HomeMy WebLinkAbout1996-02-12 City Council (10)City of Palo Alto
C ty Manager’s Report
3
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: Police
AGENDA DATE: February 12, 1996 CMR:138:96
SUBJECT:Professional Selwices of Laboratory Technologist -
Milton Smith, Jr. - Award of Contract
REQUEST
The Police Department is required to provide services of a clinical laboratory technologist for
certain arrest situations to determine levels and degrees of intoxification. This report requests
Council approval of a new multi-year contract with Mr. Milton Smith, Jr., a technologist, for an
amount not to exceed $19,500 for the first nine months of the agreement.
RECOMMENDATIONS
Staff recommends that City Council authorize the Mayor to execute the attached contract with
Milton Smith, Jr., in an amount not to exceed $19,500 for the first nine months, and $26,000 for
the second and third years for laboratG y technologist services.
Pending Council approval, the contract will commence March 1, 1996 and expire August 31,
1998, with an option to renew in twelve-month increments not to exceed 33 months. Funds are
included in the FY 1995-96 Police Department budget, and funds for subsequent years are
contingent upon Council-approved budgets.
POLICY IMPLICATIONS
There are no policy implications associated x :th this request.
EXECUTIVE SUMMARY
The Police Department is mandated by the California Vehicle Code to provide the services of a
clinical laboratory technologist to obtain blood specimens from individuals arrested for driving
while under the influence of alcohol or drugs. A similar service is also necessary when an
individual is arrested for a serious crime or for a drug-related offense. These chemical samples
are collected as part of thorough police investigations to assist in determining one’s guilt or
innocence.
CMR:138:96 Page 1 of 2
Three years ago staff distributed a Request for Proposal (RFP) from laboratory technologists in
the area for these services; Mr. Milton Smith, Jr. was the sole respondent. In September 1992,
Council authorized a three-year agreement with Mr. Smith. The agreement allowed for renewal
in twelve-month increments provided that Mr. Smith’s fees did no~ exceed a 5 percent increase.
In September 1995, staff again utilized the RFP process to identify a laboratory technologist
contractor. Though six vendors were sent request for proposals, Mr. Smith was again the sole
respondent. Some of the vendors that did not respond indicated an inability to comply with the
24-hour on call requirement. Mr. Smith has proposed a 5 percent increase in his per sample fee
from the last three-year contract.
FISCAL IMPACT
Funds for the first year (nine months), $19,500, have been approved in the Police Department’s
1995-96 budget. Funding for the second and third years, $26,000, are contingent upon Council
approval of the 1996-97 and 1997-98 budgets.
ENVIRONMENTAL ASSESSMENT
There is no Environmental Assessment required for this contract
ATTACHMENTS
Contract.
PREPARED BY:Mark Venable, Police Agent
Lynne Johnson, Assistant Police Chief
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
CHRIS DURKIN
BERNIE ’S~.TRO_’~ .... ~
Assistant City )~tCanager
ClV[R:138:96 Page 2 of 2
CONTRACT NO.
BETWEEN THE CITY OF PALO ALTO AND
MILTON W. SMITH FOR CLINICAL LABORATORY
TECHNOLOGIST SERVICES
This Contract No. is entered into ,
by and between the CITY OF PAL0 ALTO, a chartered city and a
municipal corporation of the State of California ("CITY"), and
MILTON W. SMITH, a technologist located at 774 Marion Avenue, Palo
Alto, CA 94303-3611 ("CONTRACTOR").
RECITALS:
WHEREAS I CITY desires certain clinical laboratory
technologist services ("Services"), as more fully described in
Exhibit "A"; and
~EREAS, CITY desires to engage CONTRACTOR, including its
employees, if any, in providing the Services by reason of its
qualifications and experience in performing such Services, and
CONTRACTOR has offered to provide the Services on the terms and in
the manner set forth herein;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions of this Contract, the.parties agree:
SECTION i.TE~M
i.I This Contract will commence on the date of its
execution by CITY. The obligation of CONTRACTOR to perform the
Services will commence in accordance with the time schedule set
forth in Exhibit ~A". Time is of the essence of this Contract. In
the event that the Services are not completed within the specified
time schedule on account of CONTRACTOR’s default, CITY’s city
manager will have the option of extending the time schedule for any
period of time. This provision will not preclude the recovery of
damages for delay caused by CO~ZPRACTOR.
SECTION 2.
CONTRACTOR
QUALIFICATIONS,STATUS,AND DUTIES OF
2.1CONTRACTOR represents and warrants that it has the
expertise and professional qualifications to furnish or cause to be
furnished the Services. CONTRACTOR further represents and warrants
that the project director and every individual charged with the
performance of the Services under this Contract are duly licensed
or certified by the State of California, to the extent such
licensing or certification is required by law to perform the
Services.
