03.07 Lead Forensic Specialist Agreement 6-30-2022 t���',�a�i�Y�� �`�
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.����` . April 9, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Thomas C. Kisel hief of Police [�
�
REVIEW: City Mana er inance �7✓1�/
1. SUBJECT
Agreement with the County of Orange for a Lead Forensic Specialist in the Police
Department through June 30, 2022.
2. SUMMARY
The Police Department contracts with the Orange County Sheriff's Department for
fingerprint examination and related services for criminal investigations. The proposed
three-year agreement will provide the continuation of services for a dedicated Lead
Forensic Specialist to conduct fingerprint examinations in the amount of $144,079 for
Fiscal Year 2019-2020.
3. RECOMMENDED ACTION �
Approve agreement and authorize the Mayor and City Clerk to execute on behalf of the
City.
4. FISCAL IMPACT
The total expenditure for this agreement is $144,079 and will be funded upon adoption of
the proposed Fiscal Year 2019-2020 budget through General Fund (100).
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
Over the years, the Police Department's Forensic Services Specialist position has
remained vacant due to lack of qualified candidates. This 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 to a contractual service agreement that
ITEM ,�,� 1 04/09/2019
assigned a dedicated fingerprint examiner to the Orange Police Department (OPD)
casework. Since contracting with OCSD, the department has cleared the backlog of
fingerprint analysis and has remained current with daily activity. In addition, latent hits are
above average for 2018 with 107 hits compared to 68 in 2017. As a full-time Lead
Forensic Specialist assigned to OPD, the examiner renders enhanced fingerprint
examination, court testimony pertaining to fingerprint examinations, and related services
for criminal investigations within city limits. OCSD provides all staffing, supervision,
management, training, services, supplies and equipment necessary to deliver services.
The existing Forensic Services Specialist, position control number 234-001, is currently
frozen and results in a salary savings of $90,324 to mitigate the contractual services
amount of$144,079, resulting in a net cost of$53,755.
The original three-year agreement with OCSD for a latent fingerprint examiner is set to
expire June 30, 2019. Based on their high level of service and positive results, the
department is requesting to renew a three-year contract with the County of Orange for
the continuation of latent print services through June 30, 2022. Funds to cover the cost
of services for the remaining fiscal years will need to be budgeted during the annual
budget process.
7. ATTACHMENT
• Agreement with the County of Orange
ITEM 2 04/09/2019
� � AGREEMENT
2 BETWEEN THE
s CITY OF ORANGE
4 AND THE
s COUNTY OF ORANGE
6
� THIS AGREEMENT is entered into this Twentieth day of March, 2019,
8 which date is enumerated for purposes of reference only, by and between the CITY OF
s ORANGE, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political
�o subdivision of the State of California, hereinafter referred to as "COUNTY".
11 WITNESSETHt
�z WHEREAS, CITY wishes to contract with COUNTY for enhanced
13 fingerprint examiner and related services for major crimes; and
14 WHEREAS, COUNTY is agreeable to the rendering of such services, as
15 authorized in Government Code Sections 51301 and 55632, on the terms and conditions
16 hereinafter set forth,
�� NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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Page 1 of 11
1
2 TABLE OF CONTENTS
3
4 SECTION PAGE
s A. Term 3
s B. Optional Termination 3
� C. Regular Services by COUNTY 3
s D. Duties of CITY 5
9 E. Payment 5
�o F. Notices 7
- �� G. Status of COUNTY 8
�2 H. State Audit 9
13 I. Alteration of Terms 9
14 J. Indemnification 9
15 Signature Page 11
16 Attachment A: County Billing Policy
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Page 2 of 11
� A. TERM:
2 The term of this Agreement shall be for three (3)years, commencing July 1, 2019
s and terminating June 30, 2022 unless earlier terminated by either party in the
a manner set forth herein.
