HomeMy WebLinkAboutContracts & Agreements_210-2013_CCv0001.pdf 1 JOINT POWERS AGREEMENT
2 BETWEEN THE
3 COUNTY OF ORANGE
4 AND
5 CITY OF REDLANDS
6
7 THIS AGREEMENT is entered into this Fifteenth day of October 2013
8 which date is enumerated for purposes of reference only, by and between the
9 COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter
lo referred to as "COUNTY" and City of Redlands, a governmental entity located outside
11 the County of Orange, hereinafter referred to as "CONTRACTOR."
12
13 WITNESSETH:
14 WHEREAS, COUNTY has the authority, exercised through its Sheriff, to
15 perform forensic analysis and consultations in investigating criminal activity;
16 WHEREAS, CONTRACTOR has the authority, exercised through its
17 Chief of Police, (hereinafter referred to as CHIEF LAW ENFORCEMENT OFFICER) to
18 perform similar forensic analysis and consultations;
19 WHEREAS, CONTRACTOR wishes to contract with COUNTY for said
20 analyses and consultations;
21 WHEREAS, COUNTY is agreeable to the rendering of such services on
22 the terms and conditions hereinafter set forth;
23 WHEREAS, COUNTY'S Board of Supervisors, by Resolution Number 02-
24 133, has authorized COUNTY'S Sheriff-Coroner, Assistant Sheriff of
25 Investigations/Communications and Director or Assistant Director of Forensic Sciences
26 Services Division (hereinafter referred to as "SHERIFF") to execute agreements of this
27 type on behalf of COUNTY;
28
1 of 9
1 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
2 TABLE OF CONTENTS
3
4 SECTION PAGE
5 A. Term 3
6 B. Optional Termination 3
7 C. Disposition Of Property Upon Termination 3
8 D. Services by COUNTY 3
9 E. Payment 4
10 F. Notices 6
11 G. Status of COUNTY AND CONTRACTOR 7
12 H. Alteration of Terms 7
13 I. Indemnification 7
14 Signature Page 9
15
16 H
17 //
18 H
19
20 11
21
22
23
24
25
26
27
28
2 of 9
1 ///TERM:
2 The term of this Agreement shall be the period October 15, 2013
3 through October 15, 2018 1 unless earlier terminated by either party in the
4 manner set forth herein.
5 B. OPTIONAL TERMINATION:
6 COUNTY or CONTRACTOR may terminate this Agreement, without cause,
7 upon fourteen (14) days written notice to the other party.
8 C. DISPOSITION OF PROPERTY UPON TERMINATION:
9 If, at the time this Agreement terminates, COUNTY has in its possession items
10 submitted for examination or other evidence provided by CONTRACTOR on
11 which COUNTY has not yet completed forensic analysis, COUNTY shall return
12 said items submitted for examination or other evidence to CONTRACTOR.
13 D. SERVICES BY COUNTY:
14 1. COUNTY'S SHERIFF shall administer this Agreement.
15 At his sole discretion, COUNTY'S SHERIFF, through his Forensic Sciences
16 Services Division, shall render to CONTRACTOR the following forensic analysis
17 and consultation services as requested by CONTRACTOR'S CHIEF LAW
18 ENFORCEMENT OFFICER:
19
20 Case Number:
21 1. Sample and analyze DNA from evidence and standard. Enter any DNA
22 profile foreign to the victim into CODIS. Hours needed to per-form analysis
23 will be on a case by case basis.
24
25
26
27
28
3 of 9
1 SERVICES BY COUNTY (continued)
2 2. COUNTY'S SHERIFF shall provide all manpower, supervision, training,
3 services, supplies and equipment necessary to perform the analysis and
4 consultation services as required in this Agreement.
5 3. COUNTY'S SHERIFF shall provide CONTRACTOR with written forensic
6 analysis results within the following time periods after receipt of samples or
7 evidence for analysis:
8 180 days after receipt of evidence
9
10
11
12
4. Court testimony required in connection with or pertaining to any forensic
13
analysis and/or consultation will be provided by COUNTY, as agreed by
14
COUNTY'S SHERIFF and CONTRACTOR'S CHIEF LAW ENFORCEMENT
15
OFFICER.
