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Home My WebLink AboutContract 58768-A1CSC NO. 58768-Al FIRST AMENDMENT TO CITY OF FORT WORTH CONTRACT 58768 This FIRST Amendment to Fort Worth City Secretary Contract No. 58768 is made between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Agilent Technologies, Inc. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary No. 58768 on January 25, 2023 ("Agreement/Contract"); WHEREAS, it is the collective desire of both Fort Worth and Vendor to amend the Agreement to include an extended warranty and preventative maintenance for the existing LCMS 6495 iFunnell QQQ System and to increase the contract value to $30,370.36. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The second paragraph of the first page of the Agreement is deleted in its entirety and replaced with the following: Exhibits A, B, C, D, E, and F, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Agreement shall control. The amount of this contract shall not exceed One hundred forty-one thousand five hundred ninety-seven dollars and forty-one cents ($141,597.41). The existing Exhibit A of the Agreement is hereby deleted in its entirety and replaced with the new Exhibit A attached to this Amendment. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Name: Fernando Costa Title: Assistant City Manager Date: APPROVAL RECOMMENDED: �'_!�. wales By: Chris Harder (Apr 11, 202417:19 CDT) Name: Christopher Harder, P.E. Title: Water Department Director ATTEST: an poi eort>k°a ,o Ada a°moo 9-�d ono °=d V � .Job.�mnn� adap nEXPsa'O' By: Name: Jannette S. Goodall Title: City Secretary Agilent Technologies, Inc. By: N e: Lind Willett Title: Bids Response Specialist Date: 04/ 11 /2024 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: Name: ean Wilson Title: ntract Services Administrator •••• • •;u :►� By: Name: Jeremy Anato-Mensah Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0053 1295:2022-964061 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Agilent Technologies Delivery Site: City of Fort Worth Water Dept 2600 SE Loop 820 FORT WORTH TX 76140-1010 USA Tax ID: Katrina Nwinye katrina.nwinye@fortworthtexas.gov +18173925942 Invoice To: City of Fort Worth 200 Texas St FORT WORTH TX 76102-6314 USA Tax ID: Agilent Technologies Inc. 2850 Centerville Road Wilmington DE 19808-1610 United States Comment: Combine with service agreement 5001232217 at renewal Service Contract Quotation: Ship To: City of Fort Worth Water Dept 2600 SE Loop 820 FORT WORTH TX 76140-1010 USA Agilent Technologies Inc 5301 Stevens Creek Blvd Santa Clara CA 95051 United States Federal Tax ID: 77-0518772 Page 1 of 3 Tel: 1-800-227-9770 opt 1, then 5 Fax: 1-302-633-8954 Email: agreements_Ifssupport@agilent.com Website: www.agilent.com/chem QUOTATION Quotation Number: Quotation Date: 5001297889 April 02, 2024 Coverage Period: Payment Terms: 05/13/2024 - 12/31/2024 Net 30 Days Quotation Expiration Date: All quoted prices are valid for 90 days from quotation date. Direct Inquiries to: Contact Name: Kasey Hagan Contact E-mail: KASEY.HAGAN@AGILENT.COM Contact Telephone: +15123328304 Contact Fax: Learn more about Agilent's Special Offers, Products, Services and our full range of laboratory productivity solutions optimized for your applications and workflows. Visit us at www.agilent.com/chem Beneficiary Bank: Bank of America ORIGINAL SWIFT: BOFAUS3N Beneficiary Account: 12331-31561 Beneficiary Name: Agilent Technologies Inc Quotation Number: 5001297889 Quotation Date: April 02, 2024 Item # System Serial Model Service EGS Qty Start date / Total Handle Number Description Description End date if Price different from (USD) SC Period 1 LC/QQQ 6495 LCMS6495 iFunnel CROSSLAB 1 34,124.00 QQQ Enhanced BRONZE Features DEBA401459 1290 Infinity II Multicolumn Thermostat DEBA301248 �1290 Infinity II Flexible Pump. DEBA205128 �1290 Infinity II High Speed Pump SG21141201 6495 Triple Quadrupole LC/MS System WTY DEBAR00176 �1290 Infinity II Multisampler DEBBF00814 1290 Infinity Flexible Cube (Line Item Note: 1 (Move to CrossLab Silver coverage at renewal (Total Amount before Discount 34,124.001 (Discount- Region/Country -3,753.64 (Total before Tax 30,370.361 (Sales Tax 0.000% 0.00I (Total (USD) 30,370.361 EGS = End of Guaranteed Support for earliest module N otes: Amount excludes any applicable taxes. Applicable taxes will be separately stated on the invoice at time of billing. Page 2of3 Quotation Number: 5001297889 Quotation Date: April 02, 2024 Exhibit URL Exhibit22X.as http://www.agilent.com/en-us/services/analytical-instrument-services/exhibit22x px Password: br8zUWuC This Quotation is valid only for the period indicated. All Services quoted are subject to the Agilent Service Terms (http://www.agilent.com/en-us/services/el6s-us-canada-mexico) and the Agilent Service Exhibits referenced above. Products, parts and software are subject to the Agilent Terms of Sale (http://www.agilent.com/en-us/services/e16s-us-canada-mexico).Products or Services that are manufactured, configured or adapted to mee t Customer's requirements are subject to the Agilent Terms of Sales - Custom products (http://www.agilent.com/en-us/services/el6s-us-canada-mexico).if you have a previously signed agreement with Agilent covering such Pr oducts, Services or spare parts, the terms of that agreement will take precedence for those Products, Services or spare parts. Agilent expressly objects to any different or additional terms in your purchase/sales order documentation, unless agreed to in writing by Agilent. Spare parts and Service availability dates are estimated at the time of the quotation. Actual delivery dates or delivery windows will be specified at the time Agilent acknowledges and accepts your purchase order. The above conditions shall apply to the fullest extent permitted by the law governing this transaction and shall not derogate from any statutory or legal rights you may have thereunder. Commodities, technology or software exported from the United States of America ("U.S.") or from other exporting countries will be subject to the U.S. Export Administration Regulations and all exporting countries' export laws and regulations. Diversion contrary to U.S. law and the applicable export laws and regulations is prohibited. Warranty: Unless otherwise indicated herein, spare parts referenced in this document will receive a 90 day replacement warranty. Agilent Payment Method: ACH. Credit card accepted only at the time of order placement. Agilent will charge 3% of the invoiced amount, when term invoices are paid with a credit card. Page 3 of 3 Agilent Technologies SIGNATURE AUTHORIZATIO: FOR BIDS. QUOTES. CONTRACTS BID BONDS AND PERFORMANCE BONDS RESOLVED: That. effective as of September 17. 