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HomeMy WebLinkAboutFOUNTAIN VALLEY, CITY OF Jail Detention Services - Police Department - 4/19/93 to Present - 1993-04-19is LaWel?6-a-Pe)I— FiPIE���I �y _ Try Council/Agency Meeting Held: ZQ ZfZzF Fo CooO. /v to: ~ ,Deeferred/Continued ®A pr ved ❑ Cond" io ally Approved ❑ De ie U C y Clerk's Signature Council Meeting Date: 10-05-98 Department ID Number: PD98-019 CITY OF HUNTINGTON BEACH .7 REQUEST FOR ACTION`�- �:7 .R l� •'-i IT'3 SUBMITTED TO: HONORABLE MAYOR AMD MEMBERS OF CITY COUNCIL ? SUBMITTED BY: RAY SILVER, City Administrator�� C :M PREPARED BY: RONALD E. LOWENBERG, Chief of Police 41THUNTAIN SUBJECT: APPROVE CONTRACT FOR JAIL SERVICE VALLEY Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, 1 Attachment(s) Statement of Issue: The City of Fountain Valley 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 Fountain Valley Police Department. Funding Source: Requested contract services will not require additional expenditures. The City of Fountain Valley will be charged $125.00 for booking and first day's lodging and $41.15 for each additional day's lodging. Recommended Action: Request City Council approval of attached contract for booking and detention services with the City of Fountain Valley. Alternative Action(s): Deny request for contracted jail services. MEETING ®ATE: 10-05-98 DEPARTMENT I® NUMBER: PD98-019 Analysis: The City of Fountain Valley utilizes holding cells only for their arrestees and does not operate their own detention facility which meets State requirements for security and prisoner safety. It is estimated that we will receive 50-75 prisoners per year from Fountain Valley. This is within our ability to handle with our present resources and there will be no significant impact to our facility operation, and The Huntington Beach City Jail has been under contract to book prisoners from Fountain Valley since November 1993. That contract has since lapsed. Bookings received at the Huntington Beach Jail from the City of Fountain Valley generated approximately $63,000 in revenue during 1997. Environmental Status: Non -applicable. Attachment(s): Contract between the City, of Huntington Beach and the City of Fountain Valley for detention services. REL:JMP RCA FV 1998 -2- 09/21/98 10:56 AM (6) 10/05/98 - Council/Agency Agenda - Page 6 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned meeting of September 14, 1998, and regular meeting of September 21, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Sullivan, Julien, Garofalo abstain from 9114198 minutes - 4 Ayes) [Approved 9121198 Minutes - Sullivan, Garofalo: out of room - 5Ayes] E-2. (City Council) Approval And Acceptance Of Traffic Safetv Grant To Police Department From State Of California — "Zero Tolerance" Alcohol Screening (340.80) —1. Approve and accept Project Grant AL 9904 between the State of California Office of Traffic Safety and the City of Huntington Beach; and 2. Approve the appropriation of $127,002.00 from the unappropriated General Fund Balance. (To be reimbursed by the grant from the Office of Traffic Safety.) 3. Authorize the expenditure of funds not to exceed $127,000.00 for the purpose of preliminary alcohol screening devices, printers for the devices, and to cover the unbudgeted overtime for enforcement of the Zero Tolerance Statutes of the California Vehicle Code. Submitted by the Chief of Police [Approved 5-0-2 (Sullivan, Garofalo: out of room)] E-3. (City Council) ADarove Contract For Police Department Jail Service With City Of Garden Grove For Detainees Held In Custody (600.10) — Approve and authorize execution of "Intergovernmental Service Agreement Between The City Of Huntington Beach And The City Of Garden Grove For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Garden Grove Police Department. " Submitted by the Chief of Police [Approved 5-0-2 (Sullivan, Garofalo: out of room)] E-4. (City Council) Approve Contract For Police Department Jail Service With City Of Fountain Valley For Detainees Held In Custody (600.10) —Approve and authorize execution of "Intergovernmental Service Agreement Between The City Of Huntington Beach And The City Of Fountain Valley For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Fountain Valley Police Department." Submitted by the Chief of Police [Approved 5-02 (Sullivan, Garofalo: out of room)] E-5. (City Council) ADDrove Amelco Construction Contract For Mechanical Screenina At Peck Reservoir Pump Station - CC-696 (600.80) —1. Approve the selection of Amelco Construction for the construction of mechanical screening at the Peck Reservoir Pump Station; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount $42,000; and 3. Authorize the Director of Public Works to expend a total of $48,000 including the contract amount of $42,000, anticipated construction change orders of $4,200 and supplemental expenditures of $1,800. Submitted by the Public Works Director [Approved 5-0-2 (Sullivan, Garofalo: out of room)] I ` � •AV ! 