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HomeMy WebLinkAboutContracts & Agreements_141-2012_CCv0003.pdf REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION September 25, 2012 FROM: ROD HOOPS, Sheriff(Coroner/Public Administrator Sheriff/Coroner/Public Administrator SUBJECT: CONTRACTS RELATIVE TO THE MAINTENANCE OF BREATH ALCOHOL ANALYSIS INSTRUMENTS RECOMMENDATION(S) Approve contracts with the following seven cities whereby the Sheriff/Coroner/Public Administrator will receive $2,400 annually from each city for providing services and supplies necessary to maintain breath alcohol analysis instruments for the period of July 1, 2012 through June 30, 2015: a. City of Chino, $7,200 (Agreement No. 12-731) b. City of Colton, $7,200 (Agreement No. 12-732) C. City of Fontana, $7,200 (Agreement No. 12-733) d. City of Ontario, $7,200 (Agreement No. 12-734) e. City of Montclair, $7,200 (Agreement No. 12-735) f. City of Redlands, $7,200 (Agreement No. 12-736) g. City of Rialto, $7,200 (Agreement No. 12-737) (Affected Districts: Second, Third, Fourth and Fifth) (Presenter: Steve Higgins, Captain, 387-0640) BOARD OF SUPERVISORS COUNTY GOALS AND OBJECTIVES Maintain Public Safety. FINANCIAL IMPACT This item will not result in the use of additional discretionary general funding. Revenue generated from these agreements, totaling $50,400, will fully offset the direct cost of providing service. The current year revenue ($16,800) and offsetting costs of these contracts were included in the Sheriff/Coroner/Public Administrator's Fiscal Year 2012-13 budget. BACKGROUND INFORMATION Approval of this item will allow the Sheriff's Department (Department) to continue to provide maintenance and calibration of breath alcohol analysis instruments for police departments of the above listed cities. Additionally, the Department will provide computer support that includes data upload/storage, program download, instrument diagnostics and reports. The Department's Scientific Investigations Division has the resources and personnel available to provide these services. Page 1 of 2 cc: Sheriff-Higgins Wagreements Recon fA ton,,,of,ttW:- d of Supervisors Contractor c/o Sheriff w1agreement W, ;WA Auditor-Controllerfrreasurerfrax AP NQ- ALENDAR) Collector-Accounts Payable Manager RDINO w/agreements BoarIs EBIX-BPO c/o Risk Management CAO-Forster MOTION ShUONU AYE File-w/agreement 1 2 4 5 % ml 10/05/12 LAURA H.W t RD BY AU 11-'4brivi ITEM 63 V Rev 4-1911- DATED: Ser"LF25M, - CONTRACTS RELATIVE TO THE MAINTENANCE OF BREATH ALCOHOL ANALYSIS INSTRUMENTS SEPTEMBER 25, 2012 PAGE 2 OF 2 These recommended agreements establish operating procedures between the parties and ensures proper cost recovery to the Department. The contracts are for a period of three years, but provide for termination upon 30 days advance written notice. REVIEW BY OTHERS This item has been reviewed by County Counsel (Steven Singley, Deputy County Counsel, 387- 5455) on June 29, 2012 and the County Administrative Office (Tom Forster, Administrative Analyst, 387-4635) on September 6, 2012. 09/25/12 463 FOR COUNTY USE ONLY New FRS Vendor Code ���(** Dept. /� Contract Number �`oJ I'D Change SC SHR A El Cancel ePro Vendor Number ePro Contract Number County Department Dept. Orgn, Contractor's License No. SHERIFF SHR SHR County Department Contract Representative Telephone Total Contract Amount County of San Bernardino I STEVE HIGGINS (909)387-0640 $7,200 FAS Contract Type Revenue F1 Encumbered Unencumbered n Other: STANDARD CONTRACT If not encumbered or revenue contract t e,provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 07/01112 06/30115 $7,200 Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No Amount AAA SHR SHR $7,200 Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJ/JOB No. Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRCIPROJIJOB No. Amount Project Name Estimated Payment Total by Fiscal Year Breath Alcohol Analysis FY Amount I/D FY Amount I1D Instrument Supplies& 2012-13 $2.400 Services 2012-15 2013-14 $2,400 _ Contract Type 1 2014-15 $2,400 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 30 Cajon Street Redlands, CA 92373-4710 Telephone Federal ID No.or Social Security No. (909) 798-7661 IT IS HEREBY AGREED AS FOLLOWS: WITNESSETH WHEREAS, CONTRACTOR is in need of services and supplies necessary to operate a Drager Alcotest 7110 Mark III-C and/or an Intoximeter EC/IR II and/or Intoximeter Alco-Sensor V POA evidentiary breath alcohol analysis instrument(s), 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 follows: I. SCOPE OF SERVICES A. COUNTY shall provide services and supplies related to the operation of a Drager Alcotest 7110 Mark Ill-C and/or an Intoximeter EC/IR it and/or an Intoximeter Alco-Sensor V POA Auditor-ControllerlTreasurer Tax Goflector Use Only 0 Contract Database ©FAS Input Date Keyed By Page 1 of 4 evidentiary breath alcohol analysis instrument(s), which are included in the Conforming Products List for Evidential Breath Measurement Devices as published by the National Highway Traffic Safety Administration, US Department of Transportation. The services and supplies provided are as follows: 1. Instrument checklists and forms 2. In-laboratory calibration of a Drager Alcotest 7110 Mark 111-C and/or an Intoximeter EC/IR 11 and/or an Intoximeter Alco-Sensor V POA evidentiary breath alcohol analysis instrument(s). 