1 AGREEMENT
2 BETWEEN THE
3 CITY OF ORANGE
4 AND THE
5 COUNTY OF ORANGE
6 7 THIS AGREEMENT is entered into this First day of April, 2025, which date 8 is enumerated for purposes of reference only, by and between the CITY OF ORANGE, 9 hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision 10 of the State of California, hereinafter referred to as “COUNTY”. 11 WITNESSETH:
12 WHEREAS, CITY wishes to contract with COUNTY for enhanced 13 fingerprint examiner and related services for major crimes; and 14 WHEREAS, COUNTY is agreeable to the rendering of such services, as 15 authorized in Government Code Sections 51301 and 55632, on the terms and conditions 16 hereinafter set forth,
17 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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2751121
1 2 TABLE OF CONTENTS
3 4 SECTION PAGE
5 A. Term 3
6 B. Optional Termination 3
7 C. Regular Services by COUNTY 3
8 D. Duties of CITY 5
9 E. Payment 5
10 F. Notices 7
11 G. Status of COUNTY 8
12 H. State Audit 9
13 I. Alteration of Terms 9
14 J. Indemnification 9
15 Signature Page 11
16 Attachment A: County Billing Policy
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2761122
2771123
1 A. TERM:
2 The term of this Agreement shall be for three (3) years, commencing July 1, 2025 3 and terminating June 30, 2028 unless earlier terminated by either party in the 4 manner set forth herein.
5 B. OPTIONAL TERMINATION:
6 COUNTY or CITY may terminate this Agreement, without cause, upon ninety (90) 7 days written notice to the other party.
8 C. REGULAR SERVICES BY COUNTY:
9 1. COUNTY, through its Sheriff-Coroner Department, hereinafter referred to as 10 “SHERIFF”, shall render to CITY enhanced fingerprint examination and 11 related services for criminal investigations as provided in Subsection C-2 and 12 C-3 below. Criminal investigations include, but may not be limited to, 13 homicide, aggravated assault, sexual assault, property crimes, etc. and the 14 services provided by COUNTY pursuant to this Agreement shall be limited to 15 fingerprint examination and related services for said crimes committed within 16 the city limits of CITY. COUNTY shall provide the services described herein 17 for such crimes when requested by CITY’s designated police staff, to the 18 extent that requested services reasonably can be provided by the SHERIFF 19 personnel assigned to provide services hereunder within the working hours 20 specified herein.
21 2. SHERIFF shall provide all staffing, supervision, management, training, 22 services, supplies and equipment necessary to deliver services as provided 23 in this Agreement. Services will include court testimony by assigned 24 SHERIFF staff pertaining to the fingerprint examination and related services 25 provided pursuant to this Agreement.
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2781124
1 C. REGULAR SERVICES BY COUNTY: (Continued)
2 3. SHERIFF shall provide CITY with services as follows:
3 a. One (1) Lead Forensic Specialist –The Lead Forensic Specialist will be a 4 dedicated position, assigned to CITY’s Police Department casework on a 5 full-time basis to conduct fingerprint examinations, automated Fingerprint 6 Identification System tenprint and latent fingerprint entry and related 7 services that support the operation of CITY. Office hours will be eight 8 hours per day Monday through Friday, served at the SHERIFF’s Brad 9 Gates Forensic Science Center, unless a different work schedule is 10 requested by CITY and approved by SHERIFF. “Assignment on a full time 11 basis” means that the assigned COUNTY employee will devote 80 hours 12 per two-week pay period, less paid holidays, vacation, sick leave and other 13 types of short-time paid leave available to said employee pursuant to 14 applicable COUNTY personnel policy, providing services pursuant to this 15 Agreement. If the assigned COUNTY employee takes vacation or other 16 leave for a period in excess of 10 successive working days, SHERIFF shall 17 assign another employee of similar rank and skill level to perform services 18 hereunder for the remainder of the assigned employee’s extended leave. 19 4. Supplies and Processing
20 a. COUNTY will provide supplies needed for fingerprint examination and 21 related services conducted by SHERIFF.
22 Included in the supplies to be provided by COUNTY will be digital media 23 submitted by SHERIFF to the SHERIFF’s photo lab, in conformance with 24 existing SHERIFF’s policies.
25 b. Digital media supplies for cases investigated by CITY personnel are not 26 included in the services and supplies to be provided by COUNTY pursuant 27 to this Agreement, but may be provided, at the option of the SHERIFF, 28 upon payment by CITY of the full additional costs thereof. 2791125
1 D. DUTIES OF CITY:
2 1. CITY and its police personnel shall cooperate with and appropriately assist 3 SHERIFF personnel providing services pursuant to this Agreement, so as to 4 further the Parties’ shared goal of ensuring that fingerprint examinations for 5 crimes committed in CITY are conducted accurately, efficiently and in a timely 6 fashion, in accordance with the highest professional standards. 7 E. PAYMENT:
8 1. Pursuant to Government Code Section 51350, CITY agrees to pay to 9 COUNTY the costs of the services, equipment and supplies provided by 10 COUNTY pursuant to this Agreement. Said costs include salaries, wages, 11 benefits, mileage, services, supplies, equipment, and divisional, department 12 and COUNTY Overhead.
