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HomeMy WebLinkAboutMINUTES - 09182001 - C.27 Contra TO: BOARD OF SUPERVISORS Costa FROM: Warren E. Rupf, Sheriff-Coroner County DATE: August 29,2001 SUBJECT: ADDroval of Forensic Services Contract with the County of Solano District Attorney SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Sheriff, or designee, to sign on behalf of the County an agreement with the County of Solano District Attorney for the amounts specified to provide forensic services for the period beginning July 1, 2001 and continuing through June 30, 2004. After June 30, 2004, the agreement will automatically extend from year to year, through June 30, 2007, unless according to the provisions stated in the agreement, either the County or the County of Solano District Attorney notifies the other party of their intent not to extend. The County of Solano District Attorney shall pay the Laboratory $307, 000 for the first year, $330,300 for the second year, and $356,200 for the third year. II. FINANCIAL IMPACT: NONE. The revenue from this agreement is budgeted in the Sheriffs fiscal year 2001/2002 budget and included in the Sheriffs fiscal year 2002-2003 requested budget. III. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Forensic Services Division of the Office of the Sheriff provides forensic services to law enforcement agencies on a fee-for-service basis. The Office of the Sheriff and the above named agency have agreed to estimated fees for services during the term of the contract based on the previous years' services provided to the County of Solano District Attorney. The amount may be adjusted based on the Consumer's Price Index for the second and third years of the agreement and will be adjusted for each subsequent year that the agreement continues in force. Execution of this agreement allows both the Office of the Sheriff and the County of Solano District Attorney to better budget and simplifies the time-intensive process of preparing monthly invoices. CONTINUED ON ATTACHMENT: No SIGNATURE: �A RICOMMENDATION OFCOUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : G ACTION OF BOARD O U APPROVED AS RECOMMENDED_ C OTHER \ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE �— UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact Person: Gloria Sutter 335-1526 CC: Sheriff-Coroner ATTESTED CAO,Justice System Administration Jo N S EETEN,CLERK OF THE BOARD OF Auditor/Controller SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY AGREEMENT FOR PHLEBOTOMIST SERVICES, ALCOHOL AND DRUG ANALYSIS, AND EXPERT WITNESS TESTIMONY This agreement is entered into as of the I" day of July, 2004, between the County of Solano, a political subdivision of the State of California, on behalf of the District Attorney (hereinafter referred to as "the District Attorney"), and the County of Contra Costa, a political subdivision of the State of California, on behalf of the Sheriff's Criminalistics Laboratory(hereinafter referred to as "the Laboratory"). RECITALS WHEREAS, the District Attorney wishes to retain the services of the Laboratory for the phlebotomy of persons apprehended for being under the influence of alcohol or drugs, for the purpose of providing laboratory services for the District Attorney with respect to the analysis of body fluids for the presence of alcohol and/or non-prescription drugs and the analysis of breath samples for the presence of alcohol, with respect to the analysis of chemical substances for identification of non-prescription drugs, and for expert testimony in the course of prosecutions for violations of federal, state, and local laws regarding the use of alcohol and non-prescription drugs and the possession of non-prescription drugs. The Laboratory can provide the analysis of prescription drugs in biological fluids pursuant to the Laboratory's fee schedule or by sending them to an outside referral laboratory. WHEREAS, the District Attorney wishes to enter into an agreement with the Laboratory to perform these services in accordance with the terms and conditions set forth below: NOW THEREFORE, BE IT AGREED as follows: 1. Term of Agreement: This agreement shall commence on July 1, 2004, and shall continue in effect for a period of 36 months ending June 30, 2007. 2. Scope of Work: During the term of this agreement: (a) The Laboratory shall perform, in a professional manner, all services in connection with the withdrawal of blood required by the Benicia Police Department, Rio Vista Police Department, Vallejo Police Department, and Solano CHP. Blood withdrawal services for all other Solano County law enforcement agencies are expressly excluded from this agreement. A properly licensed phlebotomist, physician, registered nurse, vocational nurse, clinical laboratory technologist, laboratory bio-analyst, unlicensed laboratory person regulated pursuant to Sections 1242, 1242.5, and 1246 of the California i Business and Professions Code, or certified paramedic shall withdraw the blood. Upon notice by subpoena from the District Attorney, the blood withdrawal person shall appear in court and give testimony in connection with the work he/she has performed. The District Attorney's Office shall call the blood withdrawal person and have him/her on telephone standby one day in advance, in addition to sending the subpoena. The District Attorney's Office shall incur the costs associated with any required court appearances of blood withdrawal technicians, pursuant to this contract. The Laboratory may, at its sole discretion, subcontract for blood withdrawal services with a