Loading...
HomeMy WebLinkAboutCity Council - 6402 RESOLUTION NO. 6402 A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL AUTHORIZING THE CHIEF OF POLICE TO PROVIDE DRUG RECOGNITION EXPERTS TO THE CALIFORNIA HIGHWAY PATROL WHEREAS, the City Council of the City of Huntington Beach desires to cooperate with other public agencies in the fight against illegal drug use; and The Huntington Beach Police Department has the training and ability to aid the California Highway Patrol (CHP) in training officers from various agencies at out--of-state Drug Recognition Expert schools as Drug Recognition Experts (DRE) ; and The CHP has the need for DRE instructors and has allocated funds for the same; NOW, THEREFORE, be it hereby resolved that the Chief " of Police is authorized to execute the attached agreement, supplied by the State of California and approved by the Attorney General of the State of California, providing for reimbursement by the CHP to the City for services rendered by the Huntington Beach Police Department in connection with training in the DRE program. Said agreement is hereby incorporated and made a part of this resolution as if fully set forth herein. - 1 - SL 6/92319 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of _ July _ 1992 . Mayor ATTEST: APPROVED AS TO ORM: Aw City Clerk City At o ney 5I. -[S-I2.EWED AND APPROVED: INIT T D AND .APP D: City Administrator Chief of I lice 2 - 6402 S. E OF Ct JFORN A STANDARD AGREEMENT- APPROVED BY THE CONTRACTN'UMBER AM,NO. S (REV.a go) ATTORNEY GENERAL S" 91-05586 CONTRACTOR'S FEDERAL I.D.NUMBER THIS AGREEME11;T,made and entered into Lhis 18t day of March _ 1992 he State of California,by and between State of California,through its duly elected or appointed,qualified and acting E OF OFFICER ACTING FOR STATE AGENCY dmin. Services Officer California Highway Patrol hereafter called the State,and CONTRACTOFI'S NAME CITY OF HUNTINGTON BEACH POLICE DEPARTMENT (714) 960--8811 hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) 1. Contractor agrees to provide an instructors) for the compon;nts of the Drug Recognition and Evaluation Program (DECP) . The instructor shall use National Highway Traffic Safety Administration ' s (NHTSA) lesson plans , student manuals, visual aids and other documents and materials associated with the three curricula: o Preliminary Training in Drug Evaluation and Classification (PRE-School) . o Drug Evaluation and Classification Training (DRE School - Classroom and Certification) . o Principles and Techniques of Drug Recognition Expert Training (DRE Instructor School) . 2 . The term of this contract shall be from March 1, 1992 through December 31, 1992 . :ONT[NUED ON SHEETS, EACH HEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. N WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR ,,GENCY CONTRACTOR(!t other than an individual state*hether a mmpovaiion,partnership,sic.) Dept. of California Highway Patrol Cit o Huntington each Police Department 3Y(AUTHORIZED SIGNATURE) BY AU O D SI A RINTED NAME OF PERSON SIGNING P TED NAME AND 717LE ERSON SIGNNJG Ronald E. Lowenber , Chi Of Police ITLE ADDRESS Admin. Services Officer 12000 Main Street , Huntington Beach, CA 92648 MOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(C✓DE AND TITLE) FUND TITLE MV Acct Department of General Services OCt1MENT Q 99 State Trans Use Only `P 2,000.00 91/92 (OPTIONAL USE) R OR AMOUNT ENCUMBERED FOR HIS CONTRACT 000 00 9 2/93 ITEM CHAPTER STATUTE FISCAL YEAR MIAPT FMM D1tPAR"AZW OP 411114w 27 20-001-044 118 1991 91/92 �S A�>xOVAL u14� . tAIMOUNT ENCUMBERED TO VYEfH THE STATE A'DWNZTFA"W1tM�AL OBJECT OF EXPENDITURE;CODE AND TITLE) 3031/418/ by certify upon my own personal knowledge that budgeted funds T.B.A.NO, S.R.NO. are available for the period and purpose of the expenditure stated above_ GNATURE OF ACCOUNTING OFFICER DATE 6402 CONTRACTOR STATE AGENCY Ica'?.OFG£N.SER. CONTROLLER 90 SBW City of Huntington Beach Police Department, 91-05586 Page 2 March 1, 1992 3 . CHP Coordinator shall be responsible for notifying the contractor in writing and providing the following information: o Name of Training Event (i. e. PRE-School) . o • Location of training class. o Dates and times of training class. Contractor will be given a response date and time. If the Contractor fails to respond by the designated date and time, the next contractor will be contacted to provide the training. 4 . Contractor' s instructors will be required to report to the California Highway Patrol ' s coordinator the information as stated in Exhibit A - REPORTING REQUIREMENTS and to abide by the attached Federal Grant Requirements, Equal Opportunity Compliance Statement, Dispute Resolution Provision, and State Contract Requirements, all by reference herein shall be .made part of this contract. 