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HomeMy WebLinkAboutContracts & Agreements_135-2006_CCv0001.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION July 25, 2006 FROM: GARY PENROD, Sheriff-Coroner Sheriff's Department SUBJECT: CONTRACTS WITH VARIOUS CITIES FOR THE SHERIFF'S DEPARTMENT TO PROVIDE SERVICES AND SUPPLIES NECESSARY TO MAINTAIN A BREATH ALCOHOL ANALYSIS INSTRUMENT RECOMMENDATION: Approve Agreements as listed below with the following agencies for the Sheriff's Department to provide services and supplies necessary for each to maintain a breath alcohol analysis instrument, in the amount of $2,000 per instrument per year, from July 1, 2006 through June 30, 2009. AGREEMENT NO. CONTRACTOR 06-796 Chino, City of 06-797 Redlands, City of BACKGROUND INFORMATION: The Sheriff's Department provides maintenance and calibration of breath alcohol analysis instruments to local law enforcement and government agencies. The Department also provides computer support including data upload and storage, program download, instrument diagnostics and reports. A written contract establishes the operating procedures between the parties and ensures proper cost recovery to the County. The Department is in the process of re-writing most of its contracts for the service of maintenance and calibration of breath alcohol analysis instruments, in order to revise the scope of services language and establish a three-year contract period. The cost of service shall remain $2,000 per instrument per year. The proposed contracts are for the period of July 1, 2006 through June 30, 2009 and provide for termination upon 30 days advance written notice. REVIEW BY OTHERS: This item has been reviewed and approved as to form by County Counsel (Kevin L. Norris, Deputy County Counsel, 387-5441) on May 25, 2006, and has been reviewed by the County Administrative Office (Laurie Rozko, Administrative Analyst, 387-8997) on July 10, 2006. FINANCIAL IMPACT: There is no local cost impact related to this item. Estimated revenue generated by these contracts, in the amount of $4,000 per year, fully offsets the cost of providing the service and was included in the Department's 2006-07 budget. SUPERVISORIAL DISTRICT(S): All PRESENTER: Dennis J. Casey, Captain, 387-3637 MIN07.25 r 2Bre9ihAl vanous06 CC: Sheriff—Casey w/2 agreements Record of Action of the Board of Supervisors Contractor—Redlands c/o Sheriff. AGREEMENT 06-796 AND 06-797 w/2 agreements APPRO { ALENDAR) Contractor—Chino c/o Sheriff ORS w/lagreement .r F N DINO ACR—Mejico w/2 agreements IDS w/2 agreements MOTION - SECOND AYE Risk Management .`"' " 4 Sheriff—Penrod DENA M. S L County Counsel—Norris CAO—Rozko BY File w/Agreement No.06-796; DATED: July .a Agreement No. 06-797 4�D1N0 COC mh rc�• n�� EOR GOUMFI!USE ONLY a X New Vendor Code Dept. Gon(ra d b - I CO NIY r ee 3�uoua Change SC SHR A Cancel ti✓ County Department Dept, Orgn. Contractor's License No. SHERIFF SHR SHR County Department Contract Representative Telephone Total Contract Amount County of San Bernardino DENNIS J. CASEY 909 387-0640 $6,000 FAS Contract Type r�5x Revenue ❑ Encumbered ❑ unencumbered ❑ Other: STANDARD CONTRACT If not encumbered or revenue contract type,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 07/01106 06/30/09 $6,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount AAA SHR SHR 9800 INTOXMT $6,000 Fund Dept. Organization Appr, Obj/Rev Source GRCIPROJ/JOB No. Amount Fund Dept. Organization Appr. Obj/Rev SourceGRC/PROJIJOB No. Amount Project Name Estimated Payment Total by Fiscal Year Breath Alcohol Analysis FY Amount I/D FY Amount I/D Instrument Supplies & _ Services 2006-09 _ _— Contract Type 2(b) THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY, and Name City of Redlands hereinafter called CONTRACTOR Address Redlands Police Department P.O. Box 3005 Redlands, CA 92373 Telephone Federal ID No,or Social Security No. (909)798-7661 IT IS HEREBY AGREED AS FOLLOWS: {Use space below and additional bond sheets. Set forth service to be ren(lered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination,other terms and conditions,and attach plans,specifications,and addenda,if any.) WITNESSETH WHEREAS, CONTRACTOR is in need of services and supplies necessary to operate a Drager Alcotest 7110 Mark III-C evidentiary breath alcohol analysis instrument, AND, WHEREAS, COUNTY, through the Sheriff's Scientific Investigations Division (hereinafter referred to as "CRIME LAB"), has the resources and personnel to provide these services; NOW THEREFORE, it is agreed as fellows: I. SCOPE OF SERVICES. A. COUNTY shall provide services and supplies related to the operation of a Drager Alcotest 7110 Mark III-C evidentiary breath alcohol analysis instrument, which is included in the Conforming Products List for Evidential Breath Measurement Devices (69 FR 42238), effective July 14, 2004, as published by the National Highway Traffic Safety Administration (Docket NHTSA-2004-18512), US Department of Transportation. The services and supplies provided are as follows: Page 1 of 6 1 Instrument checklists and forms. 