provider of its choosing. Any such provider shall, however, be governed by the provisions of this agreement, including Section 16(g). District Attorney must incur any direct cost outside of the Laboratory's normal payroll cost. If the Laboratory does not have a subcontract for blood withdrawal services, the Laboratory cannot be held responsible for arranging to provide such a service. The Laboratory will provide any information in its possession to facilitate District Attorney to set up subcontractor services for blood withdrawal. (b) The Laboratory shall perform, for all Solano County law enforcement agencies enumerated in Section 5 of this agreement, the following services in a professional manner: (1) The analysis of blood and urine for the presence of alcohol and/or drugs, and maintenance of breath testing equipment for the presence of alcohol in accordance with Title 17 of the California Code of Regulations. (2) The analysis of solid dosage chemical substances for identification of controlled substances described in the California Health and Safety Code, Uniform Controlled Substances Act. The evidence shall be analyzed pursuant to the existing laboratory policies (See attached). (3) Expert testimony of test results, including breath samples, as necessary for prosecutions with respect to the use of alcohol and drugs, and the possession of solid dosage drugs. (c) A properly certified Forensic Toxicologist and/or Laboratory representative shall appear as necessary for all trials in alcohol and/or drug-related cases. To guarantee the court appearance of a Forensic Toxicologist and/or Laboratory representative in a trial, the District Attorney's Office shall call the Forensic Toxicologist and/or Laboratory representative and have him/her on a telephone standby one-day in advance, in addition to sending the subpoena. At the preliminary hearing stage, the District Attorney shall make every effort to introduce evidence pursuant to the provisions of Proposition 115 to ►r►inimize the appearance of a Laboratory representative. The Laboratory shall provide the District Attorney with appropriate curricula vitae of its Forensic Toxicologists and Laboratory representatives in order to facilitate Proposition 115 testimony. 2 The Laboratory will accommodate a reasonable use of time of the Forensic Toxicologists and/or Laboratory representative for court appearance (no more than 3 hours per case). If the Forensic Toxicologist and/or Laboratory representative spends more than 3 hours on any case, then the Laboratory will charge the District Attorney's Office for that additional time pursuant to the Laboratory fee schedule in effect at that time. For Forensic Toxicologists and/or Laboratory representatives who retire or are no longer working for the Laboratory, the District Attorney's Office shall independently arrange for their court appearance. The Laboratory will provide any contact information in its possession. 3. General Laboratory Requirements: The Laboratory and designated personnel shall have proper and valid state licensing for all services provided pursuant to this agreement. All blood alcohol testing shall be conducted in accordance with Title 17 of the California Code of Regulations. The Laboratory shall have the proper equipment for quantitative analysis of alcohol in breath samples and body fluids, and shall provide any and all supplies necessary for the collection of samples. Laboratory Forensic Toxicologists performing analysis shall be properly licensed, and shall be prepared to defend their results in court. 4. Phlebotomy: All blood draws shall be conducted in accordance with Title 17 of the California Code of Regulations and Section 23152 of the California Vehicle Code. Blood withdrawal persons shall be on call, and upon notification by telephone or pager, shall respond and report to the requested location in Solano County, which includes but is not limited to: Benicia Police Department, Rio Vista Police Department, or Vallejo Police Department, Sutter Solano Hospital, Kaiser Vallejo or the Solano County Jail, to withdraw blood. Blood draws shall be required on a 24-hour per day, 365-day per year, on call basis. Blood withdrawal persons shall be responsible for accurate labeling and storage of evidence in the proper containers for submission to the arresting officer. The Laboratory shall provide any and all supplies necessary for blood withdrawal. The phlebotomy service is provided as a subcontract. The Laboratory has no control over the response time by the subcontractors. In the event that the subcontract with the current provider is terminated, the District Attorney's Office will have to find an alternative service provider. 5. Evidence Pickup: A Laboratory representative shall pick up evidence two times per week at the police departments of Dixon, Fairfield, Suisun, Vacaville, and Vallejo, and at the Sheriff's Office and Solano CHP in Fairfield. The Laboratory on an as-needed basis shall pick up evidence from the police departments of Benicia and Rio Vista, not to exceed two times per week. When a test is required, the Laboratory will pick up the evidence from the police departments. However, if a police department fails to provide the evidence in spite of several visits from the Laboratory then that police department shall be responsible for arranging to deliver the evidence to the Laboratory to be analyzed in time before the case goes to court. 