5 B. OPTIONAL TERMINATION:
s COUNTY or CITY may terminate this Agreement, without cause, upon ninety(90)
� days written notice to the other party.
s C. REGULAR SERVICES BY COUNTY:
s 1. COUNTY, through its Sheriff-Coroner Department, hereinafter referred to as
�o "SHERIFF", shall render to CITY enhanced fingerprint examination and
11 related services for criminal investigations as provided in Subsection C-2 and
�2 C-3 below. Criminal investigations include, but may not be limited to,
13 homicide, aggravated assault, sexual assault, property crimes, etc. and the
14 services provided by COUNTY pursuant to this Agreement shall be limited to
15 fingerprint examination and related services for said crimes committed within
�s the city limits of CITY. COUNTY shall provide the services described herein
�� for such crimes when requested by CITY's designated police staff, to the
�s extent that requested services reasonably can be provided by the SHERIFF
19 personnel assigned to provide services hereunder within the working hours
2o specified herein.
2� 2. SHERIFF shall provide all staffing, supervision, management, training,
22 services, supplies and equipment necessary to deliver services as provided
2s in this Agreement. Services will include court testimony by assigned
za SHERIFF staff pertaining to the fingerprint examination and related services
25 provided pursuant to this Agreement.
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Page 3 of 11
� C. REGULAR SERVICES BY COUNTY: (Continued)
2 3. SHERIFF shall provide CITY with services as follows:
s a. One (1) Lead Forensic Specialist—The Lead Forensic Specialist will be a
4 dedicated position, assigned to CITY's Police Department casework on a
s full-time basis to conduct fingerprint examinations, automated Fingerprint
s Identification System tenprint and latent fingerprint entry and related
� services that support the operation of CITY. Office hours will be eight
s hours per day Monday through Friday, served at the SHERIFF's Brad
s Gates Forensic Science Center, unless a different work schedule is
�o requested by CITY and approved by SHERIFF. "Assignment on a full time
11 basis" means that the assigned COUNTY employee will devote 80 hours
�2 per two-week pay period, less paid holidays, vacation, sick leave and other
13 types of short-time paid leave available to said employee pursuant to
14 applicable COUNTY personnel policy, providing services pursuant to this
15 Agreement. If the assigned COUNTY employee takes vacation or other
16 leave for a period in excess of 10 successive working days, SHERIFF shall
�� assign another employee of similar rank and skill level to perform services
�a hereunder for the remainder of the assigned employee's extended leave.
19 4. Supplies and Processinq
zo a. COUNTY will provide supplies needed for fingerprint examination and
2� related services conducted by SHERIFF.
22 Included in the supplies to be provided by COUNTY will be digital media
2s submitted by SHERIFF to the SHERIFF's photo lab, in conformance with
za existing SHERIFF's policies.
2s b. Digital media supplies for cases investigated by CITY personnel are not
2s included in the services and supplies to be provided by COUNTY pursuant
2� to this Agreement, but may be provided, at the option of the SHERIFF,
2s upon payment by CITY of the full additional costs thereof.
Page 4 of 11
� D. DUTIES OF CITY:
2 1. CITY and its police personnel shall cooperate with and appropriately assist
s SHERIFF personnel providing services pursuant to this Agreement, so as to
a further the Parties' shared goal of ensuring that fingerprint examinations for
s crimes committed in CITY are conducted accurately, efficiently and in a timely
s fashion, in accordance with the highest professional standards.
� E. PAYMENT:
a 1. Pursuant to Government Code Section 51350, CITY agrees to pay to
s COUNTY the costs of the services, equipment and supplies provided by
�o COUNTY pursuanf to this Agreement. Said costs include salaries, wages,
11 benefits, mileage, services, supplies, equipment, and divisional, department
�2 and COUNTY Overhead.
13 2. The cost of regular services, equipment and supplies provided by COUNTY
14 for the period from July 1, 2019 through June 30, 2020 shall be as follows:
15 SERVICE COST OF SERVICE
16 Personnel Costs:
�� • One (1) Lead Forensic Specialist $ 144,079
�a TOTAL COST $ 144.079.