5. The CHP Coordinator is Sgt. Jerry Tidwell, California Highway Patrol Academy, 3500 Reed Ave. , West Sacramento, CA 95605, telephone number (916) 372-5620. 6. This contract may be amended by mutual consent of the parties hereto. 7 . This contract may be cancelled by State upon thirty (30) days prior written notice to the Contractor. 8. CHP agrees to reimburse the Contractor for out-of-state training in accordance with the following: a. Travel costs - Costs will be in accordance with the Federal rates. This includes airfare, mileage, and per diem. b. Rental Car - Cost will be in accordance with the Federal rates. Rental car per state per event. 6402 City of Huntington Beach Police Department, 91--05586 Page 3 March 1, 1992 8 . (con't) C. Salary and Benefits - Maximum daily reimbursement shall not exceed $403 . 00. o $ * per hour - Actual regular time salary rate per hour including benefits. $ * per hour -- Overtime salary rate including benefits . OR o An alternate to the above method may include reimbursement for overtime and benefits to backfill the position while the DRE - Instructor fulfills the DECP request. $ * per hour - Overtime salary rate including benefits. * Rates will be in accordance with Exhibit B. d. Overhead or indirect rates shall not be charged. REIMBURSEMENT FOR EACH EVENT WILL NOT OCCUR UNLESS THE REPORTING REQUIREMENTS AS INDICATED IN EXHIBIT A - REPORTING REQUIREMENTS ARE MET BY THE CONTRACTOR. Payment shall be made from funds appropriated to the Department California Highway Patrol and subject to the fiscal procedures of the State of California. The total amount of the contract shall not exceed Seven Thousand Dollars ($7, 000 . 00) . 9. THERE MAY STILL BE TRAINING PARTICIPATION WITHIN THE STATE THAT WILL NOT QUALIFY FOR COMPENSATION UNDER THIS CONTRACT_ 10 . CONTRACTOR SHALL NOT SUBMIT INVOICES UNTIL THE REPORTING REQUIREMENTS AS INDICATED IN EXHIBIT A HAS BEEN COMPLIED WITH. 6402 City of Huntington Beach Police Department, 91-05586 Page 4 March 1, 1992 11. Contractor agrees to submit all invoices in triplicate to the CHP Coordinator for approval clearly indicating this contract number (91-05586) . Invoices not on pre-printed bill heads shall be signed by the Contractor furnishing the service. Payment will be madg within fifty (50) calendar days from the postmarked date of a properly submitted invoice. 12. This contract is valid and enforceable only if sufficient funds are made available by the Budget Act of the appropriate fiscal year for the purposes of this program. In addition, this contract is subject to any additional restrictions, limitations or conditions enacted by the Legislature which may affect the provisions, terms or funding of this contract in any manner. 6402 EXHIBIT A REPORTING REQUIREMENTS PRE-SCHOOL Upon completion of each PRE-School, the instructors will provide the CHP Coordinator with a roster of all students who attended the School. In addition, the instructors will prepare a brief summary report (one or two pages) of their assessment of the school , including strengths and weaknesses observed, and recommendations for future improvement. DRE SCHOOL Upon completion of the school, each instructor will fill out the instructor' s critique form and give it to the host agency's coordinator for the school . In addition, the instructors will provide. the CHP Coordinator with a roster of all students who attended the school. In addition, the instructors will prepare a brief summary report (one or two pages) of their assessment of the school, including strengths and weaknesses observed, and recommendations for future improvement. CERTIFICATION TRAINING Upon completion of each Certification Training event, the instructors shall prepare and submit to the CHP Coordinator a status report on the progress of the trainees. This will consist simply of up-to--date copies of the Certification Training Progress Logs of each trainee, a brief description of any problems encountered during the training. DRE INSTRUCTOR TRAINING SCHOOL At this time, no reporting requirements have been identified by NHTSA; however, the instructor identified must be one who has held a DRE Instructor certificate for at least one year. 6402 EXHIBIT B SCHEDULE OF SALARIES INCLUDING BENEFITS for CITY OF HUNTINGTON BEACH POLICE DEPARTMENT Sergeant: $45.78 per hour - Actual regular time salary rate per hour including benefits $77 . 03 per hour - Overtime salary rate including benefits Senior Officer; $38 . 