8
TRANSMITTAL To: Date: 11/29/2017 THE COUNCIL From: THE MAYOR TRANSMITTED FOR YOUR CONSIDERATION. PLEASE SEE ATTACHED. (Ana Guerrero) for ERIC GARCETTI Mayor

TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

  • Upload
    others

  • View
    3

  • Download
    0

Embed Size (px)

Citation preview

Page 1: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

TRANSMITTAL

To: Date: 11/29/2017THE COUNCIL

From:THE MAYOR

TRANSMITTED FOR YOUR CONSIDERATION. PLEASE SEE ATTACHED.

(Ana Guerrero) for

ERIC GARCETTI Mayor

Page 2: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

LOS ANGELES POLICE COMMISSION> ' |TJ L / / RICHARD M.TEFANK

EXECUTIVE DIRECTORBOARD OF

POLICE COMMISSIONERS ? V

DJANGO SIBLEY ACTING INSPECTOR GENERALSTEVE SOBOROFF

PRESIDENT %V*MATTEW M. JOHNSON

VICE PRESIDENTEXECUTIVE OFFICE

Police Administration Building

100 West First Street, Suite 134

Los Angeles, C A 90012-4112

ERIC GARCETTIMayorSANDRA FIGUEROA-VILLA

SHANE MURPHY GOLDSMITH CYNTHIA McCLAIN-HILL (213) 236-1400 PHONE

(213) 236-1410 FAX (213) 236-1440 TDDMARIA SILVA

COMMISSION EXECUTIVE ASSISTANT II

November 21, 2017 BPC #17-0451

The Honorable Eric Garcetti Mayor, City of Los Angeles City Hall, Room 303 Los Angeles, California 90012

Attention Mandy Morales

Dear Honorable Mayor:

DONATION OF AN ION CHROMATOGRAPHY SYSTEM, VALUED AT $150,000.00 FROM THE LOS ANGELES COUNTY PUBLIC HEALTH DEPARTMENT, FOR THE BENEFIT OF THE LOS ANGELES POLICE DEPARTMENT’S FORENSIC SCIENCE DIVISION.

RE:

At the regular meeting of the Board of Police Commissioners held Tuesday, November 21,2017, the Board RECEIVED the Department’s report relative to the above matter.

The Board requests, subject to your approval, that this matter be forwarded to City Council for their approval.

Respectfully,

BOARD OF POLICE COMMISSIONERS

MARIA SILVACommission Executive Assistant II

Attachment

c: Chief of Police ASB

www.LAPDOnline.orgwwwJoinLAPD.com

Page 3: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

{ft" CLS&i

rtfcCEIVkUNOV :: • 20)7

INTRADEPARTMENTAL CORRESPONDENCE

November 16, 2017 ,** «in1.10 REVIEWED ' "-3

TO: The Honorable Board of Police Commissioners i) nTEFANKtecroaFROM: Chief of Police •ft ff

SUBJECT: APPROVAL OF NON-MONETARY DONATION

RECOMMENDED ACTION

1. That the Board of Police Commissioners APPROVE the Department’s Report and TRANSMIT to the Mayor and City Council for ACCEPTANCE the donation of an ion chromatography system valued at $150,000 for Forensic Science Division.

DONOR INFORMATION: ITEMS: VALUE:

Los Angeles County Public Health Department (#290-17)Public Health LaboratoryMs. Mary Beth Duke12700 Erickson AvenueDowney, California 90242(562) 658-1350

$150,000Ion chromatography system

DISCUSSION

TheDepartment (Department). The donated item will assist the FSD Trace Analysis Unit (TAU) with the implementation of new explosives test methods and other casework applications, including the identification of poisons and chemicals. While TAU has criminalists trained in explosive analysis, it has been unable to procure the necessary equipment through budget requests in order to offer this service to the Department. Supervising Criminalist Collin Yamauchi, Forensic Science Division, has examined the item and found that it meets Department and City standards. The item is currently under service contract with the manufacturer, and the annual cost will be covered by the FSD maintenance budget.

ion is for the benefit of Forensic Science Division (FSD) and the Los Angeles Police

No expressed or implied commitments or promises were made to the donor or representatives of the donor. The donor will not receive any preferential treatment, endorsement, or recommendation; and the donor is not allowed the use of any Department patents.

