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HomeMy WebLinkAboutItem 11f - Crime Lab ServicesDATE: June 1, 2021 TO: Honorable Mayor and City Council FROM: Roy Nakamura, Chief of Police By: Dr. Jennifer Brutus, Sr. Management Analyst SUBJECT: AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF GLENDALE FOR CRIME LABORATORY SERVICES IN THE AMOUNT OF $15,000 Recommendation: Approve SUMMARY The City has a Professional Services Agreement (“Agreement”) with the City of Glendale’s Verdugo Regional Crime Lab (“Verdugo”) for crime laboratory services, which expires on June 30, 2021. It is recommended that the City Council approve, authorize, and direct the City Manager to execute an amendment to the Professional Services Agreement with Verdugo for Fiscal Year 2021-22, in the amount of $15,000. BACKGROUND In 2018, the City established a Professional Services Agreement with Verdugo so that it could receive expedited crime laboratory services, primarily for DNA and fingerprint testing. In addition to Verdugo’s services, the Department also receives crime laboratory services through the Los Angeles County Sheriff’s Department (“LASD”). Although LASD processes requests free-of-charge, they do so for over 88 law enforcement agencies in Los Angeles County, which causes detectives to often wait months and in some cases up to a year for results. The Verdugo Regional Crime Lab was established in 2012 to assist the criminal justice community in analyzing evidence taken from crime scenes. Verdugo provides relief to LASD’s immense DNA-testing backlog in violent and property crime, and other police investigations. Due to limited resources, LASD limits the amount of items that an agency can submit for property crimes to two per case. For instance, if a residential burglary resulted in six items for possible fingerprint detection, the detective must narrow the selection to two or submit all the units for testing through Verdugo, which would require a fee. Rather than relying on luck, it is recommended that the Department continue paying Professional Services Agreement Amendment for Crime Lab Services June 1, 2021 Page 2 of 4 for services and obtain a greater return on results, which can lead to more suspect identification. Response time is also a critical aspect of investigations and Verdugo has a faster turnaround than LASD. While the Department relies heavily on Verdugo for DNA and fingerprint testing, it also depends on LASD for service areas not covered by Verdugo such as testing of blood alcohol levels, toxicology, forensic alcohol, firearm identification and comparison, trace evidence such as fibers or glass detection, and controlled substances. Thus, the Department’s crime laboratory needs are effectively met through use of both Verdugo and LASD. The Verdugo Regional Crime Lab is the only independent crime lab providing full service to the Los Angeles County region and is certified by the FBI and the American Society of Crime Laboratory Directors/Laboratory Accreditation Board-International. Verdugo is comprised of the Forensic Biology Unit, Computer Forensics Unit, and Forensic Services Unit. Three examiners staff the DNA lab while four examiners service the Forensics Unit, which includes National Integrated Ballistic Information Network (NIBIN) testing, Crime Scene Processing and Latent Prints; and four examiners work the Computer Forensics Lab. The lab also provides training to law enforcement officers and detectives in crime scene investigation and evidence collection and preservation. DISCUSSION For Fiscal Year 2020-21, the Department has spent approximately $13,000 on Verdugo’s crime lab services and expects to use the full allocation of $15,000 by the end of the Fiscal Year. Over the years, the funds have been well spent as utilizing Verdugo has contributed to APD’s suspect identification and criminal apprehension. Below are three narrative summaries for cases in which Verdugo’s services made a positive impact: A 44-year-old Temple City resident was walking on the sidewalk in the 2300 block of South Santa Anita Avenue, at about 8:40 PM, on Friday September 7, 2018. An unknown male suspect attacked the woman, drug her behind some tall bushes, and sexually assaulted her. The Verdugo Crime Lab rushed the DNA test, and the suspect was identified within 15 days. The suspect fled to New Mexico after the assault, where he was ultimately arrested and extradited to stand trial. The suspect was also responsible for a similar sexual assault in South El Monte that occurred in 2017. The suspect was sentenced to 31 years to life. Officers responded to a residential burglary alarm in the 1100 block of Singing Wood Drive, at approximately 7:00 AM, on March 2, 2019. A responding officer pursued a suspicious vehicle fleeing the area until the suspect crashed into an electrical pole, fled on foot, and was ultimately arrested. Officers determined the home had been ransacked and a suspect was likely cut by broken glass at the scene. Verdugo Crime Lab processed samples collected at the scene, and two of Professional Services Agreement Amendment for Crime Lab Services June 1, 2021 Page 3 of 4 the three suspects were identified through DNA. The DNA of one of the suspects also matched in a criminal case being investigated by another law enforcement agency. Officers responded to a shots fired call in the 100 block of Colorado Place, at about 1:40 AM, on October 18, 2020. Officers determined at least two suspects were shooting at each other, and they fled before officers arrived. Officers recovered several pieces of evidence, including a handgun and a handgun magazine, which were processed for DNA evidence. The Verdugo Crime Lab matched DNA to two suspects. One was a named suspect and the other suspect’s DNA matched two other criminal cases being investigated by another law enforcement agency. The current Agreement includes an option to renew for three additional one-year periods and Fiscal Year 2021-22 will constitute the first extension. Verdugo