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AMENDMENT NO. 1
AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND THE CITY OF GLENDALE
FOR CRIME LABORATORY SERVICES
Contract No. R107025
This Amendment No. 1 ("Amendment No. 1") to the Agreement between City
of Arcadia, a municipal corporation ("Agency") and the City of Glendale, a municipal
corporation ("Glendale"), Contract No. R107025 ("Agreement"), is made and entered into
this 25th day of March 2021, by and between Arcadia and Glendale (collectively,
"PARTIES" or individually, "PARTY").
RECITALS
WHEREAS, on or about January 9, 2019, Agency and Glendale entered into the
Agreement under which Glendale, at the request of Agency, performs specified crime
laboratory services;
WHEREAS, Glendale has performed the crime laboratory services in a
satisfactory manner;
WHEREAS, the Agreement's term is from December 1, 2018 through June 30,
2021, with an option to renew for three additional one-year periods; and
WHEREAS, Agency and Glendale desire to exercise the renewal option and
extend the term of the Agreement for one year to June 30, 2022.
NOW, THEREFORE, Agency and Glendale mutually agree as follows:
1. Paragraph 2.1 of the Agreement is amended to read as follows:
2.1. This Agreement's Term shall be from December 1, 2018 through June 30,
2022, with an option to renew for two additional one-year periods, unless
this terminated earlier in accordance with the provisions of Article 4.
2. Paragraph 2.2 of the Agreement is amended to read as follows:
2.2. Discussions for Renewal Prior to the expiration of this Agreement, the
Parties shall discuss renewal of this Agreement.
2.2.1. In order to facilitate discussions for a continued relationship between the
Parties for a renewal of this Agreement, Glendale shall provide to Arcadia
no later than on January 31, 2022:
1) A proposed fee for the Scope of Work to be effective on July 1, 2022;
and
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2) Proposed rate adjustments for the services set forth in Exhibit C -
Compensation.
2.2.2. The Parties shall reach a preliminary decision, by no later than February
14, 2022, on whether to renew this Agreement and on the renewal fee and
rate adjustments described immediately above. The Parties acknowledge
and agree that said preliminary decision shall be subject to approval by
Agency's City Council.
3. Paragraph 3.2 of the Agreement is amended to read as follows:
3.2. Agency agrees to pay Glendale the stated annual sum set forth below for
the processing of DNA samples submitted by Agency to Glendale for
analysis.
• For Year One, Agency shall make a payment to Glendale in the amount of
$15,000 within 30 days of executing the Agreement.
• For Year Two, Agency shall make a payment to Glendale in the amount of
$15,000 by July 30, 2019.
• For Year Three, Agency shall make a payment to Glendale in the amount
of $15,000 by July 30, 2020.
• For Year Four, Agency shall make a payment to Glendale in the amount of
$ 15,000 by July 30, 2021.
4. Paragraph 15 of the Agreement is amended to read as follows:
All notices, invoices, and payments shall be made in writing and shall be given by
personal delivery, U.S. Mail first class, U.S. Mail certified, courier service,
facsimile or email. Notices, invoices, and payments shall be addressed as
follows:
AGENCY: City of Arcadia
Police Department
Attention: Roy Nakamura, Chief of Police
250 W. Huntington Dr.
Arcadia, CA 91007
Tel. No. 626-574-5185
Fax No. 626-574-5177
Email: rnakamuraca arcadiaca.gov
GLENDALE: City of Glendale
Police Department
Attention: Dr. Catherine Nguyen, Laboratory Director
131 N. Isabel Street
Glendale, CA 91206
Tel. No. 818-937-8667
Fax No. 818-507-0967
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Email: cnguyen a(�glendaleca.gov
All written notices or correspondence sent in the above described manner will be
presumed "given" to a PARTY on whichever date occurs earliest:
(1) The date of personal delivery;
(2) The third (3rd) business day following deposit in the U.S. mail, when sent
by "first class" mail;
(3) The date on which the PARTY or its agent either signed the return receipt
or refused to accept delivery, as noted on the return receipt or other U.S.
