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HomeMy WebLinkAboutContract 63616CSC No. 63616 Fob W�o�uTH CITY OF FORT WORTH PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is entered into by and between SSD International Inc. ("Seller"), a Corporation, and the City of Fort Worth ("Buyer"), a Texas home -rule municipal corporation, each individually referred to 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 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; and 5. Exhibit D: Seller's Quote Exhibits A, B, C, and D, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. Vendor understands and agrees that the city will award non-exclusive service agreements for ammunition. Vendor further understands that the aggregate amount of all contracts awarded to multiple vendors shall not exceed $1,530,000.00 and the City makes no promise or guarantee of the total amount of work that will be assigned to Vendor under this Agreement. If any provisions of the attached Exhibits conflict with the terms herein, the terms in this Purchase Agreement and Exhibit A will control. Buyer shall pay Seller in accordance with the fee schedule in Exhibit D and 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 A('(+,l1III) AND A(iR111): HtWER CITY OF FOR7 WORTH }3y: ZjA, Name: \\'ilh., ;, )Ainson -- - Title: /\ lstant ('ity Manager Date: 07/07/2025 APPROVAL, RECOMMENDED Robert'Alldre e Jul3 202522:13CDT [�) g i ) Name: Robert A. Alldredge, Jr. Title: ILIC: Illtl'1'1111 ( hlef uvonU FfOR... v�� O dd °ono vox ATTF,4'1 . oaa� °°eo pp *.. apa oFoo54p By: Name: Jannettc S. Goodall Title: City Secretary SELLER SSD INTERNATIONAL INC. BY: ---- Name: 4ust er Title: Law Enforcement Account Manager Date: 02-0— 2 ('ON LRACT (UOMPI.IANCI iMANAGE12: Hy signing I acknowledge that lain the person responsihle for the monitoring and administration of this contract, including ensuring all pc6ormance and repn►ling requirements. �/1.2c.vyl.ej By: -- Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND f LEGALITY: �� f�G'fc,tJQ2 By: � -— Name: Jcrris Mapes I Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 25-0626 Date Approved: 06/24/2025 Form 1295 Certification No.: 2025-1317614 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX rllrl■�ttw��r,ii10�7�'i7!*i'�1r�. �9� "�Ifls�,� "R1�t'�rt�lti' Exhibit A CITY OF FORT WORTH, TEXAS STANDARD PURCHASING TERMS AND CONDITIONS 1. DEFINITION OF BUYER "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 "Seller" means and includes SSD International 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 This Agreement shall begin on the date signed by the Buyer's Assistant City Manager ("Effective Date") and shall expire on March 31, 2026, unless terminated earlier in accordance with this Agreement. Buyer shall 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 reasons objecting to disclosure to the Office of the Attorney General of the State of Texas. 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. Any violation of this section with the knowledge, expressed or implied, of the person or 3 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 Buyer 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 after inspection and acceptance of the goods. 10. DELIVERY TERMS AND TRANSPORTATION CHARGES Freight terms shall be F.O.B. Destination, Freight Prepaid and Allowed. 4 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 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 Buyer'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 and 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 expenses. Such remedies are in addition to and not in lieu of any other remedies which Buyer may have at law or in equity. 