22 �fflffi I w' 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 HUNTINGTO'N BEACH DATE: AU Oi2/�— ( I? ! d TO: D ATTENTION: _ Name � 1 DEPARTMENT: Street.— / Ut.L/�`Dr�3l//tom REGARDING: City, State, Zip See Attached Action Agenda Item 'A4 Date of Approval d Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. .�if TLIZtt� Connie Brockway City Clerk Attachments: Action Agenda Page Agreement RCA CC: L ou1 e1)b-ek.G PC)/I Name De ar^tment Fr, e»,'e!� /Y Z5UY Name Department Bonds Insurance Deed Other Akf AG E/7.6 A RCEj. Agreetyent Insurance Other RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Name . Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G:Followup/coverltr (Telephone: 714-536-5227 ) (6) 10/05/98 - Council/Agency Agenda - Page 6 E. CONSENT CALENDAR All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed. Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote. E-1. (City Council/Redevelopment Agency) Minutes (120.65) -Approve and adopt the minutes of the City Council/Redevelopment Agency adjourned meeting of September 14, 1998, and regular meeting of September 21, 1998 as written and on file in the Office of the City Clerk. Submitted by the City Clerk [Sullivan, Julien, Garofalo abstain from 9114198 minutes - 4 Ayes] [Approved 9121198 Minutes - Sullivan, Garofalo: out of room - 5Ayes] E-2. (City Council) Approval And Acceptance Of Traffic Safetv Grant To Police Department From State Of California — "Zero Tolerance" Alcohol Screening (340.80) —1. Approve and accept Project Grant AL 9904 between the State of California Office of Traffic Safety and the City of Huntington Beach; and 2. Approve the appropriation of $127,002.00 from the unappropriated General Fund Balance. (To be reimbursed by the grant from the Office of Traffic Safety.) 3. Authorize the expenditure of funds not to exceed $127,000.00 for the purpose of preliminary alcohol screening devices, printers for the devices, and to cover the unbudgeted overtime for enforcement of the Zero Tolerance Statutes of the California Vehicle Code. Submitted by the Chief of Police [Approved 5-0-2 (Sullivan, Garofalo: out of room)] E-3. (City Council) Approve Contract For Police Department Jail Service With City Of Garden Grove For Detainees Held In Custody (600.10) — Approve and authorize execution of "Intergovernmental Service Agreement Between The City Of Huntington Beach And The City Of Garden Grove For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Garden Grove Police Department. " Submitted by the Chief of Police [Approved 5-0-2 (Sullivan, Garofalo: out of room)] E-4. (City Council) Approve Contract For Police Department Jail Service With Citv Of Fountain Valley For Detainees Held In Custody (600.10) — Approve and authorize execution of "Intergovernmental Service Agreement Between The City Of Huntington Beach And The City Of Fountain Valley For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Fountain Valley Police Department. " Submitted by the Chief of Police [Approved 5-0-2 (Sullivan, Garofalo: out of room)] E-5. (City Council) Approve Amelco Construction Contract For Mechanical Screenina At Peck Reservoir Pump Station - CC-696 (600.80) —1. Approve the selection of Amelco Construction for the construction of mechanical screening at the Peck Reservoir Pump Station; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount $42,000; and 3. Authorize the Director of Public Works to expend a total of $48,000 including the contract amount of $42,000, anticipated construction change orders of $4,200 and supplemental expenditures of $1,800. Submitted by the Public Works Director [Approved 5-0-2 (Sullivan, Garofalo: out of room)] INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE,CITY OF HUNTINGTON BEACH AND THE CITY OF FOUNTAIN VALLEY FOR THE DETENTION AT THE HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE FOUNTAIN VALLEY POLICE DEPARTMENT This Agreement ("Agreement") is made and entered into this day of (J�1998, by and between the City of Huntington Beach ("CITY'), a municipal corporation of the State of California, and the City of Fountain Valley ("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 Fountain Valley Police Department. B. AGENCY desires to use the detention facilities of the Huntington Beach Police Department for detainees held in custody by the Fountain Valley Police Department. AGREEMENT 1. TERM 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. 