STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03)
I CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 6 Pages | AGREEMENT NUMBER AMENDMENT NUMBER 09-158-01 1
REGISTRATION NUMBER
215158
1. TrAtE Aers nt is entered into between the State Agency and Contractor named below:
CITY OF RIVERSIDE
CONTRACTOR'S NAME
CALIFORNIA DEPARTMENT OF JUSTICE
2. The term of this Termination per
Agreement is unchanged through Exhibit D
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 by this reference made a part of the Agreement and incorporated herein:
Changes have been made to 'Exhibit A, SCOPE OF WORK', 'Exhibit B, BUDGET DETAIL AND PAYMENT PROVISIONS', and 'Exhibit D, SPECIAL TERMS AND CONDITIONS' of our existing forensic alcohol contract with your agency. The updated Exhibits A, B, and D will replace existing exhibits and are attached. (note: In the updated 'Exhibit B, BUDGET DETAIL AND PAYMENT PROVISIONS', a reference is made to 'Exhibit E. 'Exhibit E, ADDITIONAL PROVISIONS' has not been modified with this amendment. Please refer to existing 'Exhibit E, ADDITIONAL PROVISIONS' as necessary).
Due to the standardized language used on this STD. 213A form, we clarify the following:
References on this page to 'State Agency', 'State Agency's Name', and 'Agency Name' shall refer to our Client Agency (e.g. County of, Sheriff's Office, Police Department, District Attorney's Office...etc.). The signature section on this page labeled as 'STATE OF CALIFORNIA' shall be considered re-labeled as 'Client Agency'.
References on this page to 'Contractor' or 'Contractor's Name' shall refer to the California Department of Justice.
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 Services
Use Only
CONTRACTOR'S NAME (If other than an individual, state whether a corporation, partnership, etc.)
CALIFORNIA DEPARTMENT OF JUSTICE
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
CHRIS RYAN, CHIEF, DIVISION OF OPERATIONS
ADDRESS
1300 I Street
Sacramento, CA 95814
STATE OF CALIFORNIA
AGENCY NAME
CITY OF RIVERSIDE
BY (Authorized Signature) DATE SIGNED (Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING • Exempt per:
EDWARD ENRIQUEZ, INTERIM CITY MANAGER
ADDRESS
3900 Main Street Riverside, CA 92522
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 and/or drug analysis of urine, blood, or breath evidence for the Agency.
Terms of Agreement and Amendment Clause:
The term of this Agreement shall be from the date the agreement is accepted and signed, and will continue until terminated as provided in Exhibit D hereto. This Agreement may be amended in writing and not otherwise by mutual agreement of the parties hereto.
The project representatives during the term of this Agreement will be:
AGENCY CONTRACTOR
Name: Brandi Becker Alcohol Billing Coordinator
Phone: (951) 826--5521 (916) 227-3791
Fax: )
Email: [email protected] [email protected] Direct all inquiries to:
AGENCY CONTRACTOR
Agency: CITY OF RIVERSIDE Department of Justice
Section/Unit: BFS / Forensic Alcohol
Program
Attention: Victor Garcia Alcohol Billing Coordinator
Address: 10540 Magnolia Avenue 4949 Broadway, Rm. F126
City/State/Zip: Riverside, CA 92505 Sacramento, CA 95820 Phone: (951) 826-2263 (916) 227-3791
Fax:
Email: [email protected] [email protected] 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 suspected of containing alcohol. The cost of drug analysis, if available and applicable, in addition to alcohol testing, will be included as part of the uniform fee set forth below;
• Analysis of blood and urine samples suspected of containing drugs but purported to be free of alcohol;
• In the event oral fluid becomes an approved medium for the testing of samples suspected of containing drugs, DOJ will implement an oral fluid program and provide testing services.
• Provision of breath alcohol testing program utilizing approved breath testing instruments); • Upon request, provide DOJ-approved blood and urine sample containers, envelopes and mailers;
• Administrative and logistical support of field breath alcohol tests utilizing DOJ supplied/supported breath instruments, including all associated accessories and supplies; • Provide and maintain DOJ supplied/supported 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 or those appropriately conducted with DOJ-supplied/supported breath test instruments;
• 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, as determined by DOJ, shall be provided by DOJ to the Agency. Except as set forth in the next succeeding sentence, this contract shall apply to all subjects arrested within the City of Riverside, regardless of arresting agency, for any driving/boating under the influence violations. Subjects arrested in the circumstances specified in Exhibit E will be excluded. An all-inclusive uniform fee of $35.00 per subject tested will be collected for violations of 23152 cvc, 23153 сс, 23103 cvc, 23104 cvc, and 23105 cvc as specified in the California Penal Code, section 1463.14. • Breath test instruments meeting DOJ requirements may be provided by the Agency.
Agency-provided instruments will be fully supported (maintenance/repair, consumables, and networking) and fees will be collected as described above
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
Attn:
4102 Orange Street
Riverside, CA 92501
Payments shall be submitted to:
Department of Justice
Accounting Services
P.O. Box 944255
Sacramento, CA 94244-2550
OUTSTANDING ACCOUNTS RECEIVABLE RECOVERY CLAUSE*
Pursuant to Government Code Section 11255, departments that provide services to another department may recover outstanding receivables by initiating a Transfer Request (TR) with the State Controller's Office (SCO) to transfer funds from the debtor department. This option will be used on a limited basis and only when the following conditions are met: (1) the invoice was not paid by the requested due date, (2) non-payment provisions are included in the Interagency Agreement between the departments, (3) the invoice has not been disputed, and (4) a 30-day notice has been provided to the debtor department that a transfer of funds will be initiated for non-payment.
In compliance with Government Code section 11255, provide the appropriation information below:
Agency Name
Interagency Agreement Number
Contact Person & Telephone Number
Fund Number
Sub Fund
Organization Code
Fiscal Year
Reference
Category
Program
*For State of California Agencies only (e.g. CA Highway Patrol, CA. Dept. of Fish and Wildlife, CA Dept. of Corrections...etc.)
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 may decline (without notice) to 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.
Disputes pertaining to the accuracy of a reported arrest location should be submitted in writing by emailing them directly to [email protected] within 90 days of the original invoice date. It is the Agency's responsibility to obtain the correct traffic stop location, including the street name and nearest cross street (with direction of travel if available) from the arresting agency, and to provide that information as part of the formal dispute. To address your dispute, the accurate traffic stop location will be used by DOJ to determine responsibility for charges related to DUI testing.
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. 'hould the offending provision go to the heart of this Agreement, this Agreement shall b terminated in a manner commensurate with the interest of both parties, to the maximum exten 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.
CITY OF RIVERSIDE SIGNATURE ADDENDUM
Document: Participation Addendum
ATTESTED BY:
By:_
City Clerk
APPROVED AS TO FORM:
By: I Loud
Deputy City Attorney
CAO File Number 314418