HomeMy WebLinkAbout27505DATE: 10/13/14
Contract No.:
Contract Title:
Contract Period:
Using Agencies:
Terms:
P-14-364-L
Transportation Services
for Clients
7/1/2014 -6/30/2015
DBH
Total Contract Amt.: $75,000.00 ~~--~~-----------
Buyer Name: Carolyn Flores
Requisition No: 5631501500 -----------------------
WNEW
w TICKDATE
~_.__....~I RENEWAL
3/1/15
Vendor Number:
Name/ Address:
Representative:
Phone No.:
Email:
Org: 56304710
Supersedes:
L.__...JI ADJUSTMENT
DESCRIPTION: Transportation Services on an as needed basis for DBH clients
SPECIAL INSTRUCTIONS:
DISTRIBUTION: Completed By: Date:
DEPARTMENT: _D_BH __________ _ x __ _
REQUISITIONER: .c..M=:JK.:::E:..:M:::.::UR:.::.cc::.O ______ _ x __ _
0000172479
On Call Transport, Inc.
I REFERENCE L.-...--'
Completed By: Date
On Call Transport, Inc.
1942 Cromwell A venue
Clovis, CA 93611
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-14-364-L
July 8, 2014
The County of Fresno (County) hereby contracts with On Call Transport, Inc. (Contractor) to
provide transportation services on an as needed basis for the Department of Behavioral Health,
in accordance with the text of this agreement, Attachment "A" and Attachment "B".
TERM: This Agreement shall become effective July 1, 2014 and shall remain in effect through
june 30, 2015.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in
Attachment "A" attached, at the rates set forth in Attachment "B".
ORDERS: Orders will be placed on an as-needed basis by the Department of Behavioral
Health under this contract.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in
excess of seventy-five thousand dollars ($75,000.00).
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.
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 County of Fresno Department
of Behavioral Health, 3133 N. Millbrook, Fresno, CA 93703 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.
4~S25 E. Hamilton Avenue I Fresno, California 93702-4599/ (559) 600-7110 ! Fax ( 559) 600-7126
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 2
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 immediately terminate this Agreement upon
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:
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
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 3
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, Department of Behavioral Health, 3133 N.
Millbrook Avenue, Fresno, CA 93703, 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.
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.
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
Page 4
A. The parties to this Agreement shall be in strict conformance with all applicable Federal and
State of California laws and regulations, including but not limited to Sections 5328, 10850,
and 14100.2 et seq. of the Welfare and Institutions Code, Sections 2.1 and 431.300 et seq.
of Title 42, Code of Federal Regulations (CFR), Section 56 et seq. of the California Civil
Code and the Health Insurance Portability and Accountability Act (HIPAA), including but not
limited to Section 1320 D et seq. of Title 42, United States Code (USC) and its implementing
regulations, including, but not limited to Title 45, CFR, Sections 142, 160, 162, and 164, The
Health Information Technology for Economic and Clinical Health Act (HITECH) regarding the
confidentiality and security of patient information, and the Genetic Information
Nondiscrimination Act (GINA) of 2008 regarding the confidentiality of genetic information.
Except as otherwise provided in this Agreement, CONTRACTOR, as a Business Associate
of COUNTY, may use or disclose Protected Health Information (PHI) to perform functions,
activities or services for or on behalf of COUNTY, as specified in this Agreement, provided
that such use or disclosure shall not violate the HIPAA, USC 1320d et seq. The uses and
disclosures of PHI may not be more expansive than those applicable to COUNTY, as the
"Covered Entity" under the HIPAA Privacy Rule (45 CFR 164.500 et seq.), except as
authorized for management, administrative or legal responsibilities of the Business
Associate.
B. CONTRACTOR, including its subcontractors and employees, shall protect, from
unauthorized access, use, or disclosure of names and other identifying information,
including genetic information, concerning persons receiving services pursuant to this
Agreement, except where permitted in order to carry out data aggregation purposes for
health care operations [45 CFR Sections 164.504 (e)(2)(i), 164.504 (3)(2)(ii)(A), and
164.504 (e)(4)(i)] This pertains to any and all persons receiving services pursuant to a
COUNTY funded program. This requirement applies to electronic PHI. CONTRACTOR
shall not use such identifying information or genetic information for any purpose other than
carrying out CONTRACTOR's obligations under this Agreement.
