HomeMy WebLinkAboutCC AG PKT 2006-04-24 #V
AGENDA REPORT
DATE: April 24, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Chief Jeff Kirkpatrick, Police Department
SUBJECT: Intergovernmental Service Agreement Between City of Los Alamitos
and City of Seal Beach for Jail Contract
SUMMARY OF REOUEST:
The proposed City Council action will approve an Intergovernmental Service Agreement between the
City of Los Alamitos and the City of Seal Beach for their use of the Seal Beach jail facilities
administered by the current jail operations vendor, CSI-Corrections Systems, Inc.
BACKGROUND:
The City of Los Alamitos previously booked arrestees at the Seal Beach Police Department jail, under
an Intergovernmental Service Agreement, which lapsed. This new Agreement rejuvenates the previous
Agreement through at least January 1, 2011, and will allow the Los Alamitos Police Department to
book its arrestees into the Seal Beach Police Department jail as before.
FISCAL IMPACT:
There is no anticipated negative fiscal impact to the City. The City of Los Alamitos will pay agreed
upon booking fees to the City of Seal Beach, for each arrestee housed in the Seal Beach facility.
RECOMMENDATION:
It is recommended that the City Council adopt the Intergovernmental Service Agreement Between
City of Los Alamitos and City of Seal Beach for Jail Contract,
Jeff Kirkpatrick, Chief of Police
Resolution Approving the Intergovernmental Service Agreement
Service Agreement with Los Alamitos
Agenda Item.JI..
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH APPROVING A
INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN CITY OF LOS ALAMITOS AND CITY OF
SEAL BEACH FOR JAIL CONTRACT
WHEREAS, tile City of Seal Beach operates a jail facility for the booking and housing of
arrestees in a contractual agreement with CSI-Correction Systems, Inc, who manages the jail
fucility for the City of Seal Beach and contracts booking, bed space, and transportation services
to other user agencies; and
WHEREAS, the City of Los AlamilOli wishes to book tbeir arrestees at the Seal Beach jail
facility aa onother user agency; and
WHERAS, the City of Los AlamilOli and the City of Seal Boacb havo agreed upon a
Intorgovernmen181 SeMce Agreement Between the City of Los Alamitos and the City of Seal
Be..h for jail serviceS; and
WHEREAS, it is in the public interest to provide a means by which other public agencies may
requostjail aervices for the benefit of the City of Seal Beach; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Seal Beach,
California, pursuant to this authority, hereby adopts and approves the Intergovemmental
Service Agreement Between City of Los Alamitos and City of Seal Beach for Jail Services
contract.
This Resolution shall be effective upon adoptiun except for any agreements, contracts, plans
and specifications submitted to the City prior to the date of adoption.
PASSED APPROVED AND ADOPTED by the City Council of the City of Seal
Beach, California, at a meeting th.....fheld on the 24th day of.AilriL 2006 by the
following volo:
AYES: Council Membolll
NOES: Council Members
ABSENT: Council Membolll
ABSTAIN: Council Membera
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORA.,'IGE )SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Be..b, California, do bereby certify that the
foregoing Resolution is an original copy of Resolution Number on file in the
office of the City Clerk, paased, approved and adopted by the City Council of the City of
Seal Beach at a regular meeting thereof held on the ~ day of --&!riL, 2006.
City Clerk
RcYIIICd4-24-06
INTERGOVERNMENTAL SERVICE AGREEMENT
BETWEEN THE
CITY OF LOS ALAMITOS, CALIFORNIA
AND THE
CITY OF SEAL BEACH, CALIFORNIA
THIS AGREEMENT ("Agreement") is made and entered into as of
January 1,2006, by and between the City of Los Alamitos, California ("AGENCY") and
the City of Seal Beach ("CITY''), a municipal corporation, County of Orange, State of
California, for the purpose of detention of persons in custody by AGENCY.
RECITALS
A. CITY has a detention facility (the "FACILITY") that is managed and operated
under contract by Correctional Systems, Inc. ("CSI'') for the Seal Beach Police
Department.
B. CITY desires to provide the services of the FACILITY for detainees held in
custody by AGENCY.
C. AGENCY desires to use the services of the FACILITY for detainees held in
custody by the AGENCY.
AGREEMENT
1. TERM:
The term of this AGREEMENT is from January 1,2006 through January 1,2011, for
a period of five (5) years, unless earlier terminated by either party pursuant to
Paragraph 9.
2. COVERED SERVICES:
CITY agrees to provide necessary custodial housekeeping, safekeeping, and
subsistence of detainees of the AGENCY in aCcordance with this AGREEMENT.
CITY shall bill AGENCY and AGENCY shall pay CITY the following fees for
services under this AGREEMENT:
a.
Dailv Housinll: Fee:
$72.00
(1) This fee is payable for each detainee held in custody for any
portion of a day, excluding DETOX detainees.
b.
$72.00
DETOX Fee:
(1) This fee is payable for each DETOX detainee held in custody for
any portion of a day.