19 3. COUNTY shall invoice CITY monthly. During the period July 1, 2019 through
2o June 30, 2020 said invoices will require payment by City of one-twelfth (1/12)
2� of the cost for services referenced in paragraph E-2 of this Agreement.
22 4. a. By April 15, 2020, and 2021, SHERIFF shall submit to CITY, in writing, a
2a recommended level of service and an estimate of the costs to COUNTY of
2a providing said services to CITY in the following fiscal year. Said estimate
2s shall reflect the full anticipated costs to COUNTY of providing said
Zs services, equipment and supplies and shall be computed by SHERIFF In
z� accordance with current COUNTY cost data. Within thirty days after
2s receipt of said cost estimate, CITY shall transmit to SHERIFF its written
Page 5 of 11
� E. PAYMENT: (Continued) �
2 acceptance or rejection of said estimates. CITY's Chief of Police is hereby
s authorized to determine whether to accept or reject said cost estimates.
a b. If CITY accepts said cost esfimate, then SHERIFF or her designee, on
s behalf of COUNTY, and CITY's Chief of Police, on behalf of CITY, are
s authorized to execute a written amendment to this Agreement reflecting
� the service level and CITY's obligation to pay said cost for the ensuing
s fiscal year. Said amendment shall not change other terms and conditions
s of this Agreement, except the service level and cost, unless first approved
�o by COUNTY's Board of Supervisors and CITY's Council. SHERIFF and
11 CITY's Chief of Police shall cause originals of any amendments to this
�z Agreement that are executed to be filed with COUNTY's Clerk of the Board
13 of Supervisors and CITY's Clerk immediately upon execution.
14 c. If the Parties are unable to agree by June 30 of any fiscal year on the level
15 of service to be provided by COUNTY to CITY or on the amount to be paid
16 by CITY for services to be provided by COUNTY for the following fiscal
�� year, this Agreement will terminate as of September 30, of the following
�s fiscal year. The period of July 1 through September 30, if applicable,
19 provides the Parties up to the date of termination on September 30 to
2o continue contract negotiations. During said period of continuing
2� negotiations July 1 through September 30, COUNTY will provide the level
22 of service provided in the preceding fiscal year, and CITY shall be
2s obligated to pay the cost of such services provided in the prior fiscal year.
2a The full cost of such services may exceed the cost of similar services
z5 provided in the prior fiscal year.
2s 5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors'
2� approved County Billing Policy, which is attached hereto as Attachment A,
28 and incorporated herein by this reference.
Page 6 of 11
� E. PAYMENT: (Continued)
2 6. COUNTY shall charge CITY late payment penalties in accordance with
s COUNTY Board of Supervisors' approved County Billing Policy.
a 7. The cost of potential future salary and benefit increases or decreases are not
s included in the costs set forth in Subsection E-2 of this Agreement. If COUNTY
s incurs or becomes obligated to pay for any such increases for or on account
� of personnel whose costs are included in the calculations of costs charged to
$ CITY hereunder, CITY shall pay COUNTY, in addition to the cost of service
s set forth in Subsection E-2 of this Agreement, the full costs of said increases
�o to the extent such increases are attributable to work performed by such
�� personnel after July 1, 2019, and CITY's cost of service hereunder shall be
�2 deemed to have increased accordingly. CITY shall pay COUNTY in full for
13 such increases on a pro-rata basis over the portion of the period between
14 July 1, 2019 and June 30, 2020 remaining after COUNTY notifies CITY that
�s increases are payable.
16 In the event that salaries and benefits costs for COUNTY employees
�� decrease for or on account of personnel whose costs are included in the
�8 calculations of costs charged to CITY hereunder, COUNTY shall notify CITY
19 of decreased cost and bill accordingly.
