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HomeMy WebLinkAboutContract 63951CSC No. 63951 FORT WORTH., T. SOLE SOURCE AGREEMENT This SOLE SOURCE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and Teledyne FLIR Defense, Inc ("Vendor"), a Delaware Corporation and acting by and through its duly authorized representative, each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: The Agreement documents shall include the following: 1. This Vendor Services Agreement; 2. Exhibit A — Scope of Services; 3. Exhibit B — Price Schedule; 4. Exhibit C — Sole Source Justification Letter 5. Exhibit D — Verification of Signature Authority Form. Exhibits A, B, C, and D which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, C, or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Provide repair and maintenance support services for FLIR Radiation Detection products. ("Services"), which are set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on July 1, 2025("Effective Date") and expires on June 30, 2026 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term").Pricing will be updated annually in writing. 3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement, including Exhibit "B," which is attached hereto and incorporated herein for all purposes. Total compensation under this Agreement will not exceed one hundred thousand dollars ($100,000.00). Vendor will not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City will not be liable for any additional expenses of Vendor not specified by this Agreement unless City first approves such expenses in writing. OFFICIAL RECORD 4. Termination. CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 1 of 30 4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement will terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to the effective date of termination and Vendor will continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Vendor will provide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Vendor has received access to City Information or data as a requirement to perform services hereunder, Vendor will return all City provided data to City in a machine-readable format or other format deemed acceptable to City. 5. Disclosure of Conflicts and Confidential Information. 5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full disclosure in writing of any existing or potential conflicts of interest related to Vendor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing. 5.2 Confidential Information. Vendor, for itself and its officers, agents and employees, agrees that it will treat all information provided to it by City ("City Information") as confidential and will not disclose any such information to a third party without the prior written approval of City. 5.3 Public Information Act. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Vendor must notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event, Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and will fully cooperate with City to protect such City Information from further unauthorized disclosure. 6. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after final payment under this Agreement, 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, Vendor Services Agreement Page 2 of 30 papers and records, including, but not limited to, all electronic records, of Vendor involving transactions relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City will give Vendor reasonable advance notice of intended audits. 7. Indenendent Contractor. It is expressly understood and agreed that Vendor will operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents, employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers, agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors. Liabilitv and Indemnification. 8.1 LIABILITY - VENDOR WILL 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 VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. VENDOR'S TOTAL LIABILITY TO BUYER ARISING FROM OR RELATED TO CITY'S ORDER, INCLUDING, BUT NOT LIMITED TO, ITS LIABILITYFOR INDEMNITY, DEFENSE, AND HOLD HARMLESS OBLIGATIONS, IS LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY CITY TO VENDOR UNDER CITY'S ORDER, OR (II) $10,000,000 USD. 8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, 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 EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO VENDOR'S BUSINESS, AND ANY RESULTING LOST PROFITS) PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF VENDOR, ITS OFFICERS, AGENTS, SUBCONTRACTORS, SERVANTS OR EMPLOYEES. Vendor Services Agreement Page 3 of 30 8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay will not apply if City modifies or misuses the software and/or documentation. So long as Vendor bears the cost and expense of payment for claims or actions against City pursuant to this section, Vendor will have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, City will have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City will 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, Vendor will fully participate and cooperate with City in defense of such claim or action. City agrees to give Vendor timely written notice of any such claim or action, with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not eliminate Vendor's duty to indemnify City 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, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for City 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 City's authorized 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 City; or (d) if none of the foregoing alternatives is reasonably available to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City, subsequent to which termination City may seek any and all remedies available to City under law. 9. Assienment and Subcontracting. 