Loading...
HomeMy WebLinkAboutCC AG PKT 2008-02-11 #AA AGENDA STAFF REPORT e DATE: February 11 , 2008 TO: THRU: FROM: Honorable Mayor and City Council David Carmany, City Manager Jeff Kirkpatrick, Chief of Police SUBJECT: INTERGOVERNMENTAL SERVICE AGREEMENT TO PROVIDE JAIL FOR THE CITY OF LOS ALAMITOS SUMMARY OF REQUEST: e At their September 23, 2007 meeting, the City Council approved the revitalization and operation of the City Jail by the Police Department. Subsequently, the City Council approved the budget adjustment for Fiscal Year 2007-2009 allowing the Police Department to operate the city jail. An Intergovernmental Agreement (IGA) between the City of Seal Beach and the City of Los Alamitos already existed that allowed Seal Beach to provide jail services to Los Alamitos for a fee. Since the City did not renew its contract with Correctional Systems Inc. (CSI), the City Attorney-approved IGA revisions to remove any mention of CSI and increase the daily housing fee from $72.00 to $85.00. Staff requests that City Council approve the IGA between the cities of Seal Beach and Los Alamitos allowing the former to provide jail services to the latter. BACKGROUND: Following non-renewal of the City's contract with Correctional Systems Inc. to provide jail services, Requests for Proposals were solicited from alternate prospective jail operators. No satisfactory submissions were received. The Police Department submitted jail alternatives and budget to Council, which they approved. In preparation to open a full service jail, the Police Department revised the current IGA with the City of Los Alamitos that excludes CSI services in the IGA and increases the arrestee daily housing fee. FINANCIAL IMPACT: e No negative impact: the Police Department anticipates that the jail services extended to the City of Los Alamitos will provide the City with approximately $22,400 in gross annual revenue. Agenda Item ~/1 RECOMMENDATION: e Staff recommends that the City Council approve this updated Intergovernmental Agreement between the City of Seal Beach and the City of Los Alamitos. NOTED AND APPROVED: ~ ~ David Carmany, City Manager Attachments: A. INTERGOVERNMENTAL SERVICE AGREEMENT e e e RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING AN INTERGOVERNMENTAL SERVICES AGREEMENT FOR THE SEAL BEACH CITY JAIL BETWEEN SEAL BEACH AND THE CITY OF LOS ALAMITOS WHEREAS, on September 23,2007, the City Council approved the revitalization and operation of the Seal Beach City Jail; and WHEREAS, the City of Los Alamitos is a municipal government in Orange County, California; and WHEREAS, the City of Los Alamitos has requested that the City of Seal Beach provide jail services to Los A1amitos. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section'. 1. The City Council hereby approves the Intergovernmental Services Agreement between the City of Los Alamitos and the City of Seal Beach. Section 2. The Council hereby authorizes the City Manager to execute the Agreement on behalf of the City. Section 3. The City Clerk shall cer!ify to the passage and adoption of this resolution. e PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 11th day of Februarv. 2008 by the following vote: AYES: Councilmember NOES: Councilmember ABSENT: Councllmember ABSTAIN: Councllmember Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } e I, Unda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file In the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 11 th day of February , 2008. City Clerk e mTERGOVERNMENTALSERWCEAGREEMENT 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 22, 2008, by and between the City of Los Alamitos ("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 ("FACILITY") that is managed and operated by 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. e AGREEMENT 1. TERM: The term of this AGREEMENT is from January 21, 2008 through January 1, 2010, for a period of two (2) 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 Housinl!: Fee: $85.00 (1) This fee is payable for each detainee held in custody for any portion of a day, excluding DETOX detainees. e b. DETOX Fee: $72.00 OI-22-08-8C-SBlailcontract-Atll.doc - 1 - (1) This fee is payable for each DETOX detainee held in custody for any portion of a day. e (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 CITY and AGENCY. Those unable to do so will be returned to AGENCY'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 8I;IIluallyon 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. e 3. SUPPORT AND MEDICAL SERVICES: a. Provided the FACILITY is not at maximum capacity, CITY agrees to accept and provide for the secure custody, care, and safekeeping of AGENCY's medium or low risk detainees as detennined 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 to the detainee or others. 