Loading...
HomeMy Public PortalAboutCITY OF CERRITOS REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTAGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALIST This Agreement for Reimbursement for Fingerprint Identification Specialists (this "Agreement"), effective as of April 1, 2007, (the "Effective Date"), is entered into by the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, Fingerprint Identification Specialists ("FISs") have been hired in a part- time, contract capacity by Cerritos to work at the Cerritos Substation of the Los Angeles County Sheriff's Department (the "Cerritos Substation") located at 18135 Bloomfield Avenue, in the City of Cerritos, State of California; WHEREAS, these FISs will perform certain services for Cerritos and Carson at the Cerritos Substation; WHEREAS, Carson is interested in utilizing the services of the FISs in connection with fingerprint cases that occur in Carson and reimbursing Cerritos the applicable hourly fees for such services paid to the FISs; and WHEREAS, Cerritos and Carson have agreed to enter into this Agreement to more specifically address the terms and conditions of such services. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Cerritos and Carson agree as follows. AGREEMENT 1. The FIS' Services. Each FIS shall perform his/her services for Carson at the Cerritos Substation. Each FIS shall have access to the current "CAL -ID" system equipment owned by the County of Los Angeles and located at the Sheriff's Substation. The parties hereby acknowledge and agree that the actual investigation of crime scenes shall be the responsibility of Carson. 2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of $37.50 per hour, computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than five hundred thirty (530) hours in any fiscal year on Carson cases (the "Annual Maximum"). In the event Carson elects to increase the Annual Maximum, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase. 3. Method of Payment. Cerritos shall send an invoice to Carson on a quarterly basis, beginning on July 1, 2007, setting forth a description of the services provided by the FIS and the total fees relating to such services for such quarter. Carson shall pay the amount indicated on such invoice for such quarter within thirty (30) days of receipt of such invoice, in the manner provided in the invoice. In the event such payment is not received by Cerritos within this thirty (30) day period, Cerritos shall be entitled to recover interest on such overdue amount at an interest rate equal to the lesser of (i) seven percent (7%), or (ii) the highest rate permitted by law, if applicable, calculated from the date such payment was due through the date it was actually received by Cerritos. In the event Carson fails to pay such overdue amount within sixty (60) days of the date such invoice was received, Cerritos shall have the right to instruct the FIS not to perform any further services for Carson, until such time as Carson has paid all sums then due Cerritos, including all interest accrued thereon. In the event Carson shall fail to pay such overdue amount, with interest, within ninety (90) days of the date such invoice was received, Cerritos shall have the right to terminate this Agreement with Carson by providing thirty (30) days written notice and if Carson shall fail to pay such overdue amount, with interest, within this 30 -day period, this Agreement shall terminate on the 30th day, and upon any such termination, neither party shall thereafter have any further liability or obligation to the other hereunder (except for items which have previously accrued and remain unpaid by Carson and except for any liability of Carson which survives such termination). 4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the June 30, 2007, unless otherwise terminated or extended in a written agreement executed by the parties. 5. Amendment; Termination. No amendment to or modification of this Agreement shall be binding or enforceable unless it is in writing and signed by the parties. Either party may request to meet with the other party to discuss the terms of this Agreement and to determine if any amendment is necessary in order to more fully effectuate the intent of the parties in entering into this Agreement. Either party may terminate this Agreement for any reason or for no reason by providing the other party with at least thirty (30) days prior written notice; provided, however, that both parties agree to meet and confer in good faith to attempt to resolve any dispute prior to exercising such right of termination. 6. Effectuation of Agreement. Cerritos and Carson hereby agree to do all the things reasonably necessary to carry out and effectuate the terms of this Agreement, including, without limitation, drafting and/or executing appropriate documents, and not to do or fail to do anything, directly or indirectly, that will interfere with the terms and conditions of this Agreement or adversely affect any of the rights provided for herein. 7. Limitation on Liability; Indemnification. In entering into this Agreement with Carson, Cerritos does not guarantee to Carson any level of service to be performed by the FIS, and Cerritos shall not be liable to Carson for any act or omission of the FIS in the performance of his/her services. Carson hereby agrees to defend, protect and hold harmless Cerritos and its employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way related to, the services performed for Carson by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Cerritos. Cerritos hereby agrees to defend, protect and hold harmless Carson and their respective employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way OA related to, the services performed for Cerritos by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Carson. 8. Representations and Warranties. Each party represents and warrants to the other as follows: (i) it has had an opportunity to consult with an attorney regarding the contents of this Agreement; (ii) it, or its authorized agent, has read the contents of this Agreement and understands such contents; (iii) that each person signing this Agreement (a) has the full authority to act on behalf of the party for which he or she is signing and (b) has the ability to bind such party to the obligations and agreements set forth in this Agreement; and (iv) that no other person must sign this Agreement on behalf of such party in order to make the obligations hereunder binding and enforceable against such party. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law. 10. Counterparts. This Agreement may be executed in one or more counterparts, all of which when taken together shall constitute one and the same instrument and shall be binding upon each party who may sign a counterpart of this instrument. 11. Terminology. The captions beside the section numbers of this Agreement are for reference purposes only and shall not modify or affect this Agreement in any manner whatsoever. Whenever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. 12. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions. 13. Entire Agreement. The agreements contained herein shall supersede any and all other agreements between Cerritos and Carson with respect to the subject matter hereof. 14. Independent Contractor. Neither Carson nor any of its employees shall have any control over the manner, mode or means by which the FIS perform the services required herein, except as otherwise set forth. The FIS shall be an independent contractor, shall perform consistent with that role and shall not at any time or in any manner represent that he or she or any of her agents or employees are agents or employees of Carson. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "CERRITOS" The City of Cerritos, a mu al corporati n Name: Art Galluc Its: City Manager "CARSON" The City of Carson, a municipal corporation By: Name: Its: ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP /J) n ) 10.4 City Attorney a] AMENDMENT NO. 1 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 1 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on October 1, 2007, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, the Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, Carson and Cerritos wish to amend the Agreement so that a more flexible process exists to update the hourly rate charged by the provider of the fingerprinting services provided to Carson through Cerritos under this Agreement; and WHEREAS, City and Contractor wish to further amend the Agreement to extend the term of the services provided herein until December 31, 2007. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Aereement. entitled "Related Costs and Expenses" is hereby amended in its entirety to read as follows: 662. Related Costs and Expenses Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of $37.50 per hour, computed to the nearest quarter (%4) hour, for time actually spent by the assigned FIS on Carson cases; provided that Carson's City Manager may approve a higher rate in writing. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than either five hundred thirty (530) hours in any fiscal year on Carson cases ("Annual Maximum") or $24,000 on the total usage of this service ("Contract Sum"), including under any increased hourly rate approved in accordance with this Section 2. In the event Carson elects to increase the Annual Maximum or Contract Sum, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase." 2. Section 4 of the Agreement entitled "Term" is hereby amended in its entirety, to read as follows 1 of 2 664. