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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.