Loading...
HomeMy WebLinkAbout2016-678-E HR - Triangle J Council of Governments for drug, alcohol testing program DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A [Departmental Use Only] TITLE Triangle J FY 2016-17 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of July, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Triangle J Council of Governments (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time beirig of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: see attached Exhibit A, which is hereby incorporated into this document. The term of this agreement rendered shall be from July 1, 2016 to June 30, 2017. Thereafter the agreement shall renew automatically for annual periods beginning July 1, 2017 unless this agreement is terminated by either party following the termination procedure set out in Exhibit A. Provider represents and agrees that Provider is qualified to perfoi in and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed fifteen thousand dollars, ($15,000.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 6/16 1 DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County,Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be f! referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws,rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without is further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor,on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County,North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory Revised 6/16 2 DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] i ii ii Revised 6/16 3 DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. GRAN F CQIINTY PROYMniuned by: By 'Olnuin,lt, Nu Awit,V'Sk,i By. ( wbrs •mffiVVIZA.ger Titley-1-1 i4r2v3 'c,7' 200 S. Cameron St. Lee Worsley,Executive Director P.O.Box 8181 Triangle J Council of Governments Hillsborough,NC 27278 • • Revised 6/16 4 • DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A Exhibit A Drug and Alcohol Testing Program Service Agreement The Triangle J Council of Governments (TJCOG) will provide a drug and alcohol testing program which includes the following: • Consortium record keeping. • Regulation updates. • Policy and procedure development assistance. • Identification of collection site(s). • Billing. • Development and hosting of periodic • Database maintenance. consortium meetings. • Consultation. • Coordination of on-site drug screen and breath • Notification of random selections. alcohol testing collection sites (where • Liaison with third party administrator. available). • Supervisor training. • Combining of employees from participating • Contract negotiation. employers in order to create a larger selection • Testing forms/supplies. pool (unless otherwise requested). Local governments and other employers in the consortium are responsible for: • Individual record keeping. • Notice to employee of selection and scheduling of test(s). • Adoption of and modifications to policies and procedures. • Notice to TJCOG of needed training sessions. • Notice to TJCOG or third party administrator of changes to database. • Notice to applicants and employees of TJCOG's role in receiving, reporting and storing test results. FEES An annual administrative fee will be assessed to consortium members and will be due upon execution of this agreement, and on its renewal date as long as this agreement remains in effect. For TJCOG member governments, the annual fee includes a base fee of$1200 plus an incremental fee determined by the total number of employees in the testing pool(s) and the number of tests conducted during the prior calendar year. The incremental fee chart is shown below: Total#employees in testing pool plus total Incremental Fee number tests in prior calendar year 0-50 $100 51-150 $200 151-250 $300 251-350 $400 351-450 $500 451-550 $600 551-650 $700 651-750 $800 751-850 $900 851-950 $1,000 The Fiscal Year 2017 fee for Orange County is $1700.00. DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A Fees for drug testing are billed based on the test type (DOT or non-DOT): 1) The non-DOT testing fee is currently $30.00; MRO review of any non-negative tests • is $7.00. 2) The DOT testing fee is currently $35.00 and includes MRO review. 3) Collection fees are billed at the rate submitted by the collection site and will include any travel or other charges billed by the collection site. Orange County may also elect to be billed directly by the collection site Fees for breath alcohol testing: Rates for breath alcohol tests are billed at the actual test cost as submitted by the collection site site and will include any travel or other charges billed by the collection site. Orange County may also elect to be billed directly by the collection site. Collection fees, drug test fees, breath alcohol testing fees, and other rates may be adjusted to reflect cost increases (or decreases) of the third-party administrator, breath alcohol technicians, collection sites, laboratory, and/or TJCOG. Split sample testing will be billed to the employer and will be billed at the cost submitted by the third party administrator. Supervisor training sessions will be conducted up to two times per year. Training costs will be based on the cost of each training session and the number of registrants/participants. Additional supervisor training sessions and/or employee training sessions will be arranged as requested and will be provided using the same fee schedule. BILLING Consortium members will be billed no more than monthly as tests and/or training sessions are completed. Payment terms will be due upon receipt of invoice. Overdue accounts shall be subject to a service charge of one and one-half(1.5) percent per month. TERM The term of this agreement shall be through June 30, 2017. Thereafter the agreement shall renew automatically for annual periods beginning July 1, 2017, unless this agreement is terminated by either party following the termination procedure set out below. INDEMNIFICATION To the extent allowed by law, Orange County agrees to hold harmless and defend TJCOG and its employees and agents against all claims resulting or alleged to result from any act or omission of TJCOG or its employees or agents in performing or failing to perform any of its obligations under this agreement. TERMINATION This agreement may be terminated by either party, with or without cause, by tendering written notice at least sixty (60) days prior to cancellation. • Page 2 of 3 DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A This proposal and agreement, mutually made and entered this day of , 2016. Accepted by: lDocuSigned by: 00614LAI 11/14/2016 Leg WNW, Executive Director Date Triangle J Council of Governments DocuSigned by: �blU AA t, tkeumMt,V'Stt,(1 11/30/2016 orh661964 0ifnersley, Manager Date Orange County, NC This instrument has been preaudited in the manner required by the Local Government Budget DEiseab control Act. MILVi 11/14/2016 E5se9aes ... Judy Weller, TJCOG Finance Director Date jl Page 3 of 3 DocuSign Envelope ID:21562812-A278-42AD-8638-D61555DD549A Certificate of Insurance Issue Date(MM/DD/YYYY) 11/03/2016 Named Participant This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend,extend or alter the coverage afforded by the Policies below. Triangle J COG Companies affording Coverage 4307 Emperor Blvd,Suite 110 Durham,NC 27703 A= Interlocal Risk Financing Fund of North Carolina B= North Carolina Interlocal Risk Management Agency COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE LISTED BELOW IS AFFORDED TO THE PARTICIPANT NAMED ABOVE FOR THE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CC CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE COVERAGE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDmONS OF SUCH PROGRAM. Co Type of Coverage Policy Number Effective Expiration Limits of Liability Ltr Date Date A GENERAL LIABILITY PL-94006-2016-00 07/01/2016 07/01/2017 Products-Comp/Operations $5,000,000 ❑x Commercial General Liability Personal&Adv.Injury $5,000,000 ❑ Claims Made px Occurrence Each Occurrence $5,000,000 Fire Damage(Any one fire) $1,000,000 Med.Expense(Any one person) N/A Deductible $500 AUTOMOBILE LIABILITY Limit Deductible ❑Any Auto(Symbol 1) Combined Single Limit ❑ Hired Autos(Symbol 8) ❑ Non-Owned Autos(Symbol 9) ❑ UninsuredlUnderinsured Motorists PROPERTY Limit Deductible ❑ Real&Personal Property ❑ Builder's Risk ❑Auto Physical Damage(Symbol 7&8) ❑ Municipal Equipment ❑ Computer Equipment&Media ❑ Portable Equipment ❑ Fine Arts Police Professional Liability Limit(per occurrence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Public Officials Liability Limit(per occurrence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Employment Practices Liability Limit(per occurrence/aggregate) Deductible ❑ Claims Made ❑ Occurrence Workers'Compensation Limit ❑Workers'Compensation and Employer's Liability Each Accident ❑WC Statutory Limit Disease-Each Employee Disease-Policy Limit OTHER COVERAGE Limit Deductible Description Evidence of Coverage Certificate Holder Cancellation EVIDENCE OF COVERAGE Should any of the above described coverages be cancelled before the expiration date thereof the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company,its agents or representatives. Authorized Representative Rte. ,D