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HomeMy WebLinkAbout25820COUNTY OF FRESNO TExTl sr CHASING DATE: 811 212009 ~1nr1n7 THIS EXTRACT IS FOR REFERENCE AND INFORMATIONAL PURPOSES ONLY. ALL BUSINESS AND MANAGEMENT DECISIONS MUST BE GOVERNED BY THE UNDERLYING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED - - - - TO THE COUNTY'S PURCHASING OFFICE AT 456-71 10. CONTRACT NUMBER: P-09-306-H VENDOR NUMBER: 0000268502 CONTRACT TITLE: Sheets & Towels NAME I ADDRESS: American Textile Systems CONTRACT PERIOD: 8/1/2009 thru 7/31/2012 ;MaFiNCLUDE MULnpLE USING AGENCIES: TERMS: DELIVERY TERMS: DELIVERY TIME: BUYER: CONTRACT VALUE: LOCATION: Juvenile Hall, Sheriff Net 45 Days 10 Days ARO H - PaMcia J. Flaherty $35,000.00 An[lual Estimate Juvenile Hall, Sheriff 121 12 E. 166th Street Cerritos, CA 90703 REPRESENTATIVE: Julia Weber TELEPHONE: (562) 229-0036 FAX: (562) 229-0597 E-MAIL: julia@amtexsys.com BOARWOROUPISTATE CONTRACT NO: REQUISITION NO'S: 31 1 9006077,3449000075 ~ew Canceilatlon Reference: 850-4669 q ~enewal Short Tenn Tic Date: n~djusbnent OEvergreen Code: 850 ~dd0n Kill REPORTS: None Org: 31111000,34400100 supenedes 2b0095tl COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THlS ACTION: Sheets, flat, white, 66" x 115: 55/55 blend of cotton & polyester. Product #66115-W180 DZ $42.00 Towels, Bath, White, 20" x 40", 5.5 Ib per DZ DZ $12.75 SPECW CONDITIONS FOR USE: AUTOMATIC RENEWAL: In the absence of notification from vendor to Purchasing, or instructions from County department to Purchasing, this Agreement will automatically renew for one year on Aug, 1,2010 and Aug. 1,201 1. DEPARTMENT: Jwenile Hall REQUISITKXIER: Shedfi Extract Page 1 of 1 Countv of Fresno COUNTY ADMINISTRATIVE OFFICE GENERAL SERVICES ARPl K. APKARlAN DEPUTY DIRECTOR PROCUREMENT AGREEMENT Agreement Number P-09-306-H June 29,2009 Julie Weber American Textile Systems 12112 E. 166'~ Street Cenitos, CA 90703 The County of Fresno (County) hereby contracts with American Textile Systems (Contractor) to purchase sheets and towels in accordance with RFQ 850-4689, attached and by this reference made a part hereof. TERM: This Agreement shall become effective August 1,2009 and shall remain in effect through July 31, 2010. RENEWAL: Agreement shall automatically renew for an additional one (1) year period except when written notice is delivered by either party to the other 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 orelerquontity. 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 negotiate 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 destination 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. 4525 East Hamilton Avenue / Fresno, California 93702-4599 / Phone (559) 456-7l10 / Fax (559) 456-7831 Equal Employment Opportunity AfRrmathre Actlon DlsaMed Employer PROCUREMENT AGREEMENT NUMBER: P-09-306-H , American Textile Systems June 29,2009 Page 2 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 by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do 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 with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request 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 limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: PROCUREMENT AGREEMENT NUMBER: P-09-306-H American Textile Systems June 29,2009 Page 3 A. Commercial General Liability Commercial General Liability lnsurance 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 completed operations, product liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. C. Professional Liabilitv If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Com~ensation A policy of Worker's Compensation insurance as 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 for 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 of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Purchasing, 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 Commercial General Liability insurance names 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; that such coverage for 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; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County. PROCUREMENT AGREEMENT NUMBER: P-09-306-H , American Textile Systems June 29,2009 Page 4 In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, 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 admitted insurers licensed to do business in the State of California. lnsurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability lnsurance 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 regulations, if any, of governmental authorities having jurisdiction 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 providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without 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. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A, County's Request for Quotation No. 850-4689 and the Contractor's Quote in response thereto); (2) Attachment "A; (3) the County's Request for Quotation No. 850-4689 and (4) the Contractor's quotation made in response to County's Request for Quotation No. 850-4689. PROCUREMENT AGREEMENT NUMBER: P-09-306-H , American Textile Systems June 29,2009 Page 5 GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for your files. Please refer any inquiries in this matter to Patricia Flaherty, Senior Buyer, at (559) 456-71 10 or FAX at (559) 456-7831. FOR THE COUNN OF ERESNO 0 nneth A. oua Purchasing Supervisor 4525 East Hamilton Avenue Fresno, CA 93702A4599 Date: KAV:PJF:ssj PROCUREMENT AGREEMENT NUMBER: P-09-306-H , American Textile Systems June 29,2009 Page 6 CONTRACTOR TO COMPLETE: mwi C_,(M?T~&i\~ 3-u 5 Company: Type of Entity: 2w6 [7 Individual Limited Liability Company [7 Sole Proprietorship Limited Liability Partnership *gCCorporation General Partnership Signed by: (~~J~AzwL ~3eber~eP*Or\pU~BLW- Print Name and Title I V Date 7 a7104 32 51 i A Address Address City 90703 - State Zip 6~3 ax%- W3.d EL+ za% -0% TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Su Sm ACCOUNTING USE ONLY ORG No.: 31 1 1 1000,344001 00 Account No.: 7025,7025 Requisition No.: 31 19006077, 3449000075 (1 0108) , PRQCUREMENT AGREEMENT NUMBER: P-09-306-H American Textile Systems June 29,2009 Attachment Page 1 of SUPPLIES ITEM PRODUCT # UNIT COST Sheets, flat, white, 66" X 115" #66115-W180 DZ $42.00 50150 blend of cotton and polyester. 5 DZICTN Towels, bath, white, 20" x 40" 5.51b per DZ minimum 10 DZICTN Minimum order quantity 100 DZ (May order 50 DZ Sheets and 50 DZ Towels for the 100 DZ minimum.) i COUNTY OF FRESNO REQUEST FOR QUOTATION A NUMBER: 850-4689 SHEETS & TOWELS March 17,2009 I ORGIRequisition: 31 1 1 1000,344001 001 31 19006077, PURCHASING USE 344w75 rf G:\PUBLIC\RFQ\8504689 SHEETS AND TOWELS.DOC IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER'S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599 CLOSING DATE OF BID WILL BE AT 200 P.M., ON APRIL 16,2009, ~ QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 P.M. Quotations will be opened and publicly read at that time. All quotation information will be available for review after contract award. Clarification of specifications are to be directed to: Patricia J. Flaherty, phone (559) 456-7110, FAX (559) 456-7831. GENERAL CONDITIONS: See "County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP'S) and Requests for Quotations (RFQ'S)" attached. Check County of Fresno Purchasing's Open Solicitations website at htt~:iiwww2.co.fresno.ca.us104401Bidshome2.a~ for RFQlRFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO FURNISH THE COMMODITY OR SERVICE STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE "COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR QUOTATIONS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'SYATTACHED. Except as noted on individual items, the following will apply to all items in the Quotation Schedule. 1. Complete delivery will be made within 1 0 calendar days after receipt of Order. 2. A cash discount - % days will apply. c_hP,wt \ le s 3fm c 3 COMPANY i a \\a\o 54. -t.c ADDRESS c.~~;&, CITY STATE ZIP CODE pjb) ax4 - 003 (5~) a;a-\. 059 7 Jul i & &%.~n~h TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL~DDRES TITLE I Quotation No, 850+689 . % . , COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S) Note: the reference to "bids" in the following paragraphs applies to RFP's and RFQ's By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid. 1. BID PREPARATION: A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed out, initialed and corrections printed in ink by person signing bid. 8) Brand Names: Brand names and numbers when given are for reference. Equal items will be considered, provided the offer clearly describes the article and how it differs from that specified. In the absence of such information it shall be understood the offering is exactly as specified. C) State brand or makeof each item. If bidding on other than specified, state make, model and brand being bid and attach supporting literaturelspecifications to the bid. D) Bid on each item separately. Prices should be stated in units specified herein. All applicable charges must be quoted; charges on invoice not quoted herein will be disallowed. E) Time of delivery is a part of the consideration and must be stated in definite terms and must be adhered to. F.0.8. Point shall be destination or freight charges must be stated. F) All bids must be dated and signed with the firm's name and by an authorized officer or employee. G) Unless otherwise noted, prices shall be firm for 120 days after closing date of