HomeMy WebLinkAboutAGR-6447.A.2 - COUNTY OF ORANGE - SECOND AMENDMENT FOR A LEAD FORENSICS SPECIALISTS FY 2021-22of personnei whose costs are included in the calculations of cos s charged to
CITY hereunder, CITY shall pay COUNTY, in addition to fihe cos ofi service
ser rorth in Subsecfiion E-2 of this Agreemenf, the r'ull costs of said increases
to the exteni such increases are aftributable to work perfiormed by such
s i j ersonnel a ter July 1, 2021, and Cl fY's cost of service hereunder shall be
r, ;d emed to have increased accordingly. CIT'Y s nall pay COUNTY in full for
7 ;such increases on a pro-rafa basis over the portion of the periocl between
a ;;July 1, 2021 nd June 30, 2022 remaining after COUNTY notifies CITY that
9 i increases are payable.
o ;n fihe event that salaries and benefits costs for COUNTY employees
decrease for or on account of personnel whose costs are includecl in the
2 ';calculations of costs charged to CITY hereunder, COUNTY shall notify CITY
13 'of decreased cost and bill accordingly."
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3. All other provisions of the Agreement, to the extent that the i are not in conflict with
s this SECOND AiVIERlDi/IER T TO AGREEMERIT, remain unchanged.
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IN WITNESS WHEREOF, the parties have executed the SECOND
2 AMENDMENT TO AGREEMENT in the County of Orange, State of California.
3 I
DATED:5`l!•I
4 CITY OF ORANGE
5
ATTEST:
s City Clerk
BY:
8 Mayor
s APPRO ED AS TO FORM:
10 J
BY: BY:
C' y orney Chief of olice
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13
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DATED: s ,121
15
16 COUNTY OF ORANGE
e BY:
SHERIFF-C RO R
19
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22 APPROVED AS TO FORM:
23 Office of the County Counsel
County of Orange, California
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2s BY: i G,_
26 Deputy
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28 DATED: //
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9;lt Ie.° k s7
f 4 f d@ l 9' R D`TE ' 7, 992
I. OLICu
Ali C unty agenc es/departm nts/districts (Counfy) governed by fhe Board of Supervisors
shai; bill con racfing enfi ies ior materials andlor services provided under cantracf in
ccor ai ce wifih fih fiollowing standardized billing and collec rion policy. C iiling firequency is
dependent on whether the confirac is a fixed price or actual cost contract. Paymenr due
ate is designed to be both responsive to the County's cash flow needs and reasonable
enough as to not require special processing by the confracting entifiy. ifi paymenfs are noi
eceived by i ie required due Qafes, a I te payment f shalf be ca ripu ed and bilfed to the
ca racring nti y ir, accc rciance Uvith tre requirernen ts of this procedura.
datf ing hercin shail afiect ihe liability, including pre-judgment interes i, of he contracting
pd ty or LrVIGGS or rriare,ials irr as much as this is a policy to er act s2andard billing
Y,`C;C(C S.
II.UE;=1 iTiC f S
A. Contract Yor the purpos o F his policv - 1 contracfi is a forma! written agre m t, a
urchage orde i`rot n the con'cracting en ity, or any other acceptable mutual
ur dzrs ianding between the contraciing parfies.
3. K ceiv d bv the Coun v - The phrase "received by the County", as used in Section VI o f
this policy, refers to fhe date a payment is received by the County. It is defined as the
u te t e p yn r nt is in ihe C unty's pos5ession. It is noi the daie the payment is posted
or dzposited by the County.
III. FIXED PRICE COIVTRACTS
A. =ixed ric (Or e-Time/iVor-Recurring Contracts) - Invoices th«t represenfi a billing r'or a
or-ti r, non-recurring provision of rr aterials and/or s ivices sna{I be is5ued no lafier
an five (5) wor cing days after delivery y fhe County of fhe materials and/or services.
xamples of such one-time, non-recurring provision of materials and/or services might
e a ci iy con rac;ing with the Sheriff for security service at a parade or sporting event; or,
ci y purchasing a computer listing containing certain cify-requesfed dafa. Payment due
d re hall be irtivoicE c tE lus 30 ciays.
