HomeMy WebLinkAboutR-2020-017 Purchase of Trace Metals Analysis Instrumentation from Agilent Technologies, Inc.A RESOLUTION
RESOLUTION NO. R-2020-017
authorizing the sole source purchase of a trace metals analysis instrument
from Agilent Technologies, Inc for the City of Yakima Wastewater
Treatment Plant laboratory
WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal
Code Chapter 1 80 generally requires that purchases over $50,000 be done by competitive
bidding, subject to certain exceptions, and
WHEREAS, the law recognized a "sole source" exception from these competitive bid
requirements when, due to unique specifications and requirements, it would be futile to utilize
competitive bidding, and
WHEREAS, the City of Yakima owns and operates trace metals analysis instrumentation
to meet NPDES permit requirements for biosolids and Pretreatment industrial wastewater
monitoring at the Wastewater Treatment Laboratory and the need for replacement of the
instrumentation has been identified, and
WHEREAS, the Purchasing Division ran a "Notice of Intent to Sole Source" in the Yakima
Herald -Republic on 9/19/19 and 9/20/19 and no vendor came forth to compete for this equipment;
and
WHEREAS, three other vendors were contacted to see if they could provide the unique
combination of hardware and software features for high data quality, usability, and cost -efficiency
of the Agilent instrument, and it was confirmed they could not; and
WHEREAS, pursuant to RCW 39 04 280 (1)(a), any requirement for competitive bidding
for the acquisition of the above -described instrument is hereby waived by adoption of this
Resolution, due to the fact that:
(a) Though there are other manufactures of metal analysis instruments in the market, it is
documented that the Agilent is the only manufacturer that provides a one-piece
permanently aligned vertical torch with integrated gas connections, which is required
by the wastewater laboratory because
1) it has a five -times longer life -span than horizontal torches, and
2) there are no time-consuming torch alignment routines or reassembling of gas
connections and breakable quartz pieces as in competitors with vertical torch
alignments, and
3) the purchase of an additional air compressor is not required to provide clean house
air; and
(b) The Agilent instrument comes with easy -to -use software with fitted background
correction that enables accurate analysis without repeated user intervention and has
a semi -quantitative function, not available through other manufacturers, that measures
all elements in every sample with no additional effort; and
(c) The Agilent instrument has the shortest run-time for each sample and a hermetically -
sealed detector that does not require a constant purge of ultra -high purity (UHP) argon,
whether the instrument is on or off, which utilizes 33% less UHP argon, and
(d) The Agilent instrument has an add -on accessory that further lowers detection limits of
several trace metal elements, and
(e) The instrument is clearly and legitimately limited to a sole source of supply; and
WHEREAS, Agilent Technologies, Inc has agreed to provide the instrument and a 5-
year total service contract for $111,253 as included in the attached quotation, and
WHEREAS, the City Council finds that it is in the best interests of the City to approve the
purchase of the trace metals analysis instrument described above, and that such approval will
enable the City to continue to meet regulatory permit requirements for biosolids and industrial
effluents, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Council finds and determines that the purchase of a trace metals
analysis instrument is clearly and legitimately limited to a sole source of supply, justifying the
waiver of competitive bidding in this acquisition, which bidding requirements are hereby waived
Section 2. The purchase and installation of the trace metals analysis instrument, as
described above, for an amount not to exceed of $111,253 is approved
Section 3. The City Manager, or his designee, is hereby authorized to accomplish the
purchase of such instrumentation, and to execute any and all documentation to accomplish
such purchase
ADOPTED BY THE CITY COUNCIL this 4th day of February, 2020
ATTEST
Patricia Byers, M yor
Sonyk_Olaar Tee, City Clerli `
`1 •v
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/*:4..'•—,,' '--1- t 411ftib,
City of Yakima/Yakima County 4116.:..:}.....
i 7 i ' r*, • ii;
V*.''. SOLE/SINGLE SOURCE JUSTIFICATION . ...*. . ..... ..:,............-
0 , -4,
Revised January 2018 'A/KC ••,,
Your Name Jennifer Cleary Your Department/Division Wastewater
Your Phone 509-575-6133 Requisition Number PR 36554
Requested Vendor Agilent Technologies, Inc. Cost Estimate (Including TAX) 111,252.64
Vendor's Address Vendor e-mail nancy.kawai@agilent.com
City, State&Zip 5301 Stevens Creek Boulevard &Website www.agilent.com
Vendor Contact Name Nancy Kawai Vendor Phone 425-281-5516
1. ARE FEDERAL FUNDS BEING USED? r YES (i' NO
If Federal Funds are bing used, a Cost Price Analysis, prior to requesting Sole Source, MUST also be
attached. (See City/County Purchasing Manual for form).
2. What are you purchasing? Describe product,service or system. Attach all information (Quotes, etc.).
See Attachments.
*** Below are eligible reasons for sole source. Check all boxes below that apply to your sole
source situation and attach any useful documents to justify the sole source. List who you
contacted, what they said and how you verified their accuracy.
D Compatibility/Standardization to existing City/County standard or to existing equipment,
inventory,systems, data, programs or service. Describe. List efforts to find other sources(attach
documentation, e.g. Internet Screenshots, etc.).
0 Patented Product. Attach documentation to confirm propriety(patent letter, etc.) and describe why the
patented features are critical to your operation.
El Only Authorized Service Provider, Repair and/or Warranty Services.Attach proof in writing from the
MANUFACTURER(not the vendor) confirming there is only one dealer authorized to sell/service in our
area.
0 Unique design: Requires unique features that are essential, aesthetic requirements, or not possible to
match to existing design or equipment. Document the unique specifications that are needed which drove
the research in finding a product that fits the specific needs of your department. Explain why these
features are critical to your operation.
Is written certification attached? r YES (' NO
Version 1/24/18 Clear Form Page 1 of 3
]� Special Market conditions: Can be used to purchase items at auction (RCW3Q.3D.045) orAr items
� that are offered at a very favorable price and will be sold before and entity will have a chance to
complete the bidding process (e.g. a flood is coming and you must obtain sandbags immediately), or
only one supplier can meet required delivery date (describe why the delivery date is critical and list
efforts to find other suppliers hz meet the delivery daba).
Other Please Describe
See attachment
Unique Combination of Performance Characteristics
The Agilent Technologies, Inc. 5800 ICP-OES offers a unique combination of features for high data
quality, usability, and coot-ef5danuy.
�
Data Quality: The 5800 ICP-OES combines vertical torch position (for high matrix tolerance) and dual
view capabilities (axial and radial, for wide dynamic range and low detection limits).The detector on the
5800 has 98%wavelength coverage from 167—785 nm;this is important for measure confirming
wavelengths to achieve high data confidence.