bid. her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purdasing of the vendor's quotation. The above stated .restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the prctest procedures. Second, in the event a public hearing is scheduled beim the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. D) Bids received after the closing time will NOT be considered. E) Bidden are to bid what is specified or requested first. If unable to or willing to, bidder may bid alternative or option, indicating all advantages, disadvantages aid their associated cost. F) Public Contract Code Section 7028.15 2. SUBMITTING BIDS: Where the State of California requires a Contractots license, it is a A) Each bid must be submitted on forms provided in a sealed envelope misdemeanor for any person to submit a bid unless specifically with bid number and closing date and time on the outside of the exempted. envelopelpackage. 3. FAILURE TO BID: B) Interpretation: Should any discrepancies or omissions be found in A) If not bidding, retum bid sheet and state reason for no bid or your name the bid specifications or doubt as to their meaning, the bidder shall may be removed from mailing list. notify the Buyer in writing at once. The Counly shall not be held responsible for verbal interpretations. Questions reqarding the bid 4. TAXES, CHARGES AND EXTRAS: must be received by purchasing at least 5 working dsys before bid A) County of Fresno is subject to Califomia sales andlor use tax (7.975%). opening. All addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. Please indicate as a separate line item if applicable. C) ISSUING AGENTIAUTHORIZED CONTACT: This RFQ has beet^ issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues conceming it. All communication regarding this RFQ shall be directed to an authorized representative of County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or 8) DO NOT include Federal Excise Tax. County is exempt under Registration No. 94-73-03401-K. C) County is exempt from Federal Transportation Tax. Exemption certificate is not required where shipping papers show consignee as County of Fresno. D) Charges for transportation, containers, packing, etc, will not be paid unless specified in bid. G:\WBLICRFWWl689 SHEETS AND TOWELS.WC Quotation No. 854-4689 ., , . . 5: W-9 - REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION: Upon award of bid, the vendor shall submit to County Purchasing, a completed W-9 - Reauest for Taxpaver Identification Number and Certification if not already a current vendor with The County of Fresno. This form is available from the IRS to complete on line at htt~:llwWW.irs.qovl~ubIirs-Ddflfw9.odf. 6. AWARDS: A) Subject to the local preference provisions referenced in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFQ, award(s) will be made to the most responsive responsible bidder. The evaluation will include such things as life- cycle cost, availability, delivery costs and whose product andlor service is deemed to be in the best interest of the County. The County shall be the sole judge in making such determination. Unless bidder aim natimtall-A kvbid&wty+nay B accept any item, group of items or on the basis of total bid. C) The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. D) After award, all bids shall be open to public inspection. The County assumes no responsibility for the confidentiality of information offered in a bid. 7. LOCAL VENDORS A) Local Vendor Preference (applicable to RFQ Process only) The following provisions are applicable only to the County's acquisition of materials, equipment or supplies through the RFQ process when the funding source does not require an exemption to the Local Vendor Preference. THE PROVISIONS OF THlS PARAGRAPH ARE APPLICABLE, NOTWITHSTANDING ANY OTHER PROVISIONS OF THlS RFQ TO THE CONTRARY If the apparent low bidder is not a local vendor, any local vendorwho submitted a bid which was within five percent (5%) of the lowest responsive bid as determined by the purchasing agent shall have the option of submitting a new bid within forty-eight hours (not induding weekends and holidays) of County's delivery of notification. Such new bids must be in an amount less than or equal to the lowest ctqxmke bid as dekmid4y h+tirmqent if th~ purchasing agent receives any new bids from local vendors who have the option of submitting new bids within said fortyeight hour period, it shall award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the conh-ad shall be awarded to the original low bidder as announced by the purchasing agent. B) Local Vendor Defined 'Local Vendor' shall mean any business which: 1. Has its headquarters, distribution point or locally-owned franchise located in or having a street address within the County for at least six (6) months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and 2. Holds any required business license by a jurisdiction located in Fresno County; and 3. Employs at least one (1) full-time or two (2) part-time employees whose primary residence is located within Fresno County, or if the business has no employees, shall be at least fifty percent (50%) owned by one or more persons whose primary residence@) is located within Fresno County. 