HomeMy WebLinkAboutEQUIPMENT REPLACEMENT AGREEMENT BETWEEN THE RICHMOND COUNTY STATE DUI COURT AND THERMOFISHER SCIENTIFIC FOR DRUG TESTING SERVICES STATE OF GEORGIA STANDARD
REAGENT AND CONSUMABLES MASTER AGREEMENT
ATTACHMENT A
Thermo Fisher
SCIENTIFIC
Equipment Placement Agreement
As of the date last signed below, the Richmond County State DUI Court and Thermo Fisher
Scientific (hereinafter, sometimes, the "Supplier") enter into this Agreement for drug testing
services for a one year term. The terms of this agreement are in reference to the State of Georgia
master agreement GBI 47100=GBI0000100. As of this date 11/17/17 , Richmond County
State DUI Court agrees to accept the drug testing services of Thermo Fisher Scientific for a one
year term.
I.General Conditions
1. Richmond County State DUI Court agrees to accept drug testing equipment and supplies
for onsite urinalysis and/or oral fluid substance abuse testing facilities.
2. Standard payment terms are net 30 days from date of invoice.
3. The pricing terms are based upon selected commitment in section III.
II.Locations/Facilities
The following location(s) is (are) included in this agreement:
1824 Wylds Rd, Unit B-2
Augusta, GA 30901
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III.Fricin&Commitments
A. Less than 750 specimens per month Indiko Analyzer $0.60 per test
V B. 751-1499 specimens per month Indiko Plus Analyzer $0.55 per test
C. 1500-2499 specimens per month Mindray 480 Analyzer $0.48 per test
D. 2500 or more specimens per month Mindray 800 Analyzer $0.40 per test
1. The following are included upon each equipment placement option:
a. Drug testing software and any supporting software
b. Lab integration with Connexis and Five Points Case Management systems
c. Supporting hardware (Computer, Printer, and Barcode Label Printer)
d. Delivery and installation of equipment
e. Onsite training for employees for proper operation of laboratory equipment and
software provided for data management
IV.Software
A. Five Point Solutions Case Management
V B. Connexis Case Management
Lab Management Systems will have the following features:
1. Web-Based Order Entry and Results
2. Global Search Capability
3. Random Scheduling
4. Barcode Label Generation
5. Multi-Tiered Hierarchy
6. Chain of Custody(COC)
7. Online or Printed Reports
SERVICE
1. The Supplier must supply service for the analyzer and the software throughout the life of
the agreement.
2. The Supplier will have 24 hour technical assistance. All service for equipment will be
provided by the Supplier.
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VI.AGRE. .ME,NT TERM
Term and Renewal. The"Term" shall begin November 1, 2017 and end on November 1, 2018.
Options Renew.After the initial term,the agreement may be renewed at the sole discretion of User
Agency on a year-to-year basis (one year at a time) for up to six fiscal periods so that the total of
the initial term together with all renewal terms (if User Agency exercises such options) is
equivalent to a total of 84 months. User Agency may, at its sole option, renew as to all of the
Equipment and Services to be provided hereunder or as to only selected Equipment and Services.
The terms and conditions of this Agreement shall apply during any renewals of the term.
MGC Account Manager Name (print): Todd Fernandez
MGC Account Manager Signature: q- o(R„/ Date: 11/17/2017
Customer Name/Title(prin avi tl • 'of Judge, State Court
Customer Signature: Date: &`. !L 1?
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STATE OF GEORGIA STANDARD
REAGENT AND CONSUMABLES SUPPLEMENTAL
AGREEMENT FOR RICHMOND COUNTY STATE COURT
I. ADDITIONAL TERMS
In addition to the terms and conditions of the State of Georgia Standard Reagent and Consumable
Master Agreement GBI 47100-GBI 0000100 ("Master Agreement"), Supplier and Augusta
agree to the terms provided herein. To the extent that there is any conflict with this agreement
and the Master Agreement, the terms of the Master Agreement shall prevail except as to venue.
Any lawsuit or other action based on a claim arising from the Master Agreement or this
supplemental Agreement shall be brought into any court of appropriate jurisdiction in Richmond
County, Georgia.
1. Standard of Performance. Supplier represents and warrants that it the necessary
personnel and resources to perform her obligations under this Agreement, and agrees to
perform its obligations under this Agreement in a professional manner, consistent with
prevailing industry standards and practices.
2. Qualifications, Licenses, and Permits; Compliance with Law. Supplier represents and
warrants that it has all licenses and permits necessary to conduct business and perform
the obligations under this Agreement, and agrees to comply with all applicable federal,
state and local statutes, regulations, codes, ordinances and policies in performing its
obligations under this Agreement.
3. Independent Supplier Relationship. The parties intend that Supplier's relationship to
Augusta in providing services hereunder shall be that of an independent Supplier.