Usability: The 5800 has a one-piece, permanently aligned torch that does not require realignment after
installation. This ensures optimum and consistent signal collection. The operating software is easy to
use, including Fitted Background Correction that enables more accurate peak integrations without
repeated user intervention. The operating software includes a semi-quantitative function (i.e.,
|nteUi[)uont)that can measure all elements in every sample with no additional effort.
Operating Cost: The vertical torch position results in approximately 5X longer lifetime compared to a
horizontally-mounted torch. The 5800 has the shortest run time for each sample (axial and radial in one
method). The 5800 has a hermetically-sealed detector that does not require a constant purge of argon,
even when the instrument is not in use. These features result in lower consumption of high-purity argon.
3' Us this product/service available only through one vendor? [- YES C NO
If yes, attach documentation that supports the screening process you performed to confirm. (e.g. Internet Snnmunohudo. edoj
No. See attachments.
4' Is this a one-time purchase? (a' YES [— NO
If NO, explain.
,
6' Why hm this a sole source vendor?
(tell the story).
See attachments.
6' What efforts were made%m assure the City/County is receiving the lowest on best price possible?
Describe and attach e document showing due diligence.
See attachments.
STATEMENT OF NEED/CONFLUCTOF INTEREST
' My division's recommendation for sole source is based upon an objective review of the good/service
being required and appears to be in the best interest of the City/County. I know of no conflict of interest
onmy part or personal involvement in any way with this request. No gratuities, favor, orcompromising
action have taken place. Neither has my personal familiarity with particular brands, types of equipment,
� materials o,firms been o deciding influence onmyrequest to sole source this purchase when there are
vom|vn1/2*no Page 2of3
�
other known suppliers to exist. 7
kt 1 fy— I i3
Signature of Requester Ci Date I 10
Signature of Division Manager Date I./13/c9-C-12-ej)
Date i Signature of Department Head
ff.)/.?
Signature of approval by
Purchasing Manager Date 0
Approval by Executive Date
Version 1/24/18 Clear Form Page 3 of 3
8
n
1' Are federal funds being used?
No,federal funds are not being used.
2. What are you purchasing?
The VVVVTP Lab is purchasing an |CP-OES(inductively Coupled Plasma-Optical Emission Spectrometry)
instrument for trace metal analysis (see list below) on biosolids and Pretreatment industrial wastewater
samples. Methods EPA GO1OD& EPA 2U0.7 Rev 4.4 will be used, respectively.
Antimnony(Aq, S) Chromium /Aq,S\ Manganese (5) Si|ver(Aq, S)
Arsenic(Aq, G) Copper/Aq,S\ Molybdenum (Aq, 5) Sodium (5)
Beryllium (4q, 6) Iron (Aq,S) Nickel (Aq, S) Thallium (Aq, S)
Calcium (S) Lead (Ao S) Potassium (S) Zinc(Ao S)
Cadmium (AgS) Magnesium (S) Selenium (Aq,S)
|CP-OES ban analytical technique used for the detection of chemical elements. It is type of emission
spectroscopy that uses the inductively coupled plasma to produce excited atoms and ions that emit
electromagnetic radiation at wavelengths characteristic of a particular element. The intensity of this
emission is indicative of the concentration of the element within the sample.
Nancy Kawai from Agilent Technologies, Inc. was contacted. She provided an initial quote for the ICP-
OES ($94,552.78)and a second quote to compare the costs mf replacing the two atomic absorption (AA)
instruments currently in operation ($98,387.64). The advantage of the |[P'OE8 is that all elements are
analyzed simultaneously versus one element ata time on the AAs. Since costs are no more than
replacing both AA's and the ICP-OES will save a significant amount of analysis time,we chose to proceed
forward with acquisition ofan |CP'OES. The current quote of$111,252.64 from 11/22/2O19 includes S
total years of the Bronze Govern nnent/Academic Service plan.
Nancy has provided the A8i|ent SQOO |CP-OES unique design features below. In addition,the quote,
email communications, brochures, application notes, references, and redacted quotes are attached.
Nancy Kawmi, PhD
Account Manager,Atomic Spectroscopy(80\. OR. |D. MT)
Life Science and Chemical Analysis
Agi|entToohno|ogiou. Inc.
M: +1 425281 5518 1 w^mmv.ogi|ent.cnm
"Other: Unique Combination of Performance Characteristics"
The S8OU |CP'OES offers a unique combination of features for high data quality, usability, and cost-
efficiency.
Data Quality:The 5800 |[P-]ES combines vertical torch position (for high matrix tolerance)and dual
view capabilities(axial and radial,for wide dynamic range and low detection limits).The detector on the
S80O has 9B96 wavelength coverage from 167-78Snnn; this is important for measure confirming
wavelengths to achieve high data confidence.
10
Usability:The S8OO has aone-piece permanently aligned torch that does not require realignment after ^
installation.This ensures optimum and consistent signal collection.The operating software is easy to
use, including Fitted Background Correction that enables more accurate peak integrations without
repeated user intervention.The operating software includes a semi-quantitative function that can
measure all elements in every sample with no additional effort.
Operating Cost:The vertical torch position results in approximately 5X longer lifetime compared to a
horizontally-mounted torch.The 5800 has the shortest run time for each sample (axial and radial in one
method).The 5800 has a hermetically-sealed detector that does not require a constant purge of argon,
even when the instrument is not in use.These features result in lower consumption ofhigh'purity
argon.
3' |s this product/service available only through one vendor?
No. The lab has gathered information from four different vendors to compare features, options, and
pricing. Other labs known to the City of Yakima have independently provided data sets and opinions on
ICP-OES instruments.After thorough consideration,the Lab has decided that only the Agilent 5800 can
provide the required combination of data quality,efficiency, and ease of use. Furthermore,Agilent has
local service in the northwest and a large network for ongoing applications and instrument support.
4' Is this a one-time purchase?
Yes.
S. Why io this a sole source vendor?
The Agilent Technologies, Inc. 5800 ICP-OES offers the best combination of features and has the best
reference recommendations when compared to lCP-OES instruments from Thermo Scientific, Perkin
Elmer, and Teledyne Technologies. |n addition to the unique combination of features described in#2
above,Agilent references had said that they received quality and responsive field service and support,
which is often invaluable.