8. TIE BIDS: All other factors being equal, the contract shall be awarded to the Fresno County vendor or, if neither or both are Fresno County vendors, it may be awarded by the flip of a coin in the presenceof witnesses or the entire bid may be rejected and re-bid. If the General Requirements of this RFQ state that they are applicable, the provisions of the Fresno County Local Vendor Preference shall take priority over this paragraph. 9. PATENT INDEMNITY: --------- The vendor shall hold the County, its officers, agents and employees, harmless from liability of any nature or kind, induding costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance fumished or used in connection with this bid. 10. SAMPLES: Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon written request (within 30 days of bid closing date) be returned at the biddeh expense. In the absence of such notification, County shall have the right to dispose of the samples in whatever manner it deems appropriate. 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: A) In case of default by vendor, the County may procure the articles or service from another source and may recover the cost difference and related expenses occasioned thereby from any unpaid balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit against the vendor. The prices paid by the County shall be considered the prevailing market price at the time such purchase is made. B) Articles or services, which upon delivery inspection do not meet specifications, will be rejected and the vendor will be considered in default. Vendor shall reimburse County for expenses related to delivery of non&dgaadsorse&e% - - - - - - - - - --- C) Regardless of F.O.B. point, vendor agrees to bear all risks of loss, injury or destruction to goods and materials ordered herein which occur prior to delivery and such loss, injury or destruction shall not release vendor from any obligation hereunder. 12. DISCOUNTS: Terms of less than 15 days for cash payment will be considered as net in evaluating this bid. A discount for payment within fifteen (15) days or more will be considered in determining the award of bid. Discount period will commence either the later of delivery or receipt of invoice by the County. Standard terms are Net Forty-five (45) days. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. The 'General Condions' provisions of this RFPIRFQ shall be superseded if in conflict with any other section of this bid, to the extent of any such conflict. G:\PUBLIC\RFCMtXO4689 SHEETS AND TOWELS.DOC Quotation No. 850-4689 . . . , ,, 14. SPECIAL REQUIREMENT: With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on 'The List of 800 Hazardous Substances', published by the State Director of Industrial Relations. (See Hazardous Substances Information and Training Act. Califomia State Labor Code Sections 6360 through 6399.7.) 15. RECYCLED PRODUCTSIMATERIALS: Vendors are encouraged to provide and quote (with documentation) recycled or recyclable productslmaterials which meet stated specifications. 16. YEAR COMPLIANCE WARRANTY Vendor warrants that any product furnished pursuant to this Agreementlorder shall support a fourdigit year format and be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as well as leap year calculations. 'Product" shall include, without limitation, any piece or component of equipment, hardware, firmware, middleware, custom or commercial software, or internal components or subroutines therein. This warranty shall survive termination or expiration of this Agreement. In the event of any decrease in product functionality or accuracy related to time andlor date data related codes andlor intemal subroutines that impede the product from operating correctly using dates beyond December 31,1999, vendor shall restore or repair the product to the same level of functionality as warranted herein, so as to minimize interruption to County's ongoing business process, time being of the essence. In the event that such warranty compliance requires the acquisition of additional programs, the expense for any such associated or additional acquisitions, which may be required, including, without limitation, data conversion tools, shall be borne exclusively by vendor. Nothing in this warranty shall be construed to limit any rights or remedies the County may othewise have under this Agreement with respect to defects other than year performance. 