B. oxed !ric (Or c oinU E urrir q Cor trac s) - Invo ces tha t rz r s nt a billing for an
or goii g, re urring provision of materials nd/or services shali be issued accor rJi g to the
oilo n i g fr:;c uer cy:
1. A nua{ billinc s zha total $10,000 or less per 12-month period shall be billed via one
1) annuai invoice. Annual invoices will be issued for each 12-month period of the
r Tracf, or portio;s fnereaf. Ir voices shall be issued na lai r inan fiv woi k ng days
ai tcr fh l egir ning c zach .12-mon th period. Payment due da e shall be i voice date
p us 30 d y s.
Page ° of 4
Ccu f r!y ii;in th?r Gre greaier t an '0,000 ut nat more than $200,000 pEr 12-
i-nc h periaa, si aEf b ail(ed in quart rly installments. uai terly invoices will be
issued re resenfing he contrac amounf for each 12-monih eriod oF the contract, or
o:ions i e eoi, pror te into four (4} ins ailments. invoices sn all be issued no later
ih 1 30 c'i y s aft r fhe beginning o'F e ch c uarter. Paymenf due date shall be 60 days
atter he beginning of each calendar quarter.
3. ;1f;a 7ii;fy ?liings th i ar greater fihan $200,OOU per 2-mo fh p riod shall be biiled in
mon'thiy ns aiirn n cs. fVlortr ly invoices wi(I be issued representing he cc 7tract
rr o r f 7`0 e c 1-monfh period ofi he con racf, or por'iions cr of, prora ed info 12
inst llme;s. woices shall be issued on r beforE tne ;i-s caay or' edcn senrice
i'7'0 tiii. '2 fI71El': dUE date shail be 30 days after rhe beginning of each service
rnonth.
An exarnpi a i sixed Nrice contract iar c ngoing, recurring provision f iaferials andlor
seivices rnign ue a city coE-tracting wi ih il-e Sheriff for lavv er forcern nt senrices.
IV. ACTUAL OST COi lT:e-lC7S
A. Actual Cosf (One-Time/Non-Recurrinq Contracfs) - Invoices that represenfi a biifing for a
ne-ti e, ,or-recur-ri g provision or rnafierials a d/or services sh ll k e issued af er
c eiivery by tl e ou y oi the mai rials ar7d/or services and no later than 15 days after
acfual cosi data is available. Paymenr due date shall be invoice dafe plus 30 days.
B. Actual Cost (Onqoinq/Recurrinq Contracts) - Invoices thaf represent a billing for an
on oing, recurt-ir g p;ati ision af materials ancl/or services shall be i5sued on a monthly
basis and shall represenf fhe cost or materiais and/or services provided to the
ccn racfii g er ity cauring the prev ous calendar month. Such in•doices shall pe issued no
ate rf an 'I 5 days ar"t r the close o fih monthly I i{ling p rioc. ff if iz County
agency/department/districf does not ufilize a monthly billing cycle, the invoice shall be
issued no later than 15 days after actual cost data is available. Payment due date shall
invcic date plus 30 d ys.
xarr pics ofi t!.i, cc t cantracfis or the ongoing, recurring provision of mat ri is «nd/or
services might b a ciiy conrracfing with the Goun y for comrnunicafions equipment
a r r w sre disposal ai a County landfiil.
V. PRl'i1'iEl-C CUE VA i S
IVot,-if st ndiry ii rovis;ar s o Sections II and i above, paymer i du date sn ll be a t
leasi invoi e date pius 30 days. !f i County is lat in issuing an invoice, the confiracting
enti y v ouici Iw ys hav at ie sf invoice dafie plus 30 days tio pay. if the County is early in
issuing an invoice, he con racfing enfiity would still have a payment due date of either 60
ays aiter fhe beginning of fhe quarter (quarter y invoices) or 30 days after the beginning or'
the service month (monthly invoices).
Xl fviPLES: An invoicE for Gctober service, daied and issued October 8 (late) would have
ment due ds:t o` E overnb r l. ,,n invc ice for August service, dated a d issued July 20
ariyj n ould havE a paym r t due dafie o August 30.)
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VI. .AT` ;;-i,q:,rU
he (re payrrert cT an} inv iced amcu i !y a con:racting eniity will cause the Coun'ty to
inc!; costs rof conTe n{a ed ay ihe CounTy/contracting ntity ar reemen, fihc- xac amount
nfi s.ach cos t wili i e extr rr ly difficult o asce tain. Such cosrs include, bui are not limited o,
cosf. such as adr inistr five follaw-up and processing or delinquent ;-otices, increased
cc t!ntir g cos is, Etc.
i a'c c ar cs wii e :s ss u in the foiicwing si uQiions:
i:?ver-t-counfe; ;aaymc't v ill be assessed a I«te charge i a y payment is i ot received
y zY;e Ccu ty y I i yrner i due clate.
aymenis transmitted to the County via ihe U.S. Mail thaf have the payer's postage
me r ri ark w fi be assessed a late charge it ny payment is not receiv d by the Counry
y Yhe pa imenf due d te plus one day.
yments trar so ni fed to the County via the U.S. Mail that have a U.S. Post Office
posfmark dated after ihe ayment due date will be assessed a late charge.