When comparing the Agilent 5800 to the iCAP 7400 by Thermo Scientific,the iCAP 7400 is equipped
with a horizontal torch while the Agi|entS8OD has a vertical torch. Horizontally oriented torches have on
overall shorter life span. In addition,the required exhaust system must meet a minimum flow of 260
cubic feet per minute,which ia much higher than the other systems. Later inJO2O,Thermo Scientific '
vvi|| re|easethe |ateot|CP'C)ESnomde|thatm/i|| have |om/erexhaustrequirements, issnma||er, sndconnes
with semi-quantitative software. However,this model is not currently available. References also stated
that Thermo Sdendfio's field service was not optimal.
Though the Avio 500 by Perkin Elmer has a vertical torch,the instrument is 360 lbs., which is about 120
|bs. more than the other instruments. This would potentially require adding additional support tothe
countertop where the instrument would be set up or purchasing an Avio bench quoted at$2,441.60. In
addition, clean house air ora compressor isrequired. Since the lab is not equipped with clean house air,
an additional compressor would need tobepurchased. The torch ia also in multiple pieces os shown in
the comparison table. Agilent's 5800 ICP-OES is equipped with a torch that is one piece (Agilent Patent
� US2D13/O1373Z4 Al)that is permanently aligned once inplace. This means there are no time-
consuming torch alignment routines or reassembling of gas connections and breakable quartz pieces as
�
11
with the Avio 50 by Perkin Elmer. A reference in Portland has stated that their previous Perkin Elmer
|[P was terrible to work with. In addition, research has been more difficult since the local sales
representative has not been as responsive as the other sales representatives.
The Prodigy |CP'OESfnom Teledyne instruments has the largest footprint, being 4feet in length. It
also has the horizontal torch, which will not have as long as |ifespan. Though the Prodigy does not
require an additional compressor, it does not offer the unique combination of features that theAgi|ent
S8OO |CP-OESdoes. References were requested but none were provided, and thus it was difficult to
determine if field service and support isoptimal.
When comparing the features, options, pricing, and support service,the Agilent 5800 ICP-OES offers the
best combination of performance characteristics while meeting the WWTP Lab's needs.
6. What efforts were made to assure the City/County is receiving the lowest for best price possible?
Four ICP-OES options were considered (Agilent Technologies, Inc.,ThermoFisher Scientific, Perkin Elmer,
Bk Teledyne Instruments, |nc.) Quotes were provided and references were contacted. ACunnparison
Table (see attached) summarizes the instrument features, quotes, and reference comments.
In addition,Agilent has provided three (3) redacted invoices for recent sales of their previous model,the
S11O |CP'(]ES, in the northwest. The discount offered to the City of Yakima is equal toor better than
these comparable sales.
~
13
I uotation
Agilenerschnologies
Quote No. Create Date Delivery Time
Mrs. Jennifer Cleary
3040082 11/22/2019 4 Weeks 1 of 6
Lab Coordinator
Wastewater ' Contact Mona no. Valid to
City of Yakima
Nancy Kawai 4252815516 (1, 01/21/2020
2220 E Viola Ave
YAKIMA WA 98901-9505 To place an order: Call 1-800-227-977 Option 1
For Instruments Fax : 302-633-8953
Email : LSCAinstrumentsales@agilent,corn
For Consumables Fax : 302-633-8901
Email : CAG_sales-NA@aglient.com
For Genomics Fax : 512-321-3128
Email : orders@agilent.com
For additional instructions, see last page
5800 VDV ICP-OES with 5 years Bronze Service
Unit Wended
Ust Discount Net
Item Product/Description Qty!Unit Price Amount PtiCS
1000 G6016AA 1.000 EA 98,002.00 USD 31,380.64- 66,641.36
Agilent 5800 VDV ICP-OES. PC controlled Vertical Dual View Inductively Coupled Plasma - Optical Emission Spectrometer.
With the following configuration°
QTY of Easy Fit torch 1
Ship-to Country USA
Add additional ICP-OES Easy Fit DV torch
Add ICP Expert PRO Feature pack 01 IQ
Delete PC, monitor and printer
Installation (44K)
Familiarization at Installation (44L)
1 Year SW Update/Phone Assist (44W)
Special discount of 32.00 % is applied.
2000 5190-7001 1.000 EA 93.10 USD 29.79- 63.31
Calibration blank solution 5 percent HNO3 for
Special discount of 32.00 % is applied.
3000 6610030100 1.000 EA 428.00 USD 136.96- 291.04
Bottle ICP-OES Wavecal soln 500mL 5 ppm
ICP-OES wavelength calibration solution;
500 mL, contains 5 mgfL Al, As, Ba, Cd,
Co, Cr, Cu, Mn, Mo, NI, Pb, Se, Sr, Zn
and 50 mg/L K in 5 % HNO3 + tr HF
14
••• uotation
Agilent Technologies
Quote No. Create Date Delivery Time Page
Mrs. Jennifer Cleary 3040082 11/22/2019 4 Weeks 2 of 6
Lab Coordinator Contact Phone no. Valid to
Wastewater
Nancy Kawai 4252815516 01/21/2020
City of Yakima
2220 E Viola Ave To place an order: Call 1-800-227-9770 Option 1
YAKIMA WA 98901-9505 For Instruments Fax : 302-633-8953
Email : LSCAinstrumentsales@agilent.com
For Consumables Fax : 302-633-8901
Email : CAG_sales-NA@agilent.com
For Genomics Fax : 512-321-3128
Email : orders@agilent.com
For additional instructions, see last page
Unit Extended
List Discount Net
Item Product/Description QtylUnit Price Amount Price
Special discount of 32.00 % is applied.
4000 G8489A 1.000 EA 5,1382.00 USD 1,882.24- 3,999.76
Agilent recirculating air-cooled, non-CFC water chiller with temperature control
With the following configuration:
Ship-to Country : USA
Installation (44K)
Special discount of 32.00 % is applied,
5000 G8490A 1.000 EA 11,751.19 USD 3,760.38- 7,990.81
SPS 4 is a compact 4 rack autosampler,
ideal for high throughput labs requiring
the ultimate in performance without
compromising bench space.
With the following configuration:
Ship-to Country : USA
SPS 4 Pumped Drain kit
Installation (44K)
Familiarization at Installation (44L)
Special discount of 32.00 % is applied
5190 9910124100 1.000 EA 295.00 USD 94.40- 200.60
ICP Internal Std kit no.2 org/wht tubes
Provides components required for online
addition of internal standard. Includes
PVC pen. pump tubes with orange/white
tabs, Y-piece and connecting tubing.
