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Home My WebLink AboutCity of Westminster Police Department - 2010-04-19Council/Agency Meeting Held:_ o Deferred/Continued to: r v )*Appe ❑ ❑ Conditionally Approved Denied k3l3 C.ty' Jerk's gnatur Council Meeting Date: April 19, 2010 Department ID Number: PD-10-005 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Kenneth W. Small, Chief of Police SUBJECT: Contract for jail services with City of Westminster Statement of Issue: The City of Westminster 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 Westminster Police Department Financial Impact: Requested agreement services will not require additional expenditures. The City of Westminster 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 Westminster for the Detention at Huntington Beach Police Department of Detainees Held in Custody by the Westminster Police Department." Alternative Action(s): Deny request for contracted jail services Item 8. - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 4/19/2010 DEPARTMENT ID NUMBER: PD-10-005 Analysis: The City of Westminster has had an agreement with the City of Huntington Beach to book and detain arrestees since 1994. It is estimated that we will receive 20 to 30 detainees per year from the Westminster Police Department. This is within our ability to handle with present resources and there will be no significant impact to our facilities operation. Bookings received at the Huntington Beach City Jail from the City of Westminster generate approximately $3,000 in annual revenue Environmental Status: Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. IIntergovernmental Service Agreement between City of Huntington Beach and the City of Westminster for detention services. Item 80 - Page 2 -: � i,� , � � g [� , � _ ._ ! l INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF WESTMINSTER FOR THE DETENTION AT HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE WESTMINSTER 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 Westminster ("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 Westminster 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 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: 10-2434/44074 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 10-2434/44074 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 Westminster 8200 Westminster Blvd. Westminster, CA 92683 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 Westminster 8200 Westminster Blvd. Westminster, CA 92683 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. 10-2434/44074 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 /� /Z - /9 2010. CITY OF WESTMINSTER, a municipal corporation of the State of California By Name:: Title: C'c1iL-�- ofyU�� CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Eli r Marl �I y fCityj 1 APPROVED AS TO FORM: / ``�� F- City Attorney 011z '011�10 REVIEWiE ,kD APPROVED: /C6[Administrator INITIATED AND APPROVED: Police Chief 10-2434/44074 4 City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK April 21, 2010 Police Chief City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Dear Chief Waller: Enclosed for your records is a fully executed copy of the Intergovernmental Service Agreement between the City of Huntington Beach, and the City of Westminster for the detention at HBPD of detainees held in custody by the Westminster Police Department. Sincerely, Enclosure G:followup:agrmt)tr Sister Cities: AnJo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 )