17. PARTICIPATION: Bidder may agree to extend the terms of the resulting contract to other political subdivision, municipalities and tax-supported agencies. Such participating Governmental bodies shall make purchases in their own name, make payment directly to bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 18. CONFIDENTIALITY: All services performed by vendor shall be in strict conformance with all applicable Federal, State of Califomia andlor local laws and regulations relating to confidentiality, including but not limited to, Califomia Civil Code, Califomia Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations, Vendor shall submit to County's monitoring of said compliance. Vendor may be a business associate of County, as that term is defined in the 'Privacy Rule' enacted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HlPAA Business Associate, vendor may use or disclose protected health information ('PHI') to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HlPAA management, administrative or legal responsibilities of the Business Associate. Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County. Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information. 19. APPEALS Appeals must be submitted in writing within seven (7) working days after the review committee notification of proposed recommendations. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, Califomia 937024599. Appeals should address only areas regarding RFP contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process. The Purchasing Manager will provide a written response to the complaint within seven (7) working days unless the complainant is notified more time is required. If the protesting bidder is not satisfied with the decision of the Purchasing Manager, helshe shall have the right to appeal to the Purchasing Agent within seven (7) business days after notification of the Purchasing Manager's decision. If the protesting bidder is not satisfied with Purchasing Agent decision, the final appeal is with the Board of Supervisors. 20. OBLIGATIONS OF CONTRACTOR: A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the Urlitd States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. B) CONTRACTOR shall obey all Federal, State, local and special district laws, ordinances and regulations. 21. AUDITS & RETENTION: The Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of Califomia, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the 'Covered Entity' under HIPAA'S Privacy Rule, except as authorized for G:\PUBLIC\RFW504689 SHEETS AND TOWELS.MX: , . QUOTATION NO. 850-4689 Page 2 BIDDING INSTRUCTIONS CONTRACT SUPPLIES The County of Fresno is requesting bids for its requirement of sheets and towels for the Jail & Juvenile Hall facilities in Fresno County. AWARD: The County of Fresno reserves the right to make the award on the basis of the entire group or on a per line item basis. The award will be made in a manner determined to be to the best advantage of the County. The County will be the sole judge in making such determination. COPIES: Submit one (1) original and two (2) copies of your quotation no later than the RFQ closing date and time as stated on the front of this document, to County of Fresno Purchasing. ISSUING AGENT: This RFQ has been issued by County of Fresno Purchasing. Purchasing shall be the vendor's sole point of contact with regard to the RFQ, its content, and all issues concerning it. AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of the County Purchasing. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, it content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor's quotation. The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County's established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board. RIGHT TO REJECT BIDS: The County reserves the right to reject any and all bids and to waive informalities or irregularities in bids. QUANTITIES: Quantities shown in the bid schedule are approximate and the County guarantees no minimum amount. The County reserves the right to increase or decrease quantities. SPECIFICATIONS AND EQUALS: Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their equals. Alternate offers are to be supported by literature, which fully describes items that you are bidding. G:\WBUCWFPU150.46S9 SHEETS AND T0WELS.W QUOTATION NO. 850-4689 Page 3 No exceptions to or deviations from this specification will be considered unless each exception or deviation is specifically stated by the bidder in the designated places. If no exceptions or deviations are shown the bidder will be required to furnish items exactly as specified herein. The burden of proof of compliance with this specification is the responsibility of the bidder. LITERATURE: Bidders shall submit