15
•.•.•
Agilent Technologies
Quotation
Quote No. Create Date Delivery Time Pa e
Mrs. Jennifer Cleary 3040082 11/22/2019 4 Weeks 3 of 6
Lab Coordinator Contact Phone no. Valid to
Wastewater
Nancy Kawai 4252815516 01/21/2020
City of Yakima
2220 E Viola Ave To place an order: Call 1-800-227-977C Option 1
YAKIMA WA 98901-9505 For Instruments Fax : 302-633-8953
Email : LSCAinstrumentsales@agilent.corn
For Consumables Fax : 302-633-8901
Email : CAG_sales-NA@agilent.com
For Genomics Fax : 512-321-3128
Email : orders@agilent.com
For additional instructions, see last page
Unit Extended
List Discount Net
item Product/Description Qty/Unit Price Amount Price
Special discount of 32.00 % is applied.
5300 G8495-60005 1,000 EA 310.00 USD 99.20- 210.80
Internal standard container (5L) kit for
AVS 7, 1/pk. Includes 5L space saver
container with safety caps to prevent
vapors in the lab. Supply lines are
weighted to ensure capillary reaches the
container base
Special discount of 32.00 % is applied
5400 G8494-60007 1.000 EA 33.55 USD 10.74- 22.81
Uptake tube and sinker 1.6mmOD x1.4m L, 1/pk
Reagent uptake tube (1/pk) 1.6mm OD x 1.0mm
ID x 1400mm length with heavy PTFE sinker
Special discount of 32.00 % is applied.
7000 H2149A 1.000 EA 7,259.00 USD 1,814.75- 5,444.25
Method and Application Consulting
On-site consulting for a maximum of 4
participants. Certificates and manuals
not included.
1 6
*. Quotation
Agilent Technologies
Quote No. Create Date Delivery Time Page
Mrs. Jennifer Cleary 3040082 11/22/2019 4 Weeks 4 of 6
Lab Coordinator Contact Phone no. Valid to
Wastewater
City of Yakima Nancy Kawai 4252815516 01/21/2020
2220 E Viola Ave To place an order: Call 1-800-227-9770 Option 1
YAKIMA WA 98901-9505 For Instruments Fax : 302-633-8953
Email : LSCAinstrumentsales@agilent.corn
For Consumables Fax : 302-633-8901
Email : CAG_sales-NA@agilent.com
For Genomics Fax : 512-321-3128
Email : orders@agilent.com
For additional instructions, see last page
Unit Extended
List Discount Net
Item Product/DescriptIon Qty/Unit Price Amount Price
With the following configuration:
Ship-to Country : USA
Two Day On-site (Includes Travel)
Special discount of 25.00 % is applied,
8000 SYS-IO-5800 1.000 EA 25,872.00 USD 7,502.88- 18,369.12
ICP-OES 5800/5900 System
With the following configuration:
Ship-to Country : USA
Crosslab Bronze Govt/Aced - 5yrs total
Promotion discount 9.00 %.
Special discount of 20.00 % is applied
Gross Amount $ 149,925.84
Total Discount $ 46,691.98
Net Amount $ 103,233.86
Sales Tax ; $ 8,018.78
Total : $ 111,252.64
17
•••• uotation
Agilent Technologies
Quote No. Create Date Delivery Time Page
Mrs. Jennifer Cleary 3040082 11/22/2019 4 Weeks 5 of 6
Lab Coordinator contact Phone no. Valid to
Wastewater
Nancy Kawai 4252815516 01/21/2020
City of Yakima
2220 E Viola Ave To place an order: Call 1-800-227-9770 Option 1
YAKIMA WA 98901-9505 For Instruments Fax : 302-633-8953
Email : LSCAinstrumentsales@agilent.com
For Consumables Fax : 302-633-8901
Email : CAG_sales-NA@agilent.corn
For Genomics Fax : 512-321-3128
Email : orders@agilent.com
For additional instructions, see last page
Ask about our attractive payment options and how we can help you acquire the latest innovations while minimizing the upfront
costs. Contact your Agilent sales representative today or visit us online at www.adlent.comfenitechnoloav/aailent-financial-solutions
to learn why more and more labs are choosing these flexible payment plans and identify which works best for you.
TO PLACE AN ORDER, Agilent offers several options:
1) Visit htto://www.actilent.cornichemisupplies to place online orders using a purchase order or credit card.
2) Call 1-800-227-9770 (option 1) any weekday between 8am and 8 pm Eastern time in the U.S., Canada & Puerto Rico.
3) To place an order for Consumables, please fax the order to 302-633-8901.
To place an instrument and/or software order, please fax the order to 302-633-8953.
To place an order for Genomics, please fax the order to 512-321-3128, or email to orders@agilent.com
4) Or you can mail your order to:
Agilent Technologies
North American Customer Contact Center
2850 Centerville Road BU3-2
Wilmington, DE 19808-1610
To place an order, the following information is required:
• Purchase order number or credit card, delivery date, ship to, invoice to, end user, and quote number.
. GSA customers please provide GSA contract #.
EXCLUSIVE OFFERS FOR NEW INSTRUMENT CUSTOMERS, go to www.aailent.com(chem/exclusiveoffers
TO CHECK THE STATUS OF AN ORDER
1) Visit htto://www.aallent.comichemisuoolies to check the status of your order.
2) Call 1-800-227-9770 (option 1) any weekday between 8 am and 8 pm Eastern time, in the U.S., Canada &
Puerto Rico. You will need to know the purchase order or credit card number the order was placed on.
TERMS AND CONDITIONS:
This offer is subject to Agilent Technologies' Standard Terms and Conditions of AS476.
• Pricing: Web prices are provided only for the U.S. in U.S.dollars. All phone prices are in local currency and for end use.
Applicable local taxes are applied.
• All Sales Tax is subject to change at the time of order.
Shipping and Handling Charges: Orders with a value less than $4000 or those requiring special services such as overnight
delivery may be subject to additional shipping & handling fees. Some of these charges may be avoided by ordering via the Web
• Payment Terms: Net 30 days from invoice date, subject to credit approval.
* Quotation Validity: This quotation is valid for 60 days unless otherwise indicated,
* Warranty period for Instrumentation is 1 year. The Warranty period for columns and consumables is 90 days.
Visit www.aalfent.com/chem
• For Training course information and registration including e-Seminars, select -
• For Literature, Application notes, and other information, select J ihrary.
• For Online Technical Support including the Technical Support Assistant and Frequently Asked Questions,
select TPchniral Rippnrt
It is Agilent Technologies intent to ship product at the earliest available date unless specified otherwise.
