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RESOLUTION (ID# 2628) DOC ID: 2628
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Robert Handy M/CC Meeting Date: 08/19/2013
Prepared by: Susanna Sandoval, (909) 384-
5742
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing an
Agreement Between the County of Orange, Orange County Crime Lab, and the City of San
Bernardino Police Department for Forensic Analysis and Consultation Services. (#2628)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $50,000
Account No. 123-210-0972
Account Description: SB30 Grant funding
Balance as o£ 7/31/13
Balance after approval of this item: $561,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
None.
Background:
The use of DNA in law enforcement is a relatively new phenomenon. DNA was first utilized in
law enforcement in the mid-1980s. It took many years for DNA to become standard in criminal
investigations and to be accepted universally in courts across the country. Since DNA was first
utilized in law enforcement, the technology and applications for DNA have constantly evolved
and improved. The advancements often require new equipment, training, and/or facilities. Thus,
most law enforcement agencies have struggled to keep pace with the advancements. Many
agencies have turned to private sector companies to increase their capacity to use DNA in
criminal investigations.
The San Bernardino Police Department currently uses the San Bernardino County crime lab for
DNA processing. The County Lab is a regional lab and services more than a dozen other
agencies in San Bernardino and Riverside Counties. The capacity of the County Lab has become
challenged over the years with rapidly changing technology and dramatic increases in the use of
DNA in investigations. The County has made past attempts to build and equip a new lab to meet
�^ increasing demands. The building plans were postponed during the last economic downturn.
Updated: 8/13/2013 by Susan Stevens Packet Pg. t53'
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Recently, the County approved moving forward with the design phase of a new facility with an
estimated completion date more than two years away.
At this point, the San Bernardino County Lab does not have the capacity to analyze high volume
crimes such as property crimes or low level crimes against persons. Even with some of the more
serious crimes, there are delays due to the high volume of cases and limited facilities. We tried
unsuccessfully in 2011 and 2012 to obtain a Federal grant to help utilize DNA in cold homicide
cases. Each time we were unsuccessful due to our limited DNA processing capabilities.
Consequently, we as an agency have not been utilizing DNA in many cases where DNA would
be a valuable tool in identifying suspects. Although DNA processing is not nearly as simplistic
as portrayed in modern television, technology advancements have made it possible to utilize
DNA in far more cases than ever thought previously.
Over the course of the last several months, we have been researching private sector and other
options in an effort to increase our capacity to use DNA to solve more cases. Private sector
options are limited in the way DNA can be used unless there is an existing contractual
relationship between the private lab and a governmental lab. An existing contract between the
government lab and a private lab allows for DNA processing results from the private lab to be
submitted to the Federal CODIS system. The CODIS system is a DNA database of known and
unknown offenders where matches are made to identify suspects and link crimes through DNA.
The San Bernardino County Lab does not currently have or support private processing contracts
due to their facility and staffing limitations.
Police Department staff has met with several private sector and government labs to develop a
new strategy for our agency's use of DNA in investigations. The strategy would be phased in
over time, involve other agencies in a regional approach, and eventually increase our ability to
use DNA in criminal investigations. Research has shown increased use of DNA improves
clearance rates which would contribute toward lowering our crime rate.
The first step in the process is to establish a contractual relationship with a government lab that
supports outsourcing DNA to the private sector. We have met with Orange County officials and
entered into some general agreements which have been outlined into a contract for Council
consideration. The contract would allow us to submit items of evidence to Orange County Crime
Lab for DNA processing or to one of their private contract labs for processing (results are
required to go through government lab). Funding for DNA processing, expert witness testimony,
and other costs, will come from the State grant received to offset the adverse effects of Prisoner
Realignment (AB 109) or Asset Forfeiture monies. The amount of spending on the contract will
not exceed the annual allotments of the AB 109 funds. There will be no expense to the General
Fund.
Once the relationship is solidified, we will be returning to Council to seek permission for an RFP
for private DNA processing services. We will need to contract with one of the private labs
utilized by Orange County if we decide to process outside of Orange County. Once the
relationships with both Orange County and the private lab are established, it is our intent to begin
collecting DNA samples for a local database to identify criminal offenders in our city and
surrounding jurisdictions. The samples will be collected by our officers upon arrest and also
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some selected consensual contacts. The samples will be uploaded through the private lab to the
local database where we can then compare DNA samples from local crime scenes to our local
offenders. We anticipate other surrounding agencies will participate in the program as well, and
further enhance the capabilities of the database as a method to identify suspects.
