AMENDMENT NUMBER FOUR FIVE TO AGREEMENT MA BETWEEN THE COUNTY OF ORANGE AND TECAN US, INC.
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1 AMENDMENT NUMBER FOUR FIVE TO AGREEMENT MA BETWEEN THE COUNTY OF ORANGE AND TECAN US, INC. This AMENDMENT NUMBER FOUR FIVE to Contract number MA (hereinafter AMENDMENT NUMBER FOUR FIVE ) between the County of Orange, a political subdivision of the state of California (hereinafter COUNTY ) and Tecan US, Inc (hereinafter CONTRACTOR ) with a place of business at 4022 Stirrup Creek Drive, Suite 310, Durnham, NC 27703; is made and entered upon execution of all necessary signatures. RECITALS: WHEREAS, COUNTY and CONTRACTOR executed a Contract for Consumable Supplies for EVO Instruments, Contract Number MA (hereinafter ORIGINAL AGREEMENT ), for a one (1) year term of September 15, 2010 through and including September 14, 2011; WHEREAS, COUNTY and CONTRACTOR renewed ORIGINAL AGREEMENT as Contract Number MA (hereinafter AMENDMENT NUMBER ONE ), for one (1) additional one (1) year term of September 15, 2011 through and including September 14, 2012; WHEREAS, COUNTY and CONTRACTOR renewed ORIGINAL AGREEMENT for the period of September 15, 2012 through and including September 14, 2013 as Contract Number MA as well as modified ATTACHMENT A, Scope of Work/Pricing in its entirety (hereinafter AMENDMENT NUMBER TWO ); WHEREAS, COUNTY and CONTRACTOR added DITI LIHA 50uL Condu. FIL 2304 PCE Disposable Tips (Part# ) at $ per case to ATTACHMENT A, Scope of Work/Pricing (hereinafter AMENDMENT NUMBER THREE ); WHEREAS, COUNTY desires to continue receiving services from CONTRACTOR for an additional one (1) year term as well as to add a miscellaneous clause and shipping and handling language and the CONTRACTOR has agreed to provide those goods/services at the rates set forth in this AMENDMENT NUMBER FOUR; WHEREAS, on June 25, 2013 COUNTY and CONTRACTOR added DITI LIHA 50uL Condu. FIL 2304 PCE Disposable Tips (Part# ) at $ per case to ATTACHMENT A, Scope of Work/Pricing due to the addition of a new instrument in the DNA Unit (hereinafter AMENDMENT NUMBER THREE ); WHEREAS, COUNTY and CONTRACTOR renewed ORIGINAL AGREEMENT for the period of September 15, 2013 through and including September 14,
2 as Contract Number MA and increased the not to exceed amount to $65, (hereinafter AMENDMENT NUMBER FOUR ); WHEREAS, COUNTY desires to retroactively modify Contract Number MA and add $4, for the term of September 15, 2012 through and including September 14, 2013 due to a Contract overrun due to Use Tax being charged and paid against the Contract; NOW THEREFORE, in consideration of the mutual obligations set forth herein, both COUNTY and CONTRACTOR agree as follows: 1. ARTICLES I. Items a. Additional Terms and Conditions, Section Term of Contract, of the ORIGINAL AGREEMENT is amended to read in its entirety as follows: 1. Term of Contract: This Contract shall commence upon execution of all necessary signatures, and continue in effect from 9/15/10 through and including 9/14/14, unless otherwise terminated by COUNTY. The period of 9/15/10 through and including 9/14/11 shall be known as Contract number MA The period of 9/15/11 through and including 9/14/12 shall be known as Contract number MA The period of 9/15/12 through and including 9/14/13 shall be known as Contract number MA The period of 9/15/13 through and including 9/14/14 shall be known as Contract Number MA This Contract may be renewed for one (1) separate additional one (1) year term, upon mutual agreement of both Parties. The County does not have to give reason if it elects not to renew. b. ATTACHMENT A, Scope of Work/Pricing, of the ORIGINAL AGREEMENT, is amended to read in its entirety as follows: Contractor shall provide to County the items at the prices as follows: Item # U/M Part # Item Description Price per U/M 1 Case Disposable tips conductive 200ul $ / Case 2 Box Disposable Troughs, 25mL, Polystyrene $ / Box 2
