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HomeMy WebLinkAboutCity of Newport Beach - 2002-05-20/(0 Council/Agency Meeting Held: 0 / c{y Deferred/Continued to: Appr ve ❑ dition IroDenied sgnatur Council Meeting Date: 10/6/2008 Department Number: PD-08-010 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUN EMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRAT PREPARED BY: KENNETH W. SMALL, CHIEF OF POLIC _ Q ,(I SUBJECT: APPROVE INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE CITY OF NEWPORT BEACH FOR CONTRACT JAIL SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Newport Beach has had a contract since 2001, for the authority to use our booking and jail facility for detainees. The City of Newport Beach has regularly used our facility in the past and this is a revised contract for regular use and an increase in the fees charged. Funding Source: There are no costs associated with this contract. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the revised Intergovernmental Service Agreement between the City of Huntington Beach and the City of Newport Beach for the detention at the Huntington Beach Police Department of detainees held in custody by the Newport Beach Police Department. Alternative Action(s): Deny request for Intergovernmental Service Agreement between the City of Huntington Beach and the City of Newport Beach and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 10/6/2008 DEPARTMENT ID NUMBER: PD-08-010 Analysis: Since 2002, the City of Newport Beach has used our Jail facility for booking detainees that their detention facility cannot accommodate due to space and personnel issues. In the past, the average number of Newport Beach detainees received annually by the Huntington Beach Jail is 30, or approximately 3 per month. When a Newport Beach Police Officer brings a detainee to the Huntington Beach Jail, the jail staff must complete three processes: book the detainee into an automated system, digitally photograph the subject, and fingerprint the subject. Historically, the majority of the Newport Beach detainees are detained for 12 to 24 hours. As specified in the contract, the City of Newport Beach will reimburse the City of Huntington Beach $55.00 per inmate for inmates detained for public intoxication, a violation of 647(f)/849(b)2 of the California Penal Code. The rate for all other detainees will be increased $10 per day to $155 for the first day and from $45.00 to $55.00 for every day thereafter. 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 Newport Beach could generate a minimum of $3,000 annually. The revenues will be directed to the General Fund, account 10000100. Strategic Plan Goal: To provide public services with the highest professional standards to meet community expectations and needs, assuring the City is sufficiently staffed and equipped overall. Environmental Status: None Attachment(s): Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Newport Beach for the Detention at the Huntington Beach Police Department of Detainees Held in Custody by the Newport Beach Police Department. The date of this agreement is May 201h, 2002. 2. Amendment No. 1 to Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Newport Beach for the Detention at Huntington Beach Police Department of Detainees Held in Custodv by the Newport Beach Police Department -2- 9/24/2008 8:16 AM ATTACHMENT #1 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF NEWPORT BEACH FOR THE DETENTION AT THE HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE NEWPORT BEACH POLICE DEPARTMENT This Agreement ("Agreement") is made and entered into this loth day of May99i, by and between the City of Huntington Beach ("CITY"), a municipal corporation of the State of California, and the CITY OF NEWPORT BEACH ("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 Newport Beach Police Department. B. AGENCY desires to use the detention facilities of the Huntington Beach Police Department for detainees held for drunk in public (violation of Penal Code ("PC") §§647(f); 849(b)2) and any other detainees as AGENCY determines. AGREEMENT TERM The term of this contract and of this Agreement shall be for one (I) 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 canceled by either party. 01 agree/jail - newport/9/20/01 2. COVERED SERVICES CITY agrees to the housekeeping, safekeeping, and subsistence of detainees of AGENCY in accordance with this Agreement. CITY shall bill AGENCY for the following -fees: Drunk in Public Detainees (PC §§644(f); 849(b)2) $45.00 per day All other Detainees $135 for the first day and $45.00 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 CITY's prisoners, 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 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 2 01 agree/jail - newport/9/20/01 arresting agency will be responsible for all required transportation and treatment in association therewith. All testing blood, breath, and 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 of the detainees for arraignment to the appropriate courthouse. 