STATE OF CALIFORNIA
STANDARD AGREEMENT AGREEMENT NUMBER
STD 213 (Rev 06/03) 09-158-01
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
AGENCY'S NAME
CITY OF RIVERSIDE
CONTRACTOR'S NAME
CALIFORNIA DEPARTMENT OF JUSTICE
2. The term of this Agreement is: March 1, 2009 through Continuous
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
Check mark one item below as Exhibit D:
Exhibit-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 at www.ols.dgs.ca.gov/Standard+ Language (GTC 307) IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
CONTRACTOR alifornia Department of Genera
ervices Use Onl
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership. etc.)
CALIFORNIA DEPARTMENT OF JUSTICE
BY (Authorized Signature) [DATE SIGNED(1)e not type)
AUG 2 5 2009
лана
PRINTED NAME AND TITLE OF PERSON SIGNING
DEBORAH MERRILL, CHIEF, Accounting Office
ADDRESS
1300 I Street
Sacramento, CA 95814
AGENCY
AGENCY NAME
CITY OF RIVERSIDE
BY (Authorized-Signature) DATE SIGNED (Do not type)
Ton alalar 8-6-09
PRINTED NAME AND TITLE OF PERSON SIGNING • Exempt per:
JOHNADELAPOSA ASSISTANT CHASTrOVED STO FOrM
ADDRESS
City Attorney's Office
By
Deputy City Attorney
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
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 "DOJ" or Contractor, and the City of Riverside, 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.
Terms of Agreement and Amendment Clause:
The term of this Agreement shall be from March 1, 2009, 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: Karen AQUINO Alcohol Billing Coordinator
Phone: 951-826-5870 (916) 227-3791
Fax: 951-826-5360 (916) 227-3619
Email [email protected]
Direct all inquiries to:
AGENCY CONTRACTOR
Agency: Riverside Police Dept Department of Justice
Section/Unit: Management Services BFS / DUI EPAS Unit
Attention: Vivian Widman Alcohol Billing Coordinator
Address: 4102 Orange St 4949 Broadway, Rm. F104
City/State/Zip: Sacramento, CA 95820
Phone: Si 491= S20 CA 93,50L (916) 227-3791
Fax: 951-826-5360 (916) 227-3619
Email [email protected]@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 B, which by this reference, is hereby incorporated into this Agreement.
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Payment for Services:
DOJ agrees to provide and the City of Riverside 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 Riverside 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 instruments);
• 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.
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:
Riverside Police Department
4102 Orange Street
Riverside, CA 92501 AHn: Vivian Widman
Payments shall be submitted to:
Department of Justice
Accounting Services
P. O. Box 944255
Sacramento, CA 94244-2550
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.
GTC 307
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the Statc, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of ny payments should the Contractor fail to perform the requirements of this Agreement at th me and in the manner herein provided. In the event of such termination the State may procee with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
9. RECYCLING CERTIPICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body reccives, cither through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shail be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Scction 11200 in accordance with Pub. Contract Code §10353.
S:IADMINIHOMEPAGEIGTC-307.doc
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 emplovees 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. stop location is in question, the Agency shall obtain the correct location of arrest from the arresting agency.
•
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.