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Home My WebLink AboutFOUNTAIN VALLEY, CITY OF (2)P,D 6ti .�,&RANCE NOT ON FILE '4ORK MAY NOT PROCEED CLERK OF COUNCIL DATE: ?D('Jont-" C0vAyt)(1) fpr AGREEMENT FOR THE DETENTION IN THE SANTA ANA CITY JAIL OF PERSONS TAKEN INTO CUSTODY BY THE CITY OF FOUNTAIN VALLEY POLICE DEPARTMENT N-2021-020 THIS AGREEMENT made and entered into December 15, 2020, by and between the City of Fountain Valley, a municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "Agency"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. Agency desires to use the facilities and personnel of the Santa Ana City Jail (hereinafter collectively "Detention Facility") to house detainees held in custody by the City of Fountain Valley Police Department for violation of California Penal Code §647(f), being under the influence of alcohol, drugs or other controlled substance (hereinafter "§647(f) detainees"). B. City has availability in its Detention Facility to house detainees of Agency. C. The parties agree to utilize the Detention Facility under the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: TERM The term of this Agreement commences upon execution of this Agreement and continues for two years until December 14, 2022. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 2. SCOPE OF SERVICES City agrees to provide the housekeeping, safekeeping and subsistence of §647(f) detainees of Agency in accordance with this Agreement. 3. COMPENSATION a. Agency agrees to pay, and the City agrees to accept as total payment for housing Agency detainees, the Daily Jail Rate of One Hundred Forty -Six Dollars ($146.00), per prisoner day. Agency agrees to reimburse the City, separate from the Daily Jail Rate, for emergency medical costs, routine and non -routine, as set forth in Section 4, below. b. Payment by Agency shall be made within thirty (30) days following receipt of proper invoice from City. 4. SUPPORT AND MEDICAL SERVICES a. City agrees to accept and provide for the secure custody, care and safekeeping of Agency's detainees in accordance with state and local laws, standards, policies, procedures and court orders applicable to the operation of City' s facilities. City agrees to provide Agency' s detainees with the same level of on -site medical care and services provided to City' s prisoners. Agency shall reimburse City for expenses incurred by City in providing transportation and security for detainees requiring removal from the Detention Facility for emergency medical or mental health services. b. Original invoices for all costs associated with hospital or health care services provided to Agency's detainees outside City' s Detention Facility shall be submitted to Agency for direct payment by Agency to the service provider. City shall notify Agency as soon as possible of all emergency medical or mental health cases requiring removal of detainee from City' s Detention Facility and to obtain prior authorization for removal for all other medical or mental health services required, c, City shall provide routine over-the-counter pharmaceutical and routine prescription care for Agency detainees. Any long- term medication for chronic care, including, but not limited to, HIV and psychotropic medications shall be the responsibility of the Agency. d. Persons injured or ill prior to arrival at the City' s Detention Facility must have a medical clearance issued by a doctor or hospital of Agency's choice. If the detainee requires further medical or mental health treatment due to such injury or illness, Agency shall be responsible for all required transportation and treatment. e. Agency shall be responsible for all testing of blood, breath or urine. 5. INSURANCE. Each party represents that it is self -insured for up to at least one (1) million dollars for general liability ( including property damage and bodily injury) as well as worker's compensation claims. Each party agrees to provide the other with a letter setting forth their respective self -insured retention and any additional excess insurance cgverage prior to the start of services under this Agreement if requested by the other party. 6. INDEMNIFICATION AND HOLD HARMLESS Agency agrees to and shall indemnify and hold harmless the City, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the Agency or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. City agrees to and shall indemnify and hold harmless the Agency, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the City or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. NOTICE Any communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile (714) 647- 6956 With courtesy copies to: And: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 245- 8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P. O. Box 1988 Santa Ana, California 92702 Facsimile ( 714) 647- 6515 To Agency: City Clerk City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Facsimile ( 714) 593-4551 and: Chief of Police City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Facsimile (714) 593- 4453 A party may change its address by giving notice in writing to the other party. 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 facsimile, 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. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Agency, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shal I prevail. This Agreement may not be modified except by written instrument signed by the City and the Agency. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Agency nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.., I 9, JURISDICTION — VENUE 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 N-2021-020 proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA j®r KRISTINE RIDGE City Manager ATTEST: — iATSY GClerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: /P DA IN Chief of Police CINY OFF UNTAIN VALLEY V1 pl�L OBERT HOUSTON City Manager ATTEST: ice, f —I{-T wa ic1C Miilcrc Deputy City Clerk APPROVED AS TO FORM: ALEXANDRA M. HALFMAN Attorneys for City RECOMMENDED FOR APPROVAL: Chief of Police