literature, which fully describes items on which they are bidding, not later than the closing date of this bid. Any and all literature submitted must be stamped with bidders name and address. MERCHANDISE RETURNABLE FOR FULL CREDIT: Bidder agrees to accept for full credit any merchandise sold by him on contract or award resulting from this bid, if returned in good condition by the County. GUARANTEE AGAINST DEFECTS: All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed. ORDERING: Orders will be placed as required by the various County departments. F.O.B. point shall be Destination. INVOICING: All invoices are to be mailed in duplicate to the County of Fresno, specifying ordering department's address. Reference shall be made to the County of Fresno ordering department. Reference shall be made to the purchase order numberJContract number. SAMPLES: On request, samples of the products on which you are bidding shall be made available to the County. County will designate where samples are to be delivered. Successful bidder's samples may be retained for checking against delivery, in which case allowance will be made to vendor. PACKAGING: Each item listed in the bid gives as part of its description the minimum packaging size that the County would order. The County feels it more reasonable to order the successful bidder's standard "carton" sizes; therefore, each bidder is asked to fill in the information for each item. Normally the circumstances resort to minimum package size orders. Be sure to fill in your "standard" carton size on the quotation schedule if different from stated. Quote separate prices on each individual item in County unit of measure (i.e., EA, DZ, PG, not your standard carton price). CONTRACT TERM: It is County's intent to contract with the successful bidder for a term of one year with the option to renew for up to two (2) additional one (1) year periods. County will retain the right to terminate the Agreement upon giving thirty (30) days advance written notification to the Contractor. VENDOR ASSISTANCE: Successful bidder shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements. TERMINATION: This agreement may be terminated by the County at any time upon written notice. QUOTATION NO. 850-4689 Page 4 INSURANCE: Without limiting the COUNTY'S right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement: A. Commercial General Liability Commercial General Liability lnsurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. County may require specific coverages including completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of this contract. B. Automobile Liability Comprehensive Automobile Liability lnsurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non- owned vehicles used in connection with this Agreement. C. Professional Liability If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability lnsurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as 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 for 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 of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date contractor executes this Agreement, contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Purchasing, 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 Commercial General Liability insurance names 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; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by G:\PUELIC1RFP\85M889 SHEUS AND TOWELS.DOC QUOTATION NO. 850-4689 Page 5 County, its officers, agents and employees, shall be excess 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 notice given to County. In the event contractor fails to keep in effect at all times insurance coverage as herein provided, 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 admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. HOLD HARMLESS CLAUSE: Contractor agrees to indemnify, save, hold harmless and at County's request, defend the County, its officers, agents and employees, from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to County in connection with the performance, or failure to perform, by Contractor, its officers, agents or employees under this Agreement and from any and all costs and expenses, damages, liabilities, claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents or employees under this Agreement. ASSURANCES: Any contract awarded under this RFQ must be carried out in full compliance with The Civil Rights Act of 1964, The Americans With Disabilities Act of 1990, their subsequent amendments, and any and all other laws protecting the rights of individuals and agencies. The County of Fresno has a zero tolerance for discrimination, implied or expressed, and wants to ensure that policy continues under this RFQ. The contractor must also guarantee that