Administrative Services Bureau has reviewed the donation and determined that it has been submitted in accordance with Section 5.467 et seq. of the Los Angeles Administrative Code, which provides for the receipt and acceptance of donations to the Department.

Page 4: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

The Honorable Board of Police CommissionersPage 21.10

If you have any questions, please contact Chief Forensic Chemist Vanessa Gould, Forensic Science Division, at (323) 415-8115.

Respectfully,

:h. CKChief of Police

Page 5: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

INTRADEPARTMENTAL CORRESPONDENCE

September 29, 20178.9

TO: Commanding Officer, Administrative Services Bureau

FROM: Commanding Officer, Forensic Science Division

SUBJECT: REQUEST TO ACCEPT DONATION

It is requested that Administrative Services Bureau approve and forward correspondence to the Board of Police Commissioners to accept the unsolicited donation of one (1) Dionex/Thermo Fisher Scientific Ion Chromatography System (see attachment for model/serial number) with a value of approximately $150,000 from the Los Angeles County Department of Public Health, Public Health Laboratory. The donation was offered mid-August 2017 and will be provisionally received by the end of 2017.

DONOR INFORMATION:MARY BETH DUKELOS ANGELES COUNTY PUBLIC HEALTH DEPARTMENT PUBLIC HEALTH LABORATORY 12700 Erickson Avenue, Downey, CA. 90242 (562) 658-1350 or (562) 622-0437

The donation of the Dionex Ion Chromatography System occurred due to the closing of this Public Health Laboratory and will benefit the Forensic Science Division(FSD), Trace Analysis Unit (TAU). The donated instrument will assist with the implementation of new explosives test methods in addition to other casework applications (including the identification of poisons and chemicals), to provide additional services to the Department. Currently, the TAU has Criminalists trained in explosive analysis, however, the unit has not been able to procure the specific equipment, through budget requests, to offer this service.

On August 29, 2017, Supervising Criminalist Collin Yamauchi (TAU) examined the specifications of the instrument and determined that it is operable and meets Department and City standards. The instrument is under a current service contract with the manufacturer,Thermo Fisher Scientific. The annual cost of $15,136 will be covered by an increase of less than three percent (3%) to the FSD equipment maintenance budget. Unity Lab Services (part of Thermo Fisher Scientific) will deliver the instrument to the Hertzberg-Davis Forensic Science Center facility; the delivery cost will be funded by operating expenses of the Joint Powers Authority that manages the facility.

Page 6: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

Administrative Services Bureau Page 28.9

All possible conflicts of interest have been researched. The Public Health Laboratory is not a city vendor and acceptance of this donation does not reflect negatively on the Department or the city of Los Angeles. No expressed or implied commitment or promise was made to the Public Health Laboratory or representatives thereof; the Public Health Laboratory will not receive any preferential treatment, endorsement, or recommendation, nor will the Public Health Laboratory use any LAPD patent.

If you have any questions, please contact Vanessa Gould, Chief Forensic Chemist I, Forensic Science Division, at (323) 415-8115.