5. INDEMNIFICATION AND HOLD HARMLESS AGENCY shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. CITY shall protect, defend, indemnify and hold harmless AGENCY, its officers, officials, employees and agents from and against any and all liability, loss damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this 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: 3 01 agree/jail - newport/9/20/01 Police Chief CITY OF NEWPORT BEACH 870 Santa Barbara Drive Newport Beach, CA 92660 7. NOTICES Any notice or special instructions required to be given in writing 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 follows: TO CITY: TO AGENCY: Police Chief Police Chief City of Huntington Beach CITY OF NEWPORT BEACH 2000 Main Street 870 Santa Barbara Drive Huntington Beach, CA 92648 Newport Beach, CA 92660 8. PAYMENT 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. 4 01 agree/jail - newport/9/20/01 10. ENTIRETY The forgoing sets forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CITY OF NEWPORT BEACH, a municipal corporation of the State of California By �. Name: Homer Bludau Title: CitTXa=8er CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: ;,City"Clerk APPROVED AS TO FORM: (6�City At� toy � o Ai REVIEWED AND APPROVED: - Cit dministrator TED AND APPMVED: ce Chief 5 01 agree/jail - neaport/9/20/01 ATTACHMENT #2 AMENDMENT NO. 1 TO INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF NEWPORT BEACH FOR THE DETENTION AT HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE NEWPORT BEACH 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 Newport Beach ("Agency"), a municipal corporation of the State of California. WHEREAS, City and Agency are parties an Interagency Agreement for jail services, dated May 20, 2002, which agreement shall hereinafter be referred to as the "Original Agreement," and Since the execution of the Original Agreement, it is necessary for City to increase the costs of its services to Agency; and Agency wishes to continue to utilize City services set forth in the Original Agreement, and desires to enter into this Amended Agreement, NOW, THEREFORE, it is agreed by City and Agency as follows: 1. Paragraph 2 of the Original Agreement is hereby amended to read: 2. COVERED SERVICES CITY agrees to, at its discretion and subject 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: 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. 08-1740/24885 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers L-1taE---�Q � 2008. CITY OF NEWPORT BEACH, a municipal CITY OF HUNTINGTON BEACH, a corporation of the State of California municipal corporation of the State of California By Name:- Title:� Mayor 4041 ex-c- City Clerk jol -Q® INITIATED AND APPROVED: Police Chief APPROVED AS TO FORM: City Attorney NkV- 1 q _ 0 ti aS S'L4 2 08-1740/24885 2 INITIATING DEPARTMENT: POLICE SUBJECT: INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE CITY OF NEWPORT BEACH FOR CONTRACT JAIL SERVICES COUNCIL MEETING DATE: October 6, 2008 RCA ATTACHMENTS STATUS _ Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Appl!cable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attacheducable El Not A Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATIOO N FOO R MISSING ATTACMENTS rip BRAIN= /R ! 1 1111 .�ir�r ► �-Ilirt _,(Belo:w Space For Ciw Clerk's lJse On v) F RCA Author: Mindy James/Dale Miller P) City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC October 7, 2008 City of Newport Beach Attn: Police Chief 870 Santa Barbara Dr. Newport Beach, CA 92660 To Whom It May Concern: Enclosed for your records is a copy of Amendment No. 1 to the Intergovernmental Service Agreement between the City of Huntington Beach and the City of Newport Beach for the Detention at HBPD of Detainees held in custody by the Newport Beach Police Department. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo, Japan o Waitakere, New Zealand ( Telephone: 714-536-5227 ) an, , �1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK. LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: May. 23, 2002 TO: City of Newport Beach ATTENTION: Police Chief Name 870 Santa -Barbara i Brra DRve DEPARTMENT: Street - - - - Npwz nrt Reach, CA 92660 REGARDING: TntargnvPrnmPntal City, State, Zip Service Agreement for Contract Jail Services See Attached Action Agenda Item 'E-7 Date of Approval 5/ 20/ 02 Enclosed For Your Records. IsAn Executed Copy Of The Above Referenced Agenda Item.. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds Insurance RCA Deed Other CC: R. Lowenberjt- Police x x Name Department RCA Agreement Insurance Other S. Krone -Schmidt Police x x Name Department, RCA Agreement Insurance Other G. Dove Police x x Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Insurance ( Telephone: 714-536-5227 ) S- OF HUNTINGTON BEAC 6 MEETING DATE: May 20, 2002 DEPARTMENT ID MBER: PD-b2-006 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Con itionall Approved ❑ Denied DEP- CI y Clerk' Signature Council Meeting Date: May 10, 2002 Department ID Number: PD-02-006 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorQlil C' PREPARED BY: RONALD LOWENBERG, Chief of Police ? SUBJECT: .. APPROVE INTERGOVERNMENTAL SERVI REEMENT MTH THE CITY OF NEWPORT BEACH FOR CONTRACT JAIL SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)] Statement of Issue: The City of Newport Beach has requested the use of our booking and jail facilities for detainees. The City of Newport Beach has sporadically used our facility in the past and is now requesting a contract for regular use. Funding Source: There are no costs associated with this contract. Recommended Action 1. Approve and authorize the Mayor and City Clerk to execute the Intergovernmental Service Agreement between the City of Huntington Beach and the City of Newport Beach for the detention at the Huntington Beach Police Department