Postal Service form, when sent by "certified" mail; or
(4) The date of transmission, when sent by facsimile or email.
At any time, by providing written notice to the other party, Glendale or Agency
may change the place, facsimile number, or email address for giving notice.
5. All other provisions, requirements, terms and conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, Agency and Glendale have caused this Amendment
No. 1 to Contract No. R107025 to be executed by their duly authorized representatives
on the day and year first written above.
CITY OF GLENDALE:
By C % ' Date: 7/k/Z/
Roubik y'olanian
City Manager
By C ` L
Carl Povilaitis
Chief of Police
APPROVED AS TO FORM
NAME: Carmen Merino
TITLE: General Counsel - Police
SIGNATURE:
DATE: t ` -Z-!
3
CITY OF ARCADIA:
BYCIYODate: 2\ t 2 21
Dic Lazzaret • V
City Manager
CONCUR:
By Gr� �, Date: 17, 3/20--)-2-/
-/
Roy Nakamura
Chief of Police
ATTEST:
i
By // Date: 7/23/Z0 2
Linda Rodrig
Assistant City Clerk
APPROVED AS TO FORM
NAME: -- FN f' bJ T5cH
TITLE: CITY ATTOPhjey
SIGNATURE: ...1 e N\
DATE: -119o/.›.01
4
C(ilc2
i\00=70
AGREEMENT BETWEEN THE CITY OF ARCADIA
AND THE CITY OF GLENDALE FOR CRIME
LABORATORY SERVICES
NAME OF CONTRACTOR: City of Glendale
RESPONSIBLE PRINCIPAL OF Carl Povilaitis, Chief of Police
CONTRACTOR:
City of Glendale
CONTRACTOR'S ADDRESS: 131 North Isabel Street
Glendale, CA 91206
Attention: Scott Bickle, Captain
City of Arcadia
CITY'S ADDRESS: 240 W. Huntington Dr.
Arcadia, CA 91006
Attention: Robert T. Guthrie, Chief of
Police
COMMENCEMENT DATE: 12/1/2018
TERMINATION DATE: 6/30/2021
CONSIDERATION: Not to exceed $45,000
Contingency for additional work not to
exceed $5,000
,R,' )7025
AGREEMENT BETWEEN THE CITY OF ARCADIA
AND THE CITY OF GLENDALE FOR CRIME
LABORATORY SERVICES
This Agreement is made and entered into this Ai�, day of J'khuu,cj , 2016-, by
and between the City of Arcadia, a charter city organized under the Constitution and
laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, California 91007 ("Agency") and City of Glendale, also a
municipal corporation, with its principal place of business at 131 North Isabel Street,
Glendale, California 91206 ("Glendale"). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties".
RECITALS
WHEREAS, Glendale represents that through its Crime Laboratory, also known
as the Verdugo Regional Crime Laboratory (VRCL), it is qualified in providing DNA
analysis and other forensic related services for criminal investigations; and
WHEREAS, in the judgment of Agency, it is necessary and desirable to enter into
an agreement with Glendale for crime laboratory services.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants contained herein, the parties hereto agree as follows:
AGREEMENT
1. Scope of Services
1.1. Specified Services. At the request of Agency, Glendale shall perform the
crime laboratory services described in Exhibit "A" attached hereto and
incorporated herein by this reference ("Scope of Work").
1.2. Glendale shall provide all personnel, supervision, supplies, training, and
equipment necessary to perform the analysis and services as requirement
in this Agreement.
1.3. Primary Point of Contact. Glendale will designate a primary analyst for the
Agency. To the extent possible, and consistent with good laboratory
management, the primary analyst will function as a liaison with and oversee
the work submitted by the Agency.
1.4. If Glendale is unable or unwilling to perform any specific services requested
at or within the time specified by Agency, Glendale shall provide reasonable
notice to Agency, and Glendale shall not be obligated to perform those
services. If a conflict arises between the body of this Agreement and
Exhibit "A", the provisions in the body of this Agreement shall control.
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1.5. Extra services, changed work, or other changes to this Agreement may be
authorized only by written amendment to this Agreement.
