HomeMy WebLinkAboutAgreement A-19-725 withDOJ.pdf Page 2 of 8
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. 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
County of Fresno, 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 January 1, 2020 until December
31, 2029, or 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: Stephen Rusconi Alcohol Billing Coordinator
Phone: (559) 600-4447 (916) 227-3791
Fax: (559) 600-4100 (916) 322-7157
Email srusconi@fresnocountyca.gov alcohol.billing@doj.ca.gov
Direct all inquiries to:
AGENCY CONTRACTOR
Agency: Fresno County District Attorney Department of Justice
Section/Unit: Business Office BFS / DUI EPAS Unit
Attention: Stephen Rusconi, Business Mgr. Alcohol Billing Coordinator
Address: 2220 Tulare Street 4949 Broadway, Rm. F126
City/State/Zip: Fresno, CA 93721 Sacramento, CA 95820
Phone: (559) 600-4447 (916) 227-3791
Fax: (559) 600-4100 (916) 322-7157
Email srusconi@fresnocountyca.gov alcohol.billing@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.
Page 3 of 8
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
Payment for Services:
DOJ agrees to provide and the County of Fresno 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 Fresno County, 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. The County of Fresno shall not be liable for charges in
excess of $120,000.00 per fiscal year. If the $120,000.00 limit is reached, forensic alcohol
analysis services shall be suspended for the remainder of that fiscal year.
• 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.
Page 4 of 8
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:
Fresno County District Attorney
Business Office
Attention: Stephen Rusconi
2220 Tulare Street
Fresno, CA 93721
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
Refere nce
Category
Program
*For State of California Agencies only (e.g. CA Highway Patrol, CA. Dept. of Fish and Wildlife, CA Dept. of Corrections...etc.)
Page 5 of 8
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.
Page 6 of 8
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 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@doj.ca.gov. 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 7 of 8
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.
Page 8 of 8
EXHIBIT E
(Standard Agreement)
ADDITIONAL PROVISIONS
Exclusions:
The County of Fresno shall not be responsible for arrests made within the
following incorporated areas:
1. City of Clovis
2. City of Coalinga
3. City of Firebaugh
4. City of Fowler
5. City of Fresno
6. City of Huron
7. City of Kerman
8. City of Kingsburg
9. City of Mendota
10. City of Parlier
11. City of Reedley
12. City of Sanger
13. City of Selma
14. The campus of California Statue University, Fresno
15. The campus of Fresno City College