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Home My WebLink AboutCity of Costa Mesa - 2010-08-02Council/Agency Meeting Held _ /U Deferred/Continued to ';�App oveq ❑ Conditionally Approved ❑ Denied City C erk s ignatu e Council Meeting Date August 2 2010 Departmen D Number PD-10-005 SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Kenneth W Small Chief of Police SUBJECT Approve an Intergovernmental Service Agreement with the City of Costa Mesa for Jail Services Statement of Issue The City of Costa Mesa has requested the continued use of our booking and jail facilities in those situations where their staffing will not allow lawful detention of arrestees taken into custody by personnel of the Costa Mesa Police Department Financial Impact Requested contract services will not require additional expenditures The City of Costa Mesa will be charged $55 00 for booking of Drunk in Public Detainees $155 00 for booking and first day s lodging for all other arrestees and $55 00 for each additional day s lodging Recommended Action Motion to Approve and authorize the Mayor and City Clerk to execute the "Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Costa Mesa for Detention at Huntington Beach Police Department of Detainees Held in Custody by the Costa Mesa Police Department" for booking and detention services Alternative Action(s) Deny request for contracted jail services -223- Item 16 - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE 8/2/2010 DEPARTMENT ID NUMBER PD-10-005 Analyses Since 1993 the City of Costa Mesa has used our Jail facility for booking detainees that their detention facility cannot accommodate due to space and/or personnel issues In the past the average number of Costa Mesa Detainees received annually by the Huntington Beach Jail is 30 or approximately 3 per month The housing of 30 inmates per year is within our capabilities and would not negatively impact the jail operations It is estimated that if this contract is approved the bookings from the City of Costa Mesa would generate a minimum of $3 000 00 annually The revenue will be directed to the General Fund account #10000100 Environmental Status None Strategic Plan Goal Maintain and Enhance Public Safety Attachment(s) 1 1 Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Costa Mesa for Detainees Held in Custody by the Costa Mesa Police Department Item 16 - Page 2 -224- 1 ? � �_ _ it � .. f � I a b -. a � i i r I I i, .. � � ._. �.. >..... __._I ,. INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF COSTA MESA FOR THE DETENTION AT HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE COSTA MESA POLICE DEPARTMENT The Agreement ("Agreement") is made and entered into by and between the City of Huntington Beach ('City"), a municipal corporation of the State of California, and the City of Costa Mesa ("Agency"), a municipal corporation of the State of California RECITALS A CITY desires to provide the detention facilities of the Huntington Beach Police Department for detainees held in custody by the Costa Mesa Police Department The types of detainees shall be non juvemle, male and female B AGENCY desires to use the detention facilities of the Huntington Beach Police Department for detainees held for drunk in public (violation of 647(f)/849(b)2) of the Penal Code) and any other detainees as AGENCY determines AGREEMENT 1 TERM The term of this Agreement shall be for one (1) year and shall commence upon the execution of the Agreement Unless CITY notifies AGENCY at least ninety (90) days before this Agreement expires, this Agreement shall automatically renew for another one (1) year period and continue for like period each year until cancelled by either party This Agreement may be terminated at any time by mutual consent of the parties, or by either party upon thirty (30) days notice to the other party 2 COVERED SERVICES CITY agrees to, at its discretion and sub3ect to the availability of City's facilities, the housekeeping, safekeeping and subsistence of detainees of AGENCY in accordance with this Agreement CITY shall bill Agency for the following fees 10 2798/42961 1 Drunk In Public Detainees $55 00 per day 647(f)PC, 849(b)2 PC All other Detainees $155 00 for the first day $55 00 for every day thereafter 3 SUPPORT AND MEDICAL SERVICES CITY agrees to accept and provide for the secure custody, care, and safekeeping of AGENCY s detainees in accordance with state and local law standards, policies, procedures, and court orders applicable to the operation of CITY's facility CITY agrees to provide AGENCY's detainees with the same level of medical care and services provided to