1 8
:" Agilent Technologies Quotation
1r Quote No. Create Date Delive Time P8
Mrs. Jennifer Cleary 3040082 11/22/2019 4 Weeks 6 of 6
•
Lab Coordinator Contact Phone no. Valid to
•
Wastewater •
Nancy Kaw ai 4252815516 01/21/2020
City of Yakima
2220 E Viola Ave To place an order: Call 1-800-221-9770 Option 1
YAKIMA WA 98901-9505 For Instruments Fax : 302-633-8953
Email : LSCAinstrumentsales@agilent.corn
For Consumables Fax : 302-633-8901
Email : CAG_sales-NA@agilent.com
For Genomics Fax : 512-321-3128
Email : orders@agilent.com
For additional instructions, see last page
Flit,
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lima of the quotation, Actual didivoty dates Or delivery windows wet ho specified at Ito linie Agitate acknewlettons and acCuple yore purchase order The above conditions
chap apply lo the fullest extant permitted by the law.You may hava other statutory or legal rights evaitablo Commodities, lactteOlogy or soflyrwo exported from the United
Stele, of America rU,S...) at ream Other exporting countries will bo nibble! lo Mc U.S Export Adeithistration Fitegittrenirle and rel dr:spoiling countiles* carport laws and
regulations, Oivemlon contrary It, U.S law and the shakable aspect taws and raguletione is prohibited,
19
Inductively Coupled Plasma-Optical Emission Spectrometry (ICP-OES)
Proposal, July 2019
The WWTP Lab is proposing to replace the Graphite Furnace Atomic Absorption (GFAA) and
the Fast Sequential Atomic Absorption Spectrometer (FSAAS/Flame) instruments with an
Inductively Coupled Plasma-Optical Emission Spectrometry (ICP-OES) instrument for trace
metal analysis. The GFAA and Flame were purchased in 2004 for analysis of trace metals in
non-potable water (aqueous, Aq) and solid (S) matrices. The Lab is currently accredited for the
following analytes:
Antimony (Aq, S) Chromium (Aq, S) Manganese (S) Selenium (Aq, S)
Arsenic (Aq, S) Copper (Aq, S) Mercury (Aq, S) Silver(Aq, S)
Beryllium (Aq, S) Iron (Aq, S) Molybdenum (Aq, S) Sodium (S)
Calcium (S) Lead (Aq, S) Nickel (Aq, S) Thallium (Aq, S)
Cadmium (Aq, S) Magnesium (S) Potassium (S) Zinc (Aq, S)
The instruments have benefitted the lab for over 15 years, but due to age and the corrosive nature
of working with acid digested samples, many of the metal parts inside the auto samplers and
instruments are deteriorating and require replacement. In addition, the AA technology has
become obsolete as faster and more efficient techniques have been developed, all while
maintaining low detection limits.
With the acquisition of an ICP-OES, the Lab can continue analyzing monitoring wells,
stormwater, Pretreatment, and plant samples in house for trace metals. The ICP-OES would be
used to analyze Pretreatment samples to meet Significant Industrial Users (SIUs)permit
monitoring requirement for total metals. In addition, with the recent acquisition of 7 extra
jurisdictional SIUs from Terrace Heights, Moxee, and Union Gap, there is potential for
additional metals analysis. Currently, samples that require a rapid turn-around-time are sent to a
contract lab. The key advantage of the ICP-OES is that analysis time is significantly faster than
the AAs because metals can be measured simultaneously. Table 1 shows that the AA can run a
sample in 4 minutes; however,this is for only one metal. The run time is compounded by the
number of metals required for analysis. Since, the ICP-OES can analyze all of the required
metals for a sample simultaneously in—2.5 minutes,the run time is drastically reduced, resulting
in a 95%time savings.
Table 1.AA versus ICP-OES Time Analysis Estimate.
AA Run Time ICP-OES Run Time
Samples Metals/ /Metal /Sample /Metal /Sample Total Time
Sample /Year Sample (min) (min) (min) (min) Savings (%)
Pretreatment Metals 73 14 4 56 Simultaneous 2.5 96
Biosolids 6 18 4 72 2.5 97
Priority Pollutant Metals 4 13 4 52 2.5 95
Yakima Air Terminal 8 2 4 8 2.5 69
Totals 91 188 10 95
Since the AA instruments are capable of only analyzing one element at a time, it can take up to a
month to provide results for Pretreatment or biosolid samples. Though each sample run requires
3-4 minutes, samples must be run in duplicate. With time for blanks, calibration standards,
quality control checks, and an average of 10-20 samples, the time required for analysis is
stretched to hours. This does not include time for troubleshooting. If something is wrong with
20
the analysis, the ran needs to be stopped Troubleshooting can require the graphite tube to be
cleaned with multiple burn off runs or changed If the auto sampler injection of a microliter
ample (less than a drop) is off, time consuming fine-tune adjustment is required With each
adjustment or change, the instrument must be ran to check if the issues are resolved Thus, often
runs are started over, utilizing valuable time
The dynamic range of the ICP-OES is from a few parts per billion (ppb) to upwards of several
hundred parts per million (ppm), which is suffice for meeting the current detection limits for
bios oli d and pretreatment metals. It can accommodate both high and low matrix samples. This
is due to its ability to measure the torch in both axial (top view of torch, blue line) and radial
(view through width of torch, redline) views. The axial view is ideal for low matrices and
provides lower detection limits. The radial view is ideal for higher matrix samples.
knAtka K4
'1
, .. .. .'
The estimated cost of the proposed Agilent ICP-OES is $111,253 and includes a five-year
service contract. The cost of replacing the existing AA instruments is $120,000. With the
current cost of sending samples out for testing estimated at about $16,500 per year(Table 2), the
initial cost of the ICP-0ES would be recuperated in less than 10 years. The cost of maintaining
and operating the ICP-0ES is estimated at about $10,000 per year for the annual maintenance
contract
Table 2.Annual Cost Estimate for Contracting Current Samples.
SamplesBoa Cost/MetalTotal
2
019 ($)Metals ($) 1$1
Pretreatment Metals 73 14 14 14,300
Biosol ids 6 10 14 1,512
Priority Pollutant Metals 4 13 14 720
Yakima Air Terminal 0 2 14 224
Totals 91 $16,548
It is important to consider an ICP-OES into next year's budget as it would maintain the Lab's
trace metal testing capabilities, provide significantly faster result turnaround times, and make
efficient use of the analysts' time The ICP-0ES could also be utilized to analyze samples for a
number of future projects and testing. In addition, it will save the City a significant amount of
costs in the long-term as monitoring of these analyzes will only continue as limits on trace metal
levels change
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.M.