3 Dead Volume approx. 1mL=consumable 3 Box Disposable Troughs, 100 ml, Gray $ / Box Polypropylene. Dead Volume approx. 3.01mL 4 Case uL LiHa disposable tips, conductive $ / Case with filter for Freedom EVO instrument. Blister packaging. 5 Case uL LiHa disposable tips, conductive $ / Case with filter for Freedom EVO instrument. Blister packaging. 6 Box mL disposable troughs for reagents, $ / Box 7 Case Disposable Tips, DITI LIHA 50uL Condu. $ / Case FIL 2304 PCE Miscellaneous items not listed shall be purchased at a not to exceed $ per line. Shipping and handling charges are authorized to be paid against this Contract. II. Delivery Location County of Orange - Sheriff-Coroner s Department 320 N. Flower Street Santa Ana, CA Attn: Maria Manriquez a. ATTACHMENT A, Scope of Work/Pricing, of the ORIGINAL AGREEMENT is amended to add the following: 1. Contract shall not exceed: $46, for the term of September 15, 2012 through and including September 14, 2013, Contract Number MA A true and correct copy of the ORIGINAL AGREEMENT (Contract Number MA ) is attached hereto as Exhibit A and incorporated by this reference. 3. A true and correct copy of AMENDMENT NUMBER ONE (Contract Number MA ) is attached hereto as Exhibit B and incorporated by this reference. 4. A true and correct copy of AMENDMENT NUMBER TWO (Contract Number MA ) is attached hereto as Exhibit C and incorporated by this reference. 5. A true and correct copy of AMENDMENT NUMBER THREE (Contract Number MA ) is attached hereto as Exhibit C and incorporated by this reference. 6. All other provisions of the ORIGINAL AGREEMENT, AMENDMENT NUMBER ONE and AMENDMENT NUMBER TWO and AMENDMENT NUMBER THREE except as amended herein and to the extent they are not inconsistent with this AMENDMENT NUMBER FOUR, remain unchanged and in full force and effect. 3
4 6. A true and correct copy of AMENDMENT NUMBER FOUR (Contract Number MA ) is attached hereto as Exhibit D and incorporated by this reference. 7. All other provisions of the ORIGINAL AGREEMENT, AMENDMENT NUMBER ONE and AMENDMENT NUMBER TWO, AMENDMENT NUMBER THREE and AMENDMENT NUMBER FOUR except as amended herein and to the extent they are not inconsistent with this AMENDMENT NUMBER FIVE, remain unchanged and in full force and effect. 4
5 IN WITNESS WHEREOF, the Parties have executed AMENDMENT NUMBER FOUR FIVE to Contract Number MA *Contractor: Tecan US Inc. By: Print Name: *Contractor: Tecan US Inc. By: Print Name: Title: Date: Title: Date: *If a corporation, the document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or any Vice President. The second signature must be the secretary, an assistant secretary, the Chief Financial Officer, or any assistant treasurers. In the alternative, a single corporate signature is acceptable when accompanied by a corporate document demonstrating the legal authority of the signature to bind the company. County Of Orange A political subdivision of the State of California Sheriff-Coroner Department By: Date: Title: 5
6 Exhibit A ORIGINAL AGREEMENT (Contract Number MA ) 6
7 Exhibit B AMENDMENT NUMBER ONE (Contract Number MA ) 7
8 Exhibit C AMENDMENT NUMBER TWO (Contract Number MA ) 8
9 Exhibit D AMENDMENT NUMBER THREE (Contract Number MA ) 9
10 Exhibit E AMENDMENT NUMBER FOUR (Contract Number MA ) 10
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