HomeMy WebLinkAboutA4767 - DOJ POLICE JUSTICE DEPARTMENT DRUGS NARCOTICS LAB TESTING STATE OF CALIFORNIA
STANDARD AGREEMENT AGREEMENT NUMBER
STD 213(Rev 06103) 08-176-01
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
AGENCY'S NAME
CITY OF PALM SPRINGS
CONTRACTOR S NAME
CALIFORNIA DEPART11rEi NT OF TIJSTICE
2. The term of this Agreement is: July 1,2008 through Continuous
3. The maximum amount of this Agreement is: $25,000.00 per year
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made
a part of the Agreement.
Exhibit A—Scope of Work page 2
Exhibit B— Budget Detail and Payment Provisions pages 3 &4
Exhibit C*—General Terms and Conditions page 5
Check mark one item below as Exhibit D:
eExhibit-D Special Terms and Conditions (Attached hereto as part of this Agreement) pages 6 &7
Exhibit-D*Special Terms and Conditions
Exhibit E—Additional Provisions
Items shown with an Asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed atanew.ols.das.ca.aov/Simidaid+Laneuaec(GTC 307)
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR'S NAME(if other than an Individual,state whether a corporation,partnership,etc.)
CALIFORNIA DEPARTMENT OF TUSTTCE
BY(Authorized Signatul'L) D DATE SIGNED(Donol rypd)
PRINTED NAME AND TITLE OF PERSON SIGNING
DEBORAH M11 RRILL, CIF,.Accounting,Office
ADDRESS
13001 Street
Sacramento, CA 95814
AGENCY
AGENCY NAME
CITY OF PALM SPRINGS
BY(AuthonrgQ Signature) DATE SIGNED(D dwI npP)
PRINTED NAME AND TITLE Off. SIGNING ❑ Exempt per:
'DAVID H. READY, CITY MANAGER
^ADDRESS
200 S. Civic Drive
Palm S'nrinae f A 977fi7
Page 2 of 7
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Department of Justice (DOJ) agrees to provide to the Agency as described herein:
This Agreement is hereby entered into by and between the State of California,
Department of Justice, hereinafter referred to as "DOY or Contractor, and the City of
Palm Springs, a political subdivision of the State of California, hereinafter referred to
as "Agency", for the purpose of DOJ to provide alcohol analysis services for the
Agency.
2. Terms of Agreement and Amendment Clause:
The term of this Agreement shall be from July 1, 2008, and will continue
until (1) written notice is received stating this agreement is cancelled; and (2) the
Agency discontinues requesting the services. This Agreement may be amended
in writing and not otherwise by mutual agreement of the parties hereto.
3. The project representatives during the term of this Agreement will be:
AGENCY CONTRACTOR
Name: David G. Dominguez Alcohol Billing Coordinator
Phone: 760 323-8126 916 227-3791
Fax: 760 323-8173 916 227-3619
Direct all inquiries to:
AGENCY CONTRACTOR
A enc : City of Palm Springs Department of Justice
Section/Unit: Police Department BFS / DUI EPAS Unit
Attention: Chief Dominguez Alcohol Billing Coordinator
Address: 200 S. Civic Drive 4949 Broadway, Rm. F104
City/State/Zip: Palm Springs, CA 92262 Sacramento, CA 95820
Phone: (760) 323-8126 (916) 227-3791
Fax: David.Dominguez@palmsprings-- (916) 227-3619
ca. ov
Email (760) 323-8173 aicohol.billing@doj.ca.gov
4. Responsibilities of DOJ:
Services shall be provided by the laboratories of the Bureau of Forensic
Services, California Department of Justice, and shall be in accordance with
Exhibit S, which by this reference, is hereby incorporated into this Agreement.
