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HomeMy WebLinkAboutCity of Tustin - 2007-04-02Council/Agency Meeting Held: Deferred/Continued to: AAp oved ❑ ondi i ally A roved ❑ Denie %.ICity rWs S nature Council Meeting Date: 4/2/2007 Department ID Number: PD-07-001 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HON RABLE MAYOR AND ITY COUNCIL MEMBERS SUBMITTED BY: P ELOP CULBRETH-GRAFT, D A, Ci ty dm' i Strator PREPARED BY: KENNETH W. SMALL, Chief of Police (AV,T7N& C` pl SUBJECT: APPROVE INTERGOVERNMENTAL SERVICE AGREEMENT WITH l THE CITY OF TUSTIN FOR CONTRACT JAIL SERVICES Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The City of Tustin has requested the use of our booking and jail facility for detainees. The City of Tustin 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: Motion to: 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 Tustin for the detention at the Huntington Beach Police Department of detainees held in custody by the Tustin Police Department. Alternative Action(s): Deny request for Intergovernmental Service Agreement between the City of Huntington Beach and the City of Tustin for the detention at the Huntington Beach Police Department of detainees held in custody by the Tustin Police Department and direct staff accordingly. REQUEST FOR ACTION MEETING DATE: 4/2/2007 DEPARTMENT ID NUMBER:PD-07-001 Analysis: For the past several years, the City of Tustin has used our Jail facility for booking detainees that their detention facility cannot accommodate due to space and personnel issues. In the past, the annual number of Tustin detainees received by the Huntington Beach Jail is 30, approximately 3 per month. When a Tustin Police Officer brings a detainee to the Huntington Beach Jail, the jail staff must complete three processes, including booking of the detainee into an automated system, digitally photograph the subject, and fingerprint the subject. Historically, the majority of the Tustin detainees are detained for Y2 to 1 day. As specified in the contract, the City of Tustin will reimburse the City of Huntington Beach $55.00 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 $155.00 for the first day and $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 Tustin could generate a minimum of $ 3,000 annually. The revenues should be directed to the Jail Programs Business Unit, account 10000100. Environmental Status: None Attachment(s): RCA Author: Mindy James/Dale Miller U:\RCA\Calendar Year 2007 RCA\RCA-City of Tustin booking contract.doc -2- 3/14/2007 4:26 PM ATTACHMENT #1 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF TUSTIN FOR THE DETENTION AT HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE TUSTIN 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 Tustin ("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 Tustin Police Department. The types of detainees shall be non -juvenile, 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 Q 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 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: 07-861/7810 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 07-861/7810 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 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: Chief of Police City of Tustin 300 Centennial Way Tustin, CA 9 9.3 Mo - 3?/S 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 following: TO CITY: Police Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 8. PAYMENT TO AGENCY: Police Chief City of Tustin 300 Centennial Way Tustin, CA 92780 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. 07-861/7810 3 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 officers AML, Qa _ 2007. CITY OF TUSTIN, a municipal corporation of the State of California By11117 4`C4 Name: Title: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: City Attorney Z 13j01 o RENEWED AND APPROVED: Ci Administrator INITIATED AND APPROVED: Police Chief 07-861/7810 4 RCA ROUTING SHEET INITIATING DEPARTMENT: POLICE DEPARTMENT SUBJECT: INTERGOVERNMENTAL SERVICE AGREEMENT WITH THE CITY OF TUSTIN FOR CONTRACT JAIL SERVICES COUNCIL MEETING DATE: April 2, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable ❑ 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) AttachedNot Applicable ElSigned in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Applicable ElNot ElAp roved as to form by City Attorney) Certificates of Insurance (Approved b the City Attome r pp Y Y Y) Attached Not Applicable ❑ ❑ Fiscal Impact Statement (Unbudget, over $5,000) ed Not AttachchApplicable ❑ ❑ Bonds (If applicable) AttachedNot Applicable ❑ ❑ Staff Report (If applicable) Attached Not Applicable ❑ ❑ Commission, Board or Committee applicable) Report If a p ( pp ) Attached Not Applicable ❑ ❑ Findin s/Conditions for Approval and/or Denial g pp Attached Not Applicable ❑ ❑ EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: RCA Author: Mindy James/Dale Miller CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 3, 2007 Police Chief City of Tustin 300 Centennial Way Tustin, CA 92780-3715 To Whom It May Concern: CALIFORNIA 926,48 Enclosed for your records is a copy of the Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Tustin for the Detention of Detainees Held in Custody by the Tustin Police Department approved by City Council at the April 2, 2007 Council meeting. Sincerely, ?an L. Flynn City Clerk JF:pe Enclosure: agreement Ufollowup:agrmthr (Telephone: 714536-5227 )