The late ci7arge assessed in e ch ofi hese i uarians shail be fhree-quarters o one percent
0.7%j oi the payment due and unpaid plus $100.Q0 for late payments made within 30 days
of the payment due date. An additional charge of three-quarters of one percent (0.75%) of
sai paymeni sha;i be acided fit r eaci addi'ionai 30-ay period that rhe payment remains
unp id. Late chGr es s all be added to fne payment ar d invoiced fio rh cantracting entity in
accordanc with this policy.
V. IJQ C°V7
A y in•Joice r mainirg unpaid 90 days after rhe invoice date shall be referred to fhe Auditor-
C;or iroifer i r subs quet t coiE c iion acfi;on, uch as deducticn r'rorn confir cting en ti y
morleys ori cposit vi ih e County Treasurer in accordance with Government Code Section
907 and any ofher appiic ble provision of law. Non-payment of invoices and applicable late
ci rges vuiil e,s itut a breach of contract for which he Counfy refiains all legal remedies
including terrninafion o the contracf.
VIII. Di CcJUIVT r0 ,RLY AY UI f T
Any ;yr c-rrt receiv G y tf e County firom a cantracting enfiify 20 clays r rno b fiore the
y;Erat duE ci c sh li bE n¢itled 'ro a aiscounfi ofi one-qu c r of one pe cer t (U.25%). li
rie coiii a ting_e-rity taF«:s a discount, and the payment is received by the County less than
20 days before the payment due date, Counfy staff shall immediafely notify the contracting
niity by t lepho e fihat rhe disccun t should no4 have been taken and thaf fhe balance is due
by the original payment due date.
f th balance is not received by the Coun±y in accordance with he dates as speciried in
S ct;or '!!i, a plicaaie ,afe charyes shal! be calculated on ihe balance due.
Nage 3 of 4
r;, LV i l;IX. i f=r. : ' .z _
t 'ri c f yea erc; ar y uor:io oY rc-venue invoic (ot necessaril r re ived) durii the ;iscal
yea{ eing closed aut l at re res n s charr es or pre ayment for mar2rials nd/or services
r Y,i upcoming iscGl ar ha{! 5 :classi7`ied Frorn a revenue ccau fo G dc-ferred
r vei;ue accouni (li bility). ?n fhe new fiscal year the deferred revenue shafl be reclassi Fied
o G rc-ver e c un. (E AyViPLE: On June , 19X1, a ciiy is invoiced $8,000 which
r presenrs chargEs for the 12-manth period June 1, 19 C1 to M y 31, 9X2. The mounr to
ue r ci;`iec, tc d:ierr d revenue waufu be $4,OOQ, re ressntin •I'1.12fhs oi` fil-e to'taf
mounf. Iri Juiy 19:'i, thc ,000 would be recl ssified o r venuc.) eclassi ication
i-tr cs s!a!i ae ;rc:ce y F,uJitor-Confroll r g;:ncy Accounting units, or for those
g2flCleSIQC 1 171 I1 SiC i trici withou such a uri i, ihe agency/deparimenf/ai trict sh if notiiy
e T,ueii ur-or,t;ofl r f t- ai1 ounrs to ae reclassified.
X. ':,u i;'t"C`J'
ii our f; ger ci siaepar`m nt/distric 5 sh i! include ali cosfs of prcviding contractea
services r c nfracf rat. I cluding II direct cos s, alinc fea indir c i costs such as
dep i f me ital ai d Lourity (CVV aP) overh ad, and casfi of capital financing.
XL ;ilSTfU ONTRACTS
lir g rms ancs provi ions c;r ained in existing ccr racting e tity dgrecni nts (existinc s
fine at:: tt is o?icy is provea by the 8oard of upervisors) shall rerr uin in e`r tec For the
iif f th contract. Hawev r, vhen these existing contracts are r ne otiafed, they shall
contain the billing provisions as set forth in fhis policy.
