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California Forensic Phlebotomy - 2010-10-01
r �CONTRACTS SUBMITTAL TO CITY CLERIC'S OFFICE 2010 JU' 19 Pi I'I'Jda 1 To JOAN FLYNN, City Clerk Name of Contractor California Forensic Phlebotomy Purpose of Contract For Example Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Phlebotomy Call -Out Services Amount of Contract $99,000 00 Copy of contract distributed to The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept El Finance Dept ❑ ORIGINAL bonds sent to Treasurer ❑ 6V74 j Date -�7 Name/Extenswn City Attorney s Office /d — / —/0 �/b-/-/3 -�o c <Ct 1 r] G AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND California Forensic Phlebotomy Incorporated FOR Phlebotomy Call -Out Services THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and California Forensic Phlebotomy. I�rporated, a California Corporation hereinafter referred to as "CONSULTANT " WHEREAS, CITY desires to engage the services of a consultant to provide 24 hour call out phlebotomy services and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3 03, relating to procurement of professional service contracts have been complied with, and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometimes hereinafter be referred to as the "PROJECT " CONSULTANT hereby designates Russell A Liedholm who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement 2 CITY STAFF ASSISTANCE 1 of 11 agree/ surfnet/professional svcs 50 to 100 12 07 CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement 3 TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement The services of CONSULTANT are to commence on October 01, 2010 (the "Commencement Date") This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein 4 COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Ninety nine thousand Dollars ($99,000 00) 5 EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY Additional compensation for such extra work shall be allowed only if the prior written approval of 2of11 agree/ surfnet/professional svcs 50 to 100 1207 CITY is obtained 6 METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 7 DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first These materials may be used by CITY as it sees fit 8 HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies are 3of11 agree/ surfriet/professional svcs 50 to 100 1207 applicable The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT 9 PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and in the aggregate The abovementioned insurance shall not contain a self -insured retention without the express written consent of CITY, however an insurance policy "deductible" of Ten Thousand Dollars ($10,000 00) or less is permitted A claims -made policy shall be acceptable if the policy further provides that A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements) B CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at 4of11 agree/ surfnet/professional svcs 50 to 100 1207 the CITY's election, to forthwith terminate this Agreement Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement, the certificate shall A provide the name and policy number of each carrier and policy, B state that the policy is currently in force, and C shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice, however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and mdemmfication obligations as set forth in this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required 5of11 agree/ swfnet/professional svcs 50 to 100 1207 11 INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and Its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder 12 TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become Its property and shall be promptly delivered to It by CONSULTANT 13 ASSIGNMENT AND DELEGATION This Agreement Is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY If an assignment, delegation or subcontract Is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth In Sections 9 and 10 hereinabove 14 COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, Item or 6ofII agree/ surfnet/professional svcs 50 to 100 12 07 material produced as a result of this Agreement 15 CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 16 NOTICES Anv notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U S certified mail -return receipt requested TO CITY City of Huntington Beach ATTN Dale A Miller 2000 Main Street Huntington Beach, CA 92648 17 CONSENT TO CONSULTANT California Forensic Phlebotomy, Inc (G,��U-UInM" U LP-IMUUG PHLEBOTOMY, UNC 27702 Monoo PCV Suit L9-rA7 dim Ranch, CGS 02OW When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event 7of11 agree/ surfnet/professional sves 50 to 100 12 07 18 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 19 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 20 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this 8of11 agree/ surfnet/professional Svcs 50 to 100 1207 Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 21 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 22 IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 23 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT 24 ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party 9ofII agree/ surfnet/professional svcs 50 to 100 1207 25 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive 26 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California 27 SIGNATORIES Each undersigned represents and warrants that its signature herembelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn 11 CONSULTANT's Initials Az� 28 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, 10of11 agree/ surfnet/professional Svcs 50 to 100 1207 and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29 EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers This Agreement shall be effective on the date of its approval by the City Attorney This Agreement shall expire when terminated as provided herein CONSULTANT, California Forensic Phlebotomv. Incornorated of COMPANY NAME By L .rsc&,1, �. o e a� �►�► print name ITS (circle one) Chairm restden e President M By Go�`P �.� ��r��y sJ print name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary — Treasurer 11 of 11 agree/ surfnet/professional svcs 50 to 100 1207 CITY OF HUNTINGTON BEACH, a mumcipaJ corporation of the State of Califoa6ia A Administrator INITIATED AND APPROVED Chief of Police �— APPROVED AS TO FORM C.,. City Attorney A --I►3 �.e Date EXHIBIT "All A STATEMENT OF WORK (Narrative of work to be performed) In an effort to obtasin the proper evidence from detainees that are being held for drug or alcohol related offenses, the City of Huntington Beach -Police Department obtains blood samples In order to provide this service in-house the Police Department has certified phlebotomist on duty during most shifts However during the shifts that a phlebotomist is not available the Police Department contracts to a certified private agency that provides on -site blood draws The purpose of the contracting to an outside agency is to provide 24-hour 7-day a week phlebotomy services for the purpose of gathering appropriate evidence B CONSULTANT'S DUTIES AND RESPONSIBILITIES 'I The consultant will provide trained and appropriately licensed personnel to obtain blood samples from detainees 2 The consultant will respond to requests from the Police Department to obtain a blood sample 24 hours a day 7 days a week 3 The consultant will respond to the Police Station or a hospital as determined by the Police Department to obtain the blood sample from a detainee 4 The consultant will secure and transport the blood sample to the Orange County Sheriff's Department's Porensic Crime Lab within 24-hours of obtaining the sample 5 The consultant will make sure that when they are in possession of any samples the samples will be secured and maintained 6 The consultant will provide court testimony as needed pertaining to obtaining securing and transporting blood samples from detainees at no additional cost to the City 7 The consultant will provide a monthly billing of services and a report of each blood draw provided 8 The consultant will not charge for any request for blood draw calls that are concelled within fifteen (15) minutes of the original call 9 The consultant will be allowed to charge the full fee for any request for blood draw calls that are cancelled after fifteen (15) minutes of the original call 10 The consultant will maintain all appropriate licenses and certifications required by Federal State and the County EXHIBIT ®!A®® 11 The consultant will provide workers compensation insurance of not less as set forth by City contract provisions C CITY'S DUTIES AND RESPONSIBILITIES 1 Pay contactor after an invoice is received from the consultant 2 Review all reports submitted by the consultant 3 Provide overall review of the services D WORK PROGRAM/PROJECT SCHEDULE These services will be conducted within the annual contract period It is understandable that some services will continue beyond the contract period if the services are on -going These on -going services will not have any costs that will be assessed beyond the contract period EXHIBIT "B" Payment Schedule 1 Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY 2 CONSULTANT shall be entitled to a full payment toward the fixed fee set forth herein in accordance with the following 10/01/10 — 09130111 Year 1 $31 000 10/01/11— 09130112 Year 2 * $33 000 10101112 — 09130113 Year 3 * $35 000 *The cost service response for the Year I will be $96 25 The rates per response for service for years two and three shall increase based on the CPI Index or 5% whichever as lower 3 Delivery of work product A copy of every memorandum letter, report calculation, and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product CITY shall identify specific requirements for satisfactory completion 4 CONSULTANT shall submit to CITY an invoice for each progress payment due Such invoice shall 1) Reference this Agreement 2) Describe the services performed 3) Show the total amount of the payment due 4) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement and 5) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in or has been brought into compliance or until this Agreement has expired or is terminated as provided herein 5 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement Jun 23 10 02 00p Russell A Lledholm (949) 203 2133 P 1 4ACORD CERTIFICATE OF LIABILITY INSURANCE OPIDICH �i2 Dqmolq, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fullerton Insurance Service HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 1150 E orangethorpe Ave #201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Placentia CA 92870 Phone 714-577-5800 Fax 714-577-5888 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER Pro Assurance INSURER B California Forensic Phlebotomy 26012 Marguerite PkwY H235 NSURERD Mission Vie]o CA 92692 I INSURER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY ONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL THE TERMS EXCLUSION AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS RqSRLTR NS TYPE OF INSURANCE POLICY NUMBEREFF MEX�D LIMITS A X GENERAL LIABILITY X COVM RCIA.LGENERALUABIUTY X CLAIMS MADE OCCUR X Prof Liab $2M Agg HG18175209 HPS8175209 11/17/09 11/17/09 11/17/10 11/17/10 EA HOCCURRENCE S1000000 PREMISES E umnce7 550000 WEE) EXP(A —p rs ) $ excluded PERSONAL aAOVINJURY $1000000 R Prof Dad $2500 GENERAL AGGREGATE $ 2000000 GEN L AGGREGATE LIMIT APPLIESPER X PO ICY 'E0 LOC PRODUCTS COMP/OP AGG $ Included AUTOMOBILE LWBIUTV ANY AUI'0 ALL C W NEO AUTOS SCHEDULED AUTOS HIREDAUTCS NON OWNED AUTOS COMBINED SINGE LIMIT (E dent $ SCUILY INJURY (P P ) S BODILY INJURY ( $ PROPERT OAMA (Per den) $ GARAGE LIABILITY ANY AUTO A P D AS 0 OPAM ALTOONLY EAACCIDENT $ OTHER THAN EA ACC $ AUTOONLY AGG 8 EXCESSIUMBRELLAUABIUTY OCCUR CLAIMS MP DEDUCTIBLE RETENTION $ IFER cGRAT ] mey J I EACH OCCURRENCE S AGGREGAT- $ S $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY AN' PROPRIETORIPARTNERIEXECUTIVE OFF CER/MEMBER EXCLUDED? f y a be de SPECIAL PROVISIONS below TORYUMITS ER E L ACH ACCIDENT E $ E L ❑SEA E EA EMPLOV S E L OISEA E POLICY LIMIT S OTHER DESCRIPTIDNOFOP RATIONS f LOCATIONSIVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS *10 Day notice of cancellation will apply for non-payment of premium CERTIFICATE HOLDER CANCELLATION CITYHBl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURERWILL ENOEA OR TO MAIL 30* DAYSWRITTEN City or Huntington Beach its NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO 00 SO SHALL Agents Officers & Employees IMPOSE NO OBLIGATION OR LIABILITY OFANY KIND UPON THE I SURER ITSAGENTSOR 2000 Main Street i Huntngton Beach CA 9 C48 REPRESENTATIVES AUTHORIZED REPRESENTATIVE }�' I Kavin P MCCar 'i.