(2) Persons booked for DETOX will remain in custod,y 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 CITY and AGENCY. Those
unable to do so will be returned to the City of Los Alamitos 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
1st of each year in accordance with the increase in the Consumer Price
Index, without any further action by AGENCY or CITY. 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
States Department of Labor, or if any such 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 CITY agrees to accept and provide for the secure custody, care, and
safekeeping of AGENCY'S medium or low risk detainees as determined
by pre-booking classification procedures of the FACILITY. CITY has the
right to reject any detainee who, in CITY'S sole opinion, requires special
handling or presents a high-risk, including risk of flight or of injury of the
detainee or others, or who will cause the capacity of the FACILITY to be
exceeded.
b, CITY agrees to provide AGENCY'S detainees with the same level of
medical care and services provided to CITY'S prisoners, including secure
transportation for detainees required to be removed from the FACILITY
for ernergency medical services. The original invoices for all costs
associated with hospital or health care services provided to AGENCY'S
detainees outside the FACILITY will be submitted to AGENCY for direct
payment by AGENCY to the service provider, and AGENCY shall
promptly pay such invoices. CITY will notify AGENCY as soon as
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possible of any emergency medical circumstances, which require
removal of AGENCY'S detainee from the FACILITY. CITY will obtain
prior authorization from AGENCY for the removal of any AGENCY
detainee for all required medical services. If a Correctional Officer is
required to standby at the hospital facility, AGENCY will be billed for
such service at an hourly rate commensurate with the Correctional
Officer's basic or overtime rate salary. AGENCY has the option of
providing its own officer.
c. AGENCY detainees who are injured or ill prior to arrival at the F ACIL TY
must be cleared for booking through a licensed physician or hospital of
AGENCY'S choice. If, in the sole opinion of CITY, the detainee requires
further medical treatment due to an injury or illness incurred prior to
booking, booking will be refused and AGENCY will be responsible for all
required transportation and treatment in association therewith. All testing
of blood, breath, or urine shall be the responsibility of AGENCY,
4. COURT DOCUMENT PACKAGES:
AGENCY shall be responsible for the preparation and delivery of all court
document packages. AGENCY shall make appropriate advance
arrangements with the CITY for arraignment transportation to the West
Orange County Court.
5. INDEMNIFICATION AND HOLD HARMLESS:
a. AGENCY hereby agrees to indemnify and hold harmless CITY, its
City Council, officers and employees, and CSI from any and a11liability,
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 the negligent performance of this AGREEEMENT by
AGENCY, its officers, or employees.
b. AGENCY further agrees to indemnify and hold harmless CITY, its
City Council, officers and employees and CSI from any 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)
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. CITY hereby agrees to indemnify and hold harmless AGENCY, its
officers and employees from any and all liability , including any claim of
liability, and any and all losses or costs (including reasonable legal
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expenses and costs of expert witnesses and consultants), which arise out of
the negligent performance of this AGREEMENT by CITY.
d. CITY and AGENCY agree to indemnify, and hold harmless each
other for any costs of expense (including reasonable legal expenses and
costs of expert witnesses and consultants) that may be imposed upon the
other solely by virtue of the provisions of Section 895.2 of the California
Government Code,
e. By separate agreement ("Jail Operating Agreement" hereinafter)
between CITY and CSI, CSI has agreed to indemnify defend, indemnify,
protect and hold harmless City and its agents, officers, employees,
attorneys, volunteers, and any parties with which City has entered into an
. Intergovernmental Service Agreement for the detention of inmates at
FACILITY from and against all claims asserted or liability for damages or
injuries to any person or property, including injury to CSl's ernployees,
agents, or officers that arise from, or are connected with, or are caused or
claimed to be caused by, the acts, errors or omissions of CSI and its
agents, officers or employees, in performing the work or services herein,
In addition, pursuant to the Jail Operating Agreement, CSI must maintain
general liability insurance policies of a comprehensive form and on an
"occurrence basis" with a minimum combined single limit of Three
Million Dollars ($3,000,000) that includes civil rights coverage with a
limit no less than Three Million Dollars ($3,000,000). AGENCY shall be
listed as an additionally named insured on such policies.
6. BILLING ADDRESS:
The billing address of AGENCY is:
Los Alamitos Police Department
3201 KatellaAvenue
Los Alamitos, California 90720
Contact Person: Captain Todd Mattern
Telephone: (562) 431-2255, ext 420
FAX: (562) 431-6499
7. 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:
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If to CITY:
If to AGENCY:
Seal Beach Police Department
911 Seal Beach Boulevard
Seal Beach, CA 9740
Attention: Chief Jeff Kirkpatrick
Los Alamitos Police Department
3201 KatellaAvenue
LosAlamitos,CA90720
Attention: Captain Todd Mattern
8. PAYMENT:
Payment by AGENCY to CITY shall be due by the thirtieth (30)
calendar day after receipt by AGENCY of a proper invoice from CITY.
The date of the check issued in payment shall be considered the date
payment is made.
9. TERMINATION:
Either party may terminate this AGREEMENT at any time upon twenty-
four (24) hours notice. In the event the AGREEMENT is terminated, the
parties shall mutually agree to the disposition of detainees in detention at
the time of the effective date of the termination. AGENCY shall pay
CITY all outstanding fees within five days of termination.
10 INDEPENDENT CONTRACTOR:
CITY and CSI are, and shall at all times, remain as to AGENCY, wholly
independent contractors. AGENCY shall have no control over the conduct
of CITY or CSI or any of their respective employees. CITY and CSI shall
not, at any time or in any manner, represent that they or any of their agents
or employees are employees of AGENCY.
11, ENTIRETY:
The foregoing sets forth the entire agreement between the parties.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed
by and through their respective authorized officers, as of the date first above written.
~~
Mayor, City of Los Alamitos
Date:;f{~ .!)fJ, ~
Attest:
"CITY"
CITY OF SEAL BEACH
By:_
Mayor, City of Seal Beach
Date:
Attest:
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~._..(!.~~
Los Alamitos City Clerk
Date:
Seal Beach City Clerk
Date:
~;mtao~
Seal Beach City Attorney
Date:
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