14.2 Seller warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage 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 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 its 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. 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 (in this Section 18 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 intellectual property rights or other third -party proprietary 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 software and/or documentation 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 software and/or documentation. 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, 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 software and/or documentation 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 software and/or documentation; or (b) modify the software and/or documentation to make it non -infringing, provided that such modification does not materially adversely affect Buyer's use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non -infringing software and/or documentation 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 7 to SELLER by Buyer, subsequent to which termination Buyer may seek any and all remedies available to Buyer under law. 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 Contract and that are completed or reduced to writing thereafter ("Work Product"), shall 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 are not considered work(s) made for hire under 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 Intellectual Property rights in and to the Work Product. Seller for itself and on behalf of its vendors hereby waives any property interest in such Work Product. 20. 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 at law or in equity. 21. TERMINATION 21.1 Written Notice. The 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 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. 21.2 Non-ADoropriation of Funds. In the event no funds or insufficient funds are appropriated by the Fort Worth City Council in any fiscal period for any payments due hereunder, Buyer will notify Seller of such occurrence and this Agreement shall terminate on 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 as a requirement to perform services hereunder, Seller shall return all Buyer provided 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 of Seller shall be wholly void and totally ineffective for all purposes unless made in conformity with this Section. Prior to Buyer giving its consent, Seller agrees that Seller shall provide, at no additional cost to Buyer, all documents, as determined by Buyer, that are reasonable and necessary to verify Seller's legal status and transfer of rights, interests, or obligations to another entity. The documents that may be requested include, but are not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form W-9 to verify tax identification number, etc. Buyer reserves the right to withhold all payments to any entity other than Seller if Seller is not in compliance with this provision. If Seller fails to provide necessary information in accordance with this section, Buyer shall not be liable for any penalties, fees, or interest resulting therefrom. 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 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 0 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 not defined herein but 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 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/OR 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 SELLER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, 10 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 PROPERTYINDEMNIFICATION- 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 B UYER'S USE OF THE SOFTWARE AND/OR DOCUMENTATION IN ACCORDANCE WITH THIS AGREEMENT, IT BEING UNDERSTOOD THAT THIS AGREEMENT TO