�l./L G ACORD 25 (2001/08) L OACORD qORPORATION 1 e?^NTICtF CITY O H O BA Professional ServiceApprovalFor t, PART I Date 5/18/2010 Project Manager Name KENNETH W SMALL POLICE CHIEF Requested by Name if different from Project Manager DALE A MILLER Detention Administrator Department Police PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS PART/ MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Briefly provide the purpose for the agreement On call 24/7 Licensed Phebotomy Services for the collection of blood evidence in drug and alcohol related crimes 2) Estimated cost of the services being sought $ 99 000 00 over 3 Years 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is No the contract will require approval from the City Council ) ® Yes ❑ No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted 10070601 69360 6) Check below how the services will be obtained ❑ A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ® MC 3 03 08(b) — Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 — Contract Limits of $30 000 or less exempt procedure will be utilized APPROVED'I City r Ai/ Department Head Signature DENIED ❑ istrator s Signature Director of Finance s Initials Date S=�i-Z�ry Date b V ( ' I ate ��qL Deputy City Administrators Initials l Date 1� Q�UNi�.1 s CITY OF HUNTINGTON BEACH Professional Service Approval Form PART 11 C�CpUN,Tj����o Date 5/18/2010 Project Manager KENNETH W SMALL POLICE CHIEF Requested by Name if different from Project Manager DALE MILLER Department Police PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Name of consultant California Forensic Phlebotomy 2) Contract Number POL 010 038 00 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract $ 99 000 00 4) Is this contract less than $50 000? ❑ Yes ® No 5) Does this contract fall within $50 000 and $100 000? ® Yes ❑ No 6) Is this contract over $100 000? ❑ Yes ® No (Note Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk Make sure the appropriate signature page is attached to the contract ) 7) Were formal written proposals requested from at least three available qualified consultants? ❑ Yes ® No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number) 9) Attach Exhibit A which describes the proposed scope of work 10) Attach Exhibit B which describes the payment terms of the contract C6 Ils-1/o Director of Finance (or designee) Signature Date `oSTi:;MFs__CITY COUNCIL AGENDA REPoRr r�........ ... MEETING DATE November 18 2008 ITEM NUMBER SUBJECT BLOOD WITHDRAWAL TESTING SERVICES AGREEMENT DATE OCTOBER 22, 2008 FROM POLICE DEPARTMENT SUPPORT SERVICES DIVISION, TRAFFIC SAFETY BUREAU PRESENTATION BY ROB SHARPNACK, SGT TRAFFIC SAFETY BUREAU, SPECIAL EVENTS DETAIL FOR FURTHER INFORMATION CONTACT ROB SHARPNACK (714) 764 4963 RECOMMENDED ACTION 1 Award professional service contract to California Forensic Phlebotomy Inc 26012 Marguerite Parkway, Suite H-235, Mission Viejo, California, 92692, for blood withdrawal services over a three-year term and for an amount not to exceed $88 000 per year 2 Authorize the Mayor and City Clerk to execute the Professional Services Agreement 3 Authorize the City Manager to sign for any rate increases or any amount above $88 000, as long as the increase falls within his signing authority BACKGROUND The Police Department requires blood withdrawal services to obtain samples necessary for alcohol content, drug content and genetic marker screening This contract provides professional licensed personnel to respond when and where requested by Police personnel to draw blood for evidentiary purposes and to testify in court when needed Employees of the contractor must be available on -call twenty-four hours a day, 365 days per year and they must also be able to respond to any given location within 45 minutes California Forensic Phlebotomy Inc has been providing blood withdrawal services for the City of Costa Mesa for over 20 years Currently, California Forensic Phlebotomy Inc is the sole source provider of Blood Alcohol Testing services for all Orange County law enforcement agencies 1 The current three year contract, which expires on November 22, 2008, was awarded to California Forensic Phlebotomy Inc after a formal bid process Based on the approved bid the Police Department seeks to extend the agreement for a three year term ANALYSIS California Forensic Phlebotomy, Inc submitted a rate quote of $86 60 for each blood withdrawal and an hourly rate of $114 00 for fixed posts (DUI checkpoints), with a guaranteed three-hour minimum These prices reflect an increase of less than 5% above the last contracted amount California Forensic Phlebotomy Inc attributes the rate increase to current market conditions and for the purpose of retaining qualified nurses in a very competitive environment Based on an average over the past two years the Police Department estimates approximately 930 tests vvill be performed annually and that the fixed posts, such as DUI checkpoints will occur three or four times annually However due to the fact that this approximation is based on a fluctuating crime rate and officer self initiated activities, blood withdrawal requests could move in either direction In consideration of this fact and the potential for any future rate increase, the Police Department is requesting the City Manager be authorized to sign for any amount which exceeds $88,000 and falls under his signing authority ALTERNATIVES CONSIDERED No other alternatives have been considered FISCAL REVIEW The FY 08-09 budget provides funding for this service LEGAL REVIEW The City Attorney s office has reviewed and approved the attached Professional Services agreement as to form and content .if] M' Wdle1il' Currently California Forensic Phlebotomy inc is the exclusive provider of this service for all Orange County law enforcement agencies It is recommended that City Council award the professional services contract to California Forensic Phlebotomy, Inc, for a three-year price agreement of $86 60 each blood withdrawal and an hourly rate for fixed posts of $114 00 in an amount not to exceed $88 000 per year and to authorize the Mayor and the City Clerk to execute the Professional Services Agreement In addition, it is recommended that the City Council authorize the City Manager to sign for any rate increase or any amount above $88,000, as long as the increase falls within his signing authority 2 no] o - 1 - l Traffic Safety Bureau -M`AR R PUCKETT Director of Finance DISTRIBUTION City Manager City Attorney Finance Director City Clerk CHRf8TOPHER SHAWKEY Chief of Police City Attorney ATTACHMENTS 1 Professional Services Agreement 3 PROFESSIONAL SERVICES AGREEMENT REQUEST From S t Rob Sharpnack Dept /Div Police / Support Services Date 9/25/08 Tel 714) 754-4963 Nature of services being provided Blood sample collection Name of vendor California Forensic Phlebotomy, Inc Type of entity e g, corporation, partnership, individual Corporation Total amount of contract Not to exceed $88 000 Term Three years I From 11/22/08 To 11/22/11 Name of Vendor representative Russell A Liedholm Company California Forensic Phlebotomy, Inc Address 26012 Mar uerEte Parkway Suite H-235 Mission Viejo CA 92692 Telephone 1(949) 858-4636 t g --p-5l S Fax (949) 858-4222 Name of City representative Set for City Council meeting on 11/18/08 Council approval not required Attachments X Re uest for Proposal No Request for Proposal was issued Response to Request for Proposai/Sco a of Services Fee Schedule Project Schedule Certificates of Insurance (Required) Errors and Omissions insurance not required Risk Mgt Approval obtained Other information pertinent to the Agreement, such as changes to insurance or any other provision of this agreement Page 1 of 1 Marilyn K Guimond From CASPER DEBORAH [dcasper@ci costa -mesa cal us] Sent Monday October 20 2008 1 31 PM To Marilyn K Guimond Cc SHARPNACK ROBERT Subject PSA amendment per our conversation Attachments California Forensic PSA request & Council agenda) report pdf Marilyn Per our conversation here is the request for a PSA extension for California Forensic In the formal bid we requested a three year agreement with two optional one-year renewals The cost of the services have increased from $79 75 for blood withdrawal testing sys to the new proposed amount of $86 60 and the hourly rate for fixed posts has increased from 105 00 per hour to $114 00 per hour Due to the increases and the unknown amount of services that will be required in a given year it makes it difficult to predict what the not to exceed amount should be We are not sure if the amendment will need to go back to Council for approval or if this is one that can be extended once the amendment is in place Please advise us on what Kim is recommending Thanks for your assistance' Sincerely Debbie Casper, C P M , CPPB City of Costa Mesa Purchasing Supervisor 714/754-5212 10/20/2008 PROFESSIONAL SERVICES AGREEMENT FOR BLOOD WITHDRAWAL TESTING THIS AGREEMENT is made and entered into this day of , 2008 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("City"), and CALIFORNIA FORENSIC PHLEBOTOMY, INC, a California corporation ("Consultant") WITNESSETH A WHEREAS, City proposes to have Consultant perform blood withdrawal and testing as described herein below, and B WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, and C WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed, and D WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092 in the subject matter of this Agreement NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows 10 SERVICES PROVIDED BY CONSULTANT 1 1 Scope of Services Consultant shall provide the professional services described in the City's Request for Proposal ("RFP") attached hereto as Exhibit "A" and incorporated herein by reference and Consultant's Response to City's RFP (the "Response") A copy of said Response is attached hereto as Exhibit "B" and incorporated herein by this reference 12 Professional Practices All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement 13 Warran Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not Imted to, those laws related to minimum hours and wages, occupational health and safety, fair employment and employment practices, workers' compensation insurance and safety in employment, and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement Consultant shall indemnify and hold harmless City from and against all claims, demands, CaMorn is Forensic Phlebotomy Rev 04/02 payments suits actions, proceedings, and judgments of every nature and description mcluding attorneys' fees and costs, presented, brought or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason. of Consultant's performance under this Agreement 14 Non discrimination In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735 15 Non -Exclusive Agreement Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement 16 Delegation and Assignment This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense 2 0 COMPENSATION AND BILLING 21 Compensation Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "C," attached hereto and made a part of this Agreement (the "Fee Schedule') Consultant's compensation shall in no case exceed Eighty -Eight Thousand Dollars per year ($88,000 00) 22 Additional Services Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable 23 Method of Billing Consultant may submit invoices to City's Project Manager for approval on a progress basis, but no more often than monthly Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice Each invoice shall describe in detail, the services performed and the associated tune for completion Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all Invoices 24 Records