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HomeMy WebLinkAboutP-21-205 Amend 2 Badger Meter Inc.pdf co County of Fresno ! INTERNAL SERVICES DEPARTMENT 1s56�0 Facilities • Fleet•Graphics*Purchasing *Security*Technology AMENDMENT NUMBER TWO (2) Agreement Number: P-21-205 June 11, 2024 Badger Meter, Inc. 4545 West Brown Deer Road Milwalkee, WI 53224 Contract Number P-21-205 covering the purchase of water meters and replacement parts is amended as follows: The contract with your company expires June 30, 2024. The County of Fresno desires to extend this contract for an additional one (1) year effective July 1, 2024 through June 30, 2025. Prices will be firm for the contract period. Amendment provisions shall remain in full force and effect with any contract renewals. The County of Fresno hereby accepts your price increase notice dated May 31, 2024 to be effective July 1, 2024 in accordance with the terms and conditions of our Contract Number P-21-205 and Revised Attachment"A". All orders placed prior to July 1, 2024 will be priced in accordance with current contract pricing. Electronic Signatures. The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to(1) a digital signature; (2)a faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision(b), in the Uniform Electronic Transaction Act(Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this letter to my office via email or USPS. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* CONTRACT NO. P-21-205 Page 2 Badger Meter, Inc. June 11,2024 If you have any questions, please contact Yvette Jamison, Purchasing Technician, at(559)600-7110 or email jamisyCa�fresnocountyca.4ov. FOR THE COUNTY OF FRESNO Digitally signed by Manuel M. Manuel M. Vilanova Vilanova Date:2024.07.09 08:30:30-07'00' Manuel Vilanova Deputy Director 333 W. Pontiac Way Clovis, CA 93612 MV:YJ P-21-205 Amend 2 Badger Meter,Inc.docx CONTRACT NO. P-21-205 Page 3 Badger Meter, Inc. June 11, 2024 CONTRACTOR TO COMPLETE: Company: Badger Meter, Inc. Type of Entity: Individual Limited Liability Company I—Sole Proprietorship Limited Liability Partnership r✓11Corporation General Partnership Signature Matthew B. Gieseke - Assistant Secretary & Proposal Lead 06/26/2024 Print Name and Title Date Signature Charla D. Dury-Assistant Secretary and Pr sal Lead 6/26/2024 Print Name and Title Date Address City State Zip TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS ACCOUNTING USE ONLY ORG No.: 9140 Account No.: 7205 Requisition No.: 4102400055 (8/2022) P-21-205 Amend 2 Badger Meter,Inc.docx P-21-205 Badger Meter Inc. Revised Attachment A June 11,2024 4545 W Brown Deer Road y.._ - --- Badger meter PO Box 245036 �V� Milwaukee,Wisconsin 537.24-9536 414-355-04001800-876-3837 www.badgermeter.com May 31, 2024 Ms. Yvette Jamison Purchasing Technician County of Fresno 333 W. Pontiac Way Clovis, CA 93612 RE: Agreement P-21-205-Amendment 2 Dear Ms. Jamison: In response to your request for an extension of the aforementioned contract, please be advised that Badger Meter will extend said contract for an additional one-year period subject to a price increase of 1.51%. The new contract period will be valid July 1, 2024 - June 30, 2025. Badger Meter has received the Amendment 2 provided by the County. Upon the County's acceptance of the proposed price increase, please update Amendment 2 to reflect the proposed price increase and resend for execution. Please note that this price increase is in accordance with the increase in the Consumer Price Index for All Urban Consumers as reported by the U.S. Bureau of Labor Statistics of the U.S. Department of Labor from October 2023 to March 2024. Any additional terms and conditions remain the same. For this extension, please note payment terms are net 30 days. Prices quoted herein will remain firm if acceptance is made within 120 days. This letter, as well as the general disclosures attached hereto, are incorporated by reference into the agreement between the parties. In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 or by email at proposalspbadgermeter.coin. Additionally, you may contact your Account Manager, Dan Gilliam, by telephone at 916-402-4934 or by email at dgilliamp.badgermeter.com. We appreciate the opportunity