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HomeMy WebLinkAboutORANGE, COUNTY OF (83)�)VV� ,ti Crime Lab Services Agreement Between the �q 1, 1 A, A' County of Orange and the City of Santa Ana This Agreement, made and entered into on 1989 by and between the CITY OF SANTA ANA, a municipal corporation located within the County of Orange, hereinafter designated as "CITY," and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, COUNTY provides a full range of criminalistic services to law enforcement agencies throughout the county of Orange; and WHEREAS, CITY desires to utilize said criminalistic services; WHEREAS, COUNTY will need to employ additional skilled employees to render said services for the benefit of CITY; and WHEREAS, CITY is prepared to provide funds to support four (4) criminalists and one (1) lab aide as employees of COUNTY; and CITY will provide and pay for the services of one senior full-time criminalist; and WHEREAS, COUNTY is prepared to provide certain specified criminalistic services within certain agreed upon time frames; and WHEREAS, COUNTY agrees that certain revenues as hereinafter set forth generated by CITY Police Department workload will be applied against the funds contributed by CITY to Support four (4) criminalists and one (1) lab aide, and the payments shall be made quarterly; - 2 -- NOW, THEREFORE, for and in consideration of mutual agreements, covenants, promises and stipulations hereinafter contained, by the parties hereto, CITY and COUNTY hereby agree as follows: 1. This document shall constitute an AGREEMENT between CITY and COUNTY with respect to the provision of criminalistic services by COUNTY for the benefit of CITY for which CITY shall provide payment to COUNTY as hereinafter stated. No alteration or additions to.the terms of the AGREEMENT, whether verbal or written, shall be valid unless made in writing, formally approved and executed by both parties herein. 2. The term of this AGREEMENT shall be March 15, 1989 until June 30, 1990. In the event that this AGREEMENT is not renegotiated or otherwise revised or invalidated prior to the above mentioned expiration date, the terms and conditions as herein stated will continue in full force and effect until a new agreement is entered into or until the present -AGREEMENT is modified or terminated. 3. COUNTY will hire, train and properly supervise four (4) criminalists and one (1) lab aide in anticipation of accommodating the increased workload that COUNTY's crime lab will experience from the cases sent by CITY's Police Department. County will determine the qualifications of such employees and the training and level of supervision to be provided. 4. CITY will pay to COUNTY an amount equal to $49,180 per year per criminalist for each of the four (4) criminalists that will be hired by COUNTY, and $26,136 per year for the lab aide. Payment to COUNTY shall be made quarterly at the end of each quarter. — -3- COUNTY understands that CITY shall deduct from its annual total payments to COUNTY an amount equal to the following funds received and retained by County as a result of cases in which the arrest was made by CITY's Police Department: (a) The one-third (1/3) of the fees described in Penal Code Section 1001.15 which are required to be deposited in a Criminalistics Laboratory Fund in the County Treasury and which are not distributed in accordance with Health and Safety Code Section 11502; (b) The one-half (1/2) of the fees described in Penal Code Section 1001.16 which are required to be deposited in a Criminalistics Laboratory Fund in the COUNTY Treasury and which are not distributed in accordance with Health and Safety Code Section 11502; (c) The monies described in Penal Code Section 1463.14 which are required to be deposited in a special account to be used to pay the cost of performing blood, breath or urine analyses and related services and which are not distributed in accordance with Penal Code Section 1463; and (d) The monies which are deposited in a Criminalistics Laboratory Fund pursuant to Health and Safety Code Section 11372.5 and which are not distributed in accordance with Health and Safety Code Section 11502. 