3 6. Timelines for Analysis and Reporting: The Laboratory shall provide results of forensic alcohol analysis on body fluids within ten (10)working days following pickup of specimens. The Laboratory shall provide, as requested on the evidence envelope, results of preliminary screening of blood and urine specimens for commonly used narcotics (cocaine, opiates, amphetamine/methamphetamine)within ten (10) working days following pickup of specimens. All positive screens of urine shall be subject to confirmation testing, and all positive screens of blood shall be subject to confirmation testing and quantitative analysis. The Laboratory shall provide results of these further tests within fifteen (15) working days of the preliminary screening, which shall not exceed twenty-one (21) working days from the time of submission, unless the District Attorney is notified of extenuating circumstances. The Laboratory shall provide results of in-custody and expedited solid dosage drug analysis within five (5) working days following pickup of specimens. Investigating agencies shall clearly mark in-custody and expedited case evidence at the time it is booked into evidence. Results shall be reported by fax to the District Attorney. The Laboratory shall provide results of noncustodial solid dosage drug analyses within seven (7) working days following pickup of specimens. Reports shall be delivered to the District Attorney by courier two times per week. 7. Maximum Caseload: If, in any contract year, the caseload exceeds the maximum number of service requests in any category, as noted below, the Laboratory will charge the District Attorney's Office a per-case fee according to the Forensic Services Division's fee schedule approved by the Contra Costa County Board of Supervisors: Solid Dosage Drug 1600 Toxicology 325 Blood Alcohol 750 Breath Alcohol 1200 8. Storage of Evidence: The Laboratory shall maintain sufficient storage space to adequately store body fluid evidence samples for ninety (90) days. If the Laboratory does not receive a request for analysis within ninety(90) days, the Laboratory shall return the evidence to the investigating agency for storage. A form will be attached to the evidence envelope indicating the evidence has not been analyzed and should not be destroyed. If the Laboratory receives a request for analysis at a later date the evidence shall be retrieved from the agency and analyzed. The blood and urine evidence for driving under the influence cases shall be stored in the Laboratory.for one (1) year following analysis, per Title 17 requirements. After testing, the Laboratory shall return solid dosage drug, blood and urine evidence to the investigating agency for storage and/or destruction. A form will be attached to the evidence envelope indicating the evidence has been analyzed and that it should not be 4 destroyed until the case is adjudicated. The Laboratory will not be responsible for the disposal of evidence. 9. Alcotest: Solano County law enforcement agencies shall have the use of Alcotests owned by Solano County. Pursuant to the provisions of Title 17 of the California Code of Regulations, the Laboratory shall periodically check the calibration and shall arrange for the maintenance and/or repair of those Alcotests; however, the District Attorney shall be solely liable for all expenses relative to the maintenance and repair of said Alcotests. The Laboratory shall be responsible for obtaining all mouthpieces, cards, and any other supplies and materials necessary to operate the Alcotests; however, the District Attorney shall be solely liable for the cost of such supplies. If Solano County decides to increase the number(from the current number of 6) of breath instruments in the County, a maintenance fee for each additional instrument will be charged. This will be effective from the time of installation of the instrument and an annual or prorated fee will be applied to the existing contract amount. The laboratory shall assess the additional fee prior to installation of the instrument and that will be included on the quarterly invoice sent to District Attorney's Office. An additional instrument will be placed only upon mutual agreement between District Attorney's Office and the Laboratory. The District Attorney's Office shall incur the cost for the purchase of additional instruments. The Laboratory shall also provide to the various law enforcement agencies within Solano County, upon the initial execution of this agreement and thereafter on an as-needed basis, the training that qualifies law enforcement officers to become certified for use of the Alcotests. This training shall take place in Solano County, but follow-up training may be provided on a periodic basis, in a central location, such as the Field Operation Building training room in Martinez, so that officers from more than one Solano County law enforcement agency may participate. 10. Response/Repair Time: Upon receipt of notice of instrument failure, the Laboratory shall arrange for repairs or adjustments of Alcotests as required to place the equipment in normal working condition. This service shall take priority over all other services to the District Attorney provided under the contract, and shall be effectuated within 24 hours of the first verbal or written notification to the Laboratory of said equipment failure. The first verbal notice can be provided to the Laboratory anytime between 8:00 am to 5:00 pm on business days or by leaving a voice mail on (925) 313-2830 after hours or on legal holidays. Arrangements for repair or adjustments shall be effectuated within 24 hours of the first business day following receipt of said notice. District Attorney shall pay for the repairs of returning damaged equipment to a fully operational state. 