HomeMy WebLinkAboutFOUNTAIN VALLEY, CITY OF (5)INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CITY CLERK
DATE:
JUL 13 2023
0.. PA(SOLA i2 A)(3^)
AGREEMENT FOR THE DETENTION IN THE
SANTA ANA CITY JAIL
OF PERSONS TAKEN INTO CUSTODY BY THE
CITY OF FOUNTAIN VALLEY POLICE DEPARTMENT
N-2023-170
THIS AGREEMENT made and entered into July 1, 2023, by and between the City of
Fountain Valley, a municipal corporation 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 housedetainees held in custody by the City of Fountain Valley
Police Department for violation of California Penal Code §647(f), being under the influence of
alcohol, drugs or other controlled substance (hereinafter "§647(f) detainees").
B. City has availability in its Detention Facility to house detainees of Agency.
C. The parties agree to utilize the Detention Facility under 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:
1. TERM
The term of this Agreement commences upon execution of this Agreement and continues for three
years until June 30, 2026. 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 -Eight Dollars ($148.00) 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.
b. Agency agrees to pay City for services previously rendered. Invoices for said services
beginning January 1, 2023, are attached hereto as Exhibit (A) to this Agreement. This amount
encompasses the full amount for past services due by the Agency. City agrees that no other
outstanding invoices or amounts are due and this will pay in full any outstanding debts owed by
the Agency.
c. 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 othermedical or mental health services
required.
c. City shall provide routine over-the-counter pharmaceutical and routine prescription care
for Agency detainees. Any long-term medication for chronic care, including but not limited to,
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 a medical
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
Agency shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Agency, his agents,
representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury with
limits no less than $2,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregatelimit shall apply separately to this project/location (ISO
CG 25 03 or 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1),
or if Recipient has no owned autos, hired, (Code 8) and non -owned autos (Code 9),
with limitno less than $1,000,000 per accident for bodily injury and property
damage.
Workers' Compensation insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than
$1,000,000 per accident for bodily injury or disease.
If the Agency maintains broader coverage and/or higher limits than the minimums
shown above, the City of Santa Ana requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the agency. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the City of Santa Ana.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Santa Ana, its officers, officials, employees, and volunteers are to be
covered as additional insureds on the CGL policy with respect to liability arising out of
work or operations performed by or on behalf of the Agency including materials, parts,
or equipment furnished in connectionwith such work or operations. General liability
coverage can be provided in the form of an endorsement to the Agency's insurance (at
least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is
used).
Primary Coverage
For any claims related to this contract, the Agency's insurance coverage shall be
primary coverage at least as broad as ISO CG 20 0104 13 as respects the City of Santa
Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance
maintained by the City of Santa Ana, its officers,officials, employees, or volunteers
shall be excess of the Agency's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled,
except with notice to the City of Santa Ana.
Waiver of Subrogation
Agency hereby grants to City of Santa Ana a waiver of any right to subrogation which
any insurer of said Agency may acquire against the City of Santa Ana by virtue of the
payment of any loss under such insurance. Agency agrees to obtain any endorsement
that may be necessary to affect this waiverof subrogation, but this provision applies
regardless of whether or not the City of Santa Ana has received a waiver of subrogation
endorsement from the insurer.
Self -Insured Retentions
Self -insured retentions must be declared to and approved by the City of Santa Ana. The
City of Santa Ana may require the Agency to purchase coverage with a lower retention
or provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self -insured retention may be satisfied by
either the named insured or City of Santa Ana.
Acceptability oflnsurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City of Santa Ana.
Verification of Coverage
Agency shall furnish the City of Santa Ana with original Certificates of Insurance
including all required amendatory endorsements (or copies of the applicable policy
language effecting coverage requiredby this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing allpolicy endorsements to City of Santa
Ana before work begins. However, failure to obtain the required documents prior to the
work beginning shall not waive the Agency's obligation to provide them.
The City of Santa Ana reserves the right to require complete, certified copies of all
required insurance policies,including endorsements required by these specifications,
at any time.
Special Risks or Circumstances
City of Santa Ana reserves the right to modify these requirements, including limits,
based on the nature of therisk, prior experience, insurer, coverage, or other special
circumstances.