Page 3 of 7
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Payment for Services_;
DOJ agrees to provide and the City of Palm Springs agrees to pay for the
following services:
• Analysis of blood, breath, and urine samples for alcohol. The City of Palm
Springs shall not be liable for charges in excess of $25,000.00 per fiscal year. If
the $25,000.00 limit is reached forensic alcohol analysis services shall be
suspended until the first day of the next fiscal vear.The cost of drug analysis in
addition to alcohol, when available, will be included as part of the uniform fee set
forth below;
• Provision of breath alcohol testing program utilizing approved breath testing
instrument(s);
• Upon request, blood and urine sample containers, envelopes and mailers as
normally provided by DOJ;
• Administrative and logistical support of field breath alcohol tests utilizing the
breath instrument including all associated accessories and supplies;
• Provide and maintain breath test instruments at established locations and new
locations as caseload warrants. This service includes complete instrument repair
services as required;
• Consultation and expert testimony on the technical aspects of all analysis
performed including the interpretation of the results relative to driving impairment
on cases analyzed by DOJ; and
• Training and retraining of certified breath test instrument operators to establish
and maintain their proficiency as required by Title 17, California Code of
Regulations.
All of the foregoing services, where necessary, shall be provided by DOJ to the
Location for an all-inclusive uniform fee of $35.00 per subject tested. This
contract shall apply to all subjects arrested within the City of Palm Springs for
violation of 23152 CVC, 23153 CVC, 23103 CVC, and 23104 CVC. These
violations are associated with penalty assessments for laboratory analysis
services as specified in the California Penal Code, section 1463.14.
Page 4 of 7
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Invoicing:
DOJ shall send monthly invoices to the Agency noting number of tests
conducted, month/year tests were conducted and total amount due to:
Palm Springs Police Department
Chief David Dominguez
200 S. Civic Drive
Palm Springs, CA 92262
Payments shall be submitted to:
Department of Justice
Accounting Services
P. O. Box 944255
Sacramento, CA 94244-2550
Page 5 of 7
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
PLEASE NOTE: The General Terms and Conditions will be included in the Agreement
by reference to Internet site: www.ols.dgs-ca.gov/Standard+Language- Please read the
terms and conditions that are applicable to this Agreement by accessing the above-
referenced website. (Please note that there may be several different versions of the
Terms and Conditions on the website. Refer to page one of this Agreement to find the
date and number of the Terms and Conditions that are applicable to this Agreement).
By signing this Agreement you are agreeing to be bound by these Terms and
Conditions.
If you do not have access to the Internet, please contact the Department of
Justice contact person listed in Exhibit A of this Agreement and a copy of the
General Terms and Conditions will be sent to you.
Page fi of 7
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
Examination and Audit:
The Contractor parties of this Agreement shall be subject to the examination and
audit of the State of California, Bureau of State Audits and the Department of Justice,
Internal Control and Audits Program for a period of three (3) years after final payment
under the terms and conditions to those matters connected with the performance of this
Agreement, including, but not limited to, the costs of administering this Agreement.
Termination:
Either party may terminate this Agreement by giving the other party thirty (30)
days written notice to the effective date of such termination. DOJ may terminate the
performance of services under this Agreement in accordance with this clause in whole
on thirty (30) days written notice to the Agency.
Whenever payment has not been received for services rendered within 90 days
of invoice date, DOJ shall no longer perform services referenced on Exhibit A until all
outstanding invoices have been paid in full.
After such receipt of a notice of termination and except as otherwise directed by
the DOJ, services provided under this Agreement shall stop on the date and to the
extent specified in the notice of termination.
In the event this Agreement is terminated by the Agency, DOJ shall be
compensated for services completed to the date of termination based upon the
compensation rates, together with such additional services performed after termination
which are authorized by the Agency to complete the work performed to date of
termination.
Disputes:
Any dispute concerning a question of fact arising under the terms of this
Agreement, which is not disposed of within a reasonable period of time by the Agency
and DOJ employees normally responsible for the administration of this contract, shall be
brought to the attention of the DOJ Contract Administrator and Agency Contact Person
for joint resolution. The Agency and DOJ agree to continue to carry out all other
responsibilities under this Agreement not affected by the dispute.
Disputes shall be submitted in writing to DOJ. When the accuracy of a reported
arrest location is in question, the Agency shall obtain the correct location of arrest from
the arresting agency.
Page 7 of 7
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
Conflict with Existing Law:
The Contractor and the Agency agree that if any provision of this Agreement is
found to be illegal or unenforceable, such term or provision shall be deemed stricken
and the remainder of this Agreement shall remain in full force and effect. Either party
having knowledge of such terms or provision shall promptly inform the other of the
presumed non-applicability of such provision. Should the offending provision go to the
heart of this Agreement, this Agreement shall be terminated in a manner commensurate
with the interest of both parties, to the maximum extent reasonable.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
Validity:
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
THIS AGREEMENT IS OF NO FORCE AND EFFECT UNTIL SIGNED BY BOTH
PARTIES AND ALL APPROVALS ARE SECURED.