2.2 In reliance on the representation and warranty set
forth in Section 2.1, CITY hires CONTRACTOR to perform, and
CONTRACTOR covenants and agrees that it will furnish or cause to be
furnished, the Services.
96026 syn 0070903
1
2.3 CONTRACTOR will assign MILTON W. SMITH as the
project director to have supervisory responsibility for the
performance, progress, and execution of the Services. If
circumstances oz conditions subsequent to the execution of this
Contract cause the substitution of the project director for any
reason, the appointment of a substitute project director will be
subject to the prior written approval of the project manager.
2.4 CONTRACTOR represents and warrants that it will:
2.4.1 Procure all permits and licenses, pay all
charges and fees, and give all notices which may be necessary and
incident to the due and lawful prosecution of the Services;
2.4.2 Keep itself fully informed of all existing and
future Federal, State of California, and !ocal laws, ordinances,
regulations, orders, and decrees which may affect those engaged or
employed under this Contract, any materials used in CONTRACTOR’s
performance under this Contract, or the performance of the
Services;
2.4.3 At all times observe and comply with, and cause
its employees and contractors (and consultants), if any, who are
assigned to the performance of this Contract to observe and comply
with, the laws, ordinances, regulations, orders and decrees
mentioned above; and
2.4.4 Will report immediately to the project manager,
in writing, any discrepancy or inconsistency it discovers in the
laws, ordinances, regulations, orders, and decrees mentioned above
in relation to any plans, drawings, specifications or provisions of
this Contract.
2.5 Any reports, information, data or other material
given to, or prepared or assembled by, CONTRACTOR or its
contractors, if any, under this Contract will become the property
of CITY and wil! not be made available to any individual or
organization by CONTRACTOR or its contractors, if any, without the
prior written approval of the city manager.
2.6 If CITY requests additional copies of reports,
drawings, specifications or any other material which CONTRACTOR is
required to furnish in limited quantities in the performance of
the Services, CONTRACTOR will provide such additional copies and
CITY will compensate CONTRACTOR for its duplication costs.
2.7 CONTRACTOR will be responsible for employing or
engaging all persons necessary to perform the Services. All
contractors of CONTRACTOR will be deemed to be directly controlled
and supervised by CONTRACTOR, which will be responsible for their
performance. If any employee or contractor of CONTRACTOR fails or
refuses to carry out the provisions of this Contract or appears to
be incompetent or to act in a disorderly or improper manner, the
employee or contractor wil! be discharged immediately from further
performance under this Contract on demand of the project manager.
96026 syn 0070903
2
SECTION 3.DUTIES OF CITY
3.1 CITY will furnish or cause to be furnished the
specified services set forth in Exhibit ~’A" and such other
information regarding its requirements as may be reasonably
requested by CONTRACTOR.
3.2 The city manager will represent CITY for all
purposes under this Contract. MARK W. VENABLE is designatedas the
project manager for the city manager. The project manager will
supervise the performance, progress, and execution of the Services,
and will be assisted by BEVERLY McCARTHY, the Staff Secretary.
3.3 If CITY observes or otherwise becomes aware of any
default in the performance of CONTRACTOR, CITY will use reasonable
efforts to give written notice thereof to CONTRACTOR in a timely
manner.
SECTION 4 COMPENSATION
4.1 For the full performance of the services described
herein by CONTRACTOR, payments to CONTRACTOR will be based on the
following fee schedule and will be made monthly following receipt
by CITY of itemized invoices in triplicate, provided that the total
amount payable under this Agreement shall not exceed the sum of
nineteen thousand five hundred dollars ($19,500) for FY 1995-96 and
twenty-six thousand dollars ($26,000) per year for FY 1996-97 and
1997-98:
(a) Blood Sample $60.00
(b)Urine Sample $60,00
(c) Breath Test $60.00
(d) If more than one (I) test is administered to
any individual, it shall be considered only one test, and
CONTRACTOR shall be compensated for only one (I) test in the sum of
sixty dollars (60.00).
(e) If an individual refuses all of the above
tests, CONTRACTOR shall receive a basic fee of sixty dollars($60.00).
(f) If the CONTRACTOR is cancelled at any point
after being called and requests to respond, the CONTRACTOR shall
receive a basic fee of sixty dollars ($60.00).
(g) If the total number of tests taken in one month
exceeds thirty-five (35), CONTRACTOR shall be compensated at a rate
of sixty dollars ($60.00) for each test above thirty-five (35).
(h) In the event CONTRACTOR’S total fees are less
than two thousand one hundred twenty-eight dollars ($2,128.00) for
any monthly period, CITY shall pay CONTRACTOR such difference to
equa! a total of two thousand one hundred twenty-eight dollars
($2,128.00) for such monthly period.
96026 syn 0070903
SECTION 5. AUDITS
5.1 CONTRACTOR will permit CITY to audit, at any
reasonable time during the term of this Contract and for three (3)
years thereafter, CONTRACTOR’s records pertaining to matters
covered by this Contract. C0~RACTOR further agrees to maintain
and retain such records for at least three (3) years after the
expiration or earlier termination of this Contract.