2o F. NOTICES:
2� 1. Except for the notices provided for in subparagraph 2 of this paragraph, all
22 notices authorized or required by this Agreement shall be effective when
zs written and deposited in the United States mail, first class postage prepaid
24 and addressed as follows:
2s CITY: LIEUTENANT - ADMINISTRATION
2s ORANGE POLICE DEPARTMENT
2� 300 E. CHAPMAN AVE.
28 ORANGE, CA 92866
Page 7 of 11
� F. NOTICES: (Continued)
2 COUNTY: DIRECTOR
s ORANGE COUNTY CRIME LABORATORY
4 SHERIFF-CORONER DEPARTMENT
s 320 NORTH FLOWER STREET
s SANTA ANA, CA 92703
�
s LAW ENFORCEMENT CONTRACT MANAGER
s SHERIFF-CORONER DEPARTMENT
�o FINANCIAL/ADMINISTRATIVE SERVICES DIVISION
11 320 NORTH FLOWER STREET, SUITE 108
�2 SANTA ANA, CA 92703
13 //
14 2. Termination notices shall be effective when written and deposited in the
15 United States mail, certified, return receipt requested and addressed as
�s above.
� �� G. STATUS OF COUNTY:
�s COUNTY is, and shall at all times be deemed to be, an independent contractor
19 and shall be wholly responsible for the manner in which it performs the services
2o required of it by the terms of this Agreement. Nothing herein contained shall be
z� construed as creating the relationship of employer and employee, or principal and
z2 agent, between CITY and COUNTY or any of COUNTY's agents or employees.
2s Nothing herein contained shall be construed as creating the relationship of
2a employer, or principal and agent, between COUNTY and any of CITY's agents or
25 employees. COUNTY and its SHERIFF shall retain all authority for rendition of
2s services, standards of pertormance, control of personnel, and other matters
2� incident to the performance of services by COUNTY pursuant to this Agreement.
zs COUNTY, its agents and employees, shall not be entitled to any rights or
Page 8 of 11
� G. STATUS OF COUNTY: (Continued)
2 privileges of CITY employees and shall not be considered in any manner to be
s CITY employees. CITY, its agents and employees shall not be entitled to any
a rights or privileges of COUNTY employees and shall not be considered in any
s manner to be COUNTY employees.
s H. STATE AUDIT:
� Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be
s subject to �examination and audit by the State Auditor for a period of three (3)
s years after final payment by CITY to COUNTY under this Agreement. CITY and
�o COUNTY shall retain all records relating to the performance of this Agreement
11 for said three-year period, except that records pertaining to any auclit then in
�z progress, or any claim or litigation shall be retained beyond said three-year period
13 until final resolution of said audit, claim or litigation.
14 I. ALTERATION OF TERMS:
15 This Agreement fully expresses all understanding of CITY and COUNTY with
16 respect to this subject matter of this Agreement, and shall constitute the total
�� Agreement between the parties for these purposes. No addition to, or alteration
�s of, the terms of this Agreement shall be valid unless made in writing, formally
19 approved and executed by duly authorized agents of both parties.
2o J. INDEMNIFICATION:
2� 1. COUNTY, its elected and appointed officials, officers, employees, agents,
22 subcontractors, independent contractors and those special districts and
2s agencies for which COUNTY's Board of Supervisors acts as the governing
2a Board ("COUNTY INDEMNITEES")shall not be deemed to have assumed any
2s liability for the negligence or any other act or omission of CITY or any of its
2s officers, agents, employees, subcontractors or independent contractors, or for
z� any dangerous or defective condition of any public street or work or property
2a of CITY, or for any illegality or unconstitutionality of state statutes or CITY's
Page 9 of 11
� J. INDEMNIFICATION: (Continued)
2 municipal ordinances. CITY agrees to indemnify, defend with counsel
s approved in writing by COUNTY, and hold all COUNTY INDEMNITEES
4 harmless from any claims, demands or liability of any kind or nature, including
s but not limited to personal injury or property damage, arising from or related
s to the services, products or other performance provided by City and including
� those based or asserted upon the condition of any public street or work or
$ property of CITY, or upon the illegality or unconstitutionality of any state statute
s or municipal ordinance of CITY of which SHERIFF has investigated an alleged
�o or actual violation, or upon any act or omission of CITY, its officers, agents,
11 employees, subcontractors and independent contractors related to this
�2 Agreement. If judgment is entered against CITY and COUNTY by a court of
13 competent jurisdiction because of the concurrent active negligence of
14 COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability
15 will be apportioned as determined by the court. Neither party shall request a
16 jury apportionment.