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 emergency 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 possible of any emergency medical circumstances, which require removal of AGENCY'S detainee from the FACILITY. CITY will obtain prior authorization from AGENCY fOT the removal of any AGENCY detainee e 8C-SBJailconlraot-Attl.doc -2- e for all required medical services. If a Detention Officer is required to standby at the hospital facility, AGENCY will be billed for such service at an hourly rate commensurate with the Detention 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 FACILITY 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. e 5. INDEMNIFICATION AND HOLD HARMLESS: a AGENCY shall defend, indemnify and hold hannless CITY, its City Council, officers and employees 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), which arise oilt of AGENCY's negligent acts and omissions in connection with the performance of its duties and obligation pursuant to this AGREEMENT. b. AGENCY further agrees to defend, indemnify and hold hannless CITY, its City Council, officers and employees 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 detamee's booking in the FACILITY. c. CITY shall defend, indemnify and hold hannless AGENCY, its City Council, officers and employees 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), which arise out of CITY's negligent acts and omissions in connection with the performance of its duties and obligation pursuant to this AGREEMENT. e BCSBJailcontract-Attl,doc -3- 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 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: ., Ifto CITY: Seal Beach Police Department 911 Seal Beach Boulevard Seal Beach, CA 9740 Attention: Manager Douglas Shur If to AGENCY: Los Alamitos Police Deplll1ment 3201 KatellaAvenue Los Alamitos, CA 90720 Attention: Captain Todd Mattern 8. PAYMENT: AGENCY shall pay CITY all amounts due to CITY within 30 days after CITY delivers to AGENCY a proper invoice. The date of the check issued in payment shall be considered the date payment ~s 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. e BC-SBJailcontmct-AIlI.doc -4- e 10. INDEPENDENT CONTRACTOR: CITY is, and shall at all times, remain as to AGENCY, a wholly independent contractor. AGENCY shall have no control over the conduct of CITY or any of its employees. CITY shall not, at any time or in any manner, represent that it or any of its 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. By: B. Kenneth C. P er Mayor, City each e City of Los Alamitos / -J,.;;)..-tJ S" Date: Date: Attest: Attest: Seal Beach City Clerk c. V7' City Cl"" Date: I;;' () I' I Date: Approved as to form: A Seal Beach City Attorney Date: Date: e 8CSBJailconlr1l<:t-AltI,doc -5- CITY OF LOS AL.AM:ITOS Mayor. Kenneth C. Parker Mayor PIo Tim: Ge,~ L Graham-Me)., Council Member!: Calhe~ne A, Orlscoll Troy 0, Edgar Dean Grose InIo~m CIty Manager: Oallld L Rudat e 3191 Kalella Avenue Las A1amltas. CA 9072O-51lOO Telephone: (562) 431-35.18 FAX (562)493-1255 e www.cl.Las-A1aml1cs.cQ.UI January 23, 2008 Manager Douglas Shur Seal Beach Police Department 911 Seal Beach Blvd. Seal Beach, CA 90740 SUBJECT: AGREEMENT FOR DETENTION SERVICES Dear Manager Shur: At its meeting of January 22, 2008, the City Council of the City of Los Alamitos approved an Intergovernmental Service Agreement between the cities of Seal Beach and Los Alamitos for the pmpose of detention of persons in custody by the City of Los Alamitos. I am enclosing two originals of the above Agreement. Please secure the appropriate signatures on both, and return one original to the attention of: Susan C. Vanderpool, City Clerk City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 If you require anything further, please contact me at (562) 431-3538, extension 220. Sincerely, CITY OF LOS ALAMITOS cS~(]V~ Susan C. Vanderpool City Clerk cc: Todd Mattern, Interim Chief of Police Enclosures