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Home My WebLink AboutContract 58188-R1A1DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 CSC No. 58188-R1A1 ADDENDUM This ADDENDUM, (hereinafter "Addendum") by and between Waters Technologies Corporation (hereinafter "Waters") and the City of Fort Worth (hereinafter "Customer") (both referred to as "Parties"), specifically alters, amends, and revises the General Conditions, Waters Service Quotation Terms and Conditions of Sale (the "Waters Terms") pursuant to the Service Plan identified in Waters Quotation Number 23578618 attached hereto as Exhibit A and made part of this Addendum (each a "Quotation"). Each Quotation shall specifically reference this Addendum. WITNESSETH: WHEREAS, Customer and Waters are entering into the Addendum, wherein Waters shall provide certain services pursuant to the Quotation attached hereto as Exhibit "A." NOW, THEREFORE, in consideration of the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto hereby agree as follows: 1. Item 20. Governing Law. In the first sentence, "Commonwealth of Massachusetts" is replaced with "State of Texas". 2. Item 22. Arbitration. Is deleted in its entirety and replaced with "Intentionally Omitted". 3. The terms of the Waters Terms, except as herein amended, are hereby reaffirmed and republished as if set forth herein. To the extent there is an inconsistency or conflict between the terms of this Addendum and the Waters Terms, the terms of this Addendum shall govern. [SIGNATURE PAGE FOLLOWS] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 1 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 IN WITNESS WHEREOF, the Parties hereto have executed this Addendum to be effective the day the Assistant City Manager signs it. ACCEPTED AND AGREED: CITY OF FORT WORTH By: William Johnson ( r 14, 202416:06 CDT) Name: William Johnson Title: Assistant City Manager Date: M a r 14, 2024 APPROVAL RECOMMENDED: By; Rob& Al(Mar 14, 2024 07:21 CDT) Name: Robert A. Alldredge Jr. Title: Executive Assistant Chief CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 4111v� Name: Loraine Coleman Title: Administrative Services Manager APPROVED AS TO FORM AND LEGALITY: ,oa onRp � y'U� ATTEST: pp> fo!+ ° pd =o Name: Trey Qualls Title: Assistant City Attorney A �` Rnvnao By: CONTRACT AUTHORIZATION: Name: Jannette S. Goodall M&C: (None Required) Title: City Secretary Date Approved: Form 1295 Certification No.: N/A WATERS TECHNOLOGIES CORPORATION DocuSigned by: By:Ec `�" Name: MMTPD Title: Vice President, Commercial Clinical Business Unit OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 2 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 Exhibit A Aso Waters THE SCIENCE OF WHAT'S POSSIBLE." Ms. Elizabeth Van Forensic City of Fort Worth Police Dept Forensic Lab 3616 E Lancaster Ave FORT WORTH TX 76103-2506 USA QUOTATION 23578618 is valid until June 16 2024 Dear Ms. Van, Please find attached our quotation for your Waters Service Plan agreement. We would ask that you check the document thoroughly and contact your local Service Sales Representative to discuss any changes required. Please note that this offer is subject to receiving your Purchase Order prior to the expiry date/contract start date and full acceptance of Waters Terms & Conditions. Please ensure your correspondence contains the Quotation Reference Number 23578618 to ensure prompt confirmation that your supportis valid. Waters Corporation Andrew Tumolo Phone: Emai I : and rew_tumolo @waters.com Waters Technologies Corporation Mailstop SA 34 Maple Street Milford, MA 01757 Phone: 800-252-4752 FAX: 508-482-8898 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 3 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 Waters THE SCIENCE OF WHAT'S POSSIBLE.' Quotation number : 23578618 Account number : 1018789 Quotation Valid From : Feb 05 2024 Quotation Valid Until : Jun 16 2024 M Waters"' FlexCHCICE': mySystem Coverage Waters' FlexCHOICE'M offers personalized, flexible support, maintenance, and service options to meet the unique requirements of your laboratory. - Performance Maintenance (PM) is a proactive maintenance that keeps your system operating at peak performance. One or more PM visits may be included as specified within the quote, A PM visit is a combination of Waters Quality Parts, including documented standardized protocols, delivered by a Waters Certified Feld Service Specialist. A more detailed description of coverage and additional options are available in our Statement of Coverage, available upon request Pricing contained in this quote is