthe riskofcylirid rical samples from rolIIng off workstations. S. Leeds is equipped with an extensive assortnrentof loaner and replace mentcomponents. strategically positioned to -add ressemergency service scenarios. Leeds promptlydeploys hardware within 24to 49 hours, effective IV minimizing ope rational disruption s. 9, The LCF3 system offers an optlonal ultra -wide field objective with the largest field of view in the industry at 170mm. The ultra -wide field objective has continuous zaern magnification range of 1.0 8X to 17.2 8 . Sincerely, Leeds Pre risionInstruments,IX. By Terri Barnett R5Pre5identfC00 2 23 Exhibit F SELLER'S QUOTE LEERS 17300 Medina Road, Suite 600 Minneapolis, MN 55447 USA Phone: + 1-7 63-546-8 5 75 Fax; + 1 -763-54 6-436 9 w4ww leedsmicro.com Quotation prepared for Fort Worth Police Department Attn: Paul Slocum 3616 East Lancaster Avenue Fort Worth, TIC 7610 Project Description: Leeds Firearms and Tool Marks Comparison Microscope f.L F3.i QLJote Number: 23673, issued by Leeds Precision Instruments, Inc. This gL10te is Vafid from: February 1 'l , 2025 to play -1: 2025 F.O.B: Destination Terms: Dorn estic — NET 30 (with open account) International — Prepayment in I-JS Funds or Letter of Credit, either of which is executed prior to the Mete of shipment of goods Delivery: Mill ship within 00 days of receipt of a Pui-chase order, subject to acts of Cod. or other Causes beyond the reasonable control of Leeds. Respectfully submitted for Leeds by: Patrice Amoapini, Technical Sales Rep 24 fLEEOS 17300 Medina Road, Suite 6D0 Minneapolis, MN 55447 Phone: 7E3,546-8575 Fax: 7 E3.546-03E9 Quote #2367 2}11I2025 TO: FORT WORTH POLICE DEPARTMENT Al Ir,LrLiu_v: PAULSLOC:LTM CRLViE LAB 3616 EAST LANCASTER AVENUE FORT WORTH, TX 76103 PROJECT DESCRIPTION: LEERS FDRE.ARMS AND TOOL MARKS COV PARI5ON--+UCROSCOPE (LCF3) LCF3-OCU1-0 1 ea LCF3opbuNdsystem. that inoludesthe Leeds'oompanson bridge designed with high -quality optics that provide a superior color balanced system .., —.. ..... optical bodies with 16:1 zoom ratio. and I plan apochromaat ob*tives, with the following: Zoom mmgmficaaon range of 6m-102a 14 Matched magu fication click stop positions 11 matched,.., .,.. on positions between bx and 56x ISO 17025:2017 AccreditedfNIST Traceable certificate of magnification matching - 22mma Field Number 1XPlan A.--- ...—object e WorInn¢ distance (%`D) 60mma Numerical Aperture (NA) 0-15- super depth of focus UF*t u reversed image Built-in aperture diaphragms Images can be dewed as 100 . right, 1 W1. left split, or i .r • .... r ..,-I image di,,zdiag-line controller is easily adj usted with one hand- allowmg the examiner to sweep the dividing -line from right to left- Di%gdmg line can be ehminatexl or adjusted to amp desired line width The same cmtrally located control allows any percentage of the right and left images to be ....:.... , a'l as well. Zoom control on both sides of the bodies Outside -zoom knob indicates total magnification System is parfocal with the -53, 1-63Z and 2X objeLlixes carrying the "PF" designation Respectfully Submitted by:Patrice Arnoapim, Technical Sales Sales Tax (0-0%) Support Rep Total Wso} www.leedsmicro-com Page 1 25 41,492.00 41,492.00T 0LI EEOS 17300 Medina Road. Suite 600 Minneapolis, MN 55447 Phone: 7 E3-5 46-8575 Fax: 7 63.54E-4359 LCF-3-LT330 Quote 023673 241l202 5 TO: FORT WORTH POLICE DEPARTMENT A . --. .. —.