XII. DEVIATIOI S FROi/1 POLICY
Dev iians rra,n rh;s policy si all be approved by the Board of Supervisors. 'roposed
ulevi tioris I y ag rcies!de{ariments/districts shall be submitted to the EO or concurrence
r G•r cc c,filing n `.gend I t m Transmi tt l (/IT) with the Clerk of the Board. The CEO,
or his/her designee, shall advise the agency/department/disfrict of approval or disapproval of
rie ro os d devia ion. I a County agency/depar menf/district submits a contract to he
bo rc of Supervisors for approval, and fhe billing provisions in the con`ract deviate from this
elicy, thc ag ncylc par ent/istrict shall specifically advise the Uoar of Supervisar in
h:; ,t!; of ie dcvi tion, i c re son for the deviaYion, and of the CEO's recomrnenda ion
Ela;vc- i r tu.
Page 4 of 4
CfT'f. (F QR;G
CIT` CLER(
CITY OF ORANGE JZ a, 7 a :
CONTRACT/AGREEMENT TRANSMITTAL
ROUTE TO: CITY CLERK'S OFFICE x
FROM: Hilda Montoya EXT. 7522.
DEPT. HEAD APPROVAL: DATE 4/26/21
of contract and funds) "
COUNCIL DATE: 5/11/21
SUBJECT: Second Amendment to A reement No. 6447.3 with the County of
Orange for a Lead Forensics Specialist during FY 21-22.
TOTAL COST: 169,775
ACCOLJNT NO.: 100.4034.51780
NOTES:Once si ed, please mail three ori inal documents to the following:
Oran e County Sheriff's Department
320 N Flower Street
Santa Ana, CA 92703
Attn: Luz Lopez, Financial Administrative Services
Printed on Recycled Paper
R Agenda Itemaoa,Fo
c; s
City CouncilP
Item #: 3.7.5/11/2021 File #: 21-0140
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Thomas C. Kisela, Chief of Police
1. SUBJECT
Second Amendment to Agreement No. 6447.3 with the County of Orange for a Lead Forensic
Specialist during Fiscal Year 2021-2022.
2. SUMMARY
The Second Amendment with the County of Orange authorizes the continuation of services for a
dedicated Lead Forensic Specialist to conduct fingerprint examinations in the amount of$169,775 for
Fiscal Year 2021-2022.
3. RECOMMENDED ACTION
Approve the Second Amendment to Agreement No. 6447.3 with the County of Orange in the amount
of $169,775 for a Lead Forensic Specialist and authorize the Mayor and the City Clerk to execute on
behalf of the City.
4. FISCAL IMPACT
The total expenditure for this agreement is $169,775 and will be funded through General Fund (100).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.
6. DISCUSSION AND BACKGROUND
Over the years, the Police Department's Forensic Services Specialist position remained vacant due
to lack of qualified candidates. The Forensic Services Specialist position provides vital services to the
department and requires a unique skill set and qualifications not easily attained. The department
relied on the assistance of the Orange County Sheriff's Department (OCSD) for many years.
However, this process resulted in a delay in processing evidence that resulted in a backlog of
fingerprint analysis. In January 2017, the Police Department transitioned from a first-come, first-serve
basis with the County to a contractual services agreement that assigned a dedicated fingerprint
examiner to the Orange Police Department casework. The department mitigated the cost of services
by holding the department's Forensic Services Specialist position vacant, and ultimately eliminated
the position in July 2019. Since contracting with OCSD, the department has cleared the backlog of
fingerprint analysis and has remained current with daily activity.
City of Orange Page 1 of 2 Printed on 5/6/2021
Item #: 3.7.5/11/2021 File #: 21-0140
The initial agreement with the County covers three fiscal years, commencing July 1, 2019. The
agreement requires City Council to authorize cost increases in years two and three to continue with
the agreement. If the cost estimates are not approved in the subsequent fiscal years, the contract
can be terminated. The cost breakdown is provided below:
Contract Fiscal Year Cost of Service Annual Increase
Year One 2019-2020 144,079
Year Two 2020-2021 154,909 10,830 (7.51% Increase)
Year Three 2021-2022 169,775 14,866 (9.59% Increase)
Three Year Total 468,763
Annual increases are calculated by the County and include the full anticipated cost of services,
equipment, and supplies in accordance with current County cost data.
Based on their high level of service and positive results, the department is requesting the
continuation of services in an amount not to exceed $169,775 for Fiscal Year 2021-2022.
7. ATTACHMENTS
County of Orange Second Amendment
City of Orange Page 2 of 2 Printed on 5/6/2021