1 7/k/jaiU5/15/98 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: Booking fee plus first day housing $125 Daily housing fee $ 41.15 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 ental health services. Original invoices for all costs associated with hospital or health are services provided to AGENCY's detainees outside CITY's facility shall be subm tted to AGENCY for direct payment by AGENCY to the service provider. 'uii Y shah noL-*Ify AGcivt/ r as soon as possible of all emergency medial or mental health cases requiring removal of detainee 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 2 7/k/jail/5/15/98 incurred prior to booking, the 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 transpiration 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 7/k/jail/5/15/98 Fountain Valley Police Department 10200 Slater Avenue Fountain Valley, CA 92706 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 roilows: TO CITY: Police Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 8. PAYMENT TO AGENCY: Fountain Valley Police Department 10200 Slater Avenue Fountain Valley, CA 92708- 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 7/k/jaiU5/15/98 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 FOUNTAIN VALLEY, a municipal corporatio h ate of Califor By , me: Title: a-- CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: Al City Clerk 101-7/qe APPROVED AS TO FORM: c:l-ice- lzy' City Attorney offe REVIEWED AND APPROVED: T(o[, kl,ity Administrator INITIATED AND APPROVED: 7/k/jail/5/15/98 5 INITIATING DEPARTMENT: Police Department SUBJECT: Contract for Jail Services COUNCIL MEETING DATE: October 5, 1998 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 Attome 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 INSTRUCTIONS: Igle request in the City Attorneys Office. Outline reasons for this request and state facts necessary for City Attor-ney-te-respond Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: C ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ 'Meeting ® Contract/Agreement ❑ Deed - - ❑ Cqurt Appearance ❑ Insurance ❑ Other: - _71 Is Request for Preparation of Contract form attached? ❑ Yes [ Ho= Are exhibits attached? 0 Yes ❑ IYo If for City Council action, Agenda Deadline Council Meeting COMMENTS: If not for Council action, desired completion date: Unless otherwise specified herein, I consent to th disclosure,- of the informatnt ned in this LS to all member e ity City col ocil. Si epartment H The Cities of Huntington Beach and Fountain Valley entered into a contract on November 1, 1993, to book prisoners from Fountain Valley into the Huntington Beach City Jail.. This activity is continuing at this time. A recent review showed that the contract expired on December 29, 1994. as of this date, both cities are operating as though the contract is still in effect. Fountain Valley was notified on 05/8/98 that the contract is no longer in effect. They desire to continue booking prisoners into our jail pending the signing of a new contract. We desire to accept those prisoners. Attached is a copy of the old contract with the Huntington Beach City Council's approval, and a sample updated contract that is identical to that which is currently in effect with Westminster, Irvine, Seal Beach and Costa Mesa Police Departments. JMP:JMP Attachments LLLJ Shaded areas for City Attorney's Office use only. 98-291 REQUEST FOR CITY COUNCIL ACTON Date April 19, 1993 APPROVED rY CITY C O UNG": Submitted to: Honorable Mayor and City Council wry} �D Submitted by: Michael T. Uberuaga, City Administra, or CITY cr.E�g Prepared by: Ronald E. Lowenberg, Chief of Police Subject: Contract for Jail Services with the City-� Fountain Valley Consistent with Council Policy? [XX] Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions,,,,W Attachments: STATEMENT OF ISSUE The City of Fountain Valley has requested the use of our jail facilities, by contract, to book and process prisoners arrested by their police department. RECOMMENDED ACTION Request City Council approval of attached contract for booking and detention services with the City of Fountain Valley. ANALYSIS The City of Fountain Valley does not operate their own detention facility which meets State requirements for security and