- : PAUL SLOCLTM CRL4 E LAB 3616 EAST L.ANCASTERAVENUE rvn.1 WORTH, TX 76103 LCF-2-UI00H6 3 ea Widefield focusing 10X Eyepiece for UIS optics, high 346.00 692.00T eyepoint, field number 22, 30mma diameter, with shelf for 24mma diameter reticle f 5 Diopter adjustment vernier printed on eyepiece. (was 2-U 10OH6) LCF-2-UI026 1 ea CROSSVff Nl OX-1-7; Widefield 10X Crosshair Eyepiece: 459.00 459.00T high E�pointy FN 22; 30m m dumaeter, focusable top lens with crosshair reticle and alignment pin = 5 Diopter Adjustment Vemierpminted on e3Tpiece. Res pectf4dly Submitted by: Patrice Amoapirn, Technical Sales Support Rep w w-leedsmicro-cam Page 2 26 Sales Tax (0-0%) Total {uso} OL, EEOS 17300 Medina Read, Suite BDO Minneapolis, MN 55447 Phone: 7 E 3-5 46-8575 Fax: 7E3.54E43E9 Quote #23673 2}11l2025 TO: FORT WORTH POLICE DEPARTN= A-L I=4 LWA: PAUL SLrJ'CUM CREME E LAB 3 616 EAST L.ANCASTER AVENUE FORT WORTH, TX 76103 LCF3-STATION 1 ea E.rgonomoio-shaped table top with object roll -off protection edge- Table is constructed from billet aluminum and is laminate covered. The station mdudes the following: Table i .... 4, _,: 36" x 24:' -Motorized Z-axis colunm - Oblect roll -of - ...- . - . edge -Lntegnted power outlets, providing four switched and four un-switched receptacles (C 13) which supply the same line -in voltage. Swzt: hkd . �_r L��� are controlled by the standby power switch- located on the positionable touchpad, which also toggles the.... _ . °•- , - and lightuag controls on and off. Adjustable height aluminum legs v;ith motorized lead screw drive for 1 T' (300 nsm) table height adjustment from 26:' — 3 8"- -Accessory support post (1) which can be positioned otrer an 18 ' range, from ngk to left. -Um;.wsal power supply (100 — 2 50 VAC, 50 — 60 Hz) -Pesitionable f - . _ . _.._ for operation of z-aids column - table height fluorescent lighting, LED spot lighting (if included): and direct read out (DRO) of motorized stage position. -Leg crossbar which can be raised or lowered as needed far footrest LCF-FOPOS 2 ea Focus -mount positioner; 4" Xis range to change the side -to -side position of the universal bullet holder- LC'F3-FFOMT 2 ea Stage mount vith fine and coarse focus control LCF-STAGE 2 ea Horizontal coaxial control X-Y stage, 180mm x 135mm platform with50mimX-axis and77mmYesmovement- Uniform ball -bearing motion_ LCF3-SCALE 1 ea LCD Measuring scale, inch—'metric,-0005'70-01mm resolution with bracket kit. Includes LSO 17025:2017 accredited+NLST Traceable Certification of Scale Accuracy. LC'F-COL'ER 1 ea Nylon dust oover Respectfully Submitted by: Patrice Amoapim. Technical Sales Sales Tax (0-0%) Support Rep Total fuso} w w-k: � ;. . , .-corn Page a 27 17,906-00 17,906.00T 406.00 812.00T 2.733.00 5-466.DDI 2.338-00 4,676.00T 890.00 890.00T 0-00 0-00T fLEEOS 17300 Medina Road, Suite 600 Minneapolis, MN 55447 Phone: 763-546-6575 Fax: 763.546-4369 Net 30 M 5-LCF-ISO LCF3-L1VL.HLR FOB DEST 1 ea 2 LCF-PMH 1 LCF-EPH 1 LCF-L1VWP 2 LCF-MAGMT 1 L F-CF13DD LCF-LEDFO LCF3-LEDFO-PST LCF-AO8520 ea ea ea ea ea ea ea ea ea ea ea Quote #23673 2r11r 025 TO: FORT WORTH POLICE DEPARTNIT-Nf A i i rev L1uL c PAUL SLOCUM CRLME LAB 3616 EAST LANCASTER AVENUE FORT WORTH, TX 76103 5M3 2025 IS0/1EC 17025.201; accredited calibration prosadmg 0-00 0.0-3T certificates of calibration for magnification matching and all — ' . Bons SAMPLE. HOLDERS Unhwsal Manipulating Bullet}Shell Holder. with 90 degree 4,233.00 8,466.00T krertical to horizontal positioning range. 360 degree rotating chuck with as small as -030" wire to as large as a 10-gauge shotgun shell. This holder allows a shell to be gripped by its inside, or outside, diameter- It can also grip a shell by the extraction groove- This umq a holder replaces many special holders, eliminating the additional time required for change over- Includes a mini -platter far sticky wax mounting. Set of pin mount pairs, -0947, .125", -190", .250"- 409.00 409.00T Pin mount holder tray 182-00 182.00T Third eyepiece holder- attaches to LCF colunm 155.00 155.00T Wax platen with ball parrot to mount in universal holder 369.00 738.00T Ntagnetic shot gun shell holder for firearms systems- pair 159.00 159-OOT FLUORESCENT AND LED LIGHTING FLuorescentlight kit for LCF3stL&mwlarbmlatingarms- 1,185-00 ljm.00T Fluorescent light pairs: 13W: 5000IL 900 lumens, energy efficienf , "Double U-Tube' quad bar design lamp- Lircvrporated into a holder with rotating hood_ has a lamp life of 10,000 hours. CF13DD.EiS5000MNLERCLALBRAND Quad bulb 14.00 28.00T Fairless 5700K Led cube ilhiminator Light sourcell-ED Light 958.00 958.00T source for use with a fiber optic light guide LIhB-LEDFO Post Mount for LCF3 Station. 