16
E. PAYMENT:
17
1. CONTRACTOR agrees to pay to the COUNTY the costs of performing the
18
services mutually agreed upon in this Agreement. The cost of service will be
19
an hourly rate that includes: salaries, wages, benefits, services, supplies,
20
equipment, and divisional, department and County General overhead. If
21
court testimony is requested, the cost shall be a charge to CONTRACTOR in
22
addition to the charge for forensic analysis and/or consultation.
23
H
24
25
26
27
28
4 of 9
1 H PAYMENT (Continued)
2 2. The hourly rate charged to the CONTRACTOR shall be computed by the
3 ORANGE COUNTY SHERIFF-CORONER in accordance with salaries,
4 wages, benefits, services, supplies, equipment, and divisional, department
5 and County General overhead rates in effect at the time the services are
6 provided.
7 3. COUNTY shall invoice CONTRACTOR monthly for services provided in the
8 preceding month.
9 3. CONTRACTOR shall pay COUNTY for forensic analyses and consultations
10 in accordance with COUNTY Billing Policy, a copy of which is attached
11 hereto as Attachment A and incorporated herein by reference. COUNTY
12 shall charge CONTRACTOR late payment penalties in accordance with said
13 COUNTY Billing Policy.
14 4. If testimony is requested or required by a COUNTY employee, in connection
15 with or pertaining to a forensic analysis and/or consultation, CONTRACTOR
16 shall pay COUNTY no later than ten (10) days prior to the first day on which
17 it is anticipated the COUNTY employee will testify. Said initial payment shall
18 be at the county rate in effect at the time of request multiplied by the
19 estimated number of hours the COUNTY witness spends to appear and
20 testify. At the conclusion of the testimony, CONTRACTOR shall reimburse
21 COUNTY for the full cost to COUNTY of having the witness testify, including:
22 a. The full cost of the witness' round trip travel between COUNTY and the
23 place of testimony.
24 b. The full cost of the witness' salary and benefits while travelling and
25 staying in the area where he/she is to testify.
26 11
27
28
5 of 9
1 PAYMENT (Continued)
2 c. The full cost of the witness' meals and lodging while travelling to and
3 from and staying in the area where he/she will testify.
4 d. COUNTY'S indirect costs as calculated by the County Auditor-Controller
5 and SHERIFF'S staff.
6 e. Any other expenses that may be incurred by COUNTY or the witness in
7 connection with the witness' testimony.
8 6. CONTRACTOR shall pay COUNTY the balance of the cost for the testimony
9 of the COUNTY witness within thirty (30) days after the billing date on the
10 invoice.
11 F. NOTICES:
12 1. Except for the notices provided for in Subsection 2 of this Section, all notices
13 authorized or required by this Agreement shall be effective when written and
14 deposited in the United States mail, first class postage prepaid and
15 addressed as follows:
16 COUNTY: ATTN: DIRECTOR, OC CRIME LAB
17 SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER ST
18 SANTA ANA CA 92703
19 CONTRACTOR: City of Redlands Police Department
20 ATTN- Offire. of the Chief of Police
21
30 CaJon Street
22
23 Redlands, CA 92373
24 2. Termination notices shall be effective when written and deposited in the
25 United States mail, certified, return receipt requested and addressed as
26 above.
27
28
6 of 9
1 G. STATUS OF COUNTY AND CONTRACTOR:
2 COUNTY is, and shall at all times be deemed to be, an independent contractor.
3 Nothing herein contained shall be construed as creating the relationship of
4 employer and employee or principal and agent between CONTRACTOR and
5 COUNTY or any of COUNTY's agents or employees. COUNTY, its agents and
6 employees shall not be entitled to any rights or privileges of CONTRACTOR
7 employees and shall not be considered in any manner to be CONTRACTOR
8 employees.