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the December 31,, 2007, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CARSON: CITY OF CARSON, a California municipal corporation By. Name: Title: C 1 7`f �C�C___— CERRITOS: CITY OF CERRITOS, a California municipal corporation By: UO AaA Name: Art Gallucci Title: City Manager 2 of 2 AMENDMENT NO. 2 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 2 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on December 18, 2007, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RFCTTAT.0 WHEREAS, on or about April 1, 2007, the Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 1 to extend the term of the services until December 31, 2007 and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, City and Cerritos wish to further amend the Agreement to extend the term of the services provided under the Agreement until December 31, 2008, inose the compensation payable under the Agreement so that such amount is stated as ixinRm tohQ. . compensation, rather than maximum hours of services. Tj NOW, THEREFORE, in consideration of performance by the parties of the pxgmises,' covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Agreement, entitled "Related Costs and Expenses", is herby "2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of thirty-seven and 50/100 dollars ($37.50) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Carson further agrees to reimburse Cerritos for supplies required to provide the FIS services ("Supplies") in an amount not to exceed five thousand and 00/100 dollars ($5,000.00). Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than forty-five thousand and 00/100 dollars ($45,000.00) in any fiscal year on Carson cases (the "Annual Maximum"), which Annual Maximum is comprised of $40,000 for Hourly Fees and $5,000 for Supplies. In the event Carson elects to increase the Annual Maximum, the parties must enter into an amendment to this Agreement to effectuate such increase." 1 of 2 2. Section 4 of the Agreement, entitled "Term", is hereby amended in its entirety, to read as follows: "4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the December 31, 2008, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. ATTEST: City Clerk Helen Kawagoe -k "- kyor Jim Dear Date APPROVED AS TO FORM: City Attorney illiam Wynder CERRITOS: Name-L" ame: Title: City Manager Date: January 11, 2008 2 of 2 AMENDMENT NO. 3 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS WHEREAS, since the inception of the Fingerprint Identification Program in June 2004 the Fingerprint Identification Specialists (FIS) have been paid an hourly rate of $37.50; and WHEREAS, effective July 1, 2008, the salary of the FIS will increase to $41.25 per hour; and WHEREAS, the City of Carson has agreed that the costs and expenses of the FISs for work performed in connection with fingerprint cases that occur in the City of Carson will be reimbursed to the City of Cerritos on a quarterly basis; and WHEREAS, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase. NOW, THEREFORE, the Reimbursement Agreement - Fingerprint Identification SpeSial(q shall be amended to read as follows: a, cc r� Related Costs and Expenses The City of Carson hereby agrees to reiRbur� Cerritos for the FIS services at the rate of forty-one and 25/100 MrdaftrWr$41.25) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for - tiee acOally spent by the assigned FIS on City of Carson cases. The City of Carson mmfutter grees to reimburse Cerritos for supplies required to provide the FIS services 0., ("�SppQs") in an amount not to exceed five thousand and 00/100 dollars ($5,000). CerritoC%hall provide the services of the FIS to Carson in an amount as may be reaesf& by Carson, but in no event shall the FIS spend more than forty-five thousand and 00/100 dollars ($45,000) in any fiscal year on Carson cases (the "Annual Maximum"), which annual Maximum is comprised of $40,000 for Hourly Fees and $5,000 for Supplies. In the event Carson elects to increase the Annual Maximum, the parties must enter into an amendment to this Agreement to effectuate such increase. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. "THE CITY" The City of Cerritos a m ipal corporatio By: Name: Art Gallucci Its: City Manager "THE CITY OF CARSON" The City of Carson, a municipal co ora ' By: Name: -0 V%. -111/ 4 0_U_� Its: AMENDMENT NO.4 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 4 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on April 7 , 2009, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, the Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 1 to extend the term of the services until December 31, 2007 and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, on or about December 18, 2007, Carson and Cerritos amended the Agreement to extend the term of the services until December 31, 2008, increase the compensation payable under the Agreement so that such amount is stated as maximum total compensation, rather than maximum hours of services; and WHEREAS, on or about July 1, 2008, Carson and Cerritos amended the Agreement by way of Amendment No. 3 to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, Carson and Cerritos now wish to further amend the Agreement to extend the term of the services provided under the Agreement until June 30, 2010, and increase the maximum total compensation authorized under the Agreement pursuant to the terms of this Amendment. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 4 of the Agreement, entitled "Term" as follows: , is hereby amended in its entirety, to read 644. Term. The term of this Agreement shall commence on the - Effective Date and shall terminate on the June 30, 2010, unless otherwise, -. terminated or extended in a written agreement executed by the parties." 1 of 3 2. Section 2 of the Agreement, entitled "Related Costs and Expenses", is hereby 442. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of forty-one and 25/100 dollars ($41.25) per hour ("Hourly Fee"), computed to the nearest '/4 hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS exceed Ninety Thousand and 00/100 Dollars ($90,000.00) for the entire term of this Agreement, including any extension (the "Contract Maximum"). In the event Carson elects to increase the Contract Maximum, the parties must enter into an amendment to this Agreement to effectuate such increase." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth herein above. ATTEST: f �Z% 'S" �64 Helen Kawagoe, City Ciel APPROVED AS TO FORM: Aleshire & Wynder, LLP William W. WAker, City Attorney CITY: CITY OF CARSON, Mayor Jim Dear 2 of 3 CERRITOS: CITY OF CERRITOS, a California municipal corporation By: QM4— Name: Art Gallucci Title: City Manager 3 of 3 AMENDMENT NO. 5 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 5 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on June 15, 2010, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. I to extend the term of the services until December 31, 2007, and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, on or about December 18, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 2 to extend the term of services until December 31, 2008, and increase the compensation payable under the Agreement so that such amount was stated as a maximum total compensation, rather than a maximum hours of services; and WHEREAS, on or about July 31, 2008, Carson and Cerritos amended the Agreement by way of Amendment No. 3 to increase the hourly rate of compensation authorized under the Agreement pursuant to the terms of the Agreement and Amendments; and WHEREAS, on or about April 7, 2009, Carson and Cerritos amended the Agreement by way of Amendment No. 4 to extend the term of services until June 30, 2010, and to increase the total compensation authorized under the Agreement and Amendments; and WHEREAS, City and Cerritos wish to further amend the Agreement to extend the term of the services provided under the Agreement until June 30, 2011, set the maximum amount of compensation for the fiscal year authorized under the Agreement pursuant to the terms of this Amendment, and appropriate funds for the purchase of fingerprinting supplies. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Agreement, entitled "Related Costs and Expenses," is hereby amended in its entirety to read as follows: "2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of Forty -One and 25/100 Dollars ($41.25) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall provide the FIS services to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than Seventy -Five Thousand and 00/100 Dollars ($75,000.00) on Carson cases in FY 2010/11 (the "Annual Maximum"). In the event Carson elects to increase the Annual Maximum, the parties must enter into a written amendment to this Agreement to effectuate such increase. Additionally, Carson shall appropriate $5,000.00 to be payable to the Carson Sheriff's Department (Carson Station Trust Fund), for the reimbursement of fingerprinting supplies purchased by the Sheriff's Department during FY 2010/11, upon presentation of an invoice and supporting documentation evidencing the purchase of those supplies. 2• Section 4 of the Agreement, entitled "Term", is hereby amended in its entirety, to read as follows: "4. Term. The term of this Agreement shall commence on July 1, 2010 and shall terminate on June 30, 2011, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the said party is bound. entering into this Amendment does not violate any provision of any other agreement to which IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CITY: City of Carson, a California municipal corporation Mayor Jim Dear [SIGNATURES CONTINUED ON NEXT PAGE] ATTEST: Heien S. Kawagoe, City Clerk�71 APPROVED AS TO FORM: Aleshire & Wynder, LLP Wiliam Wynder, ity Attorney CERRITOS: City of Cerritos, a California mu al corporation By: Name: _Art Ga 1 1,,. Title: n aar - o - Date: ADIL) AMENDMENT NO. 6 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 6 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on Jul 1 2011 by and between the City of Cerritos, a municipal corporation ("Cerritos" y ), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 1 to extend the term of the services until December 31, 2007, and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, on or about December 18, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 2 to extend the term of services until December 31, 2008, and increase the compensation payable under the Agreement so that such amount was stated as a maximum total compensation, rather than a maximum hours of services; and WHEREAS, on or about July 31, 2008, Carson and Cerritos amended the Agreement by way of Amendment No. 3 to increase the hourly rate of compensation authorized under the Agreement pursuant to the terms of the Agreement and Amendments; and WHEREAS, on or about April 7, 2009, Carson and Cerritos amended the Agreement by way of Amendment No. 4 to extend the term of services until June 30, 2010, and to increase the hourly rate of compensation authorized under the Agreement and Amendments; and WHEREAS, on or about June 1, 2010, Carson and Cerritos amended the Agreement by way of Amendment No. 5 to extend the term of services until June 30, 2011, and to increase the hourly rate of compensation authorized under the Agreement and Amendments; and WHEREAS, City and Cerritos wish to further amend the Agreement to extend the term of the services provided under the Agreement until June 30, 2014, and to set forth the rate of compensation and hourly rate under this Amendment No. 6 during the term of this Agreement. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Agreement, entitled "Related Costs and Expenses", is hereby amended in its entirety to read as follows: "2. Related Costs and Expenses. Carson hereby agrees to continue to reimburse Cerritos for the FIS services at the rate of Forty -One and 25/100 Dollars ($41.25) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Carson further agrees to provide for supplies required to provide the FIS services ("Supplies") in an amount not to exceed Five Thousand and 00/100 Dollars ($5,000.00). Such amount shall be paid directly to the Los Angeles County Sheriff's Department. Cerritos shall provide the FIS services to Carson in an amount as may be requested by Carson, but in no event shall the FIS exceed Seventy Five Thousand and 00/100 Dollars ($75,000.00) in any fiscal year on Carson cases (the "Annual Maximum"), which Annual Maximum is comprised of $ Forty -One and 25/100 Dollars ($41.25) per hour for Hourly Fees, and $5,000.00 for Supplies. In the event Carson elects to increase the Annual Maximum, the parties must enter into a written amendment to this Agreement to effectuate such increase." 2. Section 4 of the Agreement, entitled "Term", is hereby amended in its entirety, to read as follows: 4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on June 30, 2014, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CITY: City of Carson, a California municipal corporation Mayor Jim Dear Date: 6 /1,2,*11 [SIGNATURES CONTINUED ON NEXT PAGE] ATTEST. Helen kawagoe, Ci y Cler Date: DL/5 y�tl APPROVED AS TO FORM: Aleshire & Wynder, LLP �d 4 'k William Wynder, ty Attorney CERRITOS: City of Cerritos, a California municipa orporation Name: Title: Date: City of Carson Report to Mayor and City Council March 4, 2009 New Business Consent SUBJECT: CONSIDER EXTENDING THE TERM OF THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS Submitted Wy Raymond R. Cruz Public Services General Manage; I. SUMMARY by Jerome G. C Since April 1, 2007, the city of Carson has maintained an agreement with the city of Cerritos for fingerprint processing services. This agreement was entered into in an effort to expedite Sheriff's Department investigations of crimes committed in the city. Over the course of this contract, this service has proven so highly productive that staff is requesting that the City Council consider extending the term of the agreement from January 1, 2009, through June 30, 2010 at a cost of $85,000.00. II. RECOMMENDATION TAKE the following actions: 1. APPROVE a contract extension with the city of Cerritos for fingerprint processing services for the period January 1, 2009, through June 30, 2010 at a cost not to exceed $85,000.00. 2. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. III. ALTERNATIVES DENY the agreement extension. IV. BACKGROUND When the Public Services General Manager began his tenure in 2001, he learned that the Sheriff's Department was having challenges with its lab processing fingerprints taken at crime scenes. Several months would pass before information obtained from the fingerprints was transmitted from the crime lab to the Carson Station, thereby delaying its investigations of crimes committed in the city. Since property crime is the most significant type of criminal activity in the city, not obtaining timely prints and the delay in processing was impeding the solving of these cases. When the Public Safety Manager was looking for a solution to this problem, he became aware of the city of Cerritos' fingerprint processing program. However, he was told that Cerritos was not taking any new clients. Captain Todd Rogers, City of Carson Report to Mayor and City Council March 4, 2009 through his persistent dialogue with Cerritos' officials, successfully persuaded them to agree to add Carson as a client city. This agreement, under the City Manager's authority, was for a pilot program for the period April 1, 2007 through June 30, 2007 (Exhibit No. 1). As the Sheriff's Department indicated a continuing need for this service past the agreement expiration date, the contract, under the City Manager's authority, was extended through, December 31, 2007 (Exhibit No. 2). During its December 18, 2007, meeting, the City Council approved a second extension of the agreement, from January 1, 2008, through December 31, 2008, in light of the continuing success of the program and its relatively low cost (Exhibit Nos. 3 & 4). At the beginning of this fiscal year, the fee per hour for this service increased from $37.50 to $41.25 (Exhibit No.5). This, coupled with the productivity and continuing need for the service, necessitated a request for additional funds that was approved by the City Council on November 5, 2008 (Exhibit No. 6). In evaluating the effectiveness of this service over the course of 2008, the Sheriff's Department has indicated that it has proven to be an outstanding crime fighting tool. As of the end of last year, 384 cases have been submitted to the Cerritos lab; of these, in 109 cases, or 31 % of the total, persons were identified from their fingerprints. This statistic represents the single largest number of identifications at any Sheriff's Department facility. In light of this productivity, the City Council is now asked to consider further extending the term of the contract for the period January 1, 2009 through June 30, 2010 (Exhibit No. 7), at a cost not to exceed $85,000.00. This amount is based on an average monthly usage cost of approximately $4,725.00 by the Sheriff's Department, and for an 18 month contract term. Staff is requesting this term length in order to bring the contract in line with the fiscal year calendar. V. FISCAL IMPACT The first six months of this contract are already budgeted. Funds for the FY 2009/10 portion of the contract will be included in the FY 2009/10 budget. VI. EXHIBITS 1. Contract with the city of Cerritos for Fingerprinting Processing Services. (pgs. 4-7) 2. Fingerprint Processing Services Contract Amendment No. 1. (pgs. 8-9) 3. Fingerprint Processing Services Contract Amendment No. 2. (pgs. 10-11) City of Carson Report to Mayor and City Council March 4, 2009 4. Minutes, December 18, 2007, Item No. 14. (pg. 12) 5. Fingerprint Processing Services Contract Amendment No. 3. (pg. 13) 6. Minutes, November 5, 2008, Item No. 13. (pg. 14) 7. Fingerprint Processing Services Contract Amendment No. 4. (pgs. 15-16) Prepared by: Luchie S. Magante, Sr. Administrative Analyst sf.-Rev061902 Reviewed bv: City Clerk City Treasurer Administrative Services Development Services Economic DevelopmentS,rvices Public Services Action taken by City Council Date Action 3 AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALIST This Agreement for Reimbursement for Fingerprint Identification Specialists (this "Agreement"), effective as of April 1, 2007, (the "Effective Date"), is entered into by the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"), RECITALS WHEREAS, Fingerprint Identification Specialists ("FISs") have been hired in a part- time, contract capacity by Cerritos to work at the Cerritos 'Substation of the Los Angeles County Sheriff's Department (the "Cerritos Substation") located at 18135 Bloomfield Avenue, in the City of Cerritos; State of California; WHEREAS, these FISs will perform certain services for Cerritos and Carson at the Cerritos Substation; WHEREAS, Carson is interested in utilizing the services of the FISs in connection with fingerprint cases that occur in Carson and reimbursing Cerritos the applicable hourly fees for such services paid to the FISs; and WHEREAS, Cerritos and Carson have agreed to enter into this Agreement to more specifically address the terms and conditions of such services. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Cerritos and Carson agree as follows. AGREEMENT 1. The FIS' Services. Each FIS shall perform his/her services for Carson at the Cerritos Substation. Each FIS shall have access to the current "CAL -ID" system equipment owned by the County of Los Angeles and located at the Sheriff's Substation. The parties hereby acknowledge and agree that the actual investigation of crime scenes shall be the responsibility of Carson. 