C. CONTRACTOR, including its subcontractors and employees, shall not disclose any such
identifying information or genetic information to any person or entity, except as otherwise
specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or
other law, required by the Secretary, or authorized by the client/patient in writing. In using or
disclosing PHI that is permitted by this Agreement or authorized by law, CONTRACTOR
shall make reasonable efforts to limit PHI to the minimum necessary to accomplish
intended purpose of use, disclosure or request.
D. For purposes of the above sections, identifying information shall include, but not be limited
to name, identifying number, symbol, or other identifying particular assigned to the
individual, such as finger or voice print, or photograph.
E. For purposes of the above sections, genetic information shall include genetic tests of family
members of an individual or individual, manifestation of disease or disorder of family
members of an individual, or any request for or receipt of, genetic services by individual or
family members. Family member means a dependent or any person who is first, second,
third, or fourth degree relative.
F. CONTRACTOR shall provide access, at the request of COUNTY, and in the time and
manner designated by COUNTY, to PHI in a designated record set (as defined in 45 CFR
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 5
Section 164.501 ), to an individual or to COUNTY in order to meet the requirements of 45
CFR Section 164.524 regarding access by individuals to their PHI. With respect to
individual requests, access shall be provided within thirty (30) days from request. Access
may be extended if CONTRACTOR cannot provide access and provides individual with the
reasons for the delay and the date when access may be granted. PHI shall be provided in
the form and format requested by the individual or COUNTY.
CONTRACTOR shall make any amendment(s) to PHI in a designated record set at the
request of COUNTY or individual, and in the time and manner designated by COUNTY in
accordance with 45 CFR Section 164.526.
CONTRACTOR shall provide to COUNTY or to an individual, in a time and manner
designated by COUNTY, information collected in accordance with 45 CFR Section 164.528,
to permit COUNTY to respond to a request by the individual for an accounting of disclosures
of PHI in accordance with 45 CFR Section 164.528.
G. CONTRACTOR shall report to COUNTY, in writing, any knowledge or reasonable belief that
there has been unauthorized access, viewing, use, disclosure, security incident, or breach of
unsecured PHI not permitted by this Agreement of which it becomes aware, immediately
and without reasonable delay and in no case later than two (2) business days of discovery.
Immediate notification shall be made to COUNTY's Information Security Officer and Privacy
Officer and COUNTY's DBH HIPAA Representative, within two (2) business days of
discovery. The notification shall include, to the extent possible, the identification of each
individual whose unsecured PHI has been, or is reasonably believed to have been,
accessed, acquired, used, disclosed, or breached. CONTRACTOR shall take prompt
corrective action to cure any deficiencies and any action pertaining to such unauthorized
disclosure required by applicable Federal and State Laws and regulations. CONTRACTOR
shall investigate such breach and is responsible for all notifications required by law and
regulation or deemed necessary by COUNTY and shall provide a written report of the
investigation and reporting required to COUNTY's Information Security Officer and Privacy
Officer and COUNTY's DBH HIPAA Representative. This written investigation and
description of any reporting necessary shall be postmarked within the thirty (30) working
days of the discovery of the breach to the addresses below:
County of Fresno County of Fresno County of Fresno
Department of Behavioral Health Dept. of Public Health Information Technology Services
HIPAA Representative Privacy Officer Information Security Officer
(559) 600-9180 (559) 600-6405 (559) 600-5800
4441 E. Kings Canyon P.O. Box 11867 2048 N. Fine Street
Fresno, CA 93702 Fresno, CA 93775 Fresno, CA 93727
H. CONTRACTOR shall make its internal practices, books, and records relating to the use and
disclosure of PHI received from COUNTY, or created or received by the CONTRACTOR on
behalf of COUNTY, in compliance with HIPAA's Privacy Rule, including, but not limited to
the requirements set forth in Title 45, CFR, Sections 160 and 164. CONTRACTOR shall
make its internal practices, books, and records relating to the use and disclosure of PHI
received from COUNTY, or created or received by the CONTRACTOR on behalf of
COUNTY, available to the United States Department of Health and Human Services
(Secretary) upon demand.
G:\PUBLIC\C~CTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 6
CONTRACTOR shall cooperate with the compliance and investigation reviews conducted by
the Secretary. PHI access to the Secretary must be provided during the CONTRACTOR's
normal business hours, however, upon exigent circumstances access at any time must be
granted. Upon the Secretary's compliance or investigation review, if PHI is unavailable to
CONTRACTOR and in possession of a Subcontractor, it must certify efforts to obtain the
information to the Secretary.
