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HomeMy WebLinkAboutAGMT - Los Alamitos City of (Detention Services)DocuSign Envelope ID: FA68022E-C4E9-4D60-A91 F-DD62DFA18122 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE CITY OF LOS ALAMITOS AND THE CITY OF SEAL BEACH This Intergovernmental Services Agreement for Detention Services ("Agreement") is made and entered into as of March 1, 2020, (the "Effective Date") by and between the City of Los Alamitos ("Los Alamitos"), a California charter city, and the City of Seal Beach ("Seal Beach"), a California charter city. Collectively, Los Alamitos and Seal Beach are sometimes referred to herein collectively as the "Parties" and singularly "Party". RECITALS A. Seal Beach owns and operates a detention center facility ("Facility") located at 911 Seal Beach Boulevard. B. Seal Beach desires to provide the services of the Facility for detainees held in custody by Los Alamitos. C. Los Alamitos desires to use the services of the facility for detainees held in custody by Los Alamitos. Now therefore, the Parties agree as follows: 1. TERM The term of this agreement is from June 1, 2020, the Effective Date, through May 30, 2022, for a period of two (2) years, unless earlier terminated by either party pursuant to Paragraph 10. 2. COVERED SERVICES Seal Beach agrees to provide necessary custodial housekeeping, safekeeping, and subsistence of detainees of Los Alamitos in accordance with this Agreement. Seal Beach shall bill Los Alamitos and Los Alamitos shall pay Seal Beach the following fees for services under this Agreement: a. Daily 1-Iousing Fee: $135.00 1) This fee is payable for each detainee held in custody for any portion of a day, excluding DETOX detainees. b. DETOX Fee: $100.00 be DocuSign Envelope ID: FA68022E-C4E9-4D60-A91 F-DD62DFA18122 (l) The fee is payable for each DETOX detainee held in custody for any portion of the day. (2) Persons booked for DETOX will remain in custody only for the time permitted by law. c. Detainees must be released to a responsible adult party, or at a location and by a method, mutually acceptable to Seal Beach and Los Alamitos. Those unable to do so will be returned to Los Alamitos's Police Department. d. Transportation to the West Orange County Court for arraignment, for those housed in the Facility, is included in the Daily Housing Fee. e. The fees set forth in this paragraph shall be adjusted annually on January 1 s` of each year in accordance with the increase in the Consumer Price Index, without any further action by Los Alamitos or Seal Beach. For purposes of this Agreement, "Consumer Price Index" means the revised consumer price index for All Urban Consumers, Los Angeles -Long Beach -Anaheim, 1967 = 100, as prepared by the Bureau of Labor Statistics of the United Sates Department of Labor, or if any agency shall cease to prepare such an index, then any comparable index covering the Los Angeles and Orange County areas prepared by any other federal or state agency that is approved by the City Council of City. 3. SUPPORT AND MEDICAL SERVICES a. Provided the Facility is not at maximum capacity, Seal Beach agrees to accept and provide for the secure custody, care, and safekeeping of Los Alamitos's medium or low risk detainees as determined by pre -booking classification procedures of the Facility. Seal Beach has the right to reject any detainee who, in Seal Beach's sole opinion, requires special handling or presents a high-risk, including risk of flight or of injury to the detainee or others. b. Seal Beach agrees to provide Los Alamitos's detainees with the same level of medical care and services provided to Seal Beach's prisoners, including secure transportation for detainees required to be removed from the Facility for emergency medical services. The original invoices for all costs associated with hospital or health care services provided to Los Alamitos's detainees outside the Facility will be submitted to Los Alamitos for direct payment by Los Alamitos to the service provider, and Los Alamitos as soon as promptly pay such invoices. Seal Beach will notify Los Alamitos as soon as possible of any emergency medical circumstances, which require removal of any Los Alamitos detainee from the Facility. Seal Beach will obtain prior authorization from Los Alamitos for the removal of any Los Alamitos detainee for all required medical services. If a Detention Officer is required to standby at the hospital facility, Los Alamitos will be billed for such -2- DocuSign Envelope ID: FA68022E-C4E9-4D60-A91 F-DD62DFAl 8122 service at an hourly rate salary. Los Alamitos has the option of providing its own officer. c. Los Alamitos detainees who are injured or ill prior to arrival at the Facility must be cleared for booking through a licensed physician or hospital of Los Alamitos's choice. If, in the sole opinion of Seal Beach, the detainee requires further medical treatment due to an injury or illness incurred prior to booking, booking will be refused and Los Alamitos will be responsible for all required transportation and treatment in association therewith, All testing of blood, breath, blood, or urine shall be the responsibility of Los Alamitos. 