2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of $37.50 per hour, computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than five hundred thirty (530) hours in any fiscal year on Carson cases (the "Annual Maximum"). In the event Carson elects to increase the Annual Maximum, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase. 3. Method of Payment. Cerritos shall send an basis, beginning on July 1, 2007, setting forth a descriptio, FIS and the total fees relating to such services for such invoice to Carson on a quarterly n of the services provided by the quarter. Carson shall pay the amount indicated on such invoice for such quarter within thirty (30) days of receipt of such invoice, in the manner provided in the invoice. In the event such payment is not received by Cerritos within this thirty (30) day period, Cerritos shall be entitled to recover interest on such overdue amount at an interest rate equal to the lesser of (i) seven percent (7%), or (ii) the highest rate permitted by law, if applicable, calculated from the date such payment was due through the date it was actually received by Cerritos. In the event Carson fails to pay such overdue amount within sixty (60) days of the date such invoice was received, Cerritos shall have the right to instruct the FIS not to perform any further services for Carson, until such time as Carson has paid all sums then due Cerritos, including all interest accrued thereon. In the event Carson shall fail to pay such overdue amount, with interest, within ninety (90) days of the date such invoice was received, Cerritos shall have the right to terminate this Agreement with Carson by providing thirty (30) days written notice and if Carson shall fail to pay such overdue amount, with interest, within this 30 -day period, this Agreement shall terminate on the 30th day, and upon any such termination, neither party shall thereafter have any further liability or obligation to the other hereunder (except for items which have previously accrued and remain unpaid by Carson and except for any liability of Carson which survives such termination). 4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the June 30, 2007, unless otherwise terminated or extended in a written agreement executed by the parties. 5. Amendment; Termination. No amendment to or modification of this Agreement shall be binding or enforceable unless it is in writing and signed by the parties. Either party may request to meet with the other party to discuss the terms of this Agreement and to determine if any amendment is necessary in order to more fully effectuate the intent of the parties in entering into this Agreement. Either party may terminate this Agreement for any reason or for no reason by providing the other party with at least thirty (30) days prior written notice; provided, however, that both parties agree to meet and confer in good faith to attempt to resolve any dispute prior to exercising such right of termination. 6. Effectuation of Agreement. Cerritos and Carson hereby agree to do all the things reasonably necessary to carry out and effectuate the terms of this Agreement, including, without limitation, drafting and/or executing appropriate documents, and not to do or fail to do anything, directly or indirectly, that will interfere with the terms and conditions of this Agreement or adversely affect any of the rights provided for herein. 7. Limitation on Liability; Indemnification. In entering into this Agreement with Carson, Cerritos does not guarantee to Carson any level of service to be performed by the FIS, and Cerritos shall not be liable to Carson for any act or omission of the FIS in the performance of his/her services. Carson hereby agrees to defend, protect and hold harmless Cerritos and its employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way related to, the services performed for Carson by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Cerritos. Cerritos hereby agrees to defend, protect and hold harmless Carson and their respective employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way Pj An related to, the services performed for Cerritos by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Carson. S. Representations and Warranties. Each party represents and warrants to the other as follows: (i) it has had an opportunity to consult with an attorney regarding the contents of this Agreement; (ii) it, or its authorized agent, has read the contents of this Agreement and understands such contents; (iii) that each person signing this Agreement (a) has the full authority to act on behalf of the party for which he or she is signing and (b) has the ability to bind such party to the obligations and agreements set forth in this Agreement; and (iv) that no other person must sign this Agreement on behalf of such party in order to make the obligations hereunder binding and enforceable against such'party. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law. 10. Counterparts. This Agreement may be executed in one or more counterparts, all of which when taken together shall constitute one and the same instrument and shall be binding upon each party who may sign a counterpart of this instrument. 11. Terminology. The captions beside the section numbers of this Agreement are for reference purposes only and shall not modify or affect this Agreement in any manner whatsoever. Whenever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. 12. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions. 13. Entire Agreement. The agreements contained herein shall supersede any and all other agreements between Cerritos and Carson with respect to the subject matter hereof. 14. Independent Contractor. Neither Carson nor any of its employees shall have any control over the manner, mode or means by which the FIS perform the services required herein, except as otherwise set forth. The FIS shall be an independent contractor, shall perform consistent with that role and shall not at any time or in any manner represent that he or she or any of her agents or employees are agents or employees of Carson. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 D IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "CERRITOS" The City of Cerritos, a rnUal corporate n By: t4 Name: Art Galluc Its: City Manager "CARSON" The City of Carson, a municipal corporation By: Name: e --'S Its: ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP City Attorney 4 AMENDMENT NO. 1 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 1 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on October 1, 2007, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, the Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, Carson and Cerritos wish to amend the Agreement so that a more flexible process exists to update the hourly rate charged by the provider of the fingerprinting services provided to Carson through Cerritos under this Agreement; and WHEREAS, City and Contractor wish to further amend the Agreement to extend the term of the services provided herein until December 31, 2007. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Agreement, entitled "Related Costs and Expenses" is hereby amended in its entirety to read as follows: 642. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of $37.50 per hour, computed to the nearest quarter (1/4) hour, for time actually spent by the assigned FIS on Carson cases; provided that Carson's City Manager may approve a higher rate in writing. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than either five hundred thirty (530) hours in any fiscal year on Carson cases ("Annual Maximum") or $24,000 on the total usage of this service ("Contract Sum"), including under any increased hourly rate approved in accordance with this Section 2. In the event Carson elects to increase the Annual Maximum or Contract Sum, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase." 2. Section 4 of the Agreement, entitled "Term" is hereby amended in its entirety, to read as follows 1 oft EXHIBIT NO.2 "4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the December 31, 2007, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CARSON: CITY OF CARSON, a. California municipal corporation C� By: Name: Title: C t, 7V CERRITOS: CITY OF CERRITOS, a California municipal corporation Name: Art Gallucci Title: City Manager 2of2 p AMENDMENT NO.2 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 2 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on December 18, 2007, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, the Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 1 to extend the term of the services until December 31, 2007 and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, City and Cerritos wish to further amend the Agreement to extend the term of the services provided under the Agreement until December 31, 2008, increase the compensation payable under the Agreement so that such amount is stated as maximum total compensation, rather than maximum hours of services. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Agreement, entitled "Related Costs and Expenses", is hereby "2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of thirty-seven and 50/100 dollars ($37.50) per hour ("Hourly Fee"), computed to the nearest '/4 hour, for time actually spent by the assigned FIS on Carson cases. Carson further agrees to reimburse Cerritos for supplies required to provide the FIS services ("Supplies") in an amount not to exceed five thousand and 00/100 dollars ($5,000.00). Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than forty-five thousand and 00/100 dollars ($45,000.00) in any fiscal year on Carson cases (the "Annual Maximum"), which Annual Maximum is comprised of $40,000 for Hourly Fees and $5,000 for Supplies. In the event Carson elects to increase the Annual Maximum, the parties must enter into an amendment to this Agreement to effectuate such increase." 1 of 2 / EXHIBIT NO.3 2. Section 4 of the Agreement, entitled "Term", is hereby amended in its entirety, to read as follows: "4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the December 31, 2008, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. �ay., Jim Dear of —.ZZ - off Date ATTEST: APPROVED AS TO FORM: City Clerk Helen Kawagoe 1 �} � � City Attorney William Wynder CERRITOS: Name:', Title: City Manager Date: January 11 , 2008 2 of 2 Excerpt of the Minutes from the December 18, 2007, City Council Meeting ITEM NO. (14) REQUEST TO EXTEND THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS (PUBLIC SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. APPROVE a one-year contract with the city of Cerritos for fingerprint processing services for the period January 1, 2008, through December 31, 2008, at a cost not to exceed $45,000.00. 2. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. ACTION: It was moved to Approve New Business Consent Item Nos. 6, 12, 13, 14, 15, and 16 on motion of Dear, seconded by Williams and unanimously carried by the following roll call vote: Ayes: Mayor Dear, Mayor Pro Tem Santarina, Council Member Williams, Council Member Gipson, and Council Member Davis -Holmes Noes: None Abstain: None Absent: None EXHIBIT NO. 4 AMENDMENT NO. 3 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS WHEREAS, since the inception of the Fingerprint Identification Program in June 2004 the Fingerprint Identification Specialists (FIS) have been paid an hourly rate of $37.50; and WHEREAS, effective July 1, 2008, the salary of the FIS will increase to $41.25 per hour; and WHEREAS, the City of Carson has agreed that the costs and expenses of the FISs for work performed in connection with fingerprint cases that occur in the City of Carson will be reimbursed to the City of Cerritos on a quarterly basis; and WHEREAS, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase. NOW, THEREFORE, the Reimbursement Agreement - Fingerprint Identification Specialist shall be amended to read as follows: 2. Related Costs and Expenses The City of Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of forty-one and 25/100 dollars ($41.25) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on City of Carson cases. The City of Carson further agrees to reimburse Cerritos for supplies required to provide the FIS services ("Supplies") in an amount not to exceed five thousand and 00/100 dollars ($5,000). Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than forty-five thousand and 00/100 dollars ($45,000) in any fiscal year on Carson cases (the "Annual Maximum"), which annual Maximum is comprised of $40,000 for Hourly Fees and $5,000 for Supplies. In the event Carson elects to increase the Annual Maximum, the parties must enter into an amendment to this Agreement to effectuate such increase. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. "THE CITY" The City of Cerritos a m ipal corporatio By: Name: Art Gallucci Its: City Manager "THE CITY OF CARSON" The City of Carson, a municipal co ora By: Name: .0 Y%k rlZ,¢ o _U__f Its: EXHIBIT NO.5 i Excerpt of the Minutes from the November 5, 2008, City Council Meeting ITEM NO. (13) CONSIDERATION OF A REQUEST FOR ADDITIONAL FUNDS FOR THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS (PUBLIC SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. APPROVE the request for an additional $20,000.00 for the fingerprint processing agreement with the city of Cerritos for the period September 2008 through December 2008. 2. APPROPRIATE $20,000.00 from the unreserved, undesignated general fund balance to augment the amount currently budgeted for the fingerprint processing agreement with the city of Cerritos. ACTION: It was moved to Approve New Business Consent Calendar Item Nos. 6, 8, 9, 10, 11, 12, 13, and 14 on motion of Dear, seconded by Gipson and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Gipson, Council Member Santarina, Council Member Williams, and Council Member Davis -Holmes Noes: None Abstain: None Absent: None EXHIBIT NO.6 AMENDMENT NO. 4 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 4 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on March _, 2009, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, the Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 1 to extend the term of the services until December 31, 2007 and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, on or about December 18, 2007, Carson and Cerritos amended the Agreement to extend the term of the services until December 31, 2008, increase the compensation payable under the Agreement so that such amount is stated as maximum total compensation, rather than maximum hours of services; and WHEREAS, on or about July 1, 2008, Carson and Cerritos amended the Agreement by way of Amendment No. 3 to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, Carson and Cerritos now wish to further amend the Agreement to extend the term of the services provided under the Agreement until June 30, 2010 pursuant to the terms of this Amendment. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 4 of the Agreement, entitled "Term" is hereby amended in its entirety, to read as follows: "4. Term. The term of this Agreement shall commence on the - Effective Date and shall terminate on the June 30, 2010, unless otherwise terminated or extended in a written agreement executed by the parties." 1 of 2 EXHIBIT NO, 7 2. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 3. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CARSON: CITY OF CARSON, a California municipal corporation By: Name: Title: CERRITOS: CITY OF CERRITOS, a California municipal corporation 1.2 Name: Title: 2 of 2 City of Carson Report to Mayor and City Council June 15, 2010 New Business Consent SUBJECT: CONSIDER EXTENDING THE TERM OF THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS *bmitod by Raymbnd R. Cruz d Public Services General Manager I. SUMMARY Approved G. Groomes City Manager Since April 1, 2007, the city of Carson has maintained an agreement with the city of Cerritos for fingerprint processing services. This agreement was entered into in an effort to increase the solve rate concerning Sheriff's Department investigations of crimes committed in the city. Over the course of this contract, this service has proven so highly successful that staff is requesting that the City Council consider extending the term of the agreement from July 1, 2010, through June 30, 2011, at a cost not to exceed $75,000.00. Additionally, the City Council is asked to approve an appropriation of $5,000.00 to be paid directly to the Sheriff's Department for the purchase of fingerprint identification supplies upon the submission of an invoice and supporting documentation from the Sheriff's Department. Therefore, the total cost associated with this agreement is $80,000.00 (Exhibit No. 1). II. RECOMMENDATION TAKE the following actions: 1. APPROVE a contract extension with the city of Cerritos for fingerprint processing services for the period July 1, 2010, through June 30, 2011, at a cost not to exceed $75,000.00. 2. APPROVE an appropriation of $5,000.00 to be paid directly to the Los Angeles County Sheriff's Department for the purchase of fingerprint identification supplies. 3. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. III. ALTERNATIVES 1. DENY the agreement extension. 2. TAKE another action the City Council deems appropriate. /6 City of Carson Report to Mayor and City Council June 15, 2010 IV. BACKGROUND When the Public Services General Manager began his tenure in 2001, he learned that the Sheriff's Department was having challenges with its lab processing fingerprints taken at crime scenes. Several months would pass before information obtained from the fingerprints was transmitted from the crime lab to the Carson Station, thereby delaying its investigations of crimes committed in the city. Since property crime is the most significant type of criminal activity in the city, not obtaining timely prints and the delay in processing was impeding the solving of these cases. When the Public Safety Manager was looking for a solution to this problem, he became aware of the city of Cerritos' fingerprint processing program. However, he was told that Cerritos was not taking any new clients. Former Captain Todd Rogers, through his persistent dialogue with Cerritos' officials, successfully persuaded them to agree to add Carson as a client city. This agreement, under the City Manager's authority, was for a pilot program for the period April 1, 2007, through June 30, 2007 (Exhibit No. 2). In the time since, as the Sheriff's Department indicated a continuing need for this service and given its continued success, this agreement was extended several times, with the current contract expiring at the end of this fiscal year (Exhibit No. 3). In evaluating the effectiveness of this service over the course of 2009 and the first half of 2010, the Sheriff's Department has indicated that it has proven to be an outstanding crime fighting tool. From January 1, 2009, through, May 19, 2010, 413 cases of both crimes against a person and property crimes have been submitted to the Cerritos lab. Of these, in 103 cases, or 25 % of the total, persons were identified from their fingerprints. This is considered an outstanding positive identification rate. In light of this productivity, the City Council is now asked to consider further extending the term of the contract for the period July 1, 2010, through June 30, 2011, at a cost not to exceed $75,000.00. This amount is based on an average monthly usage cost of approximately $6,000.00 during the 12 -month contract term. Additionally, approval of a $5,000.00 appropriation for the purchase of fingerprint processing supplies by the Sheriff's Department is requested. V. FISCAL IMPACT Funds for this item will be included in the FY 2010/11 proposed budget. VI. EXHIBITS 1. Draft Amendment. (pgs. 4-6) 2. Original Agreement. (pgs. 7-10) City of Carson Report to Mayor and City Council June 15, 2010 Prepared by: Luchie S. Magante, Sr. Administrative Analyst sf:Rev06l9O2 Reviewed bv: City Clerk City Treasurer Admiiiistrative Services P (i r %G rji ,. Development Services Eco mi De to ment S rvices Public Services Action taken by City Council Date Action 3 AMENDMENT NO. 5 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 5 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on June 15, 2010, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, Carson and Cerritos entered into that certain Reimbursement Agreement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. I to extend the term of the services until December 31, 2007, and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, on or about December 18, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 2 to extend the term of services until December 31, 2008, and increase the compensation payable under the Agreement so that such amount was stated as a maximum total compensation, rather than a maximum hours of services; and WHEREAS, on or about July 31, 2008, Carson and Cerritos amended the Agreement by way of Amendment No. 3 to increase the hourly rate of compensation authorized under the Agreement pursuant to the terms of the Agreement and Amendments; and WHEREAS, on or about April 7, 2009, Carson and Cerritos amended the Agreement by way of Amendment No. 4 to extend the term of services until June 30, 2010, and to increase the total compensation authorized under the Agreement and Amendments; and WHEREAS, City and Cerritos wish to further amend the Agreement to extend the term of the services provided under the Agreement until June 30, 2011, set the maximum amount of compensation for the fiscal year authorized under the Agreement pursuant to the terms of this Amendment, and appropriate funds for the purchase of fingerprinting supplies. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: 1. Section 2 of the Agreement, entitled "Related Costs and Expenses," is hereby amended in its entirety to read as follows: "2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of Forty -One and 25/100 Dollars ($41.25) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall F—YHI IT NO. n 1 provide the FIS services to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than Seventy -Five Thousand and 00/100 Dollars ($75,000.00) on Carson cases in FY 2010/11 (the "Annual Maximum"). In the event Carson elects to increase the Annual Maximum, the parties must enter into a written amendment to this Agreement to effectuate such increase. Additionally, Carson shall appropriate $5,000.00 to be payable to the Carson Sheriffs Department (Carson Station Trust Fund), for the reimbursement of fingerprinting supplies purchased by the Sheriffs Department during FY 2010/11, upon presentation of an invoice and supporting documentation evidencing the purchase of those supplies. 2. Section 4 of the Agreement, entitled "Term", is hereby amended in its entirety, to read as follows: "4. Term. The term of this Agreement shall commence on July 1, 2010 and shall terminate on June 30, 2011, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CITY: City of Carson,,a California municipal corporation Mayor Jim Dear [SIGNATURES CONTINUED ON NEXT PAGE] ATTEST: Helen S. Kawagoe, City Clerk APPROVED AS TO FORM: Aleshire & Wynder, LLP William Wynder, City Attorney CERRITOS: City of Cerritos, a California municipal corporation By: _ Name: Title: Date: AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALIST This Agreement for Reimbursement for Fingerprint Identification Specialists (this "Agreement"), effective as of April 1, 2007, (the "Effective Date"), is entered into by the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, Fingerprint Identification Specialists ("FISs") have been hired in a part- time, contract capacity by Cerritos to work at the Cerritos Substation of the Los Angeles County Sheriff's Department (the "Cerritos Substation") located at 18135 Bloomfield Avenue, in the City of Cerritos, State of California; WHEREAS, these FISs will perform certain services for Cerritos and Carson at the Cerritos Substation; WHEREAS, Carson is interested in utilizing the services of the FISs in connection with fingerprint cases that occur in Carson and reimbursing Cerritos the applicable hourly fees for such services paid to the FISs; and WHEREAS, Cerritos and Carson have agreed to enter into this Agreement to more specifically address the terms and conditions of such services. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Cerritos and Carson agree as follows. AGREEMENT 1. The FIS' Services. Each FIS shall perform his/her services for Carson at the Cerritos Substation. Each FIS shall have access to the current "CAL -ID" system equipment owned by the County of Los Angeles and located at the Sheriff's Substation. The parties hereby acknowledge and agree that the actual investigation of crime scenes shall be the responsibility of Carson. 2. Related Costs and Expenses Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of $37.50 per hour, computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than five hundred thirty (530) hours in any fiscal year on Carson cases (the "Annual Maximum"). In the event Carson elects to increase the Annual Maximum, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase. 3. Method of Payment Cerritos shall send an invoice to Carson on a quarterly basis, beginning on July 1, 2007, setting forth a description of the services provided by the FIS and the total fees relating to such services for such quarter. Carson shall pay the 1 EXHIBIT NO, u2 � amount indicated on such invoice for such quarter within thirty (30) days of receipt of such invoice, in the manner provided in the invoice. In the event such payment is not received by Cerritos within this thirty (30) day period, Cerritos shall be entitled to recover interest on such overdue amount at an interest rate equal to the lesser of (i) seven percent (7%), or (ii) the highest rate permitted by law, if applicable, calculated from the date such payment was due through the date it was actually received by Cerritos. In the event Carson fails to pay such overdue amount within sixty (60) days of the date such invoice was received, Cerritos shall have the right to instruct the FIS not to perform any further services for Carson, until such time as Carson has paid all sums then due Cerritos, including all interest accrued thereon. In the event Carson shall fail to pay such overdue amount, with interest, within ninety (90) days of the date such invoice was received, Cerritos shall have the right to terminate this Agreement with Carson by providing thirty (30) days written notice and if Carson shall fail to pay such overdue amount, with interest, within this 30 -day period, this Agreement shall terminate on the 30th day, and upon any such termination, neither party shall thereafter have any further liability or obligation to the other hereunder (except for items which have previously accrued and remain unpaid by Carson and except for any liability of Carson which survives such termination). 4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on the June 30, 2007, unless otherwise terminated or extended in a written agreement executed by the parties. S. Amendment; Termination No amendment to or modification of this Agreement shall be binding or enforceable unless it is in writing and signed by the parties. Either party may request to meet with the other party to discuss the terms of this Agreement and to determine if any amendment is necessary in order to more fully effectuate the intent of the parties in entering into this Agreement. Either party may terminate this Agreement for any reason or for no reason by providing the other party with at least thirty (30) days prior written notice; provided, however, that both parties agree to meet and confer in good faith to attempt to resolve any dispute prior to exercising such right of termination. 6. Effectuation of Agreement Cerritos and Carson hereby agree to do all the things reasonably necessary to carry out and effectuate the terms of this Agreement, including, without limitation, drafting and/or executing appropriate documents, and not to do or fail to do anything, directly or indirectly, that will interfere with the terms and conditions of this Agreement or adversely affect any of the rights provided for herein. 7. Limitation on Liability; Indemnification In entering into this Agreement with Carson, Cerritos does not guarantee to Carson any level of service to be performed by the FIS, and Cerritos shall not be liable to Carson for any act or omission of the FIS in the performance of his/her services. Carson hereby agrees to defend, protect and hold harmless Cerritos and its employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way related to, the services performed for Carson by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Cerritos. Cerritos hereby agrees to defend, protect and hold harmless Carson and their respective employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way 2 related to, the services performed for Cerritos by the FIS pursuant to this except to the extent caused by the gross negligence or willful misconduct of Carsonreement, 8. Representations and Warranties Each party represents and warrants to the other as follows: (i) it has had an opportunity to consult with an attorney regarding the contents of this Agreement; (ii) it, or its authorized agent, has read the contents of this Agreement and understands such contents; (iii) that each ning (a) has the full authority to act on behalf of the party for whiipchrhe orsonlshe its slgi g n ngrand ebt has the ability to bind such party to the obligations and agreements set forth in this Agreement; and (iv) that no other person must sign this Agreement on behalf of such party in order to make the obligations hereunder binding and enforceable against such party. 9• Governing_ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law. 10. Counterparts This Agreement may be executed in one or morecounterparts, all of which when taken together shall constitute one and the same instrument and shall be binding upon each party who may sign a counterpart of this instrument. 11. Terminology. The captions beside the section numbers of this Agreement are for reference purposes only and shall not modify or affect this Agreement in any manner whatsoever. Whenever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. 12. Severability Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions. 13. Entire Agreement The agreements contained herein shall supersede any and all other agreements between Cerritos and Carson with respect to the subject matter hereof. 14. Independent Contractor. Neither Carson nor any of its employees shall have any control over the manner, mode or means by which the FIS perform the services required herein, except as otherwise set forth. The FIS shall be an independent contractor, shall perform consistent with that role and shall not at any time or in any manner represent that he or she or any of her agents or employees are agents or employees of Carson. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 A\ IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "CERRITOS" "CARSON" ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP City Attorney l] The City of Cerritos, a mu � ' al c"Galluc n By: Name: Art Its: City Manager The City of Carson, a municipal corporation By: Name: Its: e ITEM NO. (11) CONSIDER EXTENDING THE TERM OF THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS (PUBLIC SERVICES) RECOMMENDATION for the City Council: City Manager Groomes summarized the report and recommendation. Public Services General Manager Cruz discussed the report. Council Member Davis -Holmes expressed concern with the increased dollar amount and inquired whether the service could be part of the Sheriff's contract. Whereupon, Captain Rogers informed the City Council that the service could be part of their contract. TAKE the following actions: 1. APPROVE a contract extension with the city of Cerritos for fingerprint processing services for the period January 1, 2009, through June 30, 2010 at a cost not to exceed $85,000.00. 2. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. ACTION: It was moved to Approve staff recommendation No. 1 and 2 on motion of Dear, seconded by Williams and unanimously carried by the following vote: Ayes: Mayor Dear, Mayor Pro Tem Gipson. Council Member Santarina, Council Member Williams, and Council Member Davis -Holmes Noes: None Abstain: None Absent: None EXHIBIT N0.03 O City of Carson Report to Mayor and City Council May 9, 2011 New Business Consent SUBJECT: CONSIDER EXTENDING THE TERM OF THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS Submitted by aymond R. Cruz Public Services General Manager 4�g Approved if or ra Interim City Manager I. SUMMARY Since April 1, 2007, the city of Carson has maintained an agreement with the city of Cerritos for fingerprint processing services. This agreement was entered into in an effort to increase the solve rate concerning Sheriff's Department investigations of crimes committed in the city. Over the course of this contract, this service has proven so highly successful that staff is requesting that the City Council consider extending the term of the agreement from July 1, 2011, through June 30, 2014, at a cost not to exceed $75,000.00 per fiscal year. Additionally, staff will budget $5,000.00 annually to cover the cost of fingerprint identification supplies for the Sheriff's Department. Therefore, the total cost associated with these services is approximately $80,000.00 per fiscal year (Exhibit No. 1). II. RECOMMENDATION TAKE the following actions: 1. APPROVE a contract extension with the city of Cerritos for fingerprint processing services for the period July 1, 2011, through June 30, 2014, at a cost not to exceed $75,000.00 per fiscal year. 2. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. III. ALTERNATIVES 1. DENY the agreement extension. 2. TAKE another action the City Council deems appropriate. IV. BACKGROUND When the Public Services General Manager began his tenure in 2001, he learned that the Sheriff's Department was having challenges with its lab processing fingerprints taken at crime scenes. Several months would pass before information obtained from the fingerprints was transmitted from the crime lab to the Carson Station, thereby delaying its investigations of crimes committed in the City of Carson Report to Mayor and City Council May 9, 2011 city. Since property crime is the most significant type of criminal activity in the city, not obtaining timely prints and the delay in processing was impeding the solving of these cases. When the Public Safety Manager was looking for a solution to this problem, he became aware of the city of Cerritos' fingerprint processing program. However, he was told that Cerritos was not taking any new clients. Former Captain Todd Rogers, through his persistent dialogue with Cerritos' officials, successfully persuaded them to agree to add Carson as a client city. This agreement, under the City Manager's authority, was for a pilot program for the period April 1, 2007, through June 30, 2007 (Exhibit No. 2). In the time since, as the Sheriff's Department indicated a continuing need for this service and given its continued success, this agreement has been extended several times with the current contract expiring at the end of this fiscal year (Exhibit No. 3). In evaluating the effectiveness of this service over the course of 2010 and up to the first third of this year, the Sheriff's Department has indicated that it has proven to be an outstanding crime fighting tool. From January 2010 through March 2011, 417 cases have been submitted to the Cerritos lab. Of these, in 193 cases, or 46% of the total, persons were identified from their fingerprints. This is considered an outstanding positive identification rate. In light of this productivity, the City Council is now asked to consider further extending the term of the contract for the period July 1, 2011 through June 30, 2014, at a cost not to exceed $75,000.00 per fiscal year. This amount is based on an average monthly usage cost of approximately $6,000.00 during the 12 - month contract term. Additionally, staff will budget $5,000.00 annually to cover the cost of fingerprint processing supplies for the Sheriff's Department. V. FISCAL IMPACT Funds for this item, in the amount of $80,000.00, will be included in the budget each fiscal year in account number 01-90-905-117-6104. VI. EXHIBITS 1. Draft Amendment. (pgs. 4-6) 2. Original Agreement. (pgs. 7-10) 3. Minutes, June 15, 2010, Item No. 16. (pg. 11) DocumenO Prepared by: Luchie S Magante Senior Administrative Analyst 2 City of Carson TO:Rev032811 Reviewed b� City Clerk Administrative Services Date Report to Mayor and City Council May 9, 2011 City Treasurer Development Services ices I Public Services Action taken by City Council Action K AMENDMENT NO.6 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS THIS AMENDMENT NO. 6 TO AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALISTS ("Amendment"), is entered on July 1, 2011, by and between the City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, on or about April 1, 2007, Carson and Cerritos entered into that certain Agreement Reimbursement for Fingerprint Identification Specialists ("Agreement"); and WHEREAS, on or about October 1, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 1 to extend the term of the services until December 31, 2007, and provide a more flexible process to update the hourly rate charged by the provider of the fingerprinting services under the Agreement; and WHEREAS, on or about December 18, 2007, Carson and Cerritos amended the Agreement by way of Amendment No. 2 to extend the term of services until December 31, 2008, and increase the compensation payable under the Agreement so that such amount was stated as a maximum total compensation, rather than a maximum hours of services; and WHEREAS, on or about July 31, 2008, Carson and Cerritos amended the Agreement by way of Amendment No. 3 to increase the hourly rate of compensation authorized under the Agreement pursuant to the terms of the Agreement and Amendments; and WHEREAS, on or about April 7, 2009, Carson and Cerritos amended the Agreement by way of Amendment No. 4 to extend the term of services until June 30, 2010, and to increase the hourly rate of compensation authorized under the Agreement and Amendments; and WHEREAS, on or about June 1, 2010, Carson and Cerritos amended the Agreement by way of Amendment No. 5 to extend the term of services until June 30, 2011, and to increase the hourly rate of compensation authorized under the Agreement and Amendments; and WHEREAS, City and Cerritos wish to further amend the Agreement to extend the term of the services provided under the Agreement until June 30, 2014, and to set forth the rate of compensation and hourly rate under this Amendment No. 6 during the term of this Agreement. NOW, THEREFORE, in consideration of performance by the parties of the promises, covenants and conditions herein contained, the parties hereto do amend the Agreement as follows: I . Section 2 of the Agreement, entitled "Related Costs and Expenses", is, hereby amended in its entirety to read as follows: EXHIBIT NO. 1 "2. Related Costs and Expenses. Carson hereby agrees to continue to reimburse Cerritos for the FIS services at the rate of Forty -One and 25/100 Dollars ($41.25) per hour ("Hourly Fee"), computed to the nearest 1/4 hour, for time actually spent by the assigned FIS on Carson cases. Carson further agrees to provide for supplies required to provide the FIS services ("Supplies") in an amount not to exceed Five Thousand and 00/100 Dollars ($5,000.00). Such amount shall be paid directly to the Los Angeles County Sheriff's Department. Cerritos shall provide the FIS services to Carson in an amount as may be requested by Carson, but in no event shall the FIS exceed Seventy Five Thousand and 00/100 Dollars ($75,000.00) in any fiscal year on Carson cases (the "Annual Maximum"), which Annual Maximum is comprised of $ Forty -One and 25/100 Dollars ($41.25) per hour for Hourly Fees, and $5,000.00 for Supplies. In the event Carson elects to increase the Annual Maximum, the parties must enter into a written amendment to this Agreement to effectuate such increase." 2. Section 4 of the Agreement, entitled "Term", is hereby amended in its entirety, to read as follows: "4. Term. The term of this Agreement shall commence on the Effective Date and shall terminate on June 30, 2014, unless otherwise terminated or extended in a written agreement executed by the parties." 3. Preservation of the Agreement. Except as expressly amended by this Amendment, all of the provisions of the Agreement shall remain unaltered and in full force and effect. 