I. Safeguards
CONTRACTOR shall implement administrative, physical, and technical safeguards as
required by the HIPAA Security Rule, Subpart C of 45 CFR 164, that reasonably and
appropriately protect the confidentiality, integrity, and availability of PHI, including electronic
PHI, that it creates, receives, maintains or transmits on behalf of COUNTY and to prevent
unauthorized access, viewing, use, disclosure, or breach of PHI other than as provided for
by this Agreement. CONTRACTOR shall conduct an accurate and thorough assessment of
the potential risks and vulnerabilities to the confidential, integrity and availaibility of
electronic PHI. CONTRACTOR shall develop and maintain a written information privacy and
security program that includes administrative, technical and physical safeguards appropriate
to the size and complexity of CONTRACTOR's operations and the nature and scope of its
activities. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with
information concerning such safeguards.
CONTRACTOR shall implement strong access controls and other security safeguards and
precautions in order to restrict logical and physical access to confidential, personal (e.g.,
PHI) or sensitive data to authorized users only. Said safeguards and precautions shall
include the following administrative and technical password controls for all systems used to
process or store confidential, personal, or sensitive data:
1. Passwords must not be:
a. Shared or written down where they are accessible or recognizable by anyone else;
such as taped to computer screens, stored under keyboards, or visible in a work
area;
b. A dictionary word; or
c. Stored in clear text
2. Passwords must be:
a. Eight (8) characters or more in length;
b. Changed every ninety (90) days;
c. Changed immediately if revealed or compromised; and
d. Composed of characters from at least three (3) of the following four (4) groups from
the standard keyboard:
1) Upper case letters (A-Z);
2) Lowercase letters (a-z);
3) Arabic numerals (0 through 9); and
4) Non-alphanumeric characters (punctuation symbols).
G:\PUBLIC\C~CTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 7
CONTRACTOR shall implement the following security controls on each workstation or
portable computing device (e.g., laptop computer) containing confidential, personal, or
sensitive data:
1. Network-based firewall and/or personal firewall;
2. Continuously updated anti-virus software; and
3. Patch management process including installation of all operating system/software
vendor security patches.
CONTRACTOR shall utilize a commercial encryption solution that has received FIPS 140-2
validation to encrypt all confidential, personal, or sensitive data stored on portable electronic
media (including, but not limited to, compact disks and thumb drives) and on portable
computing devices (including, but not limited to, laptop and notebook computers).
CONTRACTOR shall not transmit confidential, personal, or sensitive data via e-mail or other
internet transport protocol unless the data is encrypted by a solution that has been validated
by the National Institute of Standards and Technology (NIST) as conforming to the
Advanced Encryption Standard (AES) Algorithm. CONTRACTOR must apply appropriate
sanctions against its employees who fail to comply with these safeguards. CONTRACTOR
must adopt procedures for terminating access to PHI when employment of employee ends.
J. Mitigation of Harmful Effects
CONTRACTOR shall mitigate, to the extent practicable, any harmful effect that is suspected
or known to CONTRACTOR of an unauthorized access, viewing, use, disclosure, or breach
of PHI by CONTRACTOR or its subcontractors in violation of the requirements of these
provisions. CONTRACTOR must document suspected or known harmful effects and the
outcome.
K. CONTRACTOR's Subcontractors
CONTRACTOR shall ensure that any of its contractors, including subcontractors, if
applicable, to whom CONTRACTOR provides PHI received from or created or received by
CONTRACTOR on behalf of COUNTY, agree to the same restrictions, safeguards, and
conditions that apply to CONTRACTOR with respect to such PHI and to incorporate, when
applicable, the relevant provisions of these provisions into each subcontract or sub-award to
such agents or subcontractors.
L. Employee Training and Discipline
CONTRACTOR shall train and use reasonable measures to ensure compliance with the
requirements of these provisions by employees who assist in the performance of functions
or activities on behalf of COUNTY under this Agreement and use or disclose PHI and
discipline such employees who intentionally violate any provisions of these provisions,
including termination of employment.
M. Termination for Cause
Upon COUNTY's knowledge of a material breach of these provisions by CONTRACTOR,
COUNTY shall either:
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 8
1. Provide an opportunity for CONTRACTOR to cure the breach or end the violation and
terminate this Agreement if CONTRACTOR does not cure the breach or end the
violation within the time specified by COUNTY; or
2. Immediately terminate this Agreement if CONTRACTOR has breached a material term
of these provisions and cure is not possible.