for Service Plan Coverage only. Taxes may be applied at time of invoicing where applicable. - All pricing on this quotation is subject to change, unless otherwise noted in a signed agreement. Pricing on this quotation is valid through date stated as ""Quotation Valid Until"". Payment Terms are subject to Credit Review. - Please reference this quotation number when issuing your purchase order. Thank you for choosing Waters FlexCHOICE mysystem coverage to protect your investment. We look forward to providing the customized level of service and support that's right for your laboratory, while maintaining the performance you have come to trust with Waters. Gross Price 18,115.20 Customer number : 1018789 Discount 1,251.60 Invoicing Terms: Annual Total Net with Discount 16,863.60 Payment Terms: NET 30 DAYS Andrew Tumolo Account Manager (US & Canada) — Service Sales & Clinical & Forensics Business Unit Email: Andrew_Tumolo@Waters.com Phone. 800-252-4752 ext 8740 Waters Technologies Corporation Mailstop SA 34 Maple Street Milford, MA 01757 Phone: 800-252-4752 FAX: 508-482.8898 Page 1 of 6 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 4 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 ■ ■ Waters THE SCIENCE OF WHAT'S POSSIBLE:' Quotation number : 23578618 Account number : 1018759 Quotation Valid From : Feb 05 2024 Quotation Valid Until : Jun 16 2024 QUOTATION 2357861 Coverage from June 17 2024 to June 025' City of Fort Worth Police Dent kAdditional Notes A 1. All pricing on this quotation is subject to change, unless otherwise noted in a signed agreement. 2. Pricing on this quotation is valid through date stated as "Quotation Valid Until 3. Please reference quote number on the purchase order. 4. Please reference your Physical Bill To and Ship To on your PO for ease of processing. 5. Please send PO's directly to: And rew_Tumolo@Waters.com. 6. Payment Terms subject to credit review. Waters Technologies Corporation Mailstcp SA 34 Maple Street Milford, MA 01757 Phone: 800-252-4752 FAX: 508-482-8896 Page 2 of 6 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 5 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 Quotation number : 23578618 Waters Account number : 1018789 THE SCIENCE OF WHAT'S POSSIBLE.' Quotation Valid From Feb 05 2024 Quotation Valid Until : Jun 16 2024 dollarsPrice in US Item Reference System Description Unit Price Qty I Discountin- Net Price No 100 176600011 UPCHA SVC12M 1 0.0 D% 0.00 200 176600010 City d FW PO HClass 1PM 12M 18,115.26 1 6.91% 16,663 60 Tatai 16,853.60 Total Net Amount 16,863.60 Waters Technologies Corporation Mailstop SA 34 Maple Street Milford, MA 01757 Phone: 800-252-4752 FAX: 508-482-8898 Page 3 of 6 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 6 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 Quotation number : 23578618 Waters Account number : 1018759 THE SCIENCE OF WHAT'S POSSIBLE:' Quotation Valid From : Feb 05 2024 Quotation Valid Until Jun 16 2024 • . 1 . I Ms. Elizabeth Van Tel : 817 392 4507 Email : elizabeth.van@fortworthgov.org Serial number Description B22CHA263G 176600011-UPCHA SVC12M Sub -Total Amount ---------------------------------------------------------------- City of FW PD HClass 176600010 1PM 12M FI-CHOICE— Coverage: 12 Months No. of Performance Malntenanw Visits: i Service Level: Standard Response Time: Standard B22FFP126G FC0000771-UPSMFTN+ 1PM SVC12M B22QSFCCIA FC0000727-UFQ5M+ 1PM 5VC12M C22UPL515A FC0000704-UPPDALTC 1PM 5VC12M KBD6286 FC0000289-QDA 1PM SVC12M EM25BU1779 5/VN Benefits Info System Total Amount ------------------------------------------------------------ ---- Laboratory Total Amount (except taxes) Contract Contract Unit Price Quoted Price Start End 06/17/2024 06/16/2025 0.00 0.00 0.00 --------------------------------------------------------------------- 18,115.20 16,863.60 06/17/2024 06/16/2025 06/17/2024 06/16/2025 06/17/2024 06/16/2025 06/17/2024 06/16/2025 06/17/2024 06/16/2025 16,863.60 ------------------------ -------------------------------------- 16,863.60 Waters Technologies Corporation Mailstop SA 34 Maple Street Milford, MA 01757 Phone: 800-252-4752 FAX: 508-462-8898 Page 4 of 6 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 7 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 Quotation number : 23578618 Waters Account number : 1018789 Quotation Valid From : Feb 05 2024 THE SCIENCE OF WHAT'S POSSIBLE"' Quotation Valid Until : Jun 16 2024 l(tJV Ili I imilm LJJ/OV 10 :overage from June 17 2024 to June 16 2025 Citv of Fort Worth Police Dent im General Conditions WATERS Service Quotation -TERMS AND CONDITIONS OF SERVICE Waters Technologies Corporation ("Waters") offers van— service plans (the "Plans") for the support of Waters instruments and component parts (the "Equipment"). The following terms and conditions gcvem Waters service under the Plans. You will also receive additional information concerning the particular Plan you have selected - you should read and retain these documents. 