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AGREEMENT
BETWEEN THE
CITY OF ORANGE
AND THE
COUNTY OF ORANGE
THIS AGREEMENT is entered into this First day of April, 2022, which date is enumerated for purposes of reference only, by and between the CITY OF ORANGE, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for enhanced fingerprint examiner and related services for major crimes; and WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sections 51301 and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS
SECTION PAGE
A. Term 3
B. Optional Termination 3
C. Regular Services by COUNTY 3
D. Duties of CITY 5
E. Payment 5
F. Notices 7
G. Status of COUNTY 8
H. State Audit 9
I. Alteration of Terms 9
J. Indemnification 9
Signature Page 11
Attachment A: County Billing Policy
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A. TERM:
The term of this Agreement shall be for three (3) years, commencing July 1, 2022 and terminating June 30, 2025 unless earlier terminated by either party in the manner set forth herein.
B. OPTIONAL TERMINATION:
COUNTY or CITY may terminate this Agreement, without cause, upon ninety (90) days written notice to the other party.
C. REGULAR SERVICES BY COUNTY:
1. COUNTY, through its Sheriff-Coroner Department, hereinafter referred to as “SHERIFF”, shall render to CITY enhanced fingerprint examination and related services for criminal investigations as provided in Subsection C-2 and C-3 below. Criminal investigations include, but may not be limited to, homicide, aggravated assault, sexual assault, property crimes, etc. and the services provided by COUNTY pursuant to this Agreement shall be limited to fingerprint examination and related services for said crimes committed within the city limits of CITY. COUNTY shall provide the services described herein for such crimes when requested by CITY’s designated police staff, to the extent that requested services reasonably can be provided by the SHERIFF personnel assigned to provide services he reunder within the working hours specified herein.
2. SHERIFF shall provide all staffing, supervision, management, training, services, supplies and equipment necessary to deliver services as provided in this Agreement. Services will include court testimony b y assigned SHERIFF staff pertaining to the fingerprint examination and related services provided pursuant to this Agreement.
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C. REGULAR SERVICES BY COUNTY: (Continued)
3. SHERIFF shall provide CITY with services as follows:
a. One (1) Lead Forensic Specialist –The Lead Forensic Specialist will be a dedicated position, assigned to CITY’s Police Department casework on a full-time basis to conduct fingerprint examinations, automated Fingerprint Identification System tenprint and latent fingerprint entry and related services that support the operation of CIT Y. Office hours will be eight hours per day Monday through Friday, served at the SHERIFF’s Brad Gates Forensic Science Center, unless a different work schedule is requested by CITY and approved by SHERIFF. “Assignment on a full time basis” means that the assigned COUNTY employee will devote 80 hours per two-week pay period, less paid holidays, vacation, sick leave and other types of short -time paid leave available to said employee pursuant to applicable COUNTY personnel policy, providing services pursuant to this Agreement. If the assigned COUNTY employee takes vacation or other leave for a period in excess of 10 successive working days, SHERIFF shall assign another employee of similar rank and skill level to perform services hereunder for the remainder of the assigned employee’s extended leave.
4. Supplies and Processing
a. COUNTY will provide supplies needed for fingerprint examination and related services conducted by SHERIFF.
Included in the supplies to be provided by COUNTY will be digital media submitted by SHERIFF to the SHERIFF’s photo lab, in conformance with existing SHERIFF’s policies.
b. Digital media supplies for cases investigated by CITY personnel are not included in the services and supplies to be provided by COUNTY pursuant to this Agreement, but may be provided, at the option of the SHERIFF, upon payment by CITY of the full additional costs thereof.
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D. DUTIES OF CITY:
1. CITY and its police personnel shall cooperate with and appropriately assist SHERIFF personnel providing services pursuant to this Agreement, so as to further the Parties’ shared goal of ensuring that fingerprint examinations for crimes committed in CITY are conducted accurately, efficiently and in a timely fashion, in accordance with the highest professional standards.
E. PAYMENT:
1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the costs of the services, equipment and supplies provided by COUNTY pursuant to this Agreement. Said costs include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, department and COUNTY Overhead.
2. The cost of regular services , equipment and supplies provided by COUNTY for the period from July 1, 2022 through June 30, 2023 shall be as follows:
SERVICE COST OF SERVICE
Personnel Costs:
One (1) Lead Forensic Specialist $ 198,614
TOTAL COST $ 198,614.
3. COUNTY shall invoice CITY monthly. During the period July 1, 2022 through June 30, 2023 said invoices will require payment by City of one-twelfth (1/12) of the cost for services referenced in paragraph E-2 of this Agreement.
4. a. Each fiscal year, SHERIFF shall submit to CITY , in writing, a recommended level of service and an estimate of the costs to COUNTY of providing said services to CITY in the following fiscal year. Said estimate shall reflect the full anticipated costs to COUNTY of providing said services, equipment and supplies and shall be computed by SHERIFF In accordance with current COUNTY cost data. Within thirty days after receipt of said cost estimate, CITY shall transmit to SHERIFF its written
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E. PAYMENT: (Continued)
acceptance or rejection of said estimates. CITY’s Chief of Police is hereby authorized to determine whether to accept or reject said cost estimates. b. If CITY accepts said cost estimate, then SHERIFF or her designee, on behalf of COUNTY , and CITY’s Chief of Police , on behalf of CITY, are authorized to execute a written amendment to this Agreem ent reflecting the service level and CITY’s obligation to pay said cost for the ensuing fiscal year. Said amendment shall not change other terms and conditions of this Agreement, except the service level and cost, unless first approved by COUNTY’s Board o f Supervisors and CITY’s Council. SHERIFF and CITY’s Chief of Police shall cause originals of any amendments to this Agreement that are executed to be filed with COUNTY’s Clerk of the Board of Supervisors and CITY’s Clerk immediately upon execution. c. If the Parties are unable to agree by June 30 of any fiscal year on the level of service to be provided by COUNTY to CITY or on the amount to be paid by CITY for services to be provided by COUNTY for the following fiscal year, this Agreement will terminate as of September 30, of the following fiscal year. The period of July 1 through September 30 , if applicable, provides the Parties up to the date of termination on September 30 to continue contract negotiations. During said period of continuing negotiations July 1 through September 30, COUNTY will provide the level of service provided in the preceding fiscal year, and CITY shall be obligated to pay the cost of such services provided in the prior fiscal year.
