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Home My WebLink AboutService Agreement - PerkinElmer Health Sciences Inc - Plasma Machine for Water Works and Wastewater13116 COUNTY -CITY BUILDING 227 W. JEFFERSoN BouLEVARD Sou'rit BEND, INDIANA 46601-1833O CITY OFSourti BEND PETE BurrIGIEG, MAY BOARD OF PUBLIC WO.r,I May,8,2018 Kathy Reiter PerlcinElmer Health Sciences, Inc. 710 Bridgeport t Avenue Shelton, ur 06484-4794 RE: Service Agreement Dear Ms. Reiter: PHONE 574/2359251 FAX 5741/ 235-9171 The Board of Public Works, at its, meeting held on May 8, 2018, approved the above referenced agreement regarding an inductively coupled plasma machine for the Water Works/Wastewater Lab to analyze metals in the amount of $7,4 10. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure Michelle Smith, Utilities Roxanne I.,awson, Utilities Emily Leyes, Utilities GARY A. G I LOT SUZANNA M. FRITZBERG ELIZABETfi A, MARADIK JAMf,-,s, A. MUELLER T[ IERESE J. D� ORAIJ ONESOURCE LABORATORY SERVICES Perkin6mer Health Sciences, Inc. 710 Bridgeport Avenue SHELTM T 06484-4794 'USA TEL: (BOO) 762-4000 FAX: (203) 944-4983 Quotation Number Quotation Date 40610817 1 �] 11/20/2017 Your Prior Agreement Quote Expiration Date 35425014 05/22/2018 Customer Contact Your Prior PO Number MICHELLE SMITH 234185 Telephone Number 574-235-5994 QUOTATION - SEE COVERAGE PLANS Site Address: MICHELLE SMITH CITY OF SOUTH BEND WASTEWATER TREATMENT PLANT 3113 RIVERSIDE DR SOUTH BEND IN 46628 USA Site Number 100021642 Payment Terms Net 30 days Line Quantity Model 10 20 30 Coverage Period 05/1012018 to 11/09/2018 Description Fax Number BEOW InvoiLcing Address (if different) CITY OF SOUTH BEND, ACCOUNTS PAYABLE 227 W JEFFERSON BLVD SOUTH BEND IN 466011 USA Customer Number 4013875 Billing Plan Yearly Page Number 1 of 4 List Price DisclUlplift Net Price POLYSCICHILLER POLYSCIIENCE CHILLER 228.00 11,40 2,16.60 05110/2018 to 11109/2018 Serial Number ((321746) Repair Coverage Plan (Parts, Labor, Travel & Phone Support) AS,93PLUS AS93PLUS 1,692.00 84.60 1,607.40 0511012018 to 1110912018 Serial Number (930S3010142) Basic Coverage I PM visit; Parts, Travel, Labor, Phone Support & 5% Training Disc. This instrument is nearing the end of its serviceable, life. As such, Perkin Elmer will offer a service contract for this instrument whereby PerkinElmer will use all reasonable efforts to provide service including a service engineer's travel and labor, but cannot guarantee that all parts, among other items necessary for continued support wiil be available. PerkinElmer will not make additional attempts to procure unavailable parts. Please see our Terms and Conditions for further details. We strongly recommend you contact your sales representative to discuss suitable replacement options. OPTIMA2000DV OPTIMA2000DV 5,880.00 294.00 5,586,00 06/1012018 to 11/0912018 Serial Number (080N3021 101) Basic Coverage 1 PM visit; Paris, Travel, Labor, Phone Support & 5% Training Disc. ONESOURCE LABORATORY 1 )0' SERVICES Perkin For thch)'ctler PerkinElmer Health Sciences, Inc. 710 Bridgeport Avenue SHELTON CT 06484-4794 USA TEL: (800) 762-4000 FAX: (2,03) 944-4983 Quotation Number Quotation Date 40610817 11/20/2017 .— . -J Quote Expiration Date -- r Prior Agreement V5014 05/22/2018 Customer Contact Your Prior PO Number MICHELLE SMITH 234185 Telephone Number 574-235-59,94 QUOTATION - SEE COVERAGE PLANS Site Address: MICHELLE SMITH CITY OF SOUTH BEND WASTEWATER TREATMENT PLANT 3113 RIVERSIDE DR SOUTH BEND IN 46628 USA Site Number 100021642 Fax Number BELOW Invoicing Address (if different) CITY OF SOUTH BEND ACCOUNTS PAYABLE 227 W JEFFERSON BLVD SOUTH BEND IN 46601 USA Customer Number 4013875 Payment Terms Coverage Period Billing Plan Page Number Net 30 days 05/1012018 to 11/09/2,018 Yearly 2of Line Quantity Model Description Net Price Gross Price 7,800.00 Percentage Discount 5.00-% 390.00- INet Price 7,410.00 Note: taxes will be applied to your invoice If applicable ONESOURCE LABORATORY SERVICES Perkin i"or the, Better PorkinElmer Health Sciences, Inc, 710 Bridgeport Avenue SHELTON CT 06484-4794 USA TEL: (800) 762-4000 FAX: (203) 944-4983 =Number Quotation Date 4QOU601'Oa8"107" ' 11/20/2017 ............ ............ Your Prior Agreement Quote Expiration Date 35425014 06/22/2018 Customer Contact MICHELLE SMITH Telephone Number 574-235-5994 QUOTATION - SEE COVERAGE PLANS Site Address: MICHELLE SMITH C11TY OF SOUTH BEND WASTEWATER TREATMENT PLANT 3113 RIVERSIDE DR SOUTH BEND IN 4662!8 USA Site Number 100021642 Payment Terms Not 30 days Your Prior PO Number 234185 Fax Number BELOW Invoicing Address (if different) CITY OF SOUTH BEND ACCOUNTS PAYABLE 227 W JEFFERSON BLVD SOUTH SEND IN 46601 USA Customer (Number 4013875 Coverage Period Billing Plan 05110/2018 to 11109/2018 Yearly Page Number 3 of 4 ONESOURCELABORATORY SERVICES Perkin For the Befler PerkinElmer Health Sciences, inc. 710 Bridgeport Avenue SHELTON CT 06484-4794 USA TEL: (800) 762-4000 FAK (203) 944-4983 Quotation Number Quotation Date 40610817 1112012017 LYour Prior Agreement Quote Expiration Date 35425014 05122/2018 Customer Contact Your Prior PO Number MICHELLE SMITH 234185 Telephone Number 574-235-5994 QUOTATION - SEE COVERAGE PLANS Site Address: MICHELLE SMITH CITY OF SOUTH BEND WASTEWATER TREATMENT PLANT 3113 RIVERSIDE DR SOUTH BEND IN 46628 USA Site Number 1 00021642 Payment Terms Net 30 days Coverage Period 05/10/2018 to 11/0912018 Fax Number BELOW Invoicing Address (if different) CITY OF SOUTH BEND ACCOUNTS PAYABLE 227 W JEFFERSON BLVD SOUTH BEND IN 46601 USA Customer Number 4013875 Billing Plan Yearly Additional Notes- 1, This quotation is subject to the, terms and conditions attached and is valid until the expiration date shown above. 2. Customer is responsible for applicable taxes, including sale, use andlor excise tax unless otherwise noted above. 1 If Preventative Maintenance is covered under your agreement, please indicate any special date requirements below. PM#1 P M#2 If any infornnafion presented on the document is incorrect e.9 Biffing address, serial numbers, please indicate the required changes below: Page Number 4 of 4 PLEASE SIGN THIS MAINTENANCE AGREEMENT QUOTATION AND RETURN ORIGINAL COPY ALONG WITHI YOUR PURCHASE ORDER TO: By Mail: By Fax, 203-944-4,983 PerkinElmer Health Sciences, Inc. OR 710 (Bridgeport Avenue By E-mail: Mail Stop 75 Nelton, CT 06484-4794 YOUR SIGNATURE BELOW CONFIRMS THAT YOU HAVE READ AND UNDERSTAND THE ABOVE STATEMENTS AND THAT THE INFORMATION INCLUDED THEREIN IS CORRECT TO THE BEST OF YOUR KNOWLEDGE. IN ORDER TO AVOID A LAPSE IN SERVICE COVERAGE,, PLEASE FORWARD A PURCHASE ORDER PRIOR TO THE EFFECTIVE START DATE OF THE CONTRACT, Accepted By: Customer Purchase Order N77,7 ql',) 7/ram p,. PerkinElmer' 1"nr the Better PerkinElmer Health Sciences, Inc. ("PerkinElmer") - Service Agreement Terms and Conditions, City of South Bend. 1. TERMS OF AGREEMENT: These Service Agreement Terms and Conditions (this "Agreement') shall govern all orders for and purchases of services and parts under a PerkinElmer Service Plan ("Services") and shall prevail over any pre-printed, standard or other terms set forth in Buyer's purchase order or any other document not signed by an authorized representative of PerkinElmer, which are hereby rejected and shall be void. Buyer's submission of a purchase order or other instrument regarding the purchase of Services in response to PerkinElmer's quotation or any other PerkinElmer document that includes or incorporates these terms shall be deemed acceptance of these terms to the exclusion of any other terms and conditions appearing in or referenced in such purchase order or other instrument. 2. REASONABLE EFFORTS: PerkinElmer will use reasonable efforts under the circumstances to provide Services as quickly as possible. The Services will be scheduled at a time mutually agreed upon by PerkinElmer and the Buyer. Parts and components replaced or otherwise utilized in the repair of the instrument may be either new or refurbished at the discretion of PerkinElmer. 