HomeMy WebLinkAboutContract 54216-A1 CSC No.54216-A1
FIRST AMENDMENT
TO FORT WORTH CITY SECRETARY
CONTRACT NO. 54216
This FIRST AMENDMENT TO FORT WORTH CITY SECRETARY
CONTRACT NO.54216 ("Amendment") is made and entered into by and between the City of
Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting herein by
and through Jesus J. Chapa, its duly authorized Deputy City Manager, and Waters Technologies
Corporation, a Delaware corporation ("Vendor"), acting by and through Timothy D'Souza, its
duly authorized Vice President, each individually referred to as a "Party" and collectively
referred to as the "Parties".
WHEREAS City and Vendor entered into an agreement to purchase a liquid
chromatography mass spectrometer and associated maintenance services,the same being Fort
Worth City Secretary Contract No. 54216 (the "Agreement"); and
WHEREAS under the terms of the Agreement, services began upon the signing of the
Agreement by an Assistant City Manager of the City (the "Effective Date") and expire five ( 5)
years after the Effective Date (the Expiration Date"), unless terminated earlier in accordance
with the provisions of the Agreement or otherwise extended by the parties. The Coop Purchase
may be renewed for four one-year(4)renewals at the mutual agreement of the parties, each a
"Renewal Term." City shall provide Vendor with written notice of its intent to renew at least
thirty (30) days prior to the end of each term; and
WHEREAS the Parties wish to amend the Agreement to reflect an increase in amount to
be paid to the Vendor; and
WHEREAS the Parties also wish to further amend the Agreement and add Schedule D -
Quotation No. 22419544 ("Quote")to the Agreement.
I.
The amount to be paid to the vendor shall be increased from from$181,819.85 to an
amount not exceed$192,843.35.
Further,the Quote, attached hereto, is hereby added to the Agreement as if originally
attached to the same.
Except as expressly modified in this Amendment, all other terms and conditions of the
Agreement shall remain in full force and effect.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
FIRST AMENDMENT OF CSC NO.54216 Page 1 of 6
IN WITNESS WHEREOF, the said parties have hereto set their hands and seal of office
to triplicate originals on this day of 12020.
CITY: VENDOR:
CITY OF FORT WORTH WATERS TECHNOLOGIES
CORPORATION
Ts s Chava
By:Jesus Chapa(Nov il,202012:41 CST) By:
Name: Jesus J. Chapa Name: Timo y D'Sou
Title: Deputy City Manager Title: Vice President
APPROVAL RECOMMENDED:
By. Edwin Kraus(Nov 10,2020 21:33 CST)
Name: Edwin Kraus
Title: Chief of Police
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Taylor Paris
Title: Assistant City Attorney
Contract Authorization: M&C 20-0419,
June 16,2020
ATTESTED: 4444��Il��
a� FORt Ila d
off° o d
y �d�'(
Name: Mary Kayser 4Tt4t EXA54ti�
Title: City Secretary °n4p4
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.
Sasha Kane(Nov 10,202016:14 CST)
Sasha Kane OFFICIAL RECORD
Sr. Contract Compliance Specialist CITY SECRETARY
FT.WORTH, TX
FIRST AMENDMENT OF CSC NO.54216 Page 2 of 6
Schedule D to the Amendment
SCHEDULE D
Quotation No. 22419544
Waters
THE SCIENCE OF WHAT'S POSSIBLE.'
Ms. Jennifer Naquin
City of Fort Worth Police Dept
Dept. Chemistry - Crime Lab
3616 E Lancaster Ave
Fort Worth,TX,76103-2506
US
Telephone 617 6897595
Email jennifer.naquin(ofortworthtexas.gov
Sales Proposal
Please reference this Quotation when Purchase Order is issued
Quotation No: 22419544 - Expiration Date: 11/02/2020
Dear Ms. Jennifer Naquin,
Thank you for your interest in Waters! Please find the enclosed Sales Quotation for the
products you inquired about. We look forward to working with you and your team for all of your
laboratory needs.