All of our plans, short and long term, are designed to enhance our use of DNA to identify
suspects and gain convictions. This new approach will not eliminate anything we do with the
County of San Bernardino nor will it take from our participation in the CODIS system.
Financial Impact and Recommendation
The Police Department recommends approval of the attached contract with Orange County for
DNA processing. The funds will be allocated from the State grant received to offset the adverse
effects of Prison Realignment or Asset Forfeiture funds if necessary. There will be no impact on
the General Fund.
City Attorney Review:
Sunportin Documents:
DNA Processing Agreement-Resolution (PDF)
OC Lab Agreement-Exhibit A (PDF)
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY
3 OF ORANGE, ORANGE COUNTY CRIME LAB, AND THE CITY OF SAN
4 BERNARDINO POLICE DEPARTMENT FOR FORENSIC ANALYSIS AND
CONSULTATION SERVICES
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON a
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: °1
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8 SECTION 1. The City Manager is hereby authorized and directed to execute on
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9 behalf of said City an Agreement between the County of Orange, Orange County Crime Lab, a
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and the City of San Bernardino Police Department for Forensic Analysis and Consultation
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11 Services, a copy of which is attached hereto marked Exhibit "A" and incorporated herein by N
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reference as fully as though set forth at length. o
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14 SECTION 2. That the Director of Finance is authorized to transfer $50,000 from
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15 grant fund account 123-210.0972 to Police General Fund expenditure account 001-210-0001-
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16 5505 and issue a Purchase Order in the amount of$50,000 to the Orange County Sheriff.
17 SECTION 3. The authorization to execute the above referenced Agreement is
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rescinded if not executed within ninety(90)days of the adoption of this Resolution. a
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY
2 OF ORANGE, ORANGE COUNTY CRIME LAB, AND THE CITY OF SAN
BERNARDINO POLICE DEPARTMENT FOR FORENSIC ANALYSIS AND
3 CONSULTATION SERVICES
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 0
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Common Council of the City of San Bernardino at a meeting
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thereof,held on the day of , 2013,by the following vote,to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT Q
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10 MARQUEZ
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11 JENKINS N
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14 SHORETT
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15 KELLEY
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16 JOHNSON
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Georgeann Hanna, City Clerk N
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21 The foregoing resolution is hereby approved this day of ,2013.
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23 Patrick J. Morris,Mayor
24 City of San Bernardino
25 Approved as to form:
JAMES F. PENMAN,
26 City A orney
27 By_
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Packet Pg 759!;
3 JOINT POWERS AGREEMENT
2 BETWEEN THE
3 COUNTY OF ORANGE
4 AND
5 SAN BERNARDINO POLICE DEPARTMENT
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7 THIS AGREEMENT is entered into this First day of 2013, which
8 date is enumerated for purposes of reference only, by and between the COUNTY OF
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9 ORANGE, a political subdivision of the State of California, hereinafter referred to as
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10 "COUNTY" and City of San Bernardino, a governmental entity located outside the
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11 County of Orange, hereinafter referred to as "CONTRACTOR." a
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12 WITNESSETH: o
13 WHEREAS, COUNTY has the authority, exercised through its Sheriff, to N
14 perform forensic analysis and consultations in investigating criminal activity; a
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15 WHEREAS, CONTRACTOR has the authority, exercised through its x
16 Chief of Police, (hereinafter referred to as CHIEF LAW ENFORCEMENT OFFICER) to w
17 perform similar forensic analysis and consultations; E
18 WHEREAS, CONTRACTOR wishes to contract with COUNTY for said a
19 analyses and consultations; J
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20 WHEREAS, COUNTY is agreeable to the rendering of such services on o
21 the terms and conditions hereinafter set forth; E
22 WHEREAS, COUNTY'S Board of Supervisors, by Resolution Number 02-
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23 133, has authorized COUNTY'S Sheriff-Coroner, Assistant Sheriff of
24 Investigations/Communications and Director or Assistant Director of the Orange
25 County Crime Lab (formerly "Forensic Sciences Services Division" and hereinafter
26 referred to as "SHERIFF") to execute agreements of this type on behalf of COUNTY;
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
2 TABLE OF CONTENTS
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4 SECTION PAGE
5 A. Term 3
6 B. Optional Termination 3
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7 C. Disposition Of Property Upon Termination 3 E
8 D. Services by COUNTY 3 ,
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9 E. Payment 4
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10 F. Notices 5 0
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11 G. Status of COUNTY AND CONTRACTOR 6 a
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12 H. Alteration of Terms 7 0
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13 I. Indemnification 7
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14 Signature Page 8 a
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1 A. TERM:
2 The term of this Agreement shall be the period of three (3) years, unless earlier
3 terminated by either party in the manner set forth herein.