DEFEND, SETTLE, OR PAYSHALL NOTAPPLYIFBUYER MODIFIES OR MISUSES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS SELLER BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONS AGAINST B UYER 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 INANYAND 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 OFANY 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, 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 SOFTWARE AND/OR DOCUMENTATION 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 SOFTWARE AND/OR DOCUMENTATION; OR (B) MODIFY THE SOFTWARE AND/OR DOCUMENTATION TO MAKE IT NON -INFRINGING, PROVIDED THAT SUCH MODIFICATION DOES NOT MATERIALLYADVERSELYAFFECT 11 29. 30. 31. BUYER'S USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C) REPLACE THE SOFTWARE AND/OR DOCUMENTATION WITHEQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON -INFRINGING SOFTWARE AND/OR DOCUMENTATIONAT 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 BYB UYER, SUBSEQUENT TO WHICH TERMINATION BUYER MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO B UYER UNDER LAW. 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. 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. 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: City of Fort Worth Attn: Purchasing Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at same address 12 TO SELLER: SSD International Inc. 1349 S. Orange Blossom Trail Attn: Austin Weber, Law Enforcement Account Manager Apopka, FL 32703 Austinwna,s sdinternationalinc. com 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 AND 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 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 environmental laws, requirements, and standards. In addition, Seller agrees to obtain and pay, at its own expense, 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 13 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 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 cannot agree to submit the matter to non -binding mediation, or if the parties submit the dispute to non -binding mediation and 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 14 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 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 Coveraize and Limits (a) Commercial General Liability: 15 $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by Seller, its employees, agents, or representatives in the course of providing services under this Agreement. "Any vehicle" shall be 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 at least two (2) years following completion of services provided. 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. 16 (b) The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of Buyer. (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 cancellation due to non-payment of premium. Notice shall be sent to the Risk Manager, Buyer of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the address indicated above. (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 Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. the City of Fort Worth) must disclose in the Form CIQ ("Questionnaire") the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the 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 is enclosed with the submittal documents. The form is also available at https://www.ethics.state.tx.us/data/forms/conflict/CIQ.Ddf. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. NOTE: If you are not aware of a Conflict of Interest in any business relationship that you might have with the Buyer, place Seller name in box # 1 and use "N/A" in each of the areas on the form. However, a signature is required in box #4 in all cases. 