To place an order for products on this quotation, please contact Waters Customer Service at 800
252 4752 Ext 5365. You may also visit us on the web at www.waters.com for online order
placement 24/7. Orders placed via hard copy purchase order may be sent via email to
customerservice@waters.com, or may be sent via fax to 508 482 4520.
If you have any questions regarding this quotation, please contact your local Account
Representative: Tamara Dallabetta-Keller. Tamara may be reached by telephone at SOO 252
4752 , or via email at TAMARA_KELLER n WATERS.CON.
Waters Sales Support
Tel: 800 252 4752
Email: customerservice@waters.com
Waters Technologies Corporation dba Waters Corporation,34 Maple St,Milford MA 01757 800 252 4752
This quotation is expressly conditioned upon,and subject to all terms and conditions set forth within
FIRST AMENDMENT OF CSC NO.54216 Page 3 of 6
Schedule D to the Amendment
����� Account : City of Fort Worth Police Dept
Quotation number : 22419544
THE SCIENCE OF WHAT'S POSSIBLE. Creation date : 10102/2020
Expiration date : 11102/2020
Sales Proposal
Please reference this Quotation when Purchase Order is issued
No Shipping Cost
Item Product# Qty Description Unit Price Discount Net Price
1 186007114 2 CORTECS C18+Column, 90,$, 1.6 pm, 880.00 -220.00 1,320.00
2.1 mm x 50 mm, 1Jpk
2 186007123 2 CORTECS C18 VanGuard Pre-column, 709.00 - 177.25 1,063.50
90A,1.6 pm,2.1 mm x 5 mm,3/pk
3 1860CS125 40 Oasis HLB Plus Light Cartridge, 30 mg 223.00 -5S.75 6,690.00
Sorbent per Cartridge,30 pm,50/pk
4 186000307C 40 LCGC Certified Clear Glass 12 x 32 mm 65.00 -16.25 1,950.00
Screw Neck Vial, with Cap and Preslit
PTFEfSilicone Septum,2 mL Volume,
100fpk
Total Quotation in US❑ 11,023.50
Waters Standard Terms and Conditions
Freight Ienns: FOB Shipping Point
Prepaid&Added
Payment Tci-nis: NET 30 BAYS
Payment Terms Subject to Credit Review
GSA Contract#GS07F-0559X
Waters Technologies Corporation dba Waters Corporation,34 Maple St,Milford MA 01757 800 252 4752
This quotation is expressly conditioned upon,and subject to all terms and conditions set forth within
FIRST AMENDMENT OF CSC NO.54216 Page 4 of 6
Schedule D to the Amendment
Waters
Account : City of Fart Worth Police Dept
f
Y a I I Quotation number : 22419544
THE SCIENCE OF WHAT'S POSSIBLE. Creation date : 10102/2020
Expiration date : 1110212020
Sales Proposal
Please reference this Quotation when Purchase Order is issued
Waters General Sales Terms and Conditions
THIS TRANSACTION IS EXPRESSLY CONDITIONED UPON AND SUBIECTTO ALL OF THE FOLLOWING TERMS AND CONDITIONS:
1.Acceptance- Buyers acceptance of the offer to purchase the products and/or services set forth on the front page made by Waters Technologies
Corporation dJb/a Waters Corporation (Waters)of this quotation shall create a contract subject to and expressly im tact by the terms and conditions
contained on this form.Acceptance of this quotation may only be made on the exact terms and conditions set forth on this quotation;if additional or
different terms are proposed by Buyer such additional or different terms shall not become a part of the contract formed by Buyer's acceptance of the
quotation. Receipt of the products sold hereunder or commencement of the services provided hereunder shall be deemed acceptance of the terms and
conditions of this quotation.
2.Taxes and Payment-Any tax,duty,custom or other fee of any nature imposed upon this transaction by any federal,state or local governmental
authority shall be paid by Buyer in addition to the price quoted. In the event Waters is required to ppre any such tax or fee, Buyer will reimburse
Waters. Payment terms shall be net thirty(30)days after shipment and are subject to credit approval. An interest charge equal to 1 112%per month
(18%per year)will be added to quotations outstanding beyond 30 days after shipment. In addition Waters reserves the right,in its sole discretion,to
require C.O.D.payment terms from any Buyer. Waters may also refuse to sell to any person until al prior overdue accounts are paid in full.