9 CONTRACTOR is, and shall at all times be deemed to be, an independent
10 contractor. Nothing herein contained shall be construed as creating the
11 relationship of employer and employee or principal and agent between
12 COUNTY and CONTRACTOR or any of CONTRACTOR'S agents or
13 employees. CONTRACTOR, its agents and employees shall not be entitled to
14 any rights or privileges of COUNTY employees and shall not be considered in
15 any manner to be COUNTY employees.
16 H. ALTERATION OF TERMS:
17 This Agreement fully expresses all understanding of CONTRACTOR and
18 COUNTY with respect to the subject matter of this Agreement and shall
19 constitute the total Agreement between the parties for these purposes. No
20 addition to, or alteration of, the terms of this Agreement shall be valid unless
21 made in writing, formally approved and executed by duly authorized agents of
22 both parties.
23 1. INDEMNIFICATION:
24 COUNTY, its officers, agents, employees, and independent contractors shall not
25 be deemed to have assumed any liability for the negligence or any other act or
26 omission of CONTRACTOR or any of its officers or employees.
27
28
7 of 9
1 INDEMNIFICATION (continued)
2 CONTRACTOR shall indemnify and hold COUNTY, its officers, agents,
3 employees and independent contractors free and harmless from any claim or
4 liability whatsoever based or asserted upon any act or omission of
5 CONTRACTOR, its officers, agents, employees, and independent contractors
6 related to this Agreement, for property damage, bodily injury or death or any
7 other element of damage of any kind or nature, and CONTRACTOR shall
8 defend at its expense, including attorney fees, COUNTY, its officers, agents,
9 employees and independent contractors in any legal action or claim of any kind
10 based upon such alleged acts or omissions.
11 COUNTY shall indemnify and hold CONTRACTOR, its officers, agents
12 employees and independent contractors, free and harmless from any claim or
13 liability whatsoever, based or asserted upon any act or omission of COUNTY, its
14 officers, agents employees, and independent contractors related to this
15 Agreement, for property damage, bodily injury or death, or any other element of
16 damage of any kind or nature, and COUNTY shall defend, at its expense,
17 including attorney fees, CONTRACTOR, its officers, agents, employees and
18 independent contractors in any legal action or claim of any kind based upon
19 such alleged acts or omissions.
20
21
22
23
24
25
26
27
28
8 of 9
1 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County
2 of Orange, State of California.
3 DATED:
4
5 BY:
6 PETE UILAR, MAYOR
7
8 ATTEST:
9
10
SAM IRWIN, CIT CEE
11 `
12
13
DATED.
14
COUNTY OF ORANGE
15
16 t
BY: c
17
18 TITLE:
19
20
A�Kf,Rt}V D TQ FA21 ° County Counsel
22 Orange County, California
A
23 BY: / &
ff�e/Tu y
24 1W9113
25
26
27
28
9 of 9
ATTACHMENT A
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27,
POLICY
All County ag nci s/d parer r ntsilciistrict (County) governed by the Board of Supervisors
shall bill contracting entities for materials and/or services provided d 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 oontract. Payment du
data is designed to be both responsive to theCounty's caste flow needs and reasonable
enough as to not require special processing by the contracting entity, if payments are not
received by the required du 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 preAudgment interest, of the contracting
party for services or materials in as much as this is a policy to enact standard billing
practices.
li.
DEFINITIONS
I~
X Contract for the p t ; ,2f thisticy - contract is a formal written agreement, a
purchas rd Tr from the contracting entity, or any other acceptable mutual
understanding between the contracting parties,
RRecgebbaa G gray - The phrase "received ived by the €nty", as used in Section VI of
this policy, refers to the date a payment is received by the County. It is defined as the
data 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 f n irrr l c r mgontra�ts - Invoices that represent a hitting for a
�rte-ts , non-recurring provision of materials and/or services shall be Es u d no later
than five ( ) working stays after delivery by the County of the materials and/or services,
Examples of such orae-treat non-recurring pro=vision 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 containing certain city-requested data, ayment due
date shall be invoice date plias 30 days.