and Audits Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date Caldo=a Forensic Phlebotomy Rev 04/42 3 0 TIME OF PERFORMANCE 3 1 Commencement and Completion of Work The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement 32 Excusable Delays Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party 4 0 TERM AND TERMINATION 41 Term This Agreement shall commence on the Effective Date and continue for a period of three (3) years, ending on November 22, 2011, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties 42 Notice of Termination The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant The termination of this Agreement shall be deemed effective upon receipt of the notice of termination In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City 43 Compensation In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant 44 Documents In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant 50 INSURANCE 5 1 Minimum Scope and Limits of Insurance Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages (a) Comprehensive general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual California Forensic Phlebotomy Rev 04/02 liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000 00), combined single limits, per occurrence and aggregate (b) Automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000 00), combined single limits, per occurrence and aggregate (c) Workers' compensation insurance as required by the State of California (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000 00), combined single limits, per occurrence and aggregate Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder 52 Endorsements The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions (a) Additional insureds "The City of Costa Mesa and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City " (b) Notice "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City " (c) Other insurance "Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy " 53 Certificates of Insurance Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement 54 Non -limiting Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property 6 0 GENERAL PROVISIONS 61 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herem and supersedes any and all other prior writings and oral negotiations This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement 62 Representatives The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement California Forensic Phlebotomy Rev 04/02 Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement 63 Project Managers City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement Consultant or its Project Manager shall attend and assist in all coordination meetings called by City 64 Notices Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below Such communication shall be deemed served or delivered a) at the time of delivery if such communication is sent by personal delivery, b) at the time of transmission if such communication is sent by facsimile, and c) 48 hours after deposit in the U S Mail as reflected by the official U S postmark if such communication is sent through regular United States mail IF TO CONSULTANT California Forensic Phlebotomy, Inc 25012 Marguerite Parkway, Suite H-235 Mission Viejo, CA 92692 Tel 949-858-4636/714-529-0515 Fax 949-858-4222 Attn Russ Liedholm IF TO CITY City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel 714-754-4963 Fax 714-754-4808 Attn Sgt Rob Sharpnack 65 Drug -free Workplace Policy Consultant shall provide a drug -free workplace by complying with all provisions set forth in City's Council Policy 100-5, attached hereto as Exhibit "D" and incorporated herein by reference Consultant's failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City 66 Attorneys' Fees In the event that litigation is brought by any party in connection with this Agreement, the prevailing parry shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof 67 Governing Law This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California 68 Assignment Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement Regardless of City's CaWorrua Forensic Phlebotomy Rev 04/02 consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of tlus Agreement 69 Indemnification and Hold Harmless Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or mjunes to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims ansing out of or in any way connected with the intentional or negligent acts, error or omissions of Consultant, its employees, agents or subcontractors in. the performance of this Agreement 6 10 Independent Contractor Consultant is and shall be acting at all times as an independent contractor and not as an employee of City Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder 6 11 Ownership of Documents All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City Any use of such documents for other prof ects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant City shall indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City 6 12 Public Records Act Disclosure Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq ) Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254 7, and of which Consultant informs City of such trade secret The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6 13 Responsibihty for Errors Consultant shall be responsible for its work and results under this Agreement Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Cahforrua Forensic Phlebotomy Rev 04/02 Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6 14 Prohibited Employment Consultant will not employ any regular employee of City while this Agreement is in effect 6 15 Order of Precedence In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail If, and to the extent this Agreement incorporates by reference any provision of the RFP or the Response, such provision shall be deemed a part of this Agreement Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over both the Response and the RFP and the Response shall govern over the RFP 616 Costs Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein 6 17 No Third Party Beneficiary Rights This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement 6 18 Headings Paragraphs and subparagraph headmgs contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement 619 Construction The parties have participated jointly in the negotiation and drafting of tlus Agreement In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement 6 20 Amendments Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement 621 Waiver The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver 6 22 Severabihty If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial California Forensic Phlebotomy Rev 04/ 02 benefit of the bargain for any party is materially unpaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations 6 23 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original All counterparts shall be construed together and shall constitute one agreement 6 24 Corporate Autho= The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement IN WITNESS WIREEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written CITY OF COSTA MESA, A municipal corporation Date Mayor of the City of Costa Mesa CALIFORNIA FORENSIC PHLEBOTOMY, INC Date Signature Name and Title Social Security or Taxpayer ID Number ATTEST Deputy City Clerk and ex-officio Clerk of the City of Costa Mesa APPROVED AS TO FORM Date !U 2 ! 40L City Attorney California Forensic Phlebotomy Rev 04/02 APPROVED AS TO CONTENT Date Project Manager Cahfonua Forensic Phlebotomy Rev 04/02 EXHIBIT A CI'TY'S REQUEST FOR PROPOSAL Cah#orma Forensic Phlebotomy Rev 04/ 02 1 Blood Withdrawal Testing Services City of Costa Mesa, California Police Department Field Operations Division TABLE OF CONTENTS NOTICE INVITING BIDS INSTRUCTIONS AND INFORMATION SECTION I INSTRUCTION TO BIDDERS 1 SECTION 11 TERMS AND CONDITIONS 3 SECTION III SPECIFICATIONS 6 SECTION IV INDEMNIFICATION 7 SECTION V INSURANCE 8 SECTION VI WORKERS COMPENSATION INSURANCE 8 SECTION VII LIABILITY INSURANCE COVERAGE 9 SECTION VIII PROOF OF INSURANCE 9 SECTION IX PAYMENT 9 STANDARD CONDITIONS 10 SECTION X BIDDER'S INFORMATION FORM 11 SECTION XI REFERENCES 12 SECTION XII BID FORM 13 SECTION XIII DRUG FREE WORKPLACE 14 SECTION XIV STATEMENT OF ABILITY TO MEET INSURANCE REQUIREMENTS 15 ATTACHMENT 1 - COUNCIL POLICY - DRUG-PREE WORKPLACE 16 CITY OF COSTA MESA NOTICE INVITING BIDS FOR THE BLOOD WITHDRAWAL TESTING SERVICES BID ITEM NO 1086 NOTICE 1S HEREBY GIVEN that sealed bids will be received by the City of Costa Mesa to wit The City Clerk P O Box 1200, Costa Mesa California 92628-1200, on or before the hour of 10 00 a m on September 19, 2005 It shall be the responsibility of the bidder to deliver the bid submittal to the City Clerk's Office by the proper announced time Delivery Location City of Costa Mesa 77 Fair Drive, Room 101 Costa Mesa, California 92626 Bids shall be returned to the attention of the City Clerk within said time limit, in a sealed envelope identified on the outside with the Bid Item Number and the Opening Date Bids will be publicly opened and read aloud at 10 00 a m or as soon thereafter as practicable on September 19, 2006 in the Council Chambers The Invitation for Bid may be obtained by authorized vendors at Office of the Purchasing Supervisor 77 Fair Drive, Room 100 Costa Mesa, California 92626 714/754-5227 Dated August 30 2005 I INSTRUCTIONS TO BIDDERS ]BIDDER IS REQUESTED TO READ BID COMPLETELY BEFORE CALLING PURCHASING WITH QUESTIONS A BID FORMS Bid must be completed in its entirety on the City s "Invitation For Bids" form Incomplete bids will be rejected Bidder must submit one (1) original bid and two_(2 B BID SUBMITTAL DEADLINE The Bid Submittal Deadline is September 19, 2005 at 10 00 a m Bids must be submitted in sealed envelopes and properly identified with the bid number and bid submittal deadline Bids must arrive in the City Clerk's Office 77 Fair Drive Room 101 Costa Mesa California, 92626 by September 19 2005 at 10 00 a m local time Telephone, telegraphic, facsimile electronic, and late bids will not be accepted or considered It is the Bidders responsibility to ensure their bids have sufficient time to be received by the Costa Mesa City Clerk before the Bid Submittal Deadline Bids received after the Bid Submittal Deadline are late Late bids will be returned to Bidders unopened C BID OPENING AND BID RESULTS Bids are opened publicly in the City Council Chambers and read on the date and time published in the bid document Interested parties are invited to attend the bid opening Award shall be made in accordance to Section 2-166 of the City of Costa Mesa Municipal Code, to the lowest, responsive, responsible Bidder and in accordance with Section 2-171 (e) and Resolution 03-69 in which the City Council established a Costa Mesa vendor preference A tabulation of bids received will be available within a reasonable time after the bid opening and the Bid Results will be posted on the City s web site www cl costa -mesa ca us The City of Costa Mesa reserves the right to postpone the date and time of the bid opening by announcing the postponement at any time prior to the date and time announced in this document D INFORMED BIDDERS/QUESTIONS AND COMMENTS Before submitting bids Bidders must understand the conditions, requirements, and specifications of the work/services to be performed Failure to do so will be at the Bidders' own risk and they cannot secure relief on the plea of error If any potential Bidder is in doubt as to the meaning of any part of the bid documents finds discrepancies in, or omissions from the specifications Bidder may request a written interpretation or correction thereof, either by mail to the City of Costa Mesa, Purchasing Supervisor 77 Fair Drive Costa Mesa California 92626, or by facsimile at (714) 754-5040 The person submitting such a request shall be responsible for its prompt delivery All interpretations or corrections of the bid document will be made by addenda only and duly issued to each submitter's last address of record The City will not acknowledge any other interpretation of the bid document E BIDDERS ACKNOWLEDGEMENT By submitting the bid the Bidder