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Home My WebLink About1993-391 RESOLUTION NO. 93-391 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO, 2 SHERIFF'S DEPARTMENT FOR MAINTENANCE OF A BREATH ALCOHOL INSTRUMENT. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 4 CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said city a contract with the County of San Bernardino Sheriff's Department relating to the maintenance of a breath alcohol instrument. Copies of said contract are attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above 13 referenced contract is rescinded if the parties to the agreement 14 fail to execute it within sixty (60) days of the passage of this 15 resolution. 16 I HEREBY CERTIFY that the foregoing resolution was 17 duly adopted by the Mayor and Common Council of the city of San 18 19 Bernardino at a recrular meeting thereof, held on the 21st day of October , 1993, by the following 20 vote, to wit: 21 I I I 22 III 23 III 24 III 25 III 26 III 27 JK: pg [SBPD-CONTRACT. RES] 28 93-391 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE COUNTY OF SAN BERNARDINO, 2 SHERIFF'S DEPARTMENT FOR MAINTENANCE OF A BREATH ALCOHOL INSTRUMENT. Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x fX~ u..I-/e.. City'-Clerk Th f . 1 t' . h b d thO r,r; I e orego~ng reso u ~on 1S ere y approve 1S d,,~: (, day of October , 1993. ./ )j;' '--'t;-'. .'. '1,./\ Tom Mirier, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY:~ ./ JK:pg[SBPD-CONTRACT.RES] " f:iii (- ''''i!'''~:! \~.""O'~! \~ ,.:;...-' E New Vendor Code Dept. Contract Number M Change SC A X Cancel SBR County Department Dept. Orgn. Contractor's License No. SHERIFF SBR SBR County Department Contract Representative Ph. Ext. Amount of Contract L RAY HARPER. DEPUTY CHIEF 387-3660 t3 000.00 Fund I Dept. I Organization I Appr. I ObjlRev Source Activity I GRC/PAOJ/JOB Number AAA SBR 950 9565 95095651 Commodity Code Estimated Payment Total by Fiscal Year FY Amount liD FY Amount liD Project Name 94 $2.000.00 I INTOXDfETER $1.000.00 - - 95 I MAINTENANCE - - - - - - - - FOR COUNTY USE ONL Y 93-391 County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name CITY OF SAN BERNARDINO Add,e" SAN BERNARDINO POLICE DEPARTMENT 466 WEST FOURTB STREET hereinafter called CONTRACTOR SAN BERNARDINO. CA 92401 Phone Birth Date Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) VHEREAS, CONTRACTOR has a need for supplies and services allowing it to maintain breath alcohol instruments; AND VHEREAS, COUNTY has the resources and personnel to provide these services; NOV THEREFORE, it is agreed as follows: I. COUNTY shall provide through the Sheriff's Department, services and supplies related to the operation and maintenance of breath alcohol instruments. II. The services and supplies to be provided by COUNTY to CONTRACTOR shall include: A. Instrument check lists and forms. B. In-laboratory instrument calibration and repair, of up to twenty (20) hours per fiscal year. C. Calibration parts (excluding electronic boards). D. Computer support including data up-load and storage, program download, instrument diagnostics, and generation of reports. 02.12311-000 Rev. 11/91 Page 1 of 3 ., .. 93-391 E. Expert witness testimony. F. Training of the usual equipment operation. The services and supplies to be provided by COUNTY to CONTRACTOR shall not include: A. Mouthpieces. B. Chart paper. C. Site visits for repairs and/or calibration. D. Electronic boards. III. The term of this contract shall be for a period of time commencing on July 1, 1993, and terminating on December 31, 1994. Notwithstanding the foregoing, this contract may be terminated at any time with or without cause by CONTRACTOR or by COUNTY upon written notice given to the other at least thirty (30) days before the date specified for such termination. Any such termination date shall coincide with the end of a calendar month. In the event of such termination, each party shall fully pay and discharge all obligations in favor of the other accruing prior to the date of such termination and each party shall be released from all obligations or performance which would otherwise accrue subsequent to the date of such termination. In the event of termination of this contract, the COUNTY shall refund any sum previously paid by CONTRACTOR, which when prorated represents advance payment for months of service which are not performed as a result of such termination. Neither party shall incur any liability to the other by reason of such termination. The Sheriff of San Bernardino County shall have the right to exercise COUNTY'S authority under this contract including the right to give notice of termination on behalf of the COUNTY at his sole discretion. Any and all notices required to be given hereunder shall be given in writing by registered or certified mail, postage prepaid. The addresses of the parties hereto until further notice are as follows: CONTRACTOR: City of San Bernardino Police Department 466 Vest 4th Street San Bernardino, CA 92401 COUNTY: San Bernardino County Sheriff's Department Bureau of Administration P.O. Box 569 San Bernardino, CA 92402-0569 I PAGE 2 OF 3 r ."'... 93-391 IV. In consideration for COUNTY'S furnishing of the services and supplies provided herein, CONTRACTOR shall pay the sum of $2,000.00 per instrument, in advance, per fiscal year. The first year's payment shall be due within fifteen (15) days of execution of this contract. COUNTY shall have the right to renegotiate the rate for services performed under this contract at the end of each fiscal year. CONTRACTOR shall be billed by COUNTY for second and subsequent years of this contract at the beginning of each subsequent fiscal year and payment shall be due within fifteen (15) days of the date of the billing. V. The CONTRACTOR agrees to indemnify, defend, and hold harmless the COUNTY and its authorized agents, officers, volunteers, and employees against any and all claims or actions arising from CONTRACTOR'S acts, errors, or omissions and for any costs or expenses incurred by the COUNTY on account of any claim therefore. VI. This contract represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understanding between the parties. Any amendment to this contract shall be in writing, signed by both parties. COUNTY OF SAN BERNARDINO ~ Chairman, Board of Supervisors CITY OF SAN BERNARDINO IState if corporation, company, etc.1 Dated By ~ (Authorized Signature) SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Clerk of the Board of Supervisors of the County of San Bernardino. Dated Title Address SAN BERNARDINO POLICE DEPARTKEIIT 466 WEST FOURTH STREET SAN BERNARDINO, CA 92401 By Deputy APpr";;J:!:. to ~gal Form _ ~ -_..f/ft~ County Counsel / Date ?.l. ~ I Cf~ . . Reviewed as to Affirmative Action Reviewed for Processing ~ ~ Agency Administrator/CAD Date Date 02-12311.000 Rev. 11/91 3 Page of 3