to continue to support your metering needs. Sincerely, BADGER METER, INC. Moniq e D. White Assistant Secretary and Proposal Lead P-21-205 Badger Meter Inc. Revised Attachment A June 11,2024 4545 W Brown Deer Road Badger Meter PO Box245036 w Milwaukee,Wisconsin 53224-9536 414-355-04001800-876-3837 www.badgermeter.com C E R T I F I C A T I O N OF SIGNATURE AUTHORITY I certify as follows: By Board Resolution adopted by the Board of Directors of Badger Meter,Inc.and in full force and effect as of this date: The following elected executive officers are,among other things,hereby authorized to execute,amend,and cancel bids and contracts for the sale of products,distributor and representative agreements,bid bonds,surety bonds,contracts,leases and certain other legally binding documents in the ordinary course of business,in the name of Badger Meter,Inc. Kenneth C.Bockhorst Chairman,President and Chief Executive Officer Robert A.Wrocklage Senior Vice President—CFO Lars B.Kristensen Vice President—Global Flow Instrumentation and International Utility Kimberly K. Stoll Vice President—Sales and Marketing Matthew L.Stuyvenberg Vice President—Water Quality&Software William R.A.Bergum Vice President—General Counsel&Secretary Daniel R.Weltzien Vice President-Controller Pursuant to the Power granted by the Board of Directors,the following elected non-executive officers are hereby authorized to execute,amend,and cancel bids,bid-related contracts and documents,requests for proposals and quotes,and all other bid- related documentation in the name of Badger Meter,Inc. Wayne Dennis Assistant Secretary Senior Director-International Sales&Marketing Charla D.Dury Assistant Secretary Proposal Lead—Bids and Contract Administration Nicholas J.Gemmell Assistant Secretary Director- Senior Legal Counsel Matthew B.Gieseke Assistant Secretary Proposal Lead—Bids and Contract Administration Shauna A.Griffin Assistant Secretary Sr.Director—Utility Sales David A.Miller Assistant Secretary Director—Legal Counsel Rachel J.Meyer Assistant Secretary Proposals Manager—Bids and Contract Administration Jessica A.O'Malley Assistant Secretary Director—Turnkey Operations Kavin Tedamrongwanish Assistant Secretary Director—Legal Counsel Monique D.White Assistant Secretary Proposal Lead—Bids and Contract Administration BY: May 13,2024 Date William R.A.Bergum, Vice President-General Counsel&Secretary Badger Meter,Inc. 081518 P-21-205 Badger Meter Inc. Revised Attachment A June 11,2024 GENERAL DISCLOSURES CONFIDENTIALITY STATEMENT The information contained herein is to be considered confidential and proprietary to the extent allowable by law. ©2024 Badger Meter, Inc. All rights reserved. DISCLOSURE After the extension period ends on June 30, 2025, Badger Meter reserves the right to increase pricing based on the Customer Price Index(CPI)for All Urban Consumers at the time of renewal. If applicable, sales tax and freight will be calculated based on rates and tax status in effect at the time of invoicing. Due to continuous improvements and redesign of Badger Meter products and technology solutions, Badger Meter reserves the right to provide our newest product solutions as an alternative to the proposed products provided they are in conformance with the requirements of the specifications and do not exceed the prices quoted. P-21-205 Badger Meter Inc. Revised Attachment A -- June 11,2024 - Badger Meter Domestic Quotation --- Quotation No.3621159 Badger Meter Inc. 4545 W Brown Deer Road Milwaukee WI 53223 PO Box 245036 Milwaukee WI 53224-9536 Created Date 04-29-2024 To Customer ID 00041401 FRESNO COUNTY WTR DEPT 2220 TULARE STREET-6TH FLOOR Cust Ref#Extension 2 FRESNO California 93721 Pricing Effective Dates 07-01-2024- 06-30-2025 Salesperson Proposal Subject Shipping Terms/INCO Terms Payment Terms 007435 DAN GILLIAM METER UPGRADE RETROFIT PREPAY/NO CHARGE For NET 30 DAYS PROJECT SHIPMENTS>$35,000 FCA FACTORY Line# Description Qty Unit Net Price Line Totals USD USD 1 2390 79.18 189,240.20 BMI Part No.: 101-3771 Cat String: R4-BA1-E1CA-2B1-9AE-NX-XX-T2-XX-BOA Description: REG 4, M25, HR-E LCD,4CXN2 ORION, PL Lid/Shrd-GRY,Trx Scrw, 9D-0.01 Gal, SN YR 9D in,TT CblShld-5', BMI STD,24 PACK, 2 2390 139.07 332,377.30 BMI Part