STATE&CALIFORNIA
STANDARD AGREEMENT AGREEMENT NUMBER
STD 213(Rev 06103)
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
AGENCY'S NAME
CITY OF PALM SPRINGS
CONTRACTORS NAME
CALIFORNIA DEPARTMENT OF JUSTICE
2. The term of this Agreement is: through Continuous
3. The maximum amount of this Agreement is: 5 OPEINIot To Exceed $ .6v d4
Without The Express
4. The parties agree to comply with the terms and conditions of the fallowing exhiblts,44LW443 1911 r reRkknFdRY
a part of the Agreement. Manager,
Exhibit A--Scope of Work page 2
Exhibit B --Budget Detail and Payment Provisions pages 3 &4
Exhibit C`— General Terms and Conditions page 5
Check mark one item below as Exhibit D:
Exhibit- D Special Terms and Conditions (Attached hereto as part or this Agreement) pages 6 & 7
Exhibit- D" Special Terms and Conditions
Items shown with an Asterisk O, are hereby Incorporated by reference and made part of thts agreement as if attached hereto.
These documents can be viewed at www ols des.ca aov/standard+Loneuaec
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
services Use Only
CONTRACTOR'S NAMC(if other than an Individual,Jfafe whether a corpura6ou,partnership etc)
CALIFORNIA DEPARTMENT OF JUSTICE
BY(Authortzed Signature) DATE SIGNEO(Do nor rype)
PRINTED NAME AND TITLE OF PERSON SIGNING
DEBORAI--I MERRILL, CHIEF, Accounting Office
ADDRESS
1300 1 Street
Sacramento, CA 95814
AGENCY
AGENCY NAME
ooze s� natfrlE l DATE SIGNED(On nI 1ypr)
PRINTED NAME AND T�IT RSON SIGNING ❑ Exempt per.
ADDRESS
Page 2 of 7
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Agency agrees to provide to the Department of Justice (DOJ) as described herein:
This Agreement is hereby entered into by and between the State of California,
Department of Justice, hereinafter referred to as "DOS' or Contractor, and the City of
Palm Springs, a political subdivision of the State of California, hereinafter referred to
as "Agency", for the purpose of DOJ to provide alcohol analysis services for the
Agency.
2. Terms of Agreement and Amendment Clause:
The term of this Agreement shall be from [Date], and will continue until (1)
written notice is received stating this agreement is cancelled; and (2) the Agency
discontinues requesting the services. This Agreement may be amended in
writing and not otherwise by mutual agreement of the parties hereto.
3. The project representatives during the term of this Agreement will be:
w AGENCY CONTRACTOR
Name: Marisa Kolm
Phone: (916) 319-8251 _
Email: marisa.kolm do'.ca.gov
Fax: 916 319-9428
Direct all inquiries to:
AGENCY CONTRACTOR
A enc : _Department of Justice
Section/Unit: MSB/Research Unit
Attention: Marisa Kolm
Address: P. O. Box 161089
Cit /State/Zi Sacramento, CA 95816-1089
Phone: _ 916 319-8251
Email marisa.kolm@doj.ca.gov
Fax: 916 319-9428
4. Responsibilities of DOJ:
Services shall be provided by the laboratories of the Bureau of Forensic
Services, California Department of Justice, and shall be in accordance with
Exhibit B, which by this reference, is hereby incorporated into this Agreement.
Page 3 of 7
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Payment for Services:
DOJ agrees to provide and the City of Palm Springs agrees to pay for the
following services:
• Analysis of blood, breath, and urine samples for alcohol. The cost of drug
analysis in addition to alcohol, when available, will be included as part of the
uniform fee of $35.00 charged per subject tested. This contract shall apply and
be limited to all subjects arrested within the City of Palm Springs for violations of
23152 CVC, 23153 CVC, 23103 CVC, and 23104 CVC. These violations are
associated with penalty assessments for laboratory analysis services as specified
in the California Penal Code, section 1463.14:
• Provision of breath alcohol testing program utilizing approved breath testing
instrument(s);
• Upon request, blood and urine sample containers, envelopes and mailers as
normally provided by DOJ;
• Administrative and logistical support of field breath alcohol tests utilizing the
breath instrument including all associated accessories and supplies;
• Provide and maintain breath test instruments at established locations and new
locations as caseload warrants. This service includes complete instrument repair
services as required;
• Consultation and expert testimony on the technical aspects of all analysis
performed including the interpretation of the results relative to driving impairment
on cases analyzed by DOJ; and
• Training and retraining of certified breath test instrument operators to establish
and maintain their proficiency as required by Title 17, California Code of
Regulations.