SECTION 6. INDEMNITY
6.1 CONTRACTOR agrees to protect, indemnify, defend and
hold harmless CITY, its Council members, officers, employees and
agents from any and all demands, claims, or liability of any
nature, including death or injury to any person, property damage or
any other loss, caused by or arising out of CONTRACTOR’s, its
officers’, agents’, subcontractors’ or employees’ negligent acts,
errors, or omissions, or willful misconduct, or conduct for which
applicable law may impose strict liability on CONTRACTOR in the
performance of or failure to perform its obligations under this
Contract.
SECTION 7. WAIVERS
7.1 The waiver by either party of any breach or
violation of any covenant, term, condition or provision of this
Contract, or of the provisions of any ordinance or law, will not be
deemed to be a waiver of any other term, covenant, condition,
provisions, ordinance or law, or of any subsequent breach or
violation of the same or of any other term, covenant, condition,
provision, ordinance or law. The subsequent acceptance by either
party of any fee or other money which may become due hereunder will
not be deemed to be a waiver of any preceding breach or violation
by the other party of any term, covenant, condition or provision of
this Contract or of any applicable law or ordinance.
7.2 No payment, partial payment, acceptance, or partial
acceptance by CITY will operate as a waiver on the part of CITY of
any of its rights under this Contract.
SECTION 8. INSURANCE
8.1. CONTRACTOR, at its sole cost and expense, will
obtain and maintain, in full force and effect during the term of
this Contract, the insurance coverage described in Exhibit "C",
insuring not only CONTRACTOR and its contractors, if any, but also,
with the exception of workers’ compensation, employer’s liability,
and professional liability insurance, naming CITY as an additiona!
insured concerning CONTRACTOR’s performance under this Contract.
8.2 All insurance coverage required hereunder will be
provided through carriers with Best’s Key Rating Guide ratings of
A:X or higher which are admitted to transact insurance business in
the State of California. Any and all contractors of CONTRACTOR
retained to perform Services under this Contract will obtain and
96026 syn 0070903
maintain, in full force and effect during the term of this
Contract, identical insurance coverage, naming CITY as" an
additiOnal insured under such policies as required above.
8.3 Certificates of such insurance, preferably on the
forms provided by CITY, wil! be filed with CITY concurrently with
the execution of this Contract. The certificates will be subject
to the approval of CITY’s risk manager and will contain an
endorsement stating that the insurance is primary coverage and will
not be canceled or altered by the insurer except after filing with
CITY’s city clerk thirty (30) days’ prior written notice of such
cancellation or alteration, and that the City of Palo Alto is named
as an additional insured except in policies of workers’
compensation, employer’s liability, and professional liability
insurance. Current certificates of such insurance will be kept on
file at all times during the term of this Contract with the city
clerk.
8.4 The procuring of such required policy or policies of
insurance will not be construed to limit CONTRACTOR’s liability
hereunder nor to fulfil! the indemnification provisions of this
Contract. Notwithstanding the policy or policies of insurance,
CONTRACTOR will be obligated for the full and tota! amount of any
damage, injury, or loss caused by or directly arising as a result
of the Services performed under this Contract, including such
damage, injury, or loss arising after the Contract is terminated or
the term has expired.
SECTION 9.WORKERS’ COMPENSATION
9.1 CONTRACTOR, by executing this Contract, certifies
that it is aware of the provisions.of the Labor Code of the State
of California which require every employer to be insured against
liability for workers’ compensation or to undertake self-insurance
in accordance with the provisions of that Code, and certifies that
it will comply with such provisions, as applicable, before
commencing the performance of the Services.
SERVICES
SECTION i0. TERMINATION OR SUSPENSION OF CONTRACT OR
i0.I The city manager may suspend the performance of the
Services, in whole or in part, or terminate this Contract, with or
without cause, by giving thirty (30) days’ prior written notice
thereof to CONTRACTOR. Upon receipt of such notice, CONTRACTOR
will immediately discontinue its performance of the Services.
10.2 CONTRACTOR may terminate this Contract or suspend
its performance of the Services by giving thirty (30) days’ prior
written notice thereof to CITY, but only in the event of a
substantial failure of performance by CITY or in the event CITY
indefinitely withholds or withdraws its request for the initiation
or continuation of the Services to be performed.
10.3 Upon such suspension or termination by CITY,
CONTRACTOR will be paid for the Services actually rendered to CITY
96026 s}m 0070903
5
on or before the effective date of suspension or termination;
provided, however, if this Contract is suspended or terminated on
account of a default by CONTRACTOR, CITY wil! be obligated to
compensate CONTRACTOR only for that portion of the Services which
are of direct and immediate benefit to CITY, as such determination
may be made by the city manager acting in the reasonable exercise
of her discretion.