3. TERM: TERMINATION: PerkinElmer may accept or reject at its discretion a purchase order for Services. Unless otherwise expressly stated by PerkinElmer in writing or under the terms of the purchased Service Plan, the initial term of a Service Plan and this Agreement is one year, commencing on the date designated by PerkinElmer in its quotation or otherwise specified to Buyer. A Service Plan may be terminated by either party upon at least thirty (30) days written notice to the other party. If Buyer is past due with respect to any invoices related to gny account with PerkinElmer, PerkinElmer may, upon written notice to Buyer, suspend Services, demand payment for the balance due under this Agreement, and/or terminate this Agreement, In connection with a termination for convenience by Buyer, Buyer's total payment obligation to PerkinElmer under this Agreement shall equal the greater of (i) the total price of Services actually performed and expenses actually incurred in servicing the covered equipment under the Services Plan, calculated at PerkinElmer's sole discretion and (ii) the prorated price of the Service Plan from its effective date to the date of termination, plus 15% of the total fee paid for the underlying Service Plan, not to exceed the total value of the underlying Service Plan. 4. PAYMENT: Payment is due by Buyer upon receipt of invoice. Unless installment payment terms are agreed in writing by PerkinElmer and Supplier, Buyer shall deliver payment in full to the address set forth in PerkinElmer's invoice. Invoices not paid timely are subject to the lesser of fifteen percent (15%) per annum or the maximum prevailing legal interest rate, calculated from date of delinquency through the date payment is made in full. If PerkinElmer retains a collection agency and/or attorney to collect unpaid amounts, PerkinElmer may invoice Buyer for, and Buyer shall pay, all costs of collection including, without limitation, reasonable attorneys' fees. 5. WARRANTY: LIMITATION OF LIABILITY: PerkinElmer warrants that It will provide Services at least In accordance with generally accepted standards prevailing in the instrument repair industry, at the time and place performed. Warranty claims must be made within 90 days after Services are performed. PERKINELMER MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ITS SERVICES, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. PERKINELMER'S SOLE LIABILITY AND RESPONSIBILITY UNDER THIS AGREEMENT FOR BREACH OF WARRANTY IS RE - PERFORMANCE OF THE SERVICES WITHIN A REASONABLE TIME OR RETURN OF THE FEE PAID FOR THE DEFECTIVE SERVICES, AT PERKINELMER'S OPTION. THESE ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL PERKINELMER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED OR OTHERWISE, EVEN IF PERKINELMER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PERKINELMER'S LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED OR OTHERWISE SHALL NOT EXCEED, AND BUYER'S EXCLUSIVE REMEDY IN ANY EVENT SHALL BE LIMITED TO, THE AMOUNT ACTUALLY PAID BY BUYER FOR THE UNDERLYING SERVICE PLAN. 6. EXCLUSIONS: Service Plans do not include software or firmware upgrades, except where specifically included in PerkinElmer's quotation, and do not include replacement of parts, costs or repairs for defects or damages arising from or in connection with (a) abuse, misuse, mishandling, improper or inadequate maintenance, or failure to operate equipment in accordance with applicable specifications or instructions; (b) causes beyond PerkinElmer's reasonable control, including, without limitation, acts of God, power surges or failure, failure or interruption in communication lines, or corrosive Buyer samples; (c) installation of software or interfacing, or use in combination with software or products, not supplied or authorized by PerkinElmer; or (d) electrical work, transportation, modification, relocation, deinstallation, reinstallation, repair or service, performed by Buyer or by persons other than PerkinElmer authorized personnel. Further, parts in contact with any liquid, including but not limited to, seals, filters, gaskets, valves, syringes, tubing, tips, etc., are considered wetted and shall be deemed user replaceable and not covered by any Service Plan, unless otherwise stated in PerkinElmer's quotation. 