11. Compensation: The Laboratory shall be compensated for all services rendered under this agreement, excluding phlebotomy services, on a quarterly basis, payable in advance at the beginning of each quarter. Phlebotomy services shall be billed quarterly in arrears, reflecting the actual number of blood draws performed during the preceding quarter. Any services beyond the maximum caseload noted under Paragraph 7 shall be billed to the District Attorney's Office at the end of each 12-month period (i.e. June 30, 2005, 2006 and 2007). The District Attorney shall pay the Laboratory$388,700 for the first year; $412,400 for the second year, and $436,500 for the third year, for all services provided as set forth herein, excluding phlebotomy or services beyond the maximum included pursuant to Paragraph 7. In the event that the Consumers Price Index (CPI), San Francisco/Oakland index, is less than or greater than the anticipated annual three percent (3%), the total amount due in years two and three of this agreement shall be reduced or increased accordingly. However, in no event shall any annual increase exceed eight percent (8%). In addition to the compensation set forth above, the District Attorney shall pay the Laboratory$69.30 for each blood draw. For years two and three, phlebotomy costs will reflect the negotiated fee paid to the provider. The District Attorney will be notified of the negotiated fee by April 30 of the year. 12. Invoices and Pa ents: The Laboratory shall render invoices quarterly in advance for services to be provided pursuant to this agreement. A copy of each invoice shall be provided to the District Attorney or his designee. Additionally, the Laboratory shall provide to the District Attorney an itemized statement setting forth the specific tasks performed by the Laboratory pursuant to this agreement for the immediately preceding quarter. 13. Licenses, Permits, and Bonds: The Laboratory shall provide all licenses, permits, and bonds required by law to be held by it for the scope of work to be performed pursuant to this agreement. The Laboratory shall abide by any and all federal, state, and local laws or rules affecting said work. 14. Hold Harmless/Indemnification: The Laboratory and District Attorney mutually agree to indemnify, defend, and hold each other harmless from and against any and all liabilities, damages, claims, penalties, fines, forfeitures, suits, and their incident cost and expenses including attorneys fees which each may incur, become responsible for, or pay out as result of the death or bodily injury to any person, destruction or damage to any property, or any violation of governmental laws, regulations, or orders, to the extent that such injury, damage, or violation was caused by the negligent, willful, or intentional act or omission or breach of any term or provision of this agreement by the respective officers, employees, or agents of each respective party to this agreement. 15. Insurance: The Laboratory shall obtain and maintain, and shall require all of its subcontractors (if any) performing work under this agreement, to obtain and maintain, in full force and effect throughout the term of this agreement, the following insurance coverages: (a) General liability in the amount of$2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. 6 (b) Automobile liability in the amount of$500,000 combined single limit per accident, bodily injury and property damage. (c) Workers' Compensation limits as required by the California Labor Code, and Employer Liability limits of$3,000,000 per accident. (d) Professional liability against loss due to negligent acts, errors and/or omissions, in an amount no less than $1,000,000 combined single limit per claim and in the aggregate. (e) The County of Solano shall be endorsed as additional insured on all required insurance, for all liability arising out of the performance of this agreement. (f) Each comprehensive general liability insurance shall be endorsed with the following specific language: (1) The County of Solano, its officers, agents and employees, is named as additional insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this agreement. (2) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies have been issued to each insured. (3) The insurance provided herein is primary and no insurance held or owned by the County of Solano shall be called upon to contribute to a loss. 16. Verification of Coverage: Within five working days of commencement of this agreement, the Laboratory shall furnish the District Attorney with certificates of insurance signed by a person authorized by the Laboratory's insurer to bind coverage on its behalf. All such certificates are to be received and approved by the District Attorney before all such work commences. The District Attorney reserves the right to require complete, certified copies of all required insurance policies at any time. Moreover, the Laboratory agrees to provide the District Attorney with at least 30 days notice prior to the cancellation or expiration of any of the above-referenced coverages. The District Attorney understands and agrees that the Laboratory is or may be self- insured for all or a portion of the insurance coverages required by this agreement. The Laboratory shall provide a statement of self-insurance for any such coverage in lieu of the above-referenced certificates. 17. Independent Contractor: In the performance of the services required pursuant to this agreement, the Laboratory shall be acting as an independent contractor, and neither the Laboratory nor any of its employees, officers, or agents shall be deemed to be employees of the District Attorney for any purpose. 