HomeMy WebLinkAboutUniversity of California Irvine Police Department (UCI) - 2008-11-03 Y p�� a
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Council/Agency Meeting Held: ZZl
Deferred/Continued to:
Appr ved ❑ Conditionally Approved ❑ Denied Clt I k' Signatu e
Council Meeting Date: 11/3/2008 Departmen ID Number: PD-08-011
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUN I MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINISTRAT
PREPARED BY: KENNETH W. SMALL, CHIEF OF POLIC
SUBJECT: APPROVE INTERGOVERNMENTAL SERVICE AGREEMENT WITH
THE UNIVERSITY OF CALIFORNIA IRVINE POLICE DEPARTMENT
FOR CONTRACT JAIL SERVICES
Etatem:e:,:to:f Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
The University of California Irvine Police Department has requested to enter into an
agreement for the authority to use our booking and jail facility for detainees. The University
of California Irvine Police Department does not have a jail facility and has a need to book and
detain_ arrestees.
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 Intergovernmental Service
Agreement between the City of Huntington Beach and the University of California Irvine
Police Department for the detention at the Huntington Beach Police Department of detainees
held in custody by the University of California Irvine Police Department.
Alternative Action(s):
Deny request for Intergovernmental Service Agreement between the City of Huntington
Beach and the University of California Irvine Police Department and direct staff accordingly.
4')" i
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/3/2008 DEPARTMENT ID NUMBER: PD-08-011
Analysis: The University of California Irvine Police Department does not have a Jail facility
for booking detainees. The University of California Irvine Police Department estimates to
receive an average of 30 detainees annually, or approximately 3 per month.
When a University of California Irvine 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. The majority of the
University of California Irvine detainees will be detained for 12 to 24 hours. As specified in
the contract, the University of California Irvine will reimburse the City of Huntington Beach
$55.00 per inmate for inmates detained for public intoxication and a violation of
647(f)/849(b)2 of the California Penal Code. The rate for all other detainees will be $155 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
University of California Irvine 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):
P. o - Number No, i - o •
1. Intergovernmental Service Agreement Between the City of Huntington
Beach and the University of California Irvine for the Detention at the
Huntington Beach Police Department of Detainees Held in Custody by
the University of California Irvine Police Department.
-2- 10/8/2008 9:53 AM
ATTACHMENT # 1
INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE UNIVERSITY OF CALIFORNIA,
IRVINE POLICE DEPARTMENT FOR THE DETENTION AT HUNTINGTON BEACH
POLICE DEPARTMENT OF DETAINEES HELD IN CUSTODY BY THE
UNIVERSITY OF CALIFORNIA, IRVINE POLICE DEPARTMENT
This Agreement ("Agreement") is made and entered into this 3�-� day of
i
Q 2008, by and between the City of Huntington Beach ("City"), a
municipal corporation of the State of California, and the University of California, Irvine Police
Department("Agency).
RECITALS
A. CITY desires to provide the detention facilities of the Huntington Beach Police
Department for detainees held in custody by the University of California, Irvine 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 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.
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 $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.
08-1729/24661 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. The types of detainees shall be non-
juvenile, male or female. 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 AGENCY'S choice. If the detainee requires further medical
or mental health treatment due to injury or illness incurred prior to booking, 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 AGENCY.
4. COURT PACKAGES
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, its 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
Agreement, except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY.
08-1729/24661 2
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
University of California, Irvine Police Department
150 Public Services Building
Irvine, CA 92697-4900
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: TO AGENCY:
Chief of Police Chief of Police
City of Huntington Beach University of California, Irvine Police Department
2000 Main Street 150 Public Services Building
Huntington Beach, CA 92648 Irvine, CA 92697-4900
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.
08-1729/24661 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 the day, month and year first above written.
THE REGENTS OF THE UNIVERSITY OF CITY OF HUNTINGTON BEACH, a
CALIFORNIA municipal corporation of the State of
California
By
Harry,buntl6r, Director of Materiel Risk
Management A -/. '0'. ; A
Mayor
City Clerk „H
APPROVED AS TO FORM:
1 V '
�Cit� orney Ci t,4ekd0 c. s•oSs
REVIEWE APPROVED:
/W,A/dministrator
INITIATED AND )PPROVED:
Chief of�ol'ice
Chief of Police
08-1729/24661 4
RCA ROUTING SHEET
INITIATING DEPARTMENT: POLICE
SUBJECT: APPROVE INTERGOVERNMENTAL SERVICE
AGREEMENT WITH THE UNIVERSITY OF CALIFORNIA
IRVINE POLICE DEPARTMENT FOR CONTRACT JAIL
SERVICES
COUNCIL MEETING DATE: November 3, 2008
RCA ATTACHMENTS-.- CTAUS ;4 ,_,
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) Attached
(Signed in full by the City Attorne ) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorne ) 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) Attached
t Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPO ANATOOM FOR NM ONG A llTAC H a NT- i
REVIEWED RETURNED FOIE E
Administrative Staff
Deputy City Administrator (Initial) ( } ( )
City Administrator Initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Ver- us
Ls
RCA Author: Mindy James/Dale Miller
City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERIC
JOAN L. FLYNN
o ,
CITY CLERK
November 4, 2008
Chief of Police
University of California, Irvine Police Department
150 Public Services Building
Irvine, CA 92697-4900
To Whom It May Concern:
Enclosed for your records is a copy of the Intergovernmental Service Agreement between
the City of Huntington Beach and the University of California, Irvine Police Department for
the detention at HBPD of detainees held in custody by the University of California, Irvine
Police Department.
Sincerely,
+4()
an L. Flynn, CMC
City Clerk
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Enclosure
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