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HomeMy WebLinkAbout0410.092• Septemhcr 10, 1992 TIffi HONORABLE CfIY COUNCIL Palo All!), California Conqact for PrQfc;ssional Service.; of Laboratory TecrmQ\QIPst -Milton Smith. Jr Members of the Council: Report jp BtieC 4 The PoJice Department is required to provide services of a clinical laboratory technologist for certain arrest situations to determine levels and degrees of intoxification. 'fllli. report recommend:; Council approval of. new contract with W.r. Milton Smith, Jr, a technologist, for an amount not to exceed $27,000. Fundo for the first year have been approved in the Police Depanment'. 1992-93 budget, Funding for the second and third years are rontingent upon Council approval of the 1993-94 ard 1994-95 budgets. Dj5Q'§-5ion The Police Depanment is mandated by the California Vehide Code to provide the services of a clinical laboratory technologist to obtain blood specimens from individuals arrested for driving while under the influence of alcohol or drugs. A similar service is also necessary when an individual is arrested for • seri<Jus crime 01 for a drug-related offense. These chemical samples are collected as part of thorough police investigations to assist in determining one's guilt or innocence. Three years ago staff soJjcited bids from laboratory teChnologists in the area for these services; Mr. Milton Smith, Jr. was the sole bidder. In July 1989, Council authorized a three-year agreement with Mr. Smith. The agreement allowed for renewal in twelve-month increments provided that .Mr. Smith>.;; fees dtd !lot exceed a five percent increase. In May 1992, staff again utiliud the bid process to identify a laboratory tochnologist contractor; Mr. Smith was again the sole bidder. Mr. Smith's proposed per sample fee remains unchanged from the last three-year contract. As a result of a reduced frequency in use of the laboratory technologist, the total contract amount has been decrea:'",d $5,000 from last year. CMR: 410:92 o RCMmmCnd"tioDS Staff recommends the City Council authoru.e me Mayor to aeCllte the attached contract with Milton Smith. Jr., in an amount not to exceed $27,000 per year fQr laboratory technologist servi=. The contract will oommence October I, 1992 and expire September 31,1993, with an option to renew in twelve·month increments not to uceed 36 months. Funds are included in the 1992·93 Police Department budget and funcls for su~quent years are contingent upon Council·approved budgets. ~u1IY submitte9, ~ ,,-,~QIiII4o~4rL __ CHRIS DURKIN Police auef Attachments CMR:410:92 .,. , ~~ Assistant City Manager 9·1~92 ·2· , .' A_ii-!ll Ell B N T tor CLDflCAL LABOltATOIlY TECHNOLOGIST SERVICES BI!'l'IIEBN" 'l'IIE CITY OF PAL-o ALTO AND KIL'l'OII If. S!II'l'H, JR. THIS AGREEMEN'I' is made and entered into this day of , 1.992" by and between the CITY OF PALO ALTO, a ~m~."D~i~c~ihpa~l;-~c~o~rpo= r&tion of California, hereinafter referred to as ·CITY,· and MILTON W. SMITh, JR .• whose address is 774 Marion Avenue, Palo Alto, california 94303, hereinafter referred to as -TECHNOLOGIST· ; !LI T NBS S B T E: WHEREAS I the police Department of CITY from time to time desires to retain the services of a clinical laboratory technolo­ gist to administer blood, breath., or urine tests to various individuals generally tor the purpose of d.etenr.i:c.ing the blood alcohol co~te:u.t. 'thereof, and TECHNOLOGIST has offered to continue to provide the required services on the terms and in the manner set forth herein; NOW~ THEREPORE, in consideration of t~eir mutual covena.nt " the parties hereto agree a~ follows: ~IQN t -DEFINITIONS 1.1 !:In:: ·!'he term ·City· as used in this A~r~eement shall mean and include all the territory lying within the ~uicipal boundaries of the City of Palo Alto, California, as presently existing, plus all territory which may be added thereto during the term of this Agreement by annexation or oth~rwise. The term 'City Hanager~ shall mean the duly appointed City Manager of th~ City of Palo Alto. California, or his designated rep~esentative. 1 . 3 UTI ATI'OR.NRX The te~ "City Attorney~ shall mean the duly appointed City Attorney of the City of ~alo Alto. California, or his designated representative. 1 .. .. _._-.. -". ---~.--.-.----.