Page 4 of 7
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Invoicing:
DOJ shall send monthly invoices to the Agency noting number of tests
conducted, month/year tests were conducted and total amount due to:
Payments shall be submitted to:
Department of Justice
Accounting Services
P. O. Box 944255
Sacramento, CA 94244-2550
Page 5 of 7
EXHIBIT C
(Standard Agreement)
GENERAL TERMS AND CONDITIONS
PLEASE NOTE: The General Terms and Conditions will be included in the Agreement
by reference to Internet site: www.ols.dgs.ca.gov/Standard+Lanquage. Please read the
terms and conditions that are applicable to this Agreement by accessing the above-
referenced website. (Please note that there may be several different versions of the
Terms and Conditions on the website. Refer to page one of this Agreement to find the
date and number of the Terms and Conditions that are applicable to this Agreement).
By signing this Agreement you are agreeing to be bound by these Terms and
Conditions.
If you do not have access to the Internet, please contact the Department of
Justice contact person listed in Exhibit A.of this Agreement and a copy of the
General Terms and Conditions will be sent to you.
Page 6 of 7
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
Examination and Audit:
The Contractor parties of this Agreement shall be subject to the examination and
audit of the State of California, Bureau of State Audits and the Department of Justice,
Internal Control and Audits Program for a period of three (3) years after final payment
under the terms and conditions to those matters connected with the performance of this
Agreement, including, but not limited to, the costs of administering this Agreement.
Termination:
Either party may terminate this Agreement by giving the other party thirty (30)
days written notice to the effective date of such termination. DOJ may terminate the
performance of services under this Agreement in accordance with this clause in whole
on thirty (30) days written notice to the Agency.
Whenever payment has not been received for services rendered within 90 days
of invoice date, DOJ shall no longer perform services referenced on Exhibit A until all
outstanding invoices have been paid in full.
After such receipt of a notice of termination and except as otherwise directed by
the DOJ, services provided under this Agreement shall stop on the date and to the
extent specified in the notice of termination.
In the event this Agreement is terminated by the Agency, DOJ shall be
compensated for services completed to the date of termination based upon the
compensation rates, together with such additional services performed after termination
which are authorized by the Agency to complete the work performed to date of
termination.
Disputes:
Any dispute concerning a question of fact arising under the terms of this
Agreement, which is not disposed of within a reasonable period of time by the Agency
and DOJ employees normally responsible for the administration of this contract, shall be
brought to the attention of the DOJ Contract Administrator and Agency Contact Person
for joint resolution. The Agency and DOJ agree to continue to carry out all other
responsibilities under this Agreement not affected by the dispute.
Disputes shall be submitted in writing to DOJ. When the accuracy of a reported
stop location is in question, the Agency shall obtain the correct location of arrest from
the arresting agency.
i
Page 7 of 7
EXHIBIT D
(Standard Agreement)
SPECIAL. TERMS AND CONDITIONS
Conflict With Existing Law:
The Contractor and the Agency agree that if any provision of this Agreement is
found to be illegal or unenforceable, such term or provision shall be deemed stricken
and the remainder of this Agreement shall remain in full force and effect. Either party
having knowledge of such terms or provision shall promptly inform the other of the
presumed non-applicability of such provision. Should the offending provision go to the
heart of this Agreement, this Agreement shall be terminated in a manner commensurate
with the interest of both parties, to the maximum extent reasonable.
Governing Law;
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
Validity:
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
THIS AGREEMENT IS OF NO FORCE AND EFFECT UNTIL SIGNED BY BOTH
PARTIES AND ALL APPROVALS ARE SECURED.
