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HomeMy WebLinkAboutIRVINE, CITY OF (13) Dacus�iagn� Envelo e ID:A38217B3-036D-425C-BBED-D008100EFECE IN5U�jANCE ON FILE N-2024-347 WORK LAY PROCEED UNTIL INSURANCE EXPIRES 0//Q.LJ1 ' -- - CITY CLERK DATE. OCT 1 6 2024 AGREEMENT FOR THE DETENTION IN THE SANTA ANA CITY JAIL 0: pp(I) OF PERSONS TAKEN INTO CUSTODY BY THE Jaime, N1anr�veL(k►"', IRVINE POLICE DEPARTMENT THIS AGREEMENT made and entered into October 1, 2024 by and between the City of Irvine, a charter city and 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 organised 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 Irvine 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 a. The term of this Agreement commences upon execution of this Agreement and continues for (3) years until September 30, 2027. This agreement may be terminated by either party upon thirty(30)days written notice without cause. b. Either party may terminate this Agreement by giving the other party a thirty (30) days written notice without cause. 2. SCOPE OF SERVICES City agrees to provide the housekeeping, safekeeping and subsistence of female §647(f) 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.The daily jail rate is based on the City's fee schedule and may increase as the fee schedule changes. Agency agrees to reimburse the City, separate from Docusign Envelope ID:A38217B3-036D-425C-BBED-D008100EFECE the Daily Jail Rate, for emergency medical costs, routine and non-routine,as set forth in Section 4, below. 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 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 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. 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 Docusign Envelope ID:A38217B3-036D-425C-BBED-D008100EFECE 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: Clerk 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: 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 And City Attorney City of Santa Ana 20 Civic Center Plaza(M-29) P.O. Box 1988 Santa Ana, California 92702 Facsimile(714) 647-6515 Docusign Envelope ID:A3821763-036D-425C-BBED-D008100EFECE To Agency: Irvine Police Department P.O. Box 19575 Irvine, California 92713 Attn: Chief of Police And: Jeffrey Melching, City Attorney Rutan & Tucker, LLP 18575 Jamboree Road, 9m Floor Irvine, California 92612 Facsimile: (714) 546-9035 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 Agreement may not be modified except by written instrument signed by the City and the Agency. The parties agree that any terms and 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. Docusign Envelope ID:A38217B3-036D-425C-BBED-D008100EFECE IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA CITY OF IRVINE �Signed by: MAX LI/11) `-7809AA719A2B4CZ. ALVARO NUNEZ OLIVER CHI City Manager City Manager ATTEST: ATTEST: ❑ocuSigned by' Vit41,;1‘ V• [ OFCAD91F02E547D... N FE ALL CARL PETERSEN Cie oft Council City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: SONIA R. CARVALHO JEFFREY MELCHING City Attorney City Attorney DocuSigned by: AktidulAl By:LE1jEIy Tamara Bogosian (Name) Assistant City Attorney (Title) City Attorney RECOMMENDED FOR APPROVAL: INITIATED AND APPROVED: 4 d �S,, -- r igned..byy: IL , 0,4 28597D6C65A9404... ROBERT RODRIGUEZ [ MICHAEL KENT Acting Chief of Police Chief of Police ® DATE AC� AC� CERTIFICATE OF LIABILITY INSURANCE 8/6/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT California Insurance of Authority(CIPA) • Polue � •H 366 San Miguel Driv uit o.Ext_ g a y signed by Newport Beach,C it le E-MAILE-M NADDRESS: rtr A .G - eyed© NAIL# INSURER A• of mi f A N/A INSURED _INSURERr. 1/�` (]'�� CaliforniadM InsuranceeAc Pool Authority(CIPA) r ! ate• I ` O V 2 6 And Member Agency of: INSURE C: City of Irvine • • • P.O.Box 19575 ceve O INS'RUP_RE: Irvine,CA 92623-957 Jl'„SURER F: 1 4.7 6:49 ().7'00( COVERAGES CERTIFICATE NUMBER: 112145C REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR TYPEOFINSURANCE W ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD VD POLICY NUMBER ,MM!DDIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY CIPA-023 7/1/2024 7/1/2025 EACH OCCURRENCE $ 2,000,000 DAMAD CLAIMS-MADE E OCCUR PREMISESO(Ea occurrence)REr $ MED EXP(Any one person) $ SIR applies per policy terms PERSONAL&ADV INJURY $ and conditions. 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY II PRO- I�LOC PRODUCTS-COMP/OP AGO $ JECT I I OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIF $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLALIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION CIPA-023 7/1/2024 7/1/2025 SPER TATUTE X 04H AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/NEMBER EXCLUDED? I I N/A (Mandatory In NH) SIR applies per policy terms E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below and conditions. E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana is included as Additional Insured in accordance with the policy provisions of the General Liability policy. CERTIFICATE HOLDER CANCELLATION 24-25 CIPA Casualty* 1121450 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Risk Management Divison THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza,4th Floor ACCORDANCE WITH THE POLICYPROVIS\ / Santa Ana,CA 92702 USA Risk ManagernentDtviston o0��Ycb AUTHORIZED REPRESENTATIVE �\- REVIEWED&APPROVED BY: 'I'' 13 Ace Auto ecticputal ; -' I 'v� Risk Management Specialist ©1988.2015 ACORD CO/ ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COVERED PARTY: CALIFORNIA INSURANCE POOL AUTHORITY MEMORANDUM OF COVERAGE NUMBER: CIPA-023 COVERAGE PERIOD: JULY 1, 2024 TO JULY 1, 2025 ADDITIONAL INSURED ENDORSEMENT - PRIMARY AND NONCONTRIBUTORY Section IV — WHO IS A COVERED PARTY 1(j) Any person(s) or organization(s), when the Covered Party is required in a written contract to provide coverage to them, but only for Bodily Injury or Property Damage liability which: (1) Is covered by this Memorandum; and (2) Is caused, in whole or in part by: (a) The normal course of the Covered Party's operations; or (b) Ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Covered Party; or (c) Work performed for that person or organization by the Covered Party; or (d) The maintenance, operation or use by the Covered Party of any equipment or Auto leased to Covered Party by such person(s) or organization(s). The limits of coverage afforded to such person(s) or organization(s) shall be (a): The minimum limits of coverage which Covered Party agreed to provide, or (b) The Limit of Liability under this Memorandum, whichever is less. Upon written request made prior to the assertion of any Claim, coverage provided under this paragraph j shall be primary and noncontributory over any applicable insurance when expressly required by written contract or agreement with the Covered Party. Upon written request, the Authority shall provide an additional insured endorsement, primary and noncontributory endorsement, notice of cancellation and/or a waiver of subrogation when required by written contract. • g�,N ea�ep Reek Management Division Coverage provided under this paragraph expires: (a) when REVIEWED&APPROVED BY: agreement ceases; or (b) when the Covered Party ceases to be z A A Risk Management Speciaiis t or the operations or work or usage cease, whichever is earlier./ •