2. In-laboratory calibration of Drager Alcotest 7110 Mark HI-C. 3. Accuracy verification solutions for Drager Alcotest 7110 Mark 111-C. 4. In-laboratory simulator repair is limited to the correction of mercury splits in the thermometer and replacement of O-rings. 5. Loaner instruments and simulators, if available. 6. Computer support including data upload and storage, program download, instrument diagnostics, and generation of reports. 7. Expert witness testimony regarding the Drager Alcotest 7110 Mark 111-C. 8. Training of Drager Alcotest 7110 Mark 111-C operators. 9. Training of Drager Alcotest 7110 Mark 111-C accuracy verifiers. B. The scope of service does not include: 1. Site visits for repairs, except as specified in Paragraph A. #6, above, and/or calibration. 2. Factory rVair of instruments or simulators. The CRIME LAB does not repair instruments. CONTRACTOR shall contact Draeger Incorporated to set up an account in CONTRACTOR's name. CONTRACTOR shall submit the instrument to CRIME LAB for general troubleshooting. If warranted, CRIME LAB will contact CONTRACTOR to advise that the instrument is being shipped to Draeger for repair. Once repaired, Draeger will return the instrument to CRIME LAB for calibration and CRIME LAB will contact CONTRACTOR when instrument is ready for pick up. CONTRACTOR will be billed for the repair by Draeger and CONTRACTOR is responsible for payment. 3. The cost of printer ribbons, mouthpieces, chart paper, and simulators. CONTRACTOR may purchase these items from CRIME LAB and CRIME LAB will invoice CONTRACTOR for the supplies purchased. It is the CONTRACTOR's responsibility to install and/or replace these items. C. Additional responsibilities of the CONTRACTOR include: 1. Periodic determinations of accuracy, on forms provided by the CRIME LAB for this purpose, as required by the California Code of Regulations, Title 17 §1221.4 (a)(2)(A) and (B), i.e., not exceeding 10 days or following the testing of 150 subjects, whichever comes sooner. 1 Dedicated telephone line with standard jack located immediately adjacent to instrument location. 11. CONSIDERATION. In consideration for COUNTY'S furnishing of services and supplies provided herein, CONTRACTOR shall pay the sum of$2,000.00 per Drager Alcotest 7110 Mark 111-C instrument, in advance, per fiscal year. Monthly charges for fractional parts of a fiscal year shall be computed at the rate of one twelfth (1/12) of the annual rate for each month or fraction thereof. COUNTY shall have the right to renegotiate the rate for services performed under this contract at the end of each fiscal year. COUNTY shall invoice Page 2 of 6 CONTRACTOR for the annual cost at the beginning of each fiscal year.. Payment shall be due within fifteen(15) days from the date of the invoice. III. TERM AND TERMINATION. The term of this contract shall be for a period of three years commencing on July 1, 2006. Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, by either party, upon written notice given to the other party at least thirty(30) days prior to the date specified for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of termination, and each party shall be released from all obligations or performance, which would otherwise accrue subsequent to the date of termination. In the event of termination of this contract, COUNTY shall refund any sum previously paid by CONTRACTOR, which when prorated represents advanced payment for months of service which is not performed as a result of termination. Neither party shall incur any liability to the other by reason of termination. IV. NOTICES. All notices required to be given under this contract shall be in writing and delivered to the other party by registered or certified mail, postage prepaid. The addresses of the parties hereto, until further notice, are as follows: CONTRACTOR: City of Redlands Redlands Police Department P.O. Box 3005 Redlands, CA 92373 COUNTY: San Bernardino County Sheriff's Department Bureau of Administration P.O. Box 569 San Bernardino, CA 92402-0569 V. INDEMNIFICATION. The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its officers, employees, agents, and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this contract from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the COUNTY on account of any claim, therefor, except where such indemnification is prohibited by law. VI. INSURANCE. Without in anyway affecting the indemnity herein provided and in addition thereto, the CONTRACTOR shall secure and maintain throughout the contract the following types of insurance with limits as shown: A. Workers' Compensation. A program of Workers* Compensation insurance