159.00 159.00T Dual 19" gooseneck light guide with 30" flexible fiber 439.00 439.00T bum,dle- Mows directly onto microscope body so that illuminator unit can be located at some distance from the microscope stand_ Respectfully Submitted by: Patrice Amoapim, Technical Sales Support Rep www_leedsmicra_com Page 4 m Sales Tax (0-0%) Total fuss} FEEDS 17300 Medina Read, Suite 600 Minneapolis, MN 55447 Fhone: 7 53-5 46-85 75 Fax: 7 E 3.546-4369 Quote #23673 2Jl U2025 TO: FORT WORTH POLICE DEPARTNfEbLi' Ai iVIA LW_r: PAULSIX CUM CRLME LAB 3616 EAST LANCASTEP A%TNUE FORT WORTH, TX 76103 LCF-D8080 2 ea Diffused spot lem '34.00 462.00T LCF-A08080 2 ea Focusing spot lens ' 5.00 1= :: : CAMERA, ADAPTER AND CGNffUTER 1.CF3-00M55-PKG 1 ea Leeds 5MP C:MOS camera vith SPOT Advanced software, i ,115. iJiJ including EDF and HDR- Camera: Sensor: 5 NlP CMOS, color mosaic Lire framerate: 60+ fps (HID) Full resolution li%T framaenfte: 45+ fps (5 MP) HIsV pisels: 2448 x 2048 Pixel size- 2.45 um Sensor format: 2;'3': I..-....... - .: _.l adapter magnification: 0.63x Lens mount: c-motmt Computer interfice: USB3 SoBv:are: SPOT Advanced High Dy— Range (HDR) image capture Manual Extended Depth of Field (EDF) image capture Calibrated .. ... — _. on litre pre;.zew and image capture including length, perimeber, area, angle, and more Live image focus indicator Flatfield correction User -definable imaging profiles to support diftiereiif illumination t}pes and imaging - Image flicker reduction LCF-DE63BXC: 1 ea 0.63X C-Moues for OLYMPUS B Respeetf4111y Submitted by:Patrice Amoapim, Technical Sales Support Rep www-leedsmicro-corn Page 5 29 Sales Tax (0-0%) Total (LISP 659.00 659.00T OL, EEDS 17300 Medina Road. Suite 600 Minneapolis, MN 55447 Phone: 7 E3-54E-85 75 Fax: 7 E3•546-43E9 Quote #2367 2}11I2025 TO: FORT WORTH POLICE DEPART= Ai ir-viiu-,i: PAULSLOCUM CRIME TAB 3616 EAST LANCASTER AVENUE FORT WORTH, TX 76103 PC SFF-PT-24 1 ea Desktop Win& 3 11 PC for use with CMOS5 and CMOS 12 2,695.00 imaging s}stems_ CPU Speed: 3.0 01z ar geater. RAM: 16 GB RAM Diave: 512 GB SSD GPU {Cmaplucs cwo D: Intel integrated grapkcs Display: 24': LED monitor Wwranty: 3-year. on -site IO' DF CA F. 1 I ea 10' DISPLAY PORT CABLE 19.00 Subtotal Respectfully Submitted by: Patrice Ain oapim, Technical Sales S4ipport Rep 'W'YVW.lvv.o "=.com Page 30 2.695.00T 19.00T 100,392.04 Sales Tax (0.0%) $0_00 Total WSP $100,392.00 fLE EDS TERMS AND CO N DITIONS FOR LEEDS LOF AND I_OT MODELS ORDER TERMS AND ACCEPTANCE: All customerorders are subjedttotheseTermsand Conditions- Any inomsistent or conflicting tem. in any purchase order, or other customer comnxmication, cannot sup iers ede or modify tlhese Terms and Conditions, and are expressly rejected. All orders are subpect to acceptance by Leeds and no prams ion of goods or services by Leeds wit I be deemed to be an acceptance of conflicting or inconsistent terms, or a waiver of these Terms and Conditions. ff 1he custurner is the federal gavernme", a state government, an agency of the federal or state g Dvernment, or a political subdivision of any state, including, but not lirritedto, anycourrty, city, or municipality, these Terms and Conditions shall be deemed to be s Ubje,ctto the mandates terms and conditions of any said govemmernt as they relateto govemmerrt purchases. Anytransactions with Leeds for products or services rA II be gnrerned bythe laws of the State of Minnesota applicable to oxrtraotsand