7 (a) All acts of the Laboratory shall be performed as an independent contractor and not as an agent, officer, or employee of the District Attorney. It is understood by both the Laboratory and District Attorney that this agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership,joint venture, or association. (b) The Laboratory shall have no claim against the District Attorney for employee rights or benefits including,but not limited to, seniority, vacation time, vacation pay, sick leave, personal time off, overtime, medical, dental, or hospital benefits, retirement benefits, Social Security, disability, Worker's Compensation, unemployment insurance benefits, civil service protection, disability retirement benefits, paid holidays, or other paid leaves of absence. (c) The Laboratory is solely obligated to pay all applicable taxes, deductions, and other obligations including,but not limited to, federal and state income taxes, withholding, Social Security, unemployment, disability insurance, Worker's Compensation, and Medi-Cal payments for all Laboratory employees performing services pursuant to this agreement. (d) The Laboratory shall indemnify and hold the District Attorney harmless from any all liability which the District Attorney may incur because of the Laboratory's failure to pay such obligations as enumerated in subsection (c). (f) The Laboratory may provide services to others during the same period services are provided to the District Attorney under this agreement. (g) If in the performance of this agreement any third persons are employed by the Laboratory, such persons shall be entirely and exclusively under the direction, supervision, and control of the Laboratory. The Laboratory shall determine all terms of employment, including hours,wages, working conditions, discipline, hiring, and discharging, or any other term of employment. 18. Termination for Good Cause: Either party may terminate this agreement only for good cause upon no less than 30 days prior written notice. For purposes of this provision, "good cause" shall mean the failure of a party, within 10 days following receipt of written notice from the other party that the noticed party has materially breached this agreement, and identifying the specific nature of the material breach, to remedy said breach. Should an early termination of this agreement occur, the Laboratory shall have a reasonable amount of time to remove its equipment, supplies, and property located within or upon the property of the County of Solano or its law enforcement agencies. 19. Governing Law: This agreement shall be governed by the laws of the State of California. In the event that any legal action is commenced with respect to this agreement, the parties agree that the venue of said action shall be Solano County. s 20. Notices: All notices required to be provided by this agreement shall be delivered in person or by certified mail, postage pre-paid, return receipt requested, to the following addresses, unless written notification of a change of address has been first given: DISTRICT ATTORNEY: SOLANO COUNTY DISTRICT ATTORNEY Hall of Justice 600 Union Avenue Fairfield, California 94533 Attention: David Paulson LABORATORY: CONTRA COSTA COUNTY OFFICE OF THE SHERIFF Criminalistics Laboratory 1960 Muir Road, Suite 201 Martinez, California 94553-4800 Attention: Karen Sheldon If a notice is given by personal delivery, notice shall be deemed effective upon the date of personal delivery. If notice is delivered by mail, notice shall be deemed effective three days after the date of mailing, or the date of delivery reflected upon the return receipt, whichever occurs first. 21. Entire Agreement/Amendment: This agreement is intended to constitute the entire agreement between the parties, and no oral understanding or agreement not incorporated herein shall be binding upon any of the parties hereto. This agreement may be modified or amended only in writing and executed by both parties. 22. Non-Discrimination: In general, services rendered under this agreement shall be rendered without discrimination on the basis of age, ancestry, color, gender, marital status, medical condition, national origin, physical or mental handicap, race, religion, or sexual orientation. Further, there shall be no discrimination against any employee who is employed in the work covered by this agreement because of age, ancestry, color, gender, marital status,medical condition, national origin,physical or mental handicap, race, religion, or sexual orientation. This includes, but is not limited to, employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 23. Drug-Free Workplace: The District Attorney and the Laboratory are drug-free workplaces within the meaning of Section 8355 et seq. of the California Government Code, and 28 CFR, Part 68, Subpart F, Sections 67.615 and 67.620. 9 Y IN WITNESS HEREOF, this agreement is executed by the parties hereto, to be effective as of July 1, 2004 COUNTY OF SOLANO COUNTY OF CONTRA COSTA BY: BY: Chairperson of theChairperson o o d Board of Supervisors of Supervisors o esignee BY: BY: Maggie Jimenez John/Sweeten, Cle c to the Board Clerk to the Board and County Administrator by: Deputy DATE: FEBRUARY 03, 2005 APPROVED AS TO FORM: Silvano Marchesi, County Counsel Contra Costa County BY: BY: '�-*-- Dennis Bunting Deput v County Coun 1 County Counsel BY: BY: David W. Paulson Karen Sheldon, Chief District Attorney Criminalistics Laboratory 10