18 CONFLICT OF INTEREST (QUESTIONNAIRE Foi ven(loi doing husinnss with locnl govtr►ntnenlal entlly thia quesllnnnglri, rpII-c1% chengps mpdr I tho law by II n ?J, A I I h I nq Itnquler SosMon FORM CIO OFFICF t15F rrffl Y l III" (1tm."i oill'i"o it hailO hlod In -irr, old-ilr.owilh (:hl)ilni 1 If, I n(.al ("ovnnunnil) (,oclr, I ,, n. ;'A by a vendor ltihrr h,it, a hwon-s rnlihnli hqi a dofinpd by `io( lion t 71, 0010 1) will) a Ilir:al rlr,vormmonlal wility and Io vpn,dr.' nlpnt, wokIIto( tint tr, ur,dor SnrhotI t i(; 00R(nl BY law I ,,•, q,tn;bnnn urn must hp Wo dwdh it It-' orris nrUlen,,,irain( nl Iho local (N,voiernnnlni ent'l)' not lalnr than the 71h hur•ino-.s day allot lho dale Iho vendor bor ornns awarp of la(.is Ilhat rn;Tiwq the stalenlnl'lI. bo hlo(d Sip Snclion 17f, 0')0(.1 1) 1 Aral Govpnlnionl (,ode A vpiidoi riunnul,; an ollwtse it lijo vendor knnwnlgly violates (wlinn 176 006, t ocal Govr-mnionl Cnd(, An ollonse under this snrbon is.1 rnisdemnanpr t I Namn nl winder who has a buslnns� inlallonshlp with local govpnlnlnnlal orally. Chick this bolt If you aro Illing an III, rlat„ to a Iltrvioucly IIIPd quPs11onnalro. 11,c la,ti ,,,r,n.• 11,nl yr,, I,I,, .,n upd.,D-d (nmpl.-ir•d queshnnnaire with the appropriate filing aulhonty nol ia!,, Iha•, the'ih t•.i��nN•.•, d+) 9ftei Ih(' data on %%Nr,h you became aware Thal the originally filed questionnaire was Wimp of local govemnlnnt ofllcor about wh In the Informatlon In this spctlon Is being disclosed. -114 Name of Officer This section (item 3 including subparts A, B. C, ft D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1•a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than Investment income, from the vendor? a Yes IX No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local govemment officer named in this section AND the taxable income is not received from the local governmental entity? Yes ®No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership interest of one percent or more? FlYes 5:1 No D. Descnbe each employment or business and family relationship with the local government officer named in this section t/ /r Aof _ v -2 -0-- I 0,9-r Sig doing bustness with tyre governmental entity 1 .11 Adopted 971015 19 i I K ,;!��1111! ii#l�+lM'1f �ll�ii'1�1�J��[l7i�f'�Pf7t t11 �dltA! faiwlit�i� >lalrrt0ra'irtairrrar,Pa;�rrn rre+u wen►xaert rcir�+o rhs,tinwe►� �e.ati i�cravecr�wr� �Mta9Fil hahibit C — SELLER CONTACT INFORMATION c Seller's Name: Seller's local Address:_j3y�_a_.0_r-MS�S6�1_.Tr__A�}�o�1Got._�_l,__32703 U Phone: Ly��- tp�p� ��--- Fax: — -- — -- - -- —_ j-A�&] . 55 n ►t1�P�r n0►_ o C �—CQ `�r1 --. Name of persons to contact when placing an order or invoice questions: Name/Title Qv�-4l�1�Q�IE� Phone: 4OJ _1Fax: Email: (�\fjO SS17i &,4-h(, _�f\CGl,'nC__-_Csow-\ Name/Title Phone: Email: Name/Title Phone: Email: #iggnature Fax: Fax: -Auaf1-() -\A� or- Printed Name 20 Date 1'�7tllrl�lll�ii W Uli � � �e�un rN��I �eo� e. ►.� aw. w............u..��.w � ...�....e ..,.,...�.,. � ....r ��.� Exhibit D — SELLER'S QUOTE LRW ENFORCEM7ENT 6 MILITR RY 2025 LAW ENFORCEMENT PRICING - SSD International Agency BOX CARTON Price Per ITEM DESCRIPTION UPC CITY QTY case CRITICAL DUTY® AMMUNITION 90215 HORNADY 9MM LUGER+P 124 GR CRITICAL DUTY' LE 500 RD CS 090255902150 50 10 $ 282.13 90235 HORNADY 9MM LUGER 135 GR CRITICAL DUTY* LE 500 RD CS 090255703306 50 10 $ 282.33 90225 HORNADY 9MM LUGER+P 135 GR CRITICAL DUTY- LE 500 RD CS 090255902259 50 10 $ 282.13 91295 HORNADY 357 SIG 135 GR CRITICAL DUTY- LE SDO RD CS 090255912951 50 30 $ 360.59 90515 HORNADY 357 MAG 135 GR CRITICAL DUTY' LE 500 RD CS 090255905151 50 10 $ 365.86 91375 HORNADY 40 S&W 175 GR CRITICAL DUTY' LE 500 RD CS 090255913750 50 10 $ 299.08 91255 HORNADY 10MM AUTO 175 GR CRITICAL DUTY' LE 500 RD CS 090255912555 50 10 $ 371.24 9092S HORNADY 45 AUTO+P 220 GR CRITICAL DUTY* LE 500 RD CS 090255706574 50 10 $ 347.88 CRITICAL