�� 2. COUNTY agrees to defend, indemnify, and hold CITY, and its elected and
�s appointed officials, officers, employees, agents, subcontractors and
19 independent contractors harmless from any claims, demands or liability of any
2o kind or nature, including but not limited to personal injury or property damage,
2� arising from or related to the services, products or other performance provided
22 by COUNTY pursuant to this agreement. If judgment is entered against
2s COUNTY and CITY by a court of competent jurisdiction because of the
2a concurrent active negligence of CITY, COUNTY and CITY agree that liability
2s will be apportioned as determined by the court. Neither party shall request a
2s jury apportionment.
2� //
Zs //
Page 10 of 11.
� IN WITNESS WHEREOF, the parties have executed the AGREEMENT
2 in the County of Qrange, State of California.
3
DATED:
4 CITY OF ORANGE �
5 ATTEST:
City Clerk
6
BY:
� Mayor
a APPROVED AS TO FORM:
s BY:
�o
City Attorney
11 ------------------------------------------------------------------------------------------------------------
�2 DATED:
13
14 BY:
Chairwoman of the Board of Supervisors
�5 County of Or.ange, California
16
�� Signed and certified that a copy.of this
Document has been delivered to the Chair
�s of the Board per G.C. Sec. 251.03, Reso 79-1535
Attest:
�s
20
Robin Stieler
2� Clerk of the Board of Supervisors
County of Orange, California
22 APPROVED AS TO FORM:
23 Office of the Co.unty Counsel
Orange County, Califomia
24
zs BY: i�����C�
26 Deputy
27
28 DATED: �/a C�� �l
Page 11 of 11
- ATTACHMENT A
COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors
shall bill contracting entities for materials and/or services provided under contract in
accordance with the following standardized billing and collection policy. Billing frequency is
dependent on whether the contract is a fixed price or actual cost contract. Payment due
date is designed to be both responsive to the County's cash flow needs and reasonable
enough as to not require special processing by the contracting entity. If payments are not
received by the required due dates, a late payment fee shall be computed and billed to the
contracting entity in accordance with the requirements of this procedure.
Nothing herein shall affect the liability, including pre-judgment interest, of the contracting
party for services or materials in as much as this is a policy to enact standard billing
practices.
II. DEFINITIONS
A. Contract for the purposes of this policv - A contract is a formal written agreement, a
purchase order from the contracting entity, or any other acceptable mutual
understanding between the contracting parties.
B. Received bv the Countv - The phrase "received by the County", as used in Section VI of
this policy, refers to the date a payment is received by the County. It is defined as the
date the payment is in the County's possession. It is not the date the payment is posted
or deposited by the County.
III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurrinq Contracts) - Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued no later
than five (5) working days after delivery by the County of the materials and/or services.
Examples of such one-time, non-recurring provision of materials and/or services might
be a city contracting with the Sheriff for security service at a parade or sporting event; or,
a city purchasing a computer listing containing certain city-requested data. Payment due
date shall be invoice date plus 30 days.
B. Fixed Price (Onaoinq/Recurrina Contracts) - Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued according to the
following frequency:
1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one
(1) annual invoice. Annual invoices will be issued for each 12-month period of the
contract, or portions thereof. Invoices shall be issued no later than five working days
after the beginning of each 12-month period. Payment due date shall be invoice date
plus 30 days.