10.4 Upon such suspension or termination, CONTRACTOR will
deliver to the city manager immediately any and all copies of
studies, sketches, drawings, computations, and other data, whether
or not completed, prepared by CONTRACTOR or its contractors, if
any, or given to CONTRACTOR or its contractors, if any, in
connection with this Contract. Such materials will become the
property of CITY.
10.5 The failure of CITY to agree with CONTRACTOR’s
independent findings, conclusions, or recommendations, if the same
are called for under this Contract, on the basis of differences in
matters of judgment, will not be construed as a failure on the part
of CONTRACTOR to fulfill its obligations under this Contract.
SECTION II.ASSIGNMENT
II.I This Contract is for the personal services of
CONTRACTOR, therefore, CONTRACTOR will not assign, transfer,
convey, or otherwise dispose of this Contract or any right, title
or interest in or to the same or any part thereof without the prior
written consent of CITY. A consent to one assignment will not be
deemed to be a consent to any subsequent assignment. Any
assignment made without the approval of the city manager will be
void and, at the option of the city manager, this Contract may be
terminated. This Contract will not be assignable by operation of
law.
SECTION 12.NOTICES
12.1 All notices hereunder will be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To CITY:Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
To CONTRACTOR: Attention of the project director
at the address of CONTRACTOR recited above
SECTION 13. CONFLICT OF INTEREST
13.1 In accepting this Contract, CONTRACTOR covenants
that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, which would
conflict in any manner or degree with the performance of the
Services.
96026 s.~n 0070903
13.2 CONTRACTOR further covenants that, in the
performance of this Contract, it will not employ any contractor or
person having such an interest. CONTRACTOR certifies that no
person who has or wil! have any financial interest under this
Contract is an officer or emp!oyee of CITY; this provision will be
interpreted in accordance with the applicable provisions of the
Palo Alto Municipal Code and the Government Code of the State of
California.
SECTION 14. NONDISCRIMINATION
14.1 As set forth in the Palo Alto Municipal Code, no
discrimination will be made in the employment of any person under
this Contract because of the age, race, color, national origin,
ancestry, religion, disability, sexual preference or gender of that
person. If the value of this Contract is, or may be, five thousand
dollars ($5,000) or more, CONTRACTOR agrees to meet all
requirements of the Palo Alto Municipal Code pertaining to
nondiscrimination in employment, including completing the requisite
form furnished by CITY and set forth in Exhibit "D"
14.2 CO#~fRACTOR agrees that each contract for services
-with an independent provider will contain a provision substantially
as follows:
"[Name of Provider] will provide CONTRACTOR
with a certificate stating that [Name of
Provider] is currently in compliance with all
Federal and State of California laws covering
nondiscrimination in employment; that [Name of
Provider] will pursue an affirmative course of
action as required by the Affirmative Action
Guidelines of the City of Palo Alto; and that
[Name of Provider] will not discriminate in
the employment of any person under this
contract because of the age, race, color,
national origin, ancestry, religion,
disability, sexual preference or gender of
such person."
14.3 If CONTRACTOR is found in violation of the
nondiscrimination provisions of the State of California Fair
Employment Practices Act or similar provisions of Federal law or
executive order in the performance of this Contract, it will be in
default of this Contract. Thereupon, CITY will have the power to
cancel or suspend this Contract, in whole or in part, or to deduct
the sum of twenty-five dollars ($25) for each person for each
calendar day during which such person was subjected to acts of
discrimination, as damages for breach of contract, or both. 0nly
a finding of the State of California Fair Employment Practices
Commission or the equivalent federal agency or officer will
constitute evidence of a breach of this Contract.
14.4 If CONTRACTOR is in default of the nondiscrimination
provisions of this Contract or the Affirmative Action Guidelines
pertaining to this Contract, CONTRACTOR will be found in material
96026 syn 0070903
breach of this Contract. Thereupon, CITY will have the power to
cance! or suspend this Contract, in whole or in part, or to deduct
from the amount payable to CONTRACTOR the sum of two hundred fifty
dollars ($250) for each calendar day during which CONTRACTOR is not
in compliance with this provision as damages for breach of
contract, or both.
SECTION 15. MISCELLANEOUS PROVISIONS
15.1 CONTRACTOR represents and warrants that it has
knowledge of the requirements of the Americans with Disabilities
Act of 1990, and the Government Code and the Health and Safety Code
of the State of California, relating to access to public buildings
and accommodations for disabled persons, and relating to facilities
for disabled persons. CONTRACTOR wil! comply with or ensure by its
advice that compliance with such provisions will be effected in the
performance of this Contract.
15.2 This Contract will be governed by the laws of the
State of California, excluding its conflicts of law.
15.3 In the event that an action is brought, the parties
agree that trial of such action will be vested exclusively in the
state courts of California or in the United States District Court
for the Northern District of California in the County of Santa
Clara, State of California.