94 per hour - Actual regular time salary rate per hour including benefits $63 . 47 per hour - Overtime salary rate including benefits Police Officer: $36. 67 per hour - Actual regular time salary (Top Step) rate per hour including benefits $63 .47 per hour - Overtime salary rate including benefits 6402 BUSINESS SERVICES SECTION FEDERAL GRANT REQUIREMENTS 1. Non-sol ication clause.The contractor warrants that helshe has not employed or retained any company or persons,other than a bona fide employee working solely for the contractor, to solicit or secure this contract, and.that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the contractor, any fee, commission, percentage, brokerage fee,gifts,or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the State shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration,or otherwise recover, the full amount of such fee,commission, percentage, brokerage fee,gift, or contingent fee. 2. Publicity right clause.All publicity rights and copyrights are to be retained by the California Highway Patrol (CHP)and the Office of Traffic Safety (OTS) and that any oral or written release of information are subject to prior written approval of the CHP and OTS.The study was done in cooperation with the State of Cafifornia,OTT.and the Federal Highway Administration or the national Highway Traffic Safety Administration.The opinions,findings and conclusions expressed in the publication are those of the authors and not necessarily those of the other cooperating parties_ 3. Ownership of data. All data, maps, photographs, and other material collected or prepared under the contract shall become the joint property of the CHP and Federal agency. 4. Contractor shall maintain accounting records and other evidence pertaining to cost incurred. Records and documents shall be kept available at the contractor's California office during the contract period and thereafter for three (3) years from date of final payment. 5. Contract agrees to make no significant changes in the committed staff without prior approval of CHP and Federal agency during the term of this contract. 6. Contractor agrees to abide by the attached Equal Opportunity Compliance statement which is made by reference a part hereof. 7. Contractor agrees to abide by the Clean Air Act of 1970(42 U.S.C.1857 et seq.);Federal Water Pollution Control Act(33 U.S.C. 1251 at seq.); Davis-Bacon Act (40 U.S.C. 276 a to a-7);the Copeland-Anti-Kick Back"Act (18 U.S.C. 874);and the Security and Privacy agreement (42 U.S.G.3701 et seq.)throughout the term of this contract. 8. Contractor and State mutually agree to abide by the conditions and procedures of the Federal Management Circular74-4:costprinciples applicable to grants and contracts with State and local governments. Contractor shall be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1 —15 of the Federal Procurement Regulations. 9. Office of Traffic Safety(OTS),Federal Highway Administration and National Highway Safety Administration reserves the rightto review all activities at reasonable times during the contract period. 10. If a subcontractor is proposed,complete identification of the subcontractor tasks shall be provided.The contractor may not assign or subcontract any portion of the contract without the express written consent of the CHP and Federal agency.The primary contractor is not relieved of any responsibility by virtue of employing a subcontractor.The State will not accept any liability for commitments made to a subcontractor by the prime contractor. 11. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional appropriation of funds,forthe mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the contract were executed after that determination was made. 12. This contract is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the current fiscal year for the purposes of this program. In addition,this contract is subject to any additional restrictions, limitations,or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions,terms or funds of this contract in any manner. 13. ft is mutually agreed that if the Congress does not appropriate sufficient funds for the program,this contract shall be amended to reflect any reduction in funds. 14. The CHP has the option to void the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction of funds. 