services, or workmanship, provided will be performed in compliance with all applicable local, state, or federal laws and regulations pertinent to the types of services, or project, of the nature required under this RFQ. In addition, the contractor may be required to provide evidence substantiating that their employees have the necessary skills and training to perfarm the required services ar wwrk. PRICES: Bidder agrees that prices quoted are maximum for the contract period, and in the event of a price decline, such lower prices shall be extended to the County of Fresno. . . . . QUOTATION NO. 850-4689 Page 6 BIDDER TO COMPLETE THE FOLLOWING: GUARANTEED DELIVERY: Bidder will be considered in award of bid only if they can guarantee delivery. Enter guaranteed delivery on this line (i.e. number of days from receipt of order to delivery): By: The County may require additional items from those in bid schedule. Price list for additional items: A 5 percent discount from manufacturer's enclosed price list will be allowed on purchases of all additional items. State name of price list, indicate applicable price column and give effective date of price list here: prices on additional items will be based on successful bidder's firm discount prices from manufacturer's current published price list. Successful bidder will be required to file any new price list that may become effective during the life of the contract with the County of Fresno Purchasing Manager within thirty (30) days of its becoming effective. I. Phone number(^^)^^^ 03g(o Fax number: (5~7 054 3 . - \ ' \ MINIMUM ORDER: Bidder to state minimum order quantities and charges for less than minimum order quantity (if not stated it will be assumed there are none). G:WBLICWF~ SHEETS AND TOWELSWC . . QUOTATION NO. 850-4689 Page 7 The County of Fresno Local Vendor Preference is applicable to this Request for Quotation. Refer to the General Conditions section for details. Qualified Vendors that desire consideration as a Fresno County Local Vendor under this RFQ must complete the "Statement of Local Vendor Certification" contained herein and submit it as a part of their quotation. Late submittals of the "Statement of Local Vendor Certification" will not be considered. Submission of this statement will qualify the vendor for treatment as a local vendor for purposes of this RFQ only. The statement made under this RFQ shall not qualify the vendor as a local vendor under any other RFQ. LOCAL VENDOR CERTIFICATION: Any vendor claiming to be a local vendor, as defined under the General Conditions section of this RFQ, shall so certify in writing to the purchasing agent. The purchasing agent shall not be required to verify the accuracy or any such certifications, and shall have sole discretion to determine if a vendor meets the definition of "local vendor." Any person or business falsely claiming to be a local vendor under this section shall be ineligible to transact any business with the County for a period of not less than three (3) months and not more twenty-four (24) months as determined in the sole discretion of the purchasing agent. The purchasing agent shall also have the right to terminate all or any part of any contract entered into with such person or business. STATEMENT OF LOCAL VENDOR CERTIFICATION COUNTY OF FRESNO Qualified hd ms desiiring &mideration uncb the F~esrw, County Local Vendor Preference must complete the following and submit with their quotation (print or type). I I (individual submitting bid) (title) Oflfor Certify that (Company Name) (Company Name) Is a Fresno County local Vendor as defined under the General Conditions section of this RFQ and therefore qualifies for the Local Vendor Preference. Signature Title Date . . QUOTATION NO. 850-4689 NOTIFICATION OF RE-BID Page 8 If a local vendor's bid qualifies under Fresno County's Local Vendor Preference, the local vendor will be notified of hislher opportunity to re-bid. If so notified, the Vendor must submit hislher re-bid within forty-eight (48) hours of notification (excluding weekends and holidays). Notification will be issued by e-mail or Fax, whichever is preferred by the vendor. Notification to Vendor shall be considered complete upon County's transmission of e-mail or Fax. The local vendor shall state histher preferred method of notification below along with the appropriate e-mail address or Fax number. Notification by County will be limited to one of those two (2) methods. It will be the local vendor's responsibility to check hislher e-mail or +me- for not-Ttre vendor"sdekayTn Ecelving fGither ii6tifiFa~nwifio~al~r the forty-eight (48) hour period allowed for re-bid submission. LOCAL VENDOR TO COMPLETE: Indicate *ONE method for notification of Local Vendor re-bid by providing the appropriate e- mail address or Fax number. Submit this document as a part of your quotation. E-Mail Address or Fax Number (Identify contact person if using a Fax Number) GWBUC\RFQW0489 SHEETS AND TOWELS.MH: QUOTATION NO. 850-4689 Page 9 Firm: hmar;c-~~~\\~'~ 39.