9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of City. If City grants consent to an assignment, the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 9.2 Subcontract. Reserved 10. Insurance. Vendor must provide City with certificate(s) of insurance documenting policies of the following types and minimum coverage limits that are to be in effect prior to commencement of any Services pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability: Vendor Services Agreement Page 4 of 30 $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non -owned. i. Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are 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 ii. 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 a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims -made and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 10.2 General Reauirements (a) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (b) 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. Vendor Services Agreement Page 5 of 30 (c) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (d) Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 11. ComDliance with Laws. Ordinances. Rules and Regulations. Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will 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 VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 13. Notices. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: William Johnson, Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102-6314 Facsimile: (817) 392-8654 With copy to Fort Worth City Attorney's Office at same address To VENDOR: Teledyne FLIR Defense, Inc Nicholas Wyatt 100 Midland Road Oak Ridge, TN 37830 14. Solicitation of Emnlovees. Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. Vendor Services Agreement Page 6 of 30 15. Governmental Powers. It is understood and agreed that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. Governing Law / Venue. This Agreement will be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively, "Force Majeure Event"). 20. Headings not Controlling. Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. Review of Counsel. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or Exhibits A, B, and C. 22. Amendments / Modifications / Extensions. No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 23. Counterparts. This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 24. Warranty of Services. Vendor warrants that its services will be of a high quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner Vendor Services Agreement Page 7 of 30 that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming services. 25. Immigration Nationalitv Act. Vendor must verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 26. Ownership of Work Product. Vendor reserves all rights, title, and interest in and to any materials produced by Vendor, including, without limitation, all patent rights, copyrights, trademarks, trade secrets, and all other intellectual property rights. City shall not acquire any rights, title, or interest, express or implied, in any solutions or service produced by Vendor unless specified in this agreement. 27. Signature Authoritv. The person signing this Agreement hereby warrants that they have the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 28. Change in Companv Name or Ownership. Vendor must notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. 29. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 30. Prohibition on Bovcotting Energv Companies. Vendor acknowledges that, in accordance with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City 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. The terms "boycott energy company" and "company" have the meaning ascribed to those terms Vendor Services Agreement Page 8 of 30 by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City 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. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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. 32. Electronic Signatures. This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. 33. Entirety of Agreement. This Agreement, including all attachments and exhibits, contains the entire understanding and agreement between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Vendor Services Agreement Page 9 of 30 IN WITNESS WHEREOF the parties hereto have executed this Agreement in multiples. CITY OF FORT WORTH: By: / Name: William Johnson Title: Assistant City Manager Date: Sep 15, 2025 APPROVAL RECOMMENDED: Jamee�8:45:04 CDT) By: Name: James Davis Title: Fire Chief ATTEST: A ..ems By: Name: Jannette Goodall Title: City Secretary VENDOR: Teledyne FLIR Defense, Inc By: �1 Name: Jay Bhanot Title: Director, Teledyne FUR Defense Contracts Date: 2025 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: AW Name: Brenda Ray Title: Purchasing Manager - Fire APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Form 1295: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 30 EXHIBIT A SCOPE OF SERVICE Vendor shall provide the following services on an as needed basis to Fort Worth to maintain city owned FLIR gas detection equipment (See Exhibit B Pricing for a thorough description of services on each model.) • Full evaluation of product, parts and accessories • Software/firmware update to the latest approved revision level • Replacement of internal backup battery (applicable with only older generation identiFINDER's) • Replacement of rechargeable batteries • Optimization of LED for optimal identification results throughout the complete temperature range (only applicable with Ultra models) • Adjustment of device parameters, calibration and renewal of background spectrum of internal Cs-137 source for optimal identification results (only applicable with models with intrinsic source) • Optimization of linearity for optimal identification results • Optimization of gamma dose rate • Optimization of neutron count rate (only applicable with neutron models) • Check internal Cs-137 calibration source for containment integrity • Quality control of instruments and accessories to ensure that they meet manufacturer's specifications. • Annual PM Kit Vendor Services Agreement Page 11 of 30 EXHIBIT B PRICE SCHEDULE 025 Service Repair Prating (US KIRSP) Effective: Jan a 1. 