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HomeMy WebLinkAbout27374Janet Nelson l4SEP \9 AH 9:31 County of Fresno INTERNAL SERVICES DEPARTMENT ROBERT BASH, DIRECTOR -CIO Facility Services Fleet Services Graphics Information Technology Purchasing Security Telecommunications PROCUREMENT AGREEMENT Agreement Number P-14-561-P September 11, 2014 DBA Choice Compliance Solutions 2746 E Jensen Avenue Fresno, CA 93706 The County of Fresno (County) hereby contracts with Choice Compliance Solutions (Contractor) to provide mobile drug and alcohol testing in accordance with the text of this agreement and Attachment "A", by this reference made a part hereof. TERM: This Agreement shall become effective October 1, 2014 and shall remain in effect through September 30, 2017. EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment "A" attached, at the rates set forth in Attachment "A". ORDERS: Orders will be placed on an as-needed basis by County of Fresno Department of RISK Management under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of sixty thousand dollars ($60,000.00). 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. 4525 E. Hamilton Avenue I Fresno, California 93702-45991 (559) 600-7110 I Fax (559) 600-7126 PROCUREMENT AGREEMENT NUMBER: P-14-561-P Choice Compliance Solutions September 11, 2014 Page 2 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. DEFAULT: In case of default by Contractor, the County may procure the articles/services 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. INVOICE TERMS: Net forty five (45) days from the later of (1) Receipt of invoice or (2) Date of project completion. 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. G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-561-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-561-P Choice Compliance Solutions September 11, 2014 INSURANCE: Page 3 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 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 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 Insurance 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 Insurance 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 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, RISK Management Attn: Devon Benbrook 2220 Tulare Street, 16 1h Floor, Fresno, CA, 93721 stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents G:\PUBLIC\C~CTS & EXTRACTS\P\P-14-561-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-561-P Choice Compliance Solutions September 11, 2014 Page4 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. 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. 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 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. G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-561-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-561-P Choice Compliance Solutions September 11, 2014 Page 5 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") and (2) Attachment "A". 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 Debbie Scharnick, Buyer I, at (559) 600-7111 ore- mail dscharnick@co.fresno.ca.us FOR THE COUNTY OF FRESNO Gary E. ornuelle Purch ing Manager 4525 East Hamilton Avenue Fresno, CA 93702-4599 Date: GEC:DLS:hrs G:\PUBLIC\C~CTS & EXTRACTS\P\P-14-561-P AGREEMENT.DOC PROCUREMENT AGREEMENT NUMBER: P-14-561-P Choice Compliance Solutions September 11, 2014 CONTRACTOR TO COMPLETE: Company (1J, ol( e::, OopA 'f\u:wc.e So\.uJ-~ GV\ 0:> Type of Entity: 0 Individual I& Sole Proprietorship 0 Corporation 0 Limited Liability Company 0 Limited Liability Partnership 0 General Partnership Signedby: ~ Priot Name aod H~~ = O~Dovr Signed by: Print Name and Title E Address City (fffj 2b8-3333 TELEPHONE NUMBER FAX NUMBER ACCOUNTING USE ONLY ORG No.: 89250100 Account No.: 7295 Requisition No.: 8921500115 (08/14) G:\PUBLIC\CONTRACTS & EXTRACTS\P\P-14-561-P AGREEMENT.DOC Date State PageS Zip County of Fresno Proposal No. 989-5282 Section XIV-COST PROPOSAL Price quotes for Department of Transportation (D.O.T.) approved/certified test services only. Quote should include services of a Certified HHS laboratory. All quotes for services shall include labor, materials, equipment, lab costs, travel cost, taxes, etc., to provide drug and alcohol testing. Item Description !.Controlled Substance Testing D.O.T w/MRO Certification 2.Breath Alcohol Testing Screen 3. Alcohol Testing in Cm~unction With Urine Collection 4. Discount on Multiple Test given 5. Waiting charge in excess of one (1) Hour (Payable in 15 minute increments) 6. No Show Fee (appointment not Cancelled in a timely manner 7. Split Sample Confirmation Tests (RE: B Sample) 8. Charge if portable restroom needed *NA: No ext quantity available. Est. Quantity 100 50 20 NA* NA* NA* NA* NA* Unit Price Extended Price $55.00 $5500.00 $ 30.00 $ 1500.00 $ 75.00 $ 1500.00 $ .00 $ .00 $ 30.00 $ ? $ 50.00 $ ? $250.00 $ ? $ NA $ NA Please note #4 no discount provided for multiple collection since I will be providing a discount if paid within 15 days. Please note that 5, 6, 7 do not have extended totals quantity unavailable Please note #8 at this time we do not have portable restroom available, Pending. Section XII Scope of Work 1