3. If neither cure nor termination is feasible, the COUNTY's Privacy Officer shall report the
violation to the Secretary of the U.S. Department of Health and Human Services.
N. Judicial or Administrative Proceedings
COUNTY may terminate this Agreement in accordance with the terms and conditions of this
Agreement as written hereinabove, if: (1) CONTRACTOR is found guilty in a criminal
proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or (2) a
finding or stipulation that the CONTRACTOR has violated a privacy or security standard or
requirement of the HITECH Act, HIPAA or other security or privacy laws in an administrative
or civil proceeding in which the CONTRACTOR is a party.
0. Effect of Termination
Upon termination or expiration of this Agreement for any reason, CONTRACTOR shall
return or destroy all PHI received from COUNTY (or created or received by CONTRACTOR
on behalf of COUNTY) that CONTRACTOR still maintains in any form, and shall retain no
copies of such PHI. If return or destruction of PHI is not feasible, it shall continue to extend
the protections of these provisions to such information, and limit further use of such PHI to
those purposes that make the return or destruction of such PHI infeasible. This provision
shall apply to PHI that is in the possession of subcontractors or agents, if applicable, of
CONTRACTOR. If CONTRACTOR destroys the PHI data, a certification of date and time of
destruction shall be provided to the COUNTY by CONTRACTOR.
P. Disclaimer
COUNTY makes no warranty or representation that compliance by CONTRACTOR with
these provisions, the HITECH Act, HIPAA or the HIPAA regulations will be adequate or
satisfactory for CONTRACTOR's own purposes or that any information in CONTRACTOR's
possession or control, or transmitted or received by CONTRACTOR, is or will be secure
from unauthorized access, viewing, use, disclosure, or breach. CONTRACTOR is solely
responsible for all decisions made by CONTRACTOR regarding the safeguarding of PHI.
Q. Amendment
The parties acknowledge that Federal and State laws relating to electronic data security and
privacy are rapidly evolving and that amendment of these provisions may be required to
provide for procedures to ensure compliance with such developments. The parties
specifically agree to take such action as is necessary to amend this agreement in order to
implement the standards and requirements of HIPAA, the HIPAA regulations, the HITECH
Act and other applicable laws relating to the security or privacy of PHI. COUNTY may
terminate this Agreement upon thirty (30) days written notice in the event that
CONTRACTOR does not enter into an amendment providing assurances regarding the
safeguarding of PHI that COUNTY in its sole discretion, deems sufficient to satisfy the
standards and requirements of HIPAA, the HIPAA regulations and the HITECH Act.
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
R. No Third-Party Beneficiaries
Page 9
Nothing express or implied in the terms and conditions of these provisions is intended to
confer, nor shall anything herein confer, upon any person other than COUNTY or
CONTRACTOR and their respective successors or assignees, any rights, remedies,
obligations or liabilities whatsoever.
S. Interpretation
The terms and conditions in these provisions shall be interpreted as broadly as necessary to
implement and comply with HIPAA, the HIPAA regulations and applicable State laws. The
parties agree that any ambiguity in the terms and conditions of these provisions shall be
resolved in favor of a meaning that complies and is consistent with HIPAA and the HIPAA
regulations.
T. Regulatory References
A reference in the terms and conditions of these provisions to a section in the HIPAA
regulations means the section as in effect or as amended.
U. Survival
The respective rights and obligations of CONTRACTOR as stated in this Section shall
survive the termination or expiration of this Agreement.
V. No Waiver of Obligations
No change, waiver or discharge of any liability or obligation hereunder on any one or more
occasions shall be deemed a waiver of performance of any continuing or other obligation, or
shall prohibit enforcement of any obligation on any other occasion.
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.
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Page 10
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" and
Attachment "B"); (2) Attachment "A" and Attachment "B".
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 Carolyn Flores, Buyer Ill, at 600-7112 or
cflores@co.fresno.ca.us.
FOR THE COUNTY OF FRESNO
?arf~uerf ~A<VV)
Purchasing anager
4525 East Hamilton Avenue
Fresno, CA 93702-4599
7-Y' IL-} Date:
GEC:CF:ssj
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
dn Call Transport, Inc.