4 B. OPTIONAL TERMINATION:
5 COUNTY or CONTRACTOR may terminate this Agreement, without cause,
6 upon fourteen (14) days written notice to the other party.
7 C. DISPOSITION OF PROPERTY UPON TERMINATION: 0
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8 If, at the time this Agreement terminates, COUNTY has in its possession items
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9 submitted for examination or other evidence provided by CONTRACTOR on
10 which COUNTY has not yet completed forensic analysis, COUNTY shall return
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11 said items submitted for examination or other evidence to CONTRACTOR.
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12 D. SERVICES BY COUNTY: o
13 1. COUNTY'S SHERIFF shall administer this Agreement. co
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14 At his sole discretion, COUNTY'S SHERIFF, through his Forensic Sciences a
15 Services Division, shall render to CONTRACTOR the following forensic analysis
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16 and consultation services as requested by CONTRACTOR'S CHIEF LAW W
17 ENFORCEMENT OFFICER: E
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19 Case Number:
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20 1. Sample and analyze DNA from evidence and standard. Enter any DNA 0
21 profile foreign to the victim into CODIS.
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23 Total estimated hours: hours
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25 2. COUNTY'S SHERIFF shall provide all manpower, supervision, training,
26 services, supplies and equipment necessary to perform the analysis and
27 consultation services as required in this Agreement.
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1 3. COUNTY'S SHERIFF shall provide CONTRACTOR with written forensic
2 analysis results within the following time periods after receipt of samples or
3 evidence for analysis:
4 30 days after receipt of evidence
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4. Court testimony required in connection with or pertaining to any forensic a
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analysis and/or consultation will be provided by COUNTY, as agreed by N
10 COUNTY'S SHERIFF and CONTRACTOR'S CHIEF LAW ENFORCEMENT 0-
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E. PAYMENT: co
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1. CONTRACTOR agrees to pay to the COUNTY the costs of performing the
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services mutually agreed upon in this Agreement. The cost of service will be
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an hourly rate that includes: salaries, wages, benefits, services, supplies, w
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equipment, and divisional, department and County General overhead. If E
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court testimony is requested, the cost shall be a charge to CONTRACTOR in i
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addition to the charge for forensic analysis and/or consultation.
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2. The hourly rate charged to the CONTRACTOR shall be computed by the o
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ORANGE COUNTY SHERIFF-CORONER in accordance with salaries,
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wages, benefits, services, supplies, equipment, and divisional, department
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and County General overhead rates in effect at the time the services are a
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provided.
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3. COUNTY shall invoice CONTRACTOR monthly for services provided in the
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preceding month.
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4. CONTRACTOR shall pay COUNTY for forensic analyses and consultations
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in accordance with COUNTY Billing Policy. COUNTY shall charge
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1 CONTRACTOR late payment penalties in accordance with said COUNTY
2 Billing Policy.
3 5. If testimony is requested or required by a COUNTY employee, in connection
4 with or pertaining to a forensic analysis and/or consultation, CONTRACTOR
5 shall pay COUNTY no later than ten (10) days prior to the first day on which
6 it is anticipated the COUNTY employee will testify. Said initial payment shall
7 be at the county rate in effect at the time of request multiplied by the E
8 estimated number of hours the COUNTY witness spends to appear and
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9 testify. At the conclusion of the testimony, CONTRACTOR shall reimburse =
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10 COUNTY for the full cost to COUNTY of having the witness testify, including:
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11 a. The full cost of the witness' round trip travel between COUNTY and the a
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12 place of testimony. o
13 b. The full cost of the witness' salary and benefits while travelling and CM
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14 staying in the area where he/she is to testify. a
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15 c. The full cost of the witness' meals and lodging while travelling to and
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16 from and staying in the area where he/she will testify,
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17 d. COUNTY'S indirect costs as calculated by the County Auditor-Controller E
18 and SHERIFFS staff.