2. Term
2.1 This Agreement's term shall be from December 1, 2018, through June 30,
2021, with an option to renew for three additional one-year periods, unless
terminated earlier in accordance with the provisions of Article 4.
2.2 Discussions for Renewal
Prior to the expiration of this Agreement, the Parties shall discuss the
renewal of this Agreement.
2.2.1. In order to facilitate discussions for a continued relationship
between the Parties for a renewal of this Agreement, Glendale shall
provide to Agency no later than on January 31, 2021:
1) A proposed fee for the Scope of Work to be effective on July 1,
2021; and
2) Proposed rate adjustments for the services set forth in Exhibit
"C" - Compensation.
2.2.2. The Parties shall reach a preliminary decision, by no later than
February 14, 2021, on whether to renew this Agreement and on the
renewal fee and rate adjustments described immediately above.
The Parties acknowledge and agree that said preliminary decision
shall be subject to approval by Agency's City Council. Upon
renewal, this Agreement may be subject to new or additional terms
and conditions which must be approved in writing by the Parties.
3. Payment
3.1 The Agency understands that Glendale's rates as set forth in Exhibit "C"
which is attached hereto and incorporated herein are subject to change on
an annual basis. Glendale will provide the Agency with notice of any
proposed rate adjustments by May 14th of each Fiscal Year during this
Agreement's term.
3.2 Agency agrees to pay Glendale the stated annual sum set forth below for
each year for the processing of DNA samples submitted by Agency to
Glendale for analysis.
• For Year One, Agency shall make a payment to Glendale in the
amount of$15,000 within 30 days of executing the Agreement.
• For Year Two, Agency shall make a payment to Glendale in the
amount of$15,000 by July 30, 2019.
• For Year Three, Agency shall make a payment to Glendale in the
amount of $15,000 by July 30, 2020.
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3.3 If the Agency exceeds 50% of the budget during any given year of the
term of this Agreement, Glendale will notify the Agency. The Agency may
elect to process additional samples in accordance with rates set forth in
Exhibit "C" - Compensation or the Parties may agree to a supplementary
payment to Glendale to provide crime laboratory services for the balance of
the term.
3.4 If court testimony is requested outside Los Angeles County, the cost shall
be charged to Agency in addition to the charge(s) for crime laboratory
services. The Agency shall reimburse Glendale for the full costs, at the
employee's then current rate of pay, to Glendale of having the witness
testify, including:
a, The full costs of the witness' round trip travel between Glendale and the
place of testimony.
b. The full cost of the witness' salary and benefits while travelling and
stating in the area where he/she is to testify.
c. The full cost of the witness' meals and lodging while travelling to and
from and staying in the area where he/she will testify.
d. Any other expenses that may be incurred by Glendale or the witness
in connection with the witness testimony.
e. Agency shall pay Glendale the balance of the cost for the testimony of
the Glendale employee witness within thirty (30) days after the billing
date on the invoice.
3.5 If services are provided pursuant to Section 3.2 (using Exhibit "C" -
Compensation) or Section 3.3 above, Glendale shall invoice Agency
monthly for services provided in the preceding month. Agency shall pay
Glendale's invoices within thirty (30) days of submission. Late payments
are subject to late penalties and interest.
3.6 Roll-over Funds
Glendale agrees that any remaining funds at the end of each Fiscal Year
will roll-over to the following Fiscal Year and be available to the Agency for
crime laboratory services. The amount of funds rolled-over to the following
Fiscal Year will supplement the Contingency amount explained below.
3.7 Contingency. Agency authorizes an additional amount not to
exceed $5,000 for any work performed by Glendale such as any
services listed in Exhibit "C" - Compensation or work related to court
testimony pursuant to Section 3.4 of this Agreement.
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4. Termination
4.1 Termination Without Cause. Notwithstanding any other provision of this
Agreement, at any time and without cause, either party shall have the right
in its sole discretion, to terminate this Agreement by giving six (6) months
written notice to the other Party.