provided the City with its new price list (see Proposed Amendment No. 1 to Professional Services Agreement) and most rates have increased since 2018 (anywhere from 11% to 150%). The Department’s most common service requests, a swab test of body fluid, is the same rate of $150 per item. However, body fluid testing from small objects such as a small tool, shoes, or hair evaluation has increased from $200 to $275 per item, and $300 to $400 for larger items such as large clothing and bedding. DNA evidence swab testing has also increased by $50 per swab (from $450 to $500) and latent fingerprint examinations have increased by $100 per item ($150 to $250). A rape case could easily cost the City a minimum of $2,000 as it costs $650 per sexual assault evidence swab and cases often involve a variety of testing needs (see Attachment: Verdugo Regional Crime Lab Pricing Sheet for 2021-22). Overall, this is viewed as a reasonable cost for this service, given the high cost of forensic technology and staffing. Over the past three years, Verdugo’s operations costs have also increased as the Lab continues to provide state-of-the-art technology and highly trained staff to support the forensic needs of the criminal justice community. With costs increasing, the City will be extra judicious in deciding whether it is necessary to use the paid services of Verdugo vs. the free services offered by LASD. As a result, the overall annual cost is not expected to increase. All other terms of the Agreement will remain the same; as such our account with Verdugo will continue to operate like a credit. Verdugo will continue to roll-over the City’s account balance to the following fiscal year as the funds do not expire. Currently, the City’s account balance with Verdugo is approximately $18,000. Since Verdugo does not charge the City until a case is finally closed, the Department has several open cases, which will be debited on a future date. Many cases can spread across multiple Fiscal Years as they make their way through the judicial process. Thus, it is important for the City to maintain Verdugo’s services for both open and future cases. Professional Services Agreement Amendment for Crime Lab Services June 1, 2021 Page 4 of 4 ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. FISCAL IMPACT The amendment to the Agreement will cost the City $15,000 for Fiscal Year 2021-22. This amount has been budgeted in the City’s Fiscal Year 2021-22 Operating Budget. RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute an amendment to the Professional Services Agreement with the City of Glendale for crime laboratory services in the amount of $15,000. Attachments: Proposed Amendment No. 1 to the Professional Services Agreement Verdugo Regional Crime Lab Pricing Sheet for 2021-22 12 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 13 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: rnakamura@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 Email: cnguyen@glendaleca.gov 14 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 Date: Roubik Golanian City Manager By Carl Povilaitis Chief of Police APPROVED AS TO FORM NAME: __________________________ TITLE: __________________________ SIGNATURE: _____________________ DATE: __________________________ 15 CITY OF ARCADIA: By Date: Dominic Lazzaretto City Manager CONCUR: By Date: Roy Nakamura Chief of Police ATTEST: By Date: Linda Rodriguez Assistant City Clerk APPROVED AS TO FORM NAME: __________________________ TITLE: __________________________ SIGNATURE: _____________________ DATE: __________________________ COST QTY TOTAL o a. Body Fluid Testing Only (e.g. swabs)$150/item o b. Small Items (e.g. small tools, shoes, hair evaluation, etc.)$275/item o c. Large Items (e.g. bedding, large clothing, etc.)$400/item o a. Evidence Swabs $500/swab o b. Reference swabs $350/swab o c. Small Item (e.g. small tools, shoes, hairs, etc.)$650/item o d. Cartridge cases (standard calibers)$700/item o e. Cartridge cases (non-standard calibers e.g. rifle ammo)$825/item o f. Large Item (e.g., sweatshirt, shirts, pants, large tools, etc.)$750/item o a. Evidence swab (includes 2 fractions)$650/sample o b. Evidence item - differential processing (2 fractions)$300/sample o a. Fingerprint processing $250/item o b. Latent Print Evaluation (includes AFIS entry)$125/card o c. Latent Print Comparison (for each named individual)$275/print o a. Test fire plus entry $225/item o b. Entry only $150/ea o a. GrayKey processing $550/ea o b. Storage device (hard drive w/ <1 TB capacity)$750/ea o c. Additional storage device or 1 TB storage capacity $275/ea o d. Smart phone or tablet $575/ea o 15 day processing TAT: 25% surcharge o 10 day processing TAT: 50% surcharge o Court Testimony (outside of Los Angeles County)OT Rate + Expenses o Hourly Processing OT Rate o Case Evaluation (required; minimum 3 hours) $150/hr o Additional Validation Testing $200/hr Cold Case/Post-Conviction Cases** ** Please contact Laboratory Director Catherine Nguyen (cnguyen@glendaleca.gov) for additional information. Expedited Processing Fee Miscellaneous Evaluation of item for the presence of biological material suitable for DNA testing. Includes presumptive/confirmation testing for the presence of blood and/or semen. Latent Print Examination Computer Forensic Examination Firearms Examination (NIBIN Only) Includes evaluation, extraction, quantitation, amplification using GlobalFiler kit, typing, interpretation, report, review and CODIS entry. Body Fluid Testing STR DNA TESTING Includes extraction, quantitation, amplification using GlobalFiler Kit, typing, interpretation, report, review and CODIS entry. Evaluation of evidence for touch/wearer DNA. Extraction quantification, amplification using GlobalFiler kit, typing, interpretation, report, review and CODIS entry. STR DNA TESTING - Sexual Assault Please check appropriate boxes GLENDALE POLICE DEPARTMENT Verdugo Regional Crime Laboratory 131 North Isabel Street, Glendale, CA 91206 2021-2022 Pricing Sheet (effective: 7/1/2021)