Nothing in this Agreement, nor any performance hereunder, is intended or shall be
construed to create a partnership,joint venture or relationship of agency or employment
between Augusta and Supplier. In providing services hereunder, Supplier shall represent
itself to third parties as an independent Supplier to Augusta and shall not hold itself out
as having any authority to obligate Augusta.
4. Confidentiality. Supplier shall treat medical information as confidential in accordance
with the requirements of state and federal law and Supplier shall not disclose or use any
such information except as required in connection with the performance of its obligations
under this Agreement.
5. Records. Supplier shall maintain throughout the term of this Agreement and for a period
of six (6) years thereafter records that indicate the date, time, and nature of the services
rendered. Supplier shall make available for inspection by Augusta all records, books of
account, memoranda, and other documents pertaining to Augusta at any reasonable time
upon request.
6. Defective Pricing. To the extent that the pricing provided by Supplier is erroneous and
defective, the parties may,by agreement, correct pricing errors to reflect the intent of the
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parties.
7. Prohibition Against Contingent Fees. The Supplier warrants that no person or selling
agency has been employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by Supplier for the purpose of securing business and that the Supplier has
not received any non-Augusta fee related to this Agreement without the prior written
consent of Augusta. For breach or violation of this warranty,Augusta shall have the right
to annul this Agreement without liability or at its discretion to deduct from the
Agreement Price of consideration the full amount of such commission, percentage,
brokerage or contingent fee.
8. Fair Market Value. Augusta and Supplier stipulate that the fee reflects fair market value
for the services and has not been determined based on the volume or value of referrals
between the parties or other business generated between the parties.
9. Temporary Suspension or Delay of Performance of Contract. To the extent that it does
not alter the scope of this Agreement, Augusta may unilaterally order a temporary
stopping of the work, or delaying of the work to be performed by Supplier under this
Agreement.
10. Specified Excuses for Delay or Non-Performance. Neither Augusta, nor Supplier, shall
be liable for any delay in the performance of this Agreement, nor for any other breach,
not for any loss or damage arising from uncontrollable forces such as fire, theft, storm,
war, or any other force majure that could not have been reasonably avoided by the
exercise of due diligence.
11. Insurance. Supplier shall, at all times that this Agreement is in effect, cause to be
maintained in force and effect an insurance policy(s) that covering the Supplier in
performance of the work during the term of this Agreement. Supplier shall provide, at
all times that this Agreement is in effect, insurance with limits of not less than One
Hundred Thousand($100,000)Dollars.
12. Power and Authority; Due Authorization; No Conflict; Enforceability. Each party
represents and warrants to the other party that(i) such party has the power and authority
to execute, deliver and perform its obligations under this Agreement, (ii) the execution,
delivery and performance of this Agreement have been duly authorized by such party
and do not and shall not conflict with any agreement or instrument to which it is bound,
and (iii) this Agreement constitutes the legal, valid and binding obligation of such party,
enforceable against it in accordance with its terms.
13. Notice. Any notices required under this Agreement shall be made in writing, postage
prepaid to the following addresses, and shall be deemed given upon hand deliver,
verified delivery by telecopy(followed by copy sent by United States mail), or three (3)
days after deposit in the United Stated Mail:
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Augusta: State Court Administrator
735 James Brown Blvd., Suite 4102
Augusta, GA 30901
Courtesy copy to: General Counsel
Augusta Law Department
535 Telfair Street, Building 3000
Augusta, Georgia 30901
Supplier: Thermo Fisher Scientific
46500 Kato Road
Fremont, CA 94538
14. Right to Inspect Premises.Augusta may,at reasonable times,inspect the part of the plant,
place of business, or work site of Supplier or any subcontractor of Supplier or subunit
thereof which is pertinent to the performance of any contract awarded or to be awarded
by Augusta.
15. Local Small Business Program. In accordance with Chapter 10B of the AUGUSTA, GA.
CODE, Contractor expressly agrees to collect and maintain all records necessary to for
Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity
Program and to make such records available to Augusta, Georgia. The requirements of
the Local Small Business Opportunity Program can be found at www.augustaga.gov.
The parties agree that no local small business goal has been set for this contract.
16. Construction of Agreement. The parties acknowledge and agree that both parties
substantially participated in negotiating the supplemental terms of this Agreement; and,
therefore, the parties agree that this Agreement shall not be construed more favorably
toward one party than the other party as a result of one party primarily drafting the
Agreement. The section and other headings in this Agreement are for convenience of
reference only and shall not be construed, expressly or by implication, so as to affect the
meaning or interpretation of any of the provisions hereof. This Section and other
headings in this Agreement are for convenience of reference only and shall not affect,
expressly or by implication,the meaning or interpretation of any of the provisions hereof.
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MGC Account Manager Name (print): Todd Fernandez
MGC Account Manager Signature: ..: ( _ _Date: 11/17/2017
Customer Name/Title(print)i a • D.1 atkins Chief Judge, State Court
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Customer Signature: �r, / / Date: VI" ‘17
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