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HomeMy WebLinkAbout93-99 - Lease Space in Costa Mesa Jail to other Agencies-A 261 RESOLUTION NO. 93-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FOR AUTHORITY TO LEASE SPACE IN THE COSTA MESA POLICE DEPARTMENT JAIL TO OTHER LAW ENFORCEMENT AGENCIES AND CHARGE A FEE FOR SUCH SERVICES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Costa Mesa jail facility has excess capacity which can be utilized by other law enforcement agencies without adversely impacting on the Costa Mesa Police Department's use of such jail facility; and WHEREAS, the Costa Mesa Police Department has developed a program to lease out available space in the Costa Mesa City Jail facility; and WHEREAS, the Costa Mesa Police Department has conducted a fee study to determine the actual cost of the services to be provided and the leasing out of available space in the Costa Mesa City Jail facility; and WHEREAS, the fee study has been made available to the public and proper publication of the establishment of the fee has been made pursuant to Government Code Sections 66016 and 66018; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa does hereby approve a per detainee fee of $125.00 for the use of the Costa Mesa City Jail facility, 99 Fair Drive, Costa Mesa, California, and approve the Intergovernmental Services Agreement for Detention Services at the Costa Mesa City Jail, attached hereto as Exhibit A, and authorize the Police Chief to execute such agreement on behalf of the City of Costa Mesa with public agencies desiring to utilize the Costa Mesa City Jail. PASSED AND ADOPTED this 20th day of December, 1993. Mayor of the City of Costa Mesa ATTEST: 211,4 1 Deputy City lerk of the City of Costa Mesa 262 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 93-99 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of December, 1993, by the following roll call vote: AYES: Gems, Humphrey, Hombuckle, Buffa, Erickson NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of December, 1993. Deputy Ci Clerk and ex -officio Clerk of the City C unci) of the City of Costa Mesa 11 IA63 INTERGOVERNMENTAL SERVICE AGREEMENT FOR IIETI'WHON SERVICES AT HE. COSTA MESA CITY JAIL This agreement ("Agreement") is made and entered into this _ day of 19_, by and between the City of Costa Mesa ("CITY"), a municipal corporation of the State of California, and the ("AGENCY"), a municipal corporation/Slate Agency of die Slate of California. A. CITY desires to provide the detention facilities of the Costa Mesa Police Department Jail ("Jail") on an "as available" basis for detainees held in custody by the AGENCY. B. AGENCY desires. to use die detention facilities of the Costa Mesa Police Department for AGENCY. 1. TE The term of this Agreement is from through , inclusive. The term may be renewed on an annual basis upon mutual consent by CITY and AGENCY. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, CITY shall immediately cease all work or services hereunder except as may be specifically approved by the Commander. CITY shall be entitled to the cost of $125 per prisoner booked prior to the receipt of the notice of termination. 2. CITY agrees to provide housekeeping, safekeeping, subsistence and transportation of detainees of AGENCY from CITY jail to the Orange County Harbor Municipal Court ("OCHMC"). Such CITY services shall not be provided to those detainees of AGENCY covered by the restrictions in Paragraph 6 with this Agreement. CITY shall bill AGENCY for the following fee: Booking Fee: $125.00 per detainee. Such fee may be adjusted at the time the Agreement is renewed. Unless mutually agreed to by CITY and AGENCY , such fee is paid on a per detainee basis. 3, SUPIYIRT AND MEDICAL SERVICES CITY agrees to accept and provide for lire secure custody, care, safekeeping and transportation of AGENCY detainees from the CITY jail to OCHMC only,in accordance with Exhibit "A" Resolution No. 93-99 Page I of 5 f�46A the State and local law, standards, policies, procedures, and court orders applicable to the operation of the 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. A copy of the Custody Verification form submitted to the Orange County Health Care Agency will be provided to the AGENCY. 