accepted and to be performed in Minnesota, Wkhoutregardto applicableconifK*i of law principles. Any action relating to any Leeds transactions, orthes eT&Tm and Condit on will be brought in the applicablefederal or state courts I wated i n Hennepin Caunty, Minnesota. Byplacinporders with Leeds, each customer irrevacably s ubmits to the j urisdiction and wen ue of such courts. SHIIPIPING: Leeds will attempt to han Dr sped al shipping regeests, but reserresthe rig htto seleatthe carrier and manner of shipment. All shipping and delivery dates provided are estimatesanly,and customer wIl pay all applicableshpping and handling charges. All produeis are sdd and shipped F.O-B- Plymouth. Minn Esola,with tide and risk of lass passing to cost rn rupontenderto carrier. PRICING AND PAYMENT: Prices and applicable discount terms are subject to change withoutnotice, and orders wil I be filledand shipped alt prices conflrrnedon acceptance. Except as dhefWsequcled by Leeds, pricing is exclusiveof all ap plicable sales, use or si milar taxes, which wrill be the sd a liability of customer- 'Nthout Leeds' prior written consent, payment by credit card is no; permitted in excess of $500- If credit is extended, customer agrees that Leeds will be entitled to collect interest on any late payments from date of delivery at the rate of 896 per annum PRODUCT ACCEPTANCE: In case of anyshortage or product dannage, customers must notify d elivering carrier and Leeds immediately, and mustfile a carrierdaim within 10days of receipt. Leeds will provice necess ary supparting daim infvrr31-an anddociumentatian on request. Leeds will use best efforts to expedite reorders For missing ordan►aged products, which vAll also remainsubjectto Leeds'7errrsandConditions- RETLIRNS AND CANCELLATIONS: Unused and and amaged non-rustam praducts are the onlytype of products that may be ret: med, provided thatthe custornerhas obtaineda written return authorization code from Leeds. All such retums mus; be req uested withi n 30 days of product recei pt. Creditfor authorized returns W II be issued at current price pai d, less freight costs and reason able restocking fees-Cancellati on of orders pri or to delivery are subjedtto the fd louring: i) If items ordered are Leeds'stockitems, theordercancelationWIIbeao edwithoutchargeorpenalty,ii)IFKerrrsorderedarespecialorder items by Leeds and Leeds has placed a purchase orderw ith the manufacturer, or if the i-tefrrs ordered ind ude Leeds' customization of products, a reascnabMe fee may be charged, not to exceed an ameunt eq ual to 150A d the customers purchase price- LNITEDWARRANTY: Leeds warrants thatits LCFFrearms &TaolmarksComparison Micreseapeand its. LCTTrace Evidence CompadsonMioroseope will be free IFrom defem in materials and workmansh ip, under narynal use and service, for a period of frve years for mectnanical or optical deFects and one year nor electrical, efecti-anic, or year -related components, provided, kwewer, that the product is placed, arrd always kept, in a suiuble dima`e can rolled environment that meets Leeds' spedfioaticns. The warranty shall begin at instaNlation. If any product proves to be defective within the relevant warranty period, the custorer must return the defective product to Leeds. Leeds Pre3Jm h 9m reM Irn 173DO Medina Road, Suite 500 Plymouth, M N 55447-5539 (703) W-43675 www.leedsmirro-com Leeds at its sde discretion, will repair, replace, or adjustthedefective prod uct, provided that Leeds' investigaton and factory inspection disclose that such defect developed u nder nonral and proper use and the product is covered u rider this I irMed warranty- Repair, replacement, oK adjustment of defective product shall be Leeds' sole ckNigation and the oustorner's sde remedy. Redzed 12-4-19 31 M&C Review Page 1 of 2 Official site of the City of Fort Worth, Texas A