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HomeMy WebLinkAboutUniversity of California Irvine Police Department (UCI) - 2008-11-03 Y p�� a { 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 JF-pe Enclosure G:fol lowup:agrmtltr Sister Cities: Anjo, Japan a Waitakere, New Zealand 1 Telephone:714-536-5227