3. Accuracy verification solutions and/or dry gas cylinders. 4. Computer support including data upload and storage, program download, instrument diagnostics, and generation of reports. 5. CRIME LAB will provide printer ribbons, mouthpieces and chart paper. It is the CONTRACTOR's responsibility to install and/or replace these items. 6. Expert witness testimony regarding a Drager Alcotest 7110 Mark III-C and/or an Intoximeter EC/IR 11 and/or an Intoximeter Alco-Sensor V POA evidentiary breath alcohol analysis instrument(s). 7. Training on the use of a Drager Alcotest 7110 Mark III-C and/or an Intoximeter EC/IR 11 and/or an Intoximeter Alco-Sensor V POA evidentiary breath alcohol analysis instrument(s). B. The scope of service does not include site visits for repairs and/or calibration. C. Additional responsibilities of the CONTRACTOR include: 1. If necessary, 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 occurs first. 2. Dedicated telephone line with standard jack located immediately adjacent to instrument location. 111. TERM AND TERMINATION The term of this contract shall be for a period of three years commencing on July 1, 2012. 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. Revised 03/22/2012 Page 2 of 4 A, 111. CONSIDERATION In consideration for COUNTY'S furnishing of services and supplies provided herein, CONTRACTOR shall pay the sum of $2,400.00 per Drager Alcotest 7110 Mark Ill-C and/or an Intoximeter EC/IR 11 and/or an Intoximeter Alco-Sensor V POA evidentiary breath alcohol analysis instrument(s), 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 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. IV. NOTICES Any and all notices required to be given hereunder, shall be given in writing 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 30 Cajon Street P.O. Box 3005 Redlands, CA 92373-1505 COUNTY: San Bernardino County Sheriff's Department Administrative Services Division P.O. Box 569 San Bernardino, CA 92402-0569 V. INDEMNIFICATION The CONTRACTOR agrees to indemnify, defend (with counsel reasonably approved by COUNTY) and hold harmless the COUNTY and its authorized 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 except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The CONTRACTOR's indemnification obligation applies to the COUNTY's "active" as well as "passive" negligence but does not apply to the COUNTY's "sole negligence" or "willful misconduct". '�Vll. INSURANCE Both CONTRACTOR and COUNTY are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, and Workers' Compensation. CONTRACTOR and COUNTY warrant that through their respective program of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this agreement. Revised 03/22/2012 Page 3 of 4 VII. EXERCISE OF COUNTY'S RIGHTS AND AUTHORITY The Sheriff of San Bernardino County shall have the authority to exercise the COUNTY's rights under this contract including the right to give notice of termination 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 understanding 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 four (4) pages is the full and complete document describing the services to be rendered by COUNTY to CONTRACTOR, including all covenants, conditions and benefits. COUNTY OF A • : RN A :0 0 City of Redlands 4111011.10 Alai. .. (Print or type name of rporaf n,company,contractor,etc.) ► tilIP IIWI" By ► Pit' S-. Josie onzales, : pervis. (Authorized signature-sign in blue ink) Dated: SEP 2012 Name 0e e A �Lk r A t2 (Print or type name of person signing contract) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE Title t IRyOr CHAIRMAN r TtiE BOARD �_ t (Print or Type aura Ii. Dated: <..>(0,3 T '-4 t 2 n. 14 0 lark cN,, s�', Supervisors �'��► . the' mardino ATtEST'. �, �' St-ltvk • ,w i r-1 e ' y C L� '. .. i .; �`,�,. Yof ,�+ Redlands Police Department By_( " . ""A,,, ' d ir' 4.r►, Address 30 Cajon Street aiNiocipr .4- . dOr ; �CNillk *,, •� Redlands, CA 92373-4710 72, : C0 Approved ;!to AT!' :. , ,,i i4L • Reviewed by Contract Compliance Present'. to -OS o Signature IIP 0-A - Atli;Ill; 10, I" A. 611117,,...- .,ounty Counsel,b Ste i in.,. "Deputy Department Head ` Date tX , r ii.. Date Date 9 / p Revised 03/22/2012 Page 4 of 4