4. Corporate Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to be effective as of the date first set forth hereinabove. CITY: City of Carson, a California municipal corporation Mayor Jim Dear Date: [SIGNATURES CONTINUED ON NEXT PAGE] EXHIBIT NO. 1 S ATTEST: Helen Kawagoe, City Clerk Date: APPROVED AS TO FORM: Aleshire & Wynder, LLP William Wynder, City Attorney CERRITOS: City of Cerritos, a California municipal corporation Name: Title: Date: EXHIBIT NO. 1 � e \ AGREEMENT FOR REIMBURSEMENT FOR FINGERPRINT IDENTIFICATION SPECIALIST This Agreement for Reimbursement for Fingerprint Identificastionteredci lists bythis the "Agreement"), effective as of April 1, 2007, (the "Effective Date"), City of Cerritos, a municipal corporation ("Cerritos"), and the City of Carson, a municipal corporation ("Carson"). RECITALS WHEREAS, Fingerprint Identification Specialists ("FISs") have been hired in a part- time contract capacity by Cerritos to work at the Cerritos Substation of the Los Angeles County Sheriff's Department (the "Cerritos Substation") located at 18135 Bloomfield Avenue, in the City of Cerritos, State of California; WHEREAS, these FISs will perform certain services for Cerritos and Carson at the Cerritos Substation; ces of Ss in WHEREAS, Carson es that occur intCarson andn reimbursinglCerrt Cerritos connection appl cablehoul with fingerprint cas fees for such services paid to the FISs; and WHEREAS, Cerritos and Carson have agreed to enter into this Agreement to more specifically address the terms and conditions of such services. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Cerritos and Carson agree as follows. AGREEMENT 1. The FIS' Services. Each FIS shall perform his/her services for Carson at the Cerritos Substation. Each FIS shall have access to the current "CAL -ID" system equipment owned by the County of Los Angeles and cuale� est Batson of crSmeat the heriff's sscelnes shat partbe t'he es hereby acknowledge and agree that the a responsibility of Carson. 2. Related Costs and Expenses. Carson hereby agrees to reimburse Cerritos for the FIS services at the rate of $37.50 per hour, computed to the nearest '/a hour, for time actually spent by the assigned FIS on Carson cases. Cerritos shall provide the services of the FIS to Carson in an amount as may be requested by Carson, but in no event shall the FIS spend more than five hundred thirty (530) hours in any fiscal year on Carson cases (the "Annual Maximum"). In the event Carson elects to increase the Annual Maximum, the parties hereto agree to enter into an amendment to this Agreement to effectuate such an increase. 3. Method of Payment. Cerritos shall send an invoice to Carson on a quarterly basis, beginning on July 1, 2007, setting forth a description of the services provided by the FIS and the total fees relating to such services for such quarter. Carson shall pay the EXHIBIT NO.2 "A� amount indicated on such invoice for such quarter within thirty (30) days of receipt of such vided in theevent nt is not invoice, in the manner proeriod, Cerr tos shallbe ent tled to recover interest odn by Cerritos within this thirty (30) day p te equal to the lesser of (i) seven percent (7%m� or such overdue amount at an interest ra ent (ii) the highest rate permitted by law, if applicable, calculated from the date such pay was due through the date it was actually received by Cerritos. In the event Carson fails to pay such overdue amount within sixty (60) days of the date such invoice was received, Cerritos shall have the right to instruct the FIS not to perform any further services for Carson, until such time as Carson has paid all sums then due Cerritos, including all interest accrued thereon. In the event Carson shall fail to pay such overdue amount, with interest, within ninety (90) days of the date such invoice was received, cei e , Cerritos shallhave ve thefight to terminate this Agreement with Carson by providing y )days wnotice perioand this Carson shall fail to pay such overdue amount, d' h interest, any such to thin his 3 onda neither party Agreement shall terminate on the 30th day, a shall thereafter have any further liability or obligation to the other hereunder (except for items which have previously accrued and remain unpaid by Carson and except for any liability of Carson which survives such termination). l commence on the ective te 4. Term.term of this 2007,Aun unless otherwise terminated or extenfded in aad written shall terminate on agreement executed by the parties. 5. Amendment- Termination. No amendment to or modification of this Agreement shall be binding or enforceable unless it is in writing and signed by the parties. Either party may request to meet with the other party to discuss the terms of this Agreement and to determine if any amendment is necessary in order to more fully effectuate the intent of the parties in entering into this Agreement. n Eitherparty may r party with terminate this Agreement for any reason or for no reason by providing the at least thirty (30) days prior written notice; provided, however, that both parties agree to meet and confer in good faith to attempt to resolve any dispute prior to exercising such right of termination. 6. Effectuation of Agreement. Cerritos and Carson hereby agree to do all the things reasonably necessary to carry out and effectuate the tee sof this i documents, not ment, o including, without limitation, drafting and/or executing app p ' do or fail to do anything, directly or indirectly, that will interfere with the terms and conditions of this Agreement or adversely affect any of the rights provided for herein. 7. Limitation on Liability' Indemnification. In entering into this Agreement with Carson, Cerritos does not guarantee to Carson any level of service to be performed by the FIS, and Cerritos shall not be liable to Carson for anyact or omission of the tFandnh Id the performance of his/her services. Carson hereby agrees to defend,harmless Cerritos and its employees, agents, elected officials and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way related to, the services performed for Carson by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Cerritos. Cerritos hereby agrelectedsto d fe adl, protect and. hold harmless Carson and their respective employees,agents, and officers from and against any and all costs, expenses, penalties, damages, liabilities and losses resulting from any claim, cause of action or demand arising from, or in any way 2 EXHIBIT N0.2 Ab related to, the services performed for Cerritos by the FIS pursuant to this Agreement, except to the extent caused by the gross negligence or willful misconduct of Carson. 8. Representations and Warranties. Each party represents and warrants to the other as follows: (i) it has had an opportunity to consult with an attorney regarding the contents of this Agreement; (ii) it, or its authorized agent, has read the contents of this Agreement and understands such contents; (iii) that each person signing this Agreement (a) has the full authority to act on behalf of the party for which he or she is signing and (b) has the ability to bind such party to the obligations and agreements set forth in this Agreement; and (iv) that no other person must sign this Agreement on behalf of such party in order to make the obligations hereunder binding and enforceable against such party. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law. 10. Counterparts. This Agreement may be executed in one or more counterparts, all of which when taken together shall constitute one and the same instrument and shall be binding upon each party who may sign a counterpart of this instrument. 11. Terminology. The captions beside the section numbers of this Agreement are for reference purposes only and shall not modify or affect this Agreement in any manner whatsoever. Whenever required by the context, any gender shall include any other gender, the singular shall include the plural, and the plural shall include the singular. 12. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity or unenforceability, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions. 13. Entire Agreement. The agreements contained herein shall supersede any and all other agreements between Cerritos and Carson with respect to the subject matter hereof. 14. Independent Contractor. Neither Carson nor any of its employees shall have any control over the manner, mode or means by which the FIS perform the services required herein, except as otherwise set forth. The FIS shall be an independent contractor, shall perform consistent with that role and shall not at any time or in any manner represent that he or she or any of her agents or employees are agents or employees of Carson. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EXHIBIT NO.2 D IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. "CERRITOS" The City of Cerritos, a mu al corporati n lj� By: Name: Art Galluc Its: City Manager "CARSON" The City of Carson, a municipal corporation 6y: N a m$e R4,0606ftaf e:s Its: C t All &u ATTEST: City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP City Attorney 4 EXHIBIT N0.2 Unofficial Until Approved By City Cjuncil Except of the Minutes from the June 15, 2010, City Council Meetin ITEM NO. (16) CONSIDER EXTENDING THE TERM OF THE FINGERPRINT PROCESSING AGREEMENT WITH THE CITY OF CERRITOS (PUBLIC SERVICES) RECOMMENDATION for the City Council: TAKE the following actions: 1. APPROVE a contract extension with the city of Cerritos for fingerprint processing services for the period July 1, 2010, through June 30, 2011, at a cost not to exceed $75,000.00. 2. APPROVE an appropriation of $5,000.00 to be paid directly to the Los Angeles County Sheriff's Department for the purchase of fingerprint identification supplies. 3. AUTHORIZE the Mayor to execute the contract following approval as to form by the City Attorney. ACTION: Item No. 16 was approved on the New Business Consent Calendar on motion of Dear, seconded by Santarina and unanimously carried by the following vote: Ayes: Mayor/Chairman Dear, Mayor Pro Tem/Chairman Pro Tem Santarina, Council/Agency Member Gipson, Council/Agency Member Davis Holmes, and Council/Agency Member Ruiz-Raber Noes: None Abstain: None Absent: None Carson City Council PYMIMT June 15,E1 N p, 3 PAGE 17