15.4 The prevailing party in any action brought to
enforce the provisions of this Contract may recover its reasonable
costs and attorneys’ fees expended in connection with that action.
15.5 This document represents the entire and integrated
agreement between the parties and supersedes all prior negotia-
tions, representations, and contracts, either written or oral.
This document may be amended only by a written instrument, which is
signed by the parties.
15.6 All provisions of this Contract, whether covenants
or conditions, will be deemed to be both covenants and conditions.
15.7 The covenants, terms, conditions and provisions of
this Contract will apply to, and will bind, the heirs, successors,
executors, administrators, assignees, and contractors, as the case
may be, of the parties.
15.8 If a court of competent jurisdiction finds or rules
that any provisign of this Contract or any amendment thereto is
void or unenforceable, the unaffected provisions of this Contract
and any amendments thereto will remain in full force and effect.
15.9 All exhibits referred to in this Contract and any
addenda, appendices, attachments, and schedules which, from time
to time, may be referred to in any duly executed amendment hereto
are by such reference incorporated in this Contract and will be
deemed to be a part of this Contract.
96026 syn 0070903
15.10 This Contract may be executed in any number of
counterparts, each of which will be an original, but all of which
together will constitute one and the same instrument.
15.11 This Contract is subject to the fiscal provisions
of the Charter of the City of Palo Alto and the Palo Alto Municipal
Code. This Contract will terminate without any penalty (a) at the
end of any fiscal year in the event that funds are not appropriated
for the following fiscal year, or (b) at any time within a fiscal
year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Contract are no longer
available. This Section 15.11 shall take precedence in the event
of a conflict with any other covenant, term, condition, or
provision of this Contract.
IN WITNESS WHEREOF, the parties hereto have by their duly
authorized representatives executed this Contract on the date first
above written.
ATTEST:CITY OF PALO ALTO
City Clerk
APPROVED AS TO FO~M:
Mayor
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Police Chief
Director of Admin. Services
Risk Manager
Attachments:
EXHIBIT "A" :
EXHIBIT "B" :
EXHIBIT "C" :
EXHIBIT "D" :
SCOPE OF SERVICES AND TIME SCHEDULE
FEE SCHEDULE
INSURANCE
NONDISCRIMINATION COMPLI~CE FORM
96026 syn 0070903
Exhib
PART II - SCOPE of WORK or SERVICES
FEE SCHEDULE
Cit)/of Palo Alto
In response to the Request for Proposal, the undersigned, as Proposer declares
that the only persons or parties interested in this RFP as principals are those
named herein, that this RFP is made without collusion with any other person, firm
or corporation; that the Proposer has carefully examined the location of the
proposed Work and the plans and specifications herein referred to; and the
Proposer proposes and agrees, if this RFP is accepted, that the Proposer will
contract with the City of Palo Alto, to provide all necessary materials, equipment,
tools, apparatus and other means of transport services, and to do all the work and
furnish all the specified requirements in the Contract, in the manner and time
therein prescribed and at the fees stated in the RFP:
Project Title:Services of a Clinical Laboratory Technologist
PROPOSAL SCHEDULE
J
*?
ESTIMATED
QUANTITY
N/a
N/a
N/a
N/a
ITEMS WITH UNIT PRICE WRITTEN IN WORDS
Blood Sam.~les PER SCOPE OF WORK SECTION
OF PARTII HEREIN S±zt~ Dollars
Breath Samples PER SCOPE OF WORK SECTION
OF PARTII HEREIN. S±zt~- Dollars
Urine Samoles PER SCOPE OF WORK SECTION
OF PART II HEREIN.S±zt3, Do!lars
Test refusal (To compensate for technologist’s
response when tests are refused by subject) PER
SCOPE OF WORK SECTION OF PART II HEREIN.
* PROPOSED
FEES PER EACH
60. O0
$
$ ~0. O0
k~zxt.y Do!!ar~)
iNinim~Jm monthl;~, ~ee for 2~ hr. on call standb.v service=
Two thousand one :aundred twent,v eiF:ht Dollars De~ !’iontt~
CITY of PALO ALTO: RFP (5/95)SECTION 00001-7
PART Ii - SCOPE of WORK or SERVICES
ITEM
J
=
City of Palo Alto
ESTIMATED
QUANTITY
N/a
N/a
ITEMS WITH UNIT PRICE WRITTEN IN WORDS
Volume Samples (When the technologist obtains
samples from more than one subject on the
same call, the fee for the second subject, third
subject, etc.), PER SCOPE OF WORK SECTION
OF PARTII HEREIN. Same as one £or All.
Court A.oDearan~;e PER SCOPE OF WORK
SECTION OF PART II HEREIN.
PROPOSED
FEES PER EACH
1. $ Same as
One £o2
2. $ All
3.$
4.$
(Add page if
necessary)
$i.; [~o C~ar~e
Notes and Requirements Proposer em /;;? Section 0000"1-7
Award and execution of the Contract shall be as described in the Request for
Proposal documents.