4.2 Termination for Cause. Notwithstanding any other provision of this
Agreement, should either party fail to perform its obligations hereunder,
within the time and in the manner provided, or otherwise violate any of
the terms of this Agreement, the other party may immediately terminate this
Agreement by giving the breaching party written notice of such termination,
stating the reason for termination.
4.3 The Parties hereto understand that this Agreement is contingent upon the
appropriation of sufficient funding by Glendale, which Glendale retains in its
absolute and sole discretion, for the services covered by this Agreement. If
funding is reduced or eliminated by Glendale for the services covered by
this Agreement, Glendale has the option to either terminate this Agreement
without notice and with no liability occurring to Glendale or to offer an
amendment to this Agreement indicating the reduced amount of services
that can be provided to Agency.
Agency shall be entitled to receive a pro-rated refund if there is insufficient
funding, or if either party chooses to terminate the Agreement during the
fiscal year provided six (6) months' notice to the other Party is given.
4.4 Delivery of Work Product and Final Payment Upon Termination. In the event
of termination, Glendale, within thirty (30) days following the date of
termination, shall deliver to Agency at Agency's expense all materials and
work product subject to Section 9.2 and shall submit to Agency an invoice
showing the services performed, hours worked, and copies of receipts for
reimbursable expenses up to the date of termination.
4.5 Payment Upon Termination. Upon termination of this Agreement by
Agency, Glendale shall be entitled to receive full payment for all services
rendered and expenses incurred hereunder. If services which have been
rendered are to be paid on a per hour basis, Glendale shall be entitled to
receive as full payment an amount equal to the number of hours worked
prior to the termination multiplied by the applicable hourly rate. Glendale
shall also be paid and reimbursed for the time and expense to deliver to
Agency the materials and work product described in Section 4.4.
4.6 Authority to Terminate. Each Party's governing body has the authority to i
terminate this Agreement. In addition, each Party's City Manager, in
consultation with its City Attorney and Chief of Police, shall have the
authority to terminate this Agreement.
5. Insurance
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With respect to performance of work under this Agreement, Glendale shall
maintain insurance as described below.
5.1. Workers' Compensation Insurance. Glendale shall maintain Workers'
Compensation insurance with statutory limits as required by the Labor
Code of the State of California. The requirements of this section may be
satisfied by the provision of similar coverage through a self-insurance
program.
5.2. Liability Insurance. Glendale shall maintain or cause to be maintained the
following insurance coverage: (1) a policy of commercial general
liability with limits of liability not less than one million ($1,000,000) per
occurrence and two million ($2,000,000) annual aggregate; and (2) a policy
of professional errors and omissions liability with limits of liability not less
than one million ($1,000,000) per occurrence/aggregate. The
requirements of this section may be satisfied by the provision of similar
coverage through a self-insurance program.
5.3. Automobile Insurance. Glendale shall maintain or cause to be maintained
automobile liability insurance covering bodily injury and property damage in
an amount no less than One Million Dollars ($1,000,000) combined single
limit for each occurrence. Said insurance shall include coverage for owned,
hired, and non-owned vehicles. The requirements of this section may be
satisfied by the provision of similar coverage through a self-insurance
program.
5.4 Documentation. Upon request, Glendale shall provide a Certificate of
Insurance or Letter of Self-Insurance certifying that the coverages required
by this Agreement have been obtained and will be maintained for the term of
this Agreement.
6. Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise
be imposed between the parties pursuant to Government Code section 895.6,
the parties agree that all losses or liabilities incurred by a party shall not be
shared pro rata but instead the parties agree that pursuant to Government Code
section 895.4, each party hereto shall fully indemnify and hold each of the other
parties, their officers, agents and employees, harmless from any claim, expense
or cost, damage or liability imposed for injury (as defined by Government Code
section 810.8) occurring by reason of the negligent acts or omissions or willful
misconduct of the indemnifying party, its officers, agents, or employees, under or
in connection with or arising out of any work, authority or jurisdiction delegated to
such party under this Agreement. No party, nor any officer, agent, or employee
thereof shall be responsible for any damage or liability occurring by reason of the
negligent acts or omissions or willful misconduct of other parties hereto, their
officers, agents, or employees, under or in connections with or arising out of any
work, authority or jurisdiction delegated to such other parties under this
Agreement.
