HomeMy WebLinkAboutORANGE, COUNTY OF -SHERIFF'S DEPARTMENi/- PU-OP-019
p; Police Ct>
N-2019-249
AGREEMENT WITH COUNTY OF ORANGE, BY AND THROUGH THE ORANGE
COUNTY SHERIFF'S DEPARTMENT AND THE ORANGE COUNTY HEALTH CARE
AGENCY
FOR INMATE HOUSING SERVICES FOR ONE CURRENT INMATE
THIS AGREEMENT made and entered into this 22"d day of November 2019, by and
between the --County of Orange, by -and through the Orange County Sheriffs Department
("OCSD") and the Orange County Health Care Agency ("HCA'j and the City of Santa Ana
("City"), a charter city and municipal corporation duly organized and existing under the
Constitution and laws of the State of California ("City"). The OCSD, HCA and City will be
referred to sometimes herein individually as "Party" or collectively as "Parties."
RECITALS
WHEREAS, the City owns and operates the Santa Ana Jail ("SA Jail') to fulfill law
enforcement efforts of the Santa Ana Police Department by meeting the incarceration needs of the
department, supplying direct and indirect law enforcement assistance, and providing for the safe,
secure, and humane housing of persons incarcerated; and
WHEREAS, the OCSD provides law enforcement functions for the County of Orange and
houses inmates at the Orange County Jail ("OC Jail") including housing for inmates awaiting trial,
and HCA provides medical care and treatment to inmates housed in the OC Jail; and
WHEREAS, the Orange County District Attorney's Office ("OCDA") is prosecuting an
action entitled as People v. Joshua Waring OCSC Case No. 17WF2266, for multiple criminal
charges ("Criminal Action"); and
WHEREAS, on November 22, 2019, the Court issued a Removal and Jail Housing Order
("Order") to transfer the Inmate, Joshua Waring ("Inmatefrom the custody of the OC Jail and
transfer Inmate to the SA Jail; and
WHEREAS, City and OCSD desire to enter into an agreement for the custody of the Inmate
while at the SA Jail in accordance with the terms herein provided; and
WHEREAS, it is understood and agreed that this Agreement is intended to facilitate
cooperation between the parties in housing Inmate at SA Jail; this Agreement does not authorize
any Party, or the employee of any Party, to act for any purpose outside of the terms and conditions
contained in this Agreement. This Agreement shall provide for the process by which the Inmate
will be housed at the SA Jail and provides for rehnbursement of medical expenses incurred while
Inmate is house at the SA Jail.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
Parties agree as follows:
#15787v6
1. TERMS AND CONDITIONS.
a. Confinement and Supervision. City shall be responsible to confine and
supervise Inmate while in the SA Jail. The SA Jail shall provide Inmate
subsistence, shelter, clothing, routine medical care, and make available such
other programs of training and treatment which are consistent with City's
present programs offered to other detainees and prisoners housed at the SA Jail.
b. Medical Care/Treatment and Expenses. The parties agree that the HCA
shall be responsible for reimbursement of any extraordinary medical costs, as
defused in this subsection, incurred by the City for the provision of Inmate's
medical care, provided the City provides advance notice of the need for
extraordinary medical care to HCA and obtains approval for provision thereof.
For purposes of this Agreement, "extraordinary medical costs" is defined as
costs for such health care that is outside the scope of medical care provided by
NaphCare or any City contracted healthcare provider for Inmate at the SA Jail.
HCA reserves the right to provide extraordinary medical care to the Inmate.
Parties agree that the costs for any medication required for Inmate outside the
scope of medications maintained and provided by NaphCare, or any City
contracted healthcare provider for inmate at the SA Jail, shall be reimbursed by
OC HCA to the City. OC HCA shall be responsible for all hospitalization
and/or surgical costs incurred and required for Inmate. If hunate requires direct
hospital admission, City shall contact HCA to coordinate admission to a HCA-
contracted hospital.
Transportation. City shall transport Inmate between the SA Jail and the
Orange County Central Justice Center ("CJC") or to any related court required
hearing(s) as required by the Court. HCA shall be responsible for all
transportation costs incurred for Inmate to be transferred to a medical facility
outside of the SA Jail. In the event of an emergency, inmate will be transported,
as necessary, and HCA shall reimburse the City for transportation of Inmate.
d. Agreement Amount. City shall provide invoices on a monthly basis detailing
the costs specified under "b" and `b", above, to HCA for reimbursement and
HCA shall be responsible for payment of those invoices. The cumulative
amount of these invoices shall not exceed the amount permitted under Section
3.3-102(1)(0) of the 2019 County Contract Policy Manual. The Parties agree
to discuss whether to amend this Agreement prior to City's continued provision
of the services specified under "b" and "o", above if the cumulative amount
exceeds the amount permitted under Santa Ana Ordinance NS-2963or Section
3.3-102(1)(c) of the 2019 County's Contract Police Manual. Notwithstanding
the foregoing, the Parties reserve the right to recover from each other any costs
and expenses associated with inmate's medical care/treatment, if such
carchreatment was caused by the negligence or willful misconduct of the other
Party its employee(s) or agent(s).