July 8, 2014
CONTRACTOR TO COMPLETE:
Company: Q t\t... C-.Ai{ '!"'~N"S=f>d~
Type of Entity:
D Individual :fi!. Limited Liability Company
D Sole Proprietorship
D Corporation
D Limited Liability Partnership
D General Partnership
Print Name and Title I Date
Signed by:
Print Name and Title Date
Address City State Zip
Page 11
TELEPHONE NUMBER FAX NUMBER
()II ~~ 'is3 e_t.{ 4+ttJo. ~
E-MAIL ADDRESS
ACCOUNTING USE ONLY
ORG No.: 56304710
Account No.: 7295
Requisition No.: 5631501500
(04/14)
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
ATTACHMENT '~"
SERVICE
Service Description:
Attachment Page 1 of 3
1) Contractor shall provide transportation services of persons discharged from hospital facilities
outside of Fresno County to locations within Fresno County.
2) Service will include traveling to hospital facilities designated by the Department of
Behavioral Health to pick up identified persons and transport them to a residence or
alternative location as per facility discharge instructions.
3) The residence or alternative location for drop off of individuals may be anywhere within
Fresno County limits, including the metropolitan area of Fresno/Clovis as well as all rural
communities in Fresno County.
4) Locations of designated facilities outside of Fresno County to pick up persons may include,
but not be limited to, Visalia, Bakersfield, Merced, Ventura and Sacramento.
5) Transports may include between one and five persons per trip.
6) Transports may, on occasion, be required more than once per day.
7) Transportation services are to be available Monday through Friday. Weekend and holiday
transports may be necessary.
8) Contractor shall provide transportation services for severely mentally ill persons who have
wheelchairs, hoyer lifts, walkers, or other medical devices or who may have medical needs.
Transports for these individuals will be infrequent, typically no more than three or four per
year.
9) Service will include traveling to designated residential care facilities throughout the State to
pick up individuals and transport them to Fresno County for an appointment. Service may
include return transport to the designated facility on the same day or next day as determined
by the County of Fresno. Transports for these individuals will typically have 24 hour
advanced notice.
1 0) Service may also include traveling to designated residential care facilities throughout the
State to pick up an individual and transport him/her to a different residential care facility.
Transports for these individuals may have four hours advanced notice.
County Responsibilities:
1) County shall provide as much advance notice as possible to Contractor when transportation
service is needed; provide a minimum of a two hour notice provided on all transports.
2) County shall notify Contractor of the location of where each person is to be picked up and
the destination to where he/she is to be transported.
3) County shall be available to provide information as quickly as possible to Contractor in the
event that a person is not at the pick-up site when services are requested.
G:\PUBLIC\CONTRACTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
July 8, 2014
Attachment Page 2 of 3
a) For transports of persons discharged from hospital facilities, Contractor may call the
Department of Behavioral Health, attention Hospital Transport Liaison, at (559) 600-
4099.
b) For transports of severely mentally ill persons transported to/from residential facilities,
Contractor may call the Department of Behavioral Health attention, Conservatorship
Team, at (559) 600-4099.
G:\PUBLIC\C~CTS & EXTRACTS\L\P-14-364-L AGREEMENT.DOC
PROCUREMENT AGREEMENT NUMBER: P-14-364-L
On Call Transport, Inc.
Attachment Page 3 of 3
July 8, 2014
ATTACHMENT "B"
RATES FOR SERVICES
Vehicle Type Maximum Rate Rate Additional Charges Passengers
(Van I Car I (fromltoFresnoiCiovis
· (fromltoout~of~town) Bus) Per vehicle type area) . Please describe here
$20.00 per Round-trip, plus $20.00 per Round-trip,
Car 3 Ambulatory $2.00 per mile plus $2.00 per mile,
plus $0.40 per mile empty
$20.00 per Round-trip, plus $20.00 per Round-trip, Wait Time: $30.00 per hour
Caged Car 3 Ambulatory $2.00 per mile plus $2.00 per mile, No Show: $10.00 (car)
plus $0.40 per mile empty No Show: $20.00 (van)
5 Ambulatory $40.00 per Round-trip,
Van or $40.00 per Round-trip, plus plus $2.20 per mile, 3 Ambulatory 2 $2.20 per mile plus $0.50 per mile empty Wheelchairs
G: \PUBLIC\ CONTRACTS & EXTRACTS\L \P-14-364-L AGREEMENT. DOC