DEFENSE® AMMUNITION 90080 HORNADY 380 AUTO 90 GR FIX* CD 250 RD CS 0902SS900804 25 10 $ 204.47 90240 HORNADY 9MM LUGER LITE 100 GR FTX' CD 250 RD CS 0902SS902402 25 30 $ 206.76 90250 HORNADY 9MM LUGER 115 GR FIX' CO 250 RD CS 090255902501 25 10 $ 206.76 90300 HORNADY 38 SPL LITE 90 GR FIX- CO 250 RD CS 090255903003 25 10 $ 231.84 90310 HORNADY 38 SPL 110 GR FIX' CO 250 RD CS 090255903102 25 10 $ 2.31.84 90311 HORNADY 38 SPL+P 110 GR FTX* CD 250 RD CS 0902SS903119 25 10 $ 231.84 90500 HORNADY 357 MAG 125 GR FTX' CD 250 RD CS 090255905007 25 10 $ 254.41 91000 HORNADY 9X38 MAKAROV 95 GR FTX' CD 250 RD CS 090255910001 25 10 $ 230.47 91340 HORNADY 40 S&W 165 GR FTX' CD 250 RD CS 090255913408 20 10 $ 228.06 90700 HORNADY 44 SPL 165 GR FTX' CO 250 RD CS 090255907001 20 10 $ 218.78 90900 HORNADY 45 AUTO 185 GR FTX' CD 250 RD CS 090255909005 20 10 $ 232.87 92790 HORNADY 45 COLT 185 GR FTX' CD 250 RD CS 090255927900 20 10 $ 232.87 TRAININGTm HANDGUN AMMUNITION 90222 HORNADY 9MM LUGER 135 GR CRIMPLOCK TRAINING- (BRASS) 500 RD CS 090255902228 5o 10 $ 211.11 90238 HORNADY 9MM LUGER 135 GR FMJ TRAINING- 500 RD CS 0902SS902389 50 10 $ 21L11 91798 HORNADY 357 SIG 135 GR FMl TRAINING- 500 RD CS 090255912982 50 30 $ 290.26 91374 HORNADY 40 S&W 175 GR FMJ TRAINING" 500 RD CS 090255913743 50 10 $ 251.66 90924 HORNADY 45 AUTO 220 GR FMJ TRAINING" 500 RD CS 090255909241 50 10 $ 283.96 TAP® TRAINING HANDGUN AMMUNITION Opt,f$rIces are ES[IfI RM16&V Vl1'Va%W WA®"P"Mf . 1000 RD CS 090255902693 50 20 $ 350.97 S*Some Domestic LE Distributors are on a different program. Ask your Hornadt9]WHEdtative for details. 21 1/4 -I'--� OR CEMENT LRW ENF 6 MILITRRY 2025 LAW ENFORCEMENT PRICING - SSD International ITEM DESCRIPTION FRANGIBLE HANDGUN AMMUNITION 90230 HORNADY9MM LUGER 90GR FRANGIBLE TRAINING-500 RD CS 91285 HORNADY 357 SIG 90 GR FRANGIBLE TRAINING" 500 RD CS 91319 HORNADY 405&W 125 GR FRANGIBLETRAINING" 500 RD CS 90931 HORNADY 45 AUTO 145 GR FRANGIBLE TRAINING" 500 RD CS Agency BOX CARTON Price Per UPC CITY CITY Case 090255902303 50 10 $ 277.32. 090255912852 50 10 $ 344.33 090255913194 50 10 $ 344.33 090255909319 50 10 $ 339.86 •FET prices are estimates based off Jobber and PO pricing. **Some Domestic LE Distributors are on a different program. Ask your Hornacipl 710idtative for details. 22 2/4 :- y` / LAW E ENT 6 HILITRgv 2025 LAW ENFORCEMENT PRICING - SSD International Agency BOX CARTON Price Per ITEM DESCRIPTION UPC 4TY OTY Case TRAININGT" RIFLE AMMUNITION 80255 HORNADY 223 REM 55 GR SP 500 RD CS 0902558025S9 50 10 $ 336.19 80275 HORNADY 223 REM 55 GR FMJ 500 RD CS 090255802757 50 10 $ 336.19 81251 HORNADY 5.56 NATO 45 GR FRANGIBLE TRAINING-500 RD CS 0902SS812510 50 10 $ 419.93 81261 HORNADY 5.56 NATO 57 GR JACKETED FRANGIBLE TRAINING-500 RD CS 090255812619 50 10 $ 466.78 81292 HORNADY 5.56 NATO 75 GR TAP SBR- TRAINING' 500 RD CS 090255812923 50 10 $ 307.44 80864 HORNADY 300 BLACKOUT 110 GR NTX- TRAINING' 500 RD CS 090255808643 50 10 $ 526.00 80870 HORNADY 300 BLACKOUT 110 GR FRANGIBLE TRAINING'" 500 RD CS 0902558DS704 50 10 $ 450.85 80859 HORNADY 300 BLACKOUT 220 GR HPBT SUBSONIC TRAINING"' Soo RD CS 090255808599 50 10 $ 512.71 TAP® RIFLE AMMUNITION 80295 HORNADY 223 REM 53 GR TAP PATROL- 200 RD CS 090255802955 20 10 $ 230.35 83276 HORNADY 223 REM 55 GR TAP URBAN- 200 RD CS 090255832761 20 10 $ 170.79 83286 HORNADY 223 REM 60 GR TAP URBAN- 200 RD CS 090255832860 20 10 $ 170.79 83285 HORNADY 223 REM 62 GR TAP- BARRIER' 200 RD CS 090255832853 20 10 $ 170.79 80265 HORNADY 223 REM 75 GR BTHP TAP- 200 RD CS 090255802658 20 10 $ 170.79 81275 HORNADY 5.56 NATO 53 GR TAP PATROL- 200 RD CS 090255812756 20 10 $ 230.35 81245 HORNADY 5.56 NATO TBD GR TAP SBR- 200 RD CS 090255812459 20 10 BVALUEI 8125C HORNADY 5.56 NATO 62 GR TAP- BARRIER' 500 RD CS 090255698756 50 10 $ 361.28 81265 HORNADY 5.56 