acknowledges that they have thoroughly and carefully read and understand the bid documents, agrees to furnish the work/services at the prices quantities and terms and conditions stated, and hereby certifies the information contained in the bid to be true and complete to the best of the Bidders knowledge F PRICES, NOTATIONS, AND MISTAKES All prices and notations must be in ink or typewritten No erasures permitted Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person who signs the bid Prices shall be stated in units and quotations made separately on each item In case of conflict between unit prices and total price unit prices will govern in case of a conflict between words and figures words will govern Bidders will take all responsibility for any G errors or omissions in their quotation Any discrepancies in numbers or calculations will be interpreted to reflect the lowest price to the City of Costa Mesa H PAYMENT TERMS Discounts for payments made twenty (20) days or more from receipt of invoice will be considered in award of bid Payment discounts must be clearly indicated on the Bid Form I TERMS OF THE OFFER The City of Costa Mesa s acceptance of Bidder's offer shall be limited to the terms herein unless expressly agreed in writing by the City of Costa Mesa prior to Bid Opening J BIDDER AGREEMENT TO TERMS AND CONDITIONS Submission of a signed bid will be interpreted to mean Bidder has agreed to all the terms and conditions set forth in the pages of this solicitation K CANCELLATION OF CONTRACT The City of Costa Mesa may cancel this contract WITHOUT CAUSE at any time by giving thirty (30) days written notice to the supplier/contractor The City of Costa Mesa may cancel this contract WITH CAUSE at anytime by giving ten (10) days written notice to the supplier/contractor Cancellation for cause shall be at the discretion of the City of Costa Mesa and shall be, but is not limited to failure to supply the materials equipment or service specified within the time allowed or within the terms conditions or provisions of this contract The successful Bidder may not cancel this contract without prior written consent of the Purchasing Supervisor L COMPLIANCE OR DEVIATION TO SPECIFICATIONS Bidder hereby agrees that the material, equipment or services offered will meet all the requirements of the specifications in this solicitation unless deviations from them are clearly indicated in the Bidder's response Bidder may submit an attachment entitled 'Exceptions to Specifications , which must be signed by Bidder's authorized representative An explanation must be made for each item to which an exception is taken giving in detail the extent of the exception and the reason for which it is taken Bids failing to comply with this requirement will be considered non -responsive M COMPLIANCE WITH LAWS All bids shall comply with current federal state local and other laws relative thereto N FORCE MAJEURE if execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor the Contractor shall notify the City of Costa Mesa in writing within twenty-four (24) hours after the delay Such causes may include but are not limited to acts of God, war, acts of a public enemy, acts of any governmental entity in its sovereign or contractual capacity, fires, floods epidemics, strikes and unusually severe weather 0 FORMATION OF CONTRACT Bidder's signed bid and the City of Costa Mesa's written acceptance shall constitute a binding contract P LAWS GOVERNING CONTRACT This contract shall be in accordance with the laws of the State of California The parties stipulate that this contract was entered into in the County of Orange, in State of California The parties further stipulate that the County of Orange Califomia, is the only appropriate forum for any litigation resulting from a breach hereof or any questions risen here from Q NOMENCLATURES The terms Successful Bidder, supplier vendor and contractor may be used interchangeably in this solicitation and shall refer exclusively to the person company, or corporation with whom the City of Costa Mesa enters into a contract as a result of this solicitation R REJECTION OF BIDS The City of Costa Mesa reserves the right to reject any bids all bids or any part of a bid The City of Costa Mesa reserves the right to reject the bid of any Bidder who previously failed to perform adequately for the City of Costa Mesa or any other governmental agency The City of Costa Mesa expressly reserves the right to reject 2 the bid of any Bidder who is in default on the payment of taxes licenses or other monies due the City of Costa Mesa Award may be issued in any combination most beneficial to the City, including no award False misleading incomplete or unresponsive statements in connection with the submittal may be deemed sufficient cause for rejection The City shall be the sole judge in making such determinations By participating in this solicitation Bidder agrees to accept the decision of the Purchasing Supervisor as final All opened bids received will be of public record S SAFETY All articles delivered under this contract must conform to the Safety Orders of the State of California Division of industrial Safety T SELL OR ASSIGN The successful Bidder shall not have the right to sell, assign, or transfer any rights or duties under this contract without prior specific written consent of the City of Costa Mesa U SEVERABILITY if any provisions or portions of any provisions, of this contract are held invalid illegal, or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable V TAXES, FEDERAL EXCISE The City of Costa Mesa is exempt from Federal Excise Tax W TAXES, SALES California Sales Tax must be shown separately on the Bid Form, when and where indicated X WAIVER OF INFORMALITIES The City of Costa Mesa reserves the right to waive informalities, technicalities in bids or clerical error in the bid document and to negotiate with any qualified source II TERMS AND CONDITIONS (SEE STANDARD AND WORK ORDER CONDITIONS ON PAGE 10, ALSO PRINTED ON THE BACK OF THE PURCHASE ORDER) Initial Term Three (3) years, effective October 2006 through September 30, 2008 A This contract may be renewed two times on an annual basis, by mutual agreement of both parties The City does not have to give reason if it elects not to renew Contract not to exceed five years B No guarantee may be given as to estimated annual usage amount Contractor agrees to supply services and supplies, as needed by the City, at prices listed upon this purchase document regardless of usage C The City of Costa Mesa reserves the right to cancel this contract without cause with a 30-day written notice, or with cause, immediately D No price increases will be permitted during the first contract year Requests for price increases in the second or third contract year will require thirty days written notice to Purchasing Division and include bona fide proof of cost increases The net dollar amount of profit will remain firm during the period of contract Adjustments increasing contractor's profit will not be allowed The City of Costa Mesa reserves the right to accept, negotiate or refuse the increase request, rebid the contract, or take any other action it deems appropriate in lieu of granting contract price increases 3 E Default In the event of contractor's default, the City of Costa Mesa may procure from other sources and hold the original bidder liable for any resulting increased costs F Contractor agrees that if there is a change in ownership prior to completion of this contract the new owners will be required under terms of sale to assume this contract and complete it to the satisfaction of the City G Unless otherwise expressly provided in this contract Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this contract H Conflict of Interest Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interest of the City This obligation shall apply to contractor's employees, agents, relatives subtler contractors and third parties associated with accomplishing the work hereunder Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making receiving providing or offering gifts entertainment, payments, loans, or other considerations which could be deemed to appear to influence individuals to act contrary to the best interest of City Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this contract, shall at all reasonable times by subject to inspection and audit by any authorized representative of the City This contract is subject to and contingent upon applicable budgetary appropriations being made by the City of Costa Mesa's City Council for each fiscal year during the term of this contract If such appropriations are not forthcoming, the contract will be terminated without penalty to the City K This contract shall be construed and interpreted according to the laws of the State of California L Any changes beyond this document shall occur only when ordered in writing by the City of Costa Mesa Senior Maintenance Supervisor In absence of such written order, any such product supplied or work done shall be considered unauthorized and will not be paid M As applicable, all items furnished on this contract shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto provided the end use of the item is for the purpose for which the item is intended N Contractor is for all purposes arising out of this contract, an independent contractor and shall not be deemed an employee of the City of Costa Mesa It is expressly understood and agreed that the successful bidder shall in no event, as a result of this contract, be entitled to any benefits to which City of Costa Mesa employees are entitled including but not limited to overtime, any retirement benefits, worker's compensation benefits, injury leave, or other leave benefits 4 s P S sE +11+r O Assignment of Subcontracting No performance of this agreement or any portion thereof may be assigned or subcontracted by thescontractor without,the express written consent of the City And attempt,°by the contractor to assign or subcontract any performance of this agreement without tip D express written consent of the City small be invalid and shall constitge a breach of thi agreement Whenever the contractor is authorized to subcontract or assign, the terms thereox-0 shalVincotpamte by reference Arad not conflict withrthis agreement P All changes in specifications andfor contract requirem" will be issued in writing The City Costa Mesa is not responsible for any oral instruction Q In submitting the bid the bidder acknowledges tftat thq bidder has thoroughly and catwfully Te!14 and baderstands the bid document and attachments,,agrees to furmsh the service at the pnce6 quantitiesimrid terms and conditions stated and cer#iffesithat ft £nforrnaiion contained ;in the bLo 'is true driftbmplete to the besLof the bidder's knowledge_ -1 INDEPEND6NT�PRICE PETEi MINATIQN 323 x I certify that thus bid is made without prior understanding arrangement, agreement, -or connectio wdtffanyf corporation, firmor person submitting, ai bid for the same materials supplies, o equiptnent, and is in all respectsafair and without cxtliii�icirt of fraud 14ftjfy that I have entered into any arrangement or agreement with, any, --Pity of Costa Mesa public Q icreer understand collusive bidding is a violation of State and Federal law and can result in fines prioo, senteneespand civil damage awards I agree to abide by sail conditions of this P£d and certify that ,, am adthoraedto sign this bid forithe Bidder a Mg Authorized -Signature ' a st g}iU!'M4 V bs%st 3 gCtA ,J ISO v fij,m 1C ni v'Z�i��izilsl`� �.}ii�s� � � t, t"13 vr£ i#+7 l t 3 t` t iti . t + ,•,•. .,.. 