N15787v6
2, TERM AND TERMINATION: This Agreement shall be in effect from the date
of execution and shall continue in effect until terminated upon 14-day written notice by any Party.
3, RELATIONSHIP OF PARTIES: The parties enter into this Agreement as
separate, independent governmental entities and shall maintain such status throughout,
4. .INDEMNIFICATION. County of Orange agrees, to the fullest extent permitted
by law, to hold harmless, defend and indemnify the City, its officers, agents and employees from
and against any liabilities, damages, and costs (including reasonable attorneys fees and costs of
defense) to the extent caused, during this Agreement, by any willful misconduct or negligent acts,
errors or omissions of the County, its officers, agents and employees in the performance of this
Agreement. The City agrees, to the fullest extent permitted by law, to hold harmless, defend and
indemmtify the County of Orange, its officers, agents and employees from and against any
liabilities, damages and costs (including reasonable attorneys fees and costs of defense) to the
extent caused, during this Agreement, by any willful misconduct or negligent acts, errors or
omissions of the City, its officers, agents and employees in the performance of this Agreement.
S. NO THIRD PARTY BENEFICIARIES: It is expressly understood and agreed
that enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the parties and nothing contained in this Agreement
shall give or allow any such claim or right of action by any other third Party on such Agreement.
It is the express intention of the parties that any person other than the parties receiving services or
benefits under the Agreement shall be deemed an incidental beneficiary only.
6. NO ASSIGNMENT: Each Party covenants and agrees that it will not assign this
Agreement or any interest or part thereof or any right or privilege pertinent thereto without the
prior written consent of all other parties first having been obtained,
7. GOVERNING LAW: This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any of the
clauses of this Agreement shall be determined and governed by the laws of the State of California.
Both parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
8. AMENDMENT: The Parties may amend this Agreement at any time in writing.
9. ENTIRE AGREEMENT: This Agreement embodies the entire agreement of the
parties, The parties shall not be bound by or be liable for any statement, representation, promise,
inducement, or understanding of any kind or nature not set forth herein. No changes, amendments,
or modifications of any of the terms of conditions of this Agreement shall be valid unless reduced
to writing and signed by all parties.
#15787v6
10. INVOICE ANS NOTICES: All invoices under this Agreement shall be sent to
the following address for payment:
County of Orange
HCA/Contract Services
CSJnvoices@ochca.coM
Any other notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by lust class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1989
Fax: 714- 647-6956
To County:
Office of the Orange County Counsel
Attn: Nicole Sims, Supervising Deputy County Counsel
Massoud Shamel, Senior Deputy County Counsel
P.O. Box 1379
Santa Ana, CA 92702-1379
Fax: 714-834-2359
With courtesy copies to:
Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, California 92702
Fax: 714-245-8116
To Orange County Sheriffs Department:
Commander Joseph Balicki, Custody Operations
Orange County Sheriffs Department
550 North Flower Street
Santa Ana, CA 92703
Fax: (714) 953-3092
#15787v6
N-2019-249
To Orange County Health Care Agency:
Erin Winger, Deputy Agency Director
Correctional Health Services
Orange County Health Care Agency
405 W. 50, Street
Santa Ana, CA 92701
Office: (714) 834-5404
Fax: (714) 834-5506
A Party may change its address by giving notice in writing to the other Party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
l 1. LEGAL AUTHORITY: The parties assure that they possess the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to
enter into this Agreement. The person or persons signing and executing this Agreement do hereby
warrant that they have been fully authorized to execute this Agreement and to validly and legally
bind their principals to all the terms, performances and provisions herein set forth.
ATTEST:
Daisy Gomez
Clerk of the ouncil
APPROVED AS TO FORM:
SONIA R. CARVALHO
City on
By:
Tamar ran
Assistant City Attorney
Y 1578M
CITY OF SANTA ANA
Krrstine Ridge
City Manager
RECOMMENDED FOR APPROVAL:
tS
vifdoVa enti Police Ilst sc �T/
N-2019-249
APPROVED AS TO FORM
Office of the Orange County Counsel
By.
Massoud S amel
Senior Der County Counsel
#157®7v6
COUNTY OF ORANGE, BY AND
THROUGH THE ORANGE COUNTY
SHERIFF'S DEPARTMENT AND
ORANGE COUNTY HEALTH CARE
A EN '
Joseph Balicki, Commander
OCSD Custody Operations
' Winger, Deputy/A A ey Director
HCA/Correctional Health Services