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7. Authority to Proceed and Force Majeure
The execution of this Agreement shall constitute Glendale's authority to proceed
immediately with the performance of this Agreement. Performance of services
hereunder shall be completed within the time required herein, provided, however
that if the performance is delayed by earthquake, flood, high water, or other Act
of God or by strike, lockout, or similar labor disturbances, the time for Glendale's
performance of this Agreement shall be extended by a number of days equal to
the number of days Glendale has been delayed.
8. independent Contractor Status of Glendale and Agency
8.1. Glendale is, and shall at all times be deemed to be, an independent
contractor. Nothing contained herein shall be construed as creating the
relationship of employer and employee or principal and agent between
Agency and Glendale or any of Glendale's officers, agents or employees.
Glendale, its officers, agents, and employees shall not be entitled to any
rights or privileges of Agency employees and shall not be considered in
any manner to be Agency employees.
8.2 Agency is, and shall at all times be deemed to be, an independent
contractor. Nothing contained herein shall be construed as creating the
relationship of employer and employee or principal and agent between
Glendale and Agency or any of Agency's officers, agents or employees.
Agency, its officers, agents and employees shall not be entitled to any rights
or privileges of Glendale employees and shall not be considered in any
manner to be Glen- dale employees.
9. Records Maintenance, Ownership, and Disclosure
9.1. Glendale shall keep and maintain full and complete documentation and
accounting records concerning all services performed that are compensable
under this Agreement and shall make such documents and records
available to Agency for inspection at any reasonable time upon reasonable
notice. Glendale shall maintain such records for a period of four (4) years
following completion of work hereunder.
(1) Glendale shall provide a quarterly report to the Agency's designated
representative itemizing the services completed by Glendale during the
specified period, funds spent, and balance remaining.
9.2. All original lab reports and supporting documentation shall remain the
property and in the custody of Glendale. Copies of lab reports will be
provided to Agency upon completion of the cases. Copies of other
supporting case documentation shall be provided to Agency only upon
specific request for criminal discovery purposes and/or pursuant to
subpoena or court order.
9.3 Glendale's employees, agents, and representatives who provide services
under this Agreement shall maintain the confidentiality of all persons
involved and evidence/information learned in connection with any request
for service under this Agreement and shall not disclose any such information
without Agency's consent or court order.
10. Public Records Act
10.1 Agency acknowledges that this Agreement is a public record. This
Agreement, its Exhibits, and all documents produced under this
Agreement are subject to the California Public Records Act (Government
Code Sections 6250 et seq.), including its exemptions. Agency
acknowledges that Glendale has no obligation to notify Agency when a
request for records is received.
10.2 Agency shall identify in advance all records, or portions of them, that
Agency believes are exempt from production under the Public Records
Act.
10.3 If Agency claims a privilege against public disclosure or otherwise objects
to the records' disclosure, then:
(1) Agency may, when notified by Glendale of the request, seek
protection from disclosure by timely applying for relief in a court of
competent jurisdiction; or
(2) At the request of Agency, Glendale may either decline to produce
the requested information, or redact portions of the documents and
produce the redacted records.
10.4 If Agency fails to identify one or more protectable documents, in Glendale's
sole discretion, and without its being in breach of this Agreement or its
incurring liability to Agency, Glendale may produce the records— in whole,
in part, or redacted— or may decline to produce them.
10.5 Agency shall indemnify, defend (including Agency's providing and paying
for legal counsel for Glendale), and hold harmless Glendale, its officers,
agents, employees, and representatives from and against all liability,
claims, suits, demands, damages, fines, penalties, costs, or expenses
arising out of or alleging Glendale's refusal to publicly disclose one or more
records that Agency identifies as protectable, or asserts is protectable.
11. Authority
Each undersigned hereby represents and warrants that he or she has authority to
execute and deliver this Agreement on behalf of the party designated above the
undersigned's signature line.