THE SELECTION CRITERIA as determined by the Project Manager will be the basis
for determining the "lowest responsible proposer".
Prices and total shall include all applicable taxes. If errors in extensions and totals
exist, the written unit rate with corrected extension and total shall prevail and will
be considered as the actual base bid proposal amount.
TERM OF AGREEMENT
The term of this Agreement shall be for 9 months and may be extended for
up to two (2) 12-month periods for a maximum of 33 consecutive months,
subject to:
City of Palo Alto City Council’s annual approval of each current
year’s budget and appropriation of funds for this Contract;
the Consultant’s compliance with the terms and conditions as
established by this document (RFP); and,
a mutual agreement to continue the Agreement with:
CITY of PALO ALTO: RFP (5/95)SECTION 00001-8
PART Ii - SCOPE of WORK or SERVICES City of Palo Alto
(a)
(b)
(c)
(d)
negotiations beginning 60 days prior to each 12
months’ anniversary date;
a mutual agreement to extend the Contract
completed 30 days prior to each 12 month
expiration date;
satisfactory compliance and extensions by the
Consultant with the established certificates of
insurance, licensing, permits, City’s Agreement or
other requirements, if any, of the Terms &
Conditions; and,
firm pricing for subsequent twelve month term(s)~
as set forth in herein.
Notwithstanding the foregoing, the City may terminate this Agreement, with
or without cause, by providing ten (10) days written notice to Consultant.
Monies then owing based upon work satisfactorily accomplished shall be
paid to Consultant.
Subject to the above, pricing of products or services shall be based on and
remain firm during the following periods:
(a) Approximately September 1995 to June 30, 1996.
(b) July 1, 1996 to June 30~ 1997.
(c) and, July 1, 1997 to June 30, 1998.
PROPOSER’S SIGNATURE IN PART III, SECTION 305 (HEREIN) CONSTITUTES AN AGREEMENT TO
THE TERMS AND CONDITIONS OF THIS SECTION (PART II).
END of SECTION
CITY of PALO ALTO: RFP (5/95)SECTION 00001-9
PART I!1 -PROPOSAL FORMS SECTION 00310
CONSULTANT’S SPECIAL LICENSE REQUIREMENTS
When applicable, and subject to verification of good standing, the Consultant shall submit a
copy of its current professional license as issued by the State of California under Chapter 9
of Division III of the California Business and Professions Code (Sections 7000 ~,~,,.g.). The
copy of the license shall be attached to the Signature Page herein.
ACKNOWLEDGEMENT OF ADDENDUM(S)
During the RFP process there may be changes to the documents which would require an
issuance of an Addendum or Addenda. To assure that all Consultants receive the update or
change Addendum, the following acknowledgement and sign-off is required.
NOTE: Failure to execute the following may be considered as an irregularity in the request
for proposal process. Receipt of the following Addendum is acknowledged. The Consultant
acknowledges that the information contained in the addendum has been considered in the
preparation of this RFP.
Addendum No. (NoneS), (1~), (2~), (3~), (4 ), (5~)
(Check appropriate space/number above)
Signature of Consultant
Company
END OF SECTION
CITY of PALO ALTO: Acknowledgement - (8-93)SECTION 00300-2
PART III -PROPOSAL FORMS SECTION 00305
SIGNATURE PAGE
Services of Clinical Laboratory Technologist - RFP #81599
The undersigned hereby certifies that, directly or indirectly, they or their representatives and
agents have not colluded with other parties interested in this Proposal.
Consultant OR Contractor is a:
[] California Corporation, or a
[] Corporation organized under the laws of the State of
head offices located at,,,
and offices in California at
(Attach addendum if necessary)
~ Sole Proprietorship, or a
E] Partnership (list names of partners; state which partner or partners are managing
partner(s). (Attach addendum).
[] Other (Attach addendum specifying details).
