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 P rofessional Services Agreement (“Agreement”) with the City of Glendale’s Verdugo Regional Crime Lab (“Verdugo”) for crime laboratory services, which expired on June 30, 202 4. 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
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 roll over 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
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, t hrough 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
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 m unicipal 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 c ollectively as “Parties”.
R E C I T A L S
WHEREAS, Glendale represents that through its Crime La boratory, also known as the Ve rdugo Regional Crime La boratory (VRCL), it is q ualified in p roviding 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 conside ration of the fo regoing recitals and the mutual covenants contained herein, the parties hereto agree as follows:
A G R E E M E N T
1. Scope o
f Services
1.1. Specified Services. At the request of Agency, Glendale shall perform the crime laboratory s ervices described in Exh ibit “A” at tached hereto and incorporated herein by this reference (“Scope of Work”).
1.2. Glendale shall p rovide a ll personnel, supe rvision, supplies, training, and equipment necessary to perform the a nalysis and serv ices as requirement in this Agreement.
1.3. Pr imary Point of Contact. Glendale will designate a pri mary analyst for th e Agency. To the ext ent possible, and con sistent w ith good la boratory 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 Ag ency, an d Gl endale shall not b e obl igated to pe rform tho se services. If a conflict arises between the body of th is Ag reement 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 Work 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 A gency’s City Co uncil. 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 A gency 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 A gency exceeds 50% of the budget during any given year of the term of th is Ag reement, Glendale will notify the Agency. The Agency may elect to process additional samples in accordance with rates set forth in Exh ibit “C” - Compensation or the Pa rties ma y agree to a s upplementary payment to Glendale to provide crime laboratory services for the balance of the term.
3.4 If court testimony is requested, the cost sha ll be charged to Agency in addition to the charge (s) for crime laboratory services. The Ag ency sha ll reimburse Glendale all costs associated with the employee’s testimony, at the employee’s then overtime rate of pay, including:
a. F
or 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 ot her 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 serv ices a re p rovided pursuant to Se ction 3.2 (using E xhibit “C” - Compensation) or Section 3.3 above, Glendale shall invoice Agency as case reports are issued. Ag ency shall pay Glendale’s invoices w ithin t hirty (3 0) 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 Wit hout Cause. Notwithstanding any ot her 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 m anner p rovided, or ot herwise v iolate any of the terms of this Agreement, the ot her pa rty may im mediately t erminate th is A greement by giving the breaching party written notice of such termination, stating the reason for termination.
4.3 The Pa rties hereto un derstand that th is Agr eement is con tingent upon th e appropriation of suff icient funding by Glendale, which Glendale retains in its absolute and so le d iscretion, for the serv ices cove red by th is Ag reement. If funding is reduced or eliminated by Glendale for the serv ices cove red by this Ag reement, Glendale has the op tion to e ither terminate this Agreement without notice and w ith no liability occurr ing to Glendale or to offer an amendment to th is Ag reement indicating the reduced amount of serv ices that can be provided to Agen cy.
Agen
cy shall b e entit led to receive a pro-rated ref und if t here is insuff icient 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 Ag ency at Agency’s expense a ll materials and work product subject to S ection 9.2 and sha ll subm it to A gency an invoice sho wing the services performed, hou rs wo rked, and cop ies of receipts f or reimbursable expenses up to the date of termination.
4.5 Pay ment Upon Termination. Upon term ination 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 a mount eq ual to the nu mber of hou rs w orked prio r to the term ination multiplied b y t he a pplicable hourl y rat e. Glendale shall a lso be paid and reimbursed for the time and ex pense to deliver to Agency the materials and work product described in Section 4.4.
4.6 Authori ty to Term inate. Ea ch Pa rty’s gov erning body has the aut hority to terminate t his Ag reement. In addition, each Pa rty’s City M anager, 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’ Comp ensation Insu rance. Glendale shall ma intain Wo rkers’ 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 Insu rance. Gl endale s hall maintain or cause to be ma intained the following insurance cove rage: (1) a policy of comme rcial g eneral li ability with limits of liability not less than one million ($1,000,000) per occurrence and two million ($2, 000,000) an nual a ggregate; and (2) a policy of professio nal errors and omissions li ability with lim its of li ability not less t han one million ($1,000,000) per occurr ence/aggregate. The requirements of this section may be satisfied by the provision of similar coverage through a self-insurance program.
