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Home My WebLink AboutAGMT - Los Alamitos, City of (Jail Services) • 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 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. 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. Daily Housing Fee: $85.00 (1) This fee is payable for each detainee held in custody for any portion of a day, excluding DETOX detainees. b. DETOX Fee: $72.00 01- 22- 08- 8C- SBJailcontract - Attl.doc - 1 - ak i, • (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 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 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. 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 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 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 for the removal of any AGENCY detainee 8C- SBJailcontract- AttI.doc - 2 - • 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. 5. INDEMNIFICATION AND HOLD HARMLESS: a AGENCY shall defend, indemnify and hold harmless 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 out 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 harmless 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 detainee's booking in the FACILITY. c. CITY shall defend, indemnify and hold harmless 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. 8C- SBJailcontract- 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. 6. BILLING ADDRESS: The billing address of AGENCY is: Los Alamitos Police Department 3201 Katella Avenue 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: If to CITY: If to AGENCY: Seal Beach Police Department Los Alamitos Police Department 911 Seal Beach Boulevard 3201 Katella Avenue Seal Beach, CA 9740 Los Alamitos, CA 90720 Attention: Manager Douglas Shur 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 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. 8C- SBJailcontract- Attl.doc - 4 - • • 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. "AGENCY" "CITY' CITY OF LO.i'1 ' OS CITY OF . mo w' EA H / 1.01 By: B r. j Ar/�i Kenneth C. Patalffe Mayor' � e City of Los Alamitos Date: / - . 2 - 0- Date: ()' - // - 6 Attest: Attest: 4115411114 AO ... , /, 1. Susa' C. Vanderpo 1, City Clerk Seal Beach City Clerk Date: ova' o Date: 0,9 - //- OIf As , ov-d as t: form: • Approved as term: dir.. A" Dean :'r eth, Ci 3 /Attorney ea Beach r4Pr Attorney Date: ,'°"22 • 09 Date: (9 '/i �vV • • 8C- SBJailcontract- Att1 .doc - 5 -