JEFFREY A. THOMPSON, Chief Forensic Chemist II Acting Commanding Officer Forensic Science Division

Attachment

Page 7: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

Unity Lab ServicesEssential Support Plan ProposalPart of Thermo Fisher Scientific

Quote ID#: 20170831

Quote Date: 8/31/2017

Quote Revision:

USER INFORMATION

Requestor: Matthew FranzmanPhone#: 323-415-8856

Email: n4672@laud,online Quote Expiration Date: 12/31/2017

Customer Name: LA Police Dept__________Address 2: Trace Analysis Unit______Address 3: Forensic Science Division

City, State Zip: Los Angeles, CA_________

Customer PO # xx

#Years Quoted: 1-year

Billing Options: Annual in Advance

pricing valid for 30 days

Start Date . BatvPrlclria AMate l -.-Model ■ gH PeacHCfon . >; .b

Thermo Fisher Scientific $541.00063978 AXP Auxiliary Pump Z0054209 15-Oct-17 14-Oct-18$2,454.00Thermo Fisher Scientific 074922 AS-AP Autosampler DX12060930 15-Oct-17 14-Oct-18

$2,454.00Thermo Fisher Scientific 074922 AS-AP Autosampler DX12060929 15-Oct-17 14-Oct-18

Thermo Fisher Scientific $1,129.00070220 VWD Detector DX12060786 15-Oct-17 14-Oct-18

Thermo Fisher Scientific included061830 Conductivity Detector DX12060483 14-Oct-1815-Oct-17$2,970.00Thermo Fisher Scientific 072007 Detector Compartment DX12060716 15-Oct-17 14-Oct-18

Thermo Fisher Scientific $1,487.00079913 Eluent Generator DX12060525 15-Oct-17 14-Oct-18

Thermo Fisher Scientific $4,101.00072031 Dual Pump, Analytical Isocratic DX12060780 15-Oct-17 14-Oct-18

[ proposal Total: $15,136.00

Essential Base Plan Features:IC Essential Plan Features:~ Unlimited number of demand on-site service visits with a maximum 72-hour response ~ Engineer labor and travel is included ~ Priority status for technical support inquiries ~ One (1) Scheduled Preventative Maintenance visit ~ Thermo Scientific supplied personal computers are covered ~ Factory-certified replacement parts included ~ Software updates and notifications- Subscription to e-Support Online Technical Resources- One time 10% discount on Parts, Accessories or Consumables for end user during active contract. Contact our parts group at Unity Priority line 1 -877-594-3224 and mention the Loyalty PACs program.~ Software updates and notifications. Updates are defined as Software revisions that provide minor changes that are needed to correct or improve the previous version of the software. Software updates are normally indicated by a software revision number change e.g. version 1.1 to version 1.2.~ Computers purchased from Thermo and are required for the operation of the system is covered under a Support Plan. Replacement of Computers that required an Upgrade to new operating systems are not included in a Support Plan.

Base Plan Exclusions:IC Essential Plan Exclusions:- Computers not provided and installed with the system by Thermo Fisher. Hardware and Operating System upgrades, replacing a HD with larger capacity. •~ Software version upgrades are not provided under a Support Plan. Upgrades are normally indicated by a software version number change e.g. version 1.2 to version 2.0~ Consumable items and parts such as bottles, calibration materials, solvents, vials, caps, septa, all Columns, data media, ferrules, ETD filaments (excluding the one included in the PM visit), filters, frits, gases, gaskets, injection port liners, integrator paper, ion exchange resin, lamps, photomultipliers, pump oil, reaction tubes, source ceramics, mobile phases, autosampler rotor valve seal, sample ports, syringes, sample loops, DEP emitters, electron multipliers, glass jet separators, heated capillaries, ion gauges, ion volumes.~ Operator training ~ Sample concentrator plumbing ~ Work related to radioactive sources.~ Components that cannot be repaired or replaced due to lack of availability from Thermo Scientific supplier (obsolescence).- Complete system replacement is not covered under contract.

NOTES:- The billable install of the ICS-5000 by the Thermo Fisher Scientific Field Service Engineer will serve as the required pre-inspection of the system for the support plan coverage.

ACCEPTANCE OF CONTRACT THERMO FISHER SCIENTIFIC SALES REP

Danielle Schultz 8/31/2017Signature DateDate Signature

Quote prepared and approved by: Phone:

Fax:

Email:

Danielle Schultz

(608) 276-6297

(608) 273-5029

[email protected]

Remit Payment To:Thermo Electron North America, LLC 5225 Verona Road Madison, W! 53711

Confidentiality Statement Not to be Distributed

Page 8: TRANSMITTAL - Los Angelesclkrep.lacity.org/onlinedocs/2016/16-0037-s56_rpt... · 30/11/2017  · DJANGO SIBLEY STEVE SOBOROFF ACTING INSPECTOR GENERAL PRESIDENT %V* MATTEW M. JOHNSON

Unity Lab SeracesPart of Thermo Fisher Scientific

Support Plan Terms and ConditionsThermo Electron North America, llC (hereinafter defined as Thermo fisher’s agrees to perform aid Customer agrees to pay

This order shall be deemed accepted upon the issuance of a purchase order by Customer foal references this offer Agreement ('Agreement') is expressly conditioned upon foe acceptance oy Customer of the terms and renditions hereof and Thermo Fisher expressly objects contained it Customer's response. This offer expires atSve o’clock PM Eastern Time (5-00 FM ET) on the quote expiration date of the cover page hereto.’ Sendee:

Equipment subject to tie fofcwvro terms nt of Service by Theimo Fisher This Service

to any addition^ a ddfererrt teims

andfor foeseraang ofconditions.

1.Thermo fisher wit maintain andfor repair fSetvicefs)’) these testaments identified on the covet sheet fEqiapmennto ensure fiiey owrate wdhin She manufacturer's standard product speafctfions as determined by Thermo Fisher, within die 48 contiguous Dried States and the District of Columbia. Monday through Fnday (excfodng Thermo Fisher bofidays) during toe houis of B OO a.m. to 501) p m beat standard (me ("Normal Houra*) dwmg toe fern of the Agreement The Equqmeni must be operated accorSng to the manufacturer's supplied Operator's Manuat(s) and any matfunebon must be rioted prompSy to Thermo fisher Service calls requested outside of Normal Houis and Service of any items not identified or. toe cover sheet hereof wil be hiSed at Thermo Fisher's standard rales tor

, Tabor and parts mefledat toe tone of the request Thermo Ftsher may provide various levels of Service at toe Customer sMs) and/or Depot repair locations, which shafi be provided in accordance withfte deals on toe cover sheet of this Agreement 2. Term and Termination

To renew tois Agreement, Customer roust sign a Renewal Setvice Agreement accompanieda purchase order prior to toe expiration of the current Term

.. . . _ | sixty!®) days in advance to foe ofter party Customer shall payfor all amounts due and paydste piiortotermination of toe Agreement Thermo fisherwBreimbunse Customer on a pro rata basis up torough the termmatfon effective date tor any payments made bv Customer in advance.(c) Thermo fisher resetves foenghlto withhold Sendee purchased under tots Agreement, if Customer fails to make payments as due. Should nonpayment extend beyond thirty (30) days attar receipt of written notce, Thereto Ftsher may terminate toe Agreement Customer shall nevertheless pay for all amounts due and payable prior to suspension of Service ortorminaSon of toe Agreement 3. Ptidqg and Payment(a) Customer agrees to make a singie payment al toe start of toe Teim of this Agreement in U.S. or Canadian currency equal to toe total Setvice charge for toe initial Tettn or, J appfcabfe, payments in accordance Wire a mutually agreed pajfmenlschedtde, as stated on toe cover page hereof. AS payments shall be net thirty (30) days of toe date of toe mvosce.(b) Ghages are exclusive of afi state, local, use. excise and other taxes, which shaS be paid Ire the Customer, tmiess the Customer fomislies a valid exemption certificate to Theimo Fisher,

women! for a subsequent Terre shall be Thereto Fishers standard service agreement rate in effect at toe start of each Renewal Thermo Ftsher agrees to wave toe Equipment into good operafing ccntktion d there is no lapse between toe end like of this Agreement and the beginning of toe Renewal Pricing ol Services is ment operates to accoidance with product specifications at the siad of toe Term; therefore, prior to toe start of each Renewal, Thermo fisher resetves toe right to re Customer at its standard rates for service, Save! or move, tor are! parts.

written notice

Hie charge to renew tois Its nght to bill toe Customer for burg based on toe assumption ftat toe Equip verify the EqutpmenI condition aid invoice 4. Paris and ConsumablesThe setvice levej defines When arid i the cost of parts is included under toe Agreement. NotwSistamfing toe foregoing, toe cost fix parts ftat are consumed to too noma) and usual operation of the Equipment including. bid are nolfenited to, sample prep A analysis consumables, paper, mk cartadges, itobons. pens, lamps andfor data meiia shtol not be toduded under too Agreement •5 Xev OngfstofCustomer dial rfeignate a key operator who sb^ be made avaSabla to deserfoe tostrumont maftmebons to Thermo Fisher Representatives by telephone and who shaB be quaBied to perform simple adfostments and corrections to the Equipment as requested by Thermo Ftsher representatives Failure to designate a key operator or to perform or to have an authorized representative perioral foe routine martetiance specified in the EqiipnientrnstaKtion manual may result, at Thermo Fisher's option, to a Service call ihwKsdattestandard rates for service Save! or move, labor and parts 6 Equtynent Mortification.Thermo Fisher reserves the right to make any changes to toe design or constorcfion ol Thermo fisherh instruments without morning any obligation to make any changes whatsoever to toe Equpment described to ttus Agreement Customer agrees to alovs Theimo fife at Theimo Fisher’s expense to make retrofits or design changes which reprove instalment refeMty, but do not change instalment jrerfomiance ctBraderisfics Any Customer requests to modify or add non-TTrermo Fisher approved devices or accessories to Eqiwanenl are outside fie scope of fas Agreement

Thermo Fisher’s sole obtaafion unde this Agreement is to provide Service as descried to Set** t hereof THERMO FISHER MAKES NO WARRANTIES, EXPRESS OR IMPUED, AND DISCLAIMS All WARRANTIES INCLUDING, BUT NOTUMITED TO, IMPUED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER OBLIGATIONS OR LIABILITIES WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE.

Unions and Exclusions.aw of Equipment malfunctiori for the Mowing abnormal canBitms is not covered by this Ayeement aid $ performed by Thermo Fisher wil be invoiced to Customer at Thermo Fisher’s standard r service, tavel or move, labor and partstog damage incurred enroute to Customer's site or because of moving Equipment Thermo fisher wi promptly provide a cost estimate for repairs to the consignee for Stag dams to carriers for

;, fightrang, earftquake. tornado humcane or fire, bonding, terrorism, armed conflict, maboous mischief, sabotage or ofter natural or manmade disasters ka abuse misuse, sprinkler danaae. etedrka! sume or abnormal rawer variation

Repairs, maintenance, or modfadots made by atyoneofoer than Thermo fisher toadied personnel orwiftail Thermo Fisher's supervision antis approval v. Relocation and refostF'afcn ot Equfoment are not covered under tois Agreement; although upotuequestTTieono Fisher, w# supervise foe remowng, crating, relocation and resnsbWion of Equipment at Thermo Fisher's standard rates tor setvicq travel or movq. labor and parts.

The matotenance or replacement of media (i e, loppy disks, pnnter suppfies, etc.) whatever tee reason for loss. Mure or damage s red covered by this Agreement Tire senrictog of noreTheroro Ffeher rttelfe or to^umenfe b not covfe) by-Hs Agreement toefodtog non-Thetmo Fisher mateta or mstniments purchased foe Eraneertog Spedab.

d) Bcdresttesuppiri is not coveted by ties AqreeiaetrLe) Service caflsmarfe to train operators, notEqu'pmentmafunctwn, are not covered by das Agreementf) Service calls made as a resta of Custemer-kletilSed area: of respereubity. to matelnctions reiated to site faS&aSm (power, water temperature, hianxfiy, vtatiai, dust etc.) or site

TO^OFISTOSHWIND?>E LIABLE FOR ANY DIRECT, INDIRECT. SPECIAL PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT ISfiTATfON, DAMAGES FOR LOSS OF BUSINESS PROFITS AND BUSINESS INTERRUPTION ARISING OUT OF THE USE OR MABUTY TO USE ANY PARTS, EQUIPMENT OR SERVICES SOU) HEREUI^^Wtrdtess or whether Thermo Fisher (a) has been informed td toe pos»i!% of such damages or (b) is ne^igenl In no event w# Thereto fisher's SabSty exceed fie total cfaqje of this

9. IndetmtScaSon:Subject So the fente&ms described above, Theirix) Fisher agrees to tadehmSy are! save Customer, is officers directors, employees, agente and representSves hamless from sS tosses, expenses, demands arid Hams made agatosi Customer, is officers, directore, enf)byaes, ageofe and representatives became id any personal tojuries. de* orpropety damage totbo extent*® caeadby foe

Mi Shi

» floor

IImaintains insurance ptiicies which have the Mowing msimum tads aid coverage (a) Cumprehensve genaal labSy tosurance fix a tad of Jt.OOO.tKM (one niton) S2,BOO ,M0 (two m*on) tote aggregtoe and (b) Stahwvy wafers' compensator] and employer's lab£y fosucance Copes of cer&ates of tasr-ance evidencing I* ^reefed

Thermo FSier ocamenceard are avzdabfe upon

Customer . _pedomiKsi effiaeriy and without intemrplion responsible for the procurement insiklafian. transinssiGn of data. Charges for such eqifeert « mesfia n 12. -General-

deupar request Customer Resoonsbihes: shaSpovxte Thermo fish mel reasonable access to the Eqaptneni whenever Sendee is reqotoed. Custoner shal cooperate wBi Thermo Filler personnel so that Service ran be

Thermo Fisber shall be atowed use of Customer Erpepmerd which Thernio Fisha personnel deem necessaiyto perfo toe Service. Customer shall be and maintenance of a8 non-Thermo fisher commjnicaticx! medte todiafe^, but not tailed to, telephone and comraumcaSon equipment for the remote lent or media n connection wBi lie performance of Service under fois Agreement shaR be borne by Customer.

(a) Thermo Fisher agrees not to kncwtagly <Ss dose any otaaijon or data oidained pursuant to he performance of this Agreement when such idormaton or data is dearly identified by Customer as proprietary (b) Thermo fisher reserves the right to determine file assignment of is employees to Die performance of Iris Agreement (c) Neiier party shaJ assign ths Agreement wtitout prior consent Df Wparties (d) This docunOTl corEtAjfes the comptele and exckBive agreenveni between Thermo Fisher 3rd tee tfosfomer concemnc htc semevrg c! Equ^rrv'nt ana no atkforar, to or mortification or any provision of ths Agreement sha! be btodmg no Thermo Fisher wfess male in writing and signed by a duly authorized representative of Thermo Feher. (e) This Agreement shal be governed by tie totemto laws of the State of Thermo FtsheFs location to the United States. Customer consents to venue and jurisdiction over any action reBed to this Ameeraent ii tire county aid state ofThemw Fishefslocation. ()} Anypnvrision(s)cffthis%eeinenlthatinanv»aycortraveiieflielaKOfanyHateorcountiyiiwSd)'SrisAgreen!entisegecfiV8sttafitoSieexientofstKhcontiavertBiiof!aw.be deemed serxarabie aid shafi not affect any other provision or the vakdSy of thfe Agreement (g) tn the event of any legal proceeding between IheSeler aid Buyer relatngtothis Agreement, nafter party may daim foe right to a trial By jury, and troth pifes wateeanyrightfoeymayhaveunder appiicaNe law or ofoetwise foari^ittoaSlbyjuiy.

Remit Payment To:Thermo Electron North America, LLC 5225 Verona Road Madison, WI 53711

Confidentiality Statement Not to be DistributedPage 2 of 2