2025 All Prices in UQ Dose Rate Calibration Certification ' Full eval uation of product CAL idF R100 * Software/Firmware upgrade to latest approved revision level 309.23 * Qffical calibration certification of the dose rate * Quality mfLtrol of instrument GM Tube Replacement DET idF R100 *Example why detector replacement maybe necessary; no counts due to defective $ 496-4S deteaw Electronic Repair- Minor REPAIR idF R100 A 5 424.73 * Replacement of housing assembly, display, and other manor repairs Ele€trorkic Repair- Major REP#43R idF R10L� [1 � 793.23 ' Replacement of P CBA R 225 D ET LaBr3 ' Futl evaluation of product Softymre}Firmware upgrade to Eatest approved revision level Optimization of Eirkear" for optimal identification results ' GMdal dose rate calibration {includes Certificate of Calibration) ' Quality control of instrument CA detector RepEacement (includes SiPM s) * Example whV detector replacerent may foe necessary; no Counts due to defective S detector La8r3 DetettorI FPGA Assembly Replacement * Examples why detector replacement may be rFecessary m no cDunts due to 5 2,675JOEJ defective detector, poor detector re ,tALMon resulting in poor Werrtrfxation results or misidentifications Electronic Repair - Minor REPAIR idF R20DA *Examples why repair sepAces maybe necessary; Repracecient of BT PCBA., display, 5 573.52 display PCBA REPAIR idF R200 B Electronic Repair - Ma}ar 1 13_38 • Replacement or main PCBA BATT idF 112M Battery Replacement $ 187.25 Replaoernent of leathery Vendor Services Agreement Page 12 of 30 OPT idF RMG REF CZT idf R300- R300 Neutron ZnS HLS idF R300 REPAIR idF R3W Optimization * Full evaluation of product, parts and accessories * Saftware/Firrnwareupgrade to Iatestapproved revision level * Replacement of internal rechargeable battery * Optimization of i0 €rystaIfor optimal identification results * Optimization of 2x gamma dose rate detectors Optimization of neutron count we for optimal sensitNrty (i=f applicable) Quality control of instrument a red acressor3es to ensure that they me et manufacturer's specifications Detector Replacement • Examples why detector replacement may be n ecessary; no counts due to defective detector, poor detector resolution rem Iting in poor identification results or misidentifications ZnS panel Replacement * Examples why ZnS panel replacennent may be necessary; He bac kground neutron count rate when no source is present, no counts when source is present He3 idF R3W • Examples why He3 tube replacement may be necessa ry; High background neutron count rate when no source is present, no counts when sou rce is present Electronic Repair • Examples why repair services may be necessary; Any type of defectthat requires comaonent level revs it services or reolaeement of PCIBA's $ z.942.50 5 2,075.66 $ 2,305_B5 $ 2,150.70 Vendor Services Agreement Page 13 of 30 • Full evaluation of product, parts and accessories ' Soitw re/firrrrrrare update to the latest approved revision l evel ' Replacement of internal backup battery (applicable Mttt only older generation identifl N DER's j ' Replacement of rechargeable batteries • Optimization of LED for optimal identifrtation results throughout the complete temperature range Ionly applicable with Ultra models) APT idF R4E14 A ' Adjustment of device parametersr calibration and rene wal of background $ 855.00 spectrum of internal Cs-137 source for optimal identification results (only applicable with models with intrinsic source) ' Optimization of linearityfor optimal identification results • Optimization of gamma dose rate ' Optim cation of neutron count rate (only applicable with neutron models) ' Check internal Cs-1S7 calibration source for containment integrity • Quality control of instrument and accessories to ensure that they meet manufacturer's specifications ' Ful I evaluation of product, parts and accessories ' '.Df are firmware update to the latest approved revision I evel ' Replacement of internal backup battery (applicable Mttt only older generation identiFINDER's) *Replacement of underwater seals (underwater models only) ' Replacement of rechargeable batteries • Optim ization of LED for optimal identification results throughout the complete temperature range fonly applicable with Ultra models) OPT idF R400 B • Adjustment of device parametersr calibration and renewal of background 5 1,385.65 spectrum of internal Cs-137 source for optimal identification results (only applicable with models with intrinsic source) ' Dptimization of linearity for optimal Identification results • Dptim ization of gamma dose rate ' Optimization of neutron count rate (only applicablewitft neutron models) • Check internaI Cs-137 calibration source for containme t integrity ' Quality control of instrument and accessories to ensure that they meet ' ir... lIF�r-i_:S> t' tier._ San tillatian Detector Replacement ' Examples why detector replacement may be necessary; no rounts due to dfT Nal OF R-04D A $ 2,402.15 defective detector, poor detector resolution resulting in poor