1. Acceptance Customers acceptance of the offer contained in this quotation shall create a contract subject to and expressly limited by the terms and conditions contained on both sides of this farm. ACCEPTANCE OF THIS OFFER MAY ONLY BE MADE ON THE EXACT TERMS AND CONDITIONS SET FORTH ON THIS QUOTATION: IF ADDITIONAL OR DIFFERENT TERMS ARE PROPOSED BY CUSTOMER, SUCH ADDITIONAL OR DIFFERENT TERMS SHALL NOT BECOME A PART OF THE CONTRACT FORMED BY CUSTOMER'S ACCEPTANCE OF THIS QUOTATION UNLESS AGREED UPON BY BOTH PARTIES IN WRI7iNG. 2. Prices and Quotations Prices are firm for the period of this quotation. Written quotations are valid for thirty (30) calendar days from the date issued unless an extended period for acceptance is specifically set forth in the quotation. Quotations are subject to termination by written notice from Waters to the customer within the validity pence. All orders based on this quotation are subject to acceptance by Waters at its offices in Milford, Massachusetts. Prices for Renewal Terms are set forth and described below in these Terms and Conditions, 3. Shipping Charges Waters will pay charges to ship replacement ar repaired Equipment to the customer. Waters wiF also pay shipping charges Inn the return of Equipment to Waters, provided the customer has complied with the provisions of Paragraph 8 below ("Retum of Equipment'). 4. Terms of Payment Net thirty (30) days from date of invoice. Delay in making payment by the customer will not operate to extend the term specified in the Plans. Waters may, at its option, suspend service during any period in which the customer has failed to make payments in a timely manner. Such suspension of service shall not limit any other legal remedies to which Waters may be entitled. S. Term of Service The term of service provided under the Plans shall commence as of the Plan Effective date provided on the Acknowledgement copy of the Plan and shail continue as provided in the applicable service Plan (the "initial Term"). Following the Initial Term, the tens of service shall automatically renew for additional, successive one (1) year terms unless either Party provides written notice of non -renewal to the other party no later than 45 days before the end of the current Tern (each, a Renewal Term" and Together with the Initial Term, the "Term"). These Terms and Conditions of Service shall continue to apply during any Renewal Term. The price for a Renewal Term will be provided to the Customer no later than 90 days prior to the expiration of the thentLrmnt Term; provided, that, if Waters does not provide notice of the renewal price prior to expiration of the current Term, the price for the next years Renewal Term shall be 3% above than the price of the current year in the Term. 6. Inspection and Certification Prior to accepting Equipment for coverage under the Plans, Waters may, at its option, inspect and certify that the Equipment is functioning properly. Equipment and software must meet current performance standards and must be operated in an environment and system configuration acceptable to Waters. Service including parts, labor or travel required to hang the Equipment to performance standards acceptable to Waters is not covered by the Plans. This service must he authorized by the customer, completed and paid for prior to initiating Plan coverage. The cost for such service provided to the customer will be invoiced at the rates in effect at the time the service is provided. Equipment covered by the product warranty issued at the time of purchase by the customer may be converted to Plan coverage without a pre -plan inspection by Waters. 7. Service and Repair Service and repair of the Equipment will be provided by an authorized Waters Service Representative. Waters may use one or more of the following service options to replace or repair Equipment: (a) dispatch a Waters service representative to the customers facility; or (b) provide for repair or replacement of the Equipment at a Waters repair facility; or (c) provide delivery of replacement components to the customer, with instructions for installation of the components by the customer. In providing service under the Plans, Waters may, at its option, use components that are "reconditioned," i.e., assemblies and parts which have been re -manufactured by Waters to meet current hardware and firmware revisions as well as the product quality and performance testing requirements for new products. Waters may, while performing service on the Equipment, replace outdated hardware, firmware and software with current revisions. Waters cannot guarantee the continued availability of outdated assemblies. 