CITY COUNCIL AGEND FORTIVORTH- Create New From This M&C DATE: 4/8/2025 REFERENCE **M&C 25- NO.: 0294 LOG NAME: CODE: C TYPE: CONSENT PUBLIC HEARING: 35LEEDS PRECISION FIREARMS COMPARISON MICROSCOPE NO SUBJECT: (ALL) Authorize Execution of a Sole Source Agreement with Leeds Precision Instruments, Inc. for a Leeds LCF3 Firearms Comparison Microscope in the Amount of $100,392.00 for the Police Department with Four One -Year Renewal Options RECOMMENDATION: It is recommended that the City Council authorize execution of a Sole Source Agreement with Leeds Precision Instruments, Inc. to purchase a Leeds LCF3 Firearms Comparison Microscope in the amount of $100,392.00 for the Police Department with four one-year renewal options. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a Sole Source Agreement to purchase a new Leeds Precision Instruments, Inc. (Leeds) LCF3 Firearms Comparison Microscope for the Police Department Forensic Analysis Laboratory (Crime Lab). The Crime Lab uses comparison microscopes for simultaneous examination of fired bullets and cartridge cases left at crime scenes to identify similarities or discrepancies between them. The comparison microscopes enable examiners to discern details and patterns that may otherwise go unnoticed and help establish connections between evidence and crime scenes. The examiner can compare an unknown cartridge case to a known cartridge case as a confirmatory test used in courts of law for criminal cases. In 2005, the City purchased a Leica FS C Microscope; however, it has been out of service since January 2020. The Leica system is obsolete and parts are not readily available in the market for repairs. Since 2021, the Crime Lab backlog of firearms examination requests has steadily increased as shown in the table below. Firearms Examination Backlog Date Number of cases January 2021 165 January 2022 253 January 2023 385 January 2024 514 January 2025 599 The purchase of the new Leeds LCF3 Firearms Comparison Microscope will allow Crime Lab Firearms examiners to reduce the backlog of firearms examination cases and includes a three-year, on -site warranty. Funding is budgeted in the CCPD Capital Projects Fund for the Police Department for the purpose of funding the FY25 PD Forensic Equipment Rep project, as appropriated. DVIN-BE: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by http://apps.cfwnet.org/council_packet/mc review.asp?ID=33157&councildate=4/8/2O25 4/9/2025 M&C Review Page 2 of 2 the Legal Department. Therefore, the business equity goal requirement is not applicable. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM: Upon City Council's approval, the term of the Agreement will become effective upon City Secretary Contract execution and expire twelve (12) months after. RENEWAL OPTIONS: The Agreement may be renewed for up to four (4) one-year renewal terms, at the City's option. Renewals may be used for support maintenance after warranty expiration, equipment repair or replacement. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the CCPD Capital Projects Fund for the FY25 PD Forensic Equipment Rep project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Police Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund I Department Account Project ID ID Submitted for Citv Manaaer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Amount Year (Chartfield 2) William Johnson (5806) Neil Noakes (4212) Robert A Alldredge (4131) 35LEEDS PRECISION FIREARMS COMPARISON MICROSCOPE funds avail.docx (CFW Internal) Approved Chapter 252 Leeds Firearms microscope.pdf (Public) Approved Waiver of Business Equity Goal - Leeds.pdf (CFW Internal) FID Table Leeds Comparison Microscope.XLSX (CFW Internal) Leeds Form 1295 2025-1275485.pdf (CFW Internal) http://apps.cfwnet.org/council_packet/mc review.asp?ID=33157&councildate=4/8/2O25 4/9/2025