3 c ' ,� L v 'to bei q,_,is i i ati i$ Aao -xj ahi-,bsalP_ att t, ,nox- .35^��3ti{. ti tt'T`t}Z �.. ram. 1 +a t�' A M t(%-Y i, bass &let to 'A„ TS k''&F Vs Od �ti ' z' r, itY A syir, P tis s1a 76�`tJr' s€ + s Go L4 b-) y "PlI [ COP to JIL'? �r '3%4-1 i -mn r i `ytt _. t j n e YFxtFis v III SPECIFICATIONS SCOPE OF SERVICES The City of Costa Mesa would like to establish a three-year contract to provide blood withdrawal testing services to screen blood for alcohol, drug content, and genetic markers by obtaining blood samples from identified persons Estimated blood withdrawals are eight hundred forty (840) tests annually In addition, the Costa Mesa Police Department is requesting an hourly rate for a fixed post of blood withdrawal services at DUI checkpoints The estimated DUI check points are five or six times annually CONTRACTOR RESPONSIBILITIES 1 Contractor must be qualified certified and licensed by appropriate Federal, State and local authorities to perform blood withdrawals 2 Contractor must be a legally recognized corporation authorized to perform required services 3 Contractor ensures employees providing services under contract with the City are to be licensed to draw blood in compliance with all laws and regulations of the State of California, including, but not limited to California Vehicle Code section 23158 and in compliance with the State Department of Health Services uniform standards for blood withdrawal 4 Contractor maintains records of blood withdrawals for five years with the exception of certain cases, i e , homicides and murders, for which said records shall be maintained permanently and not destroyed or disposed of in any manner without the expressed written consent of the City 5 Contractor maintains current liability insurance coverage according to the City's insurance requirements as noted in the Request -For Quote PERFORMANCE REQUIREMENTS Contractor to provide employees who shall remain available on an on -call basis at all times seven (7) days per week twenty-four (24) hours per day three hundred sixty five (365) days a year and agree to said employees to conduct tests identified in the City s agreement as requested Locations for the tests shall include, but not be limited to 1) Costa Mesa Police Department, 2) local hospitals 3) Orange County Jail 4) field locations in and around the City of Costa Mesa Contractor to provide related employees to appear and conduct requested tests within forty-five (45) minutes of such request Failure to appear and/or conduct said tests within forty-five (45) minutes of a request would result in a No -Charge for the test and any associated costs Three (3) such failures by the Contractor, within a six (6) month period, shall constitute cause to cancel the contract with the City Immediately Determination of such failure shall be at the sole discretion of the City and shall be final The Contractor will not charge any fees should 1) Any person refuse to submit to a blood test, 2) Any other reason, through no fault of the Contractor that results in no blood testing being conducted Contractor to provide twenty-four (24) hour access to a supervisor to remedy any problems or questions that may arise 2 Contractor to provide medical supplies and equipment necessary to conduct tests at no cost to the City Contractor to provide transportation for employees at no cost to the City 3 Contractor's employees, upon request of the City and/or the Orange County District Attorney, shall take blood samples and appear in court or any other designated location, at no additional cost for the purpose of discussion or testimony concerning collecting samples Contractors said 6 employees agree to appear in court at the time designated by the City and/or the Orange County District Attorney The City and/or the Orange County District Attorney will provide at least one - hour notice prior to such appearance Failure to appear in court as scheduled by the City and/or the Orange County District Attorney shall constitute cause to cancel this contract immediately 4 In addition to applicable laws, all blood sample collection and subsequent handling shall be conducted in accordance with direction and procedures prescribed by the Orange County Sheriff Department Forensic Science Services Division (Note Contact Marty Breen (714) 834-4510 for details) Only employees of the Contractor, deemed acceptable by the City hereunder shall perform services The City will refuse to permit blood samples to be collected by any employee of Contractor considered by the City in its sole discretion, to be unacceptable 5 All blood samples shall be refrigerated immediately and deposited by the Contractor at the County of Orange s refrigerated blood locker within six (6) hours of withdrawal Contractor to provide, at Contractors expense supplies necessary to ensure that blood samples are properly refrigerated as directed by the Orange County Sheriff Department Forensic Science Services Division 6 Upon request with advanced notice the City may require the Contractor to provide an employee at a fixed post (i a DUI checkpoint) to perform contracted services Contractor shall charge a flat hourly rate, rather than an individual fee for each blood test conducted at the fixed post A minimum of three (3) hours of service would be required IV INDEMNIFICATION Contractor shall protect and indemnify the City the City Council and all of its or their officers agents and servants against any claim or liability arising from or based on bidder's violation of any existing or future State Federal, and local laws, ordinances, regulations, orders or decrees pertaining to bidders submittal All work covered by this contract done at the site of maintenance or in preparing or delivering materials to the site shall be at the risk of contractor alone Contractor agrees to protect, defend, indemnify, save and hold harmless the City and its elected and appointed boards officers agents and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person (contractor's employees included), and for injury to any property, including consequential damages of any nature resulting there from, arising out of or in any way connected with the performance of this contract, except that the indemnity obligation of contractor shall be reduced by an amount proportional to the active negligence of City, if any Contractor shall comply with all of the provisions of the Workers Compensation insurance laws and Safety in Employment laws of the State of California including the applicable provisions of Divisions 4 and 56 of the California Labor Code and all amendments thereto and regulations promulgated pursuant thereto, and all similar State, Federal, or local laws applicable, and contractor shall indemnify and hold harmless City from and against all claims liabilities expenses, damages suits, actions, proceedings and judgments, or every nature and description including attorney fees, that may be presented, brought or recovered against the City for or on account of any liability under or failure to comply with any of said laws which may be incurred by reason of any work performed under this contract by contractor or any subcontractor or others performing on behalf of contractor 7 The City does not and shall not, waive any rights against contractor which it may have by reason of the above hold harmless agreements, because of the acceptance by the City or the deposit with the City by contractor of any or all of the required insurance policies The hold harmless agreements by contractor shall apply to all liabilities expenses claims, and damages of every kind (including but not limited to attorney fees) incurred or alleged to have been incurred, by reason of the operations of contractor or any subcontractor or others performing on behalf of contractor, whether or not such insurance policies are applicable Contractor shall require any and all subcontractors to afford the same degree of indemnification to the City of Costa Mesa and its elected and appointed boards, officers, agents and employees that is required of contractor and shall incorporate identical indemnity provisions in all contracts between contractor and his subcontractors In the event that contractor and City are sued by a third party for damages caused or allegedly caused by negligent or other wrongful conduct of contractor or by a dangerous condition of City s property created by contractor or existing while the property was under the control of contractor contractor shall not be relieved of its indemnity obligation to City by any settlement with any such third party unless that settlement includes a full release and dismissal of all claims by the third party against the City V INSURANCE Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the insurance has been approved by City as to form amount and carrier, nor shall contractor allow any subcontractor to commence any work until all similar insurance required of the subcontractor has been obtained and approved Neither the failure of contractor to supply specified insurance policies and coverage nor the failure of City to approve same shall alter or invalidate the provisions of this contract VI WORKERS' COMPENSATION INSURANCE A Contractor shall obtain and maintain during the life of this contract workers' compensation insurance and if any work is sublet contractor shall require all subcontractors to obtain workers' compensation insurance B All workers' compensation insurance policies shall provide that the insurance may not be canceled without thirty (30) days advance written notice of such cancellation to City C Contractor is aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this contract VII LIABILITY INSURANCE COVERAGE A Contractor shall obtain and maintain during the life of this contract the following insurance coverage 1) Commercial General Liability including coverage for premises -operations productslcompleted operations hazard, blanket contractual, broad form property damage, and independent contractors, personal injury 2) Automobile liability, including owned, hired, and non -owned vehicles B The above insurance coverages shall have limits of not less than one million dollars ($1,000,000 00) combined single limit per occurrence and aggregate C Endorsements to the policies providing the above insurance shall be obtained by contractor, adding the following three provisions 1) Additional insureds (For Commercial General Liability only) "The City of Costa Mesa and its elected and appointed Boards officers agents and employees are additional insureds with respect to the subfectproJect and agreement" 2) Notice "Said policy shall not terminate, nor shall it be canceled nor the coverage reduced, until thirty (30) days after written notice is given to City " 3) Other Insurance Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy ' D All insurance carriers utilized by the contractor or any subcontractor under this contract shall be approved by the California Department of Insurance to transact business in the State of California The types of services provided under this contract may further require contractor's insurance carrier(s) to be admitted insurers in the State of California VIII PROOF OF INSURANCE Prior to award of the contract, contractor shall furnish City proof of compliance with the above insurance requirements in a form satisfactory to the City Attorney or Risk Management IX PAYMENT Subsequent to service, the contractor must submit an invoice for payment Invoices shall be sent to City of Costa Mesa Accounts Payable, P O Box 1200 Costa Mesa CA 92628-1200 Invoices shall include the purchase order number department organization number description of the service provided and price Payment shall be made within thirty (30) days after receipt of invoice Invoices are to be submitted in areas for services provided Any 'prompt payment discounts' will be taken by the City of Costa Mesa if possible and will be included in the bid evaluation if the terms offered are for twenty (20) days or longer E CONDITIONS The following standard conditions are always applicable and the following work order conditions are also applicable when this order provides for performance of any work STANDARD CONDITIONS 1 Law This contract is governed by the laws of the State of Calfornla The 7 infringement SELLER shall indemnify and defend CITY at SELLER S expense provisions of the Uniform Commercial Code shall apply except as otherwise set against all claims demands suits liability and expense on account of alleged forth in this contract. infringement of any patent copyright or trademark resulting from or arising in connection with the manufacture sale normal use or other normal disposition of 2 Contract This order when accepted by SELLER either in writing or by the any article or material furnished hereunder shipment