For Meeting of: February 4, 2020
Resolution authorizing the source purchase of trace metals analysis
instrumentation from Agilent Technologies, Inc. for the Wastewater
Treatment Plant laboratory
Scott Schafer, Director of Public Works
David Brown, Assistant Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager, 249-6815
SUMMARY EXPLANATION:
The City of Yakima (City) Wastewater Treatment Plant Laboratory (lab) performs over one
thousand trace metal determinations per year on wastewater, stormwater, groundwater, and
biosolids samples as required under the City's National Pollutant Discharge Elimination System
(NPDES) and General Biosolids permits. Lab staff have identified the requirement to replace the
existing trace metals analysis instrumentation, as the existing instruments are fifteen years old and
require frequent and intensive maintenance to maintain the required Department of Ecology -
certified performance. The instrument selected to replace the aging equipment greatly increases
lab efficiency by allowing the simultaneous measurement of all target metals in a sample during a
single analysis. This is in contrast to the existing instrument that requires reconfiguration and a
separate analysis for each target metal. A Proposal from laboratory staff that details the need for
the new instrument is attached.
As described in the attached Sole Source Justification form, the Wastewater laboratory staff
identified Agilent Technologies, Inc. as the sole vendor of the instrument that meets the needs of
the laboratory. The City followed the requirements of RCW 39.04.280, City Charter and
Municipal Code for sole source purchases over $50,000, including the publication of a `Notice of
Intent to Sole Source' for four days (September 19, 2020 through September 23, 2019) and
notification of other vendors. No other vendors came forth to compete for the instrument. The
sole source purchase, including five years of maintenance support, is in an amount not to exceed
$111,252.64 (see attached Sole Source Justification and Quote). The instrument purchase is
funded through Wastewater Capital Fund 472.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
2
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description
D reBo
D Sole Source,
D Quote,
D Proposal
Upload Date
1/31/2020
1/160020
1/1512B20
1/21/2020
Type
amer Memo
Backup Material
Backup Material
Backup Material
Agilent Technologies
Delivery Site:
City of Yakima
2220 E Viola Ave
YAKIMA WA 98901-9505
USA
Tax ID:
Jennifer Cleary
jennifercleary@yakimawa.gov
+15095756133
Invoice To:
City of Yakima
2220 E Viola Ave
YAKIMA WA 98901-9505
USA
Tax ID:
Service Contract Quotation:
Agilent Technologies Inc.
2850 Centerville Road
Wilmington DE 19808-1610
United States
Tel:
Fax:
Email:
Website:
1-800-227-9770 opt 1, then 5
1-302-633-8954
agreements_Ifssupport@agilent.com
www.agilent.com/chem
QUOTATION
Quotation Number:
5001401781
Quotation Date:
December 18, 2024
Coverage Period: Payment Terms:
03/19/2025 - 03/18/2028 Net 30 Days
Quotation Expiration Date:
All quoted prices are valid for 90 days from quotation
date.
Direct Inquiries to:
Contact Name:
Contact E-mail:
Contact Telephone:
Contact Fax:
Ship To: City of Yakima
2220 E Viola Ave
YAKIMA WA 98901-9505
USA
11
Ion
Agilent Technologies Inc
5301 Stevens Creek Blvd
Santa Clara CA 95051
United States
Federal Tax ID: 77-0518772
Page 1 of 3
Ashley Valo
MIKAYLA.VALO@AGILENT.COM
+13026363567
Learn more about Agilent's Special Offers, Products, Services and our
full range of laboratory productivity solutions optimized for your
applications and workflows. Visit us at a8ilLcotniiset
Beneficiary Bank: Bank of America
SWIFT: BOFAUS3N
Beneficiary Account: 12331-31561
Beneficiary Name: Agilent Technologies Inc
ORIGINAL
Item # System Serial
Handle Number
1 SYS-IO-5800
SYS-I0-5800
MY2009CQ01'
Model
Description
ICP-OES 5800/5900
System
Agilent 5800 VDV
CP-OES
Spectrometer
PSC 6106T Chiller I'
SPS 4 Autosampler
Service
Description
CROSSLAB
BRONZE (GOV'T
AND ACADEMIA
ICP-OES 5800/5900 CROSSLAB
System PREVENTIVE
MAINTENANCE
Agilent 5800 VDV
ICP-OES
S, ectrometer
PSC 6106T Chiller
SPS 4 Autosampler
EGS = End of Guaranteed Support for earliest module
Summary of Charges:
Note: These prices reflect additions, deletions and warranties.
Year:
YEAR 1
YEAR 3 iO3/19/2027-03/18/2028
Page2of3
Quotation Number: 5001401781
Quotation Date: December 18, 2024
EGS Qty Start date /
End date if
different from
= SC Period
04/30/2029
04/30/2029
04/30/2029 1' I` 03/19/2025-
03/18/2026
04/30/2029
Total Amount before Discount
Discount - Region/Country
Discount - Multi -Year PO
Total before Tax
Sales Tax 8.300%
Total (USD)
Prices by Invoice Period:
Total
Price
(USD)
25,416.00
30,084.00
20,156.28'-
1,672.98
21,829.26
8,803.80
5,676.24
5,676.24
Quotation Number: 5001401781
Quotation Date: December 18, 2024
Notes:
Tax calculated based on applicable tax rate in effect today for delivery location(s). Tax rate and taxability of
deliverable(s) subject to change based on state laws. If tax exempt contact support agreement administrator:
Exhibit URL
Exhibit22R.as http://www.amlent.com/en-us/services/an
px Password: SePrewRu
Exhibit22X.as 11ttp:/
px Pa
1-instrument-services/exhibit22r
/en-us/services/anal-instrument-services/exhibit22x
This Quotation is valid only for the period indicated. All Services quoted are subject to the Agilent Service Terms
(grip://w Agilent.com/en-us/services/e16s-us-canada-mexico) and the Agilent Service Exhibits referenced above.
Products, parts and software; are subject to the Agilent Terms of Sale
tc mien- as ruices/ tss-us-cenade-mexice}.Products or Services that are manufactured, configured or
dptd to e t Customer's requirements are subject to the Agilent Terms of Sales - Custom products
.uitent.cars/en-us/services/e16s-us-canada-mexico)If you have a previously signed agreement with Agilent
covering such Pr odtcts, Seices' or spare parts, the terms of that agreement will take precedence for those
Products, Services or spare parts. Agilent expressly objects to any different or additional terms in your
purchase/sales order documentation, unless agreed to in writing by Agilent. Spare parts and Service availability
dates are estimated at the time of the quotation. Actual delivery dates or delivery windows will be specified at the
time Agilent acknowledges and accepts your purchase order. The above conditions shall apply to the fullest extent
permitted by the law governing this transaction and shall not derogate from any statutory or legal rights you may
have thereunder. Commodities, technology or software exported from the United States of America ("U.S.") or from
other exporting countries will be subject to the U.S. Export Administration Regulations and all exporting countries'
export laws and regulations. Diversion contrary to U.S. law and the applicable export laws and regulations is
prohibited. Warranty: Unless otherwise indicated herein, spare parts referenced in this document will receive a 90
day replacement warranty.