No.: 103-9055 Cat String: E4-4E-AM-AG-T1AA-B0A Description: EP Only, For Enc, ORION CELL C,Thru Ld Instl Kit,TT CblShld-8in,Grnd/ Ocean-Pause, BMI STD,24 PACK, 3 293 154.80 45,356.40 BMI Part No.: 112-1963 Cat String: E4-4E-AYAG-T1AA-BOA Description: EP Only, For Enc, ORION CELL HLD,Thru Ld Instl Kit,TT CblShld-8in, Grnd/Ocean-Pause, BMI STD,24 PACK, 4 362 117.75 42,625.50 BMI Part No.: 103-1009 Cat String: E4-4E-DA-AF-T1AA-B0A Description: EP Only, For Enc, ORION ME, Pipe Instl Kit,TT CblShld-8in, BMI STD, 5 362 1.27 459.74 BMI Part No.:69262-112 Description: FIBERGLASS ROD 12"SUNGUARD II-POINTED Subtotal-USD 610,059.14 Total Price-USD 610,059.14 Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site:https://www.badgermeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here:https://badgermeter.com/service-units-terms-and-conditions Page 1 of 2 P-21-205 Badger Meter Inc. Revised Attachment A -- --_ June 11,2024 — '\ Domestic Quotation Badger Meter - Quotation No.3621159 Notes and Assumptions If applicable,sales tax and freight, if included on the proposal,is an estimate and will be recalculated based on rates and tax status in effect at the time of invoicing. To expedite the order entry process,please ensure the following is noted on your purchase order:billing address, shipping address, purchase order number,quantity,price,payment terms,quotation number,and the vendor is listed as Badger Meter, Inc. Please send all purchase orders to the contact that prepared this quotation for you. Actual lead time to be provided at time of order. Badger Meter provides certification files to help manage meter and endpoint inventory and to maintain meter accuracy data.The standard method of delivery for this format is via electronic mail.Any deviations from our standard format,or any custom file formats, will be considered on a time and material basis. Due to continuous improvements and redesign of Badger Meter products and technology solutions, Badger Meter reserves the right to provide our newest product solutions as an alternative to the proposed products provided they are in conformance with the requirements of the specifications and do not exceed the prices quoted. Thank you for your business! Estimated ship dates subject to change based upon component availability,as a result of global supply chain constraints,or credit review. This acknowledgment is made subject to the terms&conditions found on our web-site:htt S7/lwww.badgermeter.com/terms-and-conditions. Terms and conditions related to service units,training,and professional services can be found here: ttps: a germeter.com service-units-terms-an -conditions Page 2 of 2 P-21-205 Badger Meter Inc. Revised Attachment A June 11,2024 County of Fresno, Agreement P-21-205-Amendment 2, May 31, 2024 SMART WATER IS BADGER METER Trademarks appearing in this document are the property of their respective entities.Due to continuous research,product improvements and enhancements.Badger Meter reserves the right to change product or system specifications without notice,except to the extent an outstanding contractual obligation exists. ©2024 Badger Meter,Inc.All rights reserved. www.badgermeter.com The Americas I Badger Meter 14545 West Brown Deer Rd I PO Box 245036 1 Milwaukee,WI 53224-9536 1 800-876-38371 414-355-0400 Mexico I Badger Meter de[as Americas,S.A de C.V.I Pedro Luis Ogazon N°32I Esq Angelina N°24 I Colonia Guadalupe Inn I CP 01050I Mexico.DF I Mexico i+52-55-5662-0882 Europe,Eastern Europe Branch Office(for Poland,Latvia,Lithuania,Estonia.Ukraine,Belarus)I Badger Meter Europe I ul.Korfantego 6 1 44-193 Knurow I Poland 1+48-32-236-8787 Europe,Middle East and Africa I Badger Meter Europa GmbH I Nurtinger Sir 76 172639 Neuffen I Germany 1+49-7025-9208-0 Europe.Middle East Branch Office I Badger Meter Europe PO Box 341442 1 Dubai Silicon Oasis,Head Quarter Building,Wing C,Office#C209 I Dubai/UAE 1+971-4-371 2503 I Slovakia I Badger Meter Slovakia s.r.o.I Racianska 10910 331 02 Bratislava.Slovakia 1+421-2-44 63 83 01 Asia Pacific I Badger Meter 180 Marine Parade Rd 1 19-07 Parkway Parade I Singapore 449269 1+65 63464836 f Switzerland I Badger Meter Swiss AG I Mittelhoizerslrasse 8 13006 Bern I Switzerland 1+41-31-932 01 11