---...... ," o The te~ ~City Clerk N shall mean the duly appointed City Clerk of the City of Palo Alto, California, O~ her designated representative, 1.5 RISK MANAGER The term IIRisk Manager-shall mean the duly appointed Risk Manager of the City of Palo Alto, California, or hiEi designat­ ed representati¥e. SECTION 2 -PRQJECT COORDINATION 2.1 s:.I.TI The City Manager shall be representative of CITY for all purposes under this Ag-reern-snt. Assistant Police Chief, Lynne Johnson is designated as the PROJECT MANAGER for the City Manager, and be shall s11pet"V"iee the progress arld execution of this Agree­ ment. 2.2 IBCHNOUQGIST TECHNOLOGIST shall aS9ign a single PROJECT DIRECTOR to have ove~~ll responsibility for the progress and execution of this Agreement for TEc:JmOLOGIST. MILTON W. SMITH, J1L is h.ereby designated as the PROJECT DIRBCTOR for TBCHNOLOOIST. Should circumstances or conditions subsequent to the execution of this Agreement require a Substitute PROJECT DIRECTOR or PROJECT COORDINATOR for any reason the PROJECT DIRECTOR or PROJECT COORDINATOR designee shall be subject to the prior written approval of the PROJECT MANAGER. SECTION 3 -SBR\,rTCES m BE FtJRNISHED BY 'l'EC:tq{QLQ2IST Upon receipt of a ~pecial request from CITY by telephone, or otherwise, TECHNOLOGIST shall immediately advise the representa­ tive of CITY contacting him whether he wishes to accept the assignment. If TECHNOLOGIST accepts the assignment, he sr.all thereupon proceed to the location indicated, administer a blood test, urine test, or ~reath test, or any combination Of all three, as req'.Jested, on the individual indi..:::ated to hi!!! by the police officer in att.endance. All blood samples, urine sa.""tlples, and breathalyzer test resul~s shall be properly marked for identifica· tion by TBCHNOLOGIST for possible use in legal pcoceedir~gs and shall be handed to the police officer. TECHNOLOGIST shall perform said services with utmost care and strictly aCGcrding to all applicable standards, including those set forth in Article 5, Title 17, of the California Administrative Code. 2 • ...... CITY shall not be obligated to sel-ect TEC!1NOLOGIST to administ!r any blood test. breath test. or urine test during the term of this Agreement, but io each instance where CITY does select TECHNCLOGIS'!', and the latter agrees to perform the requested service, all of the provisions of this Agreement shall apply. SECTION 4 -RELEASE OF REPORTS NlP INFORMATION Any reporta, information, data, notes, cr other material given to. or prepared or assembled by. TECHN01.<X;IST und-eI this AgreeIM!!Dt shall be the property of CITY and shall not be made available to acy in!iivid\lal or organization, other than CITY or the District Ateorney of Santa Clara County, by TECHNOLOGIST without th~ appr~dl of CITY or the District Attorney, or ~y court order. SEerION 5 -LICENSE AND PERMITS TECHNOLOGIST certifies to CITY that he is licensed by the State Qf California as a clinical laboratory technologist and that he has and shall Jl\j3.intain in force and effect during the duration of this Agreement said license and any and all other licenses or permit. required by law to be held by hill'. or by any of his employees for the performance of any service hereunder~ including the autborization required by Section :1242 of the Business and Professions Code. SECTION 6 . COMPENSATION Eor the full performance of the services describF.d herein by TECHNOLOGIST. payments to TECHNOLOGIST will be based on the following fee schedule and will be made monthly following receipt by C:In of itemized invoices in triplicate, provided that the total atIlO'..mt payable under this Agreement shall not exceed the sum of TYeoty~SeveD Thousand DOllars ($27,000) per year: (a) Blood S~~le (b) Urine Sample {c) Breath Test $60.00 $60.00 $60.00 (dl If more than one (1) test is adtninistered to any individual, it shali be considered only one ~eat, and technol~gist shall be compensated for only one {l) test in the sum of Sixty Dollars ($60.00. {e) If an individual refuses all of the above tests, TECHNOLOGIST shall receive a basic fee of Sixty Dollars {$60.00). (f) If the TECHNOLOGIST is cancelled at any point after being called and requested to rrrspond, the TECHNOLOGIST shall receive a basic fee of Sixty Dollars ($60.00). 