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12. Audit
Upon Agency's reasonable request, Glendale shall make available to Agency
during normal business hours documents permitting an audit of services under
this Agreement. Such documents shall include information relating but not limited
to the following: verifying evidence chain of custody processes, evidence testing
procedures, security and personnel access, and timeframes related to obtaining
results.
13. Statutory Compliance
Glendale agrees to comply with all applicable federal, state, and local laws,
regulations, statutes and policies applicable to the services provided under this
Agreement as they exist now and as they are changed, amended or modified
during the term of this Agreement. Glendale's failure to comply, after notice and
opportunity to cure, shall be cause for termination. Glendale's failure to comply
shall not give rise to liability absent Glendale's willful misconduct or gross
negligence.
14. Demand for Assurance
Each party to this Agreement undertakes the obligation that the other's
expectation of receiving due performance will not be impaired. When reasonable
grounds for insecurity arise with respect to the performance of either party, the
other may in writing demand adequate assurance of due performance and until
such assurance is received may, if commercially reasonable, suspend any
performance for which the agreed return has not been received. "Commercially
reasonable" includes not only the conduct of a party with respect to performance
under this Agreement, but also conduct with respect to other agreements with
parties to this Agreement or others. After receipt of a justified demand, failure to
provide within a reasonable time, but not exceeding thirty (30) days, such
assurance of due performance as is adequate under the circumstances of the
particular case is a repudiation of this Agreement. Acceptance of any improper
delivery, service, or payment does not prejudice the aggrieved party's right to
demand adequate assurance of future performance. Nothing in this section limits
either party's right to terminate this Agreement pursuant to Article 4.
15. Notices
All notices, invoices, and payments shall be made in writing and shall be given by
personal delivery, U.S. Mail first class, U.S. Mail certified, courier service, or
facsimile. Notices, invoices, and payments shall be addressed as follows:
AGENCY: City of Arcadia
Police Department
Attention: Robert T. Guthrie, Chief of Police
9
250 W. Huntington Dr.
Arcadia, CA 91007
Tel. No. 626-574-5185
Fax No. 626-574-5177
GLENDALE: City of Glendale
Police Department
Attention:
Captain Scott Bickle
(for notices and non-payment related
correspondence)
Jay Kreitz, Public Safety Business Administrator
(for payments and payment related
correspondence)
131 N. Isabel Street
Glendale, CA 91206
Tel. No. 818-548-3132
Fax No. 818-507-0967
All written notices or correspondence sent in the described manner will be
presumed "given" to a party on whichever date occurs earliest:
(1) The date of personal delivery;
(2) The third (3rd) business day following deposit in the U.S. mail,
when sent by "first class" mail;
(3) The date on which the PARTY or its agent either signed the return
receipt or refused to accept delivery, as noted on the return receipt
or other U.S. Postal Service form, when sent by"certified" mail; or
(4) The date of transmission, when sent by facsimile.
At any time, by providing written notice to the other party, Glendale or Agency
may change the place, or facsimile number, for giving notice.
16. Nondiscrimination
The parties to this Agreement shall comply with all applicable federal, state,
and local laws, rules, and regulations in regard to nondiscrimination
in employment because of race, color, ancestry, national origin, religion,
sex, marital status, age, medical condition, pregnancy, disability,
sexual orientation or other prohibited basis.
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17. Miscellaneous Provisions
17.1. No Waiver of Breach. The waiver by either Party of any breach of any term
or promise contained in this Agreement shall not be deemed to be a waiver
of such term or provision or any subsequent breach of the same or any
other term or promise contained in this Agreement.
17.2. Assignment. Neither party hereto shall assign, delegate, or transfer any
interest in or duty under this Agreement without the prior written consent of
the other, and no such transfer shall be of any force or effect whatsoever
unless and until the other party shall have so consented.