SEP-04-,63 THU 01 :42 PM PSPD ADMINISTRATION FAX:7603238173 PAGE 3
STATE OF CN.IFORNIA
STANOIARD AGREEMENT AMENDMENT
STD 213 A(Ray&03)
CHECWPWRI+�'�DITIONAL PAGES ARE ATTACHED 1 Pagcs AGREEMENT NUMBER AMENDMENTNUMSEPI
CITY� N 00-CA0331.100TOX- AM-1
CITY OF PALM SPRINGSb0
BOX 2743 REGISTRATION NUMBER
PALM SPRINGS,CA Wcffl,
1. This _,etween the State Agency_-and Gantra— to named named below:
_ reement is entered into b _
STATE AGENCY'S NAME
Palm Springs Police Department
OONTRACTOR'SNAME DOJ — Police
DepartmentofJustice _ Alcohol Drug Analysis
2. The term of this AGREEMENT #4767
Agreement is _October 1,2003 throuah _ Continuous M07418, 9-11-03
Q
3. The maximum amount of this $Open
Agreement after this amendment is:
4. The parties mutually agree to this amendment as follows. All actions noted below are b this reference made a
p Y 9 Y part
of the Agreement and incorporated herein;
As of October 1, 2003,fees for 11550 drug testing will increase. See attached for new pricing. All other terms
and conditions will remain the same.
AV'PROVED AS TO FORML;i1V'` I�
4J
_ 60rill
P N( 9-
-)ate . -----------_._..._
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CALIFORNIA
CONTRACTOR Department of General Sarvtcea
Use Only
CONTRACTORS NAMEFfl arher then an in7V dua),State Whethera w1porallon,partnership,e1c.)
Department of Justice
BY(Authorized S( tore) DATE SIGNED(Donal type)
PRINTED NAM AND TITLE OF PERSON SIGNING
Deborah Merrill., Chief_, Accounting Office
ADDRESS
1300 I Sheet
Sacramento CA 95814
STATE OF CALIFORNIA
AGENCY NAME
Paint Springs Police Department
BY(Aulhorired Signature) DATE SIGNED(Do not typo)
PRINTED NAME AND TITLE OF PERSONIP El Exempt per.
David H. Ready, Ctty Mana �
ADDRESS
At st:
_ I
City Clerk
C413JOR ACRE i I G°-� ?� -7 Y
SEP-0413 jHu 01 :42 PM PSPD ADMINISTRATION FAX:7603238173 PAGE 4
Attachmentl, Page 1 of I
TOXICOLOGY FEESCHEDULE
The service provides drug screening and confirmation of positive results upon request. Travel and
testimony regarding the results of the analysis shall be provided at no cost. All court appearances
shall inquire confirmation,
The services will include a postage paid, Business Reply Mail specimen collection kit(urine or
blood) addressed to the Toxicology laboratory, which will be made available to the Agency upon
request. Please call the laboratory at (916) 227-3620 or fax (916) 227-4751 to request the kits.
Fee rates: All submissions will be billed according to the box checked. If no box is checked,
selection 91_($17.00 Screen 6 Drug Panel only) will apply. All court appearances shall regitire
confirmation.
l. ❑ $17 Screen 6 Drug Panel Positive Screen Cutoff
(Blood/Urine Screen)
11550 H&S Cocaine 150ng/mi
11550 H&S Metbamphetamine 100ng/ml
11550 H&S Opiates IOng/ml
11550 U&S Phencyclidine long/nil
Marijuana 30ng/ml
Renzodiazepines 100ng/uil
2. ❑ $35 Screen 6 Drug Panel/Confirm 1 of 4(1.1550 Related drug
classes,Price Includes Metabolites)
3. ❑ $55 Screen 6 Drug Panel/Confirnn 4(11550 Related Drug
Classes,Price Includes Metabolites)
4. $20* GC/MS Confirmation,11550 H&S Drug Class
(Any drug except marijuana or benzodiazepines. Per Drug
Class, Price Includes Metabolites)
5. $45* Marijuana or benzodiazepines, GC/MS Confirmation
(Per Drug Class, Price Includes Metabolites)
6. $54* Comprehensive Qualitative Analysis, GC/MS
Confirmation (180 Drugs Included,Price Includes
Metabolites)
7. $110* Quantitative analysis
(Per Drug Class,Price Includes Metabolites)
*Items 4-7 do not include screen cost.
8. $70 LSD Screen Screen only, confirmation not available, call laboratory 4