8. Return of Equipment Waters will accept the return of Equipment(or component parts of such Equipment) only when accompanied by a Return Authonzaton Number ("RAI#") issued by a Waters Customer Service representative prior to shipment of the Equipment by the customer. 9. Limited Service and Product Warranty Waters warrants that the service performed and the products and parts supplied to repair or replace the Equipment conform to average standards of workmanship and materials then prevailing in the trade. Waters' obligations for scift— consulting, training and documentation service; shall be limited to providing the selected services on a best efforts basis. WATERS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The sole obligation of Waters shall be to repair or replace any Waters non -conforming product or part during the term specified in the Plans. This warranty shall not be deemed to have failed of its eseentiai purpose as long as Waters is willing and able to repair or replace any Waters ncn-conforming product or part covered by the plan selected by the customer. In the event that an instrument covered by a service plan cannot be repaired, Waters reserves the right to provide to the customer: (a) Prorated refund or credit of the purchase price, or (b) Prorated credittowards the purchase of a replacement instrument. 10. Delays Waters will use reasonable best efforts to provide prompt service, but will not be liable for any damage resulting from (1) delays in rendering service; (r) delays in performing repairs, or (iii) delays in delivery or shipment of the Equipment. IN NO EVENT SHALL WATERS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, ECONOMIC OR INCIDENTAL DAMAGES (SUCH AS INSTRUMENT DOWN TIME, LOST PROFITS, LOST DATA, ETC.). Waters Technologies Corporation Mailstop SA 34 Maple Street Milford, NIA 01757 Phone: 800-252-4752 FAX: 508-482-8898 Page 5 of 6 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 8 of 9 DocuSign Envelope ID: DC7261C0-BADC-4D48-9127-BCF18D51ACA3 Quotation number : 23578618 Waters Account number : 1018789 Quotation Valid From : Feb 05 2024 THE SCIENCE OF WHAT'S POSSIBLE." Quotation Valid Until : Jun 16 2024 inditir 11. Exclusions The Plans cover Equipment repairs and maintenance which results from normal use and operation of the Equipment Waters will not be obligated to perform service on Equipment which, in its sole reasonable judgment: (a) has been improperly Installed, altered or damaged; (b) has been repaired by other than an authorized Waters Service Representative; (1) has been altered or damaged as a result of additions or changes made to the Equipment by the customer or others; (d) has been damaged due to decomposition resulting from chemical action, environmental or operating conditions; (e) has been damaged due to operator failure to perform standard operating procedures and routine maintenance, including the replacement of common replacement parts (using Waters -approved parts and supplies), as set forth in Waters published literature and manuals; (f) has been damaged due to transfer of the Equipment by the customer from the location specified in the Plans without supervision by Waters, (g has been damaged due to the use of operating supplies and maintenance parts which do not conform to Waters' specifications. Repairef damages) caused bythe use of such supplies or parts is not covered underthe terms of the Plan. Service (parts, labor and travel) required to repair such damage(s) will ba invoiced at the rates in effect at the time the service is rendered. 