Agilent Payment Method: ACH.
Credit card accepted only at the time of order placement.
Agilent will charge 3% of the invoiced amount, when term invoices are paid with a credit card.
Page 3 of 3
s ®ia - r1IIGilll
AGILENT SERVICE TERMS Modified
These Agilent Service Terms (Terms") along with the applicable description of Service (Service Exhibit") and the terms indicated
on the quotation govern the Service of Products and the license of software updates by Agilent Technologies, Inc. and its
subsidiaries ("Agilent"). In the event of a conflict herewith, the Service Exhibit will prevail. "Product" means Agilent or third party
hardware or consumable that is supported by Agilent as described, if applicable, in any Service Exhibits. "Service" means any
standard service to support Products.
1. PARTIES RESPONSIBILITIES
a. Agilent will perform Service in a professional and
workmanlike manner. Agilent will make reasonable
efforts to deliver Service in accordance with the
quotation or the applicable Service Exhibit and may
select qualified and reputable subcontractors to
perform Service.
Product must be at current specified revision levels
and may require Agilent's certification, at Customer's
expense, that Product is in good operating condition.
c. Product relocation may result in additional Service
charges, modified service response times and if
moved subject to availability.
d. Customer must remove products not eligible for
Service to enable Agilent to perform Service and may
incur additional charges for any extra work caused.
Service does not cover damage, defects or failures
caused by: use of non-Agilent media, supplies and
other products; site conditions that do not conform to
Agilent's specifications; neglect, improper use, fire or
water damage, electrical disturbances, transportation,
work, or modification by non-Agilent employees or
subcontractors, or causes beyond Agilent's control.
Customer is responsible for maintaining a procedure
external to the Product to reconstruct lost or altered
Customer files, data or programs, and for having a
representative present when Agilent provides Service
at Customer's site. Customer will notify Agilent if
Product is being used in an environment that poses a
potential health hazard. Agilent may require Customer
to maintain such Product under Agilent supervision.
ORDERS AND CANCELLATIONS
a. All orders are subject to acceptance by Agilent.
b. Unless stated otherwise in the Service Exhibit,
cancellation is subject to Agilent's prior consent and
any applicable fees, details of which are available on
request.
c. Upon sixty (60) days written notice, Agilent may delete
Product no longer included in Agilent's Service
offering or may cancel a Service Exhibit.
3. SHIPMENT, RISK OF LOSS AND ACCEPTANCE
a. Customer will pay all expenses for return of Product to
the Agilent service center. Agilent will pay expenses
for return of Product to Customer via Agilent's
standard shipping methods.
Risk of loss and damage for tangible deliverables will
pass to Customer at the location specified in the
quotation or order acknowledgment Title to
consumables and parts used in Service Products shall
pass upon the later of full payment or delivery of such
consumables or parts.
c. Acceptance of Service will occur upon performance.
4. PRICE AND PAYMENT
a. Prices exclude any applicable sales, value added or
similar tax payable by Customer.
b. Payment terms are per the quotation or order
acknowledgement and are subject to change if
Customer's financial condition or payment records so
warrants. Agilent may stop performance if Customer
fails to pay any sum due, or fails to perform under this
or any other Agilent agreement if, after ten (10) days
written notice, the failure has not been cured.
5. WARRANTY
a.
Agilent will replace, at no charge, defective parts used
in Agilent's repair of Product for ninety (90) days from
the date of Service.
Revision Date 1 — January — 2024 Modified in 9a and 11
Version Number 12
Page 1 of 4
E16S
AGILENT SERVICE TERMS - Modified
My 16111.
Agilent warrants that software updates will not fail to
execute programming instructions due to defects in
materials and workmanship when properly installed
and used on hardware designated by Agilent. Agilent
warrants that Agilent owned standard software
updates substantially conform to specifications.
Agilent does not warrant that software updates will
operate in hardware and software combinations
selected by Customer, or meet requirements specified
by Customer. Agilent does not warrant that software
updates will be uninterrupted or error free.
Agilent Service may use remanufactured parts that are
equivalent to new in performance.
The above warranties do not cover defects resulting
from improper or inadequate maintenance, installation,
repair or calibration performed by Customer or an
unauthorized third party; Customer or third party
supplied hardware or software, interfacing or supplies;
unauthorized modification; improper use or operation
outside of the specifications for the Product; abuse,
negligence, accident, loss or damage in transit; or
improper site preparation.
THE WARRANTIES IN THESE TERMS ARE
EXCLUSIVE AND NO OTHER WARRANTY,
WHETHER WRITTEN OR ORAL, IS EXPRESSED
OR IMPLIED. AGILENT SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON -
INFRINGEMENT.
6. LICENSES
Unless license terms are included with the software
updates, software updates licensed under these
Terms will be subject to the most current applicable
underlying license.
. INTELLECTUAL PROPERTY CLAIMS
a. Agilent will defend or settle any claim against
Customer that any deliverable provided under these
Terms infringes an intellectual property right provided
Customer promptly notifies Agilent in writing and
provides control of the defense or settlement, and
assistance to Agilent.
Revision Date 1 — January — 2024
Version Number 12
b. In defending or settling an infringement claim under
item a, in this Section , Agilent will pay infringement
claim defense costs, settlement amounts and court -
awarded damages. If such a claim appears likely,
Agilent may, at its option, modify or replace the
affected deliverable, or procure any necessary license.
If Agilent determines that none of these alternatives is
reasonably available, Agilent will refund Customer's
purchase price.
Agilent has no obligation for any claim of infringement
arising from: Agilent's compliance with, or use of,
Customer's designs, specifications, instructions or
technical information; modifications by Customer
or a third party; software update use outside the scope
of Agilent specifications or related application notes;
or use of the deliverable with products not supplied by
Agilent.
8. LIMITATION OF LIABILITY AND REMEDIES
In no event will Agilent, its subcontractors or suppliers
be liable for special, incidental, indirect or
consequential damages (including downtime costs,
loss of data, restoration costs, or lost profits)
regardless of whether such claims are based on
contract, tort, warranty or any other legal theory, even
if advised of the possibility of such damages. This
exclusion is independent of any remedy set forth in
these Terms.
b. The limitations set forth in item a., above in this section
will not apply to infringement claims under the Section
titled INTELLECTUAL PROPERTY CLAIMS above, or
to damages for bodily injury or death.