5. CITY shall provide to COUNTY free of charge the services of one (1) full-time senior criminalist from March 15, 1989 until June 30, 1989. Said criminalist shall not be deemed an employee of COUNTY for any purpose whatsoever nor shall said criminalist be _q- entitled to any of the rights, privileges or benefits of COUNTY employees. CITY shall be wholly responsible for the manner in which said criminalist performs the services required by the terms and conditions of this AGREEMENT. CITY assumes exclusively the responsibility for the acts or omissions of said criminalist. CITY shall defend, indemnify and hold harmless the COUNTY, its agents, officers and employees from any loss, damages, injury, claim, demand or liability resulting in whole or in part, or alleged to result to in whole or in part, from the acts or omissions of said criminalist. 6. COUNTY, among other services that may be provided, will provide to CITY oral or written results of the following types of analyses within the following time frames: Serology 6-8 weeks Toxicology 2 weeks Solid Dose Drugs 3 days Alcohols 2-3 days Trace Evidence 6-8 weeks Failure to provide the above described analyses within the stated time frames after receipt of a request for analysis may be grounds for CITY to amend or terminate the AGREEMENT. 7. CITY shall pay all costs to move a Hewlett Packard GC/MS 5987A (mass spectrometer) now leased to CITY, from CITY to COUNTY facility; to install said mass spectrometer at a COUNTY facility; and to move said mass spectrometer from a COUNTY facility back to CITY facility when this AGREEMENT terminates. COUNTY will supply necessary power, water and environmental condition required by manufacturer. If at any time during the term of this AGREEMENT the mass spectrometer system or any part thereof is not in good working order, CITY shall cause repairs to be made, to place the system or -5- any part thereof in good working order. CITY will continue to make payments related to the lease and/or purchase of said mass spectrometer system and if CITY purchases said mass spectrometer system,.CITY shall retain title to it. CITY shall be responsible for and shall make all payments for the maintenance of said mass spectrometer system. CITY shall permit COUNTY to use any part or all of said mass spectrometer system, free of charge, whenever COUNTY personnel determine it is appropriate or necessary to do so. CITY shall defend, indemnify and hold harmless COUNTY, its officers, agents and employees from any loss, damage, injury, claim, demand or liability resulting, in whole or in part, or alleged to result, in whole or in part, from the malfunctioning or breakdown of said mass spectrometer system or any part thereof, except for any loss, damage or injury resulting from the negligent operation of said machine by an employee or agent of COUNTY. 8. CITY shall permit COUNTY, free of charge, to have a reasonable access to, use, and move to COUNTY premises any other crime lab equipment and supplies owned by CITY. COUNTY shall pay moving costs for any such equipment or material moved from CITY to COUNTY facilities. COUNTY shall pay the costs of maintaining any such equipment in.good working order during that portion of its remaining useful life during which it is in use by COUNTY. 9. Neither party shall delegate or assign its responsibilities hereunder without prior written approval by the other party. 10. Each party agrees to indemnify and hold the other, its officers, agents and employees, harmless from any claims, demands or liability arising out of the acts or omission of itself and its agents and employees in the performance of this AGREEMENT. 11 . Either party may terminate this AGREEMENT by giving to the other party at least one hundred eighty (180) days written notice of termination. 12. All notices authorized or required by this AGREEMENT shall be deemed effective when they are deposited in the United States mail postage prepaid, and addressed as follows: (a) To CITY: City Manager David N. Ream City of Santa Ana 20 Civic Center Plaza, M-31 Santa Ana, CA 92701 (b) to COUNTY: Director John L. Ragle Forensic Science Services Orange County Sheriff -Coroner Department P.O. Box 449 Santa Ana, CA 92702 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth opposite their respective signatures on identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof. DATED: DATED: COUNT ,ORANGE Chairman of the Board of Supervisors Signed and Certified that a copy of this document has been delivered to the Chairman of the Boar d. � I/_ - LINDA A. RUTH 35 - Clerk of the Board of Supervisors or Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA B Y '_"'BARBARA L. STOCKER, Deputy DATED: CITY OF SANTA ANA BYGR Ihniel H. Young, APPROVED AS TOFORM: CITY Skk�T�a\ ANA XM_�gf: ce C. Guy (1-1-erk of the Comc.'