NATO 70 GR CX'" TAP' BARRIER"' 200 RD CS 090255812657 20 10 $ 230.35 81295 HORNADY 5.56 NATO 75 GR TAP SBR- 200 RD CS 090255812954 20 10 $ 183.73 8126N HORNADY 5.56 NATO 75 GR BTHP T2 TAP-200 RD CS 090255693430 20 10 $ 170.79 81615 HORNADY 6MM ARC 80 GR TAP URBAN'- 200 RD CS 090255816150 20 10 $ 220.62 81605 HORNADY 6MM ARC 106 GR TAP- 200 RD CS 090255816051 20 10 $ 220.62 81515 HORNADY 6.5 CREEDMOOR 100 GR TAP URBAN' 200 RD CS 090255815153 20 10 $ 301.14 8148S HORNADY 6.5 CREEDMOOR 140 GR CX'" TAP- HEAVY BARRIER- 200 RD CS 090255814859 20 10 $ 36SAO 81505 HORNADY 6.5 CREEDMOOR 147 GR ELO- MATCH TAP PRECISION- 200 RD CS 090255815054 20 10 $ 293.81 80885 HORNADY 300 BLACKOUT 110 GR TAP URBAN- 200 RD CS 090255808858 20 10 $ 223.71 80865 HORNADY 300 BLACKOUT 111 GR MONOFLEX- TAP SBR' 200 RD CS 090255808650 20 10 $ 261.74 80895 HORNADY 300 BLACKOUT 190 GR SUB-XTM TAP- 200 RD CS 09025SS08957 20 10 1 $ 228.18 80896 HORNADY 308 WIN 15100 GpRTAP URBAN- 200 RD CS 090255809964 20 10 i $ 269.30 80905rite5 estNmates�aseld off JobbEe1and POH P,�,QgECISION- 200 RD C5 090255809053 20 SO $ 269.30 '-Some Domestic are LE Distributors are on a different program. Ask your Hornadt9AWMAtative for details. 23 3/4 J� LR WGEN FOR CEYENT• MILITgq 2025 LAW ENFORCEMENT PRICING - SSD International Agency BOX CARTON Price Per REM DESCRIPTION UPC OTY CITY Case 80985 HORNADY 308 WIN 165 GR CX'" TAP* HEAVY BARRIER'" 200 RD CS 09025580985E 20 10 $ 407.10 80965 HORNADY 308 WIN 168 GR A•MAX- TAP PRECISION- 200 RD CS 090255809657 20 10 $ 269.30 80725 HORNADY 308 WIN 168 GR ELD- MATCH TAP PRECISION- 200 RD CS 090255807257 20 10 $ 269.30 80715 HORNADY 308 WIN 168 GR ELD- MATCH TAP- AR 200 RD CS 0902558071SR 20 10 $ 269.30 80785 HORNADY 7,62X39 111 GR MONOFLEX' TAP SBR" 200 RD CS 090255807851 20 10 $ 265.40 82045 HORNADY 300 WIN MAG 178 GR ELD- MATCH TAP PRECISION- 200 RD CS 0902SS820454 20 10 $ 310.76 81215 HORNADY 300 PRC 22S GR ELD- MATCH TAP PRECISION* 200 RD CS 090255812152 20 10 $ 420.84 TAP° TRAINING'"" RIFLE AMMUNITION 80271 HORNADY 223 REM 55 GR FMJ TAP- TRAINING'" 500 RD CS 090255802719 50 10 $ 220.00 e 81278 HORNADY 5.56 NATO 55 GR FMJ TAP' TRAINING`" 500 RD CS 090255812787 50 10 $ 220.00 RIFLE/CARBINE AMMUNITION 91528 HORNADY 6.5 GRENOEL 123 GR ELD- MATCH BLACK'" 200 RD CS (190255815283 20 10 $ 219.70 80998M HORNADY 7.62MM 175 GR HPBT 200 RD CS 090255725599 20 10 $ 246.73 80787 HORNADY 7.6ZX39 255 GR SUB-X- 200 RD CS 090255807875 20 10 $ 246.73 823DO HORNADY 338 LAPUA MAG 285 GR ELD' MATCH 120 RD CS 090255823004 20 6 $ 602.26 82319 HORNADY 338 LAPUA MAG 300 GR HPST 120 RD CS 090255823196 20 6 $ 564.94 82246 HORNADY 450 BUSHMASTER 250 GR FTX- BLACK'" 200 RD CS 090255822465 20 10 $ 296.90 8270 HORNADY 50 BMG 750 GR A -MAX- 100 RD CS 090255382709 10 10 1 $ 719.92 TAP° SHOTGUN AMMUNITION 86245 HORNADY 12 GA FRANGIBLE 3/4 OZ SLUG TAP- ENTRY 100 RD CS 090255862454 5 20 $ 204.81 86265 HORNADY 12 GA TAP* REDUCED RECOM- 00 BUCK 100 RD CS 090255862652 10 10 $ 87.63 86285 HORNADY 12 GA TAP- FOSTER SLUG 1 OZ REDUCED RECOILTM 100 RD CS 090255862850 S 2D $ 14456 86275 HORNADY 12 GA TAP -LIGHT MAGNUM*00 BUCK 100 RD CS 090255862751 10 10 $ 102.40 86235 HORNADY 12 GA TAP* FOSTER SLUG 1 OZ LIGHT MAGNUM* 100 RD CS 090255862355 5 20 $ 155.78 *FET prices are estimates based offJobber and PO pricing. **Some Domestic LE Distributors are on a different program. Ask your Hornadt9hWMAtative for details. 