3._Delivery.and Shipment- Delivery terms shall be F.0 B. Waters shipping paint; iden4fication of the products shall aacur when they leave Waters
shipping paint at which time title and risk of loss shall pass to Buyer. All shipment costs shall be paid by Buyer and if prepaid by Waters the amount
thereof shall be reimbursed to Waters. Waters will make reasonable commercial efforts to ship the products or provide the services hereunder in
accordance with the delivery date set forth on the reverse side hereof provided,that Waters accepts no liability for any losses or for general,indirect
special or consequential damages arising out of delays in delivery.
4.Warranty-The products andJor services shall be covered by the applicable Waters standard warranty,a copy of which is supplied with the products
and/or services or upon request. NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED,IS MADE WITH RESPECT TO THE PRODUCTS AND/OR
SERVICES. WATERS EXPRESSLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Any
model or sample furnished to the Buyer is merely illustrative of the general types and quality of goods and does not represent that the products will
conform to the model or sample. Buyers remedies under Waters warranty shall be limited to repair or replacement of the product or component which
failed to conform to Waters applicable standard warranty.WATERS SHALL NOT BE LIABLE FOR CONSEQUENTIAL,INCIDENTAL,SPECIAL OR ANY OTHER
INDIRECT DAMAGES RESULTING FROM ECONOMIC LOSS OR PROPERTY DAMAGE SUSTAINED BY BUYER FROM THE USE OF ITS PRODUCTS OR
SERVICES.
5. Returned Goods-Waters may, in its sole discretion,autherizeproduct returns in appropriate circumstances,subject to such conditions as Waters
may specify. Any such return shall be subject to the express prior authorization of Waters and payment by Buyer of a restocking charge. No returns
will be authorized after one hundred twenty 120)days following shipment to Buyer.
6,Technical Advice-Waters may, at Buyers request furnish technical assistance advice and information with respect to the products if and to the
extent that such advice, assistance and information is conveniently available. ft is expressly agreed that there is no obligation to provide such
information,which is provided without charge at the Buyer's risk,and which is PROVIDED WITHOUT WARRANTY OF ANY KIND AND IS SUBJECT TO THE
WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY SET FORTH IN PARAGRAPH 4.
7.Waters Right of Possession etc. -Buyer hereby grants_Waters a_purchase money security interest in the goods offered by this quotation to secure
the due and punctual_payrne m)o€the purchase price specified in this quotation. In the event of default by Buyer rn any pa rent due Waters,Waters
shall have the right, in addition to any other remedies it may have at law or rn equity,to withhold shipment to recall goods in transit and remake the
same, to repossess any goods which may be stared with Waters for Buyer's account without the necessity o�Waters initiating any other proceedings.
In addition,Waters shall have all of the rights and remedies of a secured pa under the Massachusetts Uniform Commercial Code and may exercise all
such rights and remedies in accordance therewith. Buyer shall execute such documents as Waters may request to effectuate the foregoing security
interest,
S.A ants,etc. - No agent, employee or other representative has the right to modify or expand Waters standard warranty applicable to the products
and or services or to make any representations as to the products other than those set forth in the applicable user or operators guide delivered with
the products,and any such affirmation representation or warranty,if made,should not be relied upon by Buyer and shall not form a part of contract
between Waters and Buyer for the purchase of the products or services.
9. Fair Labor Standards-The products or services provided hereunder were produced and/or performed in compliance with the requirements of all
sections of the Fair Labor Standards Act of 1938 as amended.
10.Equal Employment-Waters is an Equal Opportunity Employer. It does not discriminate in any phase of the employment process against any person
because of race,color,creed,religion,national origin,sex,age,veteran or handicapped status.
11.Modifications,Waiver,Termination-The contract formed by Buyers acceptance of this quotation may be modified and any breach thereunder may
be waived only by a written and signed document by the party against whom enforcement thereof is sought.