prisoner safety. It is estimated that we will receive 600 to 700 prisoners per year from Fountain Valley. This is within our ability to handle with our present resources and there.will be no significant impact to our facility operations. It is estimated that this contract will generate $75,000 to $90,000 in revenue per year. FUNDING SOURCE Not applicable. Services requested will not require additional expenditures. The City of Fountain Valley will be charged $125.00 for booking and first day's lodging, and $41.15 for each additional day's lodging. ALTERNATIVE ACTION Deny request for contracted jail services. ATTACHMENTS Contract between the City of Huntington Beach and the City of Fountain Valley for detention services. REL:RM:bmr ��pUN1q% Q- �9ycfcoU `� April 29, 1993 CRTY OF FOUNTMN VALLEY CIVIC CENTER (714) 965-4400 10200 SLATER AVE., P.O. BOX 8030, FOUNTAIN VALLEY, CA 92728-8030 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: AGREEMENT FOR JAIL SERVICES Dear Connie: We are enclosing a fully executed copy of contract CON-93-8 for the above subject. The contract bears the executed date of March 16, 1993, and is for your files. Sincerely, J. Palazzo City Clerk JP: ji Enclosure c: Police Department Finance Department M ( i CON-93-8 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE CITY OF FOUNTAIN VALLEY FOR THE DETENTION AT THE HUNTINGTON BEACH POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE FOUNTAIN VALLEY POLICE DEPARTMENT This agreement ("Agreement") is made and entered into as of March 16 , 1993 , by and between the City of Huntington Beach ("CITY"), a municipal corporation of the State of California, and the City of Fountain Valley ("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 Fountain Valley Police Department. B. AGENCY desires'to use the detention facilities of the Huntington Beach Police Department for detainees held in custody by the Fountain Valley Police Department. AGREEMENT 1. TERM The term of this Agreement is January 1, 1993, through December 29, 1994, inclusive. 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: Booking fee $83.88 Daily housing fee $41.15 - 1 - 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 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 cases requiring removal of detainee from CITY'S facility and to obtain prior authorization for removal for all other medical 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 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 blood, breath, and urine shall be the responsibility of the arresting agency. - 2 - 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 hereby agrees to indemnify and hold harmless CITY, its City Council, officers, and employees, from any and all liability, including any claim of liability, and any and all losses or costs which arise out of the negligent performance of this Agreement by AGENCY, its City Council, officers, or employees. CITY hereby agrees to indemnify and hold harmless AGENCY, its City Council, officers, and employees, from any and all liability, including any claim of liability, and any and all losses or costs which arise out of the negligent performance of this Agreement by CITY, its City Council, officers, or employees. 6. FINANCIAL PROVISIONS The billing address of AGENCY is: Fountain Valley Police Department 10200 Slater Avenue Fountain Valley, CA 92708 Attn: Capt. Bill Denisi 7. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by - 3 - 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: If to CITY: If to AGENCY: Gail Hutton Fountain Valley Police Dept. City Attorney 10200 Slater Avenue 2000 Main Street Fountain Valley, CA 92708 Huntington Beach, CA 92648 Attn: Capt. Bill Denisi 8. r'AYMEN'r' Payment by AGENCY to CITY shall be due by the thirtieth 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. ENTIRETY The foregoing set forth the entire agreement between the parties. - 4 - IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed by and through their respective authorized officers as of the date first above written. CITY OF HUNTINGTON BEACH CITY OF FOUNTAIN VALLEY /�jO nN� By: By: (Name) Grace Winchell (Name) Laurann Cook Title: Mayor Title: Mayor ATTEST: By: (dame) Connie Brockway Title:—Citv Clerk APPROVED AS TO FORM: t��AAf , Gail Hutton, C' Attorne INITIATED AND APPROVED: Chief of/Police REVIEWED AND APPROVED: ATTEST: 1 By. (Nam Jay Palaz o Title: City Cl rY INITIATED AND APPROVED: 0 n G. Miali f of Police REVIEWED AND APPROVED: L chael T. a aga a Kro er City Administrator City Manager #P�Ovd i /1 3 (4� 41-1k,