identification results or msiderttificatmns Vendor Services Agreement Page 14 of 30 Sdntilation Detector Replarement(Ultra Models) DfTNaI OF R400 � ' Examples why detector replacement may ben ecessary; no rounts due to $ 2,749-30 defecdwe detector, poor detector resolution resulting in poor identifrcation results or m9sidentifxations Scintillatban Detector Replacement (Standard Tungsten Shielded Models} DET NaJ-T idF R4UR Examples why detector replacement may be rier:essary; no counts doe to $ 3, 2J34.94 defective detector, poor detector resolution resulting in poor identification results or misidentifications Sdntiliation Detector Replacement (Underwater Mode Is) 0ET C,fai idF A400 C Examples why detector replacement may be necessary; no counts due to S 2fi08.66 deflective detector, poor detector resdrrtion resulting iri poor identification results or misidentifications Scintillation Detector Replarement (LaBR3 Models} DETEaBr3 idF R400 ' Examples why detector replacement may be neressary; no rDunts due to $ 11,235.00 defective detector, poor detector resolution resulting in poor ideritifrcation results or rnisldentiflwddons Neutron Tube Replacement 1 e3 idF R400 ' Examples why He3 tube replacement may be necessary; High background neutron $ 2,391.45 count rate when no source is present no counts when source is present Electronk Repair - Minor REPAIR idF R400 A * Examples why minor repair servkes may be necessary; Defective LED module. S 1,396.95 defective display module, defective power pcba Electronic Repo i r - Major • Examples why major repairservices may be necessary, Any t�'pe of defect on the REPAJRidF R4009 S 2,316.56 ma in pcba that req uires component revel repair serwicPs, rornpon ent level repair or replacement of LEI) pulse circuitry Replacement of Main Dectronic Board Assembly R EPA IA idF R40G C ' €xamp les why ma i n pcba repl are ment may be necessary; Short in PC BA, open $ 5,136.00 circu it in PCBA, component level troubleshooting u nsuccessful. HOUSING WF R400 A Housing Replacement 2,739.J36 • Replacement of main housing assembly HOUSMG idf R400 B Housing Replacement (Underwater Model) 4,412.5 _ •"placement of main housing assembly — 101802 Lens Replacement $ 264-24 Vendor Services Agreement Page 15 of 30 " Fuil evaluation of product, parts and mressones Software ffirmwa re update to ttre latest approved revision Eevel ' Optimization of linearity for optimal identification results R425 O PIT ' Optim ization of gam ma dose rape $ 856LOO ' Optim ixation of neutron count rate (only appli€a bEe with neutron models} * Quality control of instrument and accessoriesto ensure that they meet mantifaeri �rnr'�clrarifi F Scintillation Detecbx Assernbiy Replacetnern ' Examples why detector replacement may be n ecemary; no counts due to R4Z5 [}Ef defective detector, poor detector resolution resulting in poor identifrcatio n resuhs '' 136.00 or misidentifications LaBr3 DeteCtOr f FPGA Assembly Replacement R425 DFE LaBr3 " Examples why detector replacement may be n ecessary; no counts due to 2' defective detector, poor detector resolution resulting in poor identification results or misidentifications Scintillation Detector Rework " Examples why detector replacement may be necessary; no counts due to R425 DE-f REWORK defective detector, poor detector resolution resulting in poor identificatio n results 2,642-90 or misidentifications. Rework original detector- includes materialsanal labor. R425 REPAIR A FPGA PCE3A Replacement $ 1,979.50 Neutron Sensor Replacement (Single Panel) R425 Neutron inS * Examples why Neutron tube replacement may be necessary; Hoi background $ 2,011-60 neutron count rate when na source is presentr no counts when source is present R425 REPAIR S Main PCI3A Replacement 5 1,5%-35 Minor Repairs R425 REPAIR C. ' Examples why minor repair services may be necessary; CPU SOM replacement, $ ]�99.65 Display replacement, Component level troubleshooting, etc Includes materials and labor- R425 HOLMRiG Housing Assembly Replacement 5 1,064-65 R425 BATT E3attery Replacement $ 325-35 ' ReoacEmant of 2x internal rechargeable EithiuM hatUfflPc Vendor Services Agreement Page 16 of 30 ' Full evaluation of produrt, parts and accessories ' So#tware/firmwa re tj pdate to the latest approved revision level * Optimization of linearity for optimal Edentification remits OPT R440 ' Optimization of gamma dose rate S 909.50 ' Optimization of neutron count rate (only applicable with neutron models) * Quality control of instrument and accessonesto ensure that they meet MFmLjfarntrrr's Teri mtion� Detector Replacement DEf R4446 * Examples wily detector replacement may be necessary; no counts due to 4.922_00 defective detector, poor detector resolution resulting in poor identifrcation results or misidentifFcations NalL Detector Replacement DET R440�N * Examples why detector replacement may be necessary; no counts due to 7,918.01) defective detector, poor detector resolution resulting in poor identification results or misidentlftcatlons LaBr3 DetectorReplacemeni a ETR444LGi4 * Examples why detector replacement may ben ecessary; nD counts due to $ 14,659.