HomeMy WebLinkAboutNational Safety Compliance Inc; 2014-08-18;AGREEMENT FOR DRUG AND ALCOHOL TESTING SERVICES
National Safety Compliance, Inc.
THIS AGREEMENT is made and entered into as of the day of
A-y^o sC^ 20by and between the CITY OF CARLSBAD, a municipal
corporatibn7("City"), and National Safety Compliance, a corporation, ("Contractor").
RECITALS
City requires the professional services of a Drug and Alcohol Testing Company that is
experienced in Department of Transportation regulations and has a mobile testing vehicle.
Contractor has the necessary experience in providing these professional services, has
submitted a proposal to City and has affirmed its willingness and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the
"Services") that are defined in Exhibit "A", attached and incorporated by this reference in
accordance with the terms and conditions set forth in this Agreement.
2. TERM
This Agreement will be effective for a period of 2 years from the date first above written.
3. COMPENSATION
Service will be billed monthly or as rendered and payment to be at the rates indicated in Exhibit
"A". The total fee payable for the Services to be performed are not to exceed ten thousand
dollars ($10,000) per agreement year. No other compensation for the Services will be allowed
except for items covered by subsequent amendments to this Agreement. City reserves the right
to withhold a ten percent (10%) retention until City has accepted the work and/or the Services
specified in Exhibit "A."
4. STATUS OF CONTRACTOR
Contractor will perform the Services as an independent contractor and in pursuit of Contractor's
independent calling, and not as an employee of City. Contractor will be under the control of City
only as to the results to be accomplished.
5. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees
and volunteers from and against all claims, damages, losses and expenses including attorneys
fees arising out of the performance of the work described herein caused by any negligence,
recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or
makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this section, and that
this section will survive the expiration or eariy temnination of this Agreement.
City Attorney Approved Version 1/30/13
6. INSURANCE
Contractor will obtain and maintain policies of commercial general liability insurance, automobile
liability insurance, a combined policy of workers' compensation, employers liability insurance,
and professional liability insurance from an insurance company authorized to transact the
business of insurance in the State of California which has a current rating in the Best's Key
Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of
Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at
least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
othenwise authorized and approved by the Risk Manager or the City Manager. Contractor will
obtain occurrence coverage, excluding Professional Liability, which will be written as claims-
made coverage. The insurance will be in force during the life of this Agreement and will not be
canceled without thirty (30) days prior written notice to the City by certified mail. City will be
named as an additional insured on General Liability which shall provide primary coverage to the
City. Contractor will furnish certificates of insurance to the Contract Department, with
endorsements to City prior to City's execution of this Agreement.
7. CONFUCT OF INTEREST
Contractor shall file a Confiict of Interest Statement with the City Clerk in accordance with the
requirements of the City of Carisbad Confiict of Interest Code. The Contractor shall report
investments or interests in all four categories.
8. COMPLIANCE WITH LAWS
Contractor will comply with all applicable local, state and federal laws and regulations prohibiting
discrimination and harassment and will obtain and maintain a City of Carisbad Business License
for the term of this Agreement.
9. TERMINATION
City or Contractor may tenninate this Agreement at any time after a discussion, and written
notice to the other party. City will pay Contractor's costs for sen/ices delivered up to the time of
termination, ifthe services have been delivered in accordance with the Agreement.
10. CLAIMS AND LAWSUITS
By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of
false claims as set forth in the California False Claims Act, Government Code sections 12650,
et sea., and Carlsbad Municipal Code Sections 3.32.025, et sea. Contractor further
acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to
terminate this Agreement.
11. JURISDICTIONS AND VENUE
Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any
disputes between the parties arising out of this Agreement is the State Superior Court, San Diego
County, California.
12. ASSIGNMENT
Contractor may assign neither this Agreement nor any part of it, nor any monies due or to
become due under it, without the prior written consent of City.
13. AMENDMENTS
This Agreement may be amended by mutual consent of City and Contractor. Any amendment
will be in writing, signed by both parties, with a statement of estimated changes in charges or
time schedule.
City Attorney Approved Version 1/30/13
14. AUTHORITY
The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority
to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
Elizabeth Moss/Dir of Operations
(print name/title)
City Managor or Mayor or-Director
Julie Clark
ATTEST:
(sign here)
Ron Zullo/Branch Manager
(print name/titie)
BARBARA ENGLESON
City Clerk
If required by City, proper notarial acknowledgment of execution by contractor must be
attached. If a corporation, Agreement must be signed by one corporate officer from each of the
following two groups:
Group A.
Chairman,
President, or
Vice-President
Group B.
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BR orney
City Attorney Approved Version 1/30/13
EXHIBIT "A"
SCOPE OF SERVICES
Itemized List of what Contractor will do for City and at what price.
FEES
PROCEDURE/SERVICE PROFILE COST
Company Enrollment Fee S 495.00
Annual Administration Fee $ 150.00
*Drug & Alcohol Training Video Package Optional S 399.95
Supervisor/ Administrator Guide Training Manual (each)** Optional S 29.95
Employee EAP Training Guide (each)** Optional $ 6.95
Supervisor/Employee Training. (Consultation) (per hour, portal/portal)
Optional
S 135.00
Drug Test Fee (per test) $ 69.95
Alcohol Test Fee (per test) $ 39.95
Collection Only (use your Chain-of-custody and Collection Devices) S 39.95
Mobile Unit Standby Fee $ 75.00/Hr
Random Testing Program / Annual Statistical Reports Included
Substance Abuse / Alcohol Misuse Company Policy Included
Collection of Specimens (Quest, or NSC-Network clinic) Included
Collection of Specimens (Third Party Collection Site-Out of Network) Variable
SAMHSA ( NIDA) Laboratory Services / Transportation of Specimens Included
MRO Review/MRO Interview Included
Substance Abuse Professional Referral Included
Post Accident Response (24hrs/7 Days wk)* (Portal to Portal) $ 150.00/hr
j Additional Insured Endorsement (If Required) $ 150.00
1 Annual DP Live Access Optional $ 79.00
1 Annual Additional User License Fee (s) for DP Live Optional S 50.00
Shipping/Handling will be charged on all video material. Sales Tax applies to material as required.
A fuel surcharge atmlies for anv on-sfte mobile collections perfonned
City Attorney Approved Version 1/30/13