12.Governing Law-The contract formed by Buyer's acceptance of this quotation shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts,U.S.A.
13.Compliance with Laws-Buyer shall at all times comply with all applicable federal,state and local laws and regulations,including,without limitation,
the provisions of the United States Export Control Laws as may be in effect For any of the products or services and, if products or services hereunder
are used in clinical applications, all applicable rules and regulations of the United States Food andDrug Administration and/or other domestic or
international agencies with respect to the application of,as the case may be,Good Clinical Practices("GCP"),Good Laboratory Practices("GLP")or good
Manufacturing Practices GMP).
14.Additional Terms an Conditions-This quotation is also subject to any Waters Special Terms and Conditions applicable to the products or services
offered by this quotation which appear on the front of this quotation. Any variance from the terms and conditions of this quotation in any order or
other written notification from Buyer will be of no effect. Should Buyer order products or services through a Waters office located outside of the United
States the terms and conditions of time quotation issued by the office outside of the United States shall govern such order.
15.Arbitration-Any and all disputes or controversies arising in connection with the contract formed by Buyers acceptance of this quotation or the sale
of products and/or performance of the services shall be resolved by final and binding arbitration in Boston, Massachusetts under the rules of the
American Arbitration Association then obtaining.The arbitrators shall have no power to add to,subtract from or modify any of tfinese terms or conditions
of this contract. Any award rendered in such arbitration may be enforced by either party in either the courts of the Commonwealth of Massachusetts or
in the United States District Court for the District of Massachusetts,to whose jurisdiction for such purposes Waters and Buyer each hereby irrevocably
consents and submits.
16.Software-To the extent there is any software included with the products,the software is being licensed, not sold and all rights,title and interest
therein shall remain with Waters. Use of the software shall be in accordance with the applicable software license delivered with the products. U.S.
Government Restricted Rights-RESTRICTED RIGHTS LEGEND. Use,duplication or disclosure by the Government is sub"ect to restrictions as set forth
in subparagraph (c)(1)(A)of the Rights in Technical Data and Computer Software clause at DFAARS 252.227-7613 or su paragraphs(c)(1)and (2)of
the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19,as applicable.
17.Force"ure-_Waters shall have no liability for failure toperForm,or delay in perFornance,in the delivery of any and all equipment manufactured
or sold by Waters inducting instruments, supplies, com� ntsne , s�stems chemistry, accessores, replacernermt spare parts or any and all services
provided by Waters, caused by circumstances beyond sana leoon�rol including, but notlimitedctsofGadactsfnaturefloods, fire,explonswarormiitary mobilzaton, United Statesvernmentalction orinaction, estfvernmelauthority, delaysfany kind in
transportation r inability to obtain rateral orequipmencts of other governments,strikes,or labor disturbances.
18. Diagnostic Products - Buyer acknowledges and agrees that only t ❑se products which are labeled and identified as in vitro diagnostic{"IYD"}
Waters Technologies Corporation dba Waters Corporation,34 Maple St,Milford MA 01757 800 252 4752
This quotation is expressly conditioned upon,and subject to all terms and conditions set forth within
FIRST AMENDMENT OF CSC NO.54216 Page 5 of 6
Schedule D to the Amendment
Waters
Account : City of Fort Worth Police Dept
� y I Quotation number : 22419544
THE SCIENCE OF WHAT'S POSSIBLE.' Creation date 1010212020
Expiration date 11/02/2020
Sales Proposal
Please reference this Quotation when Purchase Order is issued
Waters General Sales Terms and Conditions
devices are intended to be used for ND purposes. Buyer acknowledges and agrees that any pproducts that are not labeled and identified as NDs are
general laboratory products intended for research and other general scientific uses and are not for use in ND procedures.
Waters Technologies Corporation dba Waters Corporation,34 Maple St,Milford MA 01757 800 252 4752
This quotation is expressly conditioned upon,and subject to all terms and conditions set forth within
FIRST AMENDMENT OF CSC NO.54216 Page 6 of 6