3 -.... - .., . ; I , , , , 8 0 (9') If the total number of tests taken In one month exceeds thirty-fiv2 (35), TECHNOLOGIST shall be compensated at a reduced rate of Fifty-Five Dollars {$55.00} for each test above thirty-five (35)_ (h) In the event TECHNOLOGIST I s total fees are less than Two Thousand Twenty-Two Dollars ($2,022.0Q) for any monthly period, CITY shall pay TECHNOLOGIST such difference to equal a total of Two Thousand Twenty-Two Dollars ($2,022.00) for such monthly period. $BGTIQN 7 -Tt&M The services to be performed hereunder shall commence on October 1, 1992 and shall be completed by September 30 1 199). With the mutua.l consent of both parties and subject to CITY I s city council appropriating funds sufficient to pay for servicee during any fiscal year. this contract shall be renewable by PROJECT MANAGER each year for one (1) additional twelve (12) rnoDth interval not to exceed a to~al of thirty-six (36) months from the effective date hereof ~ TECHNOLOGIST and PROJECT MA..~ER. will agree upon rates and fees at the time of each renewal I but in no event. will the TECHNOLOGISTFs rates and fees be increased in ~cess of five percent {stj each year, nor with the total contract amount for said twelve (12) months exceed the amount budgeted for such services~ nor with the t.ota,l contract amount for said twelve {1.2) months exceed the amount budgeted fo= such services I nor with the total contract amount for said. twelve (12) months exceed the amount budgeted for such eervices~ gC'rlON B -TI<MPORARY SUSPENS19N The CITY shall have! t.hJ;: authority to suspend this Agreement l wholly or in part~ for such period as it deems necessary due to unfavorable conditions or to the failure on the part of TECHNOLOGIST to perform any provision of this Agreement. SBCIIQN 9 -SUSPENSION; TERMITNATIQN Either party may suspend or terminate tbiE Agreement for any reason by giving thirty {30) days I written notice to the other party. Upon receipc of such notice, performance of the services hereunder shall be discontinued immediately. SECTION 10 -ASS IGNMKNT ; SUBCONTRACTORS j EMPLOYE~ 10.1 ASSIGNMENT. Both parties shall give their personal attention to ~he faithful performance of this AgreemeLt and shall not assign, transfe4 1 convey, or otherwise dispose of this a~reement or any right. title, or int~rest in or to the same or any part thereof without the prior written con~ent of the other party, and then only Subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent t.o any subsequent assign .. nent. Any assignment 4 without such approval shall be void and, at the option of the other part-y, shall terminate this agreement and any license or privilege granted herein. This Agreement and any interest nereir. shall not be assignable by operation of law without the prior written consent ot the other pare~·. 1D.2 It is agreed tr..at. Chis Agreement-is for the personal servicEs of ':'ECHNOLOJIST and cannot be performed by any other person or organization, unless autLorized by Milton Smith during per.i~~ of vacation or eickLess~ SECTION 11 -NOTlot~ All Do~icee hereunder shall be given in writing and mailed, postage prepaid I by certified mail, addressed as follows: To CITY: To TECHNOLOGIST: Office of the City Clerk 250 HaIro.ilton Avenue Palo Alto. CA 94303 Milton W. Smdth, Jr. 774 Marion Avenue Palo Alt.o, CA 94303 SBCTION 12 -I~REST OF TECHNOLOGIST TECHNOLOGIST covenants that he presently has no interest., and shall not acquire any interest, direct, or iLdirect, financial or otherwise, which would conflict io any manner or degree with the performance of ~he services hereunder. TECHNOLOGIST further ccvenants ~ha!: .. in the performance of this Agreemel"~, no sui:: .:;.n­ tractor or person having such an interest shall be emp~o:led. TE~OLOG-IBT certifies that no one 'lliho has or will have any financial interest under this Agreement is an officer cr employee of CITY. It is expre&sly agreed that, in the performance of the services hereunder, TECHNOLOGIST shall at all ~imes be deemed an independent contractor and not an agent or employee of CITY. ~BCTION 13 -INDEMNITY TECHNOLOGIST hereby agr-ees to indemnify and save harmless CITY, its officers, agents, and employees of and from! 13.1 Any and ali clairr.s and demands which may be tr.ade against CITY, its officers l agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by and person or corporation caused by. or alleged to have been caused by, any act 0--: omission, negligent ot: ot.herwise, of TECHNOLOGIST or any subcontractor under this Agreement or of TBCHNOLOGIST's or any subcont.ractor'S employees or agents; 5 / o 13.2 Any and all damage to or destruction of the property of CITY~ its officers, agents~ or emplo~:ees occupied or used by or in the car'='J C\!stody, or control of TECHNOLCGIST, or in proximity to the site of TECHNOL~IST'e wo~k, caused by any act or omission f negligent or otherwi8e~ of TECHNOLOGIST o:r-any Bubcon.tractor under this Agreement or of TECHNOLOGIST's or any subcontractor's· ~loyees or agents; 13.3 Any and all clai!l'lS and demands which .may be made against CITY, ita officers, agents, or employees by reason of any injury to or death of or damage suffered or ~ustained by any employee or agent of TECHNOLOGIST or any subcontractor under this Agreement, however, caused, excepting. however, any such claims and demands which are the result of the sole neglisence or 'It.''illful misconduct of CITY, its officers, agents, or employees; 13.4 Any and all penalties imposed cr damages sought on account of the violation of any law or regulation or of a~y term or condition of any permit. TECHNOLOGIST z at his own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons ~gainst CITY, its officers, agentfl, or employees on any of the above claims or demands of such third person, or to enforce any of the above penalties, and pay and satisfy any juc53If1ent or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceeding . .sECfION l.4 -WORKERS' COl'-P!!NSAUW TBCHNOLOGIST certifies that he is aware of the pr-ovisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or t.o undertake self-insurance in a.ccordance with the prOVisions of that code, and he certifies that he ~ill comply with such provi­ sions before conmte!lcing the performance of the work of this Agreement. SECTION 15 -AGREEMENT BINDING The terms, covenants, and conciti~os of this Agreement shall apply to, and shall bind, the heirs, successors, executors, admdnistrators~ assigns, and subcontractors of both parties. iOll.C'!'ION 16 -WAIVERS Th~ waiver by either party of a11Y breach or violation ot: any ~erms, covenants, or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenants, condition, ordinance, or law. the subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any 6 " /, term~ covenant, or condition of this Agreement or of any applicable law or ordinance. l>l!.O"ION 17 -COSTS AND ATTORNEYS ' ~ The prevailing party in any action brought to enforce the terms of this agreement or arisinS' aut. of this agreement may reccver its reasonable costs and attorneys' fees expended in connection with such an action frore the other party. SBCTION 18 -NONDISCRIMINATION No discrimination shall be made in the employment of pe~s~ns under this Agreement be~ause of the race, color, national or~g1D, ancestry, religion or sex of such person. If the value of this Agreement is, or may be. Five Thousand Dollars ($5,000) or more~ TECHNOLOGIST agrees to meet all requirements of the Palo Altc Municipal Code pertaining to nondiscrimination in employment and to complete and submit the 'Complian~e Report--Nondiscrimination 9rovisiona ~£ City of Palo ~to Contracts' on the for.m furnished by CIT'{. SRCTION 19 -AGRiiMENT CONTAINS ALI" UNDERSTANDINGS This document represents the entire and integrated agreement between CITY and TECHNOUOGIST and supersedes all prior negotiations, repre~entations, or agreements, either written or oral. This document may be amended only by written inst:ru.ment r signed by both CITY and TBCHNOLOGIST. All prmrisions of this Agreement are expressly made conditions. This Agreement shall be governed under the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTBST: CITY OF PALO ALTO city Clerk Mayor APPROVED AS TO FORM: s~. Assistant City Attorney APPROVED: TECHNOLOGIST Assistant City Manager By: ~......,..,0, (; I .. :...........-A.-<..-~J't.... 1 -/ ""-?" L ;:.t ~l ) MILTON w. SMITH I JR. Tax I.D. No. 353-20-5201 Director of Finance 7 ,'7.----~·...,.. ______ ,-.,.< __ .... ~~~""S'" _______ _ .. ....:.... - .-. - o Risk Manager APPROVED AS TO CONTENT, Police Department s ';":