the CITY's inmates, including the transportation and security for detainees requiring removal from the facility for emergency medical or mental health services Original invoices for all costs associated with hospital or health care services provided to the AGENCY s detainees outside CITY's 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 detainees from CITY's facility and to obtain prior authorization for removal for all other medical or mental health services required Persons injured or ill prior to arrival at the Huntington Beach City Jail must have been cleared through a doctor or hospital of the arresting agency's choice If the arrestee requires further medical or mental health treatment due to injury or illness incurred prior to booking, the arresting agency will be responsible for all required transportation and treatment in association therewith All testing of blood, breath, and/or urine shall be the responsibility of the arresting agency 4 COURT PACKAGES The arresting agency shall be responsible for all court packages CITY will be responsible for transportation for arraignment to the appropriate courthouse 5 INDEMNIFICATION AND HOLD HARMLESS AGENCY shall protect, defend, indemnify, and hold harmless CITY, it's officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, cost (including without limitation costs and fees of litigation of every nature) arising from or in connection with performance of this Agreement or its failure to comply with any of its obligation contained in this 10 2798/42961 2 Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY CITY shall protect, defend, indemnity, and hold harmless AGENCY, its officers, officials, employees and agents form and against any and all liability, loss damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising from or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in tlus Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the AGENCY 6 FINANCIAL PROVISIONS The billing address of AGENCY is Chief of Police City of Costa Mesa P O Box 1200 Division Command Costa Mesa, CA 92626 7 NOTICES Any notice or special instructions required to be given in vmtmg under this Agreement shall be given either by personal delivery to AGENCY or to CITY, as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid and depositing the same in the United States Mail addressed as following TO CITY Police Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 8 PAYMENT TO AGENCY Police Chief City of Costa Mesa P O Box 1200 Division Command Costa Mesa, CA 92626 Payment by AGENCY to CITY shall be due by the thirtieth (30th) calendar day after receipt by AGENCY of a proper invoice from CITY The date of the check issued in payment shall be considered the date payment is made 9 ATTORNEY'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 10 2798/42961 3 10 ENTIRETY The forgoing sets forth the entue Agreement between the parties IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through then authorized officers kj=1--2ZZjr--jooZ 2010 CITY OF COSTA MESA, a municipal corporation of the State of Califon ma 13 y Name Title Cl— �f p ATTEST rty Clerk APPROVED FORM City orney 10 2798/42961 4 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Ma or ATTEST City Clerk APPROVED AS TO FORM �Q g- City Attorney bim k kka 1, l'l9, 416 REVIE ND APPROVED If 'Clty Administrator INITIATED AND APPROVED Police Chief City of Huntington Beach B INTER -DEPARTMENT COMIV MUNICATION HUNTINGTON BEACH TO Patty Esparza Senior Deputy City Clerk FROM Dale A Miller Detention Administrato SUBJECT Agreement for Jail Services with City of Costa Mesa DATE July 6 2010 Attached are two original copies of the Jail Booking Services Agreement with the City of Costa Mesa The agreement was scanned into SIRE and a RCA was submitted for the August 2 2010 regular Council Meeting Please once the agreement is approved have the signatures placed on the original and return one copy to me or send to Julie Folcik City Clerk City of Costa Mesa If you have any questions please contact me at x 5694 Document1 7/6/2010 1 54 00 PM City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK August 3 2010 City of Costa Mesa Attn Julie Folcik City Clerk 77 Fair Drive Costa Mesa CA 92628-1200 Dear Ms Folcik Enclosed for your records is a fully executed duplicate original of the Intergovernmental Service Agreement between the City of Huntington Beach and the City of Costa Mesa for the detention at Huntington Beach Police Department of detainees held in custody by the Costa Mesa Police Department Sincerely JF pe Enclosure Sister Waltakere New Zealand (Telephone 714 536 5227)