of detainees held in custody by the Newport Beach Police Department. Alternative Action(s): Do not Intergovernmental Service Agreement between the City of Huntington Beach and the City of Newport Beach for the detention at the Huntington Beach Police Department of detainees held in custody by the Newport Beach Police Department and direct staff accordingly. Analysis: For the past several years, the City of Newport Beach has used our jail facility for booking prisoners that, their detention facility cannot accommodate due to space and personnel issues. In the past, the annual number of Newport Beach prisoners received by our jail unit is 300 or approximately 6 prisoners per week. RCA -City of Newport Beach booking contract -2- 5/9/02 10:18 AM • REQUEST FOR ACTION • MEETING DATE: May 20, 2002 DEPARTMENT ID NUMBER: PD-02-006 When a Newport Beach Officer brings a prisoner to our facility, we must complete three processes, including booking the prisoner into an automated system, digitally photographing him/her, and fingerprinting. Historically, the majority of Newport Beach prisoners are detained for 1/2 to 1 day. As specified in the contract, the City of Newport Beach will reimburse the City of Huntington Beach $45.00 for prisoners detained for public drunkenness, a violation of 647(f)/849(b)2 of the California Penal Code. The rate for all other detainees will be $135.00 for the first day and $45.00 for every day thereafter. The reimbursement rates do not represent the cost to book and hold a prisoner at the Huntington Beach Police Department, but are Ahe rates determined by the City of Newport Beach. The housing of 300 prisoners per year is within our capabilities and would not negatively impact the jail operations. It is estimated that if this contract is approved, bookings from the City of Newport Beach could generate a minimum of $13,500 annually. The revenues should be directed to the Jail Programs Business Unit, account 31070601. Environmental Status: None Attachment(s): RCA Author: Shawna Krone-Schmidt/Guy Dove RCA -City of Newport Beach booking contract -a- 5/9/02 10:18 AM v2 ATTACHMENT # 1 • • INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF NEWPORT BEACH FOR THE DETENTION AT THE HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE NEWPORT BEACH POLICE DEPARTMENT This Agreement ("Agreement") is made and entered into this loth day of May N91, by and between the City of Huntington Beach ("CITY"), a municipal corporation of the State of California, and the CITY OF NEWPORT BEACH ("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 Newport Beach Police Department. B. AGENCY desires to use the detention facilities of the Huntington Beach Police Department for detainees held for drunk in public (violation of Penal Code ("PC") §§647(f); 849(b)2) and any other detainees as AGENCY determines. AGREEMENT IN a:M►Ti i The term of this contract and 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 canceled by either party. 0l agree/jail - newport/9/20/01 2. COVERED SERVICES CITY agrees to the housekeeping, safekeeping, and subsistence of detainees of AGENCY in accordance with this Agreement. CITY shall bill AGENCY for the following fees: Drunk in Public Detainees (PC §§644(f); 849(b)2) $45.00 per day All other Detainees $135 for the first day and $45.00 for every day thereafter. 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 CITY's prisoners, 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 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 2 01agree/jai l - newport/9/20/01 arresting agency will be responsible for all required transportation and treatment in association therewith. All testing blood, breath, and 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 of the detainees for arraignment to the appropriate courthouse. 5. INDEMNIFICATION AND HOLD HARMLESS AGENCY shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. CITY shall protect, defend, indemnify and hold harmless AGENCY, its officers, officials, employees and agents from and against any and all liability, loss damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this 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: 3 01 agree/jail - newport/9/20/01 • • Police Chief CITY OF NEWPORT BEACH 870 Santa Barbara Drive Newport Beach, CA 92660 7. NOTICES Any notice or special instructions required to be given in writing 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 follows: TO CITY: Police Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 8. PAYMENT TO AGENCY: Police Chief CITY OF NEWPORT BEACH 870 Santa Barbara Drive Newport Beach, CA 92660 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. 4 Ol agree/jail - newport/9/20/01 10. ENTIRETY The forgoing sets forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CITY OF NEWPORT BEACH, a municipal corporation of the State of a ifornia By �. Name: Homer Bludau Title: Cy Manager CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor', ATTEST: :�City-Clerk APPROVED AS TO FORM: Q �' (61City A .jal. y A) REVIEWED AND APPROVED: Cit dministrator O1 agree/jail - newport/9/20/Ol RCA ROUTING S1,EET INITIATING DEPARTMENT: Police Department SUBJECT: APPROVE CONTRACT WITH THE CITY OF NEWPORT BEACH FOR CONTRACT JAIL SERVICES COUNCIL MEETING DATE: May 20, 2002 �c� a�rACMME�s STkTUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable . 'EXPLANATION FOR MLSSING ATTACHMENTS: REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial)