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HomeMy WebLinkAbout23952Linda 4154417466 p.2 NOV-25-2003 14:01 FRESNO COUNTY PURCHASING 559 456 7831 P.02 COUN1Y OF FRESNO PROCURE1v.ffiNT AGREE:MENT Agreement Number 240120H November 21,2003 Abbott Laboratories Inc. MediSense Products 4A Crosby Drive Redford,MA 01730 The County of Fresno (County)hereby contracts with Abbott Laboratories Inc. (Contractor)to purchase Chemstrips and Controls HfL in accordance with Point of Care Price Exhibit,attached and by this reference made a part hereof. ~ .\~t)7 ~G"'() Each meter currently in use at the County of Fresno Hurnan Services System departments will be traded out with the Abbott Precision Xtra (approximately 45 each) uR9I.er..the !\bbott PCx (approximat9ly 1 2 8e1;~).Service and replacement for meters will be provided at no charge,24 hours per day,365 days per year.The meters become property of County of Fresno. TERM:Tlii~Agreement shall become effective December 1,2003 and shall remain in effect through November30,2004. RENEWAL:Agreement shall automatically renew for an additional one (1)year period except when written notice is delivered by either party to the ether expressing intent not to renew.Such notice must be delivered a minimum of sixty (60)days prior to the next expiration date of this Agreement.The maximum number of automatic one (1)year renewal periods under this Agreement is two (2). MINIMUM ORDERS:Unless stated otherwise there shall be no minimum order quantity,The County reserves the right to increase or decrease orders or quantities. ORDERS:Orders will be placed on an as-needed basis by various County departments under this contract. ADDITIONAL ITEMS:The County reserves the right to nego1iate additional items to this Agreement as deemed necessary.Such additions shall be made in writing and signed by both parties. DELIVERY:The F.O.B.Point shall be the destiryation within the County of Fresno.All orders shall be delivered complete as specified.All orders placed before 'Agreement expiration shall be honored under the terms and conditions of this Agreement' DEFAULT:In case of default by Contractor,the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County.The prices paid G:\CON1RACTS &EXTRACTSIJi\2401ZOH ABBcrTT !.A60RATORIE;5INC.DOC Linda 4154417466 p.3 NOV-25-2003 14:01 FRESNO COUNTY PURCHASING 559 456 7831 P.03 ,PROCUREMENT AGREEMENT NUMBER:240120H.Abbott Laboratories Inc. November 21,2003 Page 2 by County shall be considered the prevailing market price at the time such purchase is made.Inspection of deliveries or offers for delivery,whfchdo not meet specifications. will be at the expense of Contractor. INVOICING:An itemized invoice in duplicate shall be mailed to requesting County department in accordance withinvoicing instructionsincludedin each order referencing this Agreement.The Agreement number must appear on all shipping documents and invoices.Invoiceterms shallbe Net 45 Days. TERMINATION:The County reserves the rightto tenninate this Agreement upon thirty (30)days written notice to the Contractor.In the event of such termination,the Contractor shall be paid for satisfactory seJVices or supplies provided to the date of termination. LAWS AND REGULATIONS:The:Contractor shall comply with all Jaws,rules and regulations whether they be Federal,State or municipaJ,which may be applicable to Contractor's business.equipment and personnel engaged in $ervice covered by this Agreement. AUDITS:Contractor shall,as required by law,ordinance,code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized representatives of the County. LIABILITY:The Contractor agrees to: Pay aU claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify,save and hold harmless,and at County'srequest defend the County,its officers,agents and employees from any and all claims for damage or other liability, including costs,expenses,causes of action,claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents,officers or employees under this Agreement. INSURANCE: Without limitingthe County's right to obtain indemnification from Contractor or any third partiesJ Contractor,at its sole expense,shall maintain in full force and effect the following insurance policies throughout the term of this Agreement: A.Commercial General Liability Commercial General Liability Insurance with limits of not less than One Million Dollars ($1.000,000.00)per occurrence and an annual aggregate of Two Million Dollars ($2.000,000.00).This policy shall be issued on a per occurrence basis. County may require specific coverage including oompleted operations,product liability,contractual liability,Explosion-Collapse-Underground,fire lega/liabilityor G:\~&~\H\2~PSBOTTLAaOAA'mU:ESINC.IXX: Linda 4154417466 p.4 NOV-25-2003 14:01 FRESNO COUNTY PURCHASING 559 456 7831 P.04 PROCUREMENT AGReEMENT NUMBER:240120H .Abbott Laboratories Inc. November 21,2003 Page 3 any other liabilityinsurance deemed necessary because of the nature of the contract. B.Automobile Liability Comprehensive Automobile liability Insurancewith limits for bodily injury of not les$ than Two Hundred FiftyThou~and Dol/an;;($250,000.00)per person,Five Hundred Thousand Dollars ($500,000.00)per accident and for property damages of not less than FiftyThousand Doflars($50,000.00),or such coverage witha combined single limitof Five Hundred ThousandDollars($500,000.00).Coverageshould include owned and non-owned vehicles used in connection Withthis Agreement. C.Professional Liabilitv If Contractor employslicensedprofessionalstaff,(e.g.,Ph.D.,R.N.,L.C.S,W., M.F.C.C.)in providingservices,Professionalliability Insurance with limitsof not less than One MillionDanaI'S($1,000,000.00)per occurrence,Three MillionDollan:; ($3,OOO,OOO.OO)annual aggregate. D.Worker's Compensation A policy of Worker's Compensationinsuranceas may be required by the California Labor Code. Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno,its officers,agents,and employees,individually and collectively,as additIonal insured.but only insofar as the operations under this Agreement are concerned.Such coverage fur additional insured shall apply as primary insurance and any other insurance.or self-insurance,maintained by County,its officers,agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein.This insurance shall not be cancelled or changed without a minimum ofthirty (30)days advance written notice given to County. Within Thirty (30)days from the date Contractor executes this Agreement,Contractor shall provide certificat~s of insurance and endorsement as stated above for an of the foregoing policies,a5 required herein,to the County of Fresno,Purchasing Unit,stating that such insurance coverage have been obtained and are in full force;that the County of Fresno,its officers,agents and employees will not be responsible for any premiums on the policies;that such CommercialGeneral Liability insurance names the County of Fresno;its officers,agents and employees,individuallyand collectively,as additional insured,but only insofar as the operations under this Agreement are concerned;that such coverage for additional insured shall apply as primary insurance and any other insurance,or setf-insurance,maintained by County,its officers,agents and employees, shall be exces$only and not contributing with Insurance provided under Contractor's pOlicies herein;and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance,written n~tice given to County. G:\wmw:rs &~\H\24012()i ABBOTTI.A8OAAmaESm::ooc Linda 4154417466 p.5 NOV-25-2003 14=02 FPJESNO COUNTY PURCHASING 559 456 7831 P.05 PROCUREMENT AGREEMENT NUMBER:240120H .Abbott Laboratories Inc. November 21,2003 Page 4 In the event Contractor fails to keep in effect at all times insurance coverage as herein provldedl the County may,in addition to other remedies it may have,suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admftted insurers licensed to do business In the State of CaUfomia.Insurance purchased shall be purchased from companies possessing a current A.M.Best,Inc.rating of B+FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR:In performance of the work,duties and obligations assumed by Contractor under this Agreement,it is mutually understood and agreed that Contractor,including any and all of Contractor's officers,agents,and employees will at all times be acting and performing as an independent contractor,and shall act in an independent capacity and not as an officer,agent,servant,employee.joint venturer, partner,or associate of the County.Furthermore.County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function.However,County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof.Contractor and County shall comply with all applicable provisions of law and the rules and regutstions,jf any,of governmental authonties h<:lvingjurisdiction over matters the subject thereof. Because of its status as an independent contractor,Contractor shall have absolutely no right to employment rights and benefits available to County employees.Contractor shall be solely liable and responsible for providingto,or on behalf of,its employees all legally~required employee beneffts.In addition,Contractor shall be solely responsible and save Countyharmlessfrom all matters relatingto paymentof Contractor's employees,includingcompliancewith Social Security,withholding,andall other regulationsgoverningsuch matters.It is acknowledgedthat duringthe term of this Agreement,Contractormay be providing services to others unrelated to the County or to this Agreement NON-ASSIGNMENT:Neitherparty shall assign,transfer or sub-contractthis Agreement nor their rightsor duties under this Agreementwithout the written consent of the other party. AMENDMENTS:This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations,proposals.commitments,writings,advertisements,publications, Request for Proposals,Bids and understandings of any nature whatsoever unless expressly included in this Agreement.This Agreement supersedes any and all terms set forth in Contractor's invoice.This Agreement may be amended only by written addendum signed by both parties. G:\CCNTRAO"S It.EXT'AACTS\H\240:uo..ABSOT1'L.A&)ul.WRus ~.COC or FAA at (559)456-7831. FOR THE COUNTY OF FRESNO 'j~}11-'iL Theron M.Toler,Purchasing Manager 4525 East HamiltonAvenue Fresno.CA 93702-4599 Date:B (NO LI D "-; TMT:PJF:.i!g G:\CON'TRACTS&I:XiAACTSI/-I\24C120HABBOTTLASORATORIESINO.DOC Linda mV-21-2003 13:16 FRESNO COUNTY PURCHASING PROCUREMENT AGREEMENT NUMBER=240120H Abbott Laboratories Inc. November 21,2003 4154417466 559 456 7831 POINT OF CARE EXHIBIT G:\CCN1RI(:T5 &~Z40~AaOOTT~1W1;S INC.PQ; 10.8 P.08 POINT OF CARE PRICE EXHIBIT ABBOTT DIAGNOSTIC DIVISION,ABBOTT LABORATORIES INC.,D-943,AP6C,100 ABBOTT PARK ROAD,ABBOTT PARK,ILLINOIS 60064-6095 PRODUCTS Precision PCx,Precision G and Precision QID Blood Glucose Test Strips Precision Controls and Calibration I-STAT Cartridges I-STAT Controls,Calibration and Accessories Description List#Price Per Pkg @2001 -2003Abbott Laboratories,R2oo3-06R1/PriceExibit POC Page 1 of2 Shipping Address("Customer"):Billing Address: Name County of Fresno Name Same as previous Address 4525 East Hamilton Avenue Address City,State,ZIP Frenso,Ca 93702 City,State,ZIP Number of Doctors I Beds n/a Phone Customer Number (s)50412451 Purchase Order No. National Account Affiliation Amerinet Sales Rep I Territory Sikaffy WGMSA Customer Point of Contact Pat Flatery Contract Term Three (3)Years ----..__n -.-...--._._m-.""--.-..n----.--oo - Precision PCxlPG Test Strips (100ct)98757-12 Precision aiD Test Strips (50 ct)98335-01 Precision aiD Test Strips (100 ct)98336-01 Precision Extra Strips 99694-15 13,000 $0.470 $6,110.00 PCx Plus 80063-01 Purchase Commitment 13,000 $6,110.00 ----.'''k_n -.