The full cost of such services may exc eed the cost of similar services provided in the prior fiscal year.
5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, which is attached hereto as Attachment A, and incorporated herein by this reference.
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E. PAYMENT: (Continued)
6. COUNTY shall charge CITY late payment penalties in accordance with COUNTY Board of Supervisors’ approved County Billing Policy.
7. The cost of potential future salary and benefit increases or decreases are not included in the costs set forth in Subsection E-2 of this Agreement. If COUNTY incurs or becomes obligated to pay for any such increases for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the cost of service set forth in Subsection E-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 20 22, and CITY’s cost of service hereunder s hall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro -rata basis over the portion of the period between July 1, 2022 and June 30, 2023 remaining after COUNTY notifies CITY that increases are payable.
In the event that salaries and benefits costs for COUNTY employees decrease for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall notify CITY of decreased cost and bill accordingly.
F. NOTICES:
1. Except for the notices provided for in subparagraph 2 of this paragraph, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:
CITY: LIEUTENANT - ADMINISTRATION
ORANGE POLICE DEPARTMENT
300 E. CHAPMAN AVE.
ORANGE, CA 92866
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F. NOTICES: (Continued)
COUNTY: DIRECTOR
ORANGE COUNTY CRIME LABORATORY
SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET
SANTA ANA, CA 92703
LAW ENFORCEMENT CONTRACT MANAGER
SHERIFF-CORONER DEPARTMENT
FINANCIAL/ADMINISTRATIVE SERVICES DIVISION
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703
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2. Termination notices shall be effective when written and deposited in the United States mail, c ertified, return receipt requested and addressed as above.
G. STATUS OF COUNTY:
COUNTY is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees.
Nothing herein contained shall be construed as creating the relationship of employer, or principal and agent, between COUNTY and any of CITY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement.
COUNTY, its agents and employees, shall not be entitled to any rights or
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G. STATUS OF COUNTY: (Continued)
privileges of CITY employees and shall not be considered in any manner to be CITY employees. CITY, its agents and employees shall not be entitled to any rights or privileges of CO UNTY employees and shall not be considered in any manner to be COUNTY employees.
H. STATE AUDIT:
Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three -year period, except that records pertaining to any audit then in progress, or any claim or litigation shall be retained beyond said three-year period until final resolution of said audit, claim or litigation.
I. ALTERATION OF TERMS:
This Agreement fully expresses all understanding of CITY and COUNTY with respect to this subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.
J. INDEMNIFICATION:
1. COUNTY, its elected and appointed officials, officers, employees, agents, subcontractors, independent contractors and those special districts and agencies for which COUNTY’s Board of Supervisors acts as the governing Board (“COUNTY INDEMNITEES”) shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public s treet or work or property of CITY, or for any illegality or unconstitutionality of state statutes or CITY’s
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J. INDEMNIFICATION: (Continued)
municipal ordinances. CITY agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold all COUNTY INDEMNITEES harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by City and including those based or asserted upon the condition of any public street or work or property of CITY, or upon the illegality or unconstitutionality of any state statute or municipal ordinance of CITY of which SHERIFF has investigated an alleged or actual violation, or upon any act or omission of CITY, its officers, agents, employees, subcontractors and independent contractors related to this Agreement. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent activ e negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
2. COUNTY agrees to defend, indemnify, and hold CITY, and its elected and appointed officials, officers, employees, agents, subcontractors and independent contractors harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this agreement. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that l iability will be apportioned as determined by the court. Neither party shall request a jury apportionment.
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ATTACHMENT A
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services pr ovided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre -judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.
II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.
B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County o f the materials and/or services.
Examples of such one -time, non -recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing cont aining certain city-requested data. Payment due date shall be invoice date plus 30 days.
B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued accord ing to the following frequency:
1. Annual Billings that total $10,000 or less per 12 -month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be is sued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.
2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12 - month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.
3. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in monthly installments. Monthly invoices will be issued r epresenting the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.
An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.
IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non -recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.
B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall repre sent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.
Examples of actual cost contracts for the ongoing, recurring provision o f materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall b e at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)
VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the Co unty to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow -up and processing of d elinquent notices, increased accounting costs, etc.
Late charges will be assessed in the following situations:
Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
Payments transm itted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.
The late charge assessed in each of these situations shall be three -quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three -quarters of one percent (0.75%) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and in voiced to the contracting entity in accordance with this policy.
VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non -payment of invoices and applicable late charges will constitute a breach of contract for which the County ret ains all legal remedies including termination of the contract.
VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one -quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.
If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.
IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be rec lassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be mad e by Auditor -Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/d epartment/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.
XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.
XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be su bmitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a Co unty agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT o f the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.