2014. the Chief Financial Officer. Secretary and Assistant Secretary. and each of them. is hereby empowered on behalf of the Company to sign bids. quotations. leases and contracts with customers and eo%ernment agencies. including such bids and performance bonds as may be required in connection with such bids and contracts. and each is further empowered to authorize employees of the Company to sign such bids. quotations. leases. contracts and bid and performance bonds. I_ P_ Diana Chiu. do hereby certify that I am the Vice President. Assistant General Counsel and Assistant Secretary of Agilent Technologies. Inc.. a Delaware corporation (the "Company'): that the foregoing is a full. true and correct copy of the resolution adopted by the Board of Directors of the Company on September 17. 2014: and that the resolution has not been annulled, rescinded. or revoked and remains in full force and effect. I. P. Diana Chiu pursuant to authority granted to me by the Board of Directors of the Company. hereby authorize Lindsay Willett to sigtt bids. quotations. leases. contracts and bid and performance bonds with government agencies. customers. suppliers and channel partners on behalf of the Agilent Technolosies. inc. up to the amount of trn•o million and five hundred thousand U.S. dollars (S2.500.000). IN NVITNESS. WHEREOF. I have signed my name below. Dated: September W-2021 �. Diana Chiu Vice President. Asst. Gen. Counsel & Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of Santa Clara On t_11+461 202 f before me, Elisa Martinez — Notary Public (insert name and title of the officer), personally appeared �14 Lk Ul /_ who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is4;e subscribed to the within instrument and acknowledged to me that 4&she4hey executed the same in 4i�herAhei authorized capacitv4+ , and that by 4is4her#heisignatures} on the instrument the personal, or the entity upon behalf of which the personal acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. EL LSD WJM Ncc Notary Public - California _ -^ San Mateo County _ Commission x ZZ3t732 my Comm_ Expires Mar 21, 2022 Signature ! (Seal) OffiCldl SiCC OI Chc City Of For! WOrSh. T( `,,r CITY COUNCIL AGENDA FORD H Create New From This M&C DATE: 1/10/2023 REFERENCE NO.: **M&C 23- LOG NAME: 60WATERLAB2023 0053 CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Sole Source Agreement with Agilent Technologies, Inc. for Preventative Maintenance of ISO 9001 Instruments for the Water Department in an Annual Amount of $111,221.05 for the First Year and Authorize Four One -Year Renewal Options for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of sole source agreement with Agilent Technologies, Inc. for preventative maintenance of ISO 9001 Instruments for the Water Department in an annual amount of $111,221.05 for the first year and authorize four one-year renewal options for the same amount. DISCUSSION: The Water Department Laboratory Division will use this agreement to provided preventative maintenance for existing International Organization for Standardization (ISO) 9001 Instruments that includes hardware, software, parts, training, technical support and at -your -site service and support procedures. The ISO 9001 Instruments are used to analyze water samples and to identify unknown contaminants. This procurement is necessary to preserve and protect the public health and safety of the City of Fort Worth residents. These instruments perform analysis that are linked to permits, EPA (Environmental Protection Agency) and TCEQ (Texas Commission on Environmental Quality) Regulatory Requirements as well as various water monitoring projects. Agilent Technologies is the sole source manufacturer of ISO 9001 Instruments, hardware, software, parts, training, technical support and at -your -site service and support procedures. Texas Local Government Code, Chapter 252.022 (7) allow for procurement of goods and services without competitive bids when deemed necessary to preserve or protect the public health and safety of the municipality's residents. Funding is budgeted in the Water Department and Wastewater Department rollup's within the Water & Sewer Fund. DVIN-BE: Water/Wastewater was approved for a sole source exemption by the Legal Department. Therefore, the business equity goal requirement is not applicable. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution and expires on December 31, 2023. RENEWAL OPTIONS: The agreement may be renewed for four (4) additional one-year periods. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Water and Sewer Fund to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ! Program Activity Budget Reference # Amount ID ID Year (ChartField 2) Submitted for Citv Manaqer's Office bv: Originating Department Head: Additional Information Contact: Dana Burghdoff (8018) Chris Harder (5020) Patty Wilson (8411) Stacy Walters (8203) ATTACHMENTS Approved Chanter 252 Exemption Form Agilent.pdf (Public) Form 1295 Certificate 100987834 sioned.rAf (CFW Internal) CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. Agilent Technologies, Inc. 2022-964061 Wilmington, DE United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/13/2022 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. WaterLab2023 Support Agreement Renewal Quote #5001094427 (term of 01/01/2023—12/31/2023) 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary I 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is T,indl sy Reth Willett , and my date of birth is January 3, 1984 My address is 2075 River Rd. Bensalem PA 19020 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Bucks County, State of Pennsvlvania , on the 13th day of December, 20 22 I ) (month) (year) �Signarif authoriz agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.3ac88bc0