Name of Consultant:
Title:
Address #1:
Signature of OfficerJOwn#r:
Prin.ted Name of Signatory:
Address #2:
,,,City:
Fax No:
Name of’Contact Person’
State, Zip:
Telephone:
iRS #: 73-3
Telephone:
<.-/is- -
CITY of PALO ALTO: Signature Page - (5/93)SECTION 00305-1
Karen L Nickel, Chief
Laboratory Field Services
32
EdA PRODUCER NUMEER
A 00291157 ’225
DATE OF ISSUE
06~ /95
SPECIFIED MEDICAL PROFESSIONAL LIABILITY
OCCURRENCE INSURANCE POLICY
OFFERED THROUGH THE ALUED HEALTH PURCHASING GROUP ASSOCIATION
PURCHASING GROUP POLICY NUMBER: 44-2010129
PRIOR CERTI~-.AT
RENEWAL
Exhibit
DECLARATIONS CERTIFICATE NUMBER AHCo 0000021851
Named Insured
MAILING ADDRESS
MILTON W SMITH
77~ N~!ON ~v~
PALO ALTO CA 98303-3611
Policy Period 12:01 A.M. Standard Time At From: 07/01/95 To:
Location of Designated Premises 07/01/96
The insurance afforded is only with respect to such of the following types of insurance as indicated by =pecif’~ premium char~
or charges:
COVERAGE PREMIUM
A. Professional Liability ~-]
$332,00
B. General Liability
Endorsement(s)
TOTAL PREMIUM:
LIMITS OF LIABILITY
each Incident $$l, O00oO00 1,000,000or Occurrence
Deductible (if applicable): $0 each Incident
or Occurrence
The Named Insured is:
[] Other:
$ 332.00
the A~r e~ate
Sole Proprietor (including Individual )Partnership ~] Corpor’~.k)n ~
Business or occupation of the Named Insured:
BEDICAL TECHNOLOGIST
This policy is made and accepted subject to the printed conditions of this policy together with the provisions, stipulations and
agreements contained in the following form(s) or endorsement(s):
REPRESENTATIVE:
PLP2025, PLa2025, PLE2081
PLP-2025 (01/95)
CHICAGO INSURANCE COMPANY
55 E. MONROE STREET, CHICAGO, ILLINOIS 60603
Agent or Broker:
Office Address:
Town and State:
ALBERT H, WOHLERS 8 CO.
lqqO H, NORTHWEST HIGHWAY
PARK RIDGE, ILLINOIS 60068
D.
E.
F.
PART II - INSURANCE RE(
CONTRACTOR:
PROJECT MANAGER:
CONTRACT NAME:
REMENTS - Long Form City of ! Alto:SECTION 00650(~
Insurance Requirements for Contractors
Mark Venable - Police Department
Services of Clinical Laboratory Technologist
GENERAL TERMS AND INSTRUCTIONS
THIS INSTRUCTION SHEET SHOULD BE GIVEN TO YOUR INSURANCE AGENT/BROKER
~ORS TO THE CITY OF PALO ALTO. AT THEIR ,SOLE EXPENSE ~ OBTAIN AND MAINTAIN INSURANCE FOR THE TERM OF THE CONTRAC’r. CONTRACTORS WtLL BEREQUIRED TO PROVIDE A CERTIF|C~TE EVIDENCING THE |NSUR,~ICE ~a~D N.~,MING THE CITY/~ AN ADDITIONAl. INSURED. ALL INSURANCE COVER.~GE REQUIRED SHALL B~[
PROVIDED THROUGH CARRIERS Wt1"H A BEST RATING OF A:VII OR NIGHER T~r,AT ME ADMITTED TO DO BUSINESS |N THE aTATE OF CALIFORNIA.
THE CERTIFICATE OF INSURANCE MUST BE COMPLETED AND EXECUI~D BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY PROVIDING |NSUPJM’t~E, FILED W1TH THE CITY,AND ~.=~ROvED BY THE crrY BEFORE CONTRACT W~LL BE CONSIDERED COMPt.ETE A8 RESPECTS INSUR.4~NCE.
RETURN THE COMPLETED CERTIFICATE TO THE CITY OF PALO ALTO, PURCHASING & CONTRACT
ADM/NISTRATION, 250 HAM/L TON A VENUE, PALO AL TO 94301.
THE INSURANCE REQUIREMENTS CHECKED BELOW ARE REQUIRED FOR THIS CONTRACT.
TYPE OF COVERAGE
~
Worker’s Compensation /~’,/A
Automobile Liability/ ,4((/A
[].Comprehensive General Liability:
INCLUDING:
¯ PERSONAL INJURY
¯ BROAD FORM PROPERTY DAMAGE
¯ BLANKET CONTRACTUAL
¯ FIRE LEGAL LIABILITY
[].Comprehensive Automobile Liability:
INCLUDING:
¯ OWNED
¯ HIRED
¯ NON-OWNED
I~ro fession al Lia bilit y:..,,% ~ C .¢iINCLUDING:
¯ERRORS AND OMISSIONS
¯M~J.PRACTICE (ff/~q~plicab|e) ~ ~ D 1 2 4 ~
¯NEGLIGENT PERFORMANCE
REQUIREMENT
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY
DAMAGE COMBINED
BODILY INJURY (Each Person)
I~ODILY INJURY {E=~I~ o=~,~-~,~
pROPERTY DAMAGE
8ODILY INJURY & PROPERTY
DAMAGE COMBINED
ALL DAMAGES
LONG FORM IMinimum Limi~I
{~*THE CiTY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED ~/~7" ~’4 t’~ ~;Lt.- ~P ~r,F. b~ ~; L;~
The Cl~ of PaiD Alto, Its officers, agents and employe~ are nam~ as additional insured, b~ only as to work pe#o~ under contract. Said
~ge as to ~ C~ of Paid A~o, etc., s~! ~ prima~ ~verage, ~thout offset against Ci~s existing insurance and any other insu~nce ~ed
by the Ci~ being excess insurance only.