17.3. Construction. To the fullest extent allowed by law, the provisions of this
Agreement shall be construed and given effect in a manner that avoids any
violation of statue, ordinance, regulation, or law. The parties covenant and
agree that in the event that any provision of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions herein shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby. The parties
acknowledge that they have each contributed to the making of this
Agreement and that, in the event of a dispute over the interpretation of this
Agreement, the language of the Agreement will not be construed against
one party in favor of the other. The parties acknowledge that they have
each had an adequate opportunity to consult with counsel in the negotiation
and preparation of this Agreement.
17.4. Consent. Wherever in this Agreement the consent or approval of one party
is required to an act of the other party, such consent or approval shall not
be unreasonably withheld or delayed.
17.5. No Third Party Beneficiaries. Nothing contained in this Agreement shall be
construed to create and the parties do not intend to create any rights in
third parties.
17.6 Applicable Law. California's laws govern this Agreement's construction
and interpretation. Unless this Agreement provides otherwise, any
reference to laws, ordinances, rules, or regulations include their later
amendments, modifications, and successor legislation. Any action to
enforce the terms of this Agreement or for the breach thereof shall be
brought and tried in Los Angeles or the forum nearest to the City of
Glendale, in Los Angeles County.
17.7. Headings. All headings or captions in this Agreement are for convenience
and reference only. They are not intended to define or limit the scope of
any term, condition, or provision.
17.8. Entire Agreement. This Agreement represents the entire and integrated
agreement between the parties. This Agreement supersedes all prior and
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contemporaneous communications, negotiations, understandings, promises
and agreements, either oral or written. Neither Agency nor Glendale
has made any promises or representations, other than those contained in
this Agreement or those implied by law. The parties may modify this
Agreement, or any part of it, by a written amendment with Glendale's and
Agency's signature.
17.9. Time of Essence. Time is and shall be of the essence of this Agreement
and every provision thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
effective date.
CITY OF GLENDALE:
By s''= Date: i24/ , 2018
Yasmi- . Beers
City Manager
CITY OF • : _Dl ;
Date: 1--;-��� , 201
Dominic azzare • 11
City Manager
ATTEST:
B. t e,+ 0'91 Date: (- (4hxuIC , 201
y
- Lisa ' uenden
Chief Deputy City Clerk
CONCUR:
By
Date: I I z )
Rob- • Guth 'e
Chie of Poli'e
12
CITY O G}LiN \ALE APPROVED AS TO FORM:
DATE I Z W -20(1
1177:+ ) MOUNT: # ' Q90 te1''4" ` Stephen P. Deitsch
MED BY FINANCE: i���/ �i City Attorney-City of Arcadia
Date
Carme :. erino
General Counsel - Police
Attorney for City of Glendale
Date
13
EXHIBIT A
SCOPE OF SERVICES
The Agency will use Glendale's crime laboratory services on an as-needed basis
to include:
a) Body Fluid Testing (e.g., blood, semen, saliva)
a. Body fluid testing Only (e.g., swabs)
b. Small items (e.g., small tools, shoes, etc.)
c. Large items (e.g., bedding, large clothing)
b) STR DNA Testing
a. Evidence swabs
b. Reference swabs
c. Small items
d. Cartridge cases
e. Large items (e.g., sweatshirt, shirts, pants, large tools)
c) STR DNA Testing (sexual assault)
a. Evidence swabs
b. Kits
d) Latent Print Examination
a. Fingerprint processing
b. Latent Print Evaluation (including LAFRS entry)
c. Latent Print Comparison
e) Firearms Examination (NIBIN Only)
a. Test fire plus entry
b. Entry only
f) Computer Forensic Examination
a. Storage device (hard drive w/ <1 TB capacity)
b. Additional storage device or 1 TB storage capacity
c. Smart phone or tablet
g) Expedited Processing Fees
a. 15 day processing TAT: 25% surcharge
b. 10 day processing TAT: 50% surcharge
h) Court Testimony
i) Hourly Processing
j) Enter DNA profiles into CODIS
14
EXHIBIT B
SCHEDULE OF SERVICES
The Schedule of Services shall be performed during the term of this Agreement.
The term may be extended by mutual written agreement of the Parties on a year-
by-year basis for a maximum of three (3) one (1) year additional terms, pursuant to
Section 2 of this Agreement.
