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Home My WebLink About2002 CA DOJ - Forensic ServicesBILL LOCKYER State of California - Attorney General DEPARTMENT OF JUSTICE MISSION SUPPORT BRANCH N Thomas P. Genouese, City Manager City of La Quinta P.O. Box 1504 La Quinta, Ca 92253 RE: Blood Alcohol Analysis Dear Mr. Genouese: er I 11P SE;IU CITY Of LA QUINTA CITY MANAGER'S DEPT. y Enclosed is your approved copy of Standard Agreement Number 02-210009-01 for alcohol analysis services to be performed by the Department of Justice, Bureau of Forensic Services. mto, CA 95820 (916)227-3942 (916) 227-2694 When information relative to an invoice is needed, please contact Mary Hoffman from the Mission Support Branch, Contracts Unit at (916) 227-6432. Sincere , Alc- 1 �l INA M. LITTLETON Staff Services Manager I Mission Support Branch For BILL LOCKYER Attorney General TML: mh Enclosures STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 09/01) 1. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME City of La Quinta CONTRACTOR'S NAME DEPARTMENT OF JUSTICE 2. The term of this Agreement is: July 1, 2002 through Continuous AGREEMENT NUMBER 02-210009-01 3. The maximum amount of this Agreement is: $ OPEN 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 Exhibit D — Special Terms and Conditions Pages 6 & 7 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 at-,vw-,.dgs.ca.cov/contracts IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) II DEPARTMENT OF JUSTICE BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED qME AND TITLE OF PERSON SI NING DEBORAH MERRIL, CHIEF, ACCOUNTING OFFICE ADDRESS 1300 I Street Sacramento, CA 95814 STATE OF CALIFORNIA II AGENCY NAME City of La Quinta BY (Authorized Signature) ✓//� DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING II --F)d0 4.t. A3 �. G �Nv VEST' C rry 1jjA jA6,F? ADDRESS Califomia Department of General Services Use Only ❑ Exempt per: City of La Quinta 02-210009-01 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 "DOJ" 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. 2. Terms of Agreement and Amendment Clause: The term of this Agreement shall be from July 1, 2002, and will continue until (1) written notice is received stating this agreement is cancelled; and (2) the City 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: Department of Justice Name: Mary Hoffman Phone: (916) 227-6432 Fax: 916 227-2694 Direct all inquiries to: Agency: Department of Justice Section/Unit: Mission Support Branch/Contracts Attention: Mary Hoffman Address: 4949 Broadway, Room B-229, Sacramento, Ca 95820 Phone: (916) 227-6432 Fax: 916 227-2694 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. City of La Quinta 02-210009-01 Page 3 of 7 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS Payment for Services: 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 $35.00 charged per subject tested; • Provision of 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. EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS Invoicing: City of La Quinta 02-210009-01 Page 4 of 7 DOJ shall send monthly invoices to the City noting number of tests conducted for the Police Department, La Quinta Sheriff's Office, and the California Highway Patrol within the city limits, month/year tests were conducted and total amount due to: City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Payments shall be submitted to: Department of Justice Accounting Services P. O. Box 944255 Sacramento, CA 94244-2550 The City contact person shall be: City Manager City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Telephone Number: _ City of La Quinta 02-210009-01 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.das.ca.gov/contracts. 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. City of La Quinta 02-210009-01 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 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. 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 City and DOJ employees normally responsible for the administration of this contract, shall be brought to the attention of the DOJ Contract Administrator and City Contact Person for joint resolution. The City and DOJ agree to continue to carry out all other responsibilities under this Agreement not affected by the dispute. City of La Quinta 02-210009-01 Page 7 of 7 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 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 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.