-......--.-.... Precision Controls H/L 99121-01 $6.20 Precision Controls H/N/L 97411-02 Precision Controls Normal 98436-02 PCx Calibration Assessment Kit 99662-02 PG Calibration Assessment Kit 99663-01 --..__n -...--._._m-.""--.-.---------oo - EG7+Test Cartridge 06F01-01 EG6+Test Cartridge 06F02-01 EG3+Test Cartridge 06F03-01 CG4+Test Cartridge 07G02-01 EC8+Test Cartridge 06F04-01 6+Test Cartridge 06F05-01 EC6+Test Cartridge 06F06-01 EC4+Test Cartridge 06F07 -01 E3+Test Cartridge 06F08-01 Glucose Test Cartridge 06F09-01 Creatinine Test Cartridge 06F10-01 ACTc Test Cartridge 07G01-01 CG8+Test Cartridge 03M86-01 Purchase Commitment Calibration Verification 06F15-01 Level 1 Aqueous Control 06F12-01 Level 2 Aqueous Control 06F13-01 Level 3 Aqueous Control 06F14-01 Level 1 Coagulation Control 07G82-01 Level 2 Coagulation Control 07G83-01 9 Volt Lithium Batteries 06F21-26 Capillary Tubes,65ul 06F21-02 Portable Printer Paper (6 rollslbox)06F17-11 Station Printer Paper (per roll)06F17-10 POINT OF CARE PRICE EXHIBIT ABBOTT DIAGNOSTIC DIVISION,ABBOTT LABORATORIES INC.,D-943,APSC,100 ABBOTT PARK ROAD,ABBOTT PARK,ILLINOIS 60064-6095 EQUIPMENT Precision PCx,Precision G,and Precision QID Description List#Qty. i-5TAT (Series 200)Equipment and Accessories Description List#Qty. i-5TAT 1 Equipment and Accessories Description List#Qty. AGREED TO AND ACCEPTED THIS: CUSTOMER: Si9nature/Date: Title: @ 2001 -2003Abbott Laboratories,R2003-OOR1/PriceExibitPOC Networking Software and Hardware Description List #Qty. Service Description List #Qty. Signature/Date: Title:Ate'aMaJ\~, €ontrittihg 8tPnci~g Page 2 of 2 Shipping Address ("Customer"):Billing Address: Name County of Fresno Name Same as previous IAddress 4525 East Hamilton Avenue Address City,State,ZIP Frenso,Ca 93702 City,State,ZIP Number of Doctors /Beds n/a Phone Customer Number (s)50412451 Purchase Order No. National Account Affiliation Amerinet Sales Rep /Territory Sikaffy WGMSA Customer Point of Contact Pat Flatery Contract Term Three (3)Years Precision PCx System Kit 98714-03 Precision PCx Carrying Case 98715-01 Precision PCx Docking Station 98716-02 Precision G System Kit 97555-01 Precision QID Retail Kit (4 per case)98328-01 Precision Xtra System Kit (4 per case)99693-02 48 i-STAT Portable Clinical Analyzer 06F16-02 i-STAT Portable Printer 06F17-01 i-STAT Portable Printer AC Adapter 06F17-12 i-STAT Printer Cradle 06F17-10 i-STAT Software Download Kit 06F22-13 i-STAT Electronic Simulator 06F11-01 i-STAT System Manual 06F20-01 i-STAT 1 Portable Clinical Analyzer 06F16-05 i-STAT 1 Downloader Serial 06F23-43 i-STAT 1 Downloader Network 06F23-44 i-STAT 1 Power Cords 06F16-39 Y Power Cable Downloader 06F23-47 PCx Power Cable Downloader 06F23-47 PC/Downloader Adapter 06F23-50 i-STAT 1 Rechargeable Power Pack 06F23-55 i-STAT 1 System Manual 06F20-01 Martel Printer 06F23-91 QC Manager Software 98717-03 Precision Link Data System 97443-05 QC Manager Laptop 98721-05 PCx /i-STAT PC 98916-02Workstation/Interface PCx POC Workstation/Interface 98912-02 i-STAT pc Workstation/Interface 98914-02 PC Workstation 98911-02 PCx /i-STAT LIS/HIS Dual Interface 98974-01 PCx LIS/HIS Interface 98913-01 i-STAT LIS/HIS Interface 98915-01 PCx /I-STA T Dual Port Terminal 98918-01Server PCx Only Dual Port Terminal Server 98940-01 Dual Port Terminal Server 98941-01 Dual Port Terminal Power Supply 98942-01 8 Port Terminal Server 98946-01 Fax Modem 56K for the PCx 98919-01 PCx Docking Station 98716-02 ---- i-STAT 1 Portable Clinical Analyzer 06F16-05 i-STAT Portable Clinical Analyzer 06F16-02 Abbott Laboratories,Inc. Response To County of Fresno Procurement Agreement 1.Only the Precision Xtra Meters #99693-02 will become property of County of Fresno.Any Precision PCx Meters #98714-04 will remain property of Abbott. 2.INSURANCE:See attached Memo ofInsurance. 3.LIABILITY:See attached Indemnification Letter.