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19 e. Any other expenses that may be incurred by COUNTY or the witness in
20 connection with the witness' testimony. o
21 6. CONTRACTOR shall pay COUNTY the balance of the cost for the testimony
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22 of the COUNTY witness within thirty (30) days after the billing date on the
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23 invoice.
24 F. NOTICES:
25 1. Except for the notices provided for in Subsection 2 of this Section, all notices
26 authorized or required by this Agreement shall be effective when written and
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I deposited in the United States mail first class postage prepaid
and
2 addressed as follows:
3 COUNTY: ATTN: DIRECTOR, OC CRIME LAB
SHERIFF-CORONER DEPARTMENT
4 320 NORTH FLOWER ST
5 SANTA ANA CA 92703
6 CONTRACTOR: San Bernardino Police Department
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San Berna[dino. CA 92407 a
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2. Termination notices shall be effective when written and deposited in the 2
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United States mail, certified, return receipt requested and addressed as z
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above. 00
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G. STATUS OF COUNTY AND CONTRACTOR:
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COUNTY is, and shall at all times be deemed to be, an independent contractor.
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Nothing herein contained shall be construed as creating the relationship of x
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17 employer and employee or principal and agent between CONTRACTOR and
COUNTY or any of COUNTY's agents or employees. COUNTY, its agents and
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employees shall not be entitled to any rights or privileges of CONTRACTOR
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employees and shall not be considered in any manner to be CONTRACTOR
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employees.
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CONTRACTOR is, and shall at all times be deemed to be, an independent
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23 contractor. Nothing herein contained shall be construed as creating the a
24 relationship of employer and employee or principal and agent between
25 COUNTY and CONTRACTOR or any of CONTRACTOR'S agents or
26 employees. CONTRACTOR, its agents and employees shall not be entitled to
any rights or privileges of COUNTY employees and shall not be considered in
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28 any manner to be COUNTY employees.
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1 H. ALTERATION OF TERMS:
2 This Agreement fully expresses all understanding of CONTRACTOR and
3 COUNTY with respect to the subject matter of this Agreement and shall
4 constitute the total Agreement between the parties for these purposes. No
5 addition to, or alteration of, the terms of this Agreement shall be valid unless
6 made in writing, formally approved and executed by duly authorized agents of
7 both parties.
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8 I. INDEMNIFICATION:
s COUNTY, its officers, agents, employees, and independent contractors shall not
10 be deemed to have assumed any liability for the negligence or any other act or
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11 omission of CONTRACTOR or any of its officers or employees.
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12 CONTRACTOR shall indemnify and hold COUNTY, its officers, agents, o
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13 employees and independent contractors free and harmless from any claim or
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14 liability whatsoever based or asserted upon any act or omission of a
15 CONTRACTOR, its officers, agents, employees, and independent contractors X
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16 related to this Agreement, for property damage, bodily injury or death or any L
17 other element of damage of any kind or nature, and CONTRACTOR shall E
18 defend at its expense, including attorney fees, COUNTY, its officers, agents, Q
19 employees and independent contractors in any legal action or claim of any kind 3
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20 based upon such alleged acts or omissions. 0
21 COUNTY shall indemnify and hold CONTRACTOR, its officers, agents E
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22 employees and independent contractors, free and harmless from any claim or Y
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23 liability whatsoever, based or asserted upon any act or omission of COUNTY, its
24 officers, agents employees, and independent contractors related to this
25 Agreement, for property damage, bodily injury or death, or any other element of
26 damage of any kind or nature, and COUNTY shall defend, at its expense,
27 including attorney fees, CONTRACTOR, its officers, agents, employees and
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1 independent contractors in any legal action or claim of any kind based upon
2 such alleged acts or omissions.
3 IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County
4 of Orange, State of California.
5 DATED:
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BY:
$ City Manager Q
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10 Approved as to form:
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11 JAMES F. PENMAN, a
12 City Attorney Q
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14 By.
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DATED: w
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17 COUNTY OF ORANGE
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BY:
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APPROVED AS TO FORM: Q
Benjamin P. de Mayo, County Counsel
24 Orange County, California
25 BY:
26 Deputy
8/14!13
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