~ ~ ~ ~ grading, paving, exca~ting, drilling or other underground work, the policy includes destruction of ~res, conduffs, pi~s,
~, ~ ~ ~r ~ ~ any a~mt~ ~ connection there~th below the su~ace of t~ ground ~ether o~ by third pa~ies or t~ Ci~
of Pato A~o.
Where the wo~ involves exca~ting, collapse coverage is provided in the amounts above.
The ~licy includes a "Seve~bili~ of Interest" provision.
D~uctibles over $5,0~ must be indicated and are subject to approval.
If such policies are canceled or changed during the period of coverage as stated herein, in such a manner as to affect the Ce~i~cate, thi~ (~)
da~ ~i~en notice ~11 be mailed to the Ci~ of Paid Alto, Contract Administration, P.O. Box 10250, 94303
~ liabil~ insum~ ~li~ i~lud~ a cont~ctual liabili~ endorsement providing insurance coverage for Cont~ctoCs agr~ment to indemni~ the
The coverage afforded under the policies is subject to all terms of the policies designated herein and meets all of the provisions ~11~
for herein.
DATE: ~ ~CONTRACT ADMIN Ken M. Haskins, Manager {415) 329-23~
END OF SECTION
CITY OF PALO ALTO: Insurance Requirements (REV.6/94)SECTION 00650-1
PART !11 -SUPPLEMENTAL FORMS SECTION 420
CITY of PALO ALTO
EXPERIENCE AND FINANCIAL QUALIFICATIONS
The following information concerning the experience and financial qualifications of
the Consultant are a required part of the Proposal. This information may be included
in the Proposer’s proposal format, this format is provided for information required
only. The information may be used in the Proposal’s evaluation and is certified
correct by your signature herein.
PROJECT NAME:,Services of Clinical Laboratory Technoloaist
Name of Company:Technologist, North Coumt.v
Name of Insurance Carrier: Chica~<o Insurance ComDany
Phone Number: ~-S00-~525-210¢~Policy Number: A:A.C-O00002"lS51
How many years have you (or your firm) done business un~ler the name listed above?
~S Years
How many years experience have you (or your fi~m) had which is similar in nature to the work
covered in the Proposal? ...... 98 Years ~ d/" ~,~j. ( Z /-~/_ ~ /J ~#~ /.~.~_~
Please provide (in your proposal) relevant references to contracts satisfactorily completed in the
last three (3) Years. The information should include: Year; Type of services; Company/Agency
name and location; and Contract amount. 1992, Teoh ~;ervioes ~ City e2 Pa-lo
3.1 Have you (or your firm) previously worked for the City of Palo Alto? 1~1 Yes [] No If
yes, please include the information in your proposal.
Please provide (in your proposal) a list of the Project’s management staff of the proposer who will
manage the proposed work as may be required by the Scope of Work or Services listed herein.The
information should include: Name; Years of Experience; Field of Expertise/Capabilities.
i-lone
State location (in your proposal) of information requested under items 1 - 4 above:
I. This Da~e 2. ~his page 3. Ti~is ~a~e 4. This pave
Tec~’_nolo~zs~;, ;~iorth County
Consultant (Company Name)
[fii~_ton W. ~;!,,.1:h, Sole Prop.Lept. 22, q9~5
(Name/Title)(Date)
Alto
CITY of PALO ALTO: Experience/Financial (4/94)
END OF SECTION
SECTION 420
Exhibit D
CERTIFICATION of NONDISCRIMINATION City of Palo Alto
Project: Services of Clinical Laboratory Technologist
Certification of Nondiscriminatioq; As suppliers of goods or services to the City of Palo Alto,
the firm and individuals listed below certifies that they do not discriminate in employment with
regards to age, race, color, religion, sex, national origin, ancestry, disability, or sexual
preference; that they are in compliance with all Federal, State and local directives and
executive orders regarding nondiscrimination in employment; and that they agree to
demonstrate positively and aggressively the principle of equal opportunity in employment.
The Bidder agrees specifically:
1.0
2.0
To establish or observe employment policies which affirmatively promote
opportunities for minority persons at all job levels.
To communicate this policy to all persons concerned, including all employees,
outside recruiting services, especially those serving minority communities, and
to the minority communities at large.
3.0 To take affirmative action steps to hire minority employees within the
organization.
4.0 To be knowledgeable of the local, state, and federal laws and regulations
concerning affirmative action policies and provide opportunities for employees.
"Firm: 1 ~_- ¢---~//t/#’L.,~ ~,~-/) DATE: !~21)~
~
Title of Officer Signing: G ~# ~
Please include any additional information available regarding equal opportunity employment
programs now in effect within your company.
(Please attach additional pages if necessary)
END. OF SECTION
CITY of PALO ALTO: Non-discrimination (6/94)SECTION 410-1