Page 1 of 4
2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12-
month period, shall be billed in quarterly installments. Quarterly invoices will be
issued representing the contract amount for each 12-month period of the contract, or
portions thereof, prorated into four (4) installments. Invoices shall be issued no later
than 30 days after the beginning of each quarter. Payment due date shall be 60 days
after the beginning of each calendar quarter.
3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in
monthly installments. Monthly invoices will be issued representing the contract
amount for each 12-month period of the contract, or portions thereof, prorated into 12
installments. Invoices shall be issued on or before the first day of each service
month. Payment due date shall be 30 days after the beginning of each service
month.
An example of a fixed price contract for ongoing, recurring provision of materials and/or
services might be a city contracting with the Sheriff for law enforcement services.
IV. AC,TUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurrinq Contracts) - Invoices that represent a billing for a
one-time, non-recurring provision of materials and/or services shall be issued after
delivery by the County of the materials and/or services and no later than 15 days after
actual cost data is available. Payment due date shall be invoice date plus 30 days.
B. Actual Cost (Onqoinq/Recurrinq Contracts) - Invoices that represent a billing for an
ongoing, recurring provision of materials and/or services shall be issued on a monthly
basis and shall represent the cost of materials and/or services provided to the
contracting entity during the previous calendar month. Such invoices shall be issued no
later than 15 days after the close of the monthly billing period. If the County
agency/department/district does not utilize a monthly billing cycle, the invoice shall be
issued no later than 15 days after actual cost data is available. Payment due date shall
be invoice date plus 30 days.
Examples of actual cost contracts for the ongoing, recurring provision of materials and/or
services might be a city contracting with the County for communications equipment
repair or waste disposal at a County landfill.
V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at
. least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting
entity would always have at least invoice date plus 30 days to pay. If the County is early in
issuing an invoice, the contracting entity would still have a payment due date of either 60
days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of
the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have
a payment due date of November 7. An invoice for August service, dated and issued July 20
(early)would have a payment due date of August 30.)
Page 2 of 4
VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to
incur costs not contemplated by the County/contracting entity agreement, the exact amount
of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to,
costs such as administrative follow-up and processing of delinquent notices, increased
accounting costs, etc.
Late charges will be assessed in the following situations:
— Over-the-counter payments will be assessed a late charge if any payment is not received
by the County by the payment due date.
— Payments transmitted to the County via the U.S. Mail that have the payer's postage
meter mark will be assessed a late charge if any payment is not received by the County
by the payment due date plus one day.
— Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office
postmark dated after the payment due date will be assessed a late charge.
The late charge assessed in each of these situations shall be three-quarters of one percent
(0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days
of the payment due date. An additional charge of three-quarters of one percent (0.75%) of
said payment shall be added for each additional 30-day period that the payment remains
unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in
accordance with this policy.
VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor-
Controller for subsequent collection action, such as deduction from contracting entity
moneys on deposit with the County Treasurer in accordance with Government Code Section
" 907 and any other applicable provision of law. Non-payment of invoices and applicable late
charges will constitute a breach of contract for which the County retains all legal remedies
including termination of the contract.
VIII. DISCOUNT FOR EARLY PAYMENT ,
Any payment received by the County from a contracting entity 20 days or more before the
payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If
the contracting entity takes a discount, and the payment is received by the County less than
20 days before the payment due date, County staff shall immediately notify the contracting
entity by telephone that the discount should not have been taken and that the balance is due
by the original payment due date.
If the balance is not received by the County in accordance with the dates as specified in
Section VII, applicable late charges shall be calculated on the balance due.
Page 3 of 4
IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal
year being closed out that represents charges or prepayment for materials and/or services
for the upcoming fiscal year shall be reclassified from a revenue account to a deferred
revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified
to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which
represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to
be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total
amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification
entries shall be made by Auditor-Controller Agency Accounting units, or for those
agencies/departments/districts without such a unit, the agency/department/district shall notify
the Auditor-Controller of the amounts to be reclassified.