5.3. Automobile Insurance. Gl endale s hall maintain or cause to be ma intained 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, Gl endale s hall p rovide a Ce rtificate 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 notwithstand ing the p ro rata risk alloca tion wh ich might otherw ise be i mposed between the parties pursuant to Gove rnment Code section 895.6 , the pa rties ag ree that a ll losses or li abilities incurred by a party shall not be shared pro rata but instead the pa rties agree that pursuant to Government Code section 895.4, each party hereto sha ll fully indemnify and hold each of the ot her parties, their officers, agents and employees, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code sect ion
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 A greement. No party, nor any officer, agent, or employee t hereof 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 rel ationship 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 rel ationship 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 re asonable 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 Gl endale’s e mployees, ag ents, and representatives who p rovide serv ices under this Agreement shall maintain the confidentiality of all persons involved and evidence/information learned in connection with any request for service under th is A greement and sha ll not d isclose an y s uch infor mation 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 ex emptions. Ag ency acknow ledges t hat Glendale has no obligation to notify A gency when a request for reco rds is received.
10.2 Agency shall identify in advance all records, or portions of them, that Agency believes a re ex empt from p roduction under the Public Records Act.
10.3 If Agency claims a privilege against public disclosure or otherwise objects to the records’ disclosure, then:
(1) Ag ency may, w hen notified by Glendale of the request, see k protection from d isclosure by ti mely apply ing for relief in a c ourt of competent jurisdiction; or
(2) At the request of Ag ency, Glendale may e ither decline to pro duce the req uested informati on or redact portions of the documents an d produce the redacted records.
10 .4 If Agency fails to identify one or more protectable documents, in Glendale’s sole discretion, and w ithout its being in b reach of th is Ag reement 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 t he circumstances of the particular case is a r epudiation of this Agreement. Acceptance of any i mproper delivery, service, or pa yment 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 da te on wh ich 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 p roviding writ ten notice to the ot her pa rty, Glendale or Ag ency 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 no ndiscrimination in employment because of race, colo r, ancestry, na tional or igin, 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 p rovision or an y subsequent breach of the s ame or any other term or promise contained in this Agreement.
17.2. Assig nment. Neither pa rty hereto sha ll assign, de legate, or transfer any interest in or duty under this Agreement without the prior writ ten consent of the ot her, and no such transfer shall be of any fo rce or ef fect wha tsoever unless and until the other party shall have so consented.
17.3. Construction. To the fullest ext ent allowed by law, the p rovisions of th is Agreement shall be construed and given effect in a man ner that avoids any violation of stat ue, ordinance, regulation, o r law. The pa rties coven ant 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 af fected, impaired or invalidated t hereby. The parties acknowledge t hat they have each contributed to the making of this Agreement and that, in the even
t of a d ispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one pa rty in favor of the ot her.
The parties acknow ledge t hat 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 a ct of the ot her party, such consent or app roval shall not be unreasonably withheld or delayed.
17.5. No Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to cr eate and the pa rties do not intend to cr eate any r ights in third parties.
17.6 Applicable Law. California’s laws gove rn th is Ag reement’s con struction and inte rpretation. Unl ess th is Ag reement p rovides otherw ise, any reference to laws, o rdinances, rules, o r re gulations include the ir later amendments, modifications, and successor legislation. Any action to enforce the terms of th is Agreement or for the breach the reof shall be brought and tried in Los Ange les or the fo rum nea rest to the Ci ty of Glendale, in Los Angeles County.
17.7. Headings. All headings or captions in this Agreement are for convenience and refe rence only. T hey a re not intended to define or lim it the scope of any term, condition, or provision.
17.8. En tire Agreement. This Ag reement represents the en tire and integ rated agreement betw een the parties. Th is Ag reement supe rsedes a ll prior andcontemporaneous comm unications, negotiations, understandings, promises and ag reements, e ither o ral or writ ten. Neither Ag ency nor Glendale has made any promises o r re presentations, ot her than t hose 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 ess ence of th is 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 WI TNESS WHEREOF, the pa rties hereto have executed th is 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.