Loading...
HomeMy WebLinkAboutContracts & Agreements_105-2000REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION Agree. 00-1105 October 24, 2000 FROM: GARY PENROD, Sheriff Sheriff's Department SUBJECT: CONTRACT WITH THE CITY OF REDLANDS FOR THE SHERIFF'S DEPARTMENT TO PROVIDE SERVICES AND SUPPLIES NECESSARY TO MAINTAIN A BREATH ALCOHOL ANALYSIS INSTRUMENT. RECOMMENDATION: Approve contract with the City of Redlands for the Sheriff's Department to provide services and supplies necessary to maintain a breath alcohol analysis instrument in the amount of $2,000. 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 remuneration to the County. The Department is in the process of re -writing all of its breath alcohol analysis instrument maintenance contracts due to a change in the service and supplies necessary to maintain the agency's new analysis instrument. This contract includes all the new provisions. The contract amount of $2,000 per year remains the same as the prior contract. This contract is in effect until terminated and provides for termination upon thirty days notice. The Department received the signed contract from the City of Redlands on October 6, 2000 and October 24th is the first Board date available for approval. REVIEW BY OTHERS: This contract has been reviewed by the County Administrative Office, Stephen Hall, and has been reviewed and approved as to form by Deputy County Counsel Kevin L. Norris. FINANCIAL IMPACT: This contract provides for revenue, in the amount of $2,000, which fully offsets the cost of providing the service. No additional cost to the County. SUPERVISORIAL DISTRICT(S): Third District PRESENTER: Mr. Doug Hallen cc: Sheriff Admin.--Wendy Britt w/agreement City of Redlands w/agreement c/o Sheriff Admin. Auditor w/agreement SBD w/agreement Risk Management CAO-Hall File w/agreement mll Record of Action of the Board of Supervisors AGREEMENT NO. 00-1105 APPROVED BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO MOTION AYE 1 AYE AYE MOVE SECOND 2 3 4 5 EARLENy GROAT; CLERK OF THE BO RD BY DATED: ITEM 051 FOR COUNTY USE ONLY County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into i the County, and Name City of Redlands E M X X New Change Cancel Vendor Code SC Dept. SHR A Contract Number 00-1105 Coun SHERIFF y Department Dept. Orgn. SHR SHR Contractor's License No. County Department Contract Representative Ph. Ext. WENDY BRITT .(909) 387-3746 Amount of Contract $2,000.00 Fund AAA Dept. SHR Organization SHR Appr. Obj/Rev Source 9800 Activity GRC/PROJ/JOB Number Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D Project Name BREATH ALCOHOL ANALYSIS INSTRUMENT SUPPLIES & SERVICES Address Redlands Police Department P.O. Box 3005 Redlands, CA 92373 Phone Birth Date (909) 798-7661 Federal ID No. or Social Security No. hereinafter called Contractor IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, 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.) 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 Department, has the resources and personnel to provide these services; NOW, THEREFORE, the parties hereto agrees as follows: I. SCOPE OF SERVICES. COUNTY shall provide services and supplies related to the operation of a Drager Alcotest 7110 Mark III-C evidentiary breath alcohol analysis instrument as follows: A. Licensure by California Department of Health Services of Drager Alcotest 7110 Mark III-C. B. Instrument checklists and forms. C. In -laboratory calibration of Drager Alcotest 7110 Mark III-C. D. Accuracy verification solutions for Drager Alcotest 7110 Mark III-C only. E. In -laboratory repairs to simulator. Page 1 of 5 F. In -laboratory repairs to instrument are limited to replacement of the breath hose, modem module, printer module, printer ribbon cartridge, solenoid and micromotor. G. Loaner instruments and simulators, if available. H. Computer support including data upload and storage, program download, instrument diagnostics, and generation of reports. I. Expert witness testimony regarding the Drager Alcotest 7110 Mark III-C. J. Training of Drager Alcotest 7110 Mark III-C operators. K. Training of Drager Alcotest 7110 Mark III-C calibration verifiers. II. The services and supplies to be provided by COUNTY to CONTRACTOR shall not include: A. Mouthpieces. B. Chart paper. C. Simulator. D. Site visits for repairs, except as specified in Paragraph I.G. above, and/or calibration. E. Factory repairs to instrument or simulators. III. TERM AND TERMINATION. The term of this contract shall be for a period of time commencing on July 1, 2000 and terminating only as hereinafter provided. Notwithstanding the foregoing, this contract may be terminated at any time, with or without cause, by CONTRACTOR or by COUNTY 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 advance payment for months of service which are not performed as a result of termination. Neither party shall incur any liability to the other by reason of termination. IV. CONSIDERATION. In consideration for COUNTY's furnishing of services and supplies provided herein, CONTRACTOR shall pay $2,000 per Drager Alcotest 7110 Mark III-C instrument, in advance, per fiscal year. 