or a state-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all Page 3 of 6 persons providing services on behalf of the CONTRACTOR and specifically covering CONTRACTOR's employees' activities at the range facilities. If Contractor has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. B. Corehensive General and Automobile Liability Insurance. This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). C. Additional Named Insured. All policies, except for Worker's Compensation, Errors and Omissions, and Professional Liability policies, shall contain additional endorsements naming the COUNTY and its officers, employees, agents, and volunteers as additional named insureds with respect to liabilities arising out of the performance of services hereunder. D. Waiver of Subrogation Rights. CONTRACTOR shall require the carriers of the above required coverages to waive all rights of subrogation against the COUNTY, its officers, employees, agents, volunteers, contractors, and subcontractors. E. Policies Primary and Non-Contributory. All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by the COUNTY. F. Proof of Covera-e. CONTRACTOR shall immediately furnish certificates of insurance to the Sheriff's Department evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty(30) days written notice to the Department, and CONTRACTOR shall maintain such insurance from the time CONTRACTOR commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of the contract, the CONTRACTOR shall furnish certified copies of the policies and all endorsements. G. Insurance Review. The above insurance requirements are subject to periodic review by the COUNTY. The County's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such d Page 4 of 6 r " k change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. H. Any such reduction or waiver for the entire term of the agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this agreement. CONTRACTOR agrees to execute any such amendment within thirty (30) days of receipt. I. The CONTRACTOR may accomplish the insurance requirements herein through a State approved self-insurance program. VII. AUTHORITY. The Sheriff of San Bernardino County shall have the right to exercise the COUNTY's authority under this contract including the right to give notice of termination on behalf of the COUNTY at his sole discretion. VIII. FULL UNDERSTANDING. This contract represents the full and complete understanding of the parties with respect to the subject matter hereto, and this contract supersedes all prior oral and written agreements or understandings between the parties with respect to the subject matter hereto. This contract shall be governed by the laws of the State of California. Venue for any lawsuit pertaining to this contract shall be Superior Court of California, County of San Bernardino, San Bernardino Division. Any amendment to this contract shall be in writing, signed by both parties. IX. CONCLUSION. This contract consisting of six (6) pages is the full and complete document describing the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and benefits. RJ CONBreathAi Redlands0f-09_doc I i I Page 5 of 6 [This page is intentionally left blank.] CitAf of Redlands COUNTY OF SrERNA O (Print oItype of corpo ion,company,contractor,etc.) By ri d signature-sign in blue ink) Bill Postmus, Chairman, Board of Supervisors Na earrison Mayor Dated: (Print or type name of rson signing contract) SUP ,� OPY OF THIS Atte SIGNED AN g, TO THE DOCUME 14 City Clerk (Pri o y ) Lorrie Poyzer CHAIRMF `�' Dated: 2 A " 04 rd Supervisors SA, t Sa emardino. �. Redlands Police Department Address P.O. Box 3005 ----By Redlands CA 9 373 R,D O co Pre ent t 130S f n re Approved as to Legal Reviewed by Contract Compliance ► Department Head Co my Counsel,by Kevin L.Norris,Deputy Date t�� ,.�� Date Date tom' Auditor/Controller-Recorder Use On! �,`; toautte eetfiy Page 6 of 6 4J. iJ BE aN f sSANsatxnAnuro GARY PENROD,SHERIFF-CORONER August 2, 2006 Lorrie Poyzer, City Clerk City Clerk's Office City of Redlands P.O. Box 3005 Redlands, CA 92373 Dear Ms. Poyzer: Enclosed is one fully executed copy of Contract No. 06-797 between the City of Redlands Police Department and the County of San Bernardino for the maintenance of one Breath Alcohol Analysis instrument by the Sheriff's Department. The San Bernardino County Board of Supervisors has already approved this contract. Also enclosed is one fully executed Report/Recommendation to the Board of Supervisors of San Bernardino County. These documents are for your records. Sincerely, GARY PENROD, SHERIFF-CORONER f WENDY B ITT, Sheriff's Administrative Manager Sheriff s Bureau of Administration GP/WB/jb Enclosures SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 655 East Third Street • San Bernardino.California 92415-0061 Post Office Box 569 • San Bernardino,California 92402-0569