{}0 defective detector, paar detector resolution resulting in poor identification results or misidentifications CLLBC Detector Replacement DIET R494CLLBC * Examples why detector replacement may be necessary; no counts due to 13' 375.E defective detector, poor detector resolution resulting in poor identification results or misidentifFcations Neutron Sensor Replarement REPAIR R440 D ' Examples why Neutron tube replacement may be necessary; Higb background 2,648-25 neutron count rate when no source is preseflt, no counts when source is present REPAER idf R44014 Electronic Repai r 2`185.15 * Component Level Troubleshooting REPAIR idF R44015 Replacement of Detector Board Assembly {[Does NOT include Detector] $ 1,615.70 REPAII3idFR440C Replacement of CPU {TrizepsAssembly 3,750.35 Vendor Services Agreement Page 17 of 30 • F utl evaluation of product, parts and accessories ' Software/firmware update to the latest approved revision level ' RepJacernent of rechargeable batteries ' Adjustment of device parameters, calibration and renewal of bad%mund spectrum of intemar {s-137 source for optimal identification results (only applica bra OPT idF R500 with models with intrinsic source $ 936.75 • Optimization of linearity for optirnaI identification results • Optimization of gamma dose rate • Optimization of neutron count rate (only applicable with neutron models) • Check internal Cs-137 calibration source fear containment integrity • Quality control of instrument a nd accessories to ensure that they meet Ma1ccations ' Examples why detector replacement may be necessary; no counts due to 4,350-25 dleiecrnre detector, poor detector resolution resu Iting in poor identification results or misidentifications La$r3 DetectorE2ep(acemerrt DET LaB�3 toll J 5Q0 * Examples why detector replacement may be necessary; nn counts due to 11'b63. DD defective detector, poor detector re-gAtition resulting in poor identification results or misidentifications Neutron Tube Replacement He3 idF R5DD • Examples why He3 tube replacement maybe necessary; High background neutron 4,f)49.35 count rate when no source is presents no counts when source is present Electronic Repai r REPAIR idF RSfld E amples why repair services may be necessary, Any twpe of defect that requires 2,461-90 cormimnent level repair services or replacement of KBA's Vendor Services Agreement Page 18 of 30 Optimization * Full evaluation of product, parts and accessories * Software/firmware update to ttie latest approved revision level R700 OPT * Optim ization of linearity for optimal identification results S I'ML85 * Optimization of garn ma dose rate * Optimacrbon of neutron count rate * Quality control of instrument and accessories to ensure that they meet rna•nufacwre s specif cations Nall- Detectrr Replacement 9700 t' ML DET * Examples why detector replacement may be necessary; no rounts duets 17,697.BO defective detector, poor detector resolution resulting in poor identification resutts or misidentifications i wrkor Repairs R700 REPAIR A * Examples why minor repair services may t}e necessary; Component level $ 1,744.10 troubleshooting. Mclodes materials and labor- R700 REPAIR 3 Replacement of Detector Board Assembly {Does NOT include detector) $ 1,857.15 R700 REPAIR C Replacement of CPU / Trizeps A5sernb4y $ 4,{i92-75 R700 UPPER HOUSNG Replacement of Upper Hopsing Assembiy R700 LOWER HOUSNG Replacement of Lower Housing Assembly $ 583-15 X -40 Vendor Services Agreement Page 19 of 30 City Secretary Contract No. rAF'CUI1C FCC y1 1IXlJfl • Guararltersd maximum 3 days service_ EVAL FEE Evaluation Fee 42S_00 • Evaluation fee is only app4mble if repairf ma i ntena n€e selvlCer a re dechned €]kSP05ALFEE Disposal Fee $5150 Dimmsal of instrument FR-01-A • Includes PreventativeNlaintenance �Part NumberFR-04-Aj $ 1,353.55 • Repair of single System component ( LED, Diode. Pump. Heater. etQ Moderate Service FR-02,A * Includes Preventative Maintenance ( Part Number FR-04-A) $ 2,W8.75 * Rf3air of two system component ( LED, diode, Pump, Heater, etc_} Major Service FR-03-A • Includes Preventative Maintenance �Part Number FR-04-A) $ 5,633.55 • Repair of three or more system component {LED, Diode, Pump, Heater, etE-j Vendor Services Agreement 4� Optimization * Full evaluation of product * Softwareffirmware update to the latest approved revision kevel * Optimization of gamma dose rate * Optimization of neutron count rate {if applicable * Optimization of linearity for optimal identification results OPT DU S 1,177.00 * Optimization of LED for optimal identi'Fcabon. results throughout the complete temperature range (if applicable) * Replacement of brass screws for external power (if applica bI e) * Replacement of thermal foam {x2) pf n 1034579 * Qualitycontrol of product and accessories to ensure that they meet manufacturers specifications Optimization [416Seriesj * Full evaluation of product * Soft-yvareffirmwareupdate tothelatest approved revision level * Optimization of gamma dose rate * Optimization of neutron count rate {if applicable} OPT DU 416 * Optimization of rint:arity for optimal identffication results S 1,561.5� * Optimization of LED for optimal identification results tbroughout the complete temperature range {if applicable) * Replacement of brass screws for external power (if appli€a bI e ) * Replacement of thermal loam {x2) p jn liB674 * Quality control cf product and accessories to ensure that they meet manufacturers specifications NaICH) Deter Replacement — DET Nal DI-1 A * Examples why detector replacement may be necessary; ro counts due to 3'S31 defective detector, poor detector resolution re suiting in poor identification results _l}D :or misidentifications Nalijl) Detecwr Replacement (2 x 4 x 16 Inch) DET Nal € U B * Examples why detector replacement may be necessary; ria counts due to � 19,260-CO defective detector, poor detector resolution resulting in poor identification. resul5 or misidentifications Neutron Tube Replacement He3 DU A * Examples why He3 tube reptacernent may be necessary; He background neutron S 4,654.50 count raze when na source is present, no counts when source is present Neutron Tube Replacement �416 Series) He3 IDU B * Examples why He3 tribe replacement maybe necessary; lie traci�groufid neutron $ 4,654.54) count rate when no source is preserar no €ounts when source is present Electronic Repair