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Home My WebLink About25D - AGMT JAIL BOOKING SVCSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: DECEMBER 4, 2018 TITLE: APPROVED APPROVE AGREEMENT WITH THE ❑ As Recommended CITY OF FOUNTAIN VALLEY FOR El El THE SANTA ANA POLICE ElOOrdinance on Reading E]2n Ordinance on tl Reading DEPARTMENT TO PROVIDE JAIL ❑ Implementing Resolution BOOKING SERVICES FOR CITABLE ❑ Set Public Hearing For OFFENDERS {STRATEGIC PLAN NO. 1, 4} CONTINUED TO f FILE NUMBER CI MANAGER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute a two-year agreement with the City of Fountain Valley to receive jail booking services for the period of December 3, 2018 through December 4, 2020 in the amount of $146 per prisoner day, subject to non -substantive changes approved by the City Manager and City Attorney. The City of Fountain Valley is requesting the Santa Ana Police Department provide jail services to process, cite and release arrestees charged with being intoxicated or under the influence of drugs who were not accepted bookings by the County jail. The Jail will be providing jail services to book arrestees charged with California Penal Code 647(f) under the influence of alcohol, drugs or other controlled substance for a booking fee of $146 per arrestee. As part of the booking process, Jail staff will fingerprint, photograph, and have the arrestee sign their citation. These arrestees are typically released within 6-8 hours or the next day when they are no longer intoxicated and are able to care for themselves. The City has a similar agreement with the City of Irvine, which produced approximately $5,000 in annual revenue. This agreement is projected to generate approximately $5,000 per year for the City, which will help recover Jail operational costs. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #4 - Modify the Santa Ana jail business model and identify short- and long-term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency. 25D-1 Agreement with the City of Fountain Valley December 4, 2018 Page 2 FISCAL IMPACT Funds for this agreement will be deposited in the Police Department Jail Facility Rental revenue account (no. 01114002 57460) for the following fiscal years: / in Chief of Police FY 2018-19 $2,500 FY 2019-20 $5,000 FY 2020-21 $2,500 Total $10,000 APPROVED AS TO FUNDS AND ACCOUNTS: KathNn Downs, CPA Executive Director eO) Santa Ana Police Department Finance and Management Services Agency Exhibit 1: Agreement with the City of Fountain Valley 25D-2 AGREEMENT FOR THE DETENTION IN THE SANTA ANA CITY JAIL OF PERSONS TAKEN INTO CUSTODY BY THE CITY OF FOUNTAIN VALLEY POLICE DEPARTMENT THIS AGREEMENT made and entered into December 3, 2018, by and between the City of Fountain Valley, a municipal corl)oration duly organized and existing under the Constitution and laws of the State of California (hereinafter "Agency"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. Agency desires to use the facilities and personnel of the Santa Ana City Jail (hereinafter collectively "Detention Facility") to house detainees held in custody by the City of Fountain Valley Police Department for violation of California Penal Code §647(0, being under the influence of alcohol, drugs or other controlled substance (hereinafter "§647(f) detainees"). B. City leas availability in its Detention Facility to house detainees of Agency. C. The parties agree to utilize the Detention Facility tinder the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: TERM The term of this Agreement commences upon execution of this Agreement and continues for two years until December 4, 2020. This agreement may be terminated by either party upon thirty (30) days written notice without cause. 2. SCOPE OF SERVICES City agrees to provide the housekeeping, safekeeping and subsistence of §647(t) detainees of Agency in accordance with this Agreement. 3. COMPENSATION a. Agency agrees to pay, and the City agrees to accept as total payment for housing Agency detainees, the Daily Jail Rate of One Hundred Forty -Six Dollars ($146.00) per prisoner day. Agency agrees to reimburse the City, separate from the Daily Jail Rate, for emergency medical costs, routine and non -routine, as set forth in Section 4, below. 25Q;,J,.. b. Payment by Agency shall be made within thirty (30) days following receipt of proper invoice from City. 4. SUPPORT AND MEDICAL SERVICES a. City agrees to accept and provide for the secure custody, care and safekeeping of Agency's detainees in accordance with state and local laws, standards, policies, procedures and court orders applicable to the operation of City's facilities. City agrees to provide Agency's detainees with the same level of on-site medical care and services provided to City's prisoners. Agency shall reimburse City for expenses incurred by City in providing transportation and security for detainees requiring removal from the Detention Facility for emergency medical or mental health services. b. Original invoices for all costs associated with hospital or health care services provided to Agency' s detainees outside City' s Detention 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 detainee from City' s Detention Facility and to obtain prior authorization for removal for all other medical or mental health services required. c. City shall provide routine over-the-counter pharmaceutical and routine prescription care for Agency detainees. Long- term medication for chronic care, including HIV and psychotropic medications shall be the responsibility of the Agency. d. Persons injured or ill prior to arrival at the City's Detention Facility must have amedical clearance issued by a doctor or hospital of Agency' s choice. If the detainee requires further medical or mental health treatment due to such injury or illness, Agency shall be responsible for all required transportation and treatment. e. Agency shall be responsible for all testing of blood, breath or urine. 5. INSURANCE Each party represents that it is self-insured for up to at least one (1) million dollars for general liability ( including property damage and bodily injury) as well as worker's compensation claims. Each party agrees to provide the other with a letter setting forth their respective self-insured retention and any additional excess insurance coverage prior to the start of services under this Agreement if requested by the other party. G. INDEMNIFICATION AND HOLD HARMLESS Agency agrees to and shall indemnify and hold harmless the City, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the Agency or its contractors, agents, employees, or other persons acting on their behalf which relates to the services 25D-4 described in this Agreement. City agrees to and shall indemnify and hold harmless the Agency, its officers, agents, employees and consultants from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the City or its contractors, agents, employees, or other persons acting on their behalf which relates to the services described in this Agreement. 7. NOTICE Any communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the mariner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702- 1988 Facsimile (714) 647- 6956 With courtesy copies to: And: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 245- 8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P. O. Box 1988 Santa Ana, California 92702 Facsimile ( 714) 647- 6515 25D-5 To Agency: City Clerk City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Facsimile ( 714) 593-4551 and: Chief of Police City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA 92708 Facsimile (714) 593- 4453 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 8. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Agency, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and the Agency. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Agency nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 9. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 25D-6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA RAUL GODINEZ II City Manager ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Citi Attorney A n Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF FOUNTAIN VALLEY ROBERT IIOUSTON City Manager ATTEST: KATHY HEARD Deputy City Clerk APPROVED AS TO FORM: ALEXANDRA M. HALFMAN Attorneys for City INITIATED AND APPROVED: KEVIN L. CHILDE Chief of Police 25D-7 25D-8