HomeMy WebLinkAboutItem 10h - Crime Lab Services
DATE: September 17, 2024
TO: Honorable Mayor and City Council
FROM: Roy Nakamura, Chief of Police
By: Amber Abeyta, Management Analyst
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH THE CITY OF
GLENDALE FOR CRIME LABORATORY SERVICES FOR THE PERIOD
OF JULY 1, 2024, THROUGH JUNE 30, 2027, WITH THE OPTION TO
RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS AT THE CITY
MANAGER’S DISCRETION, IN AN AMOUNT NOT TO EXCEED $75,000
PLUS A $5,000 CONTINGENCY OVER THE INITIAL THREE-YEAR
PERIOD.
CEQA: Not a Project
Recommendation: Waive Formal Bid Process and 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
expired on June 30, 2024. It is recommended that the City Council approve, authorize,
and direct the City Manager to execute, a Professional Services Agreement with Verdugo
for the period of July 1, 2024, to June 30, 2027, with the option to renew for three
additional one-year periods at the City Manager’s discretion, provided the annual rates
stay within normal inflationary increases within any such extension, in an amount not to
exceed $75,000, plus a $5,000 contingency over the initial three-year period.
BACKGROUND
The Verdugo Regional Crime Lab is the only independent crime lab providing full service
to the Los Angeles County region that 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. In 2018, the City established a Professional Services Agreement with Verdugo to
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
Crime Lab Services PSA
September 17, 2024
Page 2 of 4
Los Angeles County. The number of law enforcement agencies served by LASD’s crime
lab typically causes wait times of a few 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 crime, 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 requires a fee.
Rather than experience delays in crime scene processing, it is recommended that the
Department continue to pay for services to obtain better and more timely results, which
may lead to more suspect identification. Response time is also a critical aspect of
investigations and Verdugo has a faster turnaround time 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. The services not covered
by Verdugo include 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.
DISCUSSION
The Police Department’s service requests fluctuate according to the type of investigations
resulting from criminal activity. The Department uses crime laboratory services for
numerous types of cases, including, but not limited to, property crimes and crimes against
persons. Verdugo also assists the Department with cases involving computer forensics,
forensic biology, latent prints, DNA testing, and data entry into the Combined DNA Index
System (“CODIS DNA Database”). Ultimately, agencies that contract with Verdugo for
services receive faster processing times. The processing time is guaranteed to be faster
than LASD, and for time-sensitive cases, this is of the utmost importance to the
investigations process.
The costs of Verdugo’s services range from $200 to $915 depending on test type. For
example, one latent fingerprint examination costs $200; however, a sexual assault DNA
testing process could cost up to $1,500 (refer to attached 2024-25 Pricing Sheet). Based
on past usage, the Department recommends a budget of $25,000 per year, with the option
to renew for three additional one-year periods. Under the draft Agreement (refer to
attached), the City will be able to rollover any unused funds to the following Fiscal Year.
At the end of the three-year period, Glendale can refund the City any remaining balance
or continue to roll-over, if the City extends the contract. In addition, due to the fluctuating
Crime Lab Services PSA
September 17, 2024
Page 3 of 4
pattern of demand for crime lab services, a contingency budget for court-related testimony
and other services will be set at $5,000 for the first three years.
Arcadia Police Department
Verdugo Regional Crime Laboratory Services Budget
Police Investigations – Contract Services
FY 2024-25 (Year 1) $25,000
FY 2025-26 (Year 2) $25,000
FY 2026-27 (Year 3) $25,000
Contingencies $5,000
Total Budget $80,000
All other terms of the Agreement will remain the same. 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 $31,790. 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. It is common for cases to span 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.
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.
FISCAL IMPACT
Sufficient funds ($25,000) for the first year of the Agreement have been allocated in the FY
2024-25 Operating Budget. Future years will be budgeted as needed in the Police
Department’s General Fund Operating Budget.
RECOMMENDATION
It is recommended that the City Council determine that this project is exempt under the
California Environmental Quality Act (“CEQA”); waive the formal bid process; and approve,
authorize, and direct the City Manager to execute, a Professional Services Agreement with
the City of Glendale for crime laboratory services for the period of July 1, 2024, through
June 30, 2027, with the option to renew for three additional one-year periods at the City
Manager’s discretion, provided the annual rates stay within normal inflationary increases
within any such extension, in an amount not to exceed $75,000, plus a $5,000
contingency over the initial three-year period.