REPAIR DU A * Examples why repair semices may be necessary; Any type of defect that requires S 2,701.75 component lever repair sen+Kes or replacement of PCBA's Electronic Repair (469 Series) REPAIR DU B * Examples why fepairservices may be necessary; Any type of defect that requires S 3,143.66 component level repair services or replacement of PCBA's Electronic Repair (416 Series] REPAIR DU C * Examples why, repair services may, be necessary; Any type of defect that requires S 4,247.90 mrimx rent level repair services or reyiaeement of PCBA's Vendor Services Agreement Page 28 of 30 MAC Calibration and Preventative Maintenance The 18AC Calibration and Annual PM is the maintenance required to ensure that the f9AC meets original standards and indudes the fol lowing: IBAC Calibration Air flaw check 1,070-00 • Optics cleaning • Laser power check • Aerosol calibration • Calibration IBAC Carer Laser Replacement • I]iagnosdesr replacement and alignment of Laser Diode and testing to ensure it 5 4,012.50 Replacement meets original standards- tlptic Cell ReplacemerA IBAC Optic Cell • Diagnostics, replacement and alignment of Laser Diode and Optical Assembly, and � 10,5,32.30 Replacement testing to ensure it meets original standards- Includes Optic Celi New PEv1T t502 — — 31oo ) — —. Pump Repair * DiagrnDs tics, replacement and alignment of Lases• Node and Optical Assembly, JEiAC Pump Repair 1.251.90 and testing to ensure it meets original standards -Includes- Sample pump {Z1213M _ Circuk Board Repair Major IRAC Major Repair • Diagnostirs, replacement/extensive re pa it of PCB and testing to ensure it meets ,J389.00 nal standards_ IBACMinorRepair ! Circuit Board Repair Minor 1,048-60 •Diagnastics.PCB repairartdtest to- en sure it meetsorr rnalstandards- PMTf Detector I BAC PMT Detector • Diagnostics, replacernent of PMT Bete rtor and testing to ensure it meets origin a I $ 2,247.00 standards, Includes_PMi Flourensence.Ph4Dxpn Cnt �Of-�{51 - Paver Supply IBAC Power Supply * Diagmstii s, replacement of Internal Pm er Supply and testing to ensure it meets $ 797-15 — or�gpnak 5ndard— _ HEPA Fitter Assembly Replacement IBAC HEPA Filter * Diagnostics, replacement of Hepa fitter and testing to ensure it meets original $ 818-55 Replacement i standards- IBAC 1=valuation Fee IBAC Evaluation Fee $ 1,103.17 * Evaluatbn tee is only applicable if repairf maintenance services are declined- IE3ACReiraLeSup porr IBACRemote Support $ 617-39 1BAC Cal Station IBACCalibrator PM/Cal S 2'74fi 69 Calibration • Perform PM and semiannual calibration Vendor Services Agreement Page 28 of 30 � � I The Annual FIM is the rnxaintenan€e required to ensure that the G510 meets original standards and includes the following {parts and labor}: * IGt Maintenance and Tool Kit 400/4501460 * Service parts G450 Paris X it (241-005-0033) * Service Parts G404 Paris X it 1241-005-0036) 40GANNUALPM * Spare Raft Kiz Custom (241-005-0037) 5 13,817-98 *Annual PM Kit G400/G450 {241-005-0038M * GC Maintenance Kit G400 Series (241-005-0040) * Smire Kit Ann uaI Hydrogen Gen PH2O0 (241-005-0041) * Spares Ki# Auto Sampler (241-005-0042) * Annual PM Kit G460 41-005-0Mj * Griffin G460 Wre-Serial SWI Parts Kit ! 241-005-00441 Injector Maintenance G4XX Injector Maintenance * Diagnostics, €leaning and testing to ensure it meets original standards. Indudes= S 599.20 1 njector Maintenan€e kit (241-005-0040j Rough Pump Replacement G4XX Rough Purnp *Diagnostics, replacement of pfeiffer rough -pump and testing to ensure it meets $ 4,473-67 Replarernent o_ rional standards_ In€Dudes= Pfeiffer Rough Pump (450-001-0023) Turbo Pump Replacement G4XX Tuba Pump *ent Diagnostics, replacement of pfeiffer turbo pump and testing to ensure it meets S 11,107- 7 Replacem original standards, Includes: Pfeiffer Rough Aurnp (450-001-0042} I on Tra p Ma intena nce G4XX Ion Trap *Diagnostics, deaning/service of ion trap and testing to ensure it meets original $ 1,235-85 Maintenance standards_ Circuit Board Repair Major G4XX Repair Major * diagnostics, repla€emenybaensive repairs to major circuit boards and testing to 3,544.91 ensure it meets orkinal smndw&d Indudes: Inlet Comrollef gaand (303-001-0U8S) Circuit Board Oepair -Minor G4XX Repair Minor * Diagnostics, repiaEement/minor repairs and testingto ensure it meets original $ 1 765-50 standards_ Includes: Power Switch PC$A (303-045-0050) G4,U Detector Detector Assembly Replacement Assembly * Diagnostics, replacement of DexectorAmembly and testing to ensure it meets $ 4,022.1.9 Replacement orional standard's_ Includes: Detector Assembly (201-013-0176) Ana"calColumn Replacement 04Aflalytical GX Diagnostics, replarement of GC Column Assembly and testing to ensure it meets 8,027.14 CoJre Replacement' nrkonar standards Includes: GC Column Assembly Kit 1201-015-0015, 241-005-OW) 64XX Remote Support, Remote Support $ 615.25 G4XX Evaluation Fee G41f}f Evaluation Fee $ 1 Ma 17 * Evaluation fee is anly applicable if repairJrna kenanceservicm are declined Vendor Services Agreement Page 28 of 30 The Annual PM is the ma intena rice required to ensure that the G510 m eets original standards and includes the fallowing (parts and labor)-. * Injector Maintename Kit 1241-W5-0072) * Injector Septum (2) * Injector Split Liner * Spa Liner 0-ring * 2 Weldment Q-ring 500ANNUAk.PM * Source Cleaning (201-032-0008) $ 5.995.00 ' MIMS Disk Assembly (201-028-CO37) " MIMS Disk Cr-Ring (241-024-D027) * Calibrant Refill (490-001-0DOr] * Guard In (202-032-0002) * Injector Ferrule (431-091-0DD6} * 2 Column Ferrules (431-091-DO16) * Pr€aon Assembly {201-032-0321) * FjIamenti460-M-CQ241 G5XX Main Computer G5XX Main Computer ftlacement Replacement ' Replacement of G510 S4M (303-001-02581 3,845.99 G5XX pIC Board WC PCBA