15
EXHIBIT C
COMPENSATION
Arcadia Police Department
Verdugo Regional Crime Laboratory Services Budget
Police Investigations —Contract Services
FY 2018-19 (Year 1) $15,000
FY 2019-20 (Year 2) $15,000
FY 2020-21 (Year 3) $15,000
Contingencies $5,000
Total Budget $50,000
The Agency shall request crime laboratory services from Glendale according to the
rates set forth by Glendale and listed in Glendale's annual Pricing Sheet. The most
current rates for 2018-2019 are listed in the attached Pricing Sheet, effective
7/1/18.
16
2018-2019 Pricing Sheet{effective.7/1/18)
GLENDALE POLICE DEPARTMENT
Verdugo Regional Crime Laboratory
13:North Isabel Sweet,Zlendale,CA 9106
Please check appropriate bodes
COST I QTY TOTAL
'C,g8Trif i
I aim for 07ee pntaaa 6ia:t}'4c ,estariar;e.itabla:or II#At,tacan�. ta6vdce prawapnoe:a:srawt.sn tart6ty fort F¢o:s¢u a r:.ao4
aag'it asman.
C a. Body Fluid Testing Only(e.g.swabs( 81SO/item
C b. 4ma5r Items se,g.small tools,shoes,etc,) $200/item
C c. Large Stems,e.g.bedding,large clothaa,etc.( 53CC/item
STR DATA :t`.. 1`i s3
STiC:uQG:w.,ra<.acn.�1fnnS'.m.^.m.ASp:�._AL.r.1;:L•'.y,GrDbalP:ai t T�^¢23: 'S..G[:i}itES:-.Yepxri,Sa^:lea'wax I.OG:S antlf
Ca. Evidence Swabs a•««.,««..n,««.«««„u«u«.,,,««„«««««,,,,..,«,,,,,,,,,,,,,,,,«.«..«.,«,«..,. w S.S0 swab
O b. Reference swabs } S:XJ swab
r_ua i m- £Vt4orCC wr,suras,w:armr Ofl. If apptice b.c.....ta:_c•presuspti+a eoa5raac rr ta:or.jltt Qa jaterce of blood a<._,a sena¢.
liciP000.ra q.oca5oe oa,map.&oraz ua OI OVtri"':lar r¢.tppeoy.. arpze;an::.report.re tCW mss CODi9 esstry.
«
Cc. Shoat:Item.«« „«... .«..«..«..,,,«......««..,..,...,..«.«,«_,.,.«...,««._«.«,«.,8'aF0Juba«.,«,._.« .....,«««.««„«««.. ««,.,.,,..«....«.
C d. Caritidge cases $600/item
• e. Lara hew(e.g.,sweatshirt,shirts,pants,large mo.s} $660/itrm
i
rrrlucco avat+ � b0405ta¢,quay azi:.^„auptSCE os:a-.isg G:tbaittettdt,typirj..satarpraadcn.report,renew ar x c 7r.3 e->rr
C a. E%.derceswabs=me1udes2fractions:4 $62Sisamp)e«.«,««.«..............«,«,...�. ............,..«..,..««...,
b. Elt Pate(3 swabs+reference( .l 100 9tdt
X4.",1 Pian rsiuutaatr a
C a- Finger/Ain*processing ( 8156/item
C b. Latent Print Evaluation(includes L.FlS enxr)y $50'card
C c. Latent Print Cowper son
innotansiftwaiiiiitio4Numoz3
Cm a.Test fire plus entry $150 jitem
C b.Entry only $?S;ea
etG Pow EasmieattoA
C a. Storage device thud drtva w/ 1 TB capacity) $550/ea
C b. Additional storage device or 1 TB storage capacity' 52S0'ea
C e. Sanaa pbaaaortablet $350/ea
aed lrF ac. a•eF i,
a 15 day proceaa1a$TAT: 25%saw
D 10 day pracasatig'1AT: 60%su cbarpa
Q court T.etlasomy !c'T - ten•
O Hours Processing 1 CT Fsta
17