Crime Lab Services PSA
September 17, 2024
Page 4 of 4
Attachment: Proposed Professional Services Agreement including Verdugo Regional
Crime Lab Pricing Sheet for 2024-25
AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE CITY OF GLENDALE FOR CRIME LABORATORY SERVICES
1
NAME OF CONTRACTOR: City of Glendale
RESPONSIBLE PRINCIPAL OF
CONTRACTOR:
Manual Cid, Chief of Police
CONTRACTOR'S ADDRESS:
City of Glendale
131 North Isabel Street
Glendale, CA 91206
Attention: Dr. Catherine Nguyen, Laboratory
Director
CITY'S ADDRESS:
City of Arcadia
240 W. Huntington Dr.
Arcadia, CA 91006
Attention: Roy Nakamura, Chief of Police
COMMENCEMENT DATE:
7/1/2024
TERMINATION DATE:
6/30/2027
CONSIDERATION: Not to exceed $75,000
Contingency for additional work not to
exceed $5,000
$5,000. Total not to exceed $80,000.
AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE CITY OF GLENDALE FOR CRIME LABORATORY SERVICES
2
This Agreement is made and entered into this this ____ day of ________, 2024,
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”.
R E C I T A L S
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:
A G R E E M E N T
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.
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 July 1, 2024, through June 30, 2027, 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, 2027:
1) A proposed fee for the Scope of W ork to be effective on July 1,
2027; 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, 2027, 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 $25,000 within 30 days of executing the Agreement.
• For Year Two, Agency shall make a payment to Glendale in the amount
of $25,000 by July 30, 2025.
• For Year Three, Agency shall make a payment to Glendale in the
amount of $25,000 by July 30, 2026.
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, the cost shall be charged to Agency in addition
to the charge(s) for crime laboratory services. The Agency shall reimburse
Glendale all costs associated with the employee’s testimony, at the employee’s
then overtime rate of pay, including:
a. For time spent by the employee preparing for testimony.
b. For time spent by the employee traveling to/from the testimony location.
c. Travel expenses, including airfare and/or mileage (to be paid at the current
IRS rate).
d. The cost of the employee’s meals and lodging if required to stay outside
Los Angeles County.
e. Any other r easonable expenses that may be incurred by Glendale or
the employee in connection with the employee’s testimony.
f. Glendale will invoice the Agency for all costs listed above. The Agency will
pay the invoice within thirty (30) days of the billing date.
3.5. If services are provided pursuant to Section 3.2 (using Exhibit “C” -
Compensation) or Section 3.3 above, Glendale shall invoice Agency as case
reports are issued. 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.
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
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
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.
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 according to the City of Glendale record
retention policy.
(1) Glendale shall provide invoices 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.
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 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: Roy Nakamura, Chief of Police
250 W. Huntington Dr.
Arcadia, CA 91007
Tel. No. 626-574-5185
Fax No. 626-574-5177
GLENDALE: City of Glendale
Police Department
Attention: Dr. Catherine Nguyen, Laboratory Director
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.
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
andcontemporaneous 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.
17.10 Digital Signatures. A signed copy of this Agreement or any amendment
thereto bearing a digital signature, shall be deemed to have the same legal
effect as delivery of an original executed copy of this Agreement or such
amendment thereto for all purposes, and each digital signature should be
given the same legal force and effect as a handwritten signature.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the effective date.
CITY OF GLENDALE:
By Date: , 2024
John Takhtalian
Assistant City Manager
CITY OF ARCADIA:
By Date: , 2024
Dominic Lazzaretto
City Manager
ATTEST:
By Date: , 2024
City Clerk
CONCUR:
By Date: , 2024
Roy Nakamura
Chief of Police
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney-City of Arcadia
Date
Ann Maurer
Chief Assistant City Attorney
Attorney for City of Glendale
Date
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. Small items
c. Cartridge cases
d. Large items (e.g., sweatshirt, shirts, pants, large tools)
c) STR DNA Testing (sexual assault)
a. Evidence swabs
b. Evidence item
d) Latent Print Examination
a. Fingerprint processing
b. Latent Print Evaluation (including LAFIS entry)
c. Latent Print Comparison
e) Firearms Examination (NIBIN Only)
a. Test fire plus entry
b. Entry only
f) Computer Forensic Examination
a. GrayKey processing
b. Storage device (hard drive w/ <1 TB capacity)
c. Additional storage device or 1 TB storage capacity
d. 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
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.
EXHIBIT “C”
COMPENSATION
Arcadia Police Department
Verdugo Regional Crime Laboratory Services Budget
Police Investigations – Contract Services
FY 2024-25 (Year 1)
$25,000
FY 2025-26 (Year 2)
$25,000
FY 2026-27 (Year 3)
$25,000
Contingencies
$5,000
Total Budget
$80,000
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 2024-2025 are listed in the attached Pricing Sheet, effective 7/1/14.