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Home My WebLink About18- Police CITY OF SAN BER DINO - REQUEST I �)R COUNCIL ACTION Daniel A. Robbins Subject: Contract with the County of From: Chief of Police San Bernardino Sheriff ' s Police Department for Maintenance of Dept: a breath alcohol instrument Date: 9-16-93 Synopsis of Previous Council action: None Recommended motion: Adopt resolution 1 Signature Contact person: Sergeant Jenifer Kauffman Phone: 384-5735 Supporting data attached: yes Ward: all office of Traffic Safefy rant FUNDING REQUIREMENTS: Amount: s2 , 00n _Source: - - 44� Finance;1 Council Notes: 75-0262 Agenda Item No. CITY OF SAN BERN. ADINO - REQUEST F,,- R COUNCIL ACTION STAFF REPORT In May of 1993 , the San Bernardino Police Department acquired an Intoximeter IR3000/B-1, model intoxilyzer. The machine was paid for with funding from Grant #PT9315 issued by the Office of Traffic Safety to the San Bernardino Police Department on October 1, 1992 . The purpose of the grant is to make the streets of our City safer through enforcement of seatbelt and driving under the influence laws. Since the closing of the Central Jail, the only machine available for breath testing for suspects is located at the West Valley Detention Center which is about a thirty (30) minute drive. This delay causes numerous problems in the management of the patrol force. The contractual fees, in the amount of $3, 000 for an 18-month period, will be paid for with grant monies. The contract will allow us to operate the instrument through the San Bernardino County Sheriff's Department computer. The County will provide calibration of the instrument, up to 20 hours of repair, instrument check lists and forms, training of the usual equipment operation and expert witness testimony. 75-0264 RESOLUTION NO. 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 SECTION 1. The Mayor is hereby authorized and 6 directed to execute on behalf of said City a contract with the 7 County of San Bernardino Sheriff's Department relating to the 8 maintenance of a breath alcohol instrument. Copies of said 9 contract are attached hereto, marked Exhibit "A" and 10 incorporated herein by reference as fully as though set forth at 11 length. 12 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 Bernardino at a meeting thereof, held on the 19 day of 1993 , by the following 20 vote, to wit: 21 22 23 24 25 26 27 JK:pg[SBPD-CONTRACT.RES] 28 j 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 4 Council Members: AYES NAYS ABSTAIN ABSENT 5 NEGRETE 6 CURLIN 7 HERNANDEZ 8 OBERHELMAN 9 DEVLIN 10 POPE-LUDLAM 11 MILLER 12 13 14 City Clerk 15 16 The foregoing resolution is hereby approved this 17 day of , 1993 . 18 19 Tom Minor, Mayor 20 City of San Bernardino 21 Approved as to form and legal content: 22 JAMES F. PENMAN, 23 City Attorney 24 25 By: 26 27 28 JK:pg[SBPD-CONTRACT.RES] FOR COUNTY USE ^'VLY E jW Vendor Code L i Contract Number M Change X Cancel SC c('` SH A n I County Department Dept. Orgn. Contractor's License No. I SHERIFF SHR SHR County Department Contract Reoresentative Ph. Ext. Amount of Contract L RAY HARPER, DEPUTY CHIEF 387-3660 $3,000.00 County of San Bernardino Fund Dep t.g zation Appr. ObjiRev Source Activity GRC!PROJ:JOB Number F A S AAA SHR 950 9.565 9509565I Commodity Code Estimates Payment Total by Fiscal Year STANDARD CONTRACT I FY Amount I'D FY Amount I/D ~ Proiect Name 94_ $2,000.00 I — INTO%IMETER 95 $1,000.00 I _ MAINTENANCE I 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__ hereinafter called CONTRACTOR Address SAN BERNARDINO POLICE DEPARTMENT 466 WEST FOURTH STREET SAN BERNARDINO, CA 92401 Phone Birth Date Federal ID No or social Security No. IT IS HEREBY AGREED AS FOULOWS: (Use space below ano addrtiona'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.) WHEREAS, CONTRACTOR has a need for supplies and services allowing it to maintain breath alcohol instruments; AND WHEREAS, COUNTY has the resources and personnel to provide these services; NOW 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. 11 191 Page 1 of 3 _ l 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 West 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 PAGE 2 OF 3 f 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. "OUNTY OF SAN BERNARDINO ► CITY OF SAN BERNARDINO Chairman, Boaru of Supervisors (State if corporation, company, etc.) Dated By ► (Authorized Signature; SIGNED AND CERTIFIED THAT A COPY OF THIS Dated DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. Title Clerk of the Board of Supervisors of the County of San Bernardino. Address SAN BERNARDINO POLICE DEPARTMENT 466 WEST FOURTH STREET By SAN BERNARDINO, CA 92401 Deputy Approved s to L Form ` Reviewed as to Affirmative Action Reviewed for Processing County Counsel .Agency Administrator ICAO i Date W-Z f �3 Date Date