HomeMy WebLinkAboutAgenda Report - November 17, 2021 C-14AGENDA ITEM
C-14
CITY OF II ,ODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing Chief of Police to Execute Agreement for Alcohol
and/or Drug Analysis between the California Department of Justice and City of Lodi
MEETING DATE: November 17, 2021
PREPARED BY: Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing Chief of Police to execute agreement
for alcohol and/or drug analysis between the California Department
of Justice and City of Lodi.
BACKGROUND INFORMATION: In early 2019, the Bureau of Forensic Services (BFS) began
updating its standard contract for DUI analysis services in order to
adapt to changes in the Vehicle Code as well as to the increase in
drug -only DUI (DUID) cases.
The amended language allows California Department of Justice laboratories to commence drug analysis
immediately when no alcohol content is suspected, thus bypassing the otherwise -required testing for
alcohol. This change will streamline the analytical process, minimize turn -around times, and decrease
backlogs.
The agreement does not have a set term or financial limit language that necessitates review and
approval by the City Council.
FISCAL IMPACT: Contract costs included in the 21/22 budget.
FUNDING AVAILABLE: Administration Misc. Professional Services (10030001.72450)
Signature: Q � %(�
Email: akeys@lodi.gov
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Sierra Brucia
Chief of Police
Signature:
5 ie (Nov 9, 202111:27 PST)
Email: sschwabauer@lodi.gov
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
STATE OF CALIFORNIA
STANDARD AGREEMENT AMENDMENT
STD. 213 A (Rev 6/03)
❑✓ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 6 Pages AGREEMENT NUMBER
08-284-01
REGISTRATION NUMBER
215284
AMtNUMENINUMBtK
This Agreement -is -entered -into -between -the -State -Agency -and Contractor named below:---
STATE
elow:-STATE AGENCY'S NAME
CITY OF LODI
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
ent 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, Sheriffs 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.
CONTRACTOR
CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.)
CALIFORNIA DEPARTMENT OF JUSTICE
BY (Authorized Signature)I DATE SIGNED (Do not type)
.e5
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
Lodi Police Department
BY (Authorized Signature) DATE SIGNED (Do not type)
A5 S 11.6-:- �-z3-zf
PRINTED NAME AND TITLE OF PERSON SIGNING
Sierra Brucia, Chief of Police, Lodi Police Department
ADDRESS
215 W. Elm Street Lodi, CA 95240 Approved as to Form:
JANICE D. MAGDICH
City Attorney
Department of General Services
Use Only
❑ Exempt per:
Page 2 of 6
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 LODI, 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. - - - - -
2. 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: V I yl
Alcohol Billing Coordinator
Phone: (20 -
(916) 227-3791
Fax: ( )
cS Dl�" C/ l CSS
Email: e (@ I 1W, z
alcoholbillin do'.ca. ov
U
Direct all inquiries to:
R
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.
AGENCY
CONTRACTOR
Agency:
CITY OF LODI
Department of Justice
Section/Unit-
cS Dl�" C/ l CSS
BFS / Forensic Alcohol
Program
Attention:
Alcohol Billing Coordinator
Address:
I M, 14
4949 Broadway, Rm. F126
Cit /State/Zi
Sacramento, CA 95820
Phone:
(916) 227-3791
Fax:
Email-
®D CA®
alcoholbilling do'.ca.gov
R
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.
Page 3 of 6
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
-Payment for -Services:
DOJ agrees to provide and the CITY OF LODI 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 instrument(s);
• 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 Lodi, 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 cvc, 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•
Page -4, of 6
DOJ shall send monthly invoices to the Agency noting number of tests conducted,
month/year tests were conducted, and total amount due to:
AGENCY
SECTION/UNIT - -
ADDRESS
CITY/STATE/ZIP
ATTENTION
Payments shall be submitted to:
Department of Justice
Accounting Services
P.O. Box 944255
Sacramento, CA 94244-2550
OUTSTANDING ACCOUNTS RECEIVABLE RECOVERY CLA USE*
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, TERIMS AND CONDITIONS
Examination and Audit:
Page 5 of 6
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 (3 0) 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 alcoholbilling_@doi.ca.gov 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.
Page 6 of 6
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
ConflictwitGExistin2 IJaw:
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 SECURE'D.
RESOLUTION NO. 2021-306
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CHIEF OF POLICE TO EXECUTE AN AGREEMENT FOR
ALCOHOL AND/OR DRUG ANALYSIS BETWEEN THE
CALIFORNIA DEPARTMENT OF JUSTICE AND THE CITY OF LODI
WHEREAS, in early 2019, the Bureau of Forensic Services (BFS) began updating its
standard contract for DUI analysis services in order to adapt to changes in the Vehicle Code as
well as to the increase in drug -only DUI (DUID) cases; and
WHEREAS, the amended language allows California Department of Justice laboratories
to commence drug analysis immediately when no alcohol content is suspected. This change
will streamline the analytical process, minimize turn -around times, and decrease backlogs; and
WHEREAS, the agreement does not have a set term or financial limit language that
necessitates review and approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Chief of Police to execute an agreement for alcohol and/or drug analysis between
the California Department of Justice and the City of Lodi; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Date: November 17, 2021
I hereby certify that Resolution No. 2021-306 was passed and adopted by the Lodi City
Council in a regular meeting held November 17, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Khan, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hothi
ABSTAIN: COUNCIL MEMBERS — None
. 11�(4�
JENNIF R CUSMIR
City Clerk
2021-306