12. Additional Equipment The customer may, subject to acceptance by Waters, request an addendum to the selected Plan to add Equipment. Prices in effect at the time of any addition shall apply to the Equipment being added, and the term of such addendum shall bs coterminous with that of the original Plan. 13. Relocation of products. (a) The Customer shall give Waters thirty (30) days written notice prior to any relocation of products covered by on -site support services being provided under this Agreement. (b) Products moved to a location within the contiguous United States shall continue to be serviced under this Agreement. The response time and charges will be adjusted to reflect the new location. (c) Products moved outside the contiguous United States may continue to be serviced under this Agreement, at the option of Waters, The services to be provided and charges for such services shall be subjectto mutual agreement. (d) For Installed products which yalll continua to be serviced, Waters, at its option, may supervise the dismantling and packing of the products and may Inspect and reinstall products at the new location. These services, if provided, shall be at additional charge based on Waters standard service rates in effect at the time. The Customer shall furnish full labor and materials forthe dismantling, packing and placement of the products in the new location. (a) The Customer shall be responsible for any loss or damageto the products during relocation. 14. Cancellation The Plans may be canceled upon thirty (30) days written notice by either party. Cancellation by the customer prior to the expiration of the term of service under the Plan will be subject to a cancellation fee equal to fifteen percent (15%) of the purchase price of the Plan. All refunds will be calculated either by (i) subtracting the value of the services delivered against the PEar from the purchase price of the Plan, or (ii) prorating the value of the Plan; whichever amount is less Far multiple year Plans which are terminated by the customer at the end of a Plan year but prior to the commencement of a subsequent Plan year, a cancellation fee equal to fifteen percent (15%) of the total value of the Plan for the preceding year will be charged to the customer. 15. Merger and Modification. Documents relating to service provided underthe Plans, including any attachments, represent the entire understanding between Waters and the customer and are not transferable by the customer without the prior written consent of Waters. Terms and conditions of any other documents, such as a customer purchase order, are expressly superseded and shall not be accepted by Waters. Ili. Agents, etc. No agent, employee or other representative has the right to modify or expand Water's standard warranty applicable to the Plans or to make any representations other than those set forth in Waters' literature and any such affirmation, representation or warranty, if made, should net be relied upon by Customer and shall not form a part of this quotation. 17. Fair Labor Standards. Waters represents that the Products or services provided hereunder were produced and/or performed in compliance with the requirements of all sections of the Fair Labor Standard Act of 1938, as amended, 18. Equal Employment opportunity 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. The Waters Equal Opportunity Certificate, which is mailed annually to all vendors and —does, is incorporated into this quotation by reference. 19, Modincanans, Wall The contract formed by Customer's acceptance of this quotation may be modified by a writing cloned by both parties, and any breach thereunder may be waived only by a writing signed by the party against whom enforcement thereof is sought. 20. Governing Law The contract formed by Customers acceptance of this quotation shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, U_5_A. 21. Additional Terms and Conditions This quotation is also subject to any Waters Special Terms and Conditions applicable to the Products or Services offered by this quctatron. 22. Arbitration. Any and all disputes or controversies arising under, out of or in connection with the contract formed by Customer's acceptance of this quotation or the sale or performance of the Products or 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 the 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 Distrot Court for the Eastern District of Massachusetts, to whose jurisdiction for such purposes Waters and Customer each hereby irrevocably consents and submits. 