HomeMy WebLinkAbout25B - AGMT - BOOKING SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 17, 2017
TITLE:
AGREEMENT WITH THE CITY OF
TUSTIN AND THE CITY OF
NEWPORT BEACH TO PROVIDE
BOOKING SERVICES FOR CITABLE
OFFENDERS
(STRATEGIC PLAN NO. 1, 4A)
=ITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1a' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute a three -year
agreement with the City of Tustin to provide jail services for the period of January 11, 2017
through January 10, 2020, in the amount of $146 per prisoner, subject to non - substantive
changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and the Clerk of the Council to execute a three -year
agreement with the City of Newport Beach to provide jail services for the period of January
17, 2017 through January 16, 2020, in the amount of $146 per prisoner, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Since January 2014, the Santa Ana Police Department has provided jail services to the City of
Tustin to process, cite and release arrestees charged with being intoxicated or under the
influence of drugs who were not accepted bookings by the County jail. The Jail will be providing
jail services to book arrestees charged with California Penal Code 647(f) under the influence of
alcohol, drugs or other controlled substance for a booking fee of $146.00 per arrestee. These
arrestees are typically released the within 6 -8 hours, or the next day when they are no longer
intoxicated and are able to care for themselves. This agreement is projected to generate
approximately $13,000 per year for the City.
The City of Newport Beach is requesting to enter into a similar agreement with the Department.
This agreement is projected to generate approximately $5,000 per year for the City. These
agreements are in line with the City's strategic plan objective to seek opportunities to improve the
Santa Ana Jail's business model by seeking additional revenue sources. Over the three -year
agreement term, these agreements will generate an estimated $54,000 to help support Jail
operations.
2513-1
Agreements for Jail Services
January 17, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #4 - Modify the
Santa Ana jail business model and identify short- and long -term goals to effectively meet the
needs of the community through contract negotiations with outside agencies, evaluation of
staffing needs and increasing operational efficiency.
FISCAL IMPACT
Funds for this agreement will be deposited in the Police Department Jail Facility Rental revenue
account (no. 01114002 57460) for the following fiscal years:
FY
2016 -17
$9,000
FY
2017 -18
$18,000
FY
2018 -19
$18,000
FY
2019 -20
$9,000
Total
$54,000
- Carlos Rojas
Chief of Police
Santa Ana Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgt. Services Agency
Exhibits: 1. Agreement with the City of Tustin
2. Agreement with the City of Newport Beach
25B -2
AGREEMENT FOR THE DETENTION IN THE
SANTA ANA CITY JAIL
OF PERSONS TAI {EN INTO CUSTODY BY THE
TUSTIN POLICE DEPARTMENT
THIS AGREEMENT made and entered into January 11, 2017 by and between the
City of Tustin, a charter city and 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 Tustin Police Department for violation of California Penal Code §647(f), being
under the influence of alcohol, drags or other controlled substance (hereinafter
" §647(o 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 tennis and conditions hereinafter set forth, the parties agree as f611ows:
1. TERM
a. The term of this Agreement commences upon execution of this Agreement and
continues for three (3) years until January 10, 2020. 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. Exhibit ',1,
25B -3
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. Long -term medication for chronic care,
including 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 coverage 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
25B -4
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.
7. 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: Tustin Police Department
300 Centennial Way
Tustin, California 92780
Attn: Chief of Police
25B -5
M
David Kendig, City Attorney
Woodruff, Spradlin & Smart, APC
555 Anton Blvd. Suite 1200
Costa Mesa, CA 92626
Facsimile: (714) 415 -1183
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 shall 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 teens 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
herai n.
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
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.
r
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
YeJ�w : o1l�i'.(
City Attorney
B .
Tamar W
Assistant City Attorney
RECOMMENDED FOR APPROVAL,:
CARLOSROJAS
Chief of Police
25B -7
CITY OF TUSTIN
JEFFREY C. PARKER
City Manager
ATTEST:
ERICA N. RABE
City Cleric
APPROVED AS TO FORM:
DAVID E. KENDIG
City Attorney
By:
(Name)
(Title)
INITIATED AND APPROVED:
CHARLES F. SOLANO, JR.
Chief of Police
r -oo
AGREEMENT FOR THE DETENTION IN THE
SANTA ANA CITY JAIL
OF PERSONS TAKEN INTO CUSTODY BY THE
CITY OF NEWPORT BEACH POLICE DEPARTMENT
THIS AGREEMENT made and entered into January 17, 2017 by and between the
City of Newport Beach, 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 Newport Beach Police Department for violation of California Penal Code
§6470, being under the influence of alcohol, drugs or other controlled substance; or
charged with a Felony or Misdemeanor per California Penal Code §853.6
(hereinafter "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:
1. TERM
The term of this Agreement commences upon execution of this Agreement and
continues for three years until January 16, 2020. 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 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 Iluodred Forty -Six Dollars
($146.00) per prisoner per 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.
Exhibit Z
25B -9
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 slid 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
al ,l other medical or mental health services required.
c. City shall provide routine over- the - counter pharmaceutical and routine
prescription care for Agency detainees. Long -term medication for chronic care,
including 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 fiirther 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
coverage prior to the start of services wider this Agreement if requested by the other
Patty.
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
2
25B -10
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.
7. 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: Clerk 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 Cleric
City of Newport Beach
100 Civic Center Drive 92660
Newport Beach, CA
Facsindl,e (949) 644 -3039
And:
25B -11
Chief of Police
City of Newport Beach
870 Santa Barbara Drive
Newport Beach, CA
Facsimile (949) 6443695
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,
commnmicationn 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 proposes 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 shall prevail. This Agreement may not
be modified except by written instrument signed by the City and the Agency. The parties
agree that any terns 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 aclanowledges 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.
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
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
10, ATTORNE'Y'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this agreement or to secure the performance hereof, each party shall bear its own
attorney's fees.
25B -12
11. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agrecrnent shall continue in full force and effect.
12. COUNTERPARTS
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original and all of which together shall constitute one (1) and the
same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City orney
By
Tamara o osian
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CARLOSROJAS
Chief of Police
25B -13
CITY OF NEWPORT BEACH
DAVID KIFF
City Manager
ATTEST:
LEILANI 1. BROWN
City Clerk
APPROVED AS TO FORM:
AARON C. HARP
City Attorney
AARON C. HARP
City Attorney
INITIATED AND APPROVED:
,TON T. LEWIS
Chief of Police
25B -14