X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted
services in contract rates. Including all direct costs, allocated indirect costs such as
departmental and County (CWCAP) overhead, and cost of capital financing.
XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as
of the date this policy is approved by the Board of Supervisors) shall remain in effect for the
life of the contract. However, when these existing contracts are renegotiated, they shall
contain the billing provisions as set forth in this policy.
XII. DEVIATIONS FROM POLICY
Deviations� from this policy shall be approved by the Board of Supervisors. Proposed
deviations by agencies/departments/districts shall be submitted to the CEO for concurrence
in advance of filing an Agenda Item Transmittal (AIT)with the Clerk of the Board. The CEO,
or his/her designee, shall advise the agency/department/district of approval or disapproval of
the proposed deviations. If a County agency/department/district submits a contract to the
Board of Supervisors for approval, and the billing provisions in the contract deviate from this
policy, the agency/department/district shall specifically advise the Board of Supervisors in
the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation
relative thereto.
Page 4 of 4 �
CITY COUNCIL MINUTES APRIL 9, 2019
3. CONSENT CALENDAR(Continued)
3.7 Agreement with the County of Orange for a Lead Forensic Specialist in the Police
Department through June 30,2022. (A2100.0; AGR-6447.3)
ACTION: Approved agreement and authorized the Mayor and City Clerk to execute on
behalf of the City.
3.8 Consultant Services Agreement with Darren Doerschel for consulting and support
related to the Police Department Emergency Operations Center remodel.
ACTION: Approved the Agreement with Darren Doerschel in the amount of$17,100 for
professional services and authorized the Mayor and City Clerk to execute on behalf of the
City. (A2100.0; AGR-5921.D)
3.9 Agreement with Chapman University for production of Local Cable Programming.
ACTION: Approved the agreement with Chapman University in the amount of$900,000
for the production of local cable programming, and authorized the Mayor and City Clerk
to execute on behalf of the City. (A2100.0; AGR-5689.B)
3.10 Second Amendment to the Amended and Restated Agreement with North Net Joint
Powers Authority for North Net Fire Training Facilities.
ACTION: Approved the amendment to agreement with North Net Joint Powers Authority
for North Net Fire Training Facilities, and authorized the Mayor and City Clerk to execute
on behalf of the City. (A2100.0; AGR- 0160.1.E.2)
3.11 First Amendment to Attorney Services Agreement with the law firm of Nielsen
Merksamer Parrinello Gross & Leoni to provide legal services related to litigation
defense in the matter of Southwest Voter Registration Education Project, et al., v. City
of Orange. (A2100.0; AGR-6751.1)
ACTION: 1) Approved a First Amendment to Attorney Services Agreement with Nielsen
Merksamer Parrinello Gross&Leoni in the amount of$250,000;and authorized the Mayor
and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of
$250,000 from the General Fund unreserved fund balance to expenditure account ntunber
100.0301.51600.00000, General Fund—Legal Services.
3.12 Appropriation of$30,400 in designated donation funding received from the Friends
of the Orange Public Library. (C2500.I)
ACTION: 1)Accepted into the city's revenue budget$30,400 in donations from Friends of the
Orange Public Library, revenue account number 100.2001.48390.19990, Donations—Friends
of the Library; and 2)Authorized the appropriation of$30,400 to Friends of the Orange Public
Library(#19990)to the following expenditure account numbers:
100.2001.53301.19990,Library Books $6,750
100.2001.53340.19990, Craft Supplies 2,000
100.2004.51423.19990,Maintenance Contracts 7,400
100.2004.53910.19990,Minor Office Equipment 750
100.2014.53910.19990, Minor Office Equipment 500
100.2016.51670.19990, Other Prof. & Consulting 5,000
100.2016.53340.19990, Craft Supplies 3,500
100.2017.53340.19990, Craft Supplies 4,500
$30,400
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