~5 REFERENCE LIST Provide a list of at least five (5) customers for whom you have recently provided similar services (preferably California State or local government agencies). Be sure to include all requested informat~on. \ Reference ~arne:~\t~L q C 3 - 0 65 contact: s\\i-n ~y&\,<fl~t~ Address: -107 7-t\,r A "=+A. . , v- .fl-fl~r"~,~~<>~.-7~F-""~ r-% .-.. ,". 7- -?*- -r& 7, -\ .--c. . . , * - < 6, .$.# Reference Name: I_ R C-anb, - X.3 a contact: ~mri~?ru, ~MO. \ Address: \\ 00 N - E City: L& h&bA State: (:I\ Zip: ?av1.3 Phone No.: (3a3'-) sb 7 &-303 Date: A,- ?3\- 93 c~'I-%(R,QA 4 R C\Q!LLNJ^. Phone No.: (bL \ Service Provided: wu -,,a L;', 7- Failure to provide a list of at least five (5) customers may be cause for rejection ""of this RFQ. G.WUBLICWFQWO43BB SHEElS AND TOWaSDOC QUOTATION NO. 850-4689 Page 10 BIDDER TO COMPLETE THE FOLLOWING: PARTICIPATION The County of Fresno is a member of the Central Valley Purchasing Group. This group consists of Fresno, Kern, Kings, and Tulare Counties and all governmental, tax supported agencies within these counties. Whenever possible, these agencies co-op (piggyback) on contracts put in place by one of the other agencies. Any agency choosing to avail itself of this opportunity, will make purchases in their own name, make payment directly to the contractor, be liable to the contractor and vice versa, per the terms of the original contract, all the while holding the County of Fresno harmless. If awarded this contract, please indicate whether you would extend the same terms and conditions to all tax supported agencies within this group as you are proposing to extend to Fresno County. -Yes, we will extend contract tens and conditions to all qualified agencies within the Central Valley Purchasing Group. than the County of Fresno. l'h~) abw G:\PUBLIMFQUlS0480 SHEETS AN0 TOWELS.MX: QUOTATION SCHEDULE SEND ORIGINAL OF QUOTATION TO COUNTY PURCHASING DIVISION. MAKE A COPY FOR YOUR FILE. 3UOTATION NO. 8504689 COMPANY: =.O.B. POINT SHALL BE DESTINATION OR FREIGHT CHARGES MUST BE STATED .J Estimated Annual Usage ITEM DESCRIPTION QTY UNlT UNlT PRICE EXTENDED BRAND NAME PRICE TRADE # Bidders are to quote per unit price. State case packaging for each item. Quantity amount is the Estimated Annual Usage. Entire quantity will not be ordered with one ourchase. but over the ~eriod of one vear. F.O.B. Point shall be Destination or freight charges must be stated. 1. Sheets, flat, white, 66" x 1 15", T-180 percale, 50% Polyester, 50% Cotton. Hems top & bottom, durable side selvages. Weight: 3.50 oz. per square yard. Shrinkage in warp & filling 3%. Provide 1 dozen samples of the product you are bidding. Product #: \\aR0unit/pkg: 3 "b~i§- w\m ATTENTION BIDDER - IMPORTANT 7.975% TAX I. BIDDERS ARE TO ENTER THEIR FIRM NAME ON ALL PAGES. ! BIDDERS MUST INDICATE THE BRAND NAME AND TRADE NUMBERS OF ALL ITEMS THEY ARE QUOTING. IF NOT INDICATED IT WILL BE ASSUMED BIDDER IS QUOTING AS SPECIFIED. . THE COUNTY OF FRESNO IS SUBJECT TO SALESIUSE TAX. BIDDERS ARE TO INnlCATF TAY lhl CDArc DDn\flncn stlqe rrrrra' Ir A mn, mr . ". r aWX7 37 JOY. -z' QUOTATION SCHEDULE SEND ORIGINAL OF QUOTATION TO COUNTY PURCHASING DIVISION. MAKE A COPY FOR YOUR FILE. 2UOTATION NO. 8504689 COMPANY: '.O.B. POINT SHALL BE DESTINATION OR FREIGHT CHARGES MUST BE STATED IN QUOTATION. Estimated Annual Usage ITEM DESCRIPTION UNIT EXTENDED BRAND NAME QTY UNIT PRICE PRICE TRADE # rg 2. Towels. Bath, White. 20" x 40; 86% Cotton. 14% 600 DZ $12 3 2 7 (0 53 AfS I polyester, 100% Combed Cotton Terry Pile loops. Border selvage width 318" wide. Weight: -XY? c . 5.5 LB. I Provide 2 dozen samples of the product you are bidding. Product #: (&~q~SQnit/~k~: \o~c/ CQC b'n 4 204Gs5Qi~~ Samples: Each sample of product must be marked clearly with Vendors name & product number. Samples shall be furnished within five (5) working days from bid due date and furnished at no cost to the County (including shipping & handling). Provide literature or documentation from the manufacturer that describes item meeting our specifications. 7.975% TAX ATTENTION BIDDER - IMPORTANT 1. BIDDERS ARE TO ENTER THEIR FlRM NAME ON ALL PAGES. 2. BIDDERS MUST INDICATE THE BRAND NAME AND TRADE NUMBERS OF ALL ITEMS THEY ARE QUOTING. IF NOT INDICATED IT WlLL BE ASSUMED BIDDER IS QUOTING AS SPECIFIED. 3. THE COUNTY OF FRESNO IS SUBJECT TO SALESNSE TAX. BIDDERS ARE TO INDICATE TAX IN SPACE PROVIDED ON THlS FORM, IF APPLICABLE. 1. CASH DISCOUNTS OF LESS THAN 15 DAYS WlLL BE CONSIDERED AS NET IN EVALUATING THlS QUOTATION. 5. PRICES SHALL BE FIRM FOR 60 DAYS UNLESS OTHERWISE STATED.