of any article or other commencement of performance hereunder constitutes the entire contract between SELLER and the CITY no exceptions alternates substitutes or revisions are valid or binding on the CITY unless authorized by the CITY in writing The SELLER acknowledges that he has read and agrees to all terms and conditions of this contractfpurchase order The only terms and conditions that will be applicable to the interpretation of this contract are those issued by the City of Costa Mesa 3 Taxes Unless otherwise provided herein or by law price quoted does not include California State sales or use tax The City Is exempt from Federal excise tax 4 Delivery' Time of delivery is the essence of this contract The CITY reserves the right to refuse any goods and to cancel all or any part of the goods not delivered by the due date and/or not conforming to applicable specifications drawings samples or descriptions Acceptance of any part of the order shall not bind CITY to accept future shipments nor deprive it the right to return goods already accepted at SELLER S expense Overshlpments and undershlpments shall be only as agreed to by CITY 6 Risk of Loss Delivery shall not be deemed to be complete until goods have been actually received and accepted by CITY Payment shall be made after satisfactory acceptance of shipments by the CITY 6 Warranty SELLER expressly warrants that the goods covered by this order are of merchantable quality satisfactory and safe for consumer use and are fit for the particular purpose as set forth in the CITY specification Acceptance of this order shall constitute an agreement upon SELLER S part to indemnify and hold harmless from liability loss damage and expense including reasonable attorney fees incurred or sustained by CITY Its officers employees and agents by reason of the failure of the goods to conform to such warranties faulty work performance negligent or unlawful acts and noncompliance with any applicable local State or Federal codes ordinances orders or statutes Including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act Such remedies shall be in addition to any other remedies provided by law Inspection by the City of Costs Mesa or its agents or employees and acceptance of the articles materials and work covered by this contract shall not constitute release or waiver of the City of Costa Mesas rights by reason of failure of Contractor to comply with any of the warranties contained herein Warranties herein expressed or Implied shall be construed as consistent with each other and as cumulative and where, in conflict the specifications of the City of Costa Mesa shall be paramount 8 Assignment Neither this order nor any claim against CITY arising directly or indirectly out of or In connection with this order shall be assignable by SELLER or by operation or law nor shall SELLER subcontract any obingatans hereunder without CITY S pnorwritten consent 9 Default if SELLER or any subcontractor breaches any provision hereof or becomes insolvent enters bankruptcy receivership or other like proceeding (voluntarily or involuntarily) or makes assignment for the benefit or creditors CITY shall have the right in addition to any other rights it may have hereunder or by taw to terminate this order by giving SELLER written notice whereupon (a) CITY shall be relieved of all further obligation hereunder except to pay the reasonable value of SELLER S prior performance but not more than the contracted price and (b) CITY may procure the articles or services, from other sources and may deduct from unpaid balance due the vendor or may collect against the bond or surety or may invoice the vendor for excess cost so paid The price paid by CITY shall be considered prevailing market price at the time such purchase is made 10 Labor Disputes Whenever any actual or potential labor dispute delays or threatens to delay the timely performance of this order SELLER shall immediately give written notice thereof to CITY 11 Nondiscrimination in the performance of the terns of any contract resulting from this order SELLER agrees that they will not engage nor permit such subcontractors where applicable as he may employ from engaging in discrimination in employment of persons because of the race color sex national origin or ancestry disability or religion of such person 12 Termination The CITY reserves the right to terminate this contract without penalty and without cause after 30 days written notice unless otherwise specified WORK ORDER CONDITIONS 13 Performance SELLER shall perform all work diligently carefully and in a good 15 Insurance SELLER shall maintain in full force during the term of this contract the and workmanlike manner shag furnish all labor supervision machinery following insurances In a form and with companies as approved by the CITY with equipment, materials and supplies necessary therefor shall obtain and maintain limits not less than those specified (a) Worker's Compensation and Employer's all building and other permits and licenses required by public authorities in Liability complying with any statutory requirements (b) Commerciai General connection with performance of the work and if permitted to subcontract shall Liability Insurance Including broad form property damage products/completed be fully responsible for all work performed by subcontractors SELLER shall operations and contractual liability coverage with a $1 000 000 combined single conduct all operations in SELLERS own name and as independent contractor limit each occurrence Endorsements to the Commercial General Liability and not in the name of or as an agent for CITY Insurance shag be obtained by contractor adding the following three provisions (1) Additional insureds. The City of Costa Mess and its elected and appointed 14 indemnification The Contractor hereby agrees to defend at his own cost and to boards officers agents and employees are additional insureds with respect to the indemnify and hold harmless the City of Costa Mesa its officers agents and subject project and agreement (2) Notloe. Said policy shall not terminate nor employees from and against any and all lialoTty damages costs losses claims shall it be cancelled nor the coverage reduced until thirty (30) days after written and expenses howsoever caused resulting directly or indirectly from or notice is given to City (3) Other insurance Any other insurance maintained by connected with the performance of the contract (including but not limited to such the City of Costa Mesa shall be excess and not contributing wrath the insurance liability costs damage loss claim or expense adsing from the death or injury to provided by this policy (c) Comprehensive Auto Liability (including the owned an agent or employee of the Contractor subcontractor or the City of Costa Mesa nonowned and hired automobile hazards) with 61 000 000 combined single limit or loss of damage to or destruction of the property of Contractor subcontractor each occurrence If the CITY so desires these limits may be increased or or of the City of Costa Mesa or of any agent or employee of the Contractor decreased subcontractor or of the City of Costa Mesa) except where such liability, damages costs losses claims or expenses are caused solely by the negligent or 16 Bills and Liens SELLER shall pay promptly all indebtedness for labor materials wrongful acts of the City of Costa Mesa or any of its agents or employees other and equipment used in performance of the work SELLER shall not permit any lien than negligent omission or commissions of the City of Costa Mesa its agents or or charge to attach to the work" the premises, but if any does so attach SELLER employees in connection with the general supervision or direction of the work to shall promptly procure its release and Indemnify CITY against all damages and be performed hereunder The Contractor In addition to the foregoing specifically expense incident thereto shall Indemnify and save harmless the City of Costa Mesa any and all of the City of Costa Mesas officers agents and employees from any liability by reason of 17 Bonds If the CITY so desires SELLER shall provide payment and performance Ca6fomna safe place statutes or simllar provisions pertaining to the workplace or bonds as required safety of materials or equipment supplied by the City of Costa Mesa or others at the direction of the City of Costa Mesa and used in the performance of the work 18 Changes SELLER shall make no change in the work or perform any additional hereunder work without the CITY S specific written approval MISCELLANEOUS CONDITIONS 19 All plants and materials must be free of pests and disease if any are found the 20 Vendor is required to provide a completed MSDS (Material Safety Data Sheet) for material will be rejected and refused Vendor will pick up at no cost to the CITY hazardous substances as required by Labor Code Sections 6390 General Industrial Safety Order Section 5194 and Title 8 California Admins Code MSDS sheet for each specified item shall be sent to place of shipment, and a copy sent to the Purchasing Division DEFINITION Whenever used herein CITY shall mean City of Costa Mesa, a political subdivision of the State of California (514a 22) 10 � rr X BtU®ER;S INFORMATION Each bid shall set forth the full names and residences of all persons and,ppr-hes interestted ir th ,proposal if the bid is provided by a corporation, state the names of the;officerswho can -,sign an`� agreement on behalf of the corporation and whether more than one officer must sign -af th"'bid is b -" a partnership or a joint venture state the names and addresses of all gene al xpasner5 and joint'' venturers if the Bidder Is a sole proprietorship or another dntdy that does business under �rcbbau � name the bad shall be in the real name of the $idler with a designation followipg showmg3"DBA,(the ffgWous name)" provided however no ficfittous name shall be used unless :ttterir Lis ,1 current- x registration with the ©range County Recorder of Orange County, California The undersigned, as Bidder, declares that all documents reggrding this bid Thaw&6een--1,,examined and � accepted and if awarded will enter into a contract with the City of .Costa Mesa,, Firm Name -x fs, A- T Ys 'iha ,C- Wit`' California Forensic Phlebotomy, Inc. w ri S11 Address 26012 Marguerite Parkway, suite H-235 F Mission Viejo, CA 92692 Telephone 9( 49 ) 858-4636 Fax f r"aa9) >3Sa_a5E"--N Area Code Area Code-, ears Length of time In business 23 ir' Federal Tax l D Number 33-09 7 94 I co*rated X Y, s k o t✓ ti �' z A-,Nzr w � 5 Signature '-`'_ AL ,J y h ClrcleDne Owner Partner Print Si natures Name a 4- sk { � t Ln l Title �w President f r v .. �L� ^ s�i. �>11 r ✓ v� Vendor's Contact Person Russell A. Liedholm (949) 858-4636 ;� Telephone f c i j R w N 'N A't] u K { XE REFERENCES The Bidder is required to state work -of #fie same character as this proposed co tf#pt, he has successfully performed, especially for public agencies anq give references which4ilh . abbe the City to judge his responsibility expenence, stall and business and financial standing Include at least threes references located within California V tOtthe'r+. @_me#of the firm, address, cDh1a Vperson, phone nrimber, and dollar amount of the contract. Detail any involvement Past or �Uur�ent, Vitive to llbgabon or other disputes, if any, concerning your�perfornance - References shg#-tot be within the k� Bidoees own organization or subsidiary INN City -of'�Costa Mesa reserves the;,Pgbt to contact all references w ft [ _n r �F St of carre rcmaesranTeen i" Phiisho�mUa Ceu =r otly beingif mia EmmnsF^- � J atnate attached Cet of Qf Pe�q rrae6datloin ffom the Chte}j ppv7�-er��,yl 's-`X1`3 �"".d'I! �3'1ii•.