Replacement * Diagnostics, replacement of PCBA and testing to ensure it meets original $ 1,444.50 Replacement* indudes: ulry PCBA (343-041-0245) G5XX Probe Board Probe PCBA Rep€acement * Diagnostics, replacement of PC$A and testing to ensure it meets original $ 1r027.2C Replacement* Includes: Probe PCBA (303-Wl-0256) G5,XX Turbo Board Turbo PCBA Replacement * Diagnostics, replacement of PCBA and testing to ensure it meets original $ 1,032-55 t3eptatement standards_ Includes: Turbo PCBA 303-Odi-0252j G5XX RF Board RF PCBA Feedthru Replacement * Diagnostics, replacement of PCBA and testing to ensure it meets original $ 2,856-90 Jiephafement standards Includes: RF PCBA Feedthru 4303-001-02441 G5XX µPWR Board µPWR PCBA Replacement * Diagnostics, replacement of PCBA and testing t o ensure it meets original $ 2, 53O.55 Replacement* Includes: Pawer PCBA 4303-001-G212j G5XX pEC Board µfC PCBA Replacement * Diagnostics, repiacement of PCBA and testing to ensure it meets original $ 3,077.32 Replacement standards. Includes: gECPt;BA (303-001-0224} G5XX I nj mor InjecmorReplacement Diagnostics, replacement of I njector assembly and testing to ensure it meets $ 4,277.96 Replacement original standards_ Includes= Injector AssembN [kit # 201-032-0255j G5XX Sample Probe Sample Probe and Line Replacement *Diagnostics, reQlacernent of sample probe/nine and testing tD ensure it meets 5 2,578.70 Jiephacerrient original, sta ndards_ I n€hides= (kit # 201-032-0322) G5xx Minor Repair G 5XX Mmor Pepak ' Diagnostics, minor repairs and testing to ensure the G510 meets original $ 2,102.55 standards, Vendor Services Agreement Page 28 of 30 EXHIBIT C SOLE SOURCE EXEMPTION FORM FORT Wbf R. CrrY OF FORT WORTH C'H_UYTE.R ?:? EXENHYnON FORM Instructions: Fill out the entire form Writh detailed information- Office you have completed this form_ provide it to the Purchaaing attorney for review. The attorney uriill re'6 iew the informatim you have provided to detem ne whether an exemption to Chapter -52's biding requirements is defensible_ If you are printing this form to provide to Legal, please donor provide thi- Pruner portion. Failure to provide sufficient information may result in follon, up questions and cause a delay in the attorney's d'eterminatian_ Section 1: General ra€armatiou liestmgDepartment: FIRE Name of Contract Maaager- BRENDA RAY De-partment's Attorney- TAYLOR PANS Item or Service sought: SERVICES Goo&: ❑ Ser61ee- El Anticipated Amount: $ 100.0-00.00 Vendor: Teledyne FUR Defense- Inc_ C'urtrnt-Trior Agreement fcr ite m-sen,ice: Yes NG Ej CSC or F-ircb.ase Order 9: PSIS 0533 Amouuit $ 50' . 000.0 0 Projected Nf&C Dare: [ENT SERT DATE OR N!A] Flow urill this item or service be used? Repair of Radiation Detection Equipment for Fire Dept Hazardous Material Handling Has your department started a requisition or other a contacted the Tbmdiasiaff Division related to obtaining this good.rsen.-ice? Yes ❑ No E9 If ykes_ please pro�,ide requisition number or brief explanation of contact with Purchasing Di-.ision_ NIA Fagc I c-5 Vendor Services Agreement _ Page 28 of 30 Section 2: Claimed Ememption and dustifi€ation {0tber tuan sole source} NOTE - For a claimed sole -source exemption_ only complete Section 3_ Please indicate the non -sole -source exemption y-on believe applies to the purchase and provide informatian to support its applicability_ Please refer to the Exemption Primer for detailed infbfmation about co+ m.,-+, exemptions= ❑ A procurement aecessary to presen-e or pfooect the public health ar safety of the City of Fort Worth-s residents; ❑ A procurement necessary because of unforeseen damage to public machinery, equipment_ or other property ❑ A procunmimt for personal professional, or planning wnices; ❑ A procurement for work that is performed and paid for by the day as the work pro-gresses: ❑ A purchase of land or a right -of --way, ❑ Paving drainage_ street wideniup_ and other public improvememts_ or refaced matter. if at least one -thud of the cost is to be paid by or through special assessments Inied ou pmPerry that will. beneff t from the improvements; ❑ A public improwmen# project_ already in proyss, authorized by the voters of the municipality, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters; ❑ A payment under a €ontract by which a developer participates in the conAnution of a public improvement as provided by Subchaptef C_ Chapter 212; El Personal property sold: • at an auction by a state licensed auctioneer: • at a going out of business sale held in compliance with Subchapter F, Chapter 17-Business & Commerce Code; • by a political snbdivisioa of this stage_ a state agency of this state, or an entity ofthe federal goven mrut; or • under an interlocal contract for cooperative purchasing administered by a regional planning c[mim; csicn established under Chapter 39I ; ❑ Smices peTkt med by blind or sev erely disabled persons-, ❑ Goods purchased by a municipality for subsequent retail sale by the muaicipality= Paget of6 Vendor Services Agreement Page 29 of 30 ❑ Elect icityr or ❑ Advertising, other than legal notices_ Please provide details and facts to explain why you believe the exemption applies to the purchase_ You may also attach documentation to this farm_ -'hick or tap hereto enter text Section 3: Claimed Sole-S-ource Exemption and Justification NOTE - For any non -sole -source exemption_ complete Section 2_ Please indicate the sole -source exemption you believe applies to the purchase and provide information to support its applicability_ please refer to the Exemption Printer far detailed information about common exemptions N *A procuremml of items that are assailable from only one source, including: • items that are available from only one source because of patents, copyrigbts_ secret processes_ or natural monopolies; f films_ manuscripts.