13 2. The cost of regular services, equipment and supplies provided by COUNTY 14 for the period from July 1, 2025 through June 30, 2028 shall be as follows:
15 SERVICE COST OF SERVICE
16 Personnel Costs:
17 • One (1) Lead Forensic Specialist $ 212,476
18 TOTAL COST $ 212,476
19 3. COUNTY shall invoice CITY monthly. During the period July 1, 2025 through 20 June 30, 2028 said invoices will require payment by City of one-twelfth (1/12) 21 of the cost for services referenced in paragraph E-2 of this Agreement. 22 4. a. Each fiscal year, SHERIFF shall submit to CITY, in writing, a 23 recommended level of service and an estimate of the costs to COUNTY of 24 providing said services to CITY in the following fiscal year. Said estimate 25 shall reflect the full anticipated costs to COUNTY of providing said 26 services, equipment and supplies and shall be computed by SHERIFF In 27 accordance with current COUNTY cost data. Within thirty days after 28 receipt of said cost estimate, CITY shall transmit to SHERIFF its written 2801126
1 E. PAYMENT: (Continued)
2 acceptance or rejection of said estimates. CITY’s Chief of Police is hereby 3 authorized to determine whether to accept or reject said cost estimates. 4 b. If CITY accepts said cost estimate, then SHERIFF or her designee, on 5 behalf of COUNTY, and CITY’s Chief of Police, on behalf of CITY, are 6 authorized to execute a written amendment to this Agreement reflecting 7 the service level and CITY’s obligation to pay said cost for the ensuing 8 fiscal year. Said amendment shall not change other terms and conditions 9 of this Agreement, except the service level and cost, unless first approved 10 by COUNTY’s Board of Supervisors and CITY’s Council. SHERIFF and 11 CITY’s Chief of Police shall cause originals of any amendments to this 12 Agreement that are executed to be filed with COUNTY’s Clerk of the Board 13 of Supervisors and CITY’s Clerk immediately upon execution. 14 c. If the Parties are unable to agree by June 30 of any fiscal year on the level 15 of service to be provided by COUNTY to CITY or on the amount to be paid 16 by CITY for services to be provided by COUNTY for the following fiscal 17 year, this Agreement will terminate as of September 30, of the following 18 fiscal year. The period of July 1 through September 30, if applicable, 19 provides the Parties up to the date of termination on September 30 to 20 continue contract negotiations. During said period of continuing 21 negotiations July 1 through September 30, COUNTY will provide the level 22 of service provided in the preceding fiscal year, and CITY shall be 23 obligated to pay the cost of such services provided in the prior fiscal year. 24 The full cost of such services may exceed the cost of similar services 25 provided in the prior fiscal year.
26 5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ 27 approved County Billing Policy, which is attached hereto as Attachment A, 28 and incorporated herein by this reference.
2811127
1 E. PAYMENT: (Continued)
2 6. COUNTY shall charge CITY late payment penalties in accordance with 3 COUNTY Board of Supervisors’ approved County Billing Policy. 4 7. The cost of potential future salary and benefit increases or decreases are not 5 included in the costs set forth in Subsection E-2 of this Agreement. If COUNTY 6 incurs or becomes obligated to pay for any such increases for or on account 7 of personnel whose costs are included in the calculations of costs charged to 8 CITY hereunder, CITY shall pay COUNTY, in addition to the cost of service 9 set forth in Subsection E-2 of this Agreement, the full costs of said increases 10 to the extent such increases are attributable to work performed by such 11 personnel after July 1, 2025, and CITY’s cost of service hereunder shall be 12 deemed to have increased accordingly. CITY shall pay COUNTY in full for 13 such increases on a pro-rata basis over the portion of the period between 14 July 1, 2025 and June 30, 2028 remaining after COUNTY notifies CITY that 15 increases are payable.
16 In the event that salaries and benefits costs for COUNTY employees 17 decrease for or on account of personnel whose costs are included in the 18 calculations of costs charged to CITY hereunder, COUNTY shall notify CITY 19 of decreased cost and bill accordingly.
20 F. NOTICES:
21 1. Except for the notices provided for in subparagraph 2 of this paragraph, all 22 notices authorized or required by this Agreement shall be effective when 23 written and deposited in the United States mail, first class postage prepaid 24 and addressed as follows:
25 CITY: LIEUTENANT - ADMINISTRATION
26 ORANGE POLICE DEPARTMENT
27 300 E. CHAPMAN AVE.
28 ORANGE, CA 92866
2821128
1 F. NOTICES: (Continued)
2 COUNTY: DIRECTOR
3 ORANGE COUNTY CRIME LABORATORY
4 SHERIFF-CORONER DEPARTMENT
5 320 NORTH FLOWER STREET
6 SANTA ANA, CA 92703
7 8 LAW ENFORCEMENT CONTRACT MANAGER
9 SHERIFF-CORONER DEPARTMENT
10 FINANCIAL/ADMINISTRATIVE SERVICES DIVISION
11 320 NORTH FLOWER STREET, SUITE 108
12 SANTA ANA, CA 92703
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14 2. Termination notices shall be effective when written and deposited in the 15 United States mail, certified, return receipt requested and addressed as 16 above.