4. COURT DOCUMENT PACKAGES Los Alamitos shall be responsible for the preparation and delivery of all court document packages. Los Alamitos shall make appropriate advance arrangements with the Seal Beach for arraignment transportation to the West Orange County Court. 5. NO THIRD PARTY RIGHTS No third party shall be deemed to have any rights hereunder against either Party as a result of this Agreement. 6. INDEMNIFICATION AND HOLD HARMLESS a. Los Alamitos shall defend, indemnify and hold harmless Seal Beach, its City Council, officers and employees from an and all liability, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants), which arise out of Los Alamitos's negligent acts and omissions in connection with the performance of its duties and obligation pursuant to this Agreement.. b. Los Alamitos further agrees to defend indemnify and hold harmless Seal Beach, its City Council, officers and employees from any and all liability, including any claim if liability and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) for any and all claims arising from actions or failures to act of whatever nature occurring prior to detainee's booking in the Facility. c. Seal Beach shall defend, indemnify and hold harmless Seal Beach, its City Council, officers and employees from an and all liability, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants), which arise out of Seal Beach's negligent acts and -3- DocuSign Envelope ID: FA68022E-C4E9-4D60-A91 F-DD62DFAl8122 omissions in connection with the performance of its duties and obligation pursuant to this Agreement. d. Seal Beach and Los Alamitos agree to defend indemnify and hold harmless one another and their respective City Council, officers and employees from any and all liability, including any claim if liability and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) that may be imposed upon the other solely by the virtue of the provisions of Section 895.2 of the California Government Code. 7. BILLING ADDRESS The billing address of Los Alamitos is: Los Alamitos Police Department 3201 Katella Avenue Los Alamitos, California 90720 Contact Person: Wayne Byerley Telephone: (562) 431-2255, ext. 420 FAX: (562) 431-6499 8. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Mail, addressed as follows: If to Seal Beach: Seal Beach Police Department 911 Seal Beach Boulevard Seal Beach, CA 90740 Attention: Sgt. David Barr 9. PAYMENT If to Los Alamitos: Los Alamitos Police Department 3201 Katella Avenue Los Alamitos, CA 90720 Attention: Captain Wayne Byerley Agency shall pay Seal Beach all amounts due to Seal Beach within 30 days after Seal Beach delivers to Los Alamitos a proper invoice. The date of the check issued in payment shall be considered the date payment is made. 10. TERMINATION Either party may terminate this Agreement at any time upon twenty-four (24) hours' written notice. In the event the Agreement is terminated, the parties shall mutually agree to the -4- DocuSign Envelope ID: FA68022E-C4E94D60-A91F-DD62DFA18122 disposition of detainees in detention at the time of the effective date of the termination. Los Alamitos shall pay Seal Beach all outstanding fees within five days of termination. 11. INDEPENDENT CONTRACTOR Seal Beach is, and shall at all times remain as to Los Alamitos, a wholly independent contractor. Los Alamitos shall have no control over the conduct of Seal Beach or any of its employees. Seal Beach shall not, at any time or in any manner, represent that it or any of its agents or employees are employees of Los Alamitos. 12. WAIVER No waiver of any default shall constitute waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 13. ENTIRETY The foregoing sets forth the entire agreement between the parties, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 14. SEVERABILITY The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their respective authorized officers, as of the date first written. CITY OF LOS ALAMITOS By: lW SillWA&S Chet Simmons, City Manager City of Los Alamitos Date: 6/18/2020 -5- CITY OF SEAL BEACH By: c.&M &"o* A.a r ca Schelly Sustarsi, ayor City of Seal Beach Date: L/UUUJIYII CI IVCIUFIC IU. FP%UOVLLC-k"+CV7 LJUV-r%V Ir-UUULL FM IO ILL Attest: DoauSW.Od by. �it��.++►t,ra 54BMO . Windmera Quintanar, City Clerk City of Los Alamitos Date: 6/18/2020 Approved as to form: Dowsiolwa W. EA D2Aon=I)E4DFa111 Michael Daudt, City Attorney City of Los Alamitos 6/15/2020 Date: n Attest: Gloria Harper, City Cled City of Seal Beach Date: 06/25/2020 Approved as to form- ig Steele, City Attorney City of Seal Beach Date: 6/23/2020 C'