« +y i� Departments 7 f Jf t -1 i U ry t e ., i Y' 13AlM4 Y �— F 7 mur -AT NTA,9W-1C s rn.,s 4 1 � i, `3 UvaDIA aAA RG 2- i %_ C California Forensic Phlebotomy, Inc is the sole -source provider for all Blood Withdrawal Testing Services for the following law enforcement agencies Anaheim Police Department Brea Police Department Buena Park Police Department Costa Mesa Police Department California Highway Patrol -- San Juan Capistrano Office California Highway Patrol - Santa Ana Office California Highway Patrol - Westminster Office Cypress Police Department California State University at Fullerton Campus Police Federal Bureau of Investigation Fountain Valley Police Department Fullerton Police Department Garden Grove Police Department Huntington Beach Police Department u Irvine Police Department Laguna Beach Police Department Page I oft F0 Z" La Habra Police Department La Palma Police Department Newport Beach Ponce Department Orange Police Department Grange County District Attorney's Office Orange County Sheriff -Corner Department Placentia Police Department Santa Ana Police Department I Seal Beach Police Department State of California Parks and Recreation Department f Tustin Police Department e University of California at Irvine Campus Police Westminster Police Department Where is no law enforcement agency in Orange County not utilizing our services Page z ofz X11 BID FORM To City of Costa Mesa " 17 77,-Fair Dave City Clerks OfPce loom 101 -Costa#Meisa;�CA J82626 " w -Yy s^ a n'wss j r h. t r ,,,, ..• 7 �t7 ".�� 2r t'�'z.3 1 s k rz t. Yxi+ rr ; y1004f0z AA'1& Foren'skc Phlebotomy,innmi of Bidder 'kisC9? a "e&obas€..� i rcJ c 601249ar er a Tkwy , Suite R-255�411 f Mailing Address Mission V'193o, CA 92692 _; v « City, St ,wZ. , yW Respondind-dai #000 -- iar, BidNo 1086,dpo September 19 Zt#il;ir��th ��' `�itie u%ter��ni� Bidder-agress°"f%j, trrfth blood,, , drawol Jesting services per thefspebrfi'�catfons ill 4le, have -slated hereon the price(s) at which we will furnish the speciled service and "vaicbeprtni,c' h ' ' dervice a wshown belowY " Bidder f.urther agrees, in addition to the terms and conditions specified herein the €o lowing wrens aiti,� condiiaotts boat area part of this bid and any resulting contract AW41A Bid award will be based on the lowest responsible bid price Including any tiansportatuit-� charges, as well as any other criteria indicated in these specifications � Signatures All mformation submitted by Bidder, including signatures, mtVst be original Copies VAN t� riot IA -accepted - Please quote your most competitive pricing, INCLUDING ANY UOVE&II m*r oR C& dptATl KGREEMENi' PRICING Bids that are not filled out co.0pletew,Jj Y01 be led non- ar�spons re and will not be evaluated Bidder is 'fa compiete gnst i<inciude all'aenuesl ---�-hH�..f �:C_. �d For T`ech�lcal 4060om% please call Tram Curtis at (714) 75 1,91 M _ � ; '0 Item- w w Unit Description Unit Price �_ EA Blood Withdrawal Testing Services 79 = 75 - ¢�� _ (Estimated 840 tests annually) Yc w;d .oft 2 HR Hourly rate for fixed Post gates $ 105 , 00 --- --- h (Estimated five or six tames annually) Please check your calculations before submitting your bid the City of Costa Mesa will ;not le��' responsible for Bidder miscalculations CONTRACPOR TO SEND COPIES OFALL LICENSES VWTH BID Bidder shelf complete the following required information I Does your bid meet or exceed specifications? x Yes _No If no, explain 2 Discounts The following discounts will be considered in award of bid Payment Discount. Discount for payment of invoice within 0 days of receipt is - Payment discounts of 20 or more days will be considered in award of bid The City of Costa Mesa will not take discounts that are not earned Term Of Offer It is understood and agreed that this bid may not be withdrawn for a period o ninety- (90) days from the Bid Submittal Deadline and at no time In case of successful Bidder Bidders Acknowledgement of His Understanding Of The Terms and Conditions Signature below verifies that Bidder has read understands, and agrees to the condition contained herein and on all of the attachments and agenda Representations Made Under Penalty of Perjury The representations herein are made under penalty of perjury We hereby offer to provide the City of Costa Mesa the above service at the prices shown and under the terms and conditions herein, attached, or incorporated b) referenced California Forensic Phlebotomy, Inc Bidder Name (Person, Firm, Corp) Signature of Authorized Representative 26012 Marguerite Pkwy , Suite H-235 Russell A Liedholm Address Name ofAuthonze4 Representative MXSSIon Viejo, CA 92692 President City, State, Zip Code Title of Authomed Representative (949) 858-4636 (949) 858--4222 Telephone Number Facsimile Number X111 DRUG -FREE WORKPLACE The contractor acknowledges that he has read and understands the CitypfZosta Mesa-s Council Policy #100-5 in a "Drug -Free Workplace" included asA III mby agrees to comply with required policy gii#hormed Signature t- s 14 Council Policv — CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY ATTACHMENT NO 1 POLICY SUBJECT NUMBER I EEDATEVE I PAGE DRUG FREE WORKPLACE 1 1006 1 8/08189 1 1 OF 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988 passed as part of omnibus drug legislation enacted November 18 1988 contractors and grantees of Federal funds must certify that they will provide drug -free workplaces At the present time the City of Costa Mesa as a subgrantee of Federal funds under a vanety of programs is required to abide by this Act The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee institution of a City- wide D A R E program in all local schools and other activities in support of a drug free community This Policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace PURPOSE It is the purpose of this Policy to 1 Clearly state the City of Costa Mesa s commitment to a drug -free society 2 Set forth guidelines to ensure that public, private and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug -free workplace POLICY The City Manager under direction by the City Council shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds 1 Contractor or subgrantee hereby certifies that it will provide a drug -free workplace by A Publishing a statement notifying employees that the unlawful manufacturer, distribution dispensing possessing or use of a controlled substance is prohibited in Contractor's and/or subgrantee's workplace specifically the lob site or location included in this contract and specifying the actions that will taken against the employees for violation of such prohibition B Establishing a Drug -Free Awareness Program to inform employees about 1 The dangers of drug abuse in the workplace 16 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY POLICY EFFECTIVE SUBJECT NUMBER DATE PAGE DRUG FREE WORKPLACE I 1008 8108189 2 OF 3 2 Contractor's and/or subgrantee's policy of maintaining a drug -free workplace 3 Any available drug counseling rehabilitation and employee assistance programs, and 4 The penalties that may be Imposed upon employees for drug abuse violations occurring In the workplace C Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by Subparagraph A D Notifying the employee in the statement required by Subparagraph 1 A that, as a condition of employment under the contract the employee will 1 Abide by the terms of the statement and 2 Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such violation E Notifying the City of Costa Mesa within ten (10) days after receiving notice under Subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction F Taking one of the following actions within thirty (30) days of receiving notice under Subparagraph 1 D 2 with respect to an employee who is so convicted 1 Taking appropriate personnel action against such an employee up to and including termination or 2 Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State or local health agency law enforcement or other appropriate agency G Making a good faith effort to maintain a drug -free workplace through implementation of Subparagraph 1 A through 1 F inclusive 2 Contractor and/or subgrantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that A Contractor and/or subgrantee has made a false certification under Paragraph 1 above 17 CITY OF COSTA MESA CALIFORNIA COUNCIL POLICY POLICY SUBJECTI UMB R I EFFECTIVE I PAGE DRUG FREE WORKPLACE { 1006 1 8108/89 1 3 OF 3 B Contractor and/or subgrantee has violated the certification by falling to carry out the requirements of Subparagraphs 1 A through 1 G above C Such number of employees of Contractor and/or subgrantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to Indicate that the Contractor and/or subgrantee has failed to make a good faith effort to provide a drug -free workplace 3 Should any Contractor and/or subgrantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A B and C a suspension termination or debarment proceeding subject to applicable Federal State or local laws shall be conducted Upon issuance of any final decision under this section requiring debarment of a Contractor and/or subgrantee, the Contractor and/or subgrantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years Upon Issuance of any final decision recommending against debarment of the Contractor and/or subgrantee the Contractor and/or subgrantee shall be eligible for compensation as provided by law 18 RESPONSE AND SCOPE OF SERVICES Cahfonua Forerwc Phlebotomy Rev 04/02 4 ArN I (UjrjjD September 14, 2005 CITY OF COSTA MESA Office of the Purchasing Supervisor 77 Fair Drive Costa Mesa, California 92626 RE Blood Withdrawal Testing Services Bid # 1086 Sirs 25012 MargGettte Parkway Sulta'H n, MiSSIMMOjo %al"ta%W E mall avo23158Qa0l=n 24 HourTachnicEan Response (714) 529.0511 AdmWshatlmj9Q) 858-46& Fax (949) 858.4= We would like to take this occasion to thank you and the Cdy of Costa Mesa Police Department for relying upon our services over the past 2 decades Our proven tract record now includes over 2$ years of tied and true services Our services continue to be provided exclusively to Orange County law enforcement agencies Not only does your agency depend upon our services, but also so does every other law enforcement agency acting here in Orange County We would like to take this opportunity to detail many of the factors that have contributed to our continued success in providing prompts dependable, and econormcai services These factors include We are involved in only one type of business -- the business of providing blood withdrawals and conducting breath tests for Orange County law enforcement agencies Our efforts are iil3t divided between other business adventures or other out -of -county services This allows us to focus all of our efforts and energies into providing the complex and intricate service that Orange County law enforcement demands We have continually refined and improved our setvvices over the past 23 years During our 23 year tenure we have amassed tremendous knowledge and expertise in the specific needs and requirements of the City of Costa Mesa Police Department and the OCSD Blood Alcohol Program This 23 year exclusive commitment t!D Orange County has allowed us to develop extremely sound policies and procedures specifically designed for the Orange County law enforcement agencies we serve Our current policy and procedure manual mover 200 pages in length We take great pride in the fact that no cnrninal case has ever been lost due a flawed company policy or procedure • Our services are provided, and have always bewen provided, in strict compliance with Seddon 23158 of the California Vehicle Code As you 3 know competitors based outside of Orange County have knowingly and willfully violated this law for years in order to maximize their profits (Their willful acts has led to the dismissal of numerous cases and potentially thousands upon thousands more cases Several of these cases have already been ruled upon by the appellate courts and it is anticipated that the Supreme Court will most likely become involved In addition to the monumental impact their actions have had upon these criminal cases a federal lawsuit has also been filed Although these vendors may allege they are now €ncomplianoe, their actions will most certainly eventually cost the agencies they served, including the associated prosecutor's offices, literally millions of dollars and the loss of countless criminal cases -- some of these criminal cases involved the loss of life of innocent victims Defense attorneys here in Orange County would most certainly welcome the use of vendors with a history of such a total and complete disregard for the law in order to be more profitable We doubt the Orange County Distinct Attorney's Office would be as welcoming • Conducting nearly a thousand tests a year for your agency alone, all on a 2417 STAT basis is a truly remarkable achievement. Our impressive record is due in part to our utilization of our extensive network of full time employees By providing service to all Orange County law enforcement agencies, we are able to strategically place numerous full time personal throughout the county Our employee's sole responsibility is the collection of forensic blood samples We utilize over 2 000 man-hours per month to achieve the impressive results requied by the agencies we serve We are confident that our extensive and far-reaching network of personnel currently in place here in Orange County will easily allow us to continue to meet your maximum response time requirements Would-be vendors would have an all but impossible task meeting the response time requirements without this extensive network of qualified staff throughout Orange County Our current staff has in excess of 80 years of combined experience in supplying services to Orange County law enforcement agencies Our highly specialized staff has literally taken years to build to this level of expertise Our company president has personally obtained over 40,000 samples Each one of our staff members recelves a minimum of 72 hours of on"n-one training with an experienced field supervisor in the proper collection of evidence Our employees are considered, without a doubt, the best phlebotomists in the county It takes us, on the average, more than 3 months to recruit a single new employee Prospective employee's phlebotomy skills must already be considered in the top 5% We then take the best phlebotomists and work with them extensively to make them in the top 1% It is critical they posses this high level of skill due to the importance of the service we provide and the types of individuals we are required to obtain samples from such as IV drug abusers, trauma patients, uncooperative subjects, etc Nationally phlebotomists are unable to obtain samples in excess of 10% of the time Our employees possess a phenomenal 99 7% success rate Anything less would be draistrous We continue to improve and refine our court related services provided to the District Attorney s Office and the Department of-- !Motor Vehicles Division of Driver Safety Our court -related services, provided at no charge to your agency include • Weekly letters sent to the District Attorneys office at each of the Justice Centers, the DMV, and the OCSD Crime Laboratory detailing employee availability and vacation schedules • Subpoenas returned on a weedy basis for former personnel with detailed forwarding mformatton are said personnel, • Extenswe program to assure employee availability, • Company management readily available to trestrfy to business records as needed • Continued increased dialog with District Attorneys Office and the DMV f • Continued increase in employee retention rate • Soliciting increased feedback from the Drstnct Attorneys Office and the DMV, L • Continued promotions of a company wide attitude of overall importance of the criminal courts and the DMV Division of Driver Safely Program s We are very confident that we can continue to provide your agency with the high quality of service you require As in the past, we will continue to provide you with RL the best possible service available and further continue to be open and responsive to all of your special needs and concerns We are confident that your evaluation of our services and their apsociaWcf costs, against would-be vendors with either a lack of experience -or experience tiieywish they could fide from, wrq lead to you same conclusion that all of the other Orange County law enforcement agencies have made Should you or any member of the City or the City of Costa Mesa Police Department wish to meet to discuss any technical aspects or concerns of our operations, please fell free to contact us at your earliest 1" convenience Sincerely, } Russell A. Liedholm, President U \„1 SUBJECT BLOOD WITHDRAWAL TESTING SERVICES AGREEMENT DATE OCTOBER 31, 2006 FROM FINANCE DEPARTMENT FINANCIAL PLANNING DIVISION PRESENTA'110N BY MARC R PUCKETT DIRECTOR OF FINANCE FOR FURTHER INFORMATION CONTACT DEBBIE DOBROTT AT 7141764 6212 RECOMMENDATiON Award Formal Bid item No 1086 to California Forensic Phlebotomy, Inc, 25012 Marguerite Parkway Suds H 235, Mission Viejo California 92692 for blood withdrawal testing services for a three year period for an amount not to exceed $75 000 per year 2 Authorize the Mayor and the Deputy City Clerk to execute the Professional Services Agreement BACKGROUND The Police Department requires blood withdrawal testing services to screen blood for alcohol drug content, and genetic markers This contract provides professional licensed personnel to respond when and where requested by Police personnel to draw blood for evidence purposes and to testify in court when needed Employees of the contractor must be available on call twenty-four hours a day, 365 days per year and they must also be able to respond to any given location within 45 minutes California Forensic Phlebotomy ino has been providing blood withdrawal testing services for the City of Costa Mesa for over 20 years In previous years the City was able to piggyback off of the County of Orange Contract which provided a lower cost for services however the County of Orange changed their fee structures and the contract with California Forensic Phlebotomy Inc eliminating the opportunity for other agencies to piggyback off the County pricing contract Police staff determined that another company could provide this service and this contract was sent out to formal bid As required by the City of Costa Mesa Municipal Code the Notice inviting Bids was solicited from qualified vendors whose names were on the bidders' list, and other vendors requesting a bid package Two prospective bidders were invited to bid A Nonce inviting Bids was published In the Daily Pilot and posted on the public bulletin board in City Hall The bid notice was also posted on the City s web site On September 19, 2005 the Deputy City Clerk received opened and read two submittals U ANALYSIS Of the two bids received, California Forensic Phlebotomy, Inc submitted the lowest responsive and responsible bid of $79 75 each blood withdrawal and an hourly rate of $105 00 for fixed posts (DUI checkpoints), with a guaranteed three hour minimum The Pollee Department estimates approximately 840 tests will be performed annually and that the fixed posts, such as DUI checkpoints will occur five or six times annually The second bidder American Forensic Nurses, was deemed non -responsive, because the prices quoted per blood withdrawal did not include all the costs of doing business as requested in the bid document ALTERNATIVES CONSIDERED No other alternatives have been considered FISCAL REVIEW The FY 05-06 budget provides funding for this service LEGAL REVIEW The City Attorney a office has reviewed and approved the attached Professional Services agreement as to form CONCLUSION Currently California Forensic Phlebotomy me is the exclusive provider of this service for all Orange County law enforcement agencies It is recommended that City Council award Formal Bid No 1086 to California Forensic Phlebotomy Inc, for a three year price agreement of $79 75 each blood withdrawal and an hourly rate for fixed posts of $105 00 in an amount not to exceed $75,000 per year and to authorize the Mayor and the Deputy City Clerk to execute the Professional Services Agreement MARC R PUCKETT Director of Finance DEBBIE DOBROTT Purchasing Supervisor Attachments Attachment I. Bid Tabulation Attachment II, Professional Services Agreement Distribution Police Chief City Attorney Deputy City Clerk ATTACE&MNT I BID TABULATION - FORMAL BID ITEM NO 1086 Blood Withdrawal Testing Services Three-year contrtet through September 30, 2008 SUBAIMER 1 California Forensic Phlebotmy Inc 26012 Marguerite Pirk way Mission Viejo, CA 92692 2 American forensic Nurses 255 N BI Cielo Rd Ste# 195 Palm Spnngs, CA 92262 Blood Withdrawal ]dourly rate for fixed Tesing gervices Posts $79 75 Erich $105 00 Hour Estimated Estimated 840 test annually 5 or 6 times annually Non Responsive Non Responsive 3 FEE SCHEDULE Califonva Forensic INebotomy Rev 04/02 91 POOR 12 da PM FP,.iM Fah Calxfo[t a F-jrer x� P11 brit0ay 1r 1 714 '754 400e PAr4 (Jot V! 003 OV 28012 Marguante Parkway Suits H 235 Mission Viola, Cakiorra2 92892 — 24 Hour Technician Response (714) 529 0515 California Forensic Phlebotomy, Inc AdmirnstraFax (949) 8584636 ex {949} 869 4227 September 2$, 2008 CITY OF COSTA MESA POLICE DEPARTMENT 99 Fair Drive Costa Mesa, CA 92626 Attn Sgt Sharpnack RE Contract Fxtension — Blood Alcohol Testing Sirs We wish to take this opportunity to thank the City of Costa Mesa Police Department for its continued utilization and support of our services over the past contract period We are now in our 27' year of operation of providing Blood Alcohol Testing services exclusively toOrange County law enforcement agencies We continue to be the sole source provider of Blood Alcohol Testing services for ALL Orange County law enforcement agencies We very much wish in continuing to prov(de you with our services during this next contract period and for many years to come in order for us to continue to provide you with the quality of service i squired by the City of Costa Mesa Police Department we must slightly increase our rates for the upcoming contract period We have not increased our rates since February 2006 Our new rates for the upcoming contract period will be $86 60 per blood test and $1 14 00 per hour for DUI checkpoint coverage This rate increase of less than 50/6 iq considerably less than the CPI for the same period The majority of the rate increase will be used in 2 areas The first area is for employee compensat,on There continues to be a tremendous shortage of nurses and certified phlebotomy technicians nationwide This shortage is even more prevalent mere in Orange County In order for us to retain long term employees and attract new qualified personnel, we must keep pace with the current market conditions l he second area is in regards to soaring gasoline prices Skyrocketing fuel prices have affected us all but especially for our business since our services are provided on a 24/7 on call mobile basis f he balance of our rate increase will be used to cover increased costs in insurance, medical supplies, and other miscellaneous expenses 31AOO 12148 PM FROM Fan , ltfvrnia lot wac, PtIaioaumv Ili, 7 '14 7..4 4918 PAaE 7U u7 VU3 Once again we wish to thank you for your continued support and we look forward to continuing our long term relationship with the City of Costa Mesa Police Department Please contact us at your convenience if you should have any questions or if we can be of any additional service Sincerely, 91 144 Russell A Liedholm President CITY COUNCIL POLICY 100-5 Cahforma Forensic Phlebotomy Rev 04J 02 SUBJECT POLICY EFFECTrVE PAGE NUMBER DATE DRUG FREE WORKPLACE 100-5 8-8-89 1 of 3 BACKGROUND Under the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988 contractors and grantees of Federal funds must certify that they will provide drug - free workplaces At the present time, the City of Costa Mesa, as a sub -grantee of Federal funds under a variety of programs, is required to abide by this Act The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D A R E program in all local schools and other activities in support of a drug -free community This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace PURPOSE It is the purpose of this Policy to 1 Clearly state the City of Costa Mesa's commitment to a drug -free society 2 Set forth guidelines to ensure that public, private, and nonprofit organizations receiving Binds from the City of Costa Mesa share the commitment to a drug free workplace POLICY The City Manager under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of fiinds 1 Contractor or Sub -grantee hereby certifies that it will provide a drug free workplace by a Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor's and/or sub grantee's workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition Cahforaua Forensic Phlebotomy Rev 04/02