24 4/4 C A R T R 1 O G E 2025 LAW ENFORCEMENT PRICING - SSD International FEATURING HORNADY MATCH- BULLETS REM # DESCRIPTION FRONTIER® 223 REM AMMUNITION FR100 HORNADY FRONTIER- 223 REM 55 GR FMJ 500 RD CS FR1015 HORNADY FRONTIER' 223 REM 55 GR FM1(ISO - ORIENTED) FR140 HORNADY FRONTIER' 223 REM 55 GR HOLLOW POINT MATCH" FR160 HORNADY FRONTIER' 223 REM 68 GR BTHP MATCH' FRONTIER® 5.56 NATO AMMUNITION FR200 HORNADY FRONTIER' 5.56 NATO 55 GR FMJ (XM193) $00 RD CS FR2015 HORNADY FRONTIER' 5.56 NATO 55 GR FMJ (XM193) (150 - ORIENTED) FR310 HORNADY FRONTIER' 5.56 NATO 68 GR BTHP MATCH" FR320 HORNADY FRONTIER' 5.56 NATO 75 GR BTHP MATCH" FRONTIER® 6.5 GRENDEL AMMUNITION FR700 HORNADY FRONTIER- 6.5 GRENDEL 123 GR FMI FRONTIER® 300 BLACKOUT AMMUNITION FR400 HORNADY FRONTIER' 300 BLACKOUT 125 GR FMJ 200 RD CS UPC 090255711264 090255712834 090255711349 090M711387 090255711394 0902SS712896 090255711608 090255711615 Agency BOX CARTON Price Per QTY QTY Case 20 25 $220.00 150 8 $593.91 20 25 $265.46 20 25 $296.67 20 25 $220.00 150 8 $583.91 20 25 $296.67 20 25 $322.73. 090255716368 20 10 $175.37 090255713978 20 10 $164.95 *FET prices are estimates based off Jobber and PO pricing. "Some Domestic LE Distributors are on a different program. Ask your Hornac!JMWe1 Mative for details. 25 1/1 125 1_AW FNFbRCFMFNT PRICING - SSD Internationz - PISTOL I REVOLVER (IMAGTECH CS aw Il6e MT�j, }$P(P�}9S]FJ)r]J/ )549�0383Nl10I ]V5081)0302I 50 20 I 5130.00 1 I)gp dd6633 I.uGii[H 385N 13 i1A1� I.UGf HQ sSW]30iM11000RDC3 )9<99616t113 ]5J9"]E0013 ]SiM IU102 )SIL43362N3 30 50 20 10 SC00 1000 3JBLL00 I 3399A0 I I41 MA6IECN JSACR230iM11000RDC6 )6<9]8139031 ]6J903161M2 50 20 SC00 SA)5.00 I 19A RIAGTECH 9WA 115 i1A11000 RD 0 ]5J903116016I 75J903162203 50 20 1000 5225.00 � 133 T175'.132111.1—RDC9 )SA9031Ml )61103362337 a 2n IC00 5229A0 I RZI MAGTECH -RIFLE 16664 M�G+TLCN 636Y.16 1I19355 i1A1p]OLCO{RD C] >3-2-313 16J9pB 10]3�6 LJ 20 IdN SI60.00 I 15563 FF}p..$y',� �3J5116%IJL F1 11Q ) wo3txe IAWTCH3W 4'I11111R]WN )5<9032209613 )SSL0320906 So 20 SCdJ S..4so 7 �3W3UCSUeq 3 j({ I[ (� FIU IIWO RD [6 )5<4032f066101 ]5J906210503 50 20 1000 5M5 I n63A YYY�� ii111 L1iGTECR).625 I. L!I�i I1C ii )SG9JB 201419 75 WS 2127DS 90 3 J00 33-07 I waR S -Mvt'a l5] F IMEN-EfttJ}r_&i4n]012.31-.UY-- St- IOTvm]C 4G.,S) 26 &I erenm� �Y2'-�t�®. SELLIER & BELLOT - PISTOL / REVOLVER 15B3a0A SELLIER& BELLOT380ACP92 GR FMJ 1000 RD CS 75490850055 7549085050:0 50 20 100 $410.00� 158408 SELLIER & BELLOT40 S&W 180 GR FMJ 100 RD CS 7 54906 5023 9 5��4�908 50523 4 50 20 100 .01 ISB45A SELLIER & BELLOT45 ACP 230 GR FMl 1000 RD CS 7 54908 5:5 3 77 %"08 20 10 q�5 00 1 ISB9A SELLIER & BELLOT9MM 115 GR FMJ 100 RD CS ISEWER& 7 54908 5008 6 L 7 549 SO5081 50 20 1001 $225.00 I ISM BELL0T9MM 124 GR FMJ 300 RD CS 7 54908 50043 7 7 54908 50543 2 50 20 1000 $225.00 1 SELLIER & BELLOT - RIFLE ISE556A 5.56X45 M193 55 FMJ 7 54908 51269 0 7 54908 517695 20 50 1100 $460.00 1 30 Blackout 124 FMJ 7 54908 51244 7 7 54908 51744 2 20 50 _ _ 1000 $850,00 iS83008LKA SB3006LK8 30 Blackout 147 FMJ 7 5490851245 4 7 54908 51745 9 20 50 1000 $850.00 ISB3008LKSUBA 30 Blackout Subsonic 200 FMJ 7 54908 51246 1 7 54908 51746 6 20 50 1000];50.00 1SB338LMA 338 Lapua MNP�SO HPBT 754908511747 7 54908 51674 2 10 30 100 375.00� ISS33BLMB 338 Lapua Mag 300 HPBT 7 54908 51215 7 7 54908 51715 2 10 10 10 $396.OD SELLIER & BELLOT - SHOTSHELLS IS1312BSG ISS 12GA BUCKSHOT2 3/4" 11/8 OZ#009 PELLET 250 RD CS 1 7 54908 53318 3 1 7 54908 53818 8 1 25 1 10 1 250 $140.001 2021 Price List - Magtech / Sellier Bellot / MEN - Effective; 6.14-21 to 12-31-21(Prices are Subject to Terms Conditions) 27 M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C DATE: 6/24/2025 REFERENCE **M&C 25- NO.: 0626 CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FORT WORTI1 35ADDITIONAL NON- EXCLUSIVE PURCHASE AGREEMENT M&C 24-0209 NO SUBJECT: (ALL) Authorize Execution of an Additional Non -Exclusive Purchase Agreement Under Mayor & Council Communication 24-0209 with SSD International Inc. to Provide Ammunition in the Previously Approved Annual Aggregate Amount Up to $1,530,000.00 for All Vendors with Four One -Year Renewal Options for the Police Department, Fire Department, and the City Marshal