First_Amendment_-_190-0442-N(BW)_fully_executed_4.3.22.pdf

Rev 02-2018 PINELLAS COUNTY PURCHASE AMENDMENT

FIRST AMENDMENT

This Amendment made and entered into this ______ day of ______________, 2022, by and between Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as “County,” and Hach Company, Loveland, CO hereinafter referred to as “Contractor,” (individually referred to as

“Party”, collectively “Parties”).

WITNESSETH:

WHEREAS, the County and the Contractor entered into an agreement on April 27, 2021, pursuant to Pinellas County Contract No. 190-0442-N(BW) (hereinafter “Agreement”) pursuant to which the

Contractor agreed to provide Testing Equipment & Laboratory Supplies for County; and

WHEREAS, Section 6 (“Term of Agreement and Spending Cap”) of the Agreement permits modification by mutual written agreement of the parties; and

WHEREAS, the County and the Contractor now wish to modify the Agreement in order to provide for Testing Equipment & Laboratory Supplies, at the same total contract expenditure, terms, and conditions;

NOW THEREFORE, the Parties agree that the Agreement is amended as follows:

1. Exhibit A (“PAYMENT SCHEDULE”) is hereby deleted in its entirety and replaced with the following revised Exhibit A (“PAYMENT SCHEDULE”) attached hereto as Exhibit A.

2. Section 7 (“CATALOG PRICING”) is hereby deleted in its entirety and replaced with the following revised Section 7 (“CATALOG PRICING”):

CATALOG PRICING – As of the execution day of this Goods Agreement, Hach Company will enter into a multi-year agreement with Pinellas County, whereby Hach Company will provide certain electronic catalog hosting and management services to enable eligible County requisitioners to access a central online website to view and/or shop the goods and services available from current

Hach Company product pricing, as provided in their online catalog. The central online website is referred to as the Hach: Water Quality Testing and Analytical Instruments: https://www.hach.com/

Hach Company will have visibility in the online ordering system, as the official page is maintained and updated by the vendor on a daily basis.

3rd April https://www.hach.com/

Pricing is based on a fixed seven (7) percent discount off the most current manufacturer’s suggested retail price list (MSRP). The fixed seven percent discount shall be honored for all orders at the time which the order is placed. Hach Company shall apply the fixed seven percent discount toward the categories listed in Exhibit A.

Hach Company will maintain a fixed firm MSRP discount of seven percent for all County purchases for the effective period of the agreement.

It is the vendor’s responsibility to maintain current MSRP pricing as listed through their official page.

If products on MSRP are offered at lower price or sale promotion, the County shall receive the reduction if lower than the discount established by bid.

3. Except as changed or modified herein, all provisions and conditions of the original

Agreement and any amendments thereto shall remain in full force and effect.

Each Party to this Amendment represents and warrants that: (i) it has the full right and authority and has obtained all necessary approvals to enter into this Amendment; (ii) each person executing this

Amendment on behalf of the Party is authorized to do so; (iii) this Amendment constitutes a valid and legally binding obligation of the Party, enforceable in accordance with its terms.

IN WITNESS WHEREOF the Parties herein have executed this First Amendment as of the day and year first written above.

PINELLAS COUNTY, FLORIDA

by and through its Purchasing Director

CONTRACTOR:

Hach Company

Merry Celeste, Division Director, Purchasing & Risk Management

Authorized Signature

Printed Authorized Signature

Title Authorized Signature

Director, Global Sales & Projects Enablement

Mary Baird aty104845

AATF

EXHIBIT A – PAYMENT SCHEDULE

Pricing is based on a fixed seven (7) percent discount off the most current manufacturer’s suggested retail price list (MSRP). The fixed seven percent discount shall be honored for all orders at the time which the order is placed. Hach Company shall apply the fixed seven percent discount toward the categories listed below:

Pinellas County Discount Schedule for Goods Agreement 190-0442-

N(BW)

HACH PRODUCT CATAGORIES DISCOUNT

Hach Lab Accessories/Consumable parts (e. g. Pipette Tips) 7.00%

Hach Lab Chemistries (includes test kits) 7.00%

Hach Lab Resale (Eg. Crison, TitraLab, Micro Apparatus) 7.00%

Hach Lab Micro (Eg. Prepared media, BART, Colitag, mColi) 7.00%

Hach Lab Service Parts 7.00%

Hach Lab Service Contracts & Fees 0.00%

Sigma Sampler Instruments (Incl. Electrodes, Sensors, Documentation, Hardware) 7.00%

Sigma Sampler Accessories/Consumables 7.00%

Sigma Sampler Chemistries 7.00%

Sigma Sampler Service Parts 7.00%

Sigma Sampler Service Contracts & Fees 0.00%

Hach Process Instruments (Incl. Probes, Electrodes, Sensors, Documentation) 7.00%

Hach Process Accessories/Consumable parts 7.00%

Hach Process Chemistries 7.00%

Hach Process Service Parts 7.00%

Hach Process Service Contracts & Fees 0.00%

IIM Software (WIMS JobCal etc) 0.00%

IIM Subscriptions (WIMS JobCal etc) 0.00%

IIM Service Contracts & Fees 0.00%

Claros Service Contracts & Fees 0.00%

All Homeland Security Process 0.00%

Orbisphere Instruments (includes Sensors, Documentation, Hardware &

Software) 7.00%

Orbisphere Accessories 7.00%

Orbisphere Chemistries 7.00%

Orbisphere Service Parts 7.00%

Orbisphere Process Service Contracts & Fees 0.00%

Polymetron Instruments (includes Sensors, Documentation, Hardware &

Software) 7.00%

EXHIBIT A – PAYMENT SCHEDULE

Polymetron Accessories/Consumable Parts 7.00%

Polymetron Chemistries 7.00%

Polymetron Service Parts 7.00%

Polymetron Service Contracts & Fees 0.00%

AppliTek Instruments (includes Documentation, Hardware & Software) 7.00%

AppliTek Accessories/Consumable Parts 7.00%

AppliTek Chemistries (3rd Party but will include) 7.00%

AppliTek Service Parts 7.00%

AppliTek Service Contracts & Fees 0.00%

Lachat (Instruments and all except service parts) 7.00%

Lachat Service Parts 7.00%

Lachat Service Contracts & Fees 0.00%

Radiometer (Instruments and all except service parts) 7.00%

Radiometer Service Parts 7.00%

Radiometer Service Contracts & Fees 0.00%

Flow Sigma (Incl. Instruments, Consumables, Hardware, Documentation, Software) 0.00%

Flow Sigma Software 0.00%

Flow Sigma Service Parts Flow 0.00%

Flow Sigma Service Parts Contracts & Fees 0.00%

Flow Marsh (Incl. Instruments, Consumables, Hardware, Documentation, Software) 0.00%

Flow Marsh Software 0.00%

Flow Marsh Service Parts Flow 0.00%

Flow Marsh Service Parts Contracts & Fees Flow 0.00%

Hach Company will maintain a fixed firm MSRP discount of seven percent for all County purchases for the effective period of the agreement.

It is the vendor’s responsibility to maintain current MSRP pricing as listed through their official page. If products on MSRP are offered at lower price or sale promotion, the County shall receive the reduction if lower than the discount established by bid.