- or books: gas_ water- and other utility services; * captive replacement parts or components fur equipment; • books_ papers_ and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials: and • management services provided by a nonprofit organization to a municipal museuvL park_ zoo_ or other facility to which the organization has provided significant financial or other benefits; How did you determine that the item or service is only available from one source? Researchecd the W-eb and checked with OEM on authorized rewdr centers_ Attach screenshots and provide an explanation of any independent research you conducted_ throixgh internet searches. searching cooperatives. or discussions with others kna ledgeable on the subject matter that corroborate that the itein is available only from a single source_ N`'A Did you attach a sale source justification letter? M Yes ❑ Ni o Describe the uniqueness of the item or service (e.g. compatibility or patent issues. etc.). Teledyne FLr Detection is the only company with the intellectual property rights to repair the identiF DER (including'-wIGH_ UL-N H and LTW-N H models),1 00.13 }_ R400 (including Vendor Services Agreement Page 31 of 30 N H, UL-NGli and UW-NGH models), R425, R4 , RSO4, R700, IBAC (Bio-aemsol monitoring and sampling device). IBAC-2 (B io-aerosol monitoring and sampling del ice) and Griffin G510 (CM)_ Section 4: Attorne'- Determination With the facts provided by the depar=ent_ is the use of the claimed exemption defensible if the City were to be challenged on this purchase? Myes ❑No. Was there anything attached to this form that was relied on in making this d ;n ticn'x Myes ❑No_ If yes_ please explain:Letter from Vendor dated 4, &25 describing proprietary nature of product and repair services_ Was there anydking not included on this form or attached hereto that was relied on in making this determinations ::]yes CNo. If yes, please explain_diz:k or tap here tia enter text Will the standard terms and conditions apply'? Will the contract require special tenEs7 Will the contract require review by the department attorney`' ?ippro--ed By - Jm9ny Anato-Mensah f Jessika William Assistant City Attorney OYes ❑No. Myes MNo_ Dyes ❑No_ Date: 6,10/25 Vendor Services Agreement Page 23 of 30 !,TELEDYNE FUR Everywhereyoulook Teledyne FLIR Detection, Inc. 100 Midland Road Oak Ridge, TN 37830 P: 865.220.8700 F: 865.813.0438 www.teledyneflir.com April 6, 2023 Sole Source Statement: Teledyne FLIR Detection is the original manufacturer of the Radiation Identification Devices including the identiFINDER (including NGH, UL-NGH and UW-NGH models), R200, R300, R400 (including NGH, UL-NGH and UW-NGH models), R425, R440, R500, R700, IBAC (Bio-aerosol monitoring and sampling device), IBAC-2 (Bio- aerosol monitoring and sampling device), and Griffin G510 (GC/MS). Replacement components are only available from Teledyne FLIR Detection. Teledyne FLIR Detection has proprietary tools and software that were specifically developed by Teledyne FLIR Detection, for the adjustments and testing of the identiFINDER (including NGH, UL-NGH and UW-NGH models), R200, R300, R400 (including NGH, UL-NGH and UW-NGH models), R425, R440, R500, R700, IBAC (Bio-aerosol monitoring and sampling device), IBAC-2 (Bio-aerosol monitoring and sampling device)and Griffin G510 (GC/MS). These tools and software are not available to anyone other than Teledyne FLIR Detection. Teledyne FLIR Detection is the only company with the intellectual property rights to repair the identiFINDER (including NGH, UL-NGH and UW-NGH models), R200, R300, R400 (including NGH, UL-NGH and UW-NGH models), R425, R440, R500, R700, IBAC (Bio-aerosol monitoring and sampling device), IBAC-2 (Bio-aerosol monitoring and sampling device) and Griffin G510 (GC/MS). Shoul you have any questions, please do not hesitate to contact me. Steven Read Senior Customer Service Manager Teledyne FLIR Detection, Inc. Vendor Services Agreement Page 32 of 30 EXHIBIT D VERIFICATION OF SIGNATURE AUTHORITY TELEDYNE FLIR DEFENSE, INC 100 MIDLAND ROAD OAK RIDGE TN 37830 Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Vendor. Name: Position: Signature 2. Name: Position: Signature Name: Position: Signature Name: Signature of President / CEO Other Title: Director Government Business Date: Vendor Services Agreement Page 33 of 30 CSCO VSA SS Teledyne Flir Defense inc (Final) Final Audit Report 2025-09-12 Created: 2025-09-12 By: Valerie Richards (Valerie.Richards@Teledyne.com) Status: Signed Transaction ID: CBJCHBCAABAAPBGo47-GgJrrBolcayD0o1ElBIZr9h-T "CSCO VSA SS Teledyne Flir Defense inc (Final)" History Document created by Valerie Richards (Valerie. Richards@Teledyne.com) 2025-09-12 - 7:15:21 PM GMT Document emailed to Jay Bhanot (jay.bhanot@teledyne.com) for signature 2025-09-12 - 7:15:29 PM GMT Email viewed by Jay Bhanot Qay.bhanot@teledyne.com) 2025-09-12 - 7:17:01 PM GMT Document e-signed by Jay Bhanot (jay.bhanot@teledyne.com) Signature Date: 2025-09-12 - 7:18:29 PM GMT - Time Source: server Agreement completed. 2025-09-12 - 7:18:29 PM GMT a Adobe Acrobat Sign FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: TELEDYNE FLIR DEFENSE, LLC Subject of the Agreement: SOLE SOURCE -VENDOR SERVICE AGREEMENT REPAIR AND MAINTENANCE OF FLIR RADIATION DETECTION PRODUCT M&C Approved by the Council? * Yes ❑ No ❑■ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑■ No ❑ If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No ❑■ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required? * Yes ❑ No 0 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑■ No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.