7. CONSUMABLES: The cost of consumables supplied by PerkinElmer in performing the Services are the responsibility of Buyer unless otherwise stated in PerkinElmer's quotation. Consumables include PerkinElmer's usual and customary parts, supplies and other items which are expendable by their nature or intended use, and those which are listed in the applicable instrument user's manual. 8. INSTRUMENT RECERTIFICATION: PerkinElmer may require instrument recertification on a time and materials basis as a condition to performing Services if an instrument has not been under warranty or a service plan immediately prior to the time of Services. 9. TRAINING: INSTRUMENT RELOCATION: Service Plans do not 'include Buyer training or services related to the relocation of instruments unless otherwise specifically stated in writing by PerkinElmer in any particular case. 10.AsSIGNMENT: GOVERNING LAW: Neither this Agreement nor any Service Plan is assignable or otherwise transferable by Buyer. This Agreement and any underlying Service Plans shall be governed by the laws of the State of Indiana, exclusive of its conflicts of laws rules, and all disputes shall be subject to the exclusive jurisdiction of the courts therein. 11.AMENDMENT: ENTIRE AGREEMENT: No amendment or modification of this Agreement shall be binding unless in writing and signed by an authorized representative of both PerkinElmer and Buyer. This Agreement, together with PerkinElmer's quotation regarding the Service Plan(s) or other services subject to these terms and conditions, and PerkinElmer's description of the Services provided under the Service Plan purchased by Buyer, represents the entire agreement between the parties with respect to the subject matter herein. Service v0203016 When the prospective Contractor is unable to certify to any of the statements heloiv, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH MAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Connecticut } ) SS: Fairfield COUNTY } The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Fonn 2016 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or. contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Contractor agrees not to discriminate against or, intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. 1, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (LC. 5-16-8-1). 1 hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this G day of f 20 Subscribed and sworn to before nie this My Commission Expires 14 U j "?, 0 County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2016 Health Sciences, Inc. &r (Firm) A Contractor/Bidder or Its Agent and Title t A day of µ 20 ,,Notary Public BOARD OF PUBIAC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4127/18 Michelle Smith Department Utilities/Water & WVVTP BPW Date 5/8/18 Phone Extension 5994 - — - ----------- . . .... Required Prior to Submittal to Board Legal X Attorney Name Clara McDaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in Ilength per the City Purchasing Policy Purchasing F-1 uneCK ine /-\ppropriaie aern i ype — Koguirou Torlin ouorrussio"s Z Agreement El Contract F] Proposal ❑ Addendum Professional Services F] Amendment ❑ Bid Opening F-1 Bid Award F-1 Req. to Advertise F] Title Sheet ❑ Quote Opening El Quote Award ❑ Chg Order No. ❑ C/O & PCA No. F-1 PCA E] Ease./Encroach. ❑ Traffic Control El Resolution El Other 0 Claim L_ Required Information Company or Vendor Name Perkin Elmer New Vendor El Yes [:1 If Yes, Approved by Purchasing Z No MBE/BE Contractor Completed E-Verify Form Attached El WBE [J❑ ❑Nos Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Water Works Operating Fund & Wastewater O&M 620,0640,603.31.35 5230) & 641.0630.793.63.35J$21 -qa $7410 6 Months, 5/10/18 — 11/9/18 Manufacturer Service Agreement [I I ncrease $ F1 Decrease $ Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension: 0 im Copy Original z F1 Roxanne Lawson z ❑ Emily Leyes 1:1 1:1