6. 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 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 manner provided in this Section, to
the following persons:
To City: City Clerk
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:
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
To Agency: City Cleric
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 terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreementmay 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. JMSDICTION—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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
CITY OF SANTA ANA
-:�� �L Lty-
KRISTINE RIDGE
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
T MARA B GOSIAN
Senior Assistant City Attorney
FOR APPROVAL,;
D LENTIN
Chief of Police
CITY OF FOUNTAIN VALLEY
M MGIE LE
Ci a:m
ATTEST:
'a, i , "- �,
RICK MILLER
City Clerk
APPROVED AS TO FORM:
ALEXANDRA M. HALFMAN
Attorneys for City
RECOMMENDED FOR APPROVAL:
/��i�/ROOM
EXHIBIT A
CITY OF SANTA ANA
fn �+' Finance & Management Services Agency M-87
20 Civic Center Plaza
P.O. Box 1964
Santa Ana, CA 92702
Ph: (714) 647-6543
Email: accountsreceivables@santa-ana.orp INVOICE
— Customer:
FOUNTAIN VALLEY PD
10200 SLATER AVE
FOUNTAIN VALLEY CA 92708
Date:
Customer No.
Invoice No.
Due Date:
03/09/2023
25090
PC723
04/08/2023
Description:
Balance Forward:
POLICE DEPARTMENT
SPECIAL HOUSING - JAN 2023
292.00
Total Due:
$292.00
Please remit payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency.
CHECK POLICY: It is understood by all persons who wish to write checks to the City that acceptance
of checks is conditional upon the satisfactory collection of the check. If a check is dishonored or
returned for any reason, the customer will be responsible for paying the full amount of the check that
was returned plus the state's maximum allowable processing fee.
PLEASE DETACH AND RETURN THIS PORTION WITH REMITTANCE
--------------------------------------------------------
i — MAIL PAYMENT TO: —
CITY OF SANTA ANA M-13
20 CIVIC CENTER PLAZA
PO BOX 1964
SANTA ANA CA 92702
Customer: 25090
FOUNTAIN VALLEY PD
Invoice #: PC723
Due Date: 04/08/2023
Amount Due: $292.00
PC00000723000025090000000292006PC000007230000250900000002'20 65
CITY OF SANTA ANA
.Jr Finance & Management Services Agency M-87
20 Civic Center Plaza
P.O. Box 1964
4N.'It- Santa Ana, CA 92702
Ph: (714) 647-6543
Email: accountsreceivablesasanta-ana.oro INVOICE
Customer:
FOUNTAIN VALLEY PD
10200 SLATER AVE
FOUNTAIN VALLEY CA 92708
Date:
Customer No.
Invoice No.
Due Date:
04119,2023
25090
PC724
05119/2023
Description:
Balance Forward:
POLICE DEPARTMENT
SPECIAL HOUSING - MAR 2023
438.00
Total Due:
$438.00
Please remit payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency.
CHECK POLICY: It is understood by all persons who wish to write checks to the City that acceptance
of checks is conditional upon the satisfactory collection of the check. If a check is dishonored or
returned for any reason, the customer will be responsible forpaying the full amount of the check that
was returned plus the state's maximum allowable processing fee.
PLEASE DETACH AND RETURN THIS PORTION WITH REMITTANCE
MAIL PAYMENT TO:
CITY OF SANTA ANA M-13
20 CIVIC CENTER PLAZA
PO BOX 1964
SANTA ANA CA 92702
Customer: 25090
FOUNTAIN VALLEY PD
Invoice #: PC724
Due Date:
Amount Due:
05/19/2023
$438.00
PC00000724000025090000000438009PC000007240000250900000004380098
CITY OF SANTA ANA
M':
Finance & Management Services Agency M-87
20 Civic Center Plaza
4 P.O. Box 1964
�.' Santa Ana, CA 92702
Ph: (714) 647-6543
Email: accountsreceivables@santa-ana.org INVOICE
- Customer: -
FOUNTAIN VALLEY PD
10200 SLATER AVE
FOUNTAIN VALLEY CA 92708
Date: 06/14/2023
Customer No. 25090
Invoice No. PC726
Due Date: 07/14/2023
Description:
Balance Forward:
POLICE DEPARTMENT
SPECIAL HOUSING - APR 2023
146.00
Total Due:
$146.00
Please remit Payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency.
CHECK POLICY: It is understood by all persons who wish to write checks to the City that acceptance
of checks is conditional upon the satisfactory collection of the check. If a check is dishonored or
returned for any reason, the customer will be responsible for paying the full amount of the check that
was returned plus the state's maximum allowable processing fee.
PLEASE DETACH AND RETURN THIS PORTION WITH REMITTANCE
- MAIL PAYMENT TO:
CITY OF SANTA ANA M-13
20 CIVIC CENTER PLAZA
PO BOX 1964
SANTA ANA CA 92702
Customer:
25090
FOUNTAIN VALLEY PD
Invoice #:
PC726
Due Date:
07/1412023
Amount Due:
$146.00
PC00000726000025090000000146007PC000007260000250900000001460079