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 for the full -year cost. Payment shall be due within fifteen (15) days from the date of invoice. V. 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 P.O. Box 3005 Redlands, CA 92373 Page 2 of 5 COUNTY: San Bernardino County Sheriff's Department Bureau of Administration, Contracts Unit P.O. Box 569 San Bernardino, CA 92402-0569 VI. INDEMNIFICATION. The CONTRACTOR agrees to indemnify, defend 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 from CONTRACTOR's acts, errors, or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. VII. INSURANCE. Without in any way effecting the indemnity herein provided and in addition hereto, 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 persons providing services on behalf of the CONTRACTOR and all risks to such persons under this agreement. B. Comprehensive 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 Name 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 insured 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 and 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 Coverage. 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 agreement, the CONTRACTOR shall furnish certified copies of the polices and all endorsements. Page 3 of 5 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 interest 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 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. VIII. SHERIFF'S RIGHT TO EXERCISE COUNTY'S AUTHORITY. The Sheriff of San Bernardino County shall have the right to exercise COUNTY' s authority under this contract, including the right to give notice of termination of behalf of the COUNTY, at his sole discretion. IX. 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. Any amendment to this contract shall be in writing, signed by both parties. 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. Page 4 of 5 [This page is intentionally left blank.] COUNTY OF SAN BERNARDINO e Mikels, Chairman, Board of Supervisors Dated: OCT 2 4 2000 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Clerk of the. Board of Supervisors of h'dG,ounty of San Bernardino. AN BER HHRRDINO By n Counsel, by Kevin L. Norris Date 6 -(,��60 CB CONRedIBrAlco00-OI.DOC City of Redlands (Print or type name of corporation, company, c ntractor, etc.) By C Name Title Attest: (Authorized signature - sign in blue ink) Pat Gilbreath (Print or type name of person signing contract) Mayor or Type) rrie Po r City Clerk ediands _ i Department Address P.O. Box 3005 Redlands, CA 92373 Dated: September 5, 2000 Reviewed for Processing Agency Administrator/CAO. Date Page 5 of 5 Funds - 9-1-1 for Kids - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized an additional appropriation of $1,191.00 to the Police Department to fund the 9-1-1 for Kids program. These funds will be reimbursed in full by the State of California. Funds - Shoulder Tap Program Grant - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized acceptance of a State of California Department of Alcoholic Beverage Control grant (Shoulder Tap program) and authorized an additional appropriation in the amount of $7,000.00 to the Police Department to fund the program. Fee Waiver - Alzheimer's Association Memory Walk - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously waived the rental fees for barricades and a dumpster for the Alzheimer's Association Memory Walk to be conducted on October 21, 2000. Proclamation - Prostate Cancer Awareness Month - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring the month of September as Prostate Cancer Awareness Month. Proclamation - Sheriffs Rodeo 2000 - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council unanimously authorized issuance of a proclamation declaring September 29 through October 1, 2000, as the Annual Sheriffs Rodeo 2000 Weekend. Contract - Breath Alcohol Analysis Instrument - On motion of Councilmember /George, seconded by Councilmember Freedman, the City Council unanimously approved a contract with the San Bernardino County Sheriffs Department to continue services relating to the breath alcohol analysis instrument and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Resolution No. 5792 - Conflict of Interest Code - On motion of Councilmember George, seconded by Councilmember Freedman, the City Council reviewed its Conflict of Interest Code in accordance with Government Code Section 87306.5, found that amendments are necessary, and unanimously adopted Resolution No. 5792, a resolution of the City Council of the City of Redlands adopting an amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. Settlement Agreement - Loma Linda Towing - A copy of an executed settlement agreement with Leopold Wenzel, individually and doing business as Loma September 5, 2000 Page 2