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