Division of the Municipal Court Department RECOMMENDATION: It is recommended that the City Council authorize execution of an additional non-exclusive purchase agreement under Mayor & Council Communication 24-0209 with SSD International Inc., to provide ammunition in the previously approved annual aggregate amount up to $1,530,000.00 for all vendors with four one-year renewal options for the Police Department, Fire Department, and the City Marshal Division of the Municipal Court Department. DISCUSSION: On March 19, 2024, City Council approved Mayor and Council Communication (M&C) 24-0209 authorizing execution of non-exclusive purchase agreements with multiple vendors. This M&C requests authorization of an additional non-exclusive purchase agreement with SSD International Inc., to provide ammunition along with the four other vendors previously approved under M&C 24-0209. After approval of this M&C, the list of non-exclusive ammunition providers will be: Clyde Armory, Inc.; Dana Safety Supply; Keisler Police Supply, Inc.; Z Bar Supply Company; and SSD International Inc. Approval of this M&C will not change the previously approved annual aggregate amount for all vendors, which is an amount up to $1,530,000.00. Approval of this M&C will not change the previously approved renewal options for all vendors, which consists of four one-year renewal options for the Police Department, Fire Department, and the City Marshal Division of the Municipal Court Department. Funding is budgeted in the General Operating & Maintenance category in the General Fund for the Police and Fire Department and in the Special Revenue MC Fund for the Municipal Court Department for the purpose of funding the Court Security Funds project, as appropriated. 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. DVIN: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by the Legal Department. Therefore, the business equity goal requirement is not applicable. AGREEMENT TERM: Upon City Council approval, the initial term of the SSD International Inc., agreement will become effective once executed by the Assistant City Manager and will expire March 31, 2026, with four one-year options to renew. RENEWAL OPTIONS: The agreements may be renewed for up to four (4) one-year renewal terms, at the City's option. This action does not require specific City Council approval provided that the City http://apps.cfwnet.org/council_packet/mc review.asp?ID=33487&councildate=6/24/2025 6/25/2025 M&C Review Page 2 of 2 Council has appropriated sufficient funds to satisfy the City's obligations during the renewal period. FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies funds are available in the current operating and capital budgets, as previously appropriated, in the General Fund for the Police and Fire Departments and Special Revenue MC Fund for the Court Security Funds project to support the approval of the above recommendation and execution of agreement. Prior to an expenditure being incurred, the Police, Fire, and Municipal Court Departments have the responsibility to validate the availability of funds. TO Fund Department Account Project I Program I Activity I Budget I Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID I I ID Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: Program Activity Budget Reference # Amount I Year I (Chartfield 2) William Johnson (5806) Robert A Alldredge (4131) Keith Morris (4243) ATTACHMENTS 35AMEND M&C 24-0209 NON-EXCLUSIVE PURCHASE AGREEMENT funds avail.docx, (CFW Internal) Approved Chaoter 252 ammunition vendors 2025.Ddf (Public) Approved Reauest for Waiver Business Eauitv Goal.Ddf (CFW Internal) FID Table Ammunition.XLSX (CFW Internal) Fort Worth 1295 SSD.Ddf (CFW Internal) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=33487&councildate=6/24/2025 6/25/2025