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HomeMy WebLinkAbout2000 CA DOJ - Forensic ServicesSTATE OF CALIFORNIA STANDARD AGREEMENT APPROVED BY THE CONTRACT NUMBER AM. NO. ATTORNEY GENERAL 00-210009-01 STD. 2 (REV. 5-91) TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT, made and entered into this 1 St day of Jam, 2000, in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting ATTORNEY GENERAL CITY OF LA QUINTA , hereafter called the City, and CONTRACTOR'S NAME DEPARTMENT OF JUSTICE hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations hereinafter expressed, does hereby agree to furnish to City services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) This Agreement is hereby entered into by and between the State of California, Department of Justice, hereinafter referred to as "DOX or Contractor, and the City of La Quinta, a political subdivision of the State of California, hereinafter referred to as "City", for the purpose of DOJ to provide alcohol analysis services for the City. 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 A, which by this reference, is hereby incorporated into this Agreement. Terms of Agreement and Amendment Clause. This Agreement shall be effective as of July 1, 2000. This Agreement shall terminate June 30, 2001. This Agreement may be amended in writing and not otherwise by mutual agreement of the parties hereto. CONTINUED ON 2 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER PLUS EXHIBITS A AND B. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. CITY CONTRACTOR CITY CONTRACTOR (If other than an individual, state whether a corporation, partnership, etc.) CITY OF LA QUINTA DEPARTMENT OF JUSTICE BYD(AUJH6RjZED SIG TURE) /� BY(AUTHORIZEDSIGNATURE) PRINTED NAME SIGNING 7j4TITLE �� �N ©l/�� PRINTED ARCHESIGNING MARY E NNETITLE C c ti-y MA ti ADDRESS P. O. Box 944R256 Sacramento, CA 94244-4256 AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Use Only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT Q ITEM CHAPTER STATUTE FISCAL YEAR TOOTAL AMOUNT ENCUMBERED TO DATE $ OBJECT OF EXPENDITURE (CODE AND TITLE) Ihereby certify upon my own personal knowledge that budgeted funds T.B.A. NO. B.R. NO. are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE D CONTRACTOR STATE AGENCY 1:1DEPT. OF GEN. SERV. ❑ CONTROLLER ❑ CITY OF LA QUINTA Standard Agreement 00-210009-01 Page Two Invoicing. DOJ shall send monthly invoices to the City noting number of tests conducted for the police department as well as the California Highway Patrol within the city limits, month/year tests were conducted and total amount due to: Payments shall be submitted to: City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Department of Justice Accounting Services P. O. Box 944255 Sacramento, CA 94244-2550 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 City. 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 City, 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 City to complete the work performed to date of termination. The DOJ Contract Administrator shall be: The City Contact Person shall be: CITY OF LA QUINTA Standard Agreement 00-210009-01 Page Three Denise Goodman Mission Support Branch 4949 Broadway, Room F-104 Sacramento, CA 95820 (916) 227-3635 City Manager City of La Quinta P. O. Box 1504 La Quinta, CA 92253 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Conflict with Existing Law. The Contractor and the City 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 nonapplicability 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. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or effect the validity of any other provision of this Agreement. CITY OF LA QUINTA Standard Agreement 00-210009-01 EXHIBIT A DOJ agrees to provide and the City of La Quinta agrees to pay for the following services: • Laboratory analysis of blood 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 charged per subject tested; • Provision of a breath alcohol testing program utilizing the Intoxilyzer breath instrument; • 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 Intoxilyzer breath instrument including all associated accessories and supplies; • Provide and maintain Intoxilyzer breath test instruments at established locations and new locations as caseload warrants. This service includes complete instrument repair services as required for all DOJ Intoxilyzers; • 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 (Intoxilyzer) operators to establish and maintain their proficiency as required by Title 17, California Code of Regulations.