23. Force Majeure Waters shall have no liability for failure to perform, or delay in performance, in the delivery of any and all equipment manufactured or sold by Waters including instruments, supplies, components, systems, chemistry, accessories, replacement spare parts, or any and all services provided by Waters, caused by circumstances beyond its reasonable control including, but not limited to, acts of God, acts of nature, floods, fire, explosions, war or military mobilization, United States governmental action or inaction, request of governmental authority, delays of any kind in transportation or inability to obtain material or equipment, acts of other governments, strikes, or labor disturbances. Waters Technologies Corporation Mailstop SA 34 Maple Street Milford, MA 01757 Phone: 800-252-4752 FAX: 508-482-8898 Page 6 of 6 First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188 Page 9 of 9 From: Oualls. Trev To: Allen. Kimber Subject: RE: Contract Amendment - Waters Technologies Corporation Date: Thursday, March 7, 2024 12:00:17 PM Attachments: imaae003.Dna imaae004.Dna imaae005.Dna imaae006.Dna imaae008.Dna Kimber, I don't really understand their problem with using our amendment and renewal, but it's probably fine. We can use the new Addendum they sent with our signature block added. We can just make sure CSO labels it as a renewal and an amendment. I think that should work. Thanks, Trey Qualls Assistant City Attorney City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 Direct: 817-392-7618 / Fax: 817-392-8359 Trey.Qualls4fortworthtexas. gov City of Fort Worth — Working together to build a strong community. ®❑ RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNFV-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Trey Qualls at the City of Fort Worth City Attorney's Office (817) 392-7618. From: Allen, Kimber <Kimberly.Allen@fortworthtexas.gov> Sent: Thursday, March 7, 2024 10:23 AM To: Qualls, Trey <Carl.Qualls@fortworthtexas.gov> Subject: FW: Contract Amendment - Waters Technologies Corporation Trey, Please see below and attached. Is this an matter of semantics, or how should I otherwise proceed? Please let me know. Thank you, and have a great day... Kimber. Ximber .Allen Contract Compliance Specialist Financial Management Division Fort Worth Police Department Phone: (817) 392-4481 Email: kimherly allen(c).fortworthtexas,= ®❑ ®❑ Take our Customer Service Survev City of Fort Worth — Working together to build a strong community Follow Fort Worth *1 *1 * Fuk From: Andrew Tumolo <Andrew Tumolona waters.com> Sent: Thursday, March 7, 2024 5:59 AM To: Allen, Kimber <Kimberly.Allen(@fortworthtexas.eov> Subject: RE: Contract Amendment - Waters Technologies Corporation CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Hi Kimber, Thanks for your patience. See our Legal Teams response: Hi Andrew, we can't use the Amendment the customer provided. We can't amend an addendum. But even beyond that there are other issues: 1. They want to change the Term of the Addendum, but the Addendum doesn't have a Term. The only term is the coverage period of the quote attached as Exhibit A. The same applies to the change they want to make to the dollar amount, it's only in the Exhibit, not in the actual Addendum.. In order to use the Blanket Addendum that they have name Contract #5818, all they have to do is remove the old quote, and attach the new quote, and then add a new signature block. They could give it a new or modified Contract #. But we can't do an amendment to an Addendum. The other option is to use a new quote -specific addendum referencing the current quote. I have drafted one to which they can attach the quote and their signature block. Please forward it to the customer, along with my explanations. Let me know if you have questions. Thanks, Kirsten Andy Tumolo, CISP AISM Account Manager (US & Canada) — Service Sales — Clinical & Forensics Business Unit Waters Corporation phone 508 482 8740 email Andrew Tumoloawaters.com web www.waters.com 34 Maple Street, Milford, MA 01757 USA 0 W H From: Allen, Kimber <Kimberly.Allen(@fortworthtexas.eov> Sent: Wednesday, March 6, 2024 12:36 PM To: Andrew Tumolo <Andrew Tumolo(@waters.com> Subject: [EXT] RE: Contract Amendment - Waters Technologies Corporation ATTENTION: This email originated from outside of the organization. Please do not open any attachments or click any links unless you recognize the sender and know the content is safe. Andy, I'm not sure I understand your below reference. We are amending the original Addendum as stated in the Whereas statement(s), which requires a formal process and signatures. We are also initiating the renewal request at this time since June is a short time away and since the increase to overall compensation becomes effective at the time of the renewal, thereby avoiding the need for add'I paperwork and formal effort. Thus this "First Renewal and First Amendment to Fort Worth City Secretary Contract No. 58188." At any rate, the City requires a formal process when amending a contract as well as when initiating a renewal. Please let me know if you have add'I questions in this regard. Thanks again, and have a