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 all routine medical care required. Persons ill or injured prior to arrival at the Jail must have been cleared through competent medical authority of the AGENCY's choice. If r the arrestee requires further medical treatment due to injury or illness incurred prior to booking, Ji the arresting AGENCY will be responsible for all required transportation and treatment in association therewith. Arrestees who become ill while in the custody of the CITY, after booking, will be treated by competent medical authority as would the CITY's own arrestees. All testing of blood, breath, or urine shall be the responsibility of the arresting AGENCY. CITY will provide access to Urine Kits and an Intoxilyzer except during those times when such kits may be out of stock or the Intoxilyzer is down for repair. CITY will take fingerprints and palmprints and provide them to the arresting officer. Mug photos will be delivered to the AGENCY approximately 45 days after the arrest as they are developed and printed. Interview rooms will be made available to AGENCY's officers at any time. CITY will strive to keep AGENCY officers turnaround time to fifteen (15) minutes or less. 4. COURT PACKAGES The arresting AGENCY shall be responsible for all of AGENCY detainee OCHMC Packages as established by the OCHMC. CITY will be responsible for transportation of AGENCY detainees for arraignment to the OCHMC. Transportation by CITY of AGENCY detainees will not be made to any court other than OCHMC. 5. WARRANTS If the AGENCY arrests a person for a warrant out of a court other than OCHMC and the arrestee has no other charges, the CITY cannot accept the detainee. The CITY will accept detainees with warrants out of jurisdiction who also have a local charge or a valid warrant from OCHMC. 6. A. Female detainees are not accepted at the Jail due to limited facilities. B. CITY has the prerogative to refuse AGENCY's detainees when CITY has thirty (30) persons in custody. Capacity of the Jail is thirty-two (32) persons. C. CITY will not accept AGENCY detainees with extraordinary medical problems. Exhibit "A" Resolution No. 93-99 Page 2 of 5 J t1o5265 D. Juvenile detainees are not accepted at the Jail due to limited facilities. E. AGENCY detainees who received visible injuries on his person during the arrest of such detainee by AGENCY will require approval for booking by the Jail Supervisor or the Watch Commander. F. CITY will not accept AGENCY detainees who are unconscious at the time of arrival at the Jail. G. CITY will not accept AGENCY detainees as specified in Paragraph 5. INDEMNIFICATION AND HOLD HARMLESS AGENCY agrees to indemnify CITY, its City Council, officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims and liabilities") that may be asserted or claimed by any person, form or entity arising out of or in connection with the negligent performance of the work or services of AGENCY, its agents, employees, subcontractors, or invitees. CITY agrees to indemnify AGENCY, its City Council, officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims and liabilities") that may be asserted or claimed by any person, form or entity arising out of or in connection with the negligent performance of the work or services of CITY, its agents, employees, subcontractors, or invitees. S. FINANCIAL PROVISIONS The billing address of AGENCY is: 9. 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 CITY, as the situation shall warrant, or by enclosing same in a sealed envelope, postage prepaid and depositing same in the United States mail, addressed as follows: If to CITY: If to AGENCY: Commander Administrative Services Costa Mesa Police Department 99 Fair Drive Costa Mesa, CA 92626 Exhibit "A" Resolution No. 93-99 Page 3 of 5 :0`266 10. PAYMENT Payment by AGENCY to CITY shall be due by the thirtieth calendar day after receipt by AGENCY of a proper, detailed invoice from CITY. The date of the check issued in payment shall be considered the date payment is made. No officer or employee of CITY or AGENCY shall be personally liable to AGENCY or CITY, or any successor in interest of either, in the event of any default or breach by CITY or AGENCY or for any amount which may become due to AGENCY or CITY or to their successors, or for breach of any obligation of the terms of this Agreement. No officer or employee of AGENCY or CITY shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee of either participate in any decision relating to the Agreement which affects his or her financial interest or the financial interest of any corporation, partnership or association in which he or she is, directly or indirectly interested, in violation of any State statute or regulation. AGENCY and CITY warrant that they have not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 13. DISPUTES No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' Fees. 14. ENTIRETY It is understood that there are no oral Agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiation, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties in writing. 9 Exhibit "A" Resolution No. 93-99 Page 4 of 5 r,�;c;267 IN WITNESS WHEREOF the parties hereto have causes this Agreement to be executed by and through their respective authorized officers as of the date first written above. For City of Costa Mesa For Agency: Title Date Agreements\A:Vail.Agr (12-1-93) Exhibit "A" Resolution No. 93-99 Page 5 of 5 Titre Date " � Xwn f I r •� F•5; i