076-77(Rev 11-91) 6402 EQUAL OPPORTUNITY COMPLIANCE STr.71 EMEENT The contract between the California Highway Patrol and the contractor will contain the statements following below. If a subcontractor is to be employed, the contractor must include a statement of compliance with Equal Opportunity Assurance requirements in that subcontract T During the performance of this contract, the contractor agrees as follows: 41 The contractor will not discriminate against any employee or applicant for employment because of age, religion, race, sax, creed, color or national origin. The contractor will take affir-;ative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the follo-,;ing: employment, upgrading, demotion or transfer, recruit- ment or recruitment advertising, layoffs or termil nation, rate of pay or other forms of compensation, selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for emplot-.ent, notices setting forth the provisions of this nondiscrimination clause. The contractor will., in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreerent or contract or understanding, a notice advising the labor union or worker 's representative of the contractor 's commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will permit access to his books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. In the event of the contractor 's noncompliance with the nondiscrimination clauses of this contract, his contract may be cancelled, terminated or suspended in whole or in part. 6402 STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL DISPUTE RESOLUTION PROVISION By s`gning the contract, contractor agrees to abide by this provision. Any dispute concerning a question of fact arising under the terms of this contract which is not disposed of within a reasonable period of time by the Contractor and state . employees normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution. At the request of either party, the State shall provide a forum for discussion of the disputed item(s) , at which time the Administrative Services Officer, or his/her representative, shall be available to assist in• the resolution by providing advice to both parties as to the State of California, California Highway Patrol, policies and procedures. If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this contract or within a court of competent jurisdiction. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. The mailing address for disputes shall be: Department of California Highway Patrol Business Services Section Contract Management Unit P. O. Box 942898 Sacramento, CA 94298-0001 6402 STATE OF CALIFORNIA CONTRACT REQUIREMENTS FOR CONSULTANT SERVICES STATEMENT OF COMPLIANCE The prospective contractor' s signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2 , California Code of Regulations, Section 8103 . NATIONAL LABOR RELATIONS BOARD Contractor agrees that by signing the contract, does swear under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against that contractor within the immediately preceding two-year period because of the contractor' s failure to comply with an order of a Federal court which orders the contractor to comply with an order of the National Labor Relations Board, (Public Contract Code Section 10296) . AUDIT PROVISION The contracting parties hereto shall be subject to the examination and audit of the State Auditor General for a period of three (3) years after final payment under the contract in accordance with the Government Code Section 10532 . In addition, the contractor may be subject to the examination and audit by representatives of the California Highway Patrol, National Highway Safety Administration, and Office of Traffic Safety. The examination and audit shall be confined to those matters connected with the performance of the contract including, but not limited to the costs of administering the contract. CONTRACTOR EVALUATION If the services total $5, 000 or more, the contractor' s. performance under this contract will be evaluated by the State. The evaluation will be placed on file in the CHP Business Services Section and if the contractor evaluation is unsatisfactory, one copy shall be placed in the central depository of the Department of General Services (DGS) , Office of Legal Services. Upon filing an unsatisfactory contractor evaluation, the State shall notify and send a copy of the evaluation to the contractor within 15 days. The contractor shall have 30 days to prepare and send statements to the State agency and DGS, Office of Legal Services. The contractor' s statement will be filed with the evaluation in the CHP' s contract file and DGS, Office of Legal Services. 6402 Res. No. 6402 STATE OF CALIFORNIA COUNTY OF ORANGE ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of ---July 19 92 by the following vote: AYES: Councilmembers: R e NOES: Councilmembers: None ASSENT: Councilmembers: None My- Mer ana ex-officioK I&F— of the City Council of the City of Huntington Beach, California