Fixed Prig 1110nc oing/Recurrin €retracts - invoices that represent a billing for an
ongoing, recurring provision of materials rials andl r services shall be issued according to the
following frequency-,
1, Annual Billings that total $10,080 or lass per 12-morth period shall be billed via one
(1) annual invoice. Annual invoices will be issued for each 12-month period of tete
contract; or portions thereof, Invoices shall be issued no later than five working days
after the beginning of each 12-month period, Payment due date shall be invoice date
plus 30 days,
Page 1 of
2, Quarterly Billings that are greater than $410,000 but not more than $200,000 per 12-
L I
month period, shall be billed in quarterly inwallments. Quarterly invoices wi I be
issued representing the contract amount for each 12-Month period of the contract, or
portions thereof, prorated into four 141 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 beginnInn of each calendar quarter,
3, Monthly Billings that are greater than $200,000 per 12-month period shall be billed In
mor-thly Oistallments, Monthly invoices will be issued representing the contrao
amount for each 12-month period -A 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
AAdual C-Ost (On Tirne/Norij-!!�qu± Invoices nvoices that represent a billing for a
one-time, Pon-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.
K Actual Cost_LQt1ac C
:ontracts'j - invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued on a monthly
basis and shall represent 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
agencylidepartmentidistrict 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 of 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 It and IN above, payment due date shall be 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 PBY• 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, Art invoice for August service, dated and issued July 20
(early)would have a payment due date of August 3G,)
Page 2 of 4
V1 LTE CHARGES
The late payment of any invoic ci amount by a Contracting entity will cause the County t
incur costs not rteniplated by theCounty/contracting entity agreerrient, 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 delinquent notices, increased
accounting costs, etc
Late charges will be assess.d in the following situations:
Over-the-counter payrnents will be assessed a late charge it any payment is not received
by the County by the payment dawe date
Payments transmitted to the County via the US, 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 dare date plus one
Payments transmitted to the County via the US. Mail that have a US. Post Office
postmark dated atter 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
( .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 e >f three-quarters one percent ( .7%) of
said payment shall be added for each additional -dray period that the payment remains
unpaid. late charges shall be added to the payment and invoiced to the contracting entity
accordance with this policy.
V111, COLLECTIONS
Any invoice rernaining 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 GovernmentGovemment Cade Section
907 and any other applicable provision of law, Non-payment t cif invOices and applicable late
charges will constitute a breach of contract for which the County retains all legal remedies
ies
including termination of the contract.
gill. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County frorn 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
Q days before the payrnent due date, County staff shall immediately notify the contracting
entity by telephone that the discount should net 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 tel, applicable late chanes shall be calculated on the balance due.
Face 3 of
hK DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received)during the fiscal
year being closed our that represents Charges or prepayment for materials and/or services
for the upcoming fiscal year shall be reclassified 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 which
h
June represents charges for the 1/2-month period 1, 19X-11 to May 31, 1 $48, jo
9X2. The amount to
be reclassified to deferred revenue wouid 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 made by Auditor-Controller Agency Accounting units, or for those
agencies-/departmerits/ciistricts without such a unit, the agency/depariment/district shall notify
the Auditor-Controller of the amounts to be reclassified-
X, 'COST RECOVERY
All County agencies/deparmienthfistricts 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.
XL 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,
X11, DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed
Geviations, by agencies/departments1distncts shall be submitted to the CEO for concurrence
in advance offifing an Agenda Iters Transmittal (AIT)with the Clerk of the Board, The CEO,
or hisiher designee, shall advise the agency/departmenUdistrict of approval or disapproval of
the proposed deviations, if a County 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/departurnent/district shall specifically advise the Board of Supervisors 'n
the AIT of the deviation, the reason for the deviation, and of the CEO's recommendatio'n
relative thereto,
Page 4 of 4