The remedies in these Terms are Customer's sole and
exclusive remedies.
9. INDEMNIFICATION
Modified in 9a and 11i
Agilent will indemnify and hold Customer harmless
from and against any third party claims for (i) bodily
injury or death, or (ii) direct damage to tangible
property, to the extent caused by Agilent's negligence
or misconduct in performing its obligations under
these Terms, provided that Agilent is given prompt
written notice and the opportunity to control the
defense of the claim or settlement, and subject to the
Page 2 of 4
E16S
AGILENT SERVICE TERMS — Modified
limitation of liabilities set forth in the Section titled
LIMITATION OF LIABILITIES AND REMEDIES.
b. Note to CS (To be deleted): The above Indemnity
clause will apply only for Brazil, Mexico, and Common
Law countries (United States, Canada, UK, Ireland,
India, New Zealand, Australia, Hong Kong, Singapore,
and Malaysia). Please delete for all other countries
and update the Section numbering accordingly.
10. TERM AND TERMINATION
An order or a Service agreement may be terminated
immediately upon notice in writing (i) by either party,
for cause, unless the other party cures the breach
within thirty (30) days of written notice of such breach
or (ii) by Agilent if Customer fails to pay any sums due
as specified in item b., in the Section titled PRICE AND
PAYMENT above.
b. Any order or Service agreement will terminate
automatically if either party is subject to a voluntary or
involuntary bankruptcy petition, becomes insolvent, is
unable to pay its debts as they become due, ceases
to do business as a going concern, makes an offer or
assignment or compromise for the benefit of creditors,
or there is a substantial cessation of its regular course
of business, or a receiver or trustee is appointed for
such party's assets.
c. Upon termination in accordance with 10.a. or 10.b.
Customer will pay Agilent for all Service performed
and charges and expenses incurred by Agilent up to
the date of termination. If the sum of such amounts is
less than any advance payment received by Agilent,
Agilent will refund the difference within thirty (30) days
of receipt of an invoice from Customer. Customer will
receive all work in progress for which Customer has
paid.
d. Provisions herein which by their nature extend beyond
the termination of any Service will remain in effect until
fulfilled.
11. GENERAL
a. For purposes of Agilent's performance under these
Terms, Agilent will process non -sensitive personal
data that is about an identifiable individual or allows an
Revision Date 1 —January —2024 Modified in 9a and 11i
Version Number 12
individual to be identified directly or indirectly
("Personal Data") and that is relating to Customer and
its employees, agents and subcontractors ("Customer
Personal Data"), including but not limited to names,
telephone numbers and email addresses. Agilent will
store and use Customer Personal Data in accordance
with Agilent's Privacy Statement available at
w, i rttcomigotoriv py. Customer shall ensure
that Agilent's Privacy Statement is provided to its
employees, agents and subcontractors. In the event
that Agilent agrees to process personal data on behalf
of Customer, both parties agree to comply with all
applicable privacy and data protection laws,
regulations and codes of practice, including but not
limited to those applicable in the parties' country/ies.
b. Where Agilent processes Personal Data on behalf of
Customer, unless a separate Data Processing
Agreement has been agreed and executed by the
Parties, the Data Processing Agreement available
here shall apply
itt ry} +, it nt, ni Wanting In--
ii nt dat fir« ssin —ag rtt n .
c. For purposes of Customer's performance under these
Terms, Customer will process non -sensitive personal
data that is about an identifiable individual employee
or allows an individual to be identified directly or
indirectly ("Personal Data") and that is relating to
Agilent and its employees ("Agilent Personal Data"),
including but not limited to names, telephone numbers,
email addresses and labor and EHS documentation
required by law. Customer will process such personal
data in accordance with applicable data protection and
privacy laws.
d. Customer may not assign or transfer a Service
agreement without Agilent's prior written consent,
which may be subject to applicable charges and terms.
Agilent may assign or transfer any of its rights or
obligations under these Terms and applicable Service
Exhibits upon notice.
e. The parties agree to comply with applicable laws and
regulations. Agilent may suspend performance if
Customer is in violation of applicable laws or
regulations.
Page 3 of 4
E16S
Nor-- sikumuiiL
AGILENT SERVICE TERMS — Modified
f. Customer who exports, re-exports, or transfers
products, technology or technical data purchased
hereunder assumes all responsibility for complying
with applicable U.S. and all other laws and regulations
("Applicable Laws"), and for obtaining required export
authorizations. Customer expressly agrees not to sell
or otherwise transfer products, technology or technical
data to companies or persons on the Denied Parties
List and Specially Designated Nationals and Blocked
Persons List, or to any other prohibited parties or
restricted destinations listed in Applicable Laws,
unless properly authorized by the appropriate
government(s). Agilent may suspend performance if
Customer is in violation of Applicable Laws. Further
information on restricted destinations can be obtained
from - tittf s:ll bisdoc.gov.
To the extent that Agilent is providing Products or
Services to Customer which are reimbursable under a
federal healthcare program (such as Medicare or
Medicaid), Agilent and Customer acknowledge that
these Terms are intended to comply with the Anti -
Kickback Statute and its related Discount Safe Harbor
(42 C.F.R. 10001.952(h). In order to enable Customer
to meet its disclosure obligations that it may have
under U.S. federal law, Agilent will provide Customer
sufficient discount, rebate and other pricing
information that may be relevant to enable Customer
to accurately report its actual costs for such products
and services. Customer acknowledges that Agilent
has informed it that it must report any discounts or
rebates that it may receive pursuant to these Terms
for such products and services as may be required by
applicable law. To the extent that Customer is
required to make such reports, it will do so in the
applicable manner prescribed by the Discount Safe
Harbor and as otherwise required.
h. Use, distribution or disclosure of Products by the U.S
Government is subject to DFARS 227.7202-3 (Rights
in Commercial Computer Software), DFARS 252.227-
7015 (Technical Data — Commercial Items), and FAR
52.227-19 (Commercial Computer Software -
Restricted Rights).
Disputes arising in connection with these Terms will
be governed by the laws of the State of Washington.
To the extent that any provision or a portion of any
provision of these Terms is determined to be illegal or
unenforceable, the remainder of these Terms will
remain in full force and effect.
k. These Terms and any Service Exhibits attached
hereto constitute the entire agreement between
Agilent and Customer, and supersede any previous
communications, representations or agreements
between the parties, whether oral or written, regarding
transactions hereunder. Customer's additional or
different terms and conditions will not apply.
CITY CONTRACT
RESOLUTION NO
Revision Date 1 —January —2024 Modified in 9a and 11i
Version Number 12
Page 4 of 4
E16S