17 G. STATUS OF COUNTY:
18 COUNTY is, and shall at all times be deemed to be, an independent contractor 19 and shall be wholly responsible for the manner in which it performs the services 20 required of it by the terms of this Agreement. Nothing herein contained shall be 21 construed as creating the relationship of employer and employee, or principal and 22 agent, between CITY and COUNTY or any of COUNTY’s agents or employees. 23 Nothing herein contained shall be construed as creating the relationship of 24 employer, or principal and agent, between COUNTY and any of CITY’s agents or 25 employees. COUNTY and its SHERIFF shall retain all authority for rendition of 26 services, standards of performance, control of personnel, and other matters 27 incident to the performance of services by COUNTY pursuant to this Agreement. 28 COUNTY, its agents and employees, shall not be entitled to any rights or 2831129
1 G. STATUS OF COUNTY: (Continued)
2 privileges of CITY employees and shall not be considered in any manner to be 3 CITY employees. CITY, its agents and employees shall not be entitled to any 4 rights or privileges of COUNTY employees and shall not be considered in any 5 manner to be COUNTY employees.
6 H. STATE AUDIT:
7 Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be 8 subject to examination and audit by the State Auditor for a period of three (3) 9 years after final payment by CITY to COUNTY under this Agreement. CITY and 10 COUNTY shall retain all records relating to the performance of this Agreement 11 for said three-year period, except that records pertaining to any audit then in 12 progress, or any claim or litigation shall be retained beyond said three-year period 13 until final resolution of said audit, claim or litigation. 14 I. ALTERATION OF TERMS:
15 This Agreement fully expresses all understanding of CITY and COUNTY with 16 respect to this subject matter of this Agreement, and shall constitute the total 17 Agreement between the parties for these purposes. No addition to, or alteration 18 of, the terms of this Agreement shall be valid unless made in writing, formally 19 approved and executed by duly authorized agents of both parties. 20 J. INDEMNIFICATION:
21 1. COUNTY, its elected and appointed officials, officers, employees, agents, 22 subcontractors, independent contractors and those special districts and 23 agencies for which COUNTY’s Board of Supervisors acts as the governing 24 Board (“COUNTY INDEMNITEES”) shall not be deemed to have assumed any 25 liability for the negligence or any other act or omission of CITY or any of its 26 officers, agents, employees, subcontractors or independent contractors, or for 27 any dangerous or defective condition of any public street or work or property 28 of CITY, or for any illegality or unconstitutionality of state statutes or CITY’s 2841130
1 J. INDEMNIFICATION: (Continued)
2 municipal ordinances. CITY agrees to indemnify, defend with counsel 3 approved in writing by COUNTY, and hold all COUNTY INDEMNITEES 4 harmless from any claims, demands or liability of any kind or nature, including 5 but not limited to personal injury or property damage, arising from or related 6 to the services, products or other performance provided by City and including 7 those based or asserted upon the condition of any public street or work or 8 property of CITY, or upon the illegality or unconstitutionality of any state statute 9 or municipal ordinance of CITY of which SHERIFF has investigated an alleged 10 or actual violation, or upon any act or omission of CITY, its officers, agents, 11 employees, subcontractors and independent contractors related to this 12 Agreement. If judgment is entered against CITY and COUNTY by a court of 13 competent jurisdiction because of the concurrent active negligence of 14 COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability 15 will be apportioned as determined by the court. Neither party shall request a 16 jury apportionment.
17 2. COUNTY agrees to defend, indemnify, and hold CITY, and its elected and 18 appointed officials, officers, employees, agents, subcontractors and 19 independent contractors harmless from any claims, demands or liability of any 20 kind or nature, including but not limited to personal injury or property damage, 21 arising from or related to the services, products or other performance provided 22 by COUNTY pursuant to this agreement. If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the 24 concurrent active negligence of CITY, COUNTY and CITY agree that liability 25 will be apportioned as determined by the court. Neither party shall request a 26 jury apportionment.
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2851131
1 IN WITNESS WHEREOF, the parties have executed the AGREEMENT 2 in the County of Orange, State of California.
3 4
5 ATTEST:
City Clerk
6 7
8 APPROVED AS TO FORM:
9 BY:
City Attorney
10 11
12 DATED:
DATED:
CITY OF ORANGE
BY:
Mayor
13 14 BY:
Chairman of the Board of Supervisors
15 County of Orange, California
16 17 Signed and certified that a copy of this
Document has been delivered to the Chair
18 of the Board per G.C. Sec. 25103, Reso 79-1535
Attest:
19 20
Robin Stieler
21 Clerk of the Board of Supervisors
County of Orange, California
22 APPROVED AS TO FORM:
23 Office of the County Counsel
County of Orange, California
24 25 BY:
26 Deputy
27 28 DATED:
3/31/2025
2861132