great day... Kimber. Ximber .Allen Contract Compliance Specialist Financial Management Division Fort Worth Police Department Phone: (817) 392-4481 Email: kimberlv.allen(a fortworthtexas.aov u 0 Take our Customer Service Survev City of Fort Worth — Working together to build a strong community Follow Fort Worth *1 *1 [#1 Fx-1 From: Andrew Tumolo <Andrew Tumolona waters.com> Sent: Tuesday, March 5, 2024 1:46 PM To: Allen, Kimber <Kimberlv.Allen fortworthtexas.gov> Subject: RE: Contract Amendment - Waters Technologies Corporation CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Hi Kimber, I hope you are well. Thanks for your patience. I was informed by my Legal team no action is needed here as you already have a blanket addendum on file which governs all service contracts. I've added verbiage to the notes section of the plan. Revised quote with note attached here. I believe you are still waiting on the COP Thank you, Andy Tumolo, CISP AISM Account Manager (US & Canada) — Service Sales — Clinical & Forensics Business Unit Waters Corporation phone 508 482 8740 email Andrew Tumolo0waters.com web www.waters.com 34 Maple Street, Milford, MA 01757 USA ON 0 ®❑ From: Allen, Kimber <Kimberly.Allen(@fortworthtexas.eov> Sent: Wednesday, February 28, 2024 3:40 PM To: Andrew Tumolo <Andrew Tumolo(@waters.com> Subject: [EXT] RE: Contract Amendment - Waters Technologies Corporation ATTENTION: This email originated from outside of the organization. Please do not open any attachments or click any links unless you recognize the sender and know the content is safe. Hello again, Andy, Please find attached a PDF of the Amendment between the City of Fort Worth and Waters Technologies Corporation. Please review, sign where indicated, and return at your earliest availability. A copy of the fully executed Agreement will be forwarded to you upon completion. Also, please don't forget to forward a current copy of your Certificate of Insurance reflecting the City of Fort Worth as the Holder for our files. Please let me know if you have any questions. Thanks again, and have a great day... Kimber. Ximber Affien Contract Compliance Specialist Financial Management Division Fort Worth Police Department Phone: (817) 392-4481 Email: kimberlv.allennfortworthtexas.gov Take our Customer Service Survev City of Fort Worth — Working together to build a strong community Follow Fort Worth IN-] IN-] IN-] ®❑ From: Andrew Tumolo <Andrew Tumolo(@waters.com> Sent: Monday, February 26, 2024 6:52 AM To: Allen, Kimber <Kimberly.Allen(@fortworthtexas.eov> Subject: RE: Contract Amendment - Waters Technologies Corporation CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Hi Kimber, Thanks for your email. The new signee would be Andy as seen below in his signature: Andy Qiu Vice President, Commercial Clinical Business Unit phone +1 508 482 3723 mobile +1 816 379 8930 web www.waters.com email andv aivawaters.com 34 Maple Street, Milford, MA 01757 facebook I linkedin I twitter I ouy tube We have a process on our end. Please forward any documents that need to be signed to me and allow me to forward them as needed. Let me know if you have any questions! Andy Tumolo, CISP AISM Account Manager (US & Canada) — Service Sales — Clinical & Forensics Business Unit Waters Corporation phone 508 482 8740 email Andrew Tumolo0waters.com web www.waters.com 34 Maple Street, Milford, MA 01757 USA ®❑ From: Allen, Kimber <Kimberly.Allen(@fortworthtexas.eov> Sent: Thursday, February 22, 2024 4:46 PM To: Andrew Tumolo <Andrew Tumolo(@waters.com> Subject: [EXT] Contract Amendment - Waters Technologies Corporation ATTENTION: This email originated from outside of the organization. Please do not open any attachments or click any links unless you recognize the sender and know the content is safe. Good afternoon, Andy, Just checking in to confirm Timothy D'Souza, Vice President, Americas Field Operation, will be signing the Amendment between the City of Fort Worth and Waters Technologies Corporation, having signed the original contract executed on 10/3/22. Also, please forward a current copy of your Certificate of Insurance reflecting the City of Fort Worth as the Holder for our files. Please let me know, and please let me know if you have any questions. Thank you, and have a great day... Kimber. Ximber ACCen Contract Compliance Specialist Financial Management Division Fort Worth Police Department Phone: (817) 392-4481 Email: kimberlv.allen(a fortworthtexas.eov Take our Customer Service Survev City of Fort Worth — Working together to build a strong community Follow Fort Worth FU-1 FX-1 FX-1 FX-1