The URL can be used to link to this page

Home My WebLink AboutP-24-404 Fisher Scientific LLC.pdf 1-0 County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet•Graphics• Purchasing •Security•Technology O� 1$5 O ORES PROCUREMENT AGREEMENT Agreement Number P-24-404 January 13, 2025 Fisher Scientific Company, LLC 300 Industry Drive Pittsburgh, PA 15275 The County of Fresno (County) hereby contracts with Fisher Scientific Company, LLC (Contractor)to provide lab equipment and supplies in accordance with the text of this agreement and State of Idaho Contract #MA2024001 by this reference made a part hereof. TERM: This Agreement shall become effective immediately and shall remain in effect through February 28, 2029. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. ORDERS: Orders will be placed on an as-needed basis by the Department of Public Health under this contract. PRICES: Per NASPO Agreement#MA2024001. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Two Hundred Thousand Dollars ($200,000.00). DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: Per NASPO Agreement#MA2024001. INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 30 Days. INVOICE TERMS: Net thirty (30)days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. 333 W. Pontiac Way,Clovis,CA 93612/(559)600-7110 The County of Fresno is an Equal Employment Opportunity Employer PROCUREMENT AGREEMENT NUMBER: P-24-404 Page 2 Fisher Scientific Company, LLC January 13, 2025 AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. In the event County audits Contractor per its rights set out in Section 14.1 of the Master Agreement then the following shall apply: a. In calculating any underpayment or overpayment, County shall be required to offset any undercharges against overcharges. b. In the event that County wishes to engage a third-party auditor to perform any audits under this Agreement or related to an RFP, such third-party auditor must execute a confidentiality agreement with Contractor in a form acceptable to Contractor. Contractor reserves the right to reject any third- party auditor that Contractor reasonably believes will use its confidential and proprietary pricing and methods in any manner for the benefit of the third-party auditor, such as benchmarking, and/or the benefit of Contractor's competitors. WARRANTY: Notwithstanding the warranty requirements set out in Section 10.2 of the Master Agreement, the following shall apply to each Product purchased by the Participating Entity under this Agreement: a. Products supplied by Contractor that are obtained by Contractor from an original manufacturer or third-party supplier are not warranted by Contractor, but Contractor agrees to assign to County any warranty rights in such Product that Contractor may have from the original manufacturer or third- party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Contractor have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of(i) normal wear and tear, (ii)accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by County, (iv) use of the Products in a manner for which they were not designed, (v)causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or(vii) use of the Products in combination with equipment or software not supplied by Contractor. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner to the extent caused by Contractor's negligence or willful misconduct under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all third party related claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments to the extent caused by the negligence or willful misconduct of Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, third party related claims, and losses occurring or resulting to any person who may be injured or damaged by the performance, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Per NASPO Agreement#MA2024001. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set P-24-404 Fisher Scientific LLC PROCUREMENT AGREEMENT NUMBER: P-24-404 Page 3 Fisher Scientific Company, LLC January 13, 2025 forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Attachment"A") and (2)Attachment"A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. 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 Agreement to my office via email or USPS. Please refer any inquiries in this matter to Heather Stevens, Purchasing Analyst, at 559-600-7115 or heastevens(abfresnocountyca.gov. FOR THE COUNTY OF FRESNO lckburn Riley Blackburn Datleai 02501.21ly signed 11:00:Riley41a08'00' Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 RBAS P-24-404 Fisher Scientific LLC PROCUREMENT AGREEMENT NUMBER: P-24-404 Page 4 Fisher Scientific Company, LLC January 13, 2025 CONTRACTOR TO COMPLETE: Company: Fisher Scientific Type of Entity: ❑ Individual Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ❑ Corporation ❑ General Partnership 300 Industry Dr. Pittsburgh PA 15275 Address City State Zip 706-951-8257 n/a Ionnie.davis@thermofisher.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Lonnie Davis, Director, Government Title: Print Name &Title: Digitally signed by Lonnie W. Lonnie W. Davis Ill Davislll Signature: Date:2025.01.16,4:5,37-05'00' Signature: ACCOUNTING USE ONLY ORG No.: 56201620 Account No.: 7235 Requisition No.: 5622500068 (08/2022) P-24-404 Fisher Scientific LLC PROCUREMENT AGREEMENT NUMBER: P-24-404 Attachment Page 1 of 1 Fisher Scientific Company, LLC July 23, 2024 ATTACHMENT 'A" Fisher Scientific Company, LLC products and pricing based off State of Idaho Request for Proposal #RFP20232032. Contract Number: State Of Idaho Contract#MA2024001 MA2024001 Term: March 1, 2024— February 28, 2029